HomeMy WebLinkAboutAmelco Construction, Inc - 1998-08-17tlffl ('aoQ.ao
.4 fMCity of Huntington Beach
'ZF; I D INTER -DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: THOSE LISTED HEREON
FROM: ADMINISTRATIVE SERVICES, Accounting and Records
SUBJECT: 10% RETENTION PAY ENT
cc WIC-1 Zk
DATE:��-�
The conformed copy of the Notice of Completion for the above contract has been
filed. The thirty-five (35) day waiting period has elapsed or will elapse before
payment is made. Processing of the 10% retention payment is recommended so
long as no stop notices or outstanding invoices are on file with the City.
&areon
VL, LELLA, Director of Finance
I certify that no stop noticeon the subject at this time.
Date: 64 `jI
RO$ERT F. BEARDSLEY, Public Works Director
l certify that no stop notices are on file on the subject contract and that a
guaranty bond has been filed.
Date: — -i -
CONNIE BROCKWAY, City g&rk
I certify that there are no outstanding invoices on file.
r. • �,
,►:iliENRICH, City Treasurer
10% Retention Payment 0610819912:54 PM
WHEN RECORDED MAIL TO
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P O Box 190
Huntington Beach, CA 92648
Recorded an tlit' 00unty of Orange, California
Gary L. Gran�,'ill.a, Clerk/Recorder
No Fee
19990447563 1:38pm 06/16/99
005 1701548.0 17 77
11112 1 6.00 0.110 0.00 0.00 0.00 0.00
- � »,� - (coo. �o
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street,
Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of
Huntington Beach, California to Amelco Construction who was the company thereon for doing the
following work to -vat
Police DNA Laboratory Expansion Project — CC-1082
That said work was completed June 7,1999 by said company according to plans and specifications and to
the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the
City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, June 7,1999.
That upon said contract Reliance Insurance Company was surety for the bond given by the said company
as required by law This document is solely for the official business of the City of Huntington Beach, as
contemplated under Government Code Section 6103 and should be recorded free of charge
Dated at Huntington Beach, California, this 8 h day of June,1999
City Clerk and ex-officio Clerk
of the City Council of the Cay
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-offica Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council
Dated at Huntington Beach, California, this 8`" day of June, 1999.
City Clerk and ex-o9the
erk
of the City Council oty
of Huntington Beach, California
WHEN RECORDED MAIL TO
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P O Box 190
Huntington Beach, CA 92648
DECLARATION OF SATISFACTIO`' OF CLAIh7S
I, . Amelco Construction state:
1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully
described in the public works contract entitled Police DNA Laboratory Expansion
and dated 5 /24199
2. All workers and persons employed, all firms supplying materials, and all subcontractors for the
above -mentioned project have been paid in full.
3. The follo%%ing are either disputed claims, or i.ems in connection %pith Nlotices to Withhold,
wb.ich have been filed under the provisions of the statutes of the State of California: (if none,
state 'NL O T)
j
I declare under penalty of perjury that the forrgeing is true and correct.
Executed at OgIrdena, Cnlifnrnin on this 24th day of May _--- , 199-1. 1999.
(Signature of ontractor)
Sean Hitchcock,'Project Manager
JB;
�J
City- of Huntington Beach
Department of Public Works
Post Office Box 190
Huntington Beach, CA 92648
Subject: Certification of Compliance %%ith Title VII of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The =dersigned, contractor on
CC: 1082 Police DNA Laboratory Exranalnn r
Project No. Title
hereby certifies that all laborers, mechanics, apprentices, trainees, %vatchmen and guards employed
by him or by any subcontractor performing work under the contract on the project have been paid
,rages at rates not less than those required by the contract provisions, and that the work performed
by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in
the contractor training program provisions applicable to the vmge rate paid.
r--
IPature d Tide Sean Hitchcock, Project Manager
g-cc cashcon!
MAINTENANCE BOND
Bond No. B257 87 71-A
RM_JIANCF' INSURANCE COMPANY
HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA
KNOW ALL MEN BY THESE PRESENTS, that we Amelco Construction, A Division of
Amelco Industries
19208 South Vermont Avenue, Gardena, CA 90248
as Principal, ,and RELIANCE INSURANCE COMPANY, a Pennsylvania corporation, as Surety, are held and
firmly bound unto the City of Huntington Beach, 2000 Hain street, Huntington Beach,
CA 92648
as Obligee, in the full and just sum of One Hundred Twenty-four Thousand Three Hundred Ninety-three
andNo/100-------------------------------------------------------------------------------
----------------------------------------------- ------ Dollars ($124,393.00------------- ),
for the payment of which sum, well and truly to be made, we bind oursetves, our heirs, executors, administra-
tors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a contract with the City of Huntington Beach
dated July 27, 1998 for Construction of Police DNA Lab Expansion
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of one years? after approval of the final estimate on said job, by the aNner. against
all defects in workmanship and materials which may become apparent during said period, and
WHEREAS, the said contract has been completed, and was approved on
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year(s)
from the date of approval of the said contract, the work done under the terms of said contract shall disclose
poor workmanship in the execution of said work, and the carrying out of the terms of sad contract, or it shall
appear that defective materials were furnished thereunder, then this obligation shall remain in full force and
virtue, otherwise this instrument shall be void.
Signed and sealed this 29th
Witness:
CYNTHIA L. GONZALEZ ,
Witness:
Carol B . Henry
BOR-23M ED. 7-71
day of July
. 1993 .
A"IELCO CONSTRUCTION, A DIVISION OF
A%MLCO INDUSTRIES
BY 4 I/ t
MARK S. AIrGELICH. PRESIDE' 7
Principal
RELIANCE INSURANCE CONtPANY
By.✓✓-fJ
Helen A. Weires An r @
THIS'DOCUMENTHAS ACOLOREDB/ICKG ESOt Wlit[EPAPERC .::; :ta;?:Fs•3`.ti`�=;k;xl
RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
I KNV4VALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duty organized under the taws of the Stale of Delaware,
fand that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duty organized under the taws of the
Cornmznweafth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY Is a corporation duty organized under the laws of the State of
i Wisconsin (herein collectively called "the Companies) and that the Companies by virtue of signature and seals do hereby make, constitute and appoint
Helen A. Weires, Mary R. Barry, Bradley N. Wright, John T. Lettleri. Dawn Shanley, Carol B. Henry. of San Francisco, California their true and
lawful Aitomey(s)-in-Fact, to make, execute; seal and deliver for and on their beha'f, and as their act and deed any and all bonds and undertakings of
suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory In the
inature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers. and hereby ra ifies and
confirms aff that their said Attomey(s)-in-Fad may do in pursuance hereof.
This Power of Attorney Is granted under and by the authority of Article V11 of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE
INSURANCE COMPANY. UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in
full force and effect, reading as follows:
ARnCLE vn-MCVTION OF DONDS AND uNOERTM14GS
1. The Dowd of Dimon. die ►midea4 ma Chairoua of des crowd, any 5ea;or Vier FtaWm. my Vitt Rasidem or Assisam Via PmWew or odw ofnoa dai jaaW by dam BOW of Dimon dull bare
po-rr wd a dwky m W ppoim Amrnry(s)-knFact w4 in autteriee dram b ascrta On behalf of dta Company. bonds sad attdelmkinp, m MaimuKa% oon42ca or bdrmniry and ad w ttrrimaap oblilmary is dx Year
dhwtof, and Ibl ao rmoan say rice Ammney(s)-imFwt a any dine and revota dw powar and Sudwti y 1]"to m dwm.
'L Amnmy(s)-wFact *&H have powu and awborky. a„bjm to the arms and timimions of des Fw-w of Amwrry brew o rbem, as "=LOW and deliver on behalf of dw Company. bends and sederskinp.
ncol nisanm, cosanca of iademairy and at w -MUI+p ebtijsawy In dhe Hamra mberml. The Corporate seal is am amts wy for da ealidiry of any bonds lad waunkings rocolairmhxa. Comsat) of iadcme y and ocher
wriwp odipwry is du saner dw 1.
7. Anorrmy(s)-io.Fact shall han p"a and aedtoriry Ir saeWa aftrdaviu required a be amehed In bomb. teeoln',n,has. amwaen of inkmaky or ocher wndiumol or obriptory wadW- kbv ud dhey shag
also have po.er and asdhority a oadfy to firw W sowum of dw Company and eo oopia of des 9y-La-s of du Company or any ankle or Section tbrreor.
This Fbwer orAnwaey is rimed and leafed by hesimde wkW and by wd wity or the fsllo-ing ruoledos adtpred by dha Eaecudw and Finance Commiam of a* I ow& of Diameters of Rd6nce Ire,sanm Company.
Unimd seine Inrww" Company rod "max marred redemrky Company by Unaniahom Comeet dared as o-r Fobnw y IS. 19% sad by the ExenKive and Fironeid Commi in of do Dowd of Dimon of Reliance
SWM Campany by Ueaaiam az ComMot loud u of March 11, 9994.
'arched dui Me tiporwa of lath dkwws and ofnan and 04 Sol of dse Company may be Srnaad to toy a,eb Pb-er of Arwrmey or an ornifiu n ralatirS twuo by hcsimaL and my Vic!
Fovea of Awnwy or anifuam baring such hcsimile sigma or haimile ant shall be said and biarisl upon dra Carpany and any Inch Fo.a so eamwad and ow6nrd by !animas s;Smarm
and facsimile sd shall be eaUd and bina q epos rho Company. 1• des f6rum wk h respect as any boed or wdwsaklag co +hich k 's attached.'
IN WITNESS WHEREOF. the Companies have caused these presents to be s gned and their corporate seals to be hereto affixed, this March 6,1998.
>T �j 4 • b 4S! s
"SF.1L~
asses
STATE OF Washington )
COUNTY OF King )Ss.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE C0161PANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL. INDEMNITY COMPANY
On this. March 6,1998. before me, Laura L. Wadsworth. personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of
the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National indemnity Company and that as
such, being authorized to do so, executed the foregoing Instrument for the purpose therein contained by signing the name of the corporation by himself as
Is duty authorized officer.
In witness whereof, I hereunto set my hand and of tat seal.
NOTAii'f �
PUBIC . ��i..,`O. •
33�mt IV ary Public in and for the State of. Washington -
_ :: f w Residing at Puyallup
1, Robyn Layng. Assistant Secretary of RELIANCE SURETY COMPANY. RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE
COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which Is still In full force and effect.
IN WITNESS VtiNEREOF, I have hereunto set my hand and affixed the seats of said Companies this 29 th day of July year of 1998
♦ ! ♦ C D M
``'SF,►LR iius� 4 - = 4z414: Assistant Secrets
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Sar. Francilco
On 07/29/98 , before me,
Dam hat'* MN Lra 01 Offim 19 9., 5una Doi. Norary PubW)
personally appeared Helen A. Weires. Attorngy-ft-Parr
Nams;st or sv-aa)
.�. D. B. COLLADO
a COht!A. # 1127421
HC?AAY PAC C • CALrAnu to
61.4 flw c==y m
My Corm iri u X-a IL IOU
PW@ Notary slat Above
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that he/shelthey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
s9mWe at Notary PuOL C
OPTIONAL
Though the Information below is not required by law, it may prove valuable to persons ►*lying on the document
and could prevent fraudulent removal and rea7achment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: — 07/29/98 Number of Pages: 1
Signer(s) Other Than Named Above: NLA
Capacity(ies) Claimed by Signer
Signer's Name:
❑Individual '
Top of v+u++a n.n
❑ Corporate Officer —Title(s):
❑ Partner — O Limited ❑ General
V Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:Zcjlame Tnsurn „p Corpaany
0 1997 Nab" Nwfy AssoNaUm - 03W Da Solo Ave.. P.O. Box 2a02 0 Chatswer. , CA 912t3-2402 Prod. No. 5907 Reorder: Can 7os&Fna 1-000-876-M27
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
June 8, 1999
Gary Granville
County Recorder
P. 0. Box 238
Santa Ana, California 92702
Dear Sir:
CALIFORNIA 92648
Enclosed please find a Notice of Completion to be recorded and returned to the Office of
the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California
92648.
Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed
self-addressed, stamped envelope.
incerely yours,
Connie Brockway
City Clerk
CBrc
Enclosure: Notice of Completion— CC-1082 —Police DNA Laboratory Expansion
Project — Amelco Construction Company
{Tale phone: 714-53" 2271
MY azdp��
CITY OF HUNTINGTON BEACH
MEETING DATE: June 7,1999 DEPARTMENT ID NUMBER: PW 99-040
Council/Agency Meeting Held:
Def�rredlContinued to:
AFproved Co dill a!! A roved O D Hied
EPV13' ty Clerk's Signature
ar
Council Meeting Date: June 7, 1999
Department ID Number: PW 99-040
CITY OF HUNTINGTON BEACH
c
REQUEST FOR COUNCIL ACTIONiZ -
z _
L7 n--.
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERSco
SUBMITTED BY: RAY SILVER, City Administrators
PREPARED BY: OBERT F. BEARDSLEY, Director of Public Wor s
RONALD E. LOWENBERG, Chief of Police
SUBJECT: Accept The Police DNA Laboratory Expansion Project: CC 1082 and
File a Notice of Completion
Statement of Issue. Funding Source, Recommended Action, ATtemayve Action(s), Analysis, EnvironmentaT Status, Attachment(s)
Statement of issue: Amelco Construction, Incorporated, has completed its contract for the
construction of the Police DNA Laboratory Expansion Project.
Funding Source: Sufficient Capital Improvement Funds were authorized for this project.
Recommended Action: Motion To:
1. Accept the Police DNA Laboratory Expansion Project at a final cost of $141,443 and
authorize the City Clerk to file a Notice of Completion with the County Recorder's Office.
Alternative Action(sl: None.
Analysis: On August 17, 1998, Council awarded a contract to Amelco Construction,
Incorporated, in the amount of $124,393 to construct the Police DNA Laboratory Expansion
Project. The adopted project budget also included $17,500 to cover potential change orders
and $3,107 for supplemental expenses, for a total of $145,000 to construct the Police DNA
Laboratory Expansion Project.
Eaa
6961notice of compietionlRCA -2• 05112/99 8:40 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: PW 99-040
The improvements are now complete per the approved plans and specifications. Therefore,
the Director of Public Works recommends acceptance of the project and requests the City
Clerk file the Notice of Completion.
The following is a summary of the final project costs:
1. Contract Amount:
2. Change orders:
Subtotal:
3. Supplemental Expenses:
Total:
Council Approved
$124,393
17 500
$141,893
3.107
$145,000
Environmental States: Not applicable.
Attachment(s):
RCA Author. Charlonne
Actual Expenditures
$124,393
17,050
$141,443
1,335
$142,778
6961notice or completion/RCA -3- 05/12/99 12:36 PM
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Accept the Police DNA Laboatory Expansion Project:
CC 1082 and File a Notice of Completion
COUNCIL MEETING DATE:
June 7, 1999
RCA ATTACHMENTS
STATUS
Ordinance (wlexhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the CityAttomey)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FO RDED
Administrative Staff
( )
)
Assistant City Administrator (Initial)
( }
( )
City Administrator (Initial)
City Clerk
( )
EXPLANATION FOR RETURN OF ITEM:
Date/Time 06/02/1999 4:32.52 PM City of Huntington Beach Page 1
Office of the City Clerk
Records
Ref Category Subject Entered Status Document Expires Box ID Label
AM 600.80 11/09/1998 Active CC 696 12970 AMELCO CONSTRUCTION - Construction of Mechanical
Screening and equipment modifications at Peck Reservoir
Pump Station - CC-696 10/5/98 - Notice of Completion
4/5/99
AM 600.80 08/21/1998 Active CC 1082 1261 rAory Expansion Project - CC-1082 8117/98
Total Records Detailed: 2
CITY OF HUNTINGTON BEACH
l 3,ri ,eL !;Le / ce Wi
/d Ci�R�NG-DPYI�
MEETING DATE: 8/17/98
Council/Agency Meeting Held:
Deferred/Continued to:
dApproved,y R Conditionally Approved 0 Denied
Council Meeting Date: 8/17/98
DEPARTMENT ID NUMBER: PW 98-069
19777 (0ao. fro
Clerk's Signature
Department ID Number: PW 98-069
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY: 446BERT F. BEARDSLEY, Director of Public Works
RONALD E. LOWENBERG, Chief of Police
SUBJECT: Approve the Design/Build Contract for the Poli epartment DNA
Laboratory Expansion Project; CC-1082
Statement of Issue, Funding Source, Recommended Action, Aftemative Actions), Analysis, Environmental Status,
Statement of Issue: Proposals were received on April 29, 1998, and June 18, 1998 from
qualified design/build contractors to design and construct the Police Department DNA
Laboratory Expansion Project; CC-1082
Funding Source:
Funds of $90,000 have been budgeted and are available in Account number E-CP-PD-315-
6-31-00 combined with a $55,000 reduction in account number E-AA-PD-332-1-10-00,
salaries, will be sufficient to fund this project.
Recommended Action: Motion to:
1. Approve and authorize the Mayor and City Clerk to execute the attached design/build
contract with Amelco Construction, Incorporated, for a fee of $124,393 to provide
design/build construction services for Police Department DNA Laboratory Expansion
Project; CC-1082; and
2. Authorize the Director of Public Works to expend a total of $145,000 which includes the
above contract amounts totaling $124,393, estimated construction contingencies of
$17,500 and supplemental expenditures of $3,107.
0032583.01
V16
-2- 07124198 9:35 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 8117198 DEPARTMENT ID NUMBER: PW 98-069
Altemative Actions): Deny approval of the contract and forgo the project. This will result
in the our ineligibility for the Grant Funds and the Police Department's ability to implement a
DNA program.
Analysis: The Police Department DNA Laboratory Expansion Project consists of the
construction of a dedicated, 500 square foot space, adjacent to the existing laboratory. This
laboratory is necessary to perform this type of specific and sensitive testing. DNA is rapidly
becoming the standard and the only acceptable means of conducting serological analysis.
The isolated area ensures there are no problems with contamination issues. The contract
includes all electrical, mechanical, plumbing and all permanent cabinetry. The Request For
Proposals (RFP) did include a requirement for the design/build contractor to process the
Planning Division's General Application and acquisition of all building permits.
All of the critical equipment, training and supplies to furnish the new DNA laboratory, in the
amount of $150,000, will be provided through a consortium grant with other crime
laboratories in the state. The DNA laboratory must be completed in order to receive the
equipment. Failure to make the space available by January 1999, will result in a forfeiture of
our position within the DNA Consortium, loss of the $150,000 in grant funds, and therefore,
the Police Department's inability to set up a DNA program.
On March 25, 1998, the following design/build firms were sent RFPs.
• Earl Walls & Associates, San Diego
• Elhlich- Rominger, Incorporated, Sacramento
• Laboratory Construction Specialists, San Juan Capistrano
One firm replied to the RFP, Laboratory Construction Specialists. Earl Walls & Associates
and Elhlich- Rominger, Incorporated were not able to submit a proposals due to their current
workloads. Staff evaluated Laboratory Construction Specialists proposal and came to the
unanimous conclusion they were highly qualified but the $2B9,730 fee presented in their
proposal was too high. Staff again solicited proposals, this time from local firms who
specialize in "clean room" type of construction.
On June 4, 1993, the following design/build firms were sent RFPs
• Team Construction, Huntington Beach
• Ameloco Construction, Gardena
Staff evaluated both proposals and are recommending Ameloco Construction. Ameloco
Construction has demonstrated an ability to meet the critical design and construction time
constraints.
Although the design/build fee, project contingencies and project supplementals exceeds the
FY 9719B budget allotment of $90,000, by using current year salary savings of $55,000
sufficient funds are available for this project.
0032583.01 -3- 0712419311:01 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 8117198 DEPARTMENT 1D NUMBER: PW 98-069
Environmental Status: The California Environmental Quality Act (CEQA) impacts will be
determined during the design phase of the project.
Attachmentls):
RCA Author. Charlonne
0032583.01 -4- O7 UM& 9:35 AM
,j, I& CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORN[A 92648
OFFICE OF THE CITY CLERK
CONNIE 6ROCKWAY
CRY CLERK
LETTER OF TR.AN&MITTAL OF ITENT APPROA'F.D BY THE CITY COUNCIL/
REDEN'F.LOPNIF.NT AGENCY OF THE CITY OF IiUN'TINGTON? BEACII
DATE: - )9216 U67- ca?0a - 19 g a
TO: )�/))J!Fj e0N,5MQ7-70A.( ATTENTION: &9M 9,-: ft'D�1
Name r�
`T �� nS VP -MOAtT ,4V e W PJ DEPARTNIEN-r: ?n=7-
Strc t
ZIMD2Nfi , (2/9. 9C)A 0 REGARDING: 1ZS/iw ?` La anM6C.7-
City, State, zip .
/t2 p
�xPl��io�v t'R.oTee T ec - � a8 z./
See Attached Action Agenda Item � ---eP Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
rz�&Ck"'Llr
Connie Brockway
City Clerk
Attachments: Action Agenda Page ___]C_ Agreement --j/13onds V/ Insurance ✓
RCA Deed Other
CC: ✓
`�%ti% RCA
Name Department RCA
�T. Fri-ede " r
in oay 7Xeaj&e
Name Department A"'-'C.1 RCA
Agrament
Insurance
Other
- 1
Agrcemrnt
Insurance
_
Other
Agreement
Insurance
Other
Namth. c Department RCA Agreement Insurwr w Other
rr)enoozA
Risk Management Dept. Insurance
Received by Name - Company Name - Date
GTollowup/coverltr
(Telephone: 714-536-5227 )
(6)
08117198 - Council/Agency Agenda - Page 6
E-6. (City Council) Approve Two Professional Services Agreements With Berryman &
Henigar And With Penco Engineerin13, inc. For Design Of Aerial Highway
Rehabilitation Program Projects: PN-17080 (600.10) - Approve the Professional
Services Contract Between the City of Huntington Beach and Berryman & Henigar to
Provide Design Services for Arterial Highway Rehabilitation for $64,627 and approve the
Professional Services Contract Between the City of Huntington Beach and Penco
Engineering, inc., to Provide Design Consulting Services for Arterial Highway
Rehabilitation Projects for $70,206 and authorize execution of same by the Mayor and
City Clerk. Submitted by the Public Works Director (For 17 streets as listed in Exhibit "A').
[Approved 7-01
E-7. (City Council) Approve Amendment To Previous Reauest For Council Action Of
June 15,_1998(PW-98-051) Approve Gas Tax Unappropriated Fund Expenditure -
Modifications At SpringdalelWarner And Bolsa ChicalHeil. CC-1086 & 1088 (600.55)
Approve appropriation of $8,850 from the Gas Tax Unappropriated Fund balance for the
City's matching funds. Submitted by the Public Works Director (Required to meet the
City's requirement to contribute 10% matching funds for both projects).
[Approved 7-01
E-8. (City Council) Approve The DesignlBuild Agreement With Amelco. Inc. - For The
Police Department DNA Laboratory Expansion Proiect: CC-1082 (600.80) -
1. Approve and authorize the Mayor and City Clerk to execute the Design Build
Agreement Between The City of Huntington Beach and Amelco, inc. to Construct Police
DIVA Laboratory Expansion Project (CC-1082) for a fee of $124,393 estimated
construction contingencies of $17,500 and supplemental expenditures of $3,107.
Submitted by the Public Works Director and the Police Chief
[Approved 7-0]
E-9. (City_Council) Adopt Resolution No. 98-61 - Approves Two Year (111198_-12131199,
Memorandum Of Understanding Between The Clty And The Management Employees
Organization And ApproveBud�et Appropriation (720.20) - Adopt Resolution No. 98-61
'A Resolution of the City Council of the City of Huntington Beach Approving and implementing
the Memorandum of Understanding Between the Huntington Beach Management Employee's
Organization (MEO) and the City of Huntington Beach for 1/1/96 - 12131/99" and appropriate
$77,110 to pay the increased salary and benefit cost of 1997198. Submitted by the Deputy
City Administrator -Administrative Services Director
[Adopted 5-2 (Sullivan, Harman: No)]
E-10. Ci Council Approve City Council intergovernmental Relations Committee
Recommended Positions in Opposition To Specific State Legislation — AB-1070 —
Design Professionals & SB-50 — School Facilities Act (120.70) — Direct staff to draft
letters opposing the following legislative bills for the Mayor's signature and send the
letters to the appropriate State Legislative Committee and the Governor: AB-1070 —
(Campbell): Design Professionals: indemnification, SB-50 — (Villaraigosa and Olberg):
Leroy F. Green School Facilities Act of 1998: $9 billion School Bond Package.
Submitted by the Deputy City Administrator -Administration
[Approved 7-01
(6)
DESIGN BUILD AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND AINIELCO, INC. TO CONSTRUCT POLICE DIVA LABORATORY EXPANSION
PROJECT(CC-1082)
TABLE OF _CONTENTS
ARTICLE 1 WQRK_STATEnENT.....................................................................1
ARTICLE 2 CONTRACT DOCUMENTS............................................................2
ARTICLE 3 OWNER'S DUTIES AND RESPONSIBILITIES....................................3
ARTICLE 4 TIME OF PERFORMANCE.............................................................3
ARTICLES CONTRACT PRICE.......................................................................5
ARTICLE 6 PAYMENT AND COMPLETION......................................................5 .
ARTICLE 7 PROJECT DOCUMENTS................................................................8
ARTICLE 8 DESIGN/BIJILDER REPRESENTATIONS AND RESPONSIBILITIES .......9
ARTICLE 9 DESIGN PHASE SERVICES.......................................................... 1 I
ARTICLE 10 CONSTRUCTION PFIASE SERVICES .............................................. 13
ARTICLE I OPERATIONAL HAS............................................................... 15
ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS ............................. 15
ARTICLE 13 BONDS..................................................................................... 16
ARTICLE 14 INDEMNIFICAT[ON .................................................................... 17
ARTICLE 15 INSURANCE.............................................................................. 17
ARTICLE 16 PATENT FEES AND ROYALTIES .................................................. 19
ARTICLE 17 PERMIU..................................................................................20
ARTICLE 18 LAWS AND REGULATIONS......................................................... 20
ARTICLEI9 TAXES..................................................................................... 21
ARTICLE 20 USE OF SITE AND OTHER AREAS ................................................ 21
l�r
ARTICLE 21 SAFETY AND PROTECTION........................................................ 21
ARTICLE 22 HAZARD COMMUNICATION PRSIGRANfS..................................... 22
ARTICLE 23 EMERGENCIES.......................................................................... 22
ARTICLE 24 SUBMITTAL,$............................................................................ 23
ARTICLE 25 CQNTINIIING THEW RK...........................................................23
ARTICLE 26 DESIGN/BUILDER'S GENERAL WARRANTY AND !Q!IARANTEE ...... 24
ARTICLE 27 PREVATLNG WAGE...........................................................................................26
ARTICLE 28 CHANGES IN THE W RK AND CLAIMS ........................................ 26
ARTICLE 29 TESTS AND TNSPEQMONS CORRECTION REMOVAL ..................... 27
OR ACCEPTANCE OF DEFECTIVE-, CONSTRUCTT2N
ARTICLE 30
NDEPENDENT DESIGN/BUILDER
...............................................
31
ARTICLE 31
TERMINATIQN OF AGREEMENT
.................................................
31
ARTICLE 32
DISPUTE RESOLUTION.......
.......................................................
32
ARTICLE 33
ASSIGNMENT AND STIBCONTRACTING
.......................................
32"
ARTICLE 34
COPYRIGHTS/PATENTS
..............................................................
32
ARTICLE 35
CITY EMPLOYEES AND OFFICIALS .............................................
32
ARTICLE 36
NOTICES..................................................................................
32
ARTICLE 37
CAPTIONS................................................................................
33
ARTICLE 38
IMMIGRATION..........................................................................
33
ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED ...................... 33
ARTICLE 40 A.TTORNF.Y'�.FEES .................................................................... 33
ARTICLE 41 SEVERABILI'I'i'....................:..................................................... 33
ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED .................... 34
DESIGN BUILD AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
AMELCO, INC. TO CONSTRUCT POLICE DNA LABORATORY EXPANSION PROJECT
THIS DESIGI\/BUILD AGREEMENT (the "Agreement"), made and entered into this
day of ?M7Z,.-.11: P 1998, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY",
and AMELCO, INC. a Califonia corporation, hereinafter referred to as "DESIGN/BUILDER."
Hereinafter, the CITY and the DESIGN/BUILDER may be referred to collectively as the
"Parties".
RECITALS:
AIMEREAS, CITY desires to obtain services for the design,
WHEREAS, the CITY issued a Request For Proposals for the Project on June a, 1998
("RFP"); and
WIIEREAS, DESIGNBUILDER submitted a proposal to CITY in response to the RFP
on June 18Z,1998 ("Proposal"),
WHEREAS, based upon the evaluation criteria and competitive selection procedure set
forth in the RFP, DESIGNBUILDER has been selected to perform, either directly or pursuant to
Subcontracts, the design, engineering and construction services set forth in this Agreement and
the Contract Documents.
NOW, THEREFORE, it is agreed by CITY and DESIGNBUILDER as follows:
ARTICLE 1
WORK STATEMENT
1.01 The "Work" is the scope of services to be performed and/or provided by
DESIGN/BUILDER pursuant to and as required by all Contract Documents including, but not
limited to the requirements set forth in RFP and Proposal herein and in accordance with all
applicable laws. DESIGN/BUILDER shall design, engineer, procure, construct, deliver, erect,
commission, start-up, test and complete the Project, consisting of all necessary material, labor,
supervision, machinery, equipment, cranes, facilities, tools, supplies and structures including
those reasonably inferable from the Contract Documents and necessary to produce the stated
result even though no mention thereof is made in the Contract Documents.
1.02 DESIGNBUILDER's responsibilities, as further described in the Contract
Documents include, but are not limited to, the following tasks:
A. Preparation of conceptual plans; ✓
B. Assisting the CITY with the CEQA and Design Review Board requirements;
jmp k'S-"e1ame1oo1820, 98
C. Securing of all permits and approvals from governing agencies including the City of
Huntington Beach Community Development Department and the California Coastal
Commission;
D. Preparation of Construction Documents;
E. Construction of the Project; and ,/
F. Operational testing. ✓
1.03 DESIGN/BUILDER hereby designates Sean Hitchcock an individual, who shall
represent DESIGNIBUILDER and be its sole contact and agent in all consultations with CITY
during the performance of this Agreement.
ARTICLE 2
CONTRACT DOCM, TENTS
2.01 The "Contract Documents" shall consist of the following documents, all of
which are either attached hereto as Exhibits or are incorporated into this Agreement by this
reference, with the same force and effect as if the same were set forth at length herein:
A. This Agreement, assigned by the Parties and effective as of the date first written
above. Addenda and Modifications issued prior to the effective date are hereby
incorporated by reference and made a part hereof.
B. The RFP, attached hereto as Exhibit A; ,
C. The DESIGNBUILDER's Proposal, attached hereto as Exhibit B; ✓
D. The Faithful performance bond attached hereto as Exhibit C;
E. The Payment Bond attached hereto as Exhibit D;
F. The Warranty Bond attached hereto as Exhibit E;
G. Construction Documents, upon approval by Owner in accordance with Article 9
herein.
2.03 Should there be any conflict between the terms of this Agreement and the
proposal of DESIGNIBUILDER, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said proposal which is in conflict herewith.
2.04 This Agreement, together with all other Contract Documents constitutes the
entire Agreement between the Parties hereto and all other representations or statements
heretofore made, verbal or written, are merged herein. This Agreement may be amended only
1 jmp Vg-agredamcicorl.'! Sl98 2
1
1
by written modification executed by duly authorized representatives of the Parties hereto or
according to the Change Order procedure set forth herein.
ARTICLE 3
OINWFR'S DUTIES AND.RFSPO``SIBILITIFS
3.01 Owner Designation of Authorized Representative. The CITY shall designate,
from time to time, one or more representatives authorized to act on the CITY's behalf with
respect to the Project.
3.02 Owner's Right To Award Separate Contracts. The CITY reserves the right
to perform Work or operations related to the Project, with the Owner's own forces, and to
award separate contracts in connection with the Project.
3.03 Owner's Right To Stop The Work. If the DESIGN/BUILDER fails to correct
defective Work as required herein, or persistently fails to carry out the Work in accordance
with the Contract Documents, the CITY may, in its sole discretion, elect to order the
DESIGNIBUILDER to stop the Work, or any portion thereof until the CITY reasonably
determines that the cause for such order has been eliminated. The CITY's right to stop the
Work is in addition to the CITY's right to terminate set forth herein.
3.04 CITY's Right To Carry Out The Work. If the DESIGN/BUILDER defaults
and neglects to carry out the Work in accordance with the Contract Documents or fails to
perform any of its obligations under the Contract Documents, the CITY may, after forty-eight
(48) hours written notice to the DESIGNBUILDER, and without prejudice to any other
remedy the CITY may have, make good such deficiencies. In such case, an appropriate
Change Order shall be issued deducting from the payments then or thereafter due the
DESIGNBUILDER the cost of correcting such deficiencies. If the payments then or
thereafter due the DESIGN/BUILDER are not sufficient to cover such amount, the
DESIGN/BUILDER shall pay the difference to the CITY within thirty (30) days of written
demand from the CITY.
ARTICLE 4
TIME OF PERFORl1IANCE
4.01 Contract Time. Time is of the essence of this Agreement. By executing this
Agreement, DESIGNBUILDER confirms that the Contract Time is a reasonable period for
performing the Work. DESIGN/BUILDER agrees to commence Work immediately upon
receipt of a written Notice to Proceed issued by the CITY, to continue performance of the
Work in a diligent workmanlike manner, to achieve Substantial Completion of the Work within
six (6) months after the date of issuance of the Notice to Proceed and to achieve final
completion of the Work within the time fixed by the City in its Certificate of Substantial
Completion (the "Contract Time"). The Contract Time may be extended only with the written
permission of the CITY.
3
jmp 1ig:agrcdamc1cofV1198
4.02 Schedules. The planning, design, construction and completion of the Project
shall be undertaken and completed in accordance with the Project Schedule to be provided to
the CITY within ten (10) days after issuance of the Notice to Proceed. The Project Schedule
shall define major design and construction activities, their sequences and elapsed completion
time from the date of the Notice to Proceed. The Project Schedule shall be updated throughout
the performance of the Work. The Project Schedule may be amended to benefit the Project if
mutually agreed by the CITY and DESIGN/BUILDER in writing.
4.03 Delays and Extensions of Time.
A. If the DESIGN/BUILDER is delayed in the progress of the Work by acts or
neglect of the CITY, CITY's employees, separate contractors employed by the
CITY, changes ordered in the Work not caused by the fault of
DESIGN/BUILDER, fire, unusual delay in transportation, adverse weather
conditions not reasonably anticipated, unavoidable casualties, or other causes
beyond the DESIGNBUILDER's control, then the Date of Substantial
Completion shall be extended for a period equal to the length of such delay if,
within ten (10) calendar days after the beginning of any such delay, the
DESIGNBUILDER delivers to the CITY a request for extension for such delay
and such request is approved by the CITY. CITY's approval of such request
shall not be unreasonably withheld.
B. An extension of time shall be the DESIGNBUILDER's sole remedy for any
such delay unless the same shall have been caused by acts constituting
intentional interference by the CITY with the DESIGNBUILDER's
performance of the Work where such acts continue after the
DESIGNBUILDER's written notice to the CITY of such interference. In the
event the DESIGNBUILDER's work has been delayed by acts constituting
intentional interference by the CITY, the DESIGNIBUILDER shall be entitled
to reimbursement for its reasonable additional costs resulting from such delays
but not for any additional profit or overhead.
4.04 Liquidated Damages. DESIGN/BUILDER and CITY recognize that time is of
the essence of this Agreement and that CITY will suffer substantial economic damage if the
Work is not completed within the times specified hereinabove, plus any extensions thereof
allowed in accordance with this Agreement. The Parties also recognize the extent of such
damages shall be incapable of accurate measurement. Nonetheless, die Parties acknowledge
that on the date of this Agreement, the amount of liquidated damages set forth below represents
a good faith estimate as to the actual potential damages that the CITY would incur as a result
of late Substantial Completion of the Project. The amount of the liquidated damages
calculated hereunder dues not include any penalty.
4.05 Amount -of Liquidated -Damages. If the DESIGNIBUILDER fails to achieve
Substantial Completion of the Work on or before the date specified hereinabove,
DESIGNBUILDER and its surety shall pay to the CITY liquidated damages in the amount of
4
jm1%9c/g'agee!&rw1 ooM 1 5,98
Two Hundred Fifty Dollars ($250) per day for each day the date of Substantial Completion is
delayed beyond the date set forth in this Agreement. It is further mutually understood and
agreed between CITY and DESIGN/BUILDER that the sums of liquidated damages set forth
above are additive for each and every day of delay in the event that Substantial Completion is
so exceeded. It is further understood and agreed upon by and between CITY and
DESIGNBUILDER that liquidated damages may be assessed against progress payments or
retainage and that CITY will issue a deductive Change Order for the amount specified herein
and will reduce the Contract Price accordingly. In the event the remaining, unpaid Contract
Price is insufficient to cover the full amount of assessed liquidated damages,
DESIGNBUILDER or its surety shall pay the difference to CITY on demand. This paragraph
shall not limit the CITY's ability to seek and obtain additional legal remedies or damages that
result from breaches of the Contract Documents by the DESIGN/BUILDER, other than those
caused by delay in achieving Substantial Completion.
ARTICLE 5
CONTRACT PRICE
5.01 In consideration of DESIGN/BUILDER'S performance of the Work described
herein, CITY agrees to pay DESIGNBUILDER the Lump Sum Contract Price of:
One Hundred Twenty Four Thousand Three Hundred Ninety Three Dollars ($124,393) to
accordance with the payment procedures set forth in Article 6 herein. Except as otherwise
provided in the Contract Documents, the Contract Price will fully compensate
DESIGN/BUILDER for all Work required by the Contract Documents.
ARTICLE 6
PAYMENT ANI) COMPLETION
6.01 Schedule of Values. Before submitting the first Application for Payment, and
within ten (10) calendar days after CITY's issuance of the Notice to Proceed, the
DESIGN/BUILDER shall submit to the CITY for review a Schedule of Values, setting forth
quantities and prices of items aggregating the Contract Price and will subdivide the Work into
component parts in sufficient detail to serve as the basis for progress payments during
performance of the Work. Such prices will include all overhead and profit applicable to each
item of Work. The Schedule of Values, as agreed to by the CITY, shall be used as a basis for
payment.
6.02 Application For Payment.
A. The DESIGNBUILDER shall deliver to the CITY on the first day of each
month, an Application for Payment covering the Work performed during such
month. The Application for Payment shall constitute a representation by the
DESIGNBUILDER to the Owner that, the design and construction have
progressed to the point indicated, the quality of the Wort: covered by the
Application is in accordance with the Contract Documents, and the
DESIGNBUILDER is entitled to payment in the amount requested.
jrnp-Vg7agcc/ameknr7,'1 5.99
B. In submitting each Application For Payment; DESIGNBUILDER warrants that:
title to all Work covered by each Application for Payment shall pass to the
CITY no later than the time of payment. The DESIGNBUILDER further
warrants that all Work covered by the previous Application for Payments is free
and clear of liens, claims, security interest or other encumbrances.
C. Each Application for Payment shall:
1. Reference this Agreement;
2. Describe the services performed;
3. Include an estimate of the percentage of Work completed;
4. Show the total amount of the payment due;
5. Include a certification by a principal member of the
DESIGNBUILDER's firm that the Work has been performed in
accordance with the provisions of this Agreement;
6. Include such documentation as may be necessary to substantiate costs
incurred, or estimated to be incurred and percentage of completion of
Work;
7. Include duly completed and executed forms of Conditional Waiver and
Release in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment requested; and
8. Include duly completed and executed forms of Unconditional Waiver and
Release, in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment received by DESIGN/BUILDER for the previous
Application for Payment.
6.03 Payment.
A. Upon submission of any such Application for Payment, if CITY is satisfied that
DESIGN/BUILDER is making satisfactory progress toward completion of Work in
accordance with this Agreement, CITY shall promptly approve the Application, in
which event payment shall be made within thirty (30) days of receipt of the
Application by CITY. Such approval shall not be unreasonably withheld. If the
CITY does not approve an Application for Payment, CITY shall notify
DESIGNBUILDER in writing of the reasons for non -approval, within seven (7)
R
jrnp 1,1 . agce'amc1caJ7l l S.'9R
calendar days of receipt of the Application.
B. Subject to verification of the value of Work completed, the CITY shall pay the
DESIGN/BUILDER for the percentage of Work completed through the period
covered by the Application for Payment less 10% retainage.
C. The DESIGNBUILDER shall have the option to substitute securities for monies
withheld from Progress Payments to ensure DESIGNBUILDER's performance
under the terms of this Agreement.
6.04 Withholding of Payments. The CITY may refuse to make payment, or
because of subsequently discovered evidence or observations, shall nullify the whole or any
part of any payment previously issued, to such extent as may be necessary to protect the CITY
from loss because of:
A. Defective work not remedied;
B. Third parties claims filed are reasonable evidence indicating probable filing of
such claims;
C. Failure of DESIGNBUILDER to make payments of undisputed amounts to
subcontractors for labor, materials or equipment;
D. Damage to the CITY caused by default or neglect of the DESIGN/BUILDER to
the extent not covered by insurance; or
E. Reasonable evidence that the work cannot be completed within the Contract
Time.
6.05 Substantial Completion. When the DESIGNBUILDER considers that the
Work is Substantially Complete, the DESIGN/BUILDER shall prepare and submit to the CITY
a request for issuance of a Certificate of Substantial Completion and a comprehensive list of
items to be completed. The DESIGN/BUILDER shall proceed promptly to complete and
correct the items. Failure to include an item on the DESIGNBUILDER's list does not alter
the responsibility of the DESIGNBUILDER to complete all Work in accordance with the
Contract Documents. Upon receipt of the DESIGNBUILDER's request for issuance of a
Certificate of Substantial Completion, the CITY will make an inspection to determine whether
Substantial Completion has occurred. The CITY may either reject the DESIGNBUILDER's
request for issuance of a Certificate of Substantial Completion or issue a Certificate of
Substantial Completion with the punchlist items of Work to be completed or corrected
(" Punchlist") and fixing the time within which DESIGNBUILDER shall complete the
Punchlist items and achieve Final Completion.
7
jrn1%Vg:agree&mc1cn."1/1 5.98
6.06 Final Completion and Final PaLment.
A. When the DESIGN/BUILDER considers that the Work is finally complete, the
DESIGNBUILDER shall so notify the CITY. The CITY will inspect the Work
and will either reject the request or accept the Work as evidenced by the
recordation of a Notice of Completion.
B. Neither final payment nor any final release of retainage shall become due to
DESIGN/BUILDER until sixty (60) days following CITY's recordation of a
Notice of Completion and the DESIGNBUILDER submits to the Owner:
1. An affidavit that all payrolls, bills for materials and equipment and other
indebtedness connected with the Work for which the CITY might in any
way be responsible, have been paid or otherwise satisfied;
2. Consent of surety to final payment;
3. Data establishing payment or satisfaction of all obligation such as
receipts, releases and waivers from all persons legally eligible to file stop
notices in connection with the NVork;
4. Submittal of Records, Drawings and Documents in reproducible format;
5. Submittal of warranties, operational and maintenance manuals and other
submittals required by the Contract Documents; and
6. Such other documentation as the CITY may reasonably require.
6.07 AVaiver of Claims. Acceptance of Final Payment by the DESIGNBUILDER
shall constitute a waiver of affirmative claims by the DESIGN/BUILDER, except those
previously made in writing and identified as unsettled of the time of final payment.
ARTICLE 7
PROJECT DOCUMENTS
7.01 Use —of -Materials. DESIGNBUILDER agrees that all materials prepared
hereunder, including all original drawings, designs, reports, field and office notices,
calculations, maps and other documents, shall be turned over to CITY upon termination of this
Agreement or upon Final Completion of the Project, whichever occurs first. In the event this
Agreement is terminated, said materials may be used by CITY in the completion of PROJECT
or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of
amounts determined by CITY to be earned by DESIGNBBUILDER to the point of termination
or completion of the PROJECT, whichever is applicable. DESIGNBBUILDER shall be entitled
to retain copies of all data prepared hereunder.
8
jmpVg:agcc'smc1uo.7/1S.i8
7.02 Delivery of Work Product. A copy of every technical memo and report
prepared by DESIGNIBUILDER shall be submitted to the CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such work
product, CITY shall identify specific requirements for satisfactory completion.
7.03 Record Documents. DESIGNIBUILDER shall maintain in a safe place at the
Project Site one record copy of all drawings, specifications, addenda, written amendments,
change orders, field orders and work change directives, in good order and annotated to show
all changes made during construction ("Record Documents"). These Record Documents,
together with all approved submittals, will be available to CITY for reference. Upon
completion of the Work, these Record Documents and submittals, including a reproducible set
of Record Drawings, will be delivered to CITY as a condition precedent to Final Payment.
ARTICLE 8
DESIGNIBUILDER REPRESENTATIONS AND RFSPONSIBILITIES
8.01 Examination of Local Conditions. The DESIGN/BUILDER represents that it
has taken steps reasonably necessary to ascertain the nature and location of the Work, and that
it has investigated and satisfied itself as to the general and local conditions which may affect
cost, progress, or performance of the Work such as:
A. Conditions bearing on transportation, disposal, handling, storage of materials;
B. The availability of labor, water, power and roads;
C. Normal weather conditions;
D. Observable physical conditions at the site;
E. The surface conditions of the ground; and
F. The character of the equipment and facilities needed prior to and during the
performance of the Work.
8.02 Review of Contract Documents and Field -Conditions.
A. DESIGN/BUILDER has examined and carefully studied the Contract Documents
(including the Addenda) and the other related data identified in the Request for
Proposals. The DESIGN/BUILDER shall perform the Work in accordance with the
Contract Documents and submittals approved in accordance with the procedures set
forth herein.
B. DESIGN/BUILDER has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
9
1mr.k,'g-agmc!ametcor7/I 5.98
conditions in or relating to existing surface or subsurface structures at or contiguous
to the Site which have been identified or made available by CITY.
C. The DESIGN/BUILDER shall take field measurement and verify field conditions
and shall carefully compare such field conditions and other information known to
the DESIGN/BUILDER with the Contractor Documents before commencing
activities.
D. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents and all additional examinations, investigations,
explorations, tests, studies and data with the Contract Documents.
E. DESIGN/BUILDER has given CITY written notice of all conflicts, errors,
ambiguities or discrepancies that DESIGN/BUILDER has discovered in the
Contract Documents and the written resolution thereof by CITY is acceptable to
DESIGN/BUILDER, and the Contract Documents are generally sufficient to
indicate and convey understanding of all terms and conditions for performance and
furnishing of the work.
F. DESIGN/BUILDER is aware of the general nature of work to be performed by
CITY and others at the Site that relat.-s to the Work as indicated in the Contract
Documents.
8.03 Legal Requirements. DESIGN/BUILDER is familiar with and is satisfied as to
all federal, state and local Laws and regulations that may affect cost, progress, performance or
furnishing of the Work. The DESIGN/BUILDER shall comply with all applicable laws and
shall give applicable notices pertaining thereto. The DESIGNBUILDER shall prepare and file
all documents required to obtain the necessary approvals of governmental authorities having
jurisdiction over the Work and/or the Project and shall secure and pay for all permits and
governmental fees, licensees and inspections necessary for the proper execution of the Work
and completion of the Project.
8.04 Before Starting Work.
A. DESIGN/BUILDER shall submit the following for review within ten (10)
calendar days after issuance of the Notice to Proceed.
1. A preliminary Project Schedule indicating the times (numbers of days or
dates) for starting and completing the various stages of the Work including
each Milestone specified in the Contract Documents;
2. A preliminary schedule of required Submittals and the times for submitting,
reviewing and processing each submittal;
10
jmp-Vg'agec amdeW7.`15,V8
3. A preliminary Schedule of Values and Cash Flow Projection; and
4. Certificates of insurance and endorsements (and other evidence of insurance
which either of them or any additional insured may reasonably request).
8.05 Initial Conference. Within twenty (20) calendar days after the issuance of the
Notice to Proceed, a conference attended by CITY and DESIGNBUILDER and others as
appropriate will be held to establish a working understanding among the Parties as to the Work
and to discuss the design concepts, schedules, procedures for handling submittals, processing
Applications for Payment, maintaining required records and other Project matters.
8.06 CITY's Acceptance of Preliminary Submittals.
A. At least ten (10) days before submission of the first Application for Payment, a
conference attended by DESIGN/BUILDER, CITY and others as appropriate, will
be held to review for acceptability the required submittals. DESIGNBBUILDER
shall have an additional ten (10) calendar days to make corrections and adjustments
and to complete and resubmit the documents. No progress payment shall be made
to DESIGN/BUILDER until the submittals are acceptable to CITY as provided
below.
B. The Projects Schedule will be acceptable to CITY as providing an orderly
progression of the Work to completion within any specified Milestones and the
Contract Time, but such acceptance will neither impose on CITY responsibility for
the sequencing, scheduling or progress of the Work nor interfere with nor relieve
DESIGN/BUILDER from DESIGN/BUILDER's full responsibility therefor. The
format and structure of the Project Schedule will be as set forth in the Contract
Documents and approved by CITY. CITY's acceptance shall not be deemed to
confirm that the schedule is a reasonable plan for performing the Work.
DESIGNBU[LDER's Schedule of Submittals will be acceptable to CITY as
providing a workable arrangement for reviewing and processing the required
Submittals.
C. DESIGNMUILDER's Schedule of Values and Cash Flow Projection will be
acceptable to CITY as to form substance.
ARTICLE 9
DESIGN PHASE SERVICES
9.01 Standard _of Care. All design services to be performed by DESIGN/BUILDER
and its employees, agents and subcontractors shall be performed in an expeditious and
professional manner using architects, engineers and other professionals properly licensed and
duly qualified in the jurisdiction in which the Project is located. The professional obligations
of such persons shall be undertaken and performed in the interest of the DESIGNBUILDER.
All design services performed pursuant to this Agreement shall be provided with the standard
11
fmp'klg:agedaMCT(,V 115"98
of judgment, care, knowledge and skill which prevails among design professionals, of
knowledge and skill, engaged in practice within Southern California under the same or similar
circumstances, involving the design and construction of an improvement such as this Project in
compliance with the CITY's requirements and performance criteria. Nothing in this article
shall create a contractual relationship between such persons and the CITY.
9.02 Preliminary Design Phase. After the Contract Time commences and within the
times set forth in the Project Schedule accepted by CITY, DESIGNIBUILDER shall:
A. Consult with CITY to understand CITY's requirements for the Project and
review available data;
B. Advise CITY as to the necessity of CITY's providing or obtaining from others
additional reports, data or services and assist CITY in obtaining such reports,
data, or services;
C. Identify and analyze requirements of governmental authorities having
jurisdiction to approve the portions of the Project designed or specified by
DESIGNIBUILDER with whom consultation is to be undertaken in connection
with the Project;
D. Prepare Conceptual Plans which shall illustrate the scale and relationship of
Project components, outline the nature and structural exterior and three
dimensional scale of the Projects and shall fix and describe in detail the
configuration and character of the Project;
E. Upon approval of the Conceptual Plans, prepare Preliminary Design Documents
consisting of final design criteria, preliminary drawings, outline specifications,
written descriptions of the Project and other documents to fix and describe the
size, quality and character of the entire Project; and
F. Furnish the Preliminary Design Documents to and review them with CITY for
approval within the time indicated in the approved Project Schedule.
DESIGNIBUILDER shall not proceed with the Final Design Phase until it
receives written authorization from CITY to do so.
9.03 Final _]f�esign Phase. After written acceptance by CITY of the Preliminary
Design Documents DESIGNIBUILDER shall:
A. On the basis of the accepted Preliminary Design Documents, prepare final
Construction Documents showing the scope, extent, and character of the
construction to be performed and furnished by DESIGNIBUILDER including
technical drawings, schedules, diagrams and specifications (which will be
prepared, where appropriate, in general conformance with the sixteen division
format of the Construction Specifications Institute) setting forth in sufficient
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detail for the purposes of competitive bidding, the requirements for construction
of the Work which shall provide information customarily necessary for the use
of those in building trades.
B. Provide technical criteria, written descriptions and design data required for
obtaining approvals of such governmental authorities as have jurisdiction to
review or approve the final design of the Project, and assist CITY in
consultations with appropriate authorities.
C. Furnish the above documents, drawings and specifications to and review them
with CITY for approval within the time indicated in the approved Project
Schedule. DESIGN/BUILDER shall not proceed with the Construction Phase
unless and until it receives written authorization from CITY to do so.-eff-Y-ti action
may be tetininat-1 for. eenvenieinee--e
ARTICI�E 10
CONSTRUCTION PHASE -SERVICES
10.01 General.
A. Construction services shall be performed by DESIGNBUILDER and/or by
qualified and licensed contractors, subcontractors and suppliers who are selected,
paid and acting in the interest of the DESIGN/BUILDER. DESIGNBUILDER
shall provide or cause to be provided and shall pay for design services, labor,
materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation and other facilities and services necessary for proper
execution and completion of the Work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
B. The DESIGNBUILDER shall be responsible for and shall coordinate all
construction means, methods, techniques, sequences and procedures.
C. The DESIGNBUILDER shall keep the CITY informed of the progress and quality
of the Work.
D. The DESIGN/BUILDER shall keep the premises free from accumulation of waste
materials or rubbish caused by the DESIGN/BUILDER'S operations. At the
completion of construction of the 'Work, the DESIGNBUILDER shall remove from
and about the Project the DESIGN/BUILDER's tools, construction equipment,
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machinery, surplus materials, waste materials and rubbish.
10.02 Supervision and Superintendent of Cormniction.
A. DESIGN/BUILDER shall supervise, inspect and direct the construction competently
and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to provide the construction in accordance with the
Contract Documents. DESIGNBUILDER shall be solely responsible to see that
the completed construction complies accurately with the Contract Documents and
shall keep CITY advised as to the quality and progress of the Work.
B. DESIGN/BUILDER shall keep on the Site at all times during construction a
competent resident superintendent, who shall not be replaced without written notice
to CITY except under extraordinary circumstances. The CITY shall have the right,
at any time, to direct a change in the DESIGN/BUILDER's key personnel if
performance is unsatisfactory, as determined by CITY in its sole discretion. The
superintendent will be DESiGNBUILDER's representative at the Site and shall
have authority to act on behalf of DESIGN/BUILDER. All communications to the
superintendent shall be as binding as if given to DESIGNBUILDER.
10.03 Labor. Materials and Equipment.
A. DESIGNBUILDER shall provide competent, suitably qualified personnel to
survey and lay out the construction and perform construction as required by the
Contract Documents. DESIGN/BUILDER shall at all times maintain good
discipline and order at the Site. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site or adjacent thereto,
and except as otherwise indicated in the Contract Documents, all construction at
the Site shall be performed during regular working hours, and
DESIGN/BUILDER will not permit overtime work or the performance of
construction of Saturday, Sunday or any legal holiday without CITY's written
consent, which will not be unreasonably withheld.
B. Unless otherwise specified in the Contract Documents, DESIGN/BUILDER
shall furnish or cause to be furnished and assume full responsibility for
materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary
facilities, temporary facilities and all other facilities and incidentals necessary
for the furnishing, performance, testing, start-up and completion of the Work.
DESIGNBUILDER, in the presence of CITY's personnel, will direct the
checkout of utilities and operations of systems and equipment.
C. All materials and equipment incorporated into the Work shall be of good quality
and new, except as otherwise provided in the Contract Documents. All
warranties and guarantees specifically called for by the Contract Documents
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shall expressly run to the benefit of CITY. If required by CITY,
DESIGN/BUILDER shall furnish satisfactory evidence (including reports of
required tests) as to the kind and quality of materials and equipment. All
materials and equipment shall be applied, installed, connected, erected, used,
cleaned and conditioned in accordance with instructions of the applicable
Supplier, except as otherwise provided in the Contract Documents.
ARTICLE 11
OPERATIONAL PHASE
11.01 During the operational phase, DESIGNBUILDER shall:
A. Provide assistance in connection with the start-up, testing, refining and adjusting
of any equipment or system.
B. Assist CITY in training staff to operate and maintain the Project.
C. Assist CITY in developing systems and procedures for control of the operation
and maintenance of and record keeping for the Project.
ARTICLE 12
SUBCONTRACTORS, SUPPLIERS AND OTHERS
12.01 DESIGN/BUILDER shall not employ any subcontractor, engineer, supplier or
other individual or entity against whom CITY may have reasonable objection.
DESIGNBUILDER shall not be required to employ any subcontractor, engineer, supplier or
other individual or entity to furnish or perform any of the Work against whom
DESIGNBUILDER has reasonable objection.
12.02 DESIGNBUILDER shall be fully responsible to CITY for all acts and
omissions of the subcontractors, engineers, suppliers and other individuals or entities
performing or furnishing any of the Work under a direct or indirect contract with
DESIGNBUILDER. Nothing in the Contract Documents shall create for the benefit of any
such subcontractor, engineer, supplier or other individual or entity any contractual relationship
between CITY and any such subcontractor, engineer, supplier or other individual or entity, nor
shall it create any obligation on the part of CITY to pay or to see to subcontractor, engineer,
supplier or other individual or entity except as may otherwise be required by laws and
regulations.
12.03 DESIGNBUILDER shall be solely responsible for scheduling and coordinating
subcontractors, engineers, suppliers and other individuals and entities performing or furnishing
any of the work under direct or indirect contract with DESIGN/BUILDER.
DESIGNIBUILDER shall require all subcontractors, engineers, suppliers and such other
individuals and entities performing or furnishing any of the Work to communicate with the
CITY through DESIGN/BUILDER.
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12.04 All services performed or provided to and material and equipment supplied to
DESIGN/BUILDER by a Subcontractor or Supplier will be pursuant to an appropriate design
sub -agreement or construction sub -agreement between DESIGN/BUILDER and the
subcontractor, engineer or supplier which specifically binds the subcontractor, engineer or
supplier to the terms and conditions of the Contract Documents for the benefit of CITY.
Whenever any such agreement is with a subcontractor, engineer or supplier who is listed as an
additional insured on the property insurance provided for herein, the agreement between the
DESIGNBUILDER and the subcontractor, engineer or supplier will contain provisions
whereby the subcontractor, engineer or supplier waives all rights against CITY,
DESIGNBUILDER, CITY's consultants and all other additional insureds for all losses and
damages caused by any of the perils or causes of loss covered by such policies and any other
property insurance applicable to the Work. If the insurers on any such policies require
separate waiver forms to be signed by any subcontractor, engineer or supplier,
DESIGNBUILDER will obtain the same.
ARTICLE 13
BONDS
13.01 DESIGNBUILDER shall, prior to entering upon the performance of this
Agreement, furnish the following three bonds approved by the City Attorney:
A. A Performance Bond in the amount of one hundred percent of the Contract Price to
guarantee the DESIGN/BUILDER'S faithful performance of the Work;
B. A Warranty Bond in the amount of one hundred percent of the Contract Price to
warrant such performance for a period of one (1) year after CITY's acceptance
thereof; and
C. A Payment Bond in the amount of one hundred percent of the Contract Price to
guarantee payment of all claims for labor and materials furnished.
13.02 The bonds shall be executed by a California admitted surety rated A-VII or
better in Best's Insurance Guide. If a Best's Insurance Guide rating is not available, the
proposed surety must meet comparable standards of another rating service satisfactory to
CITY. Bonds issued by a surety listed in the latest version of the U.S. Department of
Treasury Circular 570 shall be deemed to be accepted unless specifically rejected by CITY.
Bonds from sureties not listed in Treasury Circular 570 must be accompanied by all of the
documents enumerated in California Code of Civil Procedure Section 995.660(a).
13.03 Every bond must display the surety's bond number and incorporate the Contract
Documents by reference. The terms of the bonds shall provide that the surety agrees that no
change, extension of time, alteration or modification of the Contract Documents or the Work
to be performed thereunder shall in any way affect its obligations and shall waive notice of any
such change, extension of time, alteration or modification of the Contract Documents.
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ARTICLE 14
INDEMINIFICATIO`'
14.01 To the fullest extent permitted by law, the DESIGN/BUILDER hereby assumes
liability for and agrees to indemnify and hold harmless, the CITY, its officers, officials,
agents, employees, and representatives (hereinafter referred to as "Indemnities") from and
against any and all claims, demands, defense costs, action, expenses of any kind whatsoever,
arising out of or encountered in connection with this Agreement or the prosecution of Work
under it (including but not limited to errors or omissions in design or design -build work for
which DESIGNIBUILDER or its subcontractor(s) were responsible), whether such claims,
demands, actions or liability are caused by DESIGNBUILDER, DESIGNBUILDER's
subcontractors, agents or employees or products installed on the Project by
DESIGNBUILDER or subcontractors, regardless of whether caused in part by a party
indemnified hereunder, excepting only such injury, death, or damages as may be caused solely
and exclusively by the negligence or willful misconduct of the Indemnitees, as determined by a
court of competent jurisdiction, and such indemnification shall extend to all claims, demands,
actions, defense costs, or liability for injuries, death, or damages occurring after completion of
the Project as well as during the Work's progress. DESIGNBUILDER further agrees that it
shall (at the option of the party required to be indemnified hereunder) at its own cost, expense,
and risk, defend Indemnitees in any and all claims, demands, actions, suits, or other legal
proceedings which may be brought or instituted against Indemnitees.
14.02 This indemnity shall survive termination of the Agreement or final payment
hereunder. This indemnity is in addition to any other rights or remedies which the Indemnitees
may have under the law or under the Contract Documents. In the event of any claim or
demand made against any party which is entitled to be indemnified hereunder, the CITY may,
in its sole discretion, reserve, retain or apply any monies due to the DESIGNIBUILDER under
the Agreement for the purpose of resolving such claims; provided, however, that the CITY
may release such funds if the DESIGNIBUILDER provides the CITY with reasonable
assurance of protection of the Indemnitees' interest. The CITY shall in its sole discretion
determine whether such assurances are reasonable.
ARTICLE 15
INSURANCE
15.01. Workers Compcnsatinn _Insurance.
A. Pursuant to California Labor Code section 1861, DESIGN/BUILDER
acknowledges awareness of section 3700 et seq. of said Code, which requires
every employer to be insured against liability for workers compensation;
DESIGNIBUILDER covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
B. DESIGNIBUILDER shall maintain workers compensation insurance in an
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amount of not less than:
1. One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence;
2. One Hundred Thousand Dollars (S100,000) bodily injury by disease, each
employee; and
3. Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,
aggregate policy limit.
C. DESIGN/BUILDER shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees.
DESIGNBUILDER shall furnish to CITY a certificate of waiver of subrogation
under the terms of the workers compensation insurance and DESIGN/BUILDER
shall similarly require all subcontractors to waive subrogation.
15.02 General Liability.1 nsurn nee. DESIGN/BUILDER shall obtain and furnish to
CITY, a policy of general public liability insurance, including motor vehicle coverage covering
the PROJECT. Said policy shall indemnify DESIGN/BUILDER, its officers, agents and
employees, while acting within the scope of their duties, against any and all claims of arising
out of or in connection with the PROJECT, and shall provide coverage in not less than the
following amounts:
A. Combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of
$1,000,000 per occurrence.
B. If coverage is provided under a form which includes a designated general aggregate
limit, the aggregate limit must be no less than $1,000,000.
Said general liability policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the Project shall be deemed excess coverage and that DESIGNIBUILDER's
insurance shall be primary.
15.03 Professional Liability Insurance. DESIGNBUILDER shall furnish a
professional liability insurance policy covering the design work required by the Contract
Document. Said policy shall provide coverage for Consultant's professional liability in an
amount not less than $1,000,000 per occurrence and in the aggregate. A claims made policy
shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the DESIGNBUILDER's
start of work (including subsequent policies purchased as renewals or
replacements).
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B. DESIGN/BUILDER will make every effort to maintain similar insurance during
the required extended period of coverage following Project completion,
including the requirement of adding all additional insureds.
C. If insurance is terminated for any reason, DESIGN/BUILDER agrees to
purchase an extended reporting provision of at least two (2) years to report
claims arising from work performed in connection with this Agreement.
D. The reporting of circumstances or incidents that might give rise to future claims.
15.04 Certificates of Insurance and Endorsements. Prior to commencing
performance of the Work hereunder, DESIGNBUILDER shall furnish to CITY certificates of
insurance, subject to approval of the City Attorney, evidencing the foregoing insurance
coverages required by this Agreement; said certificates and endorsements shall:
A. Name the CITY as an additional insured with the sole exception of professional
liability insurance;
B. Provide the name and policy number of each carrier and policy;
C. Shall state that the policy is currently in force; and
D. Shall promise that such policies shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty days prior
written notice to the CITY; however, ten days prior written notice in the event
of cancellation for nonpayment of premium.
15.O5 DESIGN/BUILDER shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY. The
requirement for carrying the foregoing insurance coverages shall not derogate from the
provisions for indemnification of CITY by DESIGN/BUILDER under the Agreement. CITY
or its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. DESIGN/BUILDER shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
ARTICLE 16
PATENT FEES AND ROYALTIES
16.01 DESIGN/BUILDER shall pay all license fees and royalties and assume all costs
incident to the use in the performance of the Work or the incorporation in the Work of any
invention, design, process, product or device which is the subject of patent rights or copyrights
held by others. To the fullest extent permitted by laws and regulations. DESIGN/BUILDER
shall defend, indemnify and hold harmless CITY and its agents, employees and officers, from
and against all claims, costs, losses and damages (including bug not limited to all fees and
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charges of engineers, architects, attorneys and other professionals and all court or arbitration
or other dispute resolution costs) arising out of or pertaining, in any manner, to any actual or
alleged infringement of patent rights or copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of any invention, design, process,
product or device not specified in the conceptual documents.
16.02 The DESIGNBUILDER offers and agrees to assign to the CITY all rights, title
and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code of the State of California), arising
from purchases of goods, services or materials pursuant to performance of the Work. This
assignment will be made and becomes effective at the time CITY tenders final payment to
DESIGN/BUILDER, without further acknowledgement by the Parties.
ARTICLE 17
PERMITS
17.01 Unless otherwise provided in the Contract Documents, DESIGN/BUILDER
shall directly or through one or more subcontractors obtain and pay for all necessary permits
and licenses. CITY shall assist DESIGN/BUILDER, when necessary, in obtaining such
permits and licenses. DESIGN/BUILDER shall pay all governmental charges and inspection
necessary for the prosecution of the construction, which are applicable on the last day for
receipt of proposals. DESIGNBUILDER shall pay all charges of utility owners for
connections to the Work, and CITY shall pay all charges of such utility owners for capital
costs related thereto.
ARTICLE 18
LAWS AND REGULATIONS
18.01 DESIGN/BUILDER shall give all notices and comply with all laws and
regulations of the place of the Project which are applicable to furnishing and performance of
the Work. Except where otherwise expressly required by applicable laws and regulations,
CITY shall not be responsible for monitoring DE.SIGN/BUILDER's compliance with any laws
or regulations.
18.02 If DESIGN/BUILDER performs any work knowing or having reason to know
that it is contrary to laws or regulations, DESIGNBUILDER shall bear all costs arising
therefrom.
18.03 Changes in laws and regulations not known or foreseeable on the date of receipt
of proposals having an effect on the cost or time of performance may be the subject of a claim
as provided for herein.
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ARTICLE 19
TAXES
19.01 DESIGN/BUILDER shall pay all sales, consumer, use, gross receipts and other
similar taxes required to be paid by DESIGNIBUILDER in accordance with the laws and
regulations of the place of the Project which are applicable during the performance of the
Work.
ARTICLE 20
USE OF SITE. AN"D OTIIER AREAS
20.01 DESIGN/BUILDER shall confine construction equipment, the storage of
materials and equipment and the operations of construction workers to those lands and areas
permitted by the CITY and other land and areas permitted by laws and regulations, rights -of -
way, permits and easements, and shall not unreasonably encumber the premises with
construction equipment or other materials or equipment. DESIGNBUILDER shall assume
full responsibility for any damage to any such land or area, or to the CITY or occupant thereof
or of any adjacent land or areas, resulting from the performance of the Work.
DESIGNIBUILDER shall, to the fullest extent permitted by laws and regulations, indemnify
and hold harmless CITY, CITY's consultants and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and damages (including, but not limited
to, fees of engineers, architects, attorneys and other professionals and court and arbitration or
other dispute resolution costs) arising out of or resulting from any claim or action, legal or
equitable, brought by any such CITY or occupant against CITY, or any other party
indemnified hereunder to the extent caused by or based upon DESIGNBUILDER's
performance of the construction.
20.02 During the performance of the co.-istruction,.DESIGN/BUILDER shall keep the
premises free from accumulations of waste materials, rubbish and other debris resulting from
the construction. At the completion of the construction DESIGNIBUILDER shall remove all
waste materials, rubbish and debris from and about the premises as well as all tools,
appliances, construction equipment, temporary construction and machinery and surplus
materials. DESIGNIBUILDER shall leave the Site clean and ready for occupancy by CITY at
substantial completion. DESIGNIBUILDER shall restore to original condition all property not
designated for alteration by the Contract Documents.
20.03 DESIGNIBUILDER shall not load nor permit any part of any structure to be
loaded in any manner that will endanger or damage the structure, nor shall
DESIGNIBUILDER subject any part of the Work or adjacent property to stresses or pressures
that will endanger or damage it.
ARTICLE 21
SAFETY AND PROTECTION
21.01 DESIGN/BUILDER shall be solely responsible for initiating, maintaining and
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supervising all safety precautions and programs in connection with the construction.
DESIGNBUILDER shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
A. All persons on the Site or who may be affected by the construction;
B. All work and materials and equipment to be incorporated therein, whether in
storage on or off the Site; and
C. Other property at the Site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures, utilities and underground facilities not
designated for removal, relocation or replacement in the course of construction.
21.02 DESIGNBUILDER shall comply with applicable laws and regulations of any
public body having jurisdiction for safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety
and protection. DESIGN/BUILDER shall notify owners of adjacent property and of
underground facilities and utility owners when prosecution of the Work may affect them, and
shall cooperate with them in the protection, removal, relocation and replacement of their
property. All damage, injury or loss to any property caused, directly or indirectly, in whole or
in part, by DESIGNBUILDER, any subcontractor, supplier or any other individual or entity
directly or indirectly employed by any of them to perform or furnish any of the work or
anyone for whose acts any of them may be liable, shall be remedied by DESIGN/BUILDER.
DESIGNBUILDER's duties and responsibilities for safety and for protection of the
construction shall continue until such time as all the work in completed and CITY has issued a
notice to DESIGNBUILDER in accordance with Section 12.09 that the work is acceptable
(except as otherwise expressly provided in connection with Substantial Completion).
21.03 Safety_Representative. DESIGNBUILDER shall designate a qualified and
experienced safety representative at the Site whose duties and responsibilities shall be the
prevention of accidents and the maintaining and supervising of safety precautions and
programs.
ARTICLE 22
HAZARD COMMUNICATION PROGRAMS
22.01 DESIGNBUILDER shall be responsible for coordinating any exchange of
material safety data sheets or other hazard communication information required to be made
available to or exchanged between or among employers at the Site in accordance with laws or
regulations.
ARTICLE 23
EMERGENCIES
23.01 in emergencies affecting the safety or protection of persons or the construction
or property at the Site or adjacent thereto, DESIGN/BUILDER, without special instruction or
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authorization from CITY, is obligated to act to prevent threatened damage, injury or loss.
DESIGNBUILDER shall give CITY prompt written notice if DESIGN/BUILDER believes
that any significant changes in the construction or variations from the Contract Documents
have been caused thereby. If a change in the Contract Documents is required because of the
action taken by DESIGN/BUILDER in response to such an emergency a work change directive
or change order will be issued to document the consequences of such action.
ARTICLE 24
SUBMITTAM
24.01 CITY will review and approve submittals in accordance with the schedule of
required submittals accepted by CITY as required by the Contract Documents. CITY's review
and approval will be only to determine if the items covered by the submittals will, after
installation or incorporation in the construction, conform to the information given in the
Contract Documents and be compatible with the design concept of the completed project as a
functioning whole as indicated by the Contract Documents. CITY's review and approval will
not extend to means, methods, techniques, sequences or procedures of construction (except
where a particular means, method, technique, sequence or procedure of construction is
specifically and expressly called for by the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item, as such, will not
indicate approval of the assembly in which the item functions. DESIGNBUILDER shall make
corrections required by CITY, and shall return the required number of corrected copies of the
required submittal for review and approval. DESIGN/BUILDER shall direct specific attention
in writing to revisions other than the corrections called for by CITY on previous submittals.
24.02 CITY's review and approval of required submittals shall not relieve
DESIGNBUILDER from responsibility for any variation from the requirements of the
Contract Documents unless DESIGN/BUILDER has in writing called CITY's attention to each
such variation oat the time of submission and CITY has given written approval of each such
variation by specific written notation thereof incorporated in or accompanying the submittal.
24.03 Where a submittal is required by the Contract Documents of related construction
provided prior to CITY's review and approval of the pertinent submittal will be at the sole
expense and responsibility of DESIGN/BUILDER.
ARTICLE 25
CO\"rINUING THE WORK
25.01 DESIGN/BUILDER shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with CITY. No Work shall be delayed or postponed
pending resolution of any disputes or disagreements, except as DESIGN/BUILDER and CITY
may otherwise agree in writing.
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ARTICLE 26
DESIGNMUII.DER'S GENERAL WARRANTY AND GUARANTEE.
26.01 DESIGNBUILDER hereby unconditionally guarantees the CITY that the Work
(including all services, labor and materials provided by Subcontractors, sub -subcontractors of
any tier, Vendors and Material Suppliers) shall strictly comply with the provisions of the
Contract Documents, including all Drawings and Specifications, and that the Work shall be
first-class in every particular and free from defects in construction and workmanship. The
DESIGNBUILDER further guarantees that all materials, equipment and supplies furnished by
the DESIGN/BUILDER or by its Subcontractors, sub -subcontractor of any tier Vendors or
Material Suppliers for the Work shall be new, merchantable, of the most suitable grand and fit
for their intended purposes. Work not conforming to these requirements, including
substitutions no properly approved and authorized, shall be considered defective. Approval of
any material or Work at any time or stage of construction will not prevent its subsequent
rejection for cause. The DESIGNBUILDER shall jointly assign all its rights and interests in
warranties of Vendors and Material Suppliers to the CITY and Owner upon Substantial
Completion in a fashion that meets the specifications of this Section.
26.02 DESIGNBUILDER's obligation to perform and complete the Work in
accordance with the Contract Documents shall be absolute. None of the following will
constitute an acceptance of work that is not in accordance with the Contract Documents or a
release of DESIGN/fBUILDER's obligation to perform the Work in accordance with the
Contract Documents:
A. Observations by CITY;
B. The making of any progress or final payment;
C. The issuance of a certificate of substantial compliance;
D. Use or occupancy of the work or any part thereof by CITY;
E. Any acceptance by CITY or any failure to do so;
F. Any review and approval of a submittal;
G. Any inspection, test or approval by others; or
11. Any correction of defective construction by CITY.
The DESIGNBUILDER guarantees set forth in this Article shall extent for a period of
twelve (12) months after the Date of Final Completion, The DESIGN/I3UILDER's warranty
obligation as stated herein shall survive termination of the Contract. The CITY shall provide all
notices of defects in writing promptly after discovery of defective conditions. The establishment
of the time period of twelve (12) months after the Date of Final Completion or such longer
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period of time as may be prescribed by law or by the terms of any longer warranty required by
the Contract Documents relates only to the specific obligation of the DESIGNIBUILDER to
correct the work. Nothing contained in this Article shall be construed to establish a period of
limitation with respect to any other liabilities which the DESIGNBUILDER remains subject to
under the Contract Documents. Vendor and Material Supplier warranties are to have durations as
set forth in the Specifications, but in no event less than the period specified under this Section.
26.03 Without limitation of any other rights or remedies of the CITY, if any defect in
the Work in violation of the guarantees set forth above arises within twelve (12) months after
the Date of Final Completion, the DESIGN/BUILDER and its sureties shall upon receive of
written notice of such defect and demand to correct any such defective Work rejected by the
CITY or the Architect as failing to conform to the Contract Documents, at no cost to the
CITY, shall within three (3) days of receipt of notice of said defective work (unless others
agree to in writing by the CITY), furnish and provide all design and engineering, labor,
equipment, materials and other services at the site necessary to correct such defect and cause
the Work to comply fully with the foregoing guarantees. The DESIGN/BUILDER is obligated
to correct all such defects, whether these defects are discovered before or after the Date of
Final Completion, and whether or not the defective Work has been fabricated, installed or
completed. Access to building's interior for corrective work shall be closely coordinated with
the CITY so as not to conflict with scheduled events taking place within. The
DESIGNBUILDER shall obtain approved "Dark Days" from CITY prior to commencing
corrective measures of defective work. The DESIGNIBUILDER shall bear all costs of
correcting such rejected and defective Work, including access to the Work and removal and
replacement of non -defective Work which is needed in order to correct defective Work, and
also including compensation for the Architect's or Owner's Representative additional services
made necessary thereby.
26.04 In the event the DESIGNIBUILDER has been notified of any defect in the Work
in violation of the DESIGNIBUILDER's foregoing guarantees, and in the event the
DESIGN/BUILDER fails to promptly and adequately correct such defect, the CITY shall have
the right to correct or to have such defects corrected or the account of the
DESIGNBUILDER, and the DESIGNBUILDER shall promptly pay the CITY its costs
incurred in correcting such defect.
26.05 The DESIGNIBUILDER warrants that title to all Work, materials and
equipment covered by an Application for Payment will pass to the Owner, either by
incorporation in the Work or upon the receipt of payment of such work by the
DESIGNIBUILDER, whichever occurs first, free and clear of all stop notices, claims, security
interests or encumbrances. The DESIGNIBUILDER further warrants that no Work, materials,
or equipment covered by an Application for Payment, whether acquired by the
DESIGNBUILDER, or by any other person performing Work at the site or furnishing
materials and equipment for the Project, be subject to any stop notice or encumbrances
thereon. The DESIGNBUILDER and its surety hereby agree to indemnify and hold all
indemnitees as defined in the Agreement harmless from and against any and all costs, expenses
including attorneys fees, damages, claims or liabilities in any way arising out of stop notices
25
jmp Vg:agrce.'amc1coM15.'98
relating to materials, equipment or services provided the DESIGNBUILDER, Subcontractors,
sub -subcontractors and their respective Material Suppliers, Vendors, employees, agents or
representatives. It is expressly understood that the DESIGNBUILDER's obligations in this
respect begin immediately at the outset of any filing, claim by correspondence or court
proceeding and without regard to a showing of DESIGNBUILDER's fault.
26.06 The DESIGNBUILDER shall bear all costs incurred by the CITY or its
separate contractors resulting from the DESIGN"/BUILDER's correction or removal of Work
which does not conform with the requirements of the Contract Documents. However, the
foregoing shall not contravene potential recovery of such costs under insurance coverage
afforded for any such loss or damage under the Insurance terms of Article 15.
26.07 The DESIGN/BUILDER'S warranty excludes damages or defects solely caused
by modifications not executed by the DESIGN/BUILDER, improper or insufficient
maintenance, improper operation by the CITY, or normal wear and tear under normal usage.
26.08 If the CITY prefers to accept defective or non -conforming Work, the CITY may
do so at it sole discretion instead of requiring removal and correction by the
DESIGN/BUILDER. In any such cases, a Change Order will be issued to reflect a reduction
in the Contract Price where appropriate and equitable. In the event that the final payment has
been made or insufficient funds remain to permit offset by the CITY, the DESIGNBUILDER
shall make prompt payment to the CITY of the amounts so determined.
26.09 The DESIGNBUILDER's guarantees, as set forth in this Article 26 (hereinafter
"Article 26 Warranties"), are freely assignable to Assignees by the CITY. The
DESIGNBUILDER hereby agrees to honor the Article 26 Warranties to such Assignees.
Upon assignment of the CITY's Warranty Rights, the Assignee shall promptly notify the
DESIGN/BUILDER, in writing, of all discovered defects or defective conditions. In no event
will the CITY's assignment of its Warranty Rights alter either the scope of Warranty Period of
DESIGNBUILDER's Article 26 Warranties.
ARTICLE 27
PREVAILING WAGE
27.01 DESIGN/BUILDER shall pay at least the minimum prevailing per diem wages
as provided in Section 1773, et seq. of the Labor Code for each craft, classification or type of
workman required as set forth by the Director of Industrial Relations of the State of California.
ARTICLE 28
CIIANGFS IN THE WORK AND CLAIMS
28.0I In the event CITY requires additional services not included in the Contract
Documents, or changes in the scope of services described in the Contract Documents,
DESIGNBUILDER will undertake such work after receiving written authorization from
CITY. Additional compensation for such extra work shall be allowed only if the prior written
approval of CITY is obtained.
26
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28.02 DESIGNBUILDER shall adhere strictly to the plans and specifications set forth
in the Contract Documents unless a change therefrom is authorized in writing by the CITY.
DESIGNBUILDER agrees to make any and all changes, furnish materials and perform all
work necessary within the scope of the PROJECT as the CITY may require in writing. Under
no condition shall DESIGN/BUILDER make any changes without the written order of the
CITY, and CITY shall not pay any extra charges made by DESIGN/BUILDER that have not
been agreed upon in writing by the CITY.
28.03 When directed to change the work, DESIGN/BUILDER shall submit
immediately to the CITY a written Cost Proposal reflecting the effect of the change. Should
the CITY not agree to such cost proposal, the Work shall be performed according to the
changes ordered in writing by the CITY and the proper cost thereof shall be negotiated by the
Parties upon cost and pricing data submitted by the DESIGN/BUILDER; thereupon, CITY will
promptly issue an adjusted change order to DESIGN/BUILDER and the Contract Price and/or
Contract Time will be adjusted upward or downward accordingly.
28.04 Claims. The DESIGN/BUILDER may submit one or more claims in the form
of Cost Proposals for any requested adjustment in the Contract Price or Contract Time
pursuant to the provisions of this Agreement. In such case, the DESIGN/BUILDER shall give
the CITY written notice within seven (7) calendar days after it becomes aware of the event
giving rise to the Change Proposal. Thereafter the CITY shall have a reasonable amount of
time after receipt of the claim to either confirm or refute the basis for the Cost Proposal.
Failure to give the notice required by this section shall be deemed a waiver of the claim.
ARTICLE 29
TESTS AND INSPECTIONS CORRECTION, REMOVAL
OR ACCEPTANCE OF DEFF,CTIVF, CONSTRUCTION
29.01 Notice of Defects. Prompt written notice of all defective construction of which
CITY has actual Knowledge will be given to DESIGNIBUILDER by CITY. All defective
construction may be rejected, corrected or accepted as provided in this Article.
29.02 Access To Constnrction. CITY, CITY's consultants, other representatives and
personnel of CITY, independent testing laboratories and governmental agencies with
jurisdictional interests will have access to the construction at the site at reasonable times for
their observation, inspection and testing. DESIGN/BUILDER shall provide them proper and
safe conditions for such access and advise them of DESIGNBUILDER's site safety procedures
and programs so that they may comply therewith as applicable.
29.03 Tests And TnsKetions.
A. If the Contract Documents, laws or regulations of any public body having
jurisdiction require any part of the construction specifically to be inspected,
tested or approved, DESIGN/BUILDER shall assume full responsibility for
27
jmp-klg:agce amclwl7f 1 V98
arranging and obtaining such inspections, tests or approvals, pay all costs in
connection therewith and furnish CITY the required certificates of inspection or
approvals. DESIGN/BUILDER shall also be responsible for arranging and
obtaining and shall pay all costs in connection with any inspections, tests or
approval required for CITY's acceptance of materials or equipment to be
incorporated in the construction or of materials, mix designs, or equipment
submitted for approval prior to DESIGN/BUILDER'S purchase thereof for
incorporation in the construction.
B. DESIGNBUILDER shall give CITY reasonable notice of the planned schedule
for all required inspections, tests or approvals.
C. If any construction (or the construction work of others) that is required to be
inspected, tested or approved is covered by DESIGNBUILDER without written
concurrence of CITY, the Work must, if requested by CITY, be uncovered for
observation at DESIGNBUILDER's expense unless DESIGN/BUILDER has
given CITY timely notice of DESIGNBUILDER's intention to cover the same
and CITY has not acted with reasonable promptness in response to such notice.
29.04 Uncovering Construction.
A. If any construction is covered contrary to the written request of CITY or
without inspection, it must, if requested by CITY, be uncovered for CITY's
observation and recovered at DESIGNBUILDER's expense.
B. If CITY considers it necessary or advisable that covered construction be
observed by CITY or inspected or tested by others, DESIGN/BUILDER, at
CITY's request, shall uncover, expose or otherwise made available for
observation, inspection or testing as CITY may require, that portion of the
construction in question, furnishing all necessary labor, material and equipment.
If it is found that such construction is defective, DESIGNBUILDER shall pay
all costs and damages caused by or resulting from such uncovering, exposure,
observation, inspection and testing and of satisfactory replacement or rework,
(including but not limited to all fees and charges of engineers, architects,
attorneys and other professional, all court or arbitration or other dispute
resolution costs, and all costs of repair or replacement of work of others); and
CITY shall be entitled to an appropriate decrease in the Contract Price, and, if
the parties are unable to agree as to the amount thereof, may make a claim
therefor as proved herein. If, however, such construction is not found to be
defective, DESIGN/BUILDER shall be allowed an increase in the Contract
Price or an extension of the Contract Time (or milestones), directly attributable
to such uncovering, exposure, observation, inspection, testing, replacement and
rework; and, if the Parties are unable to agree as to the amount or extent
thereof, DESIGNBUILDER may make a claim therefor as provided herein. '
28
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29.05 City_ itiay_ Stop _the _Constriction. If the construction is defective, or
DESIGNBUILDER fails to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the construction in such a way that the completed
construction will conform to the Contract Documents, CITY may order DESIGN/BUILDER to
stop construction or any portion thereof, until the cause for such order has been eliminated;
however, this right of CITY to stop construction will not give rise to any duty on the part of
CITY to exercise this right for the benefit of DESIGNBUILDER or any other party.
29.06 Correction Or_Removal_Of Defective Construction. CITY will have authority
to disapprove or reject defective construction and will have authority to require special
inspection or testing of the construction whether or not the construction is fabricated, installed
or completed. If required by CITY, DESIGNBUILDER shall promptly, as directed, either
correct all defective construction whether or not fabricated, installed or completed, or, if the
construction has been rejected by CITY, remove it from the site and replace it with
nondefective construction. DESIGN/BUILDER shall bear all direct, indirect and
consequential costs of such correction or removal (including but not limited to fees and charges
of engineers, architects, attorneys and other professionals) made necessary thereby.
29.07 Correction Period.
A. If within one year after the date of Substantial Completion or such longer period
of time as may be prescribed by laws or regulations or by the terms of any
applicable special guarantee required by the Contract Documents or by any
specific provisions of the Contract Documents, any construction is found to be
defective, DESIGN/BUILDER shall promptly, without cost to CITY and in
accordance with CITY's written instructions, (i) correct such defective
construction, or if it has been rejected by CITY, remove it from the site and
replace it with construction that is not defective, and (ii) satisfactorily correct or
remove and replace any damage to other construction or the work of other
resulting therefrom. If DESIGNBUILDER does not promptly comply with the
terms of such instruction, or in an emergency where delay would cause serious
risk of loss or damage, CITY may have the defective construction corrected or
the rejected construction removed and replaced, and all costs and damages
caused by or resulting from such removal and replacement (including but not
limited to all fees and charges of engineers, architects, attorneys and other
professionals, all court or arbitration or other dispute resolution costs, and all
costs of repair or replacement of work of others), will be paid by
DESIGNBUILDER.
B. In special circumstances where a particular item of equipment is placed in
continuous service before Substantial Completion of all the construction, the
correction period for that time may start to run from an earlier date if so
provided in the specifications or by written amendment.
C. Where defective work (and damage to other construction resulting therefrom)
29
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has been corrected, removed or replaced under this Section, the correction
period hereunder with respect to such construction will be extended for an
additional period of one year after such correction or removal and replacement
has been satisfactorily completed.
29.08 Acceptance of Defective Construction. If, instead of requiring correction or
removal and replacement of defective construction, CITY prefers to accept it, CITY may do
SO. DESIGNBUILDER shall pay all costs attributable to CITY's evaluation of and
determination to accept such defective construction (such costs to include but not be limited to
all fees and charges of engineers, architects, attorneys and outer professionals and all court or
arbitration or other dispute resolution costs). If any such acceptance occurs prior to final
payment, a change order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the construction; and CITY shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof,
CITY may make a claim therefor as provided herein. If the acceptance occurs after final
payment, an appropriate amount will be paid by DESIGN/BUILDER to CITY.
29.09 City May -Correct Defective Constr Action. If DESIGNBUILDER fails within
a reasonable time after written notice from CITY to correct defective construction or to remove
and replace rejected construction as required by CITY or if DESIGNBUILDER fails to
perform the construction in accordance with the Contract Documents, or if
DESIGNBUILDER fails to comply with any other provision of the Contract Documents,
CITY may, after seven days written notice to DESIGN/BUILDER, correct and remedy any
such deficiency. In exercising the rights and remedies under this Section CITY shall proceed
expeditiously. In connection with such corrective and remedial action, CITY may exclude
DESIGN/BUILDER from all or part of the site, take possession of all or part of the
construction, and suspend DESIGNBUILDER's services related thereto, take possession of
DESIGNBUILDER's tools, appliances, construction equipment and machinery at the site and
incorporate in the construction all materials and equipment it stored at the site or for which
CITY has paid DESIGNBUILDER but which are stored elsewhere. DESIGN/BUILDER
shall allow CITY, CITY's representative, agents and employees, CITY's other contractors
and consultants access to the site to enable CITY to exercise the rights and remedies under this
Section. All costs and damages incurred or sustained by CITY in exercising such rights and
remedies shall be charged against DESIGNBUILDER and a change order will be issued
incorporating the necessary revisions in the Contract Documents and CITY shall be entitled to
an appropriate decrease in the contract price, and, if the parties are unable to agree as to the
amount thereof, CITY may make a claim therefor as provided herein. Such costs and damages
will include but not be limited to all fees and charges of engineers, architects, attorneys and
other professionals, all court or arbitration or other dispute resolution costs and al costs of
repair or replacement of work of others destroyed or damaged by correct, removal or
replacement of DESIGN/BUILDER's defective construction. DESIGN/BUILDER shall not be
allowed an extension of the contract times (or milestones) because of any delay in the
performance of the construction attributable to the exercise by CITY of CITY's rights and
remedies hereunder.
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29.10 Final Inspection. Upon written notice from DESIGN/BUILDER that the entire
construction or an agreed portion thereof is complete, CITY will make a final inspection with
DESIGNBUILDER and will notify DESIGNBUILDER in writing of all particulars in which
this inspection reveals that the construction is incomplete or defective. DESIGNBUILDER
shall immediately take such measures as are necessary to complete such construction or remedy
such deficiencies.
ARTICLE 30
INDEPENDENT DES ]IGNIBUILDF,R
30.01 DESIGN/BUILDER is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor. DESIGN/BUILDER shall secure at its expense,
and be responsible for any and all payment of all taxes, social security, state disability
insurance compensation, unemployment compensation and other payroll deductions for
DESIGNBUILDER and its officers, agents and employees and all business licenses, if any, in
connection with the services to be performed hereunder.
ARTICLE 31
HMNITNATION OF AGREEMENT
31.01 All Work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate DESIGNBUILDER's services hereunder at any time, with or
without cause, and whether or not the Project is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
DESIGNBUILDER as provided herein.
31.02 In the event of termination for convenience, the DESIGNIBUILDER will be
compensated for the reasonable value of the Work performed prior to the termination. In the
event the DESIGNIBUILDER defaults or persistently fails or neglects to carry out the Work in
accordance with the Contract Documents, CITY may give written notice that CITY intends to
terminate the performance of the Work. If the DESIGN/BUILDER fails to correct the failure
of performance within seven (7) calendar days after being given notice, the Owner may,
without prejudice to any other remedy, correct such deficiencies and may deduct the cost
thereof from any payment due the DESIGNBUILDER or, at the Owner's option, may
terminate the employment of the DESIGN/BUILDER and take position of the site and of all
materials located on the site as well as all drawings, plans and specifications and finish the
Work by whatever means the CITY may deem expedient. When the Owner terminates the
DESIGNBUILDER for default as provided for herein, the DESIGNBUILDER shall not be
entitled to receive further payment until the Work is finished. If the expense of finishing the
Work exceeds the unpaid balance of the Contract Price, the DESIGNIBUILDER and its surety
shall pay the difference to the CITY.
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ARTICLE 32.
DISPUTE RESOLUTION
32.01 Any dispute which cannot be resolved between the Parties shall be resolved
through litigation in a court of competent jurisdiction (i.e., Superior or Municipal) of the State
of California. Venue for any such litigation concerning this Agreement shall be the County of
Orange. The Parties hereby consent to the jurisdiction of such court and expressly waive all
rights they may have to a change of venue including, but not limited to, the provisions of
California Code of Civil Procedure Section 394. DESIGN/BUILDER agrees to incorporate
the provisions of this Article into all subagreements and subcontracts and to obtain express
waives from all subcontractors and subconsultants of rights concerning change of venue.
ARTICLE 33
ASSIGN -MEIN? AND SUBCONTRACTING
33.01 DESIGN/BUILDER shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
ARTICLE 34
COPYRIGHTS/PATENTS
34.01 CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
ARTICLE 35
CITY ENIPLOYEES AND OFFICIALS
35.01 DESIGN/BUILDER shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of CITY
shall have any financial interest in this Agreement in violation of applicable provisions of law.
ARTICLE 36
NOTICES
36.01 Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to DESIGN/BUILDER's agent (as
designated in Section 1 hereinabove) or to CITY's Director of Public Works as the situation
shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing
the same in the United States Postal Service, addressed as follows:
32
jm1%Vg'ag ee!a=ko17/15,98
TO CITY:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
TO DESIGN/BUILDER:
Sean Hitchock, Project Manager
Amelco, Inc.
19208 South Vermont Avenue
Gardena, CA 90248-4414
ARTICLE 37
CAPTIQN'S
37.01 Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or
aid in the interpretation, construction or meaning of the provisions of this Agreement.
ARTICLE 38
IMMIGRATION
38.01 DESIGN/BUILDER shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply with
the provisions of the United States Code regarding employment verification.
ARTICLE 39
LEGAL SERVICES SUBCONTRACTING PROHIBITED
39.01 DESIGN/BUILDER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. DESIGN/BUILDER understands that pursuant
to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
DESIGN/BUILDER.
ARTICLE 40
ATTORNEI"S FEES
40.01 In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
ARTICLE 41
EVERABILITY
41.01 In the event any provision of this Agreement and/or the Contract Documents
shall be deemed illegal, invalid, unenforceable and/or void by a court of competent jurisdiction
33
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for any other governmental agency of competent jurisdiction, such provision shall be deemed
to be severed and deleted from the Contract Documents, and all remaining provisions hereof
shall, in other respects, continue in full force and effect.
ARTICLE 42
PROVISION REQUIRED BY LAW DEEMED INSERTED
42.01 Each and every provision and clause required by law to be inserted in the
Contract Documents shall be deemed to be inserted herein and the Contract Documents shall
be read and enforced as though such provision or clause is included herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
DESIGN/BUILDER:
AMELCO, C.
By:
Reuben ughes, ice LPresident
fav
By:
erne Young, Treasut
License Number: 497306
Expiration Date: 8/31/00
REVIEWED AND APPROVED:
Qw✓L
City dministrator
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk oL f
APPROVED AS TO FORM:
Ci Attorney
�D D AND APPROVED:
Director of Public Works
34
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DESIGNIBUILD AGREEMENT
TABLE OF CONTENTS
aQ s
ARTICLE 1 WORK STATEMENT.....................................................................I
ARTICLE 2 CQNTRAO: DOCUMENTS............................................................2
ARTICLE 3 OWNER'S QJITIES AND RESPONSIBILITIES ....................................3
ARTICLE 4 TIME -OF PERFORMANCE.............................................................3
ARTICLE 5 CONTRACT PRICE.......................................................................5
ARTICLE 6 PAYMENT AND COMPLETION......................................................5
ARTICLE 7 PROJECT DOCUMENTS................................................................8
ARTICLE 8 DESIGN/BUILDER REPRESENTATIONS AND RESPONSIBILITIES .......9
ARTICLE 9 DESIGN PHASE SERVICES.......................................................... I
ARTICLE 10 CONSTRUCTION PHASE SERVICES .............................................. 13
ARTICLE I I OPERATIONAL PHASE............................................................... 15
ARTICLE I2 SUBCONTRACTORS' SUPPLIERS AND OTHERS ............................. 15
ARTICLE 13 BONDS..................................................................................... 16
ARTICLE 14 INDENINTFICATION.................................................................... 17
ARTICLE 15 INSURANCE.............................................................................. 17
ARTICLE 16 PATENT FEES AND RQYALTIES.................................................. 19
ARTICLE 17 PERMITS .................................................................................. 20
ARTICLE I8 LAWS AND REGULATIONS......................................................... 20
ARTICLEI9 TAXES..................................................................................... 21
ARTICLE 20 USE OF SITE AND OTHER AREAS ................................................ 21
ARTICLE 21 SAFETY AND PROTECTION........................................................ 21
ARTICLE 22 HAZARD COMMUNICATION PROGRAMS ..................................... 22
ARTICLE 23 EMERGENCIES.......................................................................... 22
ARTICLE 24 SUBMLTTALS............................................................................ 23
ARTICLE 25 CONTINUING THE WORK........................................................... 23
ARTICLE 26 DESTGN/BUILDER'S GENERAL WARRANTY AND GUARANTEE ...... 24
ARTICLE 27 PREVATLNG WAGE..........................................................................................26
ARTICLE 28 CHANGES IN THE WORK AND CLAIMS ........................................ 26
ARTICLE 29 TESTS AND INSPECTIONS CORRECTION. REMOVAL ..................... 27
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION
ARTICLE 30 INDEPENDENT DESTGNBUILDER............................................... 31
ARTICLE 31 TERMINATION OF AGREEMENT ................................................. 31
ARTICLE 32 DISPUTE RESOLUTION............................................................... 32
ARTICLE 33 ASSIGNMENT AND_SUBCONTRACTING....................................... 32
ARTICLE 34 COPYRIGHTS/PATENTS.............................................................. 32
ARTICLE 35 CITY EMPLOYEES AND OFFICIALS ............................................. 32
ARTICLE36 NOTICES.................................................................................. 32
ARTICLE 37 CAPTIONS................................................................................ 33
ARTICLE 38 IMMIGRATION.......................................................................... 33
ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED ...................... 33
ARTICLE 40 ATTORNEY'S FEES.................................................................... 33
ARTICLE 41 SEVERABILITY.......................................................................... 33
ARTICLE 42 PR Vi 1 N RE IRED BY LAW DEEMED INSERTED .................... 34
CITY OF HUNTINGTON BEACH
PUBLIC WORKS ENGINEERING DIVISION
REQUEST FOR PROPOSALS
for
DESIGN / BUILD SERVICES
for
POLICE. DNA LAB EXPANSION
CC 1082
SUBMITTALS: Responses to the Request for Proposal (RFP) are to be submitted to:
Mr. Eric Charlonne
Engineering Division
Department of Public Works
City of Huntington Beach
City Hall
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
No later than 4.00 P. AL on June 18, 1998. Three copies of the Contractor's
Qualifications and Experience Proposal shall be submitted in a sealed envelope and
marked: "Proposal for Design / Build Services, Police DNA Lab Expansion."
Additionally, a fee proposal shall be submitted in a separate, sealed envelope and marked
"Cost Proposal for Design / Build Services, Police DNA Lab Expansion" Proposals
received after the specified time will not be accepted and will be returned unopened.
All questions regarding this request may be addressed to Air. Eric Charlonne at 714-536-
5430.
INDEX
SECTION
EAGE
I.
Introduction
2
II.
Schedule of Events
2
111.
Project Description
2
IV.
Scope of Work
4
V.
Fee Proposal Requirements
5
VI.
Proposal Requirements
6
VII.
General Requirements
7
VIII.
Design/Build Evaluation & Selection Process
8
IX. Attachments
1T
C: vy OF 1IumrItiGTO` BEACII
Police DNA Laboratory Expansion
June 1998
Page 2
i. INTRODUCTION
The City of Huntington Beach, Engineering Division, Department of Public `Yorks,
(hereinafter referred to as `The City'), is requesting proposals from qualified design / build
contractors to provide engineering design and construction services for the Expansion of
the Police Department DNA Lab.
H. SCHEDULE OF EVENTS
June 4, 1998 Issuance of Request for Proposals
June I0, 1998 Site Visit I0 AM @ Police Department
June 18, 1998 Proposals due at City Hall by 4:00 P.M.
July 20, 1998 City Council Approval of Design/Build Contract (estimated date)
July 27, 1998 Issuance of notice -to -proceed (estimated date)
November 1,1998 Project Complete
19 ely3c li IXT44 41'fe1 txlilia r�
The City requires services from qualified design / build contractors who specializes in the
municipal improvements. The proposed DNA laboratory Nvill be isolated, yet adjacent to
the existing crime laboratory within the Police Department. This expansion addresses the
lack a space and isolation for DNA analysis to deal mith contamination issues that cannot
be accomplished «ithin the existing structure. The addition to the crime lab is anticipated
to be 500 square feet. The design includes a vented fume hood assembly, all cabinetry,
separate plumbing for ultra -pure water & electrical fixtures above and under the counters
and sinks.
The selected design / build contractor %ill prepare engineering plans, technical
specifications, proposed construction schedule, and acquisition of agency permits and / or
approvals for the expansion of the Police Department DNA Laboratory. The DNA
Laboratory is located on the ground floor of the Police Building. The proposed expansion
is outlined in Attachment A of this Request for Proposal.
All of the critical laboratory equipment will be purchased and installed by the City (see
Attachement E)
The successful design / build contractor will be responsible for filing and obtaining the
appropriate permits and / or approvals. The City has identified the follmi ing permits the
require the City's approval:
• Planning Division General Application.
• City of Huntington Beach Building Division permits.
CrrY OF HUITINGTON BEACII
Police DNA Laboratory Expansion
June 1998
Page 3
NY. FEE PROPOSAL REQUIREMENTS
I. A work plan together with a breakdown of labor hours by employee billing
classification together with the cost of non -labor and sub -consultant services
shall be included with the fee proposal. The labor breakdown shall be compiled
by project phases and be based on a listing of work tasks that correlates with the
design / build contractor's defined scope of work for the project proposal. This
information «ill be used by the City staff to evaluate the fee proposal and -Mll
be used in negotiating the final fee amounts for the contract agreement.
2. The design / build contractor shall state in the fee proposal the number of hours
allotted in its fee amount for attending meetings with City Staff excluding those
during the acquisition of City permits. Should the amount of hours expended
during these phases exceed the amount included in the fee quote, the design /
build contractor may be authorized to invoice the City for the additional hours
upon first notifying the City that the budget limit for meetings has been
reached. The City shall then determine whether additional hours for meetings
Nrnll be authorized.
3. The design / build contractor's standard billing rates for all classifications of
staff likely to be involved in the project shall be included with the fee proposal
along «ith the mark-up rate for any non -labor expenses and sub -consultants.
4. The design / build contractor shall prepare progress billings reflective of the
project schedule, and in the format acceptable to the City.
vi. PROPOSAL REQUIREMENTS
Although no specific format of the proposal is required by the City, this section is intended
to provide guidelines to the design 1 build contractor regarding features which the City will
look for and expect to be included in the proposal.
1. Content & Format
The City requests that proposals submitted be organized and presented in a neat
and logical format and be relevant to these services. The design / build
contractor's proposals shall be clear, accurate, and comprehensive. Excessive
or irrelevant material will not be favorably received.
CITY OF III WnNGTON BEACH
Police DNA Laboratory Expansion
June 1998
Page 4 .
Proposals shall contain no more than 20 typed pages using a 10 point minimum
font size, including transmittaL'offer letter and resumes of key people, but
excluding Index/Table of Contents, tables, charts, and graphic exhibits. The
purpose of these restrictions is to minimize the costs of proposal preparation
and to ensure that the response to the RFP is fully relevant to the project. The
separately submitted Fee Proposal should contain only enough pages to clearly
respond with the information that is requested in the RFP.
The proposal should include the follo%N ing:
• Transmittal/offer letter.
• Page numbering.
• Index/Table of Contents.
• Team Organization including an organization diagram.
• Approach to the Project.
• Descriptions of similar projects by key staff to be used on this assignment.
• Brief resumes of key staff.
• Project schedule.
2. Scope of Services
A description of the work program that will be undertaken shall be included in
this section. It should explain the technical approach, methodology, and
specific tasks and activities that will be performed to address the specific issues
and work items identified in the RFP. It should also include a discussion of
constraints, problems, and issues that should be anticipated during the contract,
and suggestions for approaches to resolving them.
3. Statement of Qualifications
The information in this section should describe the qualifications of the design
build contractors, key staff and sub -consultants in performing projects within
the past five years that are similar in scope and size to demonstrate competence
to perform these services. The projects listed should be those in which key staff
named for this project were responsible for performing services. Information
shall include:
• Names of key staff that participated on named projects and their specific
responsibilities.
• The client's name, address, contact person, and telephone numbers.
• A brief description of type and extent of services provided.
CITY OF 1IUN7INGTON BEACH
Police DNA Laboratory Expansion
June 1998
Page 5
• Completion dates (estimated, if not yet completed).
Total costs of the projects.
A sample format for staff experience is included as Attachment B for reference.
There should be included in the section brief resumes of key personnel who will
provide these services demonstrating their qualifications and experience.
Resumes should highlight education, experience, licenses, relevant experience,
and specific responsibilities for services described.
1. Project Team
The purpose of this section is to describe the organization of the project team
including sub -consultants and key staff. A project manager and a construction
superintendent shall be named who shall be the prune contact and be
responsible for coordinating all activities with the City. An organization
diagram shall be submitted showing all key team members and illustrating the
relationship between the City, the project manager, key staff, and sub -design /
build contractors. There also should be a brief description of the role and
responsibilities of all key staff and sub -consultants identified in the team
organization.
2. Project Schedule
The project schedule shall be included which identifies in graphical format the
timetable for completion of tasks, activities and phases of the project which
correlate with the scope of work for the project. There should be a brief
discussion of any key assumptions used in preparing the timetable and
identification of critical tasks and/or events that could impact the overall
schedule.
3. Fee Proposal
A Fee Proposal for shall be submitted in a separate, sealed envelope and marked
as "Fee Proposal" along with the name of the project. The information and
detail included in the fee proposal shall conform to the provisions of Section V.,
Fee Proposal Requirements, of this RFP.
A work program together with a breakdown of labor hours by employee billing
classification together with the cost of non -labor and sub -consultant services
shall be included with the fee proposal. The labor breakdown shall be compiled
based on a listing of work tasks that correlates with the design / build
contractor's defined scope of work for the project proposal. This information
1
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CM' OF 11UN" TINGTON BEACH
Police DNA Laboratory Expansion
June 1998
Page 6 .
will be used by the City staff to evaluate the reasonableness of the fee proposal
and may be used in negotiating the final fee amounts for the contract agreement.
The Fee Proposal of the two top ranked design / build contractors will be
opened at the conclusion of the design / build contractor evaluation and
selection process. Fees will not be used to determine the ranking of the design /
build contractors. The Fee Proposals of those design / build contractors not
ranked in the top two will be returned to them unopened upon award of a
contract to the selected design / build contractor.
The city will negotiate the final fee with the top ranked design / build
contractor.
4. Statement of Offer & Signature
The Proposal and separate Fee Proposal shall each be signed by an individual
authorized to bind the design / build contractor and both shall contain a
statement that the proposals are a firm offer for a 60-day period.
vu. GENERAL REQUIREMENTS
1. Insurance Requirements
The design / build contractor shall furnish with the proposal proof of the
following minimum insurance coverage. These minimum levels of coverage
are required for the duration of the project:
A. General Liahili • Coverage - $1,000,000 per occurrence for bodily injury
and property damage. If Commercial General Liability Insurance or other
form with a general limit is used, either the general aggregate limit shall
apply separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit.
B. Professional Liability Coverage - $1,000,000 per occurrence (note: A
"claims made" policy is acceptable).
C. Worker's Compensation Coverage: State statutory limits.
Deductibles, Self -Insurance Retentions, or Similar Forms of Coverage
Limitations or Modifications must be declared to and approved by the City of
Huntington Beach.
l
CrrY OFIIMTMGTON BEACH
Police DNA Laboratory Expansion
June 1998
Page 7 .
A sample certificate is included as Attachment D.
The design / build contractor is encouraged to contact its insurance
carriers during the proposal stage to ensure that the insurance
requirements can be met if selected for negotiation of a contract
agreement.
2. Standard Form of Agreement
The design / build contractor %vill enter into an agreement with the City based
upon the contents of the RFP and the design / build contractor's proposal. The
City's standard form of agreement is included as Attachment C. The design /
build contractor shall carefully review the agreement, especially in regards
to the indemnity and insurance provisions, and include with the proposal a
description of any exceptions requested to the standard contract. If there
are no exceptions, a statement to that effect shall be included in the
proposal.
3. Disclaimer
This RFP does not commit the City to award a contract, or to pay any costs
incurred in the preparation of the proposal. The City reserves the right to
extend the due date for the proposal, to accept or reject any or all proposals
received as a result of this request, to negotiate with any qualified design / build
contractor, or to cancel this RFP in part or in its entirety. The City may require
the selected design / build contractor to participate in negotiations and to submit
such technical, fee, or other revisions of their proposals as may result from
negotiations.
4. Assigned Representatives
The City will assign a responsible representative to administer the contract, and
to assist the design / build contractor in obtaining information. The design /
build contractor also shall assign a responsible representative (project manager)
and an alternate, who shall be identified in the proposal. The design / build
contractor's representative ,Nill remain in responsible charge of the design /
build contractor's duties from the notice -to -proceed through project completion.
If the design / build contractor's primary representative should be unable to
continue with the project, then the alternate representative identified in the
proposal shall become the project manager. Any substitution of personnel or
sub -consultant identified in the proposal must be approved in writing by the
City's representative. The City reserves the right to review and
CrI'Y OF 1IM-rINGTON BEACH
Police DNA Laboratory Expansion
June 1998
Page 8 .
approveldisapprove all key staff and sub -consultant substitution or removal, and
may consider such changes not approved to.be a breach of contract.
Yin. DESIGN / BUILD CONTRACTOR EVALUATION & SELECTION PROCESS
The City's design / build contractor evaluation and selection process is based on
Qualifications Based Selection (QBS) for professional services. The following criteria will
be used in evaluating the proposals using a point value system (100 points) based on the
weighting indicated below.
1. Grasp of the project requirements including identification of critical elements
and key issues. (10 points)
2. Technical approach and work plan for the project, including innovative
approaches. (25 points)
3. Qualifications and experience of the project manager, construction
superintendent, other key individuals, and sub -consultants. (30 points)
4. Results of reference checks. (15 points)
5. Clarity of proposal. (10 points)
6. Compliance with proposal requirements including the 20 page limitation. (10
points)
The City may elect to interview the top two qualified design / build contractors or to
interview only the top rated firm based on the proposals submitted for the project.
The City staff «ill negotiate a contract with the best -qualified design / build contractors for
the desired consulting services at compensation which the City staff determines is fair and
reasonable to the City. Should the City staff be unable to negotiate a satisfactory contract
with the firm considered to be the most qualified, negotiations «nth that firm shall be
formally terminated. Negotiations N%ill then be undertaken with the next most qualified
firm.
ATTACHMENTS
Attachment A --Site Location Map
Attachment B--Sample Staff Related Experience
Attachment C--Sample City Design / Build Agreement
Attachment D--Sample Insurance Acord
Attachment E--City Furnished Equipment
ATTACHMENT "A"
CITY HALL SITE PLAN
CITY OF HUNTINGTON BEACH
YORKTOWN
NORTH PARKING
cJb c�t�dLa 4LF
3.
EAST
PARKING
W
W
cc
UTICA
ST
AVE
n �n r-i n r-i n i
1 ADMINISTRATION TOWER
2 POLICE
3 WATER/PERSONNEL/PUBLIC WORKS
4 COUNCIL CHAMBERS
5 LOWER LEVEL CONFERANCE ROOMS
A N
EXISTING BUIlDIN6
I1,111I V"O \ \ \A11111\,1`
,c.stiN� w�ayowx
pc.K RoaM
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ATTACHMENT "B"
1
SAMPLE...
'
RELATED EXPERIENCE
OF KEY STAFF
Cllenf
Prolecf Description
Kev Sfaff
(including name of
(including general
)including names and
contact person and
description of project,
the role e.g. project
telephone no.
scope of services
manager, project
provided, projeci cost
engineer, on that
•
and year project was
project. Include only the
completed or year
staff who are Included in
. estimated to be
your proposal for this
completed of not
project.)
completed yet.)
City of Los Angeles,
Preparation of plans,
.lane Doe, Project mgr.
:
Street Division; Joe Smith
specifications and cost
Howard Jones, Project
213/555-7777x321
estimates for Wilshire
.
Engineer.
Avenue widening project
which included street
improvements, storm
drain, street lights, traffic
signals, and utility
�I
relocation's; $1.2 million;
•
]996
Colfrcm, District 7.
Field survey, utility
�YlEiam Job, Project Mgr.
.fames Allen
research, and
while employed by ABC
213/564-7891
, preparation of design
Consultants.
report and final plans,
specifications, and cost
estimates for 1-511-405
Interchange Project
* including bridges, ramps,
storm drain, safety
lighting, retaining walls,
and detour road; $4.5
million; ] 999 (estimated).
fsofe: Projects can be those
that your staff worked on while employed with
another firm.
- U
r
ATTACHMENT "C"
SAN IPLE
DESIGN/BUILD AGREEMENT
THIS DESIGN/BUILD AGREEMENT (the 'Agreement'), made and entered into this
day of 1998, by and between the CITY OF IIUNMNGTON
BEACH, a municipal corporation of the State pf California, hereinafter referred to as "CITY",
and , a corporation, hereinafter referred to as
"DESIGNMUILDER."
Hereinafter, the CITY and the DESIGN/BUILDER may be referred to collectively as the
"Parties".
RECITALS:
WHEREAS, CITY desires to obtain services for the design, engineering and construction
of a police DNA laboratory; and
on
WHEREAS, the CITY issued a Request For Proposals for the Project on
1998 ("RFP"); and
NNIIEREAS, DESIGN/BUILDER submitted a proposal to CITY in response to the RFP
("Proposal"),
WHEREAS, based upon the evaluation criteria and competitive selection procedure set
forth in the RFP, DESIGN/BUILDER has been selected to perform, either directly or pursuant to
Subcontracts, the design, engineering and construction services set forth in this Agreement and
the Contract Documents.
NOW, THEREFORE, it is agreed by CITY and DESIGN/BUILDER as follows:
ARTICLE 1
WORK STATEMENT
1.01 The ''York" is the scope of services to be performed and/or provided by
DESIGN/BUILDER pursuant to and as required by all Contract Documents including, but not
limited to the requirements set forth in RFP and Proposal herein and in accordance with all
applicable -'laws. DESIGN/BUTLDER shall design, engineer, procure, construct, deliver, erect,
commission, start-up, test and complete the Project, consisting of all necessary material, labor,
supervision, machinery, equipment, cranes, facilities, tools, supplies and structures including those
reasonably inferable from the Contract Documents and necessary to produce the stated result
even though no mention thereof is made in the Contract Documents.
1.02 DESIGNBUILDER's responsibilities, as further described in the Contract
Documents include, but are not limited to, the following tasks:
A. Preparation of conceptual plans;
SAMPLE
lmp/Vg:agree1desisamprM4193
B. Assisting the CITY with the CEQA and Design Review Board requirements;
C. Securing of all permits and approvals from governing agencies including the City of
Huntington Beach Community Development Department and the California Coastal
Commission;
D. Preparation of Construction Documents;
E. Construction of the Project; and
F. Operational testing.
1.03 DESIGN/BUILDER hereby designates , an individual,
who shall represent DESIGN/BUILDER and be its sole contact and agent in all consultations
with CITY during the performance of this Agreement.
ARTICLE 2
CONTRACT DOCUMENTS
2.01 The "Contract Documents" shall consist of the following documents, all of
which are either attached hereto as Exhibits or are incorporated into this Agreement by this
reference, with the same force and effect as if the same were set forth at length herein:
A. This Agreement, assigned by the Parties and effective as of the date first written
above. Addenda and Modifications issued prior to the effective date are hereby
incorporated by reference and made a part hereof as follows:
B. The RFP, attached hereto as Exhibit A;
C. The DESIGN/BUILDER's Proposal, attached hereto as Exhibit B;
D. The Faithful performance bond attached hereto as Exhibit C;
E. The Payment Bond attached hereto as Exhibit D;
F. The Warranty Bond attached hereto as Exhibit E;
G. Construction Documents, upon approval by Owner in accordance with Article 9
herein.
2.03 Should there be any conflict between the terms of this Agreement and the
proposal of DESIGN/BUILDER, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said proposal which is in conflict herewith.
2
implsampWdesigrVFebruary 20.1 M
2.04 This Agreement, together with all other Contract Documents constitutes the
entire Agreement between the Parties hereto and all other representations or statements
heretofore made, verbal or written, are merged herein. This Agreement may be amended only
by written modification executed by duly authorized representatives of the Parties hereto or
according to the Change Order procedure set forth herein.
ARTICLE 3
117NER' PUTIM AND RF,;PONSTBTLITI
3.01 Owner Desi;nation of Authorized_ Representative. The CITY shall
designate, from time to time, one or more representatives authorized to act on the CITY's
behalf with respect to the Project.
3.02 Owner!s Owner!Rieht To Award, ra n . The CITY reserves the right
to perform Work or operations related to the Project, with the Owner's own forces, and to
award separate contracts in connection with the Project.
3.03 Owner's Right To Stop The Work. If the DESIGN/BUILDER fails to correct
defective Work as required herein, or persistently fails to carry out the Work in accordance
with the Contract Documents, the CITY may, in its sole discretion, elect to order the
DESIGN/BUILDER to stop the Work, or any portion thereof until the CITY reasonably
determines that the cause for such order has been eliminated. The CITY's right to stop_ the
Work is in addition to the CITY's right to terminate set forth herein.
3.04 CITY's Right To Carry Out The Work. If the DFSIGN/BUILDER defaults
and neglects to carry out the Work in accordance with the Contract Documents or fails to
perform any of its obligations under the Contract Documents, the CITY may, after forty-eight
(48) hours written notice to the DESIGN/BUILDER, and without prejudice -to any other
remedy the CITY may have, make good such deficiencies. In such case, an appropriate
Change Order shall be issued deducting from the payments then or thereafter due the
DESIGN/BUILDER the cost of correcting such deficiencies. If the payments then or
thereafter due the DESIGNIBUILDER are not sufficient to cover such amount, the
DESIGN/BUILDER shall pay the difference to the CITY within thirty (30) days of written
demand from the CITY.
ARTICLE 4
TME OF PERM R\iA ' F
4.01 Contract Time. Time is of the essence of this Agreement. By executing this
Agreement, DESIGN/BUILDER confirms that the Contract Time is a reasonable period for
performing the Work. DESIGNIBUILDER agrees to commence Work immediately upon
receipt of a written Notice to Proceed issued by the CITY, to continue performance of the
Work in a diligent workmanlike manner, to achieve Substantial Completion of the Work
within calendar days after the date of issuance of the Notice to Proceed and to achieve
3
Implsampleldesisn/February 20.1M
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M
final completion of the Work within the time fixed by the City in its Certificate of Substantial
Completion (the "Contract Time"). The Contract Time may be extended only with the written
permission of the CITY.
4.02 Schedule . The planning, design, construction and completion of the Project
shall be undertaken and completed in accordance with the Project Schedule to be provided to
the CITY within ten (10) days after issuance of the Notice to Proceed. The Project Schedule
shall define major design and construction activities, their sequences and elapsed completion
time from the date of the Notice to Proceed. The Project Schedule shall be updated
throughout the performance of the 'York. The Project Schedule may be amended to benefit
the Project if mutually agreed by the CITY and DESIGN/BUILDER in writing.
4.03 Delays and Esdensions of Time.
A. If the DESIGN/BUILDER is delayed in the progress of the Work by acts or
neglect of the CITY, CITY's employees, separate contractors employed by the
_CITY, changes ordered in the Work not caused by the fault of
DESIGN/BUILDER, fire, unusual delay in transportation, adverse weather
conditions not reasonably anticipated, unavoidable casualties, or other causes
beyond the DESIGN/BUILDER's control, then the Date of Substantial
Completion shall be extended for a period equal to the length of such delay if,
within ten (10) calendar days after the -beginning of any such delay, the
DESIGN/BUILDER delivers to the CITY a request for extension for such delay
and such request is approved by the CITY. CITY's approval of such request
shall not be unreasonably withheld.
B. An extension of time shall be the DESIGN/BUILDER'S sole remedy for any
such delay unless the same shall have been caused by acts constituting
intentional interference by the CITY with the DESIGN/BUILDER'S
performance of the Work where such acts continue after the
DESIGN/BUILDER's written notice to the CITY of such interference. In the
event the DESIGN/BUILDER'S work has been delayed by acts constituting
intentional interference by the CITY, the DESIGN/BUILDER shall be entitled
to reimbursement for its reasonable additional costs resulting from such delays
but not for any additional profit or overhead.
4.04 Liquidated Damages. DESIGN/BUILDER and CITY recognize that time is of
the essence of this Agreement and that CITY will suffer substantial economic damage if the
Work is not completed within the times specified hereinabove, plus any extensions thereof
allowed in accordance with this Agreement. The Parties also recognize the extent of such
damages shall be incapable of accurate measurement. Nonetheless, the Parties acknowledge
that on the date of this Agreement, the amount of liquidated damages set forth below
represents a good faith estimate as to the actual potential damages that the CITY would incur
as a result of late Substantial Completion of the Project. The amount of the liquidated
damages calculated hereunder dues not include any penalty.
4
]mplsampleldesigrffebruary 20.1 M
4.05 Amount of Liquidated Damages. If the DESIGN/BUILDER fails to achieve
Substantial Completion of the Work on or before the date specified hereinabove,
DESIGN/BUILDER and its surety shall pay to the CITY liquidated damages in the amount of
Dollars ($ ) per
day for each day the date of Substantial Cotpletion is delayed beyond the date set forth in this
Agreement. It is further mutually understood and agreed between CITY and
DESIGNIBUILDER that the sums of Iiquidated damages set forth above are additive for each
and every day of delay in the event that Substantial Completion is so exceeded. It is further
understood and agreed upon by and between CITY and DESIGN/BUILDER that liquidated
damages may be assessed against progress payments or retainage and that CITY will issue a
deductive Change Order for the amount specified herein and will reduce the Contract Price
accordingly. In the event the remaining, unpaid Contract Price is insufficient to cover the full
amount of assessed liquidated damages, DESIGN/BUILDER or its surety shall pay the
difference to CITY on demand. This paragraph shall not limit the CITY's ability to seek and
obtain additional legal remedies or damages that result from breaches of the Contract
Documents by the DESIGN/BUILDER, other than those caused by delay in achieving
Substantial Completion.
ARTICLE 5
CONTRACT_PRICE
5.01 In consideration of DESIGN/BUILDER's performance of the Work described
herein, CITY agrees to pay DESIGN/BUILDER the Lump Sum Contract Price of:
Dollars ($ ) in
accordance with the payment procedures set forth in Article 6 herein. Except as otherwise
provided in the Contract Documents, the Contract Price will fully compensate
DESIGNIBUILDER for all Work required by the Contract Documents.
ARTICLE 6
PAYM EhTT AND COMPLETION
6.01 Schedule of Valdes. Before submitting the first Application for Payment, and
within ten (10) calendar days after CITY's issuance of the Notice to Proceed, the
DESIGN/BUILDER shall'submit to the CITY for review a Schedule of Values, setting forth
quantities and prices of items aggregating the Contract Price and will subdivide the Work into
component parts in sufficient detail to serve as the basis for progress payments during
performance of the Work. Such prices will include all overhead and profit applicable to each
item of Work. The Schedule of Values, as agreed to by the CITY, shall be used as a basis for
payment.
6.02 Application Fgr PpymCnj.
A. The DESIGN/BUILDER shall deliver to the CITY on the day of
each month, an Application for Payment covering the Work performed during
)mp/sampleldeslgNFebniary 20.1 M
r
such month. The Application for Payment shall constitute a representation by
the DESIGNIBUILDER to the Owner that, the design and construction have
progressed to the point indicated, the quality of the Work covered by the
Application is in accordance with -the Contract Documents, and the
DESIGN/BUILDER is entitled to payment in the amount requested.
B. In submitting each Application For Payment; DESIGNIBUILDER warrants
that: title to all Work covered by each Application for Payment shall pass to the
CITY no later than the time of payment. The DESIGNIBUILDER further
warrants that all Work covered by the previous Application for Payments is free
and clear of liens, claims, security interest or other encumbrances.
C. Each Application for Payment shall:
1. Reference this Agreement;
2. Describe the services performed;
3. Include an estimate of the percentage of Work completed;
4. Show the total amount of the payment due;
5. Include a certification by a principal member of the
DESIGN/BUILDER'S firm that the Work has been performed in
accordance with the provisions of this Agreement;
6. Include such documentation as may be necessary to substantiate costs
incurred, or estimated to be incurred and percentage of completion of
Work;
7. Include duly completed and executed forms of Conditional Waiver and
Release in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment requested; and
8. Include duly completed and executed forms of Unconditional Waiver and
Release, in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment received by DESIGNIBUILDER for the previous
Application for Payment.
6.03 Payment.
A. Upon submission of any such Application for Payment, if CITY is satisfied that
DESIGN/BUILDER is making satisfactory progress toward completion of Work in
6
1mplsampleldeslgNFebruary 20,1998
accordance with this Agreement, CITY shall promptly approve the Application,. in
which event payment shall be made within thirty (30) days of receipt of the
Application by CITY. Such approval shall not be unreasonably withheld. If the
CITY does not approve an Application for Payment, CITY shall notify
DESIGN/BUILDER in writing of the reasons for non -approval, within seven (7)
calendar days of receipt of the Application.
B. Subject to verification of the value of Work completed, the CITY shall pay the
DESIGNIBUILDER for the percentage of Work completed through the period
covered by the Application for Payment less 10 o retainage.
- C. The DESIGN/BUILDER shall have the option .to substitute securities for monies
withheld from Progress Payments to ensure DESIGNIBUILDER's performance
under the terms of this Agreement.
6.04 Withholding of Payments. The CITY may refuse to make payment, or
because of subsequently discovered evidence or observations, shall nullify the whole or any
part of any payment previously issued, to such extent as may be necessary to protect the CITY
from loss because of:
A. Defective work not remedied;
B. Third parties claims filed are reasonable evidence indicating probable filing of
such claims;
C. Failure of DESIGN/BUILDER to make payments of undisputed amounts to
subcontractors for labor, materials or equipment;
D. Damage to the CITY caused by default or neglect of the DESIGN/BUILDER to
the extent not covered by insurance; or
E. Reasonable evidence that the work cannot be completed within the Contract
Time.
6.05 Substantial Completion. When the DESIGN/BUILDER considers that the
Work is Substantially Complete, the DESIGN/BUILDER shall prepare and submit to the
CITY a request for issuance of a Certificate of Substantial Completion and a comprehensive
list of items to be completed. The DESIGNIBUILDER shall proceed promptly to complete
and correct the items. Failure to include an item on the DESIGN/BUILDER's list does not
alter the responsibility of the DESIGN/BUILDER to complete all Work in accordance with the
Contract Documents. Upon receipt of the DESIGNIBUILDER's request for issuance of a
Certificate of Substantial Completion, the CITY will make an inspection to determine whether
Substantial Completion has occurred. The CITY may either reject the DESIGN/BUILDER's
request for issuance of a Certificate of Substantial Completion or issue a Certificate of
Substantial Completion with the punchlist items of Work to be completed or corrected
7
1mplsampleldesignTebruary 20.1 M
("Punchlist") and fixing the time within which DESIGNIBUILDER shall complete the
Punchlist items and achieve Final Completion.
6.06 Final Completion and rjnal PnMCnt.
A.• When the DESIGN/BUILDER considers that the Work is finally complete, the
DESIGN/BUILDER shall so notify the CITY. The CITY will inspect the Work
and will either reject the request or accept the Work as evidenced by the
recordation of a Notice of Completion.
B. Neither final payment nor any final release of retainage shall become due to
DESIGN/BUILDER until sixty (60) days following CITY's recordation of a
Notice of Completion and the DESIGN/BUILDER submits to the Owner:
1. An affidavit that all payrolls, bills for materials and equipment and other
indebtedness connected with the Work for which the CITY might in any
way be responsible, have been paid or otherwise satisfied;
2. Consent of surety to final payment;
3. Data establishing payment or satisfaction of all obligation such as
receipts, releases and waivers from all persons legally eligible to file
stop notices in connection with the Work;
4. Submittal of Records, Drawings and Documents in reproducible format;
5. Submittal of warranties, operational and maintenance manuals and other
submittals required by the Contract Documents; and
6. Such other documentation as the CITY may reasonably require.
6.07 Waiver of Ciairn . Acceptance of Final Payment by the DESIGN/BUILDER
shall constitute a waiver of affirmative claims by the DESIGNIBUILDER, except those
previously made in writing and identified as unsettled of the time of final payment.
ARTICLE 7
PROTECT DOCUlt1ENTS
7.01 use of b4altrials. DESIGNIBUILDER agrees that all materials prepared
hereunder, including all original drawings, designs, reports, field and office notices,
calculations, maps and other documents, shall be turned over to CITY upon termination of this
Agreement or upon Final Completion of the Project, whichever occurs first. In the event this
Agreement is terminated, said materials may be used by CITY in the completion of PROJECT
or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of
8
jmp/sampleldeslpNFebruary 20.1998
amounts determined by CITY to be earned by DESIGN/BUILDER to the point of termination
or completion of the PROJECT, whichever is applicable. DESIGN/BUILDER shall be
entitled to retain copies of all data prepared hereunder.
7.02 nv f W k -agdliCt. A copy of . every technical memo and report
prepared by DESIGN/BUILDER shall be submitted to the CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such work
product, CITY shall identify specific requirements for satisfactory completion.
7.03 Recorfl Documents. DESIGN/BUILDER shall maintain in a safe place at the
Project Site one record copy of all drawings, specifications, addenda, written amendments,
change orders, field orders and work change directives, in good order and annotated to show
all changes made during construction ("Record Documents"). These Record Documents,
together with all approved submittals, will be available to CITY for reference. Upon
completion of the Work, these Record Documents and submittals, including a reproducible set
of Record Drawings, will be delivered to CITY as a condition precedent to Final Payment.
ARTICLE 8
DESIGN/I3UTLDFR REPRF,SENTATIONS ,AND_RFSrDti'SIBiY,TTIES
8.01 Examination of Local Conditions. The DESIGN/BUILDER represents that it
has taken steps reasonably necessary to ascertain the nature and location of the Work, and that
it has investigated and satisfied itself as to the general and local conditions which may affect
cost, progress, or performance of the Work such as:
A. Conditions bearing on transportation, disposal, handling, storage of materials;
B. The availability of labor, water, power and roads;
C. Normal weather conditions;
D. Observable physical conditions at the site;
E. The surface conditions of the ground; and
F. The character of the equipment and facilities needed prior to and during the
performance of the Work.
8.02 Review of_ContractDocumentssind Field Conditions.
A. DFSIGN/BUILDER has examined and carefully studied the Contract Documents
(including the Addenda) and the other related data identified in the Request for
Proposals. The DESIGN/BUILDER shall perform the Work in accordance with the
Contract Documents and submittals approved in accordance with the procedures set
forth herein.
9
]mplsampWdesignlFebruary 20.1998
B. DESIGN/BUILDER has carefully studied all reports of explorations and tests' of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous
to the Site which have been identified or made available by CITY.
C. The DESIGN/BUILDER shall take field measurement and verify field conditions
and shall carefully compare such field conditions and other information known to
the DESIGN/BUILDER with the Contractor Documents before commencing
activities.
D. DESIGN/BUILDER has correlated the information known to DESIGNIBUILDER,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents and all additional examinations,
investigations, explorations, tests, studies and data with the Contract Documents.
E. DESIGN/BUILDER has given CITY written notice of all conflicts, errors,
ambiguities or discrepancies that DESIGN/BUILDER has discovered in the
Contract Documents and the written resolution thereof by CITY is acceptable to
DESIGN/BUILDER, and the Contract Documents are generally sufficient to
indicate and convey understanding of all terms and conditions for performance and
furnishing of the work.
F. DESIGN/BUILDER is aware of the general nature of work to be performed by CITY
and others at the Site that relates to the Work as indicated in the Contract Documents.
8.03 Legal RequiremenlS. DESIGN/BUILDER is familiar with and is satisfied as
to all federal, state and local Laws and regulations that may affect cost, progress, performance
or furnishing of the Work. The DESIGNIBUILDER shall comply with all applicable laws and
shall give applicable notices pertaining thereto. The DESIGN/BUILDER shall prepare and file
all documents required to obtain the necessary approvals of governmental authorities having
jurisdiction over the Work and/or the Project and shall secure and pay for all permits and
governmental fees, licensees and inspections necessary for the proper execution of the Work
and completion of the Project.
8.04 Before Starting Work.
A. DESIGN/BUILDER shall submit the following for review within ten (10)
calendar days after issuance of the Notice to Proceed.
1. A preliminary Project Schedule indicating the times (numbers of days or
dates) for starting and completing the various stages of the Work including
each Milestone specified in the Contract Documents;
2. A preliminary schedule of required Submittals and the times for submitting,
10
jmplsampleldesign[Febmary 20.1998
0 . • T
r1� r
reviewing and processing each submittal;
3. A preliminary Schedule of Values and Cash Flow Projection; and
4. Certificates of insurance and endorsements (and other evidence of insurance
which either of them or any additional insured may reasonably request).
8.05 Initial onferenee. Within twenty (20) calendar days after the issuance of the
Notice to Proceed, a conference attended by CITY and DESIGN/BUILDER and others as
appropriate will be held to establish a working understanding among the Parties as to the Work
and to discuss the design concepts, schedules, procedures for handling submittals, processing
Applications for Payment, maintaining required records and other Project matters.
8.06 CITY's Acceptance of Preliminnr Submitlals.
A. At least ten (I0) days before submission of the first Application for Payment, a
conference attended by DESIGN/BUILDER, CITY and others as appropriate, will
be held to review for acceptability the required submittals. DESIGN/BUILDER
shall have an additional ten (10) calendar days to make corrections and adjustments
and to complete and resubmit the documents. No progress payment shall be made
to DESIGN/BUILDER until the submittals are acceptable to CITY as provided
below.
B. The Projects Schedule will be acceptable to CITY as providing an orderly
progression of the Work to completion within any specified Milestones and the
Contract Time, but such acceptance will neither impose on CITY responsibility for
the sequencing, scheduling or progress of the Work nor interfere with nor relieve
DESIGN/BUILDER from DESIGN/BUILDER'S full responsibility therefor. The
format and structure of the Project Schedule will be as set forth in' the Contract
Documents and approved by CITY. CITY's acceptance shall not be deemed to
confirm that the schedule is a reasonable plan for performing the Work.
DESIGN/BUILDER's Schedule of Submittals will be acceptable to CITY as
providing a workable arrangement for reviewing and processing the required
Submittals.
C. DESIGN/BUILDER'S Schedule of Values and Cash Flow Projection will be
acceptable to CITY as to form substance.
ARTICLE 9
DESIGN PRASE SERVICES
9.01 Standard of Care. All design services to be performed by DESIGN/BUILDER
and its employees, agents and subcontractors shall be performed in an expeditious and
professional manner using architects, engineers and other professionals properly licensed and
duly qualified in the jurisdiction in which the Project is located. The professional obligations
11
1mpisampleldesigrVFebruary 20.1998
�r
of such persons shall be undertaken and performed in the interest of the DESIGN/BUILDER.
All design services performed pursuant to this Agreement shall be provided with the standard
of judgment, care, knowledge and skill which prevails among design professionals, of
knowledge and skill, engaged in practice within Southern California under the same or similar
circumstances, involving the design and construction of an improvement such as this Project in
compliance with the CITY's requirements and performance criteria. Nothing in this article
shall create a contractual relationship between such persons and the CITY.
9.02 Preliminary -Design .Phase. After the Contract Time commences and within
the times set forth in the Project Schedule accepted by CITY, DESIGN/BUILDER shall:
A. Consult with CITY to understand CITY's requirements for the Project and
review available data;
B. Advise CITY as to the necessity of CITY's providing or obtaining from others
additional reports, data or services and assist CITY in obtaining such reports,
data, or services;
C. Identify and analyze requirements of governmental authorities having
jurisdiction to approve the portions of the Project designed or specified by
DESIGN/BUILDER with whom consultation is to be undertaken in connection
with the Project;
D. Prepare Conceptual Plans which shall illustrate the scale and relationship of
Project components, outline the nature and structural exterior and three
dimensional scale of the Projects and shall fix and describe in detail the
configuration and character of the Project;
E. Upon approval of the Conceptual Plans, prepare Preliminary Design Documents
consisting of final design criteria, preliminary drawings, outline specifications,
written descriptions of the Project and other documents to fix and describe the
size, quality and character of the entire Project; and
F. Furnish the Preliminary Design Documents to and review them with CITY for
approval within the time indicated in the approved Project Schedule.
DESIGN/BUILDER shall not proceed with the Final Design Phase until it
receives written authorization from CITY to do so.
9.03 Finn] Design Phn5e. After written acceptance by CITY of the Preliminary
Design Documents DESIGN/BUILDER shall:
A. On the basis of the accepted Preliminary Design Documents, prepare final
Construction Documents showing the scope, extent, and character of the
construction to be performed and furnished by DESIGN/BUILDER including
technical drawings, schedules, diagrams and specifications {which will be
1mpfsampleldesignMebruary 20,1998
12
prepared, where appropriate, in general conformance with the sixteen division
format of the Constnucdon Specifications Institute) setting forth in sufficient
detail for the purposes of competitive bidding, the requirements for construction
of the .Work which shall provide information customarily necessary for the use
of those in building trades.
B. Provide technical criteria, written descriptions and design data required for
obtaining approvals of such governmental authorities as have jurisdiction to
review or approve the final design of the Project, and assist CITY in
consultations with appropriate authorities.
C. Furnish the above documents, drawings and specifications to and review them
with CITY for approval within the time indicated in the approved Project
Schedule. DESIGNIBUILDER shall not proceed with the Construction Phase
unless and until it receives written authorization from CITY to do so. CITY
reserves the right to require DESIGN/BUILDER to competitively bid the
Construction Phase Services when the Construction Documents are complete
and to terminate this Contract for convenience and award the Construction
Phase Services to the low bidder. If the low bidder is other than
DESIGNIBUILDER, this Contract may be terminated for convenience and
DESIGNIBUILDER will be compensated for the reasonable value of services
performed prior to termination.
ARTICLE 10
CQiNSTRUCTION PITASE-SERVICU
10.01 Kieneral.
A. Construction services shall be performed by DESIGN/BUILDER and/or by
qualified and licensed contractors, subcontractors and suppliers who are selected,
paid and acting in the interest of the DESIGN/BUILDER. DESIGNIBUILDER
shall provide or cause to be provided and shall pay for design services, labor,
materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation and other facilities and services necessary for proper
execution and completion of the Work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
B. The DESIGN/BUILDER shall be responsible for and shall coordinate all
construction means, methods, techniques, sequences and procedures.
C. The DESIGN/BUILDER shall keep the CITY informed of the progress and quality
of the Work.
D. The DESIGN/BUILDER shall keep the premises free from accumulation of waste
materials or rubbish caused by ft DESIGN/BUILDER`s operations. At the
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ImplsampleldeslgrWebruary 20. IM
completion of construction of the Work, the DESIGN/BUILDER shall remove from
and about the Project the DESIGN/BUILDER'S tools, construction equipment,
machinery, surplus materials, waste materials and rubbish.
10.02 Supervision and Superintendent of Construction.
A. DESIGN/BUILDER shall supervise, inspect and direct the construction competently
and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to provide the construction in accordance with the
Contract Documents. DESIGN/BUILDER shall be solely responsible to see that
the completed construction complies accurately with the Contract Documents and
shall keep CITY advised as to the quality and progress of the Work.
B. DESIGN/BUILDER shall keep on the Site at all times during construction a
competent resident superintendent, who shall not be replaced without written notice
to CITY except under extraordinary circumstances. The CITY shall have the right,
at any time, to direct a change in the DESIGN/BUILDER's key personnel if
performance is unsatisfactory, as determined by CITY in its sole discretion. The
superintendent will be DESIGN/BUILDER's representative at the Site and shall
have authority to act on behalf of DESIGN/BUILDER. All communications to the
superintendent shall be as binding as if given to DESIGN/BUILDER.
10.03 Labor, Materials and FAuinment.
A. DESIGNIBUILDER shall provide competent, suitably qualified personnel to
survey and lay out the construction and perform construction as required by the
Contract Documents. DESIGN/BUILDER shall at all times maintain good
discipline and order at the Site. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site or adjacent thereto,
and except as otherwise indicated in the Contract Documents, all construction at
the Site shall be performed during regular working hours, and
DESIGNIBUILDER will not permit overtime work or the performance of
construction of Saturday, Sunday or any legal holiday without CITY's written
consent, which will not be unreasonably withheld.
B. Unless otherwise specified in the Contract Documents, DESIGN/BUILDER
shall furnish or cause to be furnished and assume full responsibility for
materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other facilities and incidentals
necessary for the furnishing, performance, testing, start-up and completion of
the Work. DESIGN/BUILDER, in the presence of CITY's personnel, will
direct the checkout of utilities and operations of systems and equipment.
C. All materials and equipment incorporated into the Work shall be of good quality
14
Y*sampleldesigrVFebruary 20.1 M
and new, except as otherwise provided in the Contract Documents. All
warranties and guarantees specifically called for by the Contract Documents
shall expressly run to the benefit of CITY. If required by CITY,
DESIGN/BUILDER shall furnish satisfactory evidence (including reports of
required tests) as to the kind and quality of materials and equipment. All
materials and equipment shall be, applied, installed, connected, erected, used,
cleaned and conditioned in accordance with instructions of the applicable
Supplier, except as otherwise provided in the Contract Documents.
ARTICLE 11
OPERATIONAL PIIASE
11.01 During the operational phase, DESIGN/BUILDER shall:
A. Provide assistance in connection with the start-up, testing, refining and adjusting
of any equipment or system.
B. Assist CITY in training staff to operate and maintain the Project.
C. Assist CITY in developing systems and procedures for control of the operation
and maintenance of and record keeping for the Project.
ARTICLE 12
SUBCONTRACTORS, SUPPLIERS AND OTHERS
12.01 DESIGN/BUILDER shall not employ any subcontractor, engineer, supplier or
other individual or entity against whom CITY may have reasonable objection.
DESIGN/BUILDER shall not be required to employ any subcontractor, engineer, supplier or
other individual or entity to furnish or perform any of the Work against whom
DESIGN/BUILDER has reasonable objection.
12.02 DESIGN/BUILDER shall be fully responsible to CITY for all acts and
omissions of the subcontractors, engineers, suppliers and other individuals or entities
performing or furnishing any of the Work under a direct or indirect contract with
DESIGN/BUILDER. Nothing in the Contract Documents shall create for the benefit of any
such subcontractor, engineer, supplier or other individual or entity any contractual relationship
between CITY and any such subcontractor, engineer, supplier or other individual or entity, nor
shall it create any obligation on the part of CITY to pay or to see to subcontractor, engineer,
supplier or other individual or entity except as may otherwise be required by laws and
regulations.
12.03 DESIGN/BUILDER shall be solely responsible for scheduling and coordinating
subcontractors, engineers, suppliers and other individuals and entities performing or furnishing
any of the work under direct or indirect contract with DESIGN/BUILDER.
DESIGN/BUILDER shall require all subcontractors, engineers, suppliers and such other
15
jmplsampleldesigrifFebruary 20.1 M
individuals and entities performing or fumishirg any of the Work to communicate with the
CITY through DESIGN/BUILDER.
12.04 All services performed or provided to and material and equipment supplied to
DE.SIGNIBUILDER by a Subcontractor or Supplier will be pursuant to an appropriate design
sub -agreement or construction sub -agreement between DESIGN/BUILDER and the
subcontractor, engineer or supplier which specifically binds the subcontractor, engineer or
supplier to the terms and conditions of the Contract Documents for the benefit of CITY.
Whenever any such agreement is with a subcontractor, engineer or supplier who is listed as an
additional insured on the property insurance provided for herein, the agreement between the
DESIGN/BUILDER and the subcontractor, engineer or . supplier will contain provisions
whereby the subcontractor, engineer or supplier waives all rights against CITY,
DESIGN/BUILDER, CITY's consultants and all other additional insureds for all losses and
damages caused by any of the perils or causes of loss covered by such policies and any other
property insurance applicable to the Work. If the insurers on any such policies require
separate waiver forms to be signed by any subcontractor, engineer or supplier,
DESIGN/BUILDER will obtain the same.
ARTICLE 13
\'D
13.01 DESIGN/BUILDER shall, prior to entering upon the performance of this
Agreement, furnish the following three bonds approved by the City Attorney:
A. A Performance Bond in the amount of one hundred percent of the Contract Price to
guarantee the DESIGN/BUILDER'S faithful performance of the Work;
B. A Warranty Bond in the amount of one hundred percent of the Contract Price to
warrant such performance for a period of one (1) year after CITY's acceptance
thereof, and
C. A Payment Bond in the amount of one hundred percent of the Contract Price to
guarantee payment of all claims for labor and materials furnished.
13.02 The bonds shall be executed by a California admitted surety rated A-VII or
better in Best's Insurance Guide. If a Best's Insurance Guide rating is not available, the
proposed surety must meet comparable standards of another rating service satisfactory to
CITY. Bonds issued by a surety listed in the latest version of the U:S. Department of
Treasury Circular 570 shall be deemed to be accepted unless specifically rejected by CITY.
Bonds from sureties not listed in Treasury Circular 570 must be accompanied by all of the
documents enumerated in California Code of Civil Procedure Section 995.660(a).
13.03 Every bond must display the surety's bond number and incorporate the Contract
Documents by reference. The terms of the bonds shall provide that the surety agrees that no
change, extension of time, alteration or modification of the Contract Documents or the Work
16
Jmp1samp1e1desigNFebm3ry 20.1998
to be performed thereunder shall in any way affect its obligations and shall waive notice of any
such change, extension of time, alteration or modification of the Contract Documents.
ARTICLE 14 -
rnE�titi'IFICATION
14.01 To the fullest extent permitted by law, the DESIGN/BUILDER hereby assumes
liability for and agrees to indemnify and hold harmless, the CITY, its officers, officials,
agents, employees, and representatives (hereinafter referred to as "Indemnities") from and
against any and all claims, demands, defense costs, action, expenses of any kind whatsoever,
arising out of or encountered in connection with this Agreement or the prosecution of Work
under it (including but not limited to errors or omissions in design or design -build work for
which DESIGN/BUILDER or its subcontractor(s) were responsible), whether such claims,
demands, actions or liability are caused by DESIGNIBUILDER, DESIGNIBUILDER's
subcontractors, agents or employees or products installed on the Project by
DESIGN/BUILDER or subcontractors, regardless of whether caused in part by a party
indemnified hereunder, excepting only such injury, death, or damages as may be caused solely
and exclusively by the negligence or willful misconduct of the Indemnitees, as determined by a
court of competent jurisdiction, and such indemnification shall extend to all claims, demands,
actions, defense costs, or liability for injuries, death, or damages occurring after completion of
the Project as well as during the Work's progress. DESIGN/BUILDER further agrees that it
shall (at the option of the party required to be indemnified hereunder) at its own cost, expense,
and risk, defend Indemnitees in any and all claims, demands, actions, suits, or other legal
proceedings which may be brought or instituted against Indemnitees.
14.02 This indemnity shall survive termination of the Agreement or final payment
hereunder. This indemnity is in addition to any other rights or remedies which the
Indemnitees may have under the law or under the Contract Documents. In the event of any
claim or demand made against any party which is entitled to be indemnified hereunder, the
CITY may, in its sole discretion, reserve, retain or apply any monies due to the
DESIGN/BUILDER under the Agreement for the purpose of resolving such claims; provided,
however, that the CITY may release such funds if the DESIGN/BUILDER provides the CITY
with reasonable assurance of protection of the Indemnitees' interest. The CITY shall in its
sole discretion determine whether such assurances are reasonable.
ARTICLE 15
INSURANCE
15.01. Workers Compensation insurance.
A. Pursuant to California Labor Code section 1861, DESIGN/BUILDER
acknowledges awareness of section 3700 et seq. of said Code, which requires
every employer to be insured against liability for workers compensation;
DESIGN/BUILDER covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
17
ImplsampleldesigrVFebruary 20,1998
B. DESIGN/BUILDER shall maintain workers compensation insurance in an
amount of not less than:
1. One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence;
2. One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee; and
3. Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,
aggregate policy limit.
C. DESIGN/BUILDER shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees.
DESIGN/BUILDER shall furnish to CITY a certificate of waiver of subrogation
under the terms of the workers compensation insurance and DESIGN/BUILDER
shall similarly require all subcontractors to waive subrogation.
15.02 _Qeneral ,Liability Insurance. DESIGN/BUILDER shall obtain and furnish to
CITY, a policy of general public liability insurance, including motor vehicle coverage
covering the PROJECT. Said policy shall indemnify DESIGN/BUILDER, its officers, agents
and employees,. while acting within the scope of their duties, against any and all claims of
arising out of or in connection with the PROJECT, and shall provide coverage in not less than
the following amounts:
A. Combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of
$1,000,000 per occurrence.
B. If coverage is provided under a form which includes a designated general aggregate
limit, the aggregate limit must be no Iess than $1,000,000.
Said general liability policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the Project shall be deemed excess coverage and that DESIGN/BUILDER's
insurance shall be primary.
15.03 Professional 1jability Insurance. DESIGN/BUILDER shall furnish a
professional liability insurance policy covering the design work required by the Contract
Document. Said policy shall provide coverage for Consultant's professional liability in an
amount not less than $1,000,000 per occurrence and in the aggregate. A claims made policy
shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the DESIGN/BUILDER's
is
1mplsampleldeslgrVFebruary 4-0.1 M
start of work (including subsequent policies purchased as renewals . or
replacements).
B. DESIGN/BUILDER will make every effort to maintain similar insurance during
the required extended period of coverage following Project completion,
including the requirement of adding all additional insureds.
C. If insurance is terminated for any reason, DESIGN/BUILDER agrees to
purchase an extended reporting provision of at least two (2) years to report
claims arising from work performed in connection with this Agreement.
D. The reporting of circumstances or incidents that might give rise to future claims.
15.04 Certificates ofInsurance_and Endorsements. Prior to commencing
performance of the Work hereunder, DESIGN/BUILDER shall furnish to CITY certificates of
insurance, subject to approval of the City Attorney, evidencing the foregoing insurance
coverages required by this Agreement; said certificates and endorsements shall:
A. Name the CITY as an additional insured with the sole exception of professional
liability insurance;
B. Provide the name and policy number of each carrier and policy;
C. Shall state that the policy is currently in force; and
D. Shall promise that such policies shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty days prior
written notice to the CITY; however, ten days prior written notice in the event
of cancellation for nonpayment of premium.
15.05 DESIGN/BUILDER shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY. The
requirement for carrying the foregoing insurance coverages shall not derogate from the
provisions for indemnification of CITY by DESIGN/BUILDER under the Agreement. CITY
or its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. DESIGN/BUILDER shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
ARTICLE 16
PATENT FEM AND ROYALTIES
16.01 DESIGN/BUILDER shall pay all Iicense fees and royalties and assume all costs
incident to the use in the performance of the Work or the incorporation in the Work of any
invention, design, process, product or device which is the subject of patent rights or copyrights
held by others. To the fullest extent permitted by laws and regulations. DESIGN/BUILDER
19
)mplsample/deslgn/February 20.1998
shall defend, indemnify and hold harmless CITY and its agents, employees and officers, from
and against all claims, costs, losses and damages (including bug not limited to all fees and
charges of engineers, architects, attorneys and other professionals and all court or arbitration
or other dispute resolution costs) arising out of or pertaining, in any manner, to any actual or
alleged infringement of patent rights or copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of any invention, design, process,
product or device not specified in the conceptual documents.
16.02 The DESIGN/BUILDER offers and agrees to assign to the CITY all rights, title
and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code of the State of California),
arising from purchases of goods, services or materials pursuant to performance of the Work.
This assignment will be made and becomes effective at the time CITY tenders final payment to
DESIGN/BUILDER, without further acknowledgement by the Parties.
ARTICLE 17
PERMITS
17.01 Unless otherwise provided in the Contract Documents, DESIGN/BUILDER
shall directly or through one or more subcontractors obtain and pay for all necessary permits
and licenses. CITY shall assist DESIGNIBUILDER, when necessary, in obtaining such
permits and licenses. DESIGN/BUILDER shall pay all governmental charges and inspection
necessary for the prosecution of the construction, which are applicable on the last day for
receipt of proposals. DESIGN/BUILDER shall pay all charges of utility owners for
connections to the Work, and CITY shall pay all charges of such utility owners for capital
costs related thereto.
ARTICLE 18
LAWS AbM REGLMATIONS
18.01 DESIGN/BUILDER shall give all notices and comply with all laws and
regulations of the place of the Project which are applicable to furnishing and performance of
the Work. Except where otherwise expressly required by applicable laws and regulations,
CITY shall not be responsible for monitoring DESIGN/BUILDER's compliance with any laws
or regulations.
18.02 If DESIGN/BUILDER performs any work knowing or having reason to know
that it is contrary to laws or regulations, DESIGN/BUILDER shall bear all costs arising
therefrom.
18.03 Changes in Iaws and regulations not known or foreseeable on the date of receipt
of proposals having an effect on the cost or time of performance may be the subject of a claim
as provided for herein.
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Jmp'sampleldesigrVFebruary 20,1 M
ARTICLE 19
19.01 DESIGN/BUILDER shall pay all sales, consumer, use, gross receipts and other
similar taxes required to be paid by DESIGNIBUILDER in accordance with the laws and
regulations of the place of the Project which ,are applicable during the performance of the
Work.
ARTICLE 20
USE OF SITE AND OTHER AREAS
20.01 DESIGN/BUILDER shall confine construction equipment, the storage of
materials and equipment and the operations of construction workers to those lands and areas
permitted by the CITY and other land and areas permitted by laws and regulations, rights -of -
way, permits and easements, and shall not unreasonably encumber the premises with
construction equipment or other materials or equipment. DESIGN/BUILDER shall assume
full responsibility for any damage to any such Iand or area, or to the CITY or occupant thereof
or of any adjacent Iand or areas, resulting from the performance of the Work.
DESIGN/BUILDER shall, to the fullest extent permitted by laws and regulations, indemnify
and hold harmless CITY, CITY's consultants and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and damages (including, but not limited
to, fees of engineers, architects, attorneys and other professionals and court and arbitration or
other dispute resolution costs) arising out of or resulting from any claim or action, legal or
equitable, brought by any such CITY or occupant against CITY, or any other party
indemnified hereunder to the extent caused by or based upon DESIGNIBUILDER's
performance of the construction.
20.02 During the performance of the construction, DESIGN/BUILDER shall keep the
premises free from accumulations of waste materials, rubbish and other debris resulting from
the construction. At the completion of the construction DESIGN/BUILDER shall remove all
waste materials, rubbish and debris from and about the premises as well as all tools,
appliances, construction equipment, temporary construction and machinery and surplus
materials. DESIGN/BUILDER shall leave the Site clean and ready for occupancy by CITY at
substantial completion. DESIGN/BUILDER shall restore to original condition all property not
designated for alteration by the Contract Documents.
20.03 DESIGN/BUILDER shall not load nor permit any part of any structure to be
loaded in any manner that will endanger or damage the structure, nor shall
DESIGN/BUILDER subject any part of the Work or adjacent property to stresses or pressures
that will endanger or damage it.
ARTICLE 21
SAFETY AND PROTECTION
21.01 DESIGN/BUILDER shall be solely responsible for initiating, maintaining and
21
Implsampteldesip ffebruary 20,1 W8
supervising all safety precautions and programs in connection with the construction.
DESIGNIBUILDER shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
A. All persons on the Site or who may be affected by the construction;
B. All work and materials and equipment to be incorporated therein, whether in
storage on or off the Site; and
C. Other property at the Site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures, utilities and underground facilities not
designated for removal, relocation or replacement in the course of construction.
21.02 DESIGNIBUILDER shall comply with applicable laws and regulations of any
public body having jurisdiction for safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety
and protection. DESIGNIBUILDER shall notify owners of adjacent property and of
underground facilities and utility owners when prosecution of the Work may affect them, and
shall cooperate with them in the protection, removal, relocation and replacement of their
property. All damage, injury or loss to any property caused, directly or indirectly, in whole
or in part, by DESIGN/BUILDER, any subcontractor, supplier or any other individual or
entity directly or indirectly employed by any of them to perform or furnish any of the work or
anyone for whose acts any of them may be liable, shall be remedied by DESIGN/BUILDER.
DESIGNIBUILDER's duties and responsibilities for safety and for protection of the
construction shall continue until such time as all the work in completed and CITY has issued a
notice to DESIGN/BUILDER in accordance with Section 12.09 that the work is acceptable
(except as otherwise expressly provided in connection with Substantial Completion).
21.03 Saft X Represent at iv . DESIGN/BUILDER shall designate a qualified and
experienced safety representative at the Site whose duties and responsibilities shall be the
prevention of accidents and the maintaining and supervising of safety precautions and
programs.
ARTICLE 22
HAZARD CONTN11UNICATION, PROGRAMS
22.01 DESIGN/BUILDER shall be responsible for coordinating any exchange of
material safety data sheets or other hazard communication information required to be made
available to or exchanged between or among employers at the Site in accordance with Iaws or
regulations.
ARTICLE 23
EMERGENCIES
23.01 In emergencies affecting the safety or protection of persons or the construction
or property at the Site or adjacent thereto, DESIGN/BUILDER, without special instruction or
22
lmplsampWdesignffebruary 20.1 M
authorization from CITY, is obligated to act to prevent threatened damage, injury or loss.
DESIGNIBUILDER shall give CITY prompt written notice if DESIGNIBUILDER believes
that any significant changes in the construction or variations from the Contract Documents
have been caused thereby. If a change in the Contract Documents is required because of the
action taken by DESIGNBUILDER in response to such an emergency a work change directive
or change order will be issued to document the consequences of such action.
ARTICLE 24
SURNIIIIALS
24.01 CITY will review and approve submittals in accordance with the schedule of
required submittals accepted by CITY as required by the Contract Documents. CITY's review
and approval will be only to determine if the items covered by the submittals will, after
installation or incorporation in the construction, conform to the information given in the
Contract Documents and be compatible with the design concept of the completed project as a
functioning whole as indicated by the Contract Documents. CITY's review and approval will
not extend to means, methods, techniques, sequences or procedures of construction (except
where a particular means, method, technique, sequence or procedure of construction is
specifically and expressly called for by the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item, as such, will not
indicate approval of the assembly in which the item functions. DESIGNBUILDER shall
make corrections required by CITY, and shall return the required number of corrected copies
of the required submittal for review and approval. DESIGN/BUILDER shall direct specific
attention in writing to revisions other than the corrections called for by CITY on previous
submittals.
24.02 CITY's review and approval of required submittals shall not relieve
DESIGNIBUILDER from responsibility for any variation from the requirements of the
Contract Documents unless DESIGN/BUILDER has in writing called CITY"s attention to each
such variation oat the time of submission and CITY has given written approval of each such
variation by specific written notation thereof incorporated in or accompanying the submittal.
24.03 Where a submittal is required by the Contract Documents of related construction
provided prior to CITY's review and approval of the pertinent submittal will be at the sole
expense and responsibility of DESIGN/BUILDER.
ARTICLE 25
CO�_I'Th�'ZJI�'G THE WORK
25.01 DESIGN/BUILDER shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with CITY. No Work shall be delayed or postponed
pending resolution of any disputes or disagreements, except as DESIGN/BUILDER and CITY
may otherwise agree in writing.
ARTICLE 25
23
lmplsampieldesigrVFebwary 20,1998
i
1
DESIGNIBUILDER'S GENERAL WARRANTY ANTI) GUARANTEE
26.01 DESIGN/BUILDER hereby unconditionally guarantees the CITY that the Work
(including all services, labor and materials provided by Subcontractors, sub -subcontractors of
any tier, Vendors and Material Suppliers) shall strictly comply with the provisions of the
Contract Documents, including all Drawings and Specifications, and that the Work shall be
first-class in every particular and free from defects in construction -and workmanship. The
DFSIGN/BUILDER further guarantees that all materials, equipment and supplies furnished by
the DESIGN/BUILDER or by its Subcontractors, sub -subcontractor of any tier Vendors or
Material Suppliers for the Work shall be new, merchantable, of the most suitable grand and fit
for their intended purposes. Work not conforming to these requirements, including
substitutions no properly approved and authorized, shall be considered defective. Approval of
any material or Work at any time or stage of construction will not prevent its subsequent
rejection for cause. The DESIGN/BUILDER shall jointly assign all its rights and interests in
warranties of Vendors and Material Suppliers to the CITY and Owner upon Substantial
Completion in a fashion that meets the specifications of this Section.
26.02 DESIGN/BUILDER's obligation to perform and complete the Work in
accordance with the Contract Documents shall be absolute. None of the following will
constitute an acceptance of work that is not in accordance with the Contract Documents or a
release of DESIGN/BUILDER's obligation to perform the Work in accordance with the
Contract Documents:
A. Observations by CITY;
B. The making of any progress or final payment;
C. The issuance of a certificate of substantial compliance;
D. Use or occupancy of the work or any part thereof by CITY;
E. Any acceptance by CITY or any failure to do so;
F. Any review and approval of a submittal;
G. Any inspection, test or approval by others; or
H. Any correction of defective construction by CITY.
The DESIGNBUILDER guarantees set forth in this Article shall extent for a period of
twelve (12) months after the Date of Final Completion. The DESIGNBUILDER's warranty
obligation as stated herein shall survive termination of the Contract. The CITY shall provide all
notices of defects in writing promptly after discovery of defective conditions. The establishment
of the time period of twelve (12) months after the Date of Final Completion or such longer period
of time as may be prescribed by law or by the terms of any longer warranty required by the
Contract Documents relates only to the specific obligation of the DESIGNBUILDER to correct
24
)mplsamp[e/des1grdFebruary 20.1 M
the work. Nothing contained in this Article shall be construed to establish a period of limitation
with respect to any other liabilities which the DESIGNBUILDER remains subject to under the
Contract Documents. Vendor and IViaterial Supplier warranties are to have durations as set forth
in the Specifications, but in no event less than the period specified under this Section.
26.03 Without limitation of any -other rights or remedies of the CITY, if any defect in
the Work in violation of the guarantees set forth above arises within twelve (12) months after
the Date of Final Completion, the DESIGN/BUILDER and its sureties shall upon receive of
written notice of such defect and demand to correct any such defective Work rejected by the
CITY or the Architect as failing to conform to the Contract Documents, at no cost to the
CITY, shall within three (3) days of receipt of notice of said defective work (unless others
agree to in writing by the CITY), furnish and provide all design and engineering, labor,
equipment, materials and other services at the site necessary to correct such defect and cause
the Work to comply fully with the foregoing guarantees. The DESIGN/BUILDER is obligated
to correct all such defects, whether these defects are discovered before or after the Date of
Final Completion, and whether or not the defective Work has been fabricated, installed or
completed. Access to building's interior for corrective work shall be closely coordinated with
the CITY so as not to conflict with scheduled events taking place within. The
DESIGN/BUILDER shall obtain approved "Dark Days" from CITY prior to commencing
corrective measures of defective work. The DESIGNIBUILDER shall bear all costs of
correcting such rejected and defective Work, including access to the Work and removal and
replacement of non -defective Work which is needed in order to correct defective Work, and
also including compensation for the Architect's or Owner's Representative additional services
made necessary thereby.
26.04 In the event the DESIGN/BUILDER has been notified of any defect in the
Work in violation of the DESIGN/BUILDER's foregoing guarantees, and in the event the
DESIGN/BUILDER fails to promptly and adequately correct such defect, the CITY shall have
the right to correct or to have such defects corrected or the account of the
DESIGN/BUILDER, and the DESIGN/BUILDER shall promptly pay the CITY its costs
incurred in correcting such defect.
26.05 The DESIGN/BUILDER warrants that title to all Work, materials and
equipment covered by an Application for Payment will pass to the Owner, either by
incorporation in the Work or upon the receipt of payment of such work by the
DESIGNIBUILDER, whichever occurs first, free and clear of all stop notices, claims, security
interests or encumbrances. The DESIGNBUILDER further warrants that no Work, materials,
or equipment covered by an Application for Payment, whether acquired by the
DESIGN/BUILDER, or by any other person performing Work at the site or furnishing
materials and equipment for the Project, be subject to any stop notice or encumbrances
thereon. The DESIGN/BUILDER and its surety hereby agree to indemnify and hold all
indemnitees as defined in the Agreement harmless from and against any and all costs, expenses
including attorneys fees, damages, claims or liabilities in any way arising out of stop notices
relating to materials, equipment or services provided the DESIGN/BUILDER, Subcontractors,
sub -subcontractors and their respective Material Suppliers, Vendors, employees, agents or
25
lmp1samp1eldes1grVFehruary 20.1998
representatives. It is expressly understood that the DESIGN/BUILDER'S obligations in this
respect begin immediately at the outset of any filing, claim by correspondence or court
proceeding and without regard to a showing of DESIGN/BUILDER'S fault.
26.06 The DESIGNBUILDER shall bear all costs incurred by the CITY or its
separate contractors resulting from the DESIGN/BUILDER's correction or removal of Work
which does not conform with the requirements of the Contract Documents. However, the
foregoing shall not contravene potential recovery of such costs under insurance coverage
afforded for any such loss or damage under the Insurance terms of Article 15.
26.07 The DESIGN/BUILDER's warranty excludes damages or defects solely caused
by modifications not executed by the DESIGN/BUILDER, . improper or insufficient
maintenance, improper operation by the CITY, or normal wear and tear under normal usage.
26.08 If the CITY prefers to accept defective or non -conforming Work, the CITY may
do so at it sole discretion instead of requiring removal and correction by the
DESIGN/BUILDER. In any such cases, a Change Order will be issued to reflect a reduction
in the Contract Price where appropriate and equitable. In the event that the final payment has
been made or insufficient funds remain to permit offset by the CITY, the DESIGN/BUILDER
shall make prompt payment to the CITY of the amounts so determined.
26.09 The DESIGN/BUILDER's guarantees, as set forth in this Article 26 (hereinafter
"Article 26 Warranties"), are freely assignable to Assignees by the CITY. The
DESIGNBUILDER hereby agrees to honor the Article 26 Warranties to such Assignees.
Upon assignment of the CITY's Warranty Rights, the Assignee shall promptly notify the
DESIGN/BUILDER, in writing, of all discovered defects or defective conditions. In no event
will the CITY's assignment of its Warranty Rights alter either the scope of Warranty Period of
DESIGN/BUILDER's Article 26 Warranties.
ARTICLE 27
PR_EVAILIN-9 WAGE
27.01 DESIGN/BUILDER shall pay at least the minimum prevailing per diem wages
as provided in Section 1773, et seq. of the Labor Code for each craft, classification or type of
workman required as set forth by the Director of Industrial Relations of the State of California.
ARTICLE 28
QlA 'GF.S IN TIIE WQRK AN CI.AT,INIS
28.01 In the event CITY requires additional services not included in the Contract
Documents, or changes in the scope of services described in the Contract Documents,
DESIGN/BUILDER will undertake such work after receiving written authorization from
CITY. Additional compensation for such extra work shall be allowed only if the prior written
approval of CITY is obtained.
28.02. DESIGN/BUILDER shall adhere strictly to the plans and specifications set forth
26
JmplsampleldesigrVFebruary 20.1 M
in the Contract Documents unless a change therefrom is authorized in writing by the CITY.
DESIGN/BUILDER agrees to make any and all changes, furnish materials and perform all
work necessary within the scope of the PROJECT as the CITY may require in writing. Under
no condition shall DESIGN/BUILDER make any changes without the written order of the
CITY, and CITY shall not pay any extra charges made by DESIGN/BUILDER that have not
been agreed upon in writing by the CITY.
28.03 When directed to change the work, DESIGN/BUILDER shall submit
immediately to the CITY a written Cost Proposal reflecting the effect of the change. Should
the CITY not agree to such cost proposal, the Work shall be performed according to the
changes ordered in writing by the CITY and the proper cost thereof shall be negotiated by the
Parties upon cost and pricing data submitted by the DESIGN/BUILDER; thereupon, CITY
will promptly issue an adjusted change order to DESIGN/BUILDER and the Contract Price
and/or Contract Time will be adjusted upward or downward accordingly.
28.04 Claims. The DESIGN/BUILDER may submit one or more claims in the form
of Cost Proposals for any requested adjustment in the Contract Price or -Contract Time
pursuant to the provisions of this Agreement. In such case, the DESIGN/BUILDER shall give
the CITY written notice within seven (7) calendar days after it becomes aware of the event
giving rise to the Change Proposal. Thereafter the CITY shall have a reasonable amount of
time after receipt of the claim to either confirm or refute the basis for the Cost Proposal.
Failure to give the notice required by this section shall be deemed a waiver of the claim.
ARTICLE 29
:[ M(; AND INSPECTION'S CORRECTION, REMOVAL
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTIO�r
29.01 Notim-of Defects. Prompt written notice of all defective construction of which
CITY has actual knowledge will be given to DESIGN/BUILDER by CITY. All defective
construction may be rejected, corrected or accepted as provided in this Article.
29.02 Access To Constniction. CITY, CITY's consultants, other representatives and
personnel of CITY, independent testing laboratories and governmental agencies with
jurisdictional interests will have access to the construction at the site at reasonable times for
their observation, inspection and testing. DESIGNIBUILDER shall provide them proper and
safe conditions for such access and advise them of DESIGN/BUILDER's site safety procedures
and programs so that they may comply therewith as applicable.
29.03 Tgata AndInspections.
A. If the Contract Documents, laws or regulations of any public body having
jurisdiction require any part of the construction specifically to be inspected,
tested or approved, DESIGN/BUILDER shall assume full responsibility for
arranging and obtaining such inspections, tests or approvals, pay all costs in
connection therewith and furnish CITY the required certificates of inspection or
27
lmplsampleldesignlf ebruary 20.1998
approvals. DESIGN/BUILDER shall also be responsible for arranging and
obtaining and shall pay all costs in connection with any inspections, tests or
approval required for CITY's acceptance of materials or equipment to be
incorporated in the construction or of materials, mix designs, or equipment
submitted for approval prior .to DESIGN/BUILDER'S purchase thereof for
incorporation in the construction.
B. DESIGN/BUILDER shall give CITY reasonable notice of the planned schedule
fdr all required inspections, tests or approvals.
C. If any construction (or the construction work of others) that is required to be
inspected, tested or approved is covered by DESIGN/BUILDER without written
concurrence of CITY, the Work must, if requested by CITY, be uncovered for
observation at DESIGN/BUILDER's expense unless DESIGN/BUILDER has
given CITY timely notice of DESIGN/BUILDER'S intention to cover the same
and CITY has not acted with reasonable promptness in response to such notice.
29.04 Uncovering CQgnstnjction.
A. If any construction is covered contrary to . the written request of CITY or
without inspection, it must, if requested by CITY, be uncovered for CITY's
observation and recovered at DESIGN/BUILDER'S expense.
B. If CITY considers it necessary or advisable that covered construction be
observed by CITY or inspected or tested by others, DESIGN/BUILDER, at
CITY's request, shall uncover, expose or otherwise made available for
observation, inspection or testing as CITY may require, that portion of the
construction in question, furnishing all necessary labor, material and equipment.
If it is found that such construction is defective, DESIGN/BUILDER shall pay
all costs and damages caused by or resulting from such uncovering, exposure,
observation, inspection and testing and of satisfactory replacement or rework,
(including but not Iimited to all fees and charges of engineers, architects,
attorneys and other professional, all court or arbitration or other dispute
resolution costs, and all costs of repair or replacement of work of others); and
CITY shall be entitled to an appropriate decrease in the Contract Price, and, if
the parties are unable to agree as to the amount thereof, may make a claim
therefor as proved herein. If, however, such construction is not found to be
defective, DESIGN/BUILDER shall be allowed an increase in the Contract
Price or an extension of the Contract Time (or milestones), directly attributable
to such uncovering, exposure, observation, inspection, testing, replacement and
rework; and, if the Parties are unable to agree as to the amount or extent
thereof, DESIGN/BUILDER may make a claim therefor as provided herein.
29.05 City Mayto hConstruction. If the construction is defective, or
DESIGNBUILDER fails to supply sufficient skilled workers or suitable materials or
28
jmplsampleldesigrVFebruary 20, IM
equipment, or fails to furnish or perform the construction in such a way that the completed
construction will conform to the Contract Documents, CITY may order DESIGN/BUILDER
to stop construction or any portion thereof, until the cause for such order has been eliminated;
however, this right of CITY to stop construction will not give rise to any duty on the part of
CITY to exercise this right for the benefit of DESIGN/BUILDER or any other party.
29.06 Correction Or Removal Of Defective Construglion. CITY will have
authority to disapprove or reject defective construction and will have authority to require
special inspection or testing of the construction whether or not the construction is fabricated,
installed or completed. If required by CITY, DESIGN/BUILDER shall promptly, as directed,
either correct all defective construction whether or not fabricated, installed or completed, or, if
the construction has been rejected by CITY, remove it from the site and replace it with
nondefective construction. DESIGN/BUILDER shall bear all direct, indirect and
consequential costs of such correction or removal (including but not limited to fees and charges
of engineers, architects, attorneys and other professionals) made necessary thereby.
29.07 Correction Period.
A. If within one year after the date of Substantial Completion or such longer period
of time as may be prescribed by Iaws or regulations or by the terms of any
applicable special guarantee required by the Contract Documents or by any
specific provisions of the Contract Documents, any construction is found to be
defective, DESIGNIBUILDER shall promptly, without cost to CITY and in
accordance with CITY's written instructions, (i) correct such defective
construction, or if it has been rejected by CITY, remove it from the site and
replace it with construction that is not defective, and (ii) satisfactorily correct or
remove and replace any damage to other construction or the work of other
resulting therefrom. If DESIGNIBUILDER does not promptly comply with the
terms of such instruction, or in an emergency where delay would cause serious
risk of loss or damage, CITY may have the defective construction corrected or
the rejected construction removed and replaced, and all costs and damages
caused by or resulting from such removal and replacement (including but not
limited to all fees and'charges of engineers, architects, attorneys and o3her
professionals, all court or arbitration or other dispute resolution costs, and all
costs of repair or replacement of work of others), will be paid by
DESIGN/BUILDER.
B. In special circumstances where a particular item of equipment is placed in
continuous service before Substantial Completion of all the construction, the
correction period for that time may start to run from an earlier date if so
provided in the specifications or by written amendment.
C. Where defective work (and damage to other construction resulting therefrom)
has been corrected, removed or replaced under this Section, the correction
period hereunder with respect to such construction will be extended for an
29
Jmplsampleldeslgn/February 20.1998
additional period of one year after such correction or removal and replacement
has been satisfactorily completed.
29.08 AgcgptanEe 9f DefectivC Constniction.. If, instead of requiring correction or
removal and replacement of defective construction, CITY prefers to accept it, CITY may do
so. DESIGNIBUILDER shall pay all costs attributable to CITY's evaluation of and
determination to accept such defective construction (such costs to include but not be limited to
all fees and charges of engineers, architects, attorneys and other professionals and all court or
arbitration or other dispute resolution costs). If any such acceptance occurs prior to final
payment, a change order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the construction; and CITY shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof,
CITY may make a claim therefor as provided herein. If the acceptance occurs after final
payment, an appropriate amount will be paid by DESIGNIBUILDER to CITY.
29.09 City May Correct Defective Constrtjtion. If DESIGNIBUILDER fails
within a reasonable time after written notice from CITY to correct defective construction or to
remove and replace rejected construction as required by CITY or if DESIGN/BUILDER fails
to perform the construction in accordance with the Contract Documents, or if
DESIGN/BUILDER fails to comply with any other provision of the Contract Documents,
CITY may, after seven days written notice to DESIGN/BUILDER, correct and remedy any
such deficiency. In exercising the rights and remedies under this Section CITY shall proceed
expeditiously. In connection with such corrective and remedial action, CITY may exclude
DESIGNIBUILDER from all or part of the site, take possession of all or part of the
construction, and suspend DESIGNIBUILDER's services related thereto, take possession of
DESIGNIBUILDER's tools, appliances, construction equipment and machinery at the site and
incorporate in the construction all materials and equipment it stored at the site or for which
CITY has paid DESIGN/BUILDER but which are stored elsewhere. DESIGNIBUILDER
shall allow CITY, CITY's representative, agents and employees, CITY's other contractors
and consultants access to the site to enable CITY to exercise the rights and remedies under this
Section. All costs and damages incurred or sustained by CITY in exercising such rights and
remedies shall be charged against DESIGNIBUILDER and a change order will be issued
incorporating the necessary revisions in the Contract Documents and CITY shall be entitled to
an appropriate decrease in the contract price, and, if the parties are unable to agree as to the
amount thereof, CITY may make a claim therefor as provided herein. Such costs and damages
will include but not be limited to all fees and charges of engineers, architects, attorneys and
other professionals, all court or arbitration or other dispute resolution costs and al costs of
repair or replacement of work of others destroyed or damaged by correct, removal or
replacement of DESIGNIBUILDER's defective construction. DESIGN/BUILDER shall not be
allowed an extension of the contract times (or milestones) because of any delay in the
performance of the construction attributable to the exercise by CITY of CITY's rights and
remedies hereunder.
29.10 Final Inspection. Upon written notice from DESIGNIBUILDER that the entire
construction or an agreed portion thereof is complete, CITY will make a final inspection with
30
lmplsampae/desfQNFebruary 20. IM
DESIGN/BUILDER and will notify DESIGN/BUILDER in writing of all particulars in which
this inspection reveals that the construction is incomplete or defective. DESIGN/BUILDER
shall immediately take such measures as are necessary to complete such construction or
remedy such deficiencies.
ARTICLE 30
MEPENTENT DESIGN/BUILDER
30.01 DESIGN/BUILDER is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor. DESIGN/BUILDER shall secure at its expense,
and _be responsible for any and all payment of all taxes, social security, state disability
insurance compensation, unemployment compensation and other payroll deductions for
DESIGN/BUILDER and its officers, agents and employees and all business licenses, if any, in
connection with the services to be performed hereunder.
ARTICLE 31
'ER1 T-NATIO,LN OF A,GREENTENT
31.01 All Work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate DESIGN/BUILDER'S services hereunder at any time, with or
without cause, and whether or not the Project is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
DESIGNIBUILDER as provided herein.
31.02 In the event of termination for convenience, the DESIGN/BUILDER will be
compensated for the reasonable value of the Work performed prior to the termination. In the
event the DESIGN/BUILDER defaults or persistently fails or neglects to carry out the Work in
accordance with the Contract Documents, CITY may give written notice that CITY intends to
terminate the performance of the Work. If the DESIGN/BUILDER fails to correct the failure
of performance within seven (7) calendar days after being given notice, the Owner may,
without prejudice to any other remedy, correct such deficiencies and may deduct the cost
thereof from any payment due the DESIGN/BUILDER or, at the Owner's option, may
terminate the employment of the DESIGN/BUILDER and take position of the site and of all
materials located on the site as well as all drawings, plans and specifications and finish the
Work by whatever means the CITY may deem expedient. When the Owner terminates the
DESIGNIBUILDER for default as provided for herein, the DESIGN/BUILDER shall not be
entitled to receive further payment until the Work is finished. If the expense of finishing the
Work exceeds the unpaid balance of the Contract Price, the DESIGN/BUILDER and its surety
shall pay the difference to the CITY.
ARTICLE 32
RISPUTE RESOLUTIOLN
32.01 Any dispute which cannot be resolved between the Parties shall be resolved
31
knplsampleldeslgrVFebriary 20.1998
through litigation in a court of competent jurisdiction (i.e., Superior or Municipal) of the State
of California. Venue for any such litigation concerning this Agreement shall be the County of
Orange. The Parties hereby consent to the jurisdiction of such court and expressly waive all
rights they may have to a change of venue including,. but not limited to, the provisions of
California Code of Civil Procedure Section 394. DESIGN/BUILDER agrees to incorporate
the provisions of this Article into all subagreements anli_,subcontracts and to obtain express
waives from all subcontractors and subconsultants of rights concerning change of venue.
ARTICLE 33
ASSiG1V21ENT AND SUBCONTRACTING
— 33.01 DESIGN/BUILDER shall not sell, assign, transfer, . convey or -encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
ARTICLE 34
CQPYRIGIITS1PATEI\'TS
34.01 CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
ARTICLE 35
CIT)LENIPLQYEFS AND QFFICIAM
35.01 DESIGN/BUILDER shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of applicable provisions
of law.
ARTICLE 36
NOTICES
36.01 Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to DESIGN/BUILDER'S agent (as
designated in Section 1 hereinabove) or to CITY's Director of as the situation
shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing
the same in the United States Postal Service, addressed as follows:
TO CITY: TO DESIGN/BUILDER:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
32
]mplsample'desfgrVFebnrary 20.1998
ARTICLE 37
CAPTIQNS
37.01 Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or
aid in the interpretation, construction or -meaning of the provisions of this Agreement.
ARTICLE 38
MIMIC
RATI4�
38.01 DESIGN/BUILDER shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply with
the provisions of the United States Code regarding employment verification.
ARTICLE 39
LEGAL SERVICES NMA Trs PR IIIBITED
39.01 DESIGN/BUILDER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. DESIGN/BUILDER understands that pursuant
to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
DESIGN/BUILDER.
ARTICLE 40
ATT!2RNT,Y'S FEF
40.01 In the event suit is brought by either party to enforce the terms and provisions
of this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
ARTICLE 41
SVERABILITY
41.01 In the event any provision of this Agreement and/or the Contract Documents
shall be deemed illegal, invalid, unenforceable and/or void by a court of competent jurisdiction
for any other governmental agency of competent jurisdiction, such provision shall be deemed
to be severed and deleted from the Contract Documents, and all remaining provisions hereof
shall, in other respects, continue in full force and effect.
ARTICLE 42
R VI i N REQUIRED BY 1 AW DEEMED IN ERTED
42.01 Each and every provision and clause required by law to be inserted in the
Contract Documents shall be deemed to be inserted herein and the Contract Documents shall
33
�nplsampleldesigNFebruary 20, 1998
be read and enforced as though such provision or clause is included herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
DESIGN/BUILDER: - • . CITY OF IIUNTVMTON BEACII, A
municipal corporation of the State of
California
By:
print name
ITS: (circle one) Chairman/President/Vice Mayor
President
ATTEST:
AND
City Clerk
By:
APPROVED AS TO FORM:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary -- Treasurer
License Number:
Expiration Date:
REVIEWED AND APPROVED:
City Administrator
Implsample/desigrVFebruary 20.1998
%-, City Attorney
61�-4zj"'
INITIATED AND APPROVED:
Chief of Police
34
DESIGN/BUILD AGREEMENT
TABLE OF CONTENTS
Page(s)
ARTICLE 1 WORK STATEMEN'f.........................................................................................I
ARTICLE 2 COi�1TRACT_DOCUMENTS...............................................................................2
ARTICLE 3 OWNER'S DUTIES AND RESPONSMILITIES................................................3
ARTICLE 4 TIME QF PERFORMANCE.................................................................... ....3
ARTICLE 5 CONTRACT PRICE............................................................................................4
ARTICLE 6 PAYMENT AND COMPLETIO\T.......................................................................4
ARTICLE 7 EROJECT_DOCLTNIENTS...................................................................................4
ARTICLE 8 DESIGNBUILDER REPRESENTATIONS AND RESP NSMILITIES ...........4
ARTICLE 9 DESIGN PHASE SERVICES.............................................................................4
ARTICLE 10 (:ONSMUCTION PHASE SERVICES .................. ............ .................4
ARTICLE 11 OPERATIONAL PHASE ....................................................................................4
ARTICLE 12 SUBCONTRACTORS_ SUPPLIERS AND OTHERS..........................................4
ARTICLE13 BONDS...............................................................................................................4
ARTICLE I4 INDEMNIFICATION..........................................................................................4
ARTICLE 15 1NSURANCE......................................................................................................4
ARTICLE 16 PATENT FEES AND RO—YALTIES....................................................................4
ARTICLE17 PERMITS..........................................................................................................4
ARTICLE 18 LAWS AND REGULATIONS................:..........................................................4
ARTICLE19 TAXES................................................................................................................ 4
ARTICLE 20 USE OF 51TE AND OTHER AREA.................................................................4
ARTICLE 21 SAFETY AND PROTECTION...........................................................................4
ARTICLE 22 HAZARD COMIy MCATION_PROGRAMS....................................................4
e
ARTICLE 23 EMERGENCIES.................................................................................................4
ARTICLE 24 SLMMITTALS ....................................................................................................4
ARTICLE 25 CONTiWING THE WORK .....................
...........................................................4
ARTICLE 26 DESIGNBUILDER'S GENERAL WARRANTY AND GUARANTEE..............4
ARTICLE 27 PREVAII.NG WAGE....................................................................26
ARTICLE 28 CHANGES IN THE WORK AND CLAIMS.......................................................4
ARTICLE 29 TESTS AND INSPECTIONS _CORRECTIQN. REMOVAL...............................4
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION
ARTICLE 30 INDEPENDENT DESIGN/BIRDER .................................................................4
ARTICLE 31 TERMINATION OF AGREEMENT...................................................................4
ARTICLE 32 DISPUTE RESOLUTION...................................................................................4
ARTICLE 33 ASSIGNMENT AND SUBCONTF-ACTFNG......................................................4
ARTICLE 34 COPYRIGHTS/PATENTS..................................................................................4
ARTICLE 3 5 CITY -EMPLOYEES AND OFFICIALS..............................................................4
ARTICLE36 NOTICES............................................................................................................4
ARTICLE 37 CAPTIONS.........................................................................................................4
ARTICLE 38 INS11GRATIQN..................................................................................................4
ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED.................................4
ARTICLE 40 ATTORNEY'S FEES..........................................................................................4
ARTICLE 41 SEVERABILITY................................................................................................4
ARTICLE 42 PROVISION REQUIRED BY LAW_DEEN ED INSERTED...............................4
ii
ATTACHMENT "D"
• • a
Certificate of lnsurance
Agency Name and Address:
THIS CERTIFICATE IS ISSUES AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
'
HOLDER.' THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED THE PO iCIES LISTED EELOW.
Insured's Name and Address:
Companies Afford i age
r
COVERAGES: THIS IS TO CEATIFYTYAT POLICIES CF INSURANCE LISTED EELO'.YKAVE PEEti ISSUE070 � rn� N AED ASOVE FOR THE POLICY PERIOD
Lti'DICATED. NOrMTHSTANJnvG iIQ%Y RECVIRENENr. TERM OR CONDMO>+ OF &W CO1'7fi.ACT CR OTHER DOC 'Ek MIrH gESPECT TO WNICM TH:s CERTIFICATE MU&T
BE ISSM CR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICES CMRIM HEREIN I8 SUSJ ..T T t T} TERMS. EXCLUSIONS. MD CONWTION'S CR
SIX" PD:I:ES.
TYPE 01"^=is>.l .s'
.POLICY:.
:y= POLfCYI-
POLJ Y
+fY; INSURANCE �:
T!UldB�R='•
' EFFECT DATE::
EXPIR; DA
'.• �' y LIMITS
.:
.
GENERAL LIABILITY
General Aggregate S
[ j
Cornanl. Gen. LI2 AIV
Products-CorllOps Agg. S
[ ] Claims Made
Personal & Adv. Injury S
( } Occurrence
Each Occurrence S
[ ]
Owners & Contractors
Fire Damage (any one tire) S
Protective
[ j
Contractual Llabili.i
Other
s
AUTO LIABILITY
Combined Single LL'nit S
[ ]
Any Auto. nob' e
[ j
i 1
All owned autos
scheduled aAos
/1
SoMly Injury (per Ferson)
5
[ j
hired autos
Bodily Injury (per accident
[ }
Non -owned autos
S
[ )
Garage liabiliy
Properly Damage
I]
S
EXCESS LIABILITY
[ }
Umbrella Fr—,
Each Occurrence
[ ]
Other than L6. - `t orm
Aggregate
R rR
5tatu;ay Llrri:s:
,P N A ION
Each Accident $
ZOYERS'
Disease -Policy Limit S
ITY
Disease -Each Employee S
OTHER:
Description of Operationslt_ocationsNehicles/Restrictions.'Special Items:
Certificate Holder. CANCELLATION;
SHOULD MY OF THE /LOVE DESCRIBED POLICES DE CANCELED FEFCAS THE
EXPIRATICN CAT THEREOF, THE ISSUING tCW..PA.\'Y WILL WJA 13 DAYS KRrrTEV
NOTICE TO THE CERTIFICATE HOLDER N MEO TO THE LEFT.
AUTHORIZED REPRESENTATIVE Date
ATTACHMENT "E"
Wo r\)Tt m 6-i-st,,,1 g es-Ac�t Po uLC -Ddr.
�Gt �T('FLG 1KV ES ilG4'mrJ ('1J1`i
DNA EQUIPMENT (Electrical)
(ASWVJ�65$ 1ISv )
-mini microfuge (2) _ _ _ _
_ _ _ _ _ _ __— A7A
-UV trans illuminator
ZA
-ultra pure water system.- _ _ _
-high speed microcentrifuge (2)
_ _ _ — _ _ _ _ _ _ -t,5 A
2, Z A X Z- _ 4• 4A
-centrifuge _ _ _ - _ _ _ _
- - _ _ - - 2 5 A
-heat block (2)
.R3A xZ =
-power supply ---- _ _ _ -
_ _ _ _ _ _ _ _ 5 A
-scale
i s o m A
-microwave oven _ _ _
_ _ _ _ _ _ _ 1:343 A
-autoclave
10 - 20 A
-refrigerator _ _ _ _ _ _ _
_ — _ _ _ _ _ 3.3 A
-freezer
3.3 A
-vortex - mixer (2) .____ _ _ . __. -_--
-- _ -_ _ IS AY, Z = 30 A
-orbital shaker
t Z A
-shaking water bath _ _ _ _ _. _
_ _— _ _ _ _ _ _ i I A
-pH meter
I A
-oven/hot water bath (?) —_ —
_ _ _ _ — _ -7.A
-hot plate
(9.7A►
-vacuum pump
2.5A
- PC.I` STAnvwS (2)
(e Ax 2 --- !ZA
- fui► e 1-1 ao p .
pCR Room
-microwave oven
-UV trans illuminator
2A
-refrigerator — _ _ — _ _
_ _ _ _ _ 3.3 A
-freezer
3.3 A
-power supply.- _ _ — _ _ _ _ _ _ _
— _ _ _ _ _ _ 5 A
-shaking water bath
j j A
-rocker(2)------------------
--_- 1,5AxZ-3A
-thermal cycler
5, 5 A
-310 genetic analyzer _ _ _ _—
_ _ _ _ _ _ _ _ 15 A
-computer 3 A
-oven ---- - - - -- - - - — -- - - - - . - 7A
-bi-& L �l+�
I have received Labor and Material Payment Bond No. B257 87 71 — Reliance Insurance
Company, Performance Bond No. B257 87 71 -- Reliance Insurance Company, and
Maintenance Bond No. B257 87 71A for Amelco Construction A Division of Amelco
Industries.
Re: CC-1082 — Design/Build Agreement For Police Department DNA Laboratory
Expansion Project.
RCA and Action Agenda of 8/17/98 attached.
Bond No. B257 87 71
RELIANCE INSURANCE COMPANY
HEAD OFFICE. PHILADELpt+IA, PENNSYLVANIA
LABOR AND MATERIAL PAYMENT BOND
The American Institute of Architects, AIA Document A311, February 1970 Edition.
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW! ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor] Amelco
Construction, A Division of Amelcp.Industries
19208 South Vermont Avenue, Gardena; CA 90248
as Principal, hereinafter called Principal, and, RELIANCE INSURANCE COMPANY, a corporation of the State of Pennsylvania, with
its Head Office at Philadelphia. Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full
name and address or legal title of Owner) the City of Huntington Beach, 2000 Main Street, Huntington
Beach, CA 92648
as Obligee, hereinafter called Owner, for the use and benefit of claimants as herei nbelow defined. in the amount of One
Hundred Twenty—four Thousand Three Hundred Ninety—three and No/100-------------------
----------------------------------------------------------- -------- Dollars IS 124,393.00---1.
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns. jointly
and severally, firmly by these presents.
WHEREAS. Principal has by written agreement dated July 27, 19 98 , entered into a contract with
Owner fmx to Construct Police DNA Laboratory Expansion Project
in accordance with Drawings and Specifications prepared by (Here Insert full name and addressor legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOVI, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,
then this obligation shall be void: otherwise it shall remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor.
material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to in-
clude that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant a�, herein defined,
who has not been paid in full before the expiration of a period of ninety 1901 days after the date on which the last of such claimant's
work or labor was done or performed, or materials were furnished by such claimant, may sue gn,�hiiiWigr1� p1pM juch claimant,
prosecute the suit to final judgment for such sum or sums as may be justly due claimant, an v execution thereon. The Owner shall
not be liable for the payment of any costs or expenses of any such suit.
L aC :J.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE. PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware,
and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY. are corporations duly organized under the laws of the
Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duty organized under the laws of the State of
Wisconsin (herein collectively called 'the Companlesu) and that the Companies by virtue of signature and seats do hereby make, constitute and appoint
Helen A. Weires, Mary R. Berry. Bradley N. Wright. John T. Lettlerl, Dawn Shanley, Carol B. Henry, of San Francisco, California their true and
tawful Attomey(s)•in-Fact. to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of
suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory In the
nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and
confirms 0 that their said Attomey(s)-in-Fad may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE
INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY. and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in
full force and effect, reading as follows:
ARTICLE VII -EXECUTION OF BONDS AND UNDERYAYONGS
1. The Board of Dteciam der haident, the Chairman of the Board. any Smut vice hnidcat. par Vim rre,ideot or Aauam Vier hnideas or odor ofrim designated by the Bard of Dismn than bm
power W oAboriry n (a) Vpmir Aowrary(aEin-Pecs and b mehorise tfaerm ao steata an bthalf of des Compaq. bade tad mnderakmp, tsomgaaiaaan, oornmaca of ideoaiq and osier rvitiagt obligamry a rbe .ants
dareof, and (b) so ssmo,e any path Atom my(s).irn-Faet as any tine and make dtr power and wtbmiry gi"n n diem.
2. Atwrnryfs}�Foct shall ha,e port and authority. wbim io the storms and limitations of der Fbwr ob Anornry ssumd n them, in sae m and adiver on bekWf of der Company, bands W aaderokinp.
raagmMaces. awwaea of idemwq W otku rritinp outgoory is due misrs thereof. Ttu oorpmaw seal! Is not aemsuey for the validity of any bonds and naderakinp setopimam. eomsaess of odemniy and other
wrings abligalcry in dr maws daeeof.
3. Atsrasyisf�Fact slue buts parer and audwrity to ••M•• affidavits re"M to be onacbed n bads. nmognimmocs, oontncts of indemnify or oehr oondston d or oblatory sndersaiiop pad dory shalt
also here parer and and ey n wufy me financial statemns of die Compaq and n copies of the ByLaws of the Company or may risk or seaes thereo(.
This Po.a of Anarw y is slg:rd W staled by facsimile w der and by authority or the bollowiag m0l tion adngaed by de Esetueivs and Finance Comminres of *d Boards or Dwrnon of Rdirr s Inparsom Company.
Uaiwl paeirae twWw" Company and Rehsnce Naaional Indemnify Company by Uneniman Convent dead a of Fcbrwry 28. 19W W by the Eaecuti•a and FawKi l Canmirmo of dw Board of Dreams of Relwim
Sunny Company by Unrimmas Coruem daad as of March 31. 1994.
•Resosred dw the ugmwta of Reh dirmemn amd officers and dr seal of sbe Company Buy be strand so nay arc% Ferrer or Ananwy or nay emirown rslmimg dKem by bowule. and any Bad
Fo-es of Ameney or oertiri ait baring Rich f=imde aignanres or Facsimile seal shall be valid and binding upon the Company and any such ft-W so necyud nd ortified by bcomile signarures
and Faeumde seal call be void and binding upon me Company. In the fwms Rik reapers in any bond or anderah ag so which Is a atacbnd.- -
IN V67TNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this March 6,1998.
00
c 4 M
`S£.+iL�(' = °SF►t.G is9�a o
P-X�
y+Nx+� �m • r�
STATE OF Washington )
COUNTY OF King ) SS.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
On this, March 6, 1998. before me, Laura L Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of
the Reliance Surety Company, Reliance Insurance Company. United Pacific Insurance Company, and Reliance National Indemnity Company and that as
such, being authorized to do so, executed the foregoing instrument for the purpose herein contained by signing the name of the corporation by himself as
Its duly authorized officer. `
1n witness whereof. 1 hereunto set my hand and official seal.
NoTJ<RV
%PIBUC �` t►.�tP_ •
_ 3bfi� �t0 ary Public in and for the State of Washington _ _ -
w Residing at Puyallup
I, Robyn Layng. Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY. UNITED PACIFIC INSURANCE
COMPANY. and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which is still in full force and effect.
IN WITNESS "'HEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of year of
♦N'rr f'_ Y ��aW .LLIhpF
• sr
PetTw_
ii i JCJ�L
Assistant Secretary _ _
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of SAN FRANCI SCO
On JULY 29. 1998 , before me, D. B. COLLADO, NOTARY PUBLIC ,
Dale flame"Tnhe d Othear (a g . -Jane Doe, Notary Pubhc7
personally appeared HELEN A. WEIRES
Namets) a s gner,$)
ri personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
rr capacity(ies), and that by his/her/their
D. B. COLLADO 1 sigrature(s) on the instrument the person(s), or
�' COMM. t 1187421 � the entity upon behalf of which the person(s)
WTA" K" - CALVDFM acted, executed the instrument.
au+AuaustoCDOM to
rycam+►�ax,.,aaoc�J
WITNESS my hand and official seal.
Place Notary Seal Above _ Stnature oh Noary Pubic
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _ PAYMENT BOND
Document Date: JUU 29. 1998 _ Number of Pages:
Signer(s) Other Than Named Above: NONE
Capacity(ies) Claimed by Signer
Signer's Name: 11ELEN A. WEIRES
02
❑ Individual
Top of cxrno Here
❑ Corporate Officer —Title(s):
❑ Partner — ❑ Limited ❑ General
M Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing: RELIANCE INSURANCE COMPANY
0 1997 National Notary Assodaaon - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth. CA 91313-24M Prod. No. 5917 Reorder. Call Tcd-Free 1.900-876-M7
Bond No. B257 87 71
RELIANCE INSURANCE COMPANY
HEAD OFFICE. PHILADELPHIA. PENNSYLVANIA
PERFORMANCE BOND
The American Institute of Architects, AIA Document A311, February 1970 Edition.
KNOW ALL MEN BY THESE PRESENTS: that (Here insertfull name and addressor legal title of Contractor)Amelco Construction,
A Division of Amelco Industries
19208 South Vermont Avenue, Gardena, CA 90248
as Principal, hereinafter called Contractor, and, RELIANCE INSURANCE COMPANY, a corporation of the State of Pennsylvania, with
its Head Office at Philadelphia, Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name
and address or legal title of owner) the City of Huntington Beach, 2000 Main Street, Huntington Beach,
CA 92648
as Obligee, hereinafter called Owner, in the amount of One Hundred Twenty—four Thousand Three Hundred
Ninety—three and No/100----------------------------------------------------------------
---------------------------------------------------------------------------------------
------------------------------------------ Dollars ($ 124, 393.00------ ), for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated July 27, 1998 , entered into a contract with Owner*Ur
to Construct Police DNA Laboratory Expansion Project
in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's
obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and conditions, or
2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety
of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a de-
fault or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may
be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this Garaglaph,
shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly
paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the
contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or
the heirs, executors, administrators or successors of Owner.
Signed and sealed this 29th
day of Ju y 19 98
(Principal) (Seal)
MARK S. ANGELICH, PRESIDENT
(Title)
RELIANC INSURANCE COMCANY
G, 71
41
Helen A. Weires (Title) CT
SIB 5715ax 11) Printed in U.S.A.
THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware,
and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the
Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of
Wisconsin (herein collectively called "the Companies') and that the Companies by virtue of signature and seals do hereby make, constitute and appoint
Helen A. Walres, Mary R. Berry, Bradley N. Wright, John T. Lettieri, Dawn Shanley, Carol B. Henry, Katsuko Takata, of San Francisco, California
their true and lawful Attomey(s)-in-Fad, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and
undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby
ratifies and confirms all that their said Attomey(s)-in-Fad may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE
INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in
full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have
power and authority to (a) appoint Attoreey(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recogniances, contracts of indemnity and other writings obligatory in the nature
the a if, and (b) to remove any such Attorneys) -in -Fact at any time and revoke the power and authority given to them.
2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of die Poorer of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings,
tettogniances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate no is not necessary for the validity of any bonds and undertakings recognizances, contracts of indemnity and other
writings obligatory in the nature thereof.
3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recogniances, contracts of indemnity or other conditional or obligatory undertakings and they shall
also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof.
This Power of Attorney is signed and sealed by facsimile order and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company,
United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial Committee of the Board of Directon of Reliance
Surety Company by Unanimous Consent dated as of March 31, 1994.
*Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such
Power of Anornhey or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures
and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this June 11, 1998.
RELIANCE SURETY COMPANY
s�nsr,. e1MaURM, �,�hNpF RELIANCE INSURANCE COMPANY
i•oavo�ros(rvx%
��°oapO�f ; ��oas�e�'tia UNITED PACIFIC INSURANCE COMPANY
�SEALm >"SEAL' ; SEAL`' RELIANCE NATIONAL INDEMNITY COMPANY
V Sc19592 0
` r99a
I
STATE OF Washington }
COUNTY OF King )SS.
On this, June 11, 1998, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of
the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as
such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as
its duly authorized officer.
i
In witness whereof, I hereunto set my hand and official seal.
Pl."
i 34-M Public in and for the State of Washington
w Residing at Puyallup
1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE
COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of
SJ a ry �,,,. UnMNe� r, ,Nallq �,i lrUpF.
o" aPOq_ o'4
< uSEALSEAL
� � � "SEALm
W A
` r993,
'' rasa '34'scor>s�a sistantSecretary
�tlnw�wt,w �4t w ��
year of
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of SAN FRANCISCO
On JULY 29,1998 , before me, D. B. COLLADO, NOTARY PUBLIC ,
Date Name and True of OttKer to 9. Jane Doe. Notary PLOW)
personally appeared HELEN A. WEIRFS
Nametsl o1 SV,nerlel '
N .« D. B. COLLADO 1
to CCMM. # 1187<21
N=Mrf ROX • t:�uFowzt
8 1 P.64
WX= CJ T1 N
MI Cm [� 4,410. tort
Place Notary Seat Above
X' personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by hisfher/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Sprature o1 Neury PLO C
OPTIONAL
Though the Information be.'ow is not required by law, it may prove valuable 10 persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
PERFORMANCE BOND
Document Date: _ JULY 29, _1998 Number of Pages:
Signer(s) Other Than Named Above: NONE
01
Capacity(ies) Claimed by Signer
Signer's Name: HELM A. WEIRES
❑ Individual '
Top of Uwmo Here
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
LS Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: RELIANCE INSURANCE COMPANY
0 1997National Notary Anoaation • 9350 Oe Sato Ave . P.O. Box 2402 • Cnatawortn. CA 91313.2402 Prod. No. 5907 Reader. Can TWree 1.800.875.8827
MAINTENANCE BOND
Bond No. B257 87 71—A
RELIANCE INSURANCE COMPANY
HEAD OFFICE, PHILADELPHiA. PENNSYLVANIA
KNOW ALL MEN BY THESE PRESENTS, that we Amelco Construction, A Division of
Amelco Industries
19208 South Vermont Avenue, Gardena, CA 90248
as Principal, ,and RELIANCE INSURANCE COMPANY, a Pennsylvania corporation, as Surety, are held and
firmly bound unto the City of Huntington Beach, 2000 Main street, Huntington Beach,
CA 92648
as Obligee, in the full and just sum of One Hundred Twenty—four Thousand Three Hundred Ninety—three
andNo/100 ------------------------------------------------------------------------------
---------------------------------------------------- Dollars ($124,393.00------------- ),
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administra-
tors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a contract with the City of Huntington Beach
dated July 27, 1998 for Construction of Police DNA Lab Expansion
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of one year(s) after approval of the final estimate on said job, by the owner, against
all defects in workmanship and materials which may become apparent during said period, and
WHEREAS, the said contract has been completed, and was approved on
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one years)
from the date of approval of the said contract, the work done under the terms of said contract shall disclose
poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall
appear that defective materials were furnished thereunder, then this obligation shall remain in full force and
virtue, otherwise this instrument shall be void.
Signed and seated this 29 th
Witness:
p w�
CYN H]A L. GONZALEZ
Witness: / '-^
Carol B. Hbz
EDR•2308 ED. 7.71
day of July
,1993 .
AMELCO CONSTRUCTION, A DIVISION OF
AMELCO INDUSTRIES
BY: (/ /_ !/ '
rLARK S. ANZELICH. PRESIDENT
Principal
RELIANCE
�INSURANCE COMPANY
Helen A. Weires Att r IV
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware,
and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the
Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of
i Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint
Helen A. Weires, Mary R. Berry, Bradley N. Wright, John T. Lettieri, Dawn Shanley, Carol B. Henry, of San Francisco, California their true and
lawful Attorney(s)-in-Fad, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of
suretyship and to bind the Companies thereby as fully and to the same extent as If such bonds and undertakings and other writings obligatory in the
nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and
confirms all that their said Attorneys) -in -Fad may do in pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE
INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in
full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Via President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have
power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof, and (b) to remove any such Anorney(s)-in-Fact at any time and revoke the power and authority given to them.
2. Attorney(s)-in•Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings,
recognizarses, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings recognizances, contracts of indemnity and other
writings obligatory in the nature thereof.
3. AttornWs)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall
also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company,
United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance
Surety Company by Unanimous Consent dated as of March 31, 1994.
'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Artorney or any certificates relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures
and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this March 6, 1998.
RELIANCE SURETY COMPANY
SJaET,. ,�ww e,%sum tut.INOF RELIANCE INSURANCE COMPANY
4PP OAgm ;'`, ���PPORrT r°oPsORs� a UNITED PACIFIC INSURANCE COMPANY
SEAL _ °SEAL `" RELIANCE NATIONAL INDEMNITY COMPANY
SEAL a = u �19592 0
s �99a Zn-y. � ' rats y`)'PCOt1°'�aa�
�E/AW+wE 'Nr2 ria-"'t R`'t'Na V Jay • It>,
STATE OF Washington }
COUNTY OF King ) SS.
On this, March 6, 1998, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of
the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as
such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as
its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal. `t
NOTAM
N ary Public in and for the State of Washington
w
0Residing at Puyallup
I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE
COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 29 th day of July year of 1998.
40 PPO
: VO R1i to 'Rim u 2� <
SEAL" SEAL a u SALm
o
a3
�Z
Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of ,San Francisco
On 07/29/98 , before me, D. B. Ccllado, Notary Puhlir ,
Date Narre a+W tim of onKer (a 0 . jaie Doe. notary PutW)
personally appeared Uelen A. W - - ,
N&ffWsl of SIMMS)
.•.. D. B. COLLADO
COMM. 111 67421
WUAYPAC-CVj4N*U to
LM PFA C= COU M to
W Cm tlt N Jere ri. W
Ptaoe Notary Seal Above
x7 personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signa'ure(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
s"lure of Notary Pubbe
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattactiment of this form to another document.
Description of Attached Document
Title or Type of Document: Maintenance
Document Date: 07/29/98 _ Member of Pages:
Signer(s) Other Than Named Above: JILA
Capacity(ies) Claimed by Signer
Signer's Name: Helen A. Weirgs
❑ Individual
rop of lnuno We
❑ Corporate Off icer—Title(s):
❑ Partner -- ❑ Limited ❑ General
X] Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Aepresenting:Rellance Insurance t'orrany
0 1997 NaWW Notary Association • 050 De Solo Ave-. P.O. Box 2402 • Cha%-*M. CA 0 213-2a02 Prod. No. 5907 Reads,. Can Tdt-Free 1-800.87E-8827
Xjm('Y�/Qt
ACORD CERTIFICATEn OF LIABILITY INSURANCE�sR02 DATE
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lockton Insurance Brokers, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
725 S . Figueroa St., 35th Fl . ,M ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Los Angeles CA 90011 J j I + co •� 0 COMPANIES AFFORDING COVERAGE
I77 f COMPANYP""No. 213-689-0065 Fa:No. *236 889 0 0 O • L' . A St. Paul Fire t Marine
INSURED
COMPANY
B Liberty Mutual Insurance Co.
A1CLCO CONSTRUCTION
COMPANY
C Zurich Insurance Co.
19208 South Vermont Avenue
Gardena CA 90248
COMPANY
p
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE IMM.`DD/M
POLICY EXPIRATION
DATE (MMMDIYY)
LIMITS
GENERALLIABILIiY
GENERAL AGGREGATE 1 $2 0OO OOO
A
X COMMERCL4LGENEMUABILITY
KKOB300502
10/01/97
10/01/98
PRODUCTS -COMPIOPAGG 1 s 2 00O 000
CLAIMS MADE FXJ OCCUR
PERSONAL i ADV INJURY
s 1 O00 , OOO
EACH OCCURRENCE
131,000,000
X OWNER -Si CONTRACTOR'S PROT
FIRE DAMAGE IAnY one We) I f 50,000
MED EXP (Any on& pffson) Is 51000
A
AUTOMOBILE LIABILITY
X AWAUTO
KKOB300502
10/01/97
10/01/98
COMBINED S:NCLE LIMIT
S1,000,000
BODILY INJURY
IP&f pwson)
s
ALL OWED AUTOS
SCHEDULED AUTOS
BODILY INJURY
IP�f,ulderM
=
X HIRED AUTOS
X NON -OWNED AUTOS
APFAOVEM AS TO
GAIL F.UTTOti
ORM I
PROPERTY DAMAGE
s
CaM� �T`Fnh`�+LyY
GARAGE LIABILITY
" '
AUTO ONLY -EA ACCIDENT IS
ANY AUTO
`' .' CQs, A
torney
OTHER THAN AUTO ONLY:
EACH ACCIDENT
_
I
AGGREGATE 15
EXCESS LIABILITY
EACH OCCURRENCE 1115,000,000
A ,I UMBRELLAFORM
KKO8300502
10/01/97
10/01/98
AGGREGATE 155,000,000
---I{ OTHER THAN UMBRELLA FORM
Is
WORKERS COMPENSATION AND
EMPLOYERS LIABILFTY
.__ - ,
X WC BIATORY TUY + IO7N.1
ITS1 1
EL EACHACCIDENT s 1 000 000
B +TARTNERRIETOR/ INCL
PARTNERSE]IECUTIVE
I OFFICERS ARE: EXCL
iliC7-161-037944-017
10/01/97
10/01/98
ELDISEASE-POLICYUMIT1111,000,000
EL DISEASE • EA EMPLOYEE I s 1 000 , O00
OTHER
C
Builder's Risk i
IM 2821967
10/01/97
10/01/98
2,500,000 Per Project
Installation Fltr.
A�:`':.
t Aggregate
DESCRIPTION OF OPERA71ONS.LOGATiONS/VEHICLES'SPECUAL ITEMS
The City of Huntington Beach, its Agents, Employees and Officers are
additioaal insureds except workerscompensation as their interest may
appear as respects the named insured's operations.
CERTIFICATE HOLDER
CANCELLATION
HUNTING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL
City of Huntington Beach
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
Attn: Risk Management
2000 Main Street
Huntington Beach CA 92648
D EHTAnvE
ACORD 25S (1195)
CACORD CORPORATION 1988
07/30/1998 11:18 310-452-5545
POLICY NLTNIBER:
R.P06651479
VICTOR CORONA ARQUITECTO
L
IJAZU
�7x1 Goo.PO
THIS ENDORSEMENT CfIANGES THE POLICY. PLEASE READ IT CAREFULLY.
ENVIROTE0440
COMINIERCIAL GENERAL LIABILITY
AUTOMBILfi LIABILITY
ADDITIONAL INSURED — OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF IIUNTINGTON REACH, ITS AGENTS, OFFICERS AND EMPLOYEES
(If so entry appears above, infurmation required to complete this endorsement will be shown in
the Declarations as applicable to this endorscmctit.)
WHO IS AN INSURED, (Section ID is amended to include es an insured the person or
organization shown is the Schedule, but only with respect to liability arising our of "your work"
for that insured by or for you.
SUCH INSURANCE AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE
ADDITIONAL INSUREDS SHALL BE PRIMARY INSURANCL BUT ONLY AS
RESPECTS ANY CLAIMS, LOSS, OR LIABILITY ARISING OUT OF THE OPERATIONS
OF THE NAMED INSURED, AND ANY INSURUNCE MAINTAINED BY TIIE
Signed by:
sentative)
CG 2010 It 85 Copyright Insurance Services Office, Irc. 1984
Soi90'd ME M 9?9 ON W OOSSd $ 1vOB38 A31V330 uU 00:01 W SC-U .
CITY OF HU'�'rr%GTON BEACH
APPLICATION FOR INSL'R.ANCE REQTJME. fEN'TS WAIVER OR I IODIFICATION ;
1. MarnwTitle./Department of Requesting Staff je:,zber_ C—i2AC .G��_7�r,�.�= �h
2. Dau of Request_ � - -- -- - - -.
3. ;game of Contractor/Pern-inee_
�. Description of work to be performed_ l''0 C- C t nQ .cQ,. Qfa=-iL
Fr --IL. enA� 'Pa Ls ct= ? , sls 't o �)
5. Lcng,.h cf Contract
6. T%- of�Insurz.-tceW2a\eror:�iodif�eat3oaRe,;uesud:^,� ot,J `�[7y0 +OQ}r'�At31.0
(a) Linits: (b) Covmgc
7. Paso. for Request far WaiVtr cr Reductien of Urdu
S. Iderxifti• the risks to the City if ties request fcr \\ 4. er Cr rtodiitcations gmnttd
Dep=.
(this section to be comrlered br the Risk Manager)
Recommenda-tion:
Approve Den3 Risk%na er's I Y
(this section to be comrpleted ly the QrAzforne))
R=rnrnendaticn :
Approve ��-m
z^p-c-N- .; t: 's \ z:\ er..f :t Ie.. er.
er..e:nc t ,,,, is net) r sir.,.. icr s � t 5 t. -*, t Coi:tmittet 4rpro\•al is re;,�i:ed,
submit form-. to City Attorney's OSic to be pl red on the Benda_ Recon'.mendation: Approve Dcm•
City Council aprro\Kbv
ot] r cared for tills waiver. 1f Ci;% Cenncil approval is required, attach this form. to Lhe
RCA zAtr considerS. ement Commi.,:r. Tt3s ins;.rzhce N%iivtr [is] [is riot] on City Council agenda.
jmpfkhesarf;or0nsre-,I5Ii 1197
7
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!e'TH1S GlRT1FICATE 18 fSSUEb A8 A fr[ATTlR OF fNFpAf:EAT}pN Oit.Y a:CONFERS NO Rl0HT3 UPON THa CERTTEICATE HOLDgi,4MI CERT1FICDOES NOT A1rt!"!Dr EXTEND OR ALTER THE COVERAGE AFFORDED BY
Renton do A3SOCiet¢5 POLICIES BELOW. 5
_...................... ., .....� ..........._...._..._._..._................................ .
6U0 So litke Avenue. Suitt 303 COMPANIES APrOPIDWO COVCIIAQC
Pasadena CA 9110
(6Z6)y63.3t1701:vz.s Fox (626)$44-30�'I� ............+ ..... SIG ........... .............. ....: _.._ .... ....
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THIS t3 TQ Crg7IFY THAT 1141E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 1381LIED TO THE IN3V ED MAMED ABOV! FOR THE POLICY MUM
INOIyATEO, NOT,WTIT9TANOING ANY REOUIRCME4 r. TEPW CA CONDITION OF A V CONTAAC1 OR OTHER DOCUMENT WITH FISPECT TO WCH THIS
CfiIT ACATE MAY B_ LSSUED CA MAY PERTAIN, THE INSURANCE AFFOROED BY THE POLICIES DESCRIBED HEREIN 13 SMECT TO ALL T14E 7EAVS.
EXCI.L1043 AND CONDITIONS OF SUCH POLICIES. LIMITS S►+" MAY HAVE BEEN REDUCED SY PAID CLAIMS.
....... -
C] TY►E SA TNwaAN" POLCY kv wa>t i POLICY 1FP[C1YE :POLICY EPUWTIO!f usATrs
LTII. GATE (MVfj " DATEIA+Aut70fYY1 ;
.................. .......... .•. .......... s...... ... . ...... .
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9 LT►AaRe .LL $06w i AGOM4A% i
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DISEASE'- EACH IW%D'V- 1
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[AGGREDATE
'OEDUCTIRLE
DL9Cn;rr1CN OC prprATTba'ryt�Ga1TCKWE>«CLEs1IEC<il rtll:u .. .
CITY OF Hzx71,VGTON BEACH
ERICA. CHAPMONA'S,PR0!- MCR.
ZOOa A!A IN STREET
HUNTINCTON REACH CA
02648
y�'�~�rY��.� ,�...,. ....,na,�:e l!i� r :r�: r•1�e. =•:1 r.'''� w.:.+ Y�iA�l'.'�.. :?.�_
b SHOULD MA' OF THE ABOVE DESCAMED POLICIES BE CANCELLED WVIE Ti_ ,
ty EXPIRATION OATS THEREOF, THE ISSUING CCMPA•YY VNILLXXZXOEIe6TLMXXxx,e
MA;L 10 ' DAYS w IT"E.4 NOTICE TO THE CERnFICAT9 HOLCEA NAMED FO Trf
;:; LE.r<r, B1a)eNII rTeeExxxwcaa:x+acc�aAzaocxs�,cacxxK�lxxx�
MARYA. FECUP-4
A rl. ..
Go/vo •a ME W 929 'ON XVJ 0asS10 I ND1NM A3100 W s5 , so filial
OFFER LETTER
2
APPROACH TO
THE WORK
3
TEAM ORGANIZATION/
ORGANIZATION CHART
4
KEY STAFF RESUMES
5
SIMILAR PROJECTS
s
PROJECT SCHEDULE
8
9
10
AVER2Y 0 - READY INDEX- INDEXING SYSTEM
r�
11
.� AMELCO
41 � W 19208 5O. VERMONT AVE. • GA NNA, CA 90248-4414
1310) 327.3070
LICEM NUMBERS
213US, 2129T2, 49?X6
June 18,1998
CTFY OF HUNTINGTON BEACH
Dept. of Public Works
Attn: Eric R. Charlonne
2000 Main Street
Huntington Beach, CA 92648
Re: Design/Build Proposal for the Police DNA Laboratory Expansion
Dear Eric,
Amelco Construction is pleased to provide you with the attached proposal for the above
referenced project. We are a full service Construction and Construction Management
contractor whose abilities include design, engineering, management, value engineering,
conceptual estimating and several in-house construction trades.
Our proposal shall be valid for not less than 60 days.
If you have any questions or require additional information, please do not hesitate to
contact me.
Sincerely,
AMELCO CONSTRUCTION
A Division of Amelco Industries
Sean R. Hitchcoc
Project Manager
Maw
OR
OFFICES
LOS ANGELES 9 SAN MGO • SAN LEANDRO
P�
k.✓
AMELCO
Eb1w3
19208 SO. VERMONT AVE. • GARDENA, CA90248.4414
(310) 327.3070
LICENSE NUMBERS
2739H. 212972. 4973DO
APPROACH TO THE WORK
Amelco Construction shall utilize its expertise to interact with City staff to
provide an efficient Laboratory expansion that will meet the City's objectives
including budget and schedule requirements:
Our scope of services is as follows:
Programming
Amelco will communicate with the City to obtain a complete and thorough understanding of the
pertinent elements of the individual project. Amelco will schedule a Programming meeting with
City and designated representatives whose input is crucial to the outcome of the improved
Project. The purpose of this meeting will be to ascertain the City's goals and objectives for the
Project as well as the factors and elements necessary and critical to the success of the Project.
The City should be prepared to answer questions related to the Project which may consist of the
following topics:
A. City's present and future goals as they relate directly to the Project.
B. Area specific functions and use.
C. City's specific requirements and concerns related to design of the specific Project.
D. Scheme, theme and concept direction.
E. Specific Project budget considerations.
F. Specific functional issues related to specific items and areas of the Project including special
necessary layout or design.
City's ResponsibIli ties With respect to -Programming:
The City is responsible for providing Amelco with all known issues related to the particular
Project. City will make available to Amelco all individuals with whom Amelco desires to
communicate with in order to obtain a complete and thorough understanding of the nature of the
Project and its particular issues and impediments. City will make its best effort to make
available all information and individuals involved with the Programming effort within a timely
manner. Information introduced later in the design process which is considered pertinent to
design which has already been completed and which the City's desires to change will result in a
Change Order of additional fees charged to the City.
Relying on the information derived in Phase 1, Programming, Amelco will devise a loose and
conceptual design consistent with the requirements set forth by the City. The Schematic Design
will be developed in consideration of the various goals and impediments discussed with The City
and documented in the Programming Phase. Amelco does not represent that the concepts
presented by the Schematic Design is the actual and final design to be implemented. The intent
of the Schematic Design is to provide the City with an idea of Amelco's intended direction for
the individual Project design based on the information derived in the Programming Phase.
OFFICES r
LOS ANGELES • SAN DIEGO • SAN LEANDRO
M
AMELCO
Schematic Materials;
As a means of communicating the Schematic Design intent, Amelco will prepare drawings for
presentation of conceptual design approach. Presentation drawings may include loosely sketched
floor -plan layouts, elevation illustrations and materials of proposed finishes to help the City
understand Amelco's proposed design direction. All Schematic materials will be prepared and
presented loosely and may not be formally mounted to color -boards.
The city must thoroughly review and comment on all materials presented by Amelco. All
comments from City's designated managers and staff must be synthesized by the City
Representative and communicated to Amelco. Amelco will assume that all comments affecting
design direction have been communicated by the City to Amelco. The City must communicate
all comments to Amelco in a timely manner according to the Specific Project Schedule. Amelco
will proceed on to Design Development with the understanding that the City has provided
complete comments related to the Schematic Design Direction. The City further understands
and acknowledges that Schematic Design is the final opportunity to provide clarification, input,
feedback or other comments which require ad change in the design direction. The City must
thoroughly review all Schematic Design materials and all Specification Forms provided. The
City's approval of the Schematic Design direction established will be construed by Amelco as
the City's approval to proceed and will be confirmed as such in writing by Amelco. The City
must notify Amelco of any alterations to Schematic Design which must be incorporated into the
final Design Development Documents.
Design Developlcnt
Relying on the complete comments provided by the City in Schematic Design, Amelco will
further evolve the design process incorporating the City's comments. The Design Development
phase will provide the City with information sufficient to clearly define the proposed plan layout
in coordination writh the equipment layout. Additional information regarding specific finishes
and architectural treatments shall be provided during the Construction documents phase.
City Approval with respect t2 Design Development Documentation:
The City is responsible for reviewing all Design Development Documents. The City may ask
questions and seek clarification from Amelco for all design contained in the Design
Development documents. The City must approve all proposed design layouts, scale and
placement of furnishings; proposed design and architectural details; color and material
selections; and all other proposed items and issues which pertain to the Project.
UU411d0]
Deslgtt Development Alaterials:
Amelco will prepare documents and materials sufficient detail as it deems necessary such that
Amelco has a full and thorough understanding of the design, the scheme, theme or concept, the
finishes and the plan layout of the Project. Design Development materials might include the
following:
A. Specification documents of proposed finishes and accessories for most items involved in the
Project.
B. Floor plans depicting plan layout of walls, partitions, corridors, rooms, and proposed layout
of equipment for all affected areas of the Project.
C. Elevations, sections and plans depicting architect ml treatments of all affected areas of the
Project.
D. Preliminary Specifications of materials and methods.
Construction Documents:
Amelco will prepare all final Construction Documents for permitting and construction.
Documents:
Relying on the City's direction of the Design Development Phase, Amelco shall prepare all final
design and specification documents which are necessary to complete the Project including
preparing architectural construction documents necessary to file and obtain permits, and
construct. The following list is a definition of the Contract Documents which may be prepared:
A. Site Plan:
Illustrates the area of expansion as it relates to the overall site and existing facilities.
B. Construction Plans:
Indicates location of new walls, partitions, doors, windows, fixtures, and millwork items to
be constructed. Indicates specific dimension, cross referencing large-scale details,
specification schedules, ele%-ations and sections;
C. Reflected Ceiling Plans:
Illustrates architectural detail and layout of all Project related ceiling areas. Indicates ceiling
finishes to be installed. Provides specific dimensions and scale details. Indicates location
and placement of light fixtures, light covers, HVAC diffusers, access panels, and drapery
pockets;
D. Exterior and Interior Elevations:
k..J
AMFLCO
Illustrates in full architectural detail all relevant vertical surfaces involved in the Project.
Cross referenced to large-scale details, schedules and sections.
11. Building Sections:
Illustrates in full -detail all relevant architectural details as they relate to the existing
structure. Dimensions are detailed to describe the appropriate and accurate fabrication of all
design details. Cross referenced to large-scale details and specification schedules;
CityApproval with -respect to Interior Contrast Documentation:
The City is responsible for reviewing all Construction Documents. The City may ask questions
and seek clarification from Amelco for all specified items contained in all design contained in
any architectural documents.
permitting_•
Upon the city's approval of Construction Documents, Amelco will submit Construction
Documents for Plan -Check with the local governing agencies.
k."J Project. Amelco makes no representation as to the accuracy of the information furnished by
the City.
Construction activities shall commence immediately upon receipt of building permit.
Construction of the laboratory expansion shall be supervised by a full time project
superintendent whom is supported by the project manager, engineer, contracts
administrator, general field superintendent, purchasing agent and estimator in our home
office. The project manager and project superintendent shall be present at weekly
construction meetings to be held with City staff to discuss the daily operations until the
project completion.
3
't
AMELCO
"
19208 SO. VERMONT AVE. • GARDBA, CA 90248.4414
Vim*
1310) 327.3070
LICENSE MUMKn
273826, 212272. 4913D$
TEAM ORGANIZATION
Amelco Construction proposes to provide the following capacities for the
support of this project:
Project Manager
Project Architect
Project Designer
CAD Draftperson
Project Engineer
M.E.P. Engineers
General Superintendent
Project Superintendent
Purchasing Agent
Contracts Administrator
Clerical
Note: Resumes of key personnel following in proposal package.
OFFICES
LOS ANGELES + SAN 01EG0 • SAN LEANDRO
IN
Sean R. Hitchcock
Project Manager
Project•Architect Project Superintendent Project Engineer INI.E.P. Engineers
Victor Corona A.I.A I I Bobby Coons I I Glen Padgett
Project Designer Subcontractors
I Luis DeMoraes
Design Staff Estimating Purchasing Contract Adminstror
t
Proposed Proiect Manneer
SEAN R. HITCHCOCK
CONSTRUCTION PROJECT MANAGER
Construction Project Manager responsible for all project phases including estimating,
scheduling, contracts, cost control, field coordination, and project close-out.
PRE -CONSTRUCTION responsibilities include:
• Design review and coordination with specialty contractors for input on pricing options and
review of building systems.
• Developing budget pricing during schematic design phase and continuous updating and
refining of budgets throughout the design process.
• Defining potential problems in material availability or logistics throughout the project.
• Assisting Owner and Architect in the development of project plans and specifications, as
well as help to define pricing and scheduling alternatives.
CONSTRUCTION PHASE responsibilities include:
• Negotiating and writing subcontract documents.
• Coordinating and maintaining submittal schedules.
• Management and implementation of the project schedule.
• Maintaining the RFI and change order logs and insuring all information is current and
'�..J changes are priced in a timely manner.
• Reviewing change order pricing prior to Owner submission, insuring fair market pricing.
• Maintaining all meeting minutes.
• • Working closely with project superintendcirt to insure that specifications are met.
• Ensuring all punch list items are complete and all final project close-out documentation is
delivered to the Owner.
See attached list of recent projects completed.
EMPLOYMENT HISTORY
Amelco Construction. A Div. of Amelco Industries, Gardena, CA
January 1990 to Present: Construction Project Manager
Capitol Systems, Garden Grove, CA
November 1988 to May 1989: Assistant Project Manager: Handled change orders,
subcontracts, transmittals, submittals and estimating.
Barratt Homes, Irvine, CA
April 1987 to November 1988: Model Home Coordinator: Coordination between
construction subcontractors and design center for finalization of the model complexes.
Proposed Proiect Manager
SEAN R. HITCHCOCK
-y
EDUCATION:
California State University, Long Beach
Bachelor of Science Degree in Engineering
Construction Management Option & Safety Operations Certificate
Pepperdine University, Malibu
Master's in Business Administration
RECENT PROJECTS COMPLETED:
Sea -Land Services, TAS & Yard Mods, Port of Long Beach
Continental Park, Building Core, El Segundo, CA
Continental Mini -Suites, 880 Apollo, El Segundo, CA
TRW TF2 Airlock, Redondo Beach, CA
Continental Park Plaza, E1 Segundo, CA
POLB Administration Building, Long Beach, CA
Pier J M&R/Container Wash Bldg, Port of Long Beach
Continental Development Bldg. 14, El Segundo, CA
Hughes Aircraft TSSG & EDSG (Various Locations)
Xerox Corporation, El Segundo, CA
Sea -Land Services, Long Beach, CA
United Airlines VIP Lounge, LAX, CA
UCLA Medical Center, Los Angeles, CA
WE
$4,800,000.00
$3,000.000.00
$500,000.00
$3,000,000.00
$6,400,000.00
$800,000.00
$4,900,000.00
$850,000.00
$6,000,000.00
$400,000.00
$600,000.00
$300,000.00
$250,000.00
VICTOR CORONA, AIA
PROJECT ARCHITECT
Victor Corona is an Enviro Techno Principal -in -Charge of the design and management of all
architectural and interior projects. Mr. Corona has over 16 years of experience in California.
Be has worked on range of projects, by size, budget, and type. Ile is an expert in the
operations of AutoCAD Release 14 and maintakis direct involvement in the preparation of
construction documents and specifications.
Fduca1 m-
• California Polytechnic University, Pomona, Architecture
• Los Angeles City College
ReCi5tration:
• Architect 1995, California (C 25767)
Representative Projects:
Los Angeles County Sheriffs Department, Temple City Station Expansion, Temple City, CA;
City of Los Angeles Public Works, Los Angeles Convention Center Expansion and Remodel
of Existing Structure, Los Angeles, CA; City of Los Angeles Department of Recreation and
Parks, Venice Pier Renovation of Existing Public Facility, Venice, CA; City of Oxnard
Housing Authority, Pleasant Valley New Community Center, Oxnard, CA; Kaiser
Permanente, Panorma City Medical Facility Medication Rooms, Panorama City, CA.
LUIS DE MORAES
PROJECT DESIGNER
Luis de Moreas is an Enviro Techno Principal-bi-Charge of design and management of all
architectural and interior projects. Mr. De Moreas professional experience in design includes
programming, space planning, schematic design, contract documentation, contract
administration, budget forecasting, and project direction.
Fdurzatim: .
• University of California, Los Angeles, Interior &. Environmental Design
• California Polytechnic University, Pomona, Architecture
Rez_istration-
• Architect 1995, California (C 25767)
Epresentatiyc Pmiects:
City of Lynwood Regional Justice Center, 1.2 million Sq. Ft., Detention, Administration, and
Crime Lab Expansion, Lynwood, CA;
Los Angeles Police Academy, programming of all existing facilities
Beverly Hills City Hall, Tenant Improvement of office spaces
National Medical Enterprise, Santa Monica, 9,000 Sq. Ft. Corporate Office Space
City of Hope National Medical Center, New 4.ptory 100,000 Sq. Ft.
PROPOSED PROJECT ENGINEER
GLEN PADGETT
EXPERIENCE:
6/89 to Present: AMELCO CONSTRUCTION Gardena California
PROJECT ENGINEER/ASST. PROJECT MANAGER. Duties include
estimating, subcontractor selection, tracking, processing and forwarding
submittals, coordination of subcontractors, preparing and updated project
schedules (CPM and bar chart), field change order logginghracking, preparing
RFIs and maintaining RFl Log, attending project meetings, preparing meeting
minutes, and other administrativeAcchnical tasks.
1/89 to 6/89: AMELCO CONSTRUCTION, Gardena, California
WAREHOUSE/DRIVER. Duties included pick-up and delivery of all
materiaWequipment' to various job sites, small tools inventory and general
warehouse duties.
RECENT PROJECT EXPERIENCE:
• TRW Space & Electronics Group
Bldg. TF-2 Airlock (Class 100,000 Clean Room), Redondo Beach $2.8 million
• TRW Space & Electronics Group
Bldg. M-3 and R-1 Roof Mods. Redondo Beach S2.1 million
• Port of Long Beach
Pier M&:R Building/Container Wash, Long Beach $3.6 million
• Orange County Sanitation District
Seismic Retrofit @ Plant No. 2, Huntington Beach S1.5 million
• Continental Development Corporation
Continental Park Plaza, El Segundo S5.2 million
• Continental Development Corporation
2041 Rosecrans Avenue, El Segundo S4.8 million
EDUCATION:
1993 to 1997. Cal State University, Long Beach
Major. Construction Management (Degree 1997)
1989 to 1991: Washington State University
Major. Construction Management
PROPOSED GENERAL SUPERINTENDENT/SAFETY DIRECTOR
ROBERT W. COONS
EDUCATION: Westminster High School — Graduated 1968
Carpenter's Apprenticeship School — Graduated 1969
EXPERIENCE:
7186 to Present: AMELCO CONSTRUCTION Gardena, California
GENERAL SUPERINTEDENT. Duties include supervision of foremen and
work crews on several projects, coordinating material and equipment to those
projects, leading safety meetings and insuring that all safety regulations are
being followed. a
7184 — 6186:
HUGHESMCHARDS CONSTRUCTION —Superintendent
7182 — 6/84:
SIERRA LAND CONSTRUCTION — Drywall Foreman
11179 — 6182:
AMELCO CONSTRUCTION — Drywall Foreman
9f13—10f19:
BRYANT DRYWALL COMPANY — Drywall Foreman
6/71— 8/73:
HOMER CROY, INC. — Drywall Foreman
4170 — 6/71:
INTERIOR WALLS, INC. — Drywall Foreman
7/68 — 3r10:
INTERIOR WALLS, INC. — Drywall Apprentice 1 Journeyman
RECENT PROJECT EXPERIENCE:
• Boeing North American, Inc.
Bldg. 203-3 TMD-SCIF and Various Aerospace Tls, Anaheim $2 million
• Port of Long Beach
Hanjin Maintenance Buildings, Pier A. Berths A88-A96 S9 million
• Long Beach Transit
68•' Street Maintenance Facility, Long Beach SI I million
• TRW Space R Electronics Group
BIdg. TF-2 Airlock (Class 100,000 Clean Room), Redondo Beach $2.8 million
• TRW Space & Electronics Group
Bldg. M-3 and R-1 Roof Mods. Redondo Beach S2.1 million
• Port of Long Beach
Pier J MB.R Building/Container Wash, Long Beach S3.6 million
• Orange County Sanitation District
Seismic Retrofit C Plant No. 2, Huntington Beach $1.5 million
• Continental Development Corporation
Continental Park Plaza & 2041 Rosecrans, El Segundo $10 million
• Hughes Aircraft Company/Raytheon Company
Various Aerospace Tis, El Segundo, Fullerton, Long Beach $6.5 million
�I
5
k.J
AMELCO
19208 $0. VERMONT AVE. • GARDENA. CA 90246-4414
1310) 327-3070
UMNU MAIMS
273896. 212972, 427306
RELATED EXPERIENCE. DESIG, 'IBUILD
Over the years, Amelco has completed many design/build projects. The following are some of the
most recent fast -track, turn -key design/build projects:
CONTRACT AM PROIF(T MSC'RiPTION
$4,800,000.00 11uehes Bldg. A01 & A02
Long Beach, CA
$910,000.00 D.A.S. Car Wash
Wilmington, CA
$3,500,000.00 Lockheed B1601 Ops & B/670
AFP No. 42, Palmdale
Hughes Aircraft Co.
Jerry McGlasson (714) 522-4179
Distribution & Auto Service
Claudio Molina (310) 835-6000
Lockheed Martin Skunk Works
Gary Birch (805) 5724146
$629,000.00 Relocate GSE Ops to Plant 10 Lockheed Martin Skunk Works
AFP No. 42, Palmdale -Gary Birch (805) 5724146
RELATED EXPERIENCE:_PLM1.1C WORK
The following is a sampling of completed and current Public Works projects by Amelco.
$450,000.00 City of Culver City City of Culver City
Jasmine Left Station Pam Keyes (310) 253-5600
$2.475,000.00
Port of Long Beach Pier G
Port of Long Beach
NUR/Container Wash
Paul Johnson (562) 5904172
$1,582,600.00
UC Riverside Public Safety
UC Riverside
Building, Riverside
Theodore Chiu (909) 787.4201
$250,000.00
FAA/Relocate 1tiARACS
Federal Aviation Administration
Equipment, Palmdale
."BJ" Fisher (310) 725-7550
$2,150,000.00
USC Vivian & Hoffman
USC Design & Construction
Medical Research Facilities
Rick Jones (213) 740-3064
$3,181,600.00
Santa Clarita Comm. College
S.C.C.C.D.
Old Library & Labs Remodel
Jim Garland (626) 335-8781
Following this listing is a condensed listing of our Current Work in Progress and Projects
J Completed in the
Past 5 years for your further consideration in pre -qualifying Amelco for
this project.
OFFICES
!OS ANGElES a SAN DtEGQ +
`
SAN L1:ANDRO v
1�
f
i
i
1
t
i
Owncrfaient
Project & Locatiun
Project
Contact
'type of
Representative
Year or %
Description
Value
Contract
& Plwne No.
Complete
llanjin Maintenance Bidgs
Corisuuct (4)
Ron Bush
Pier A, Berths A88-A96
Steel Frame
56.2(l0,000.00
Lump Surn
Port of Long Beach
2%
Port of Long Beach
Ruildinn
(3101590-4172
Department of Labor
Long Beach Job Corps
New
Shri Stidhar
Center - Bldgs 7 & 8
Construction
$3,286.600.00
Lump Sum
Thomas Land Clearing
5%
Long Beach. CA
(310) 43&.6025
1900 Ave of Stars
Carl Gerber
Floors 17. 25, 26 & 27
FA.
5800,000.00
Lump Sum
N.A.&M.C.
10%
Century City. CA
Retrofit
(213) 485-9595
Continental Development
Core
Norm Charles
1" Fl Core & Shell
& Shell
S 1,600,000.00
Lump Sum
Continental Development
1
25%
El Segundo. CA
Construction
(310) 640-1520
Continental Ikecloprn ent
Retail rJac.nainnient
Norm Charles
Offsitcs
T.I.
$423,000.00
Lump Sum
ConunenuiJDevelopmcnt
30%
El Segundo. CA 90245
(310) 640-1520
f
AMELC4 CONSTRUCTION
Schedule "A"
Work in Progress
Owner/Client
Project & Location
Project
Contract
Type of
Representative
Year or %
Dcscriprion
Value
Contract
& Phone No.
Complete
Continental Retail
Norm Charles
F.ntertainnwnt Off -Sites
T.I.
$425,000.00
Lump Sum
Continental Development Corp.
30%
El Segundo. CA
(310) 640-1520
City of Culver City
Pam Keyes
Jasmine Lift Station
Lift Station
$450.000.00
Lump Sum
City of Culver City
45%
Culver City, CA
(310) 253-5600
Continental Park Plaza
Norm Charles
Theatre Court/Parking
T.I.
$750,000.00
Lump Sum
Continental Development Corp.
50%
Structure, FA- Segundo
(310) 640-1520
Northrop Site 3
Theron Spray
CTR Rearrangement
Aerospace
$500,000.00
Lump Sum
Northrop/Grumman
75%
Palmdale, CA
T.I.
(805) 272-b650
1901 Avenue of Stars
Fire/Safety
Carl Gerber
Levels hi, 2, 9, 10, 12
Retrofit
51,255,000.00
Lump Sum
N.A.B.M.C.
80%
Century City, CA
(213) 485-9595
Qantas VIP Lounge
Jerry Copelan
LAX -Tom Bradley
T.I.
$250,000.00
Lump Sum
Qantas Airways
80%
Terminal
(310)726-1409
AASF Bi-Fold Doors
LTC Bruce R. f3elhers
Stead Field
Military
$301,000.00
Lump Sum
UPSFO For Nevada
90%
Reno, Nevada
T.I.
(702) 887-7205
J I
Owncr/Cl icnt
Project & Location
Project
Contract
Type of
Representative
Year or %
Description
Value
Contract
& Phone No.
Complete
1901 Avenue
Fire/Safety
Tiberio Diblartinu
of the Stars
Retrofit
$680.000.00
Lump Sum
N.A.B.M.C.
80%
Century City. CA
(213) 485-9595
Union Bank
Luigi Rappino
Toluka Lake Branch
[lank
S9(x),000A0
Lump Sum
Union Bank Design & Coast.
85
Burbank, CA
Rcmudcl
(818) 895-4400
Qantas Airways
Jerry Copelan
Ticket Office
El Segundo. CA
T.IJOIfices
$100,000,00
Lump Sum
Qantas Airways
(310) 726-1409
90%
TRW Bldg. R-1
Space Park
Redondo Reach, CA
Sicsmic &
Roof
Modifications
$1,710,000.00
Lump Sum
Pat Vaughn
TRW Space & Electronics
(310) 813-2738
95%
Omni Hotel
]Hotel
Lump Sum
Sam Yacoub
Korean Restaurant
Restaurant
$1,980,000.00
& Time!
L.A. Omni Hotel & Centre
10D%
Los Angeles, CA
TT
Material
(213) 612-3929
D.A.S. Car Wash
LorMalWilmington Ave.
Wilmington
Vehicle
Wash
Facility
$910.000.00
Cost t fice
Claudio Molina
Distribution & Auto Service
(310) 835-6(X)0
100%
Union Bank
13300 Newport Ave.
Tustin. CA
Bank
Remodel
I
$1,120,000.00
I i
Lump Sum
I I
Luigi Rappino
Union Bank Design & Const.
11 (818) 895-4400
100%
1
s
It
M
P`
0
0
,r
L
A
AMELCO CONSTRUCTION
Schedule "A"
Work in Progress
Owner/Client
Project & Location
Project
Contract
Type of
Representative
Year or %
Description
Value
Contract
& Phone No.
Com late
1900 Avenue of the Stars
Sprinkler
Robert Lacko
6th Floor
Retrofit
$1,800,000.00
Lump Sum
N.A.B.M.C.
20%
Century City, CA
(213) 485.9595
Dept. of the Navy
Replace
Michael Valdez
MCD Camp Pendleton
Hangar Doors
$1,300,000.00
Lump Sum
Dept. of the Navy. ROICC
25%
Oceanside, CA
(619) 725-8214
Northrop Bldg. 301. Pkg 4
hangar
Theron Spray
AFP No. 42
Retrofit
$4.300,000.00
Lump Sum
Northrop/Grumman
30%
Palmdale, California
(80S) 272-8650
)BL/Narman Consumer
Gautam Sheth
9400/8500 Balboa
TllOffices
$1,450,000.00
Lump Sum
Harman Consumer Group
30%
Northridge, California
(818) 893-841 l
TRW TF2 Airlock
Class
Scott Delaney
One Space Park
100,000
$2,820,000.00
Lump Sum
TRW
40%
Redondo Beach
Clean Room
(310) 812-1196
TRW Bldg M-3
Roof
lack Stroud
One Space Park
Modifications
$985,000.00
Lump Sum
TRW
90%
Redondo Beach
(310)814-2326
Rockwell International
Tom O'Reilly
Bldg. 203
SCIF Room$
11
$1,500,000.00
1
Lump Sum
Rockwell International
90%
Anaheim, CA
(714) 762-3760
i
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i
.�.�..�iJ_'-ti�_.-.rc�'�t-Ysrffi�i�.hY4�•� 4 "k.s+�':a.zex.C�F.c'lk.G�A.. �. �,It4�
�+�. �•E. r_ a 3 ie. r '-�____r iE"r'•'MTie•�i���i it �f1 = .
I
F11
94
AMELCO CONSTRUCTION
Schedule "A"
Work in Progress
Owner/Client
Project & Location
Project
Contract
Type of
Representative
Year or %
Description
Value
Contract
& Phone No.
Complete
L.A. Omni Hotel & Centre
Sam Yacoub
930 Wilshire Blvd.
Misc. T.I.
$500,000.00
Lump Sum
L.A. Omni Hotel & Centre
70%
Los Angeles. California
(213) 629-4321 x3270
JBI.111arman Consumer
Manufacturing
Gautam Sheth
8400l8S00 Balboa
& Testing
$450,000.00
Lump Sum
Ilarman Consumer Group
80%
Northridge, California
Facility
(818) $93-8411
Northrop Bldg. 301, Pkg. 3
Hangar
Theron Spray
AFP No.42
Retrofit
$2,700,000.00
Lump Sum
Northrop/Grumman
85%
Palmdale. CA
(805) 272-8650
Ascom Timeplex
Norm Charles
841 Apollo
Office T.I.
$460,000.00
Lump Sum
Continental Development
95%
El Segundo. CA
(310) 640-1520
KPMG Peat Marwick
Iavier Gomez
725 S. Figueroa St.
Office T.I.
$310,000.00
Lump Sum
KPMG Peat Marwick
95%
Los Angeles, CA
(213) 95S-8321
National Life of Vermont
30.000 S.F.
Robert Lacko
1900 Avenue of the Stara
Office T.I.
$410,000.00
Lump Sum
N.A.B.M.C,
98%
Loa Angeles, CA
(213) 495-9593
Rockwell International
Tom O'Reilly
Bldg.203
SCW Rooms
$850A00.00
Lump Sum11
Rockwell International
J1
99%
Anaheim, CA
I I
I 1
(714) 762-3760
I
J
I
..�....
"ELCQ CONSTRUCTION
Schedule "A"
Work in Progress
OwnerIcbent
project & Location
Project
Contract
Type of
Representative
Year or %
Description
Value
Contract
& Phone No.
Complete
Northrop Bldg, 301, Pkg i
Hangar
Tbama Spray
AFP No. 42
Retrofit
$1,916.000.00
Lump Sum
NorthroplGrumman
98%
Palmdale, California
(805) 272-8650
Northrop Bldg. 307, Ph 3B
-
Theron Spray
AFP No. 42
Aerospace T-L
$820,0W.00
Lump Sum
Northrop/Grumman
98%
Palmdale, CA
(805) 272-8650
Rockwell Bldg. 203
SCIF &
Tom O'ReiIly
3370 Miraloma Ave.
Computer
$750,000.00
Lump Sum
Rockwell International
1995
Anaheim, CA
Rooms
(714) 762-3760
PEC of America
Manufacturing
George O. Smith III
Abraham Way
Facility
$1,100SM.00
Lump Sure
Hamm& Corporation
1995
Santee, CA
(310) 352-3070
Orange County Water Dist.
Piping System
Michio Miyake
Site Piping/Acid ConWnmt.
& Acid Contain
$140,000.00
Lump Sum
O.C.W.D.
1995
Fountain Valley, CA
Area Work
(714) 378-3232
Charles Schwab Co.
T.L Construction/
Robert Lacko
1900 Avenue of the Stars
Offices
$245.000.00
Lump Sure
N.A-B.M.C.
1995
Century City, CA
(213) 485-9595
TRW Bldg. 67
Seismic Retrofit
James Allen
Roof Modifications
& Exterior Repair
$394,000.00
Lump Sum
TRW
1995
Redondo Beach, CA
(310) 812-0195
i
AMELCO CONSTRUCTION
Schedule "A."
Work in Progress
OwnedClient
Project & Location
Project
Contract
Type of
Representative
Year or %
Description
Value
Contract
& Phone No.
Complete
Continental Park Plaza
T.L Construction
Nornn Charles
2041 Rosecrans Ave.
100,000 SF
$6,200,000.00
Lump Sum
Continental Development
95%
El Segundo, CA
(310) 640-1520
Northrop Bldg. 333
Theron Spray
AFP No. 42
Aerospace T.I.
$1,795,000.00
Lump Sum
Northrop/Grumman
95%
Palmdale, CA
(805) 272-3650
Fast Interstate Tower
John Springelrtteyer
Building
General Offices
$310,000.00
[gimp Sum
Compass Management
On -Going
Los Angeles. CA
(213) 614-5555
TRW Space & Defense
SCLF/Labs &
James Allen
One Space Paris
General Office
$2,300,000.00
Lump Sum
TRW
On -Going
Redondo Beach. CA
Various B1dgs.
(310) 812-0195
Hughes Space &
Offices/LAbs
Don Bruss
Communications Group
Clean Rooms
$1,960,000.00
Lump Sutra
Hughes Aircraft Co.
On -Going
El Segundo, CA
Various Bldgs.
(310) 33S.4634
Hughes Research Labs
T.L(Various
Dick Berry
3011 Malibu Cyn ]toad
Labs & Offices
$1,960,000.00
Lump Sum
Hughes Research Labs
On -Going
Malibu, CA
(310) 317-5413
Ems 1.91
Union Bank
T.LNarious
Cost Pius
Ed Lewin
445 S. Figuoera St.
Floors
$Z240,000.00
Fixed Fee
Union Bank Design & Const.
On -Going
Los Angeles, California
Sam SP
(818) 895-WS
r
I
y
AMELCO CONSTRUCTION
Schedule "B"
Representative Proj ects
Owner/Client
Project & Location
Project
Contract
Type of
Representative
Year or %
Description
Value
Contract
& Prone No.
Complete
UCLA Jerry Lewis
Doug Williams
Student Center
T.I. Construction
$137,000.00
Lump Sum
R.E, Williams & Sons
1995
Los Angeles, CA
Office Building
(310) 32.84790
Union Bank
Ed Lewin
11th Floor
T.L Construction
$200,000.00
Lump Sum
Union Bank Design & Const.
1995
Los Angeles, CA
Office Building
(918) 995- 405
TRW Bldg. M-2 High Bay
James Abet►
One Space Park
Aerospace T.L
$374,000,00
Lump Sum
TRW
1995
Redondo Beach, CA
(310) 812,0195
BDO Seidman
Robert Lasko
Bristol Parkway
T.L Construction
S320,000.00
Lump Sum
N.A-B.M.C.
I
1995
Costa Mesa, California
Offices
(213) 485-9595
CCTV Acquisition
Leon Tighe
Maple Avenue
T,L Construction
$20,000.00
Lump Sum
Architect
1995
Torrance, CA
Offices
(310) 543-2010
CompexBase Building
Norm Charles
941 Apollo Ave.
General Office/
$1,900,000.W
Lump Sum
Continental Development
1995
El Segundo, CA
Computer Room
(310) 640.1520
Hughes Aircraft Co.
T.IJVadous
Lamp Sum
Bill Eckburg
Various Buildings
Buildings
$2,2A0,0WM
& Cost Plus
Hughes Aircraft Co.
1995
El Segundo, CA
110.000 SF
Fixed Fee
(310) 616-0729
3 '
�, �,�rnr .��ti.:, ��� +�-i.- — t.. w, .,.aucl�i�r, s,:_ ,.Txa. s '-�'..�. '. `.aa •' ,. .'�. '.a ...wY - •,,. ,.,,,. y, .� ,,.. �..' � .'..i,
icy ..s �di'�'l',��:iaf�cxhEarJri �FP7vc�F , � '•4 Yw"�Y
login' .... ..
AMELCO CONSTRUCTION
Schedule "B"
Representative Projects
V 1'y nedCliCnt
Project & Location
Project
Contract
Type of
Representative
Year or %
Description
Value
Contract
&Phone No.
Complete
Rockwell Bldg. 241
Tom O'ReilIy
3370 Miraloma Ave.
Seismic Retrofit
$550,0W.00
Lump S um
Rockwell International
1995
Anaheim, CA
(114) 762-3760
Northrop Bldg, 307, Phase I
Theron Spray
AFP No. 42
Aerospace TI &
$2,110,000 W
Lump Sum
Northrop/Grumman
1995
Palmdale, CA
Seismic Retmfit
(SOS) 272-86.50
TRW Bldg. 150A
James Allen
Space Park
Seismic Retrofit
$350,000.00
Lump Sum
TRW
1995
Redondo Beach. CA
60,000 SF
(310) 912-0195
Xerox Corporation
Dotuna Finkle
Various Buildings
T1JOffices
$4,000,000.00
Lump Sum
Xerox Corporation
1995
El Segundo. CA
200,000 SF
(310) 333-7011
Hughes 675
Computer Rooms,
Jim Doyle
Propulsion Relocation
SCIF & Labs
$2,200,000.00
Lump Sum
Hughes Aircraft Co.
1995
Fullerton to El Segundo
55,000 SF
(310) 416-2389
USCIVivian & IIoftman 11alls
Rick ]ones
Stauffer/Hoftman Medical
Sprinkler
$2,150,000.00
Lump Sum
USC
1995
Laos Angeles, CA
Retrofit
(213) 740-3064
Northrop 333
Lump Sum
Theron Spray
AFP No. 42
Security &
$2.400,000.00
& Cost Plus
Northrop/Grumman
1994
Palmdale, CA
Site Work
Fixed Fee
(805) 272.9650
II
AMELCO CONSTRUCTION
Schedule "B"
Representative Pro* ects
Owner/Client
Project & Location
Project
Contract
Type of
Representative
Year or %
Description
Value
Contract
do Prone No.
Complete
Cigna First
T,L Construction
Donna Clark
Irvine, California
Offices
$500,0W.00
Lump Sum
Koll Co.
1994
(714) 933-8648
Port of Long Beach
David Holtz
Pier F - Fire Station
T.L Construction
$180,000.00
Lump Sum
Port of Long Beach
1994
Lang Beach, CA
50,(x►)SF
(310) 590-4172
Port of Long Beach
Robert Johnson
Pier G - M&R Bldg &
Core & Shelf
$Z475,000.00
Lump Sum
Port of Long Beach
1994
Container Wash
wJ T.I.
(310) 590-4172
Baxter Healthcare
T.L Labs &
Cost
Bert Chai
Irvine, CA
Offices
$500,000.00
+
Baxter Healthcare
1994
15,000 SF
Fixed Fee
(818) 507-SUD
Port of Long Beach
T1
David Holtz
Administration Bldg.
Construction
$816,000.00
Lump Sum
Port of Long Beach
1994
Long Beach, CA
(310) 590-4172
L.A. Hilton Hotel
Sam Yacoub
930 Wilshire Blvd.
Sprinkler
$720,000.00
Lump Sum
L.A. Omni Hotel
1994
Los Angeles, CA
Retrofit
(213) 629-4321
Orange County Sanitation Dist.
Seismic Retrofit
John Linder
District Plant No. 42
Sanitation Plant
$1,347,000.00
Lump Sum
O,C.S.D.
1994
Huntington Beach, CA
35,000 SF
(714) 962-2411
t
L
�. v.:.::s:u.�-:�.. ,�J.NSF:-.:<�.�•__.�r�.�s+w�„t..s+..: �+�:J.:..; �,:...�... ns+'�-lt�
..J
AMELCO CONSTRUCTION
Schedule "B"
Representative Projects
Owner/Client
Project & Location
Project
Contract
Type of
Representative
Year or %
Description
Value
Contract
& Phone No.
Complete
Continental Development Corp.
Metal Stud
Don Downs
Bldg. 14
Framing &
W4,O00.OQ
Lump Sum
Continental Dev. Corp.
1993
El Segundo. CA
Drywall
(310) 640-1520
Baxter Healthcare Corp.
Bert Chai
Custom Sterile Division
Clean Rooms/
54,300,000.00
Fixed Fee
Baxter Healthcare
1993
Ontario, CA
Labs
(818) 507-5"0
Hughes Bldg. 675
lack Paulsrud
1901 W. Malvem
SCIF&
$4,634,000.00
Lump Sum
Hughes Aircraft Co.
1993
Fullerton, CA
Clean Rooms
(310) 616-0727
Airpon Marina Center
Bill Reid
Marina Del Rey, CA
T.L Construction
$293,OW.00
Lump Sum
Tooley & Co.
1993
(310) 473-9505
Manitoba West
Stuart Hainwn
Townhomes & Condos
Seismic Retrofit
$4,900,000.00
Cost + Fee
Homeowner's Assoc.
1993
Playa Del Rey, CA
182 Units
Not to Exceed
(310) 578,2411
Baxter Healthcare Corp.
Clean Roomsl
Time
Joe Noble
Irvine, CA
Labs/General
S2,890,000.00
&
Baxter Healthcare Corp.
1992
Offices
Material
(714) 756-4207
Versysss, Inc.
Leon Tighe
Vermont Avenue
T.IJOIrices
$475.000.00
Lump Sum
Architect
1992
Torrance, CA
60,000 SF
(310) 318-9090
AMELCO CONSTRUCTION
Schedule "B"
Representative Projects
owner/Client
Project & Location
Project
Contract
Type of'
Representative
Year or 5fs
Description
Value
Contract
& Phone No.
Complete
Medtronic
T.L Construction
Bill Rosenberger
Cardiopultninary Division
Offices &
$1,115,000.00
Lump Sum
Medtronic
1992
Anaheim. CA
Labs
(714) 778-3700
....... ""' ..............
Ritz- Carlton Hotel
Metal Stud
John Winters
Marina Del Rey, CA
1"raming/Drywall
S6,158,000.o0
Fixed Fee
Ritz -Carlton
1991
& Electrical
(310) 579-5862
Sea -Land Services, Inc.
Auto Container
Bob Bennett
Port of Long Beach
Wash
$475,000.00
Lump Sum
Sea -Land Service
1991
Long Beach, CA
Facility
(201) $20-7151
Baxter Healthcare
Joe Keeyes
Pharmaseal Division
T.L Construction/
$376,000,00
Lump Sum
Baxter Healthcare Corp.
1991
Rye Canyon, CA
Offices/tabs
(905) 253-1300
Hughes Aircraft
Time
Jerry McGlasson
Bldg. A-01 & A-02
Design(Build
$4,800,000.00
&
Iiughcs Aircraft Co.
1991
Long Beach, CA
Officesa abs
Material
(714) 522-4179
Baxter Healthcare Corp.
Joe Noble
Bentley Division
TJAAbs
$250,000.00
Lump Sum
Baxter Healthcare Corporation
1991
Irvine, CA
& Offices
(714) 756.4207
Hughes Bldg. 250
Dick Berry
Fire Corridors
Fire Corridor
$700,0W.00
Lump Sum11
Hughes Research Labs
1991
Malibu, CA
Construction
I I
I I
(310) 317-5413
..-
CITY OF HUNTINGTON BEACH
POLICE DNA LABORATORY EXPANSION
ID
a
Task Name
Duration
August September October
November Dec
7/28 8/2 8/9 S 8/23 &301 916 9113 1 9/20 1 9/27 1 1014 10/11 10/18 10125
11/1 1 11/8 11/15 11/22 11/29
1
Design Phase
51 days
f
1
I
1
2
Programming
1 wk
3
Schematic design
1 wk
4
City review and approval
3 days
5
Design development
1 wk
6
City review and approval
3 days
7
50% construction documer
2 Wks
8
City review and approval
1 wk
9
100% construction dowm[
1 wk
10
City review and approval
1 wk
11
Plan check and permitting
2 wks
12
Construction Phase
50 days
13
Subcontractor pricinij
2 wks
14
MEP engineering
2 wks
15
Construdion activities
8 wks
!
16
Final
0 days
AMELCO CONSTRUCTION
Hitc Seanheocik
Date, Thu 6/18198
Task Summary Rolled Up Progress
Split Rolled Up Task ' External Tasks
���������"",,,,,,
Progress Rolled Up Split Project Summary
Milestone Rolled Up Milestone O
Page 1
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve the DesignlBuild Contract for the Potice
Department DNA Laborato Expansion Project; CC-1082
COUNCIL MEETING DATE: August 17, 1998
RCA ATTACHMENTS
STATUS
Ordinance wlexhibits & legislative draft if applicable)
Not Applicable
Resolution wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
Si ned in full by the City Attome
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form ty Ci(y Attome
Not Applicable
Certificates of Insurance (Approved 4y the Cit Attome
Attached
Financial Impact Statement Unbud et, over $5,000
Not Applicable
Bonds If ap
plicable)Attached
Staff Report If applicable)____
Not Applicable
Commission, Board or Committee Report if applicable)__
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORW ED
Administrative Staff
Assistant City Administrator lnitial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM: