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HomeMy WebLinkAboutGradient Engineers, Inc. - 1998-05-18M4'-h f Y'a' e W44 )nes z-ee - WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder No Fee 19990328285 11:36am 05/05/99 005 14023869 14 23 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 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 Gradient Engineers who was the company thereon for doing the following work to -wit: Underground Storage Tank Removal & Replacement Project; Civic Center, Murdy, Lake, Gothard and Warner Fire Stations — CC-1066 That said work was completed April 5, 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, April 5, 1999. That upon said contract The Insurance Company of the State of Pennsylvania 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 22°d day of April, 1999. City Clerk and ex-officso Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCK WAY, the duly elected and qualified City Clerk and ex-officio 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 22°d day of April, 1999 City Clerk and ex-officio Cleik of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNCINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, mimcr 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 Gradient Engineers who was the company thereon for doing the following work to -tit: Underground Storage Tank Removal & Replacement Project; Civic Center, Murdy, Lake, Gothard and Warner Fire Stations -- CC-1066 That said work tvas completed April 5,1999 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, April 5, 1999. That upon said contract The Insurance Company of the State of Pennsylvania was surety for the bond given by the said company as required by late. 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 22'd day of April, 1999. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orangc ) ss: City of Huntington Beach ) I, CONNI M BROCKWAY, the duly elected and qualified City Clerk and ex-offcio CIerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COINTLETION is true and correct, and that said NOTICE OF COWLEnON w-as 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 22`4 day of April, 1999 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r 0 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 21, 1999 Gary Granville County Recorder P. O. 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. Sincerely yours, el��4x"'Uat Connie Brockway City Clerk CB/cg Enclosure: Notice of Completion — CC-1066 — Underground Storage Tank Removal and Replacement Project, Civic Center, Murdy Lake, Gothard and Warner Fire Stations (Telephone: 714-536-5227 ) ITY OF HUNTINGTON BEACrti MEETING DATE: April 6,1999 DEPARTMENT ID NUMBER: PW 99-16 Council/Agency Meeting Held: ,,, 5—q9 Deferred/Continued to:� P App�ved ❑ Conditionally Approved ❑ Denied City Clerk's natur s n .; C: Council Meeting Date: April 5,1999 Department ID Number: CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION D SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS tJCD nl-T, a SUBMITTED BY: RAY SILVER, City AdministraV41W 7 PREPARED BY: .2OBERT F. BEARDSLEY, Director of Public Work 4.SUBJECT: Accept the Underground Storage Tank Removal & Replacement Project; Civic Center, Murdy, Lake, Gothard and Warner Fire Stations; CC 1066 and File Notice of Completion Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments Statement of Issue: Gradient Engineers has completed its contract for the construction of the Underground Storage Tank Removal & Replacement Project; Civic Center, Murdy, Lake, Gothard and Warner Fire Stations; CC 1066. Funding Source: Sufficient Capital Improvement Funds were approved for this project. Recommended Action: Motion To: 1. Accept the Underground Storage Tank Removal & Replacement Project; Civic Center, Murdy, Lake, Gothard and Warner Fire Stations; CC 1066 at a final cost of $449,511.00 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. 10661gradlent1notice of comple -2- 03103/99 4:21 PM REQUEST FOR COUNCIL AC71ON MEETING DATE: April 5,1999 DEPARTMENT ID NUMBER: PW 99-16 Analysis: On May 18, 1998, Council awarded a Design/Build contract to Gradient Engineers in the amount of $402,776. The adopted project budget also included $55,300 to cover potential change orders, for a total of $458,076 to construct the Underground Storage Tank Removal & Replacement Project; Civic Center, Murdy, Lake, Gothard and Warner Fire Stations; CC 1066. The May 18, 1998, Council Action did not include potential costs for environmental clean- up or soil remediation, therefore no funds were approved for this work. We did include, in the scope of work, an environmental cost matrix that was to be used in the event that contaminated soil was encountered during the course of construction. The removal of the existing underground storage tanks and associated piping resulted in approximately 200 tons of contaminated soil that required special disposal. All of this soil was a result of leaking piping and not the tanks' failure, which is usually the case. Sufficient funds are available in the current project budget and no additional funds are needed. The improvements are now complete per the 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 3. Contaminated Soil Subtotal: Council Approved $402,776.00 55,300.00 0.00 $458,076.00 Actual Expenditures $371,045.00" 51,388.00 27,078.00 $449,511.00 * The installation of new tanks and pumps at the Beach Maintenance Facility was eliminated from the original scope of work. Environmental Status: Not applicable. Attachment(s): RCA Author. Charlonne 10661gradienVnotice of comple -3- 03/04199 4:54 PM �w) RCA ROUTING SHEET I INITIATING DEPARTMENT: I Public Works SUBJECT: Accept The Underground Storage Tank Removal & Replacement Project for Civic Center; Murdy, Lake, Gothard and Warner Fire Stations; CC 1066 and File a Notice of Completion I COUNCIL MEETING DATE: I April 5, 1999 1 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & 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 City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to fonn by CityAttomey) 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 (1f 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 FOR A ED Administrative Staff { } ( ) Assistant City Administrator (Initial) { } ( ) City Administrator (Initial) { } ( } City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: A U CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK CALIFORNIA 92648 LETTER OF TRANS►MITTAL OF ITENI APPROVED BY THE CITY COi1NCIU REDEVELOPNTENT AGENCY OF THE CITY OF HUNTINGTON BEACH TO: /1&' T -Z;e . Name e strr R ✓i ne .��Fo��i�� City, state, zip ATTENTION: f& & DEPARTMENT: REGARDING: (le-- zQ h%IDP•e 6,eojN4 ,simz7 See Attached Action Agenda Item r = �� - Date of ApprovaL51 gb'p Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: 6�61�r Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement -V—/ Bonds —/— Insurance lX RCA Deed Other ' e-7 cc: .� .�m��'h P K/ E '9 eac, Name ley/ e a!'�har�oh A Department RCA � Aereem t lnsuranc 7 Name Department RCA 5urance Other Name Department RCA Agreement Insurance Other N --- Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name - Company Name - Date Qfollomvp/con erltr iTefophons: 714-536-52271 CITY OF HUNTINGTON BEACH opy MEETING DATE: 5118/98 DEPARTMENT ID NUMBER: PW 98-045 Council/Agency Meeting H Deferred/Continued to: WApprovecl,y O Conditionally Approved ❑ Denied Council Meeting Date: 5/18/98 Clerk's Signature Department ID Number. PW CITY OF HUNTINGTON BEACH�_� REQUEST FOR COUNCIL ACTION D ovdr'C r*� >�'rrk SUBMITTED TO: . HONORABLE MAYOR AND CITY COUNCIL MEMBERS .n � = SUBMITTED BY: G RAY SILVER, City AdministratoVX' � PREPARED BY: Daryl D. Smith, Acting Director of Public Works SUBJECT: Approve the Selection of two Design/Build Contracts for the Underground Storage Tank Removal & Replacement Project; CC-1066 Statement of Issue, Funding Source. Recommended Action, Alternative Action(s), Analysis, Environmental Status. Attachment(s) Statement of Issue: Proposals were received on April 1, 1998, from qualified design/build contractors to design, fabricate and install fueling systems for the City's Underground Storage Tank Removal & Replacement Project; CC 1066. Funding Source: Funds of $932,944 are available in Account Number E-CP-AS-142-6-39-00. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute the attached design/build contract with Tait and Associates, Incorporated, for a fee of $ 325,626 to provide design/build construction services for Package 1 of the Underground Storage Tank Removal & Replacement Project; and 2. Approve and authorize the Mayor and City Clerk to execute the attached design/build contract with Gradiant Engineers, Incorporated, for a fee of $ 402,776 to provide design/build construction services for Packages 2,3 & 4 of the Underground Storage Tank Removal & Replacement Project; and 0031313.01 -2- 05/08/98 3:46 PM ' I V V REQUEST FOR COUNCIL ACTION MEETING DATE: 5/ 18/98 DEPARTMENT ID NUMBER: PW 98-045 3. Authorize the Director of Public Works to expend a total of $932,944 which includes the above contract amounts totaling $661,272, estimated construction contingencies of $100,000 and supplemental expenditures of $104,542. Alternative Action(s): Deny approval of one or both of the contracts and forgo the project. This would require the City to place out of service all sites currently not able to meet Federal and State laws. Analysis: The Underground Storage Tank Removal & Replacement Project consists of the reconstruction of nine City owned fueling facilities. These facilities were identified in underground storage tank report presented to Council on September 15, 1997, and are shown on the attached site location map. Package 'I includes the Don Kiser Corporation Yard and Parks Yard. Packages 2,3 & 4 includes the Fire Training Center, Civic Center, Beach Yard, Gothard, Murdy, Warner & Lake Street Fire Stations. All of the critical equipment, such as tanks, pumps, dispensers, monitor system, Fuel management system and tank fill boxes have been pre -purchased by the City. This will save a significant amount of time, as most of these components are long lead time items. The Federal Environmental Protection Agency and the California State Water Resources Control Board administer public laws that require that all underground storage tanks (UST's) containing hazardous materials, including motor vehicle fuels, be brought into compliance with regulations intended to protect groundwater supplies. Compliance with these regulations will be achieved by the reconstruction of the affected fueling sites. The deadline for compliance is December 22, 1998. Failure to comply carries the risk of fines, revocation of operating permits and cancellation of liability permits. Staff has been aware of UST requirements, and limited consolidation of fueling sites has been in progress since 1990. To date, three sites have been eliminated (Magnolia, Heil and Bushard Fire Stations). This project will consolidate the Fire Training Center with the Gothard Fire Station facilities and eliminate the Murdy Fire Station fueling site. This project does not include potential costs for environmental clean-up or soil remediation. No investigatory borings have been made. Thus, there is no data available upon which to base clean-up or soil remediation. However, according to available records, none of the remaining sites has experienced an unauthorized release. If during the course of construction, it is discovered that there have been some releases, either in tanks or piping systems, then corrective action will have to be undertaken. The Request For Proposals (RFP) did include an Environmental Unit Cost Matrix that will be used as a basis for predicting costs should clean-up or soil remediation be required. Staff will bring back to Council the request for additional funds should clean-up or soil remediation be required that exceeds the available project budget. 0031313.01 -3- 05/08/98 3:46 PM REQUEST FOR COUNCIL ACTION MEETING DATE: 5118/98 DEPARTMENT ID NUMBER: PW 98-045 The $106,473 in requested supplemental funds will be used to hire an inspector who is familiar with the State and Federal regulations governing the removal and installation of underground- storage tanks. These funds will also be used for required pre -installation testing, compaction testing, purchase of equipment that was not previously ordered and pay for permit fees. On March 5, 1998, the following designtbuild firms were sent RFPs. • Gradient Engineers Incorporated, Irvine • Tait & Associates, Incorporated, Orange • Levin e-Fricke-R econ, Incorporated, Irvine • Groundwater Remediation, Orange • Law/Crandell, Incorporated, Orange • Universal Service, Temecula Five of the firms replied to the RFP. Levi ne-Fri cke-Reco n was not able to submit a proposal due to their current workload. A team of three staff members evaluated each proposal and came to the unanimous conclusion that both Tait & Associates and Gradient Engineers were highly qualified and recommended both firms to perform the design/build work. The Fees represented in both proposals are well within the anticipated project budget and they have demonstrated an ability to meet the critical design and construction time constraints. Environmental Status: The California Environmental Quality Act (CEQA) impacts will be determined during the design phase of the project. Attachment(s): 1. 1 Tait & Assoc. Agreement & Insurance 2. 1 Gradient Engineering Agreement & Insurance 3. Location Maa RCA Author: Charlonne 0031313.01 4- MOMS 4:34 PM 05/18/98 - Council/Agen6)Agenda - Page 9 U (9) E-10. (City Council) Approve The Selection Of Two Design/Build Contracts For The Underground Storage Tank Removal & Replacement Project - CC-1066 - Tait and Associates, Inc. (Package No. 1) And Gradient Engineers, Inc. (Package Nos. 2. 3 & 4 - Ci Yard/Park Tree Landscape Yard/Civic Center/Beach Yard/Fire Stations & Facilities -1. Approve and authorize the Mayor and City Clerk to execute the Agreement between the City of Huntington Beach and Tait & Associates, Inc. for the Underground Storage Tank Removal and Replacement at the City Yard, and the Park, Tree and Landscape Yard (CC-1066) a designlbuild contract for a fee of $325,626 to provide designlbuild construction services for Package 1 of the Underground Storage Tank Removal & Replacement Project; 2. Approve and authorize the Mayor and City Clerk to execute the Agreement between the City of Huntington Beach and Gradient Engineering, Inc., for the Underground Storage Tank Removal and Replacement at the Civic Center, the Beach Yard and the Fire Stations and Facilities (CC-1066) for a fee of $402,776 to provide design/build construction services for Packages 2, 3 & 4 of the Underground Storage Tank Removal & Replacement Project and 3. Authorize the Public Works Director to expend a total of $932,944 which includes the above contract amounts totaling $661,272, estimated construction contingencies of $100,000 and supplemental expenditures of $104,542. Submitted by the Acting Public Works Director (American Institute of Architects Performance Bond & Payment Bond No. 005010554, for Tait & Associates) (National Surety Specialists Performance Bond & Payment Bond No. PA7576012 for Gradient Engineers, Inc.) [Approved - 7-0] E-11. (City Council) Correction Of Contract Amount For Telecommunication Call Accounting Systems With Williams Communications Solutions, LLC (Limited Liability Co.) (600.10) - Approve and authorize the Mayor and City Clerk to execute the Agreement between the City of Huntington Beach and Williams Communications Solutions, LLC for Telecommunications Call Accounting contract in the corrected amount of $68,869.49. Submitted by the Fire Chief (Approved by City Council on May 4, 1998; reapproval requested in order to include the sales tax in the contract) [Approved - 7-01 F. Administrative Items F-1. (City Council) Provide Direction To Staff On A.Revised Street Sweeping Program (800.10) - Communication from the Acting Public Works Director requesting the City Council to provide direction to staff relative to whether the City should establish a program to post street sweeping schedules City-wide and cite parked vehicles that violate the posted schedules, and whether the street sweeping schedule should be increased to twice per month. Recommended Action: Direct staff to provide the Managed Competition Committee with a program for implementation of, and cost estimates for,[including revenues,Jretuming to twice per month street sweeping; and posting of the entire city to prohibit on -street parking on the days of street sweeping. [Approved as amended - 7-0] (9) V V ATTACHMENT 2 0019517.01 IY4 �. AGREENIENT BETWEEN THE CM OF HUNTINGTON BEACH AND GRADIENT ENGINEERING, INC. FOR TIIE UNDERGROUND STORAGE TANK REMOVAL AN'D REPLACEMENT AT THE CIVIC CENTER, THE BEACH YARD AND TIIE FIRE STATIONS AND FACILITIES (CC 91066) THIS DESIGN/BUILD AGREEMENT (the "Agreement'), made and entered into this io • - day of 1998, by and between the CITY OF HUNTINGTON BEACH, a municipal corporatioIth— e State of California, hereinafter referred to as "CITY", and GRADIENT ENGINEERING, INCalifornia corporation, hereinafter referred to as "DESIGN/BUILDER." 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 services for the removal and replacement of underground fuel storage tanks. WHEREAS, the CITY issued a Request For Proposals for the Project on March 5, 1998 ("RFP„)- and WHEREAS, DESIGN/BUILDER submitted a proposal to CITY in response to the RFP on April 1, I998 {"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 DESIGN/BUILDER as follows: ARTICLE 1 WORK STATENTENT 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; 9mpWs.=Vcdri-s8d4127r99 Huntington Beach Community Development Department and the California Coastal Commission; D. Preparation of Construction Documents; E. Construction of the Project; and F. OperationaI testing. 1.03 DESIGNBUILDER hereby - designates Jim Streitz, an individual, who shall represent DESIGNBUILDER and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. ARTICLE 2 COMMACT DOCUIMENTS 2.01 The "Contract Documents" shall consist of the following documents, all of which 1 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; (6 V F ► Le, I ►V C► ri/ CLeg K t3 6FF, CIE) C. The DESIGN/BUILDER's Proposal, attached hereto as Exhibit B; rVAI p/,4E /A/i 17Y CL«o dPIi e 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; a- + o,r'�v r'r Je -t' F-^eI 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. 2.04 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. 2 JmpWg:s&mdsmragd4R3199 V V ARTICLE 3 OWNER'S DUTIES AND RESPONSIBILITIES 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 Ri ht To Ston The Work. If the DESIGNIBUILDER 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 DESIGNIBUILDER, 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 DESIGNIBUILDER are not sufficient to cover such amount, the DESIGNBUILDER shall pay the difference to the CITY within thirty' (30) days of written demand from the CITY. ARTICLE 4 3TINTE OF PERFORMANCE 4.01 Contract Time. Time is of the essence of this Agreement. By executing this Agreement, DESIGNBUILDER confums 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 seven (7) 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. 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 (I0) 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 DESIGNBUILDER in writing. 3 Jmph/g:aZme1storage/4M/98 V U 4.03 Delays and Extensions of Time. A. If the DESIGNBUILDER 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 DESIGNIBUILDER'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 DESIGNBUILDER's written notice to the CITY of such interference. In the event the DESIGNIBUILDER's work has been delayed by acts constituting intentional interference by the CITY, the DESIGNBUILDER 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. 4.05 Amount of Liquidated Damages. If the DESIGNBUILDER fails to achieve Substantial Completion of the Work on or before the date specified hereinabove, DESIGNBUILDER and its surety shall pay to the CITY Iiquidated damages in the amount of 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 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, 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 4 jmpWS-agrcelstorage/4123198 V Q DESIGNIBUILDER, other than those caused by delay in achieving Substantial Completion. ARTICLE 5 COti'TRACT PRICE 5.01 In consideration of DESIGNIBUILDER's performance of the Work described herein, CITY agrees to pay DESIGN/BUILDER the Lump Sum Contract Price of. - Four Hundred Two Thousand Seven Hundred Seventy Six Dollars ($402,776) 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 DESIGN/BUILDER for all Work required by the Contract Documents. ARTICLE 6 PAYMENT AND 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 DESIGNIBUILDER 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 DESIGN/BUILDER 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 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 DESIGNIBUILDER is entitled to payment in the amount requested. B. In submitting each Application For Payment; DESIGN/BUILDER 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; 5 lmpWg' agrWstongc/S: G198 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 iiuly 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 DESIGNIBUILDER 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 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 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 DESIGN/BUILDER's performance under the terms of this Agreement. 6.04 ' Withholding of Paluents. 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 6 Jmp&/g:agme/storage/4/23198 An 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 DESIGNBUILDER 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 DESIGNBUILDER 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 DESIGNIBUILDER'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 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. 6.06 Final Completion and Final Payment. A. When the DESIGNBUILDER considers that the Work is finally complete, the DESIGNIBUILDER 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 DESIGNIBUILDER 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 7 jmpWg:agreelstarage14a3,98 V submittals required by the Contract Documents; and 6. Such other documentation as the CITY may reasonably require. 6.07 NValver of Claims. Acceptance of Final Payment by the DESIGNBUILDER shall constitute a waiver of affirmative claims by the DESIGNBUILDER, except those previously made in writing and identified as unsettled of the time of final payment. ARTICLE 7 ROOECT DOCUMENTS 7.01 Use of Materials. 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 amounts determined by CITY to be earned by DFSIGN/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 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 continents on any such work product, CITY shall identify specific requirements for satisfactory completion. 7.03 Record Documents. DESIGNBUILDER 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 RESPONSIBILITIES 8.01Examination of Local Conditions. The DESIGNIBUILDER 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; 8 jmpWg:agree/storage14r231'48 Q Q 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. DESIGNBUILDER has examined and carefully studied the Contract Documents (including 'the Addenda) and the other related data identified in the Request for Proposals. The DESIGNBUILDER shall perform the Work in accordance with the Contract Documents and submittals approved in accordance with the procedures set forth herein. B. DESIGNBUILDER 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 DESIGNBUILDER shall take field measurement and verify field conditions and shall carefully compare such field conditions and other information known to the DESIGNBUILDER with the Contractor Documents before commencing activities. D. DESIGNBUILDER has correlated the information known to DESIGNBUILDER, 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. DESIGNBUILDER 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 DESIGNIBUILDER, 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 Requirements. DESIGNBUILDER 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 DESIGNBUILDER 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 9 jmpWZ:agrcdstoraSe/4a3M8 completion of the Project. 8.04 Before Startine NVork. A. DESIGNBUILDER 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; 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. DESIGNBUILDER 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 DESIGNBUILDER 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 finny 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 DESIGNBUILDER from DESIGNBUILDER'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. DESIGNBUILDER's Schedule of Submittals will be acceptable to CITY as providing a workable arrangement for reviewing and processing the required Submittals. C. DESIGNBUILDER's Schedule of Values and Cash Flow Projection will be acceptable to CITY as to form substance. 10 JmpWs:aSm-Jstorage/4M/98 ARTICLE 9 DESIGN PHASE SERVICES 9.01 Standard of Care. All design services to be performed by DESIGNIBUILDER 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 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 Prelimina , Design Phase. After the Contract Time commences and within the times set forth in the Project Schedule accepted by CITY, DESIGNBUILDER shall: AP 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 fmal design criteria, preliminary drawings, outline specifications, written descriptions of the Project and other documents to fm 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. DESIGNBUILDER shall not proceed with the Final Design Phase until it receives written authorization from CITY to do so. 9.03 Final Design Phase. After written acceptance by CITY of the Preliminary Design Documents DESIGNBUILDER shall: 11 jmpWg:agmdstoragd4r23198 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 DESIGNBUILDER 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 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. DESIGNBUILDER 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 DESIGNBUILDER to competitively bid the Construction Phase Services when the Constriction 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 DESIGNBUILDER, this Contract may be terminated for convenience and DESIGN/BUILDER will be compensated for the reasonable value of services performed prior to termination. ARTICLE 10 CONSTRUCTION PRASE SERVICES 10.01 General. 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 DESIGNBUILDER. 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 DESIGN/BUILDER 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. 12 jmpWg:agree/storage/4f23/98 D. The DESIGN/BUILDER shall keep the premises free from accumulation of waste materials or rubbish caused by the DESIGNBUILDER's operations. At the completion of construction of the Work, the DESIGNBUILDER shall remove from and about the Project the DESIGNBUILDER's tools, construction equipment, machinery, surplus materials, waste materials and rubbish. 10.02 Supervision and Superintendent of Construction. A. DESIGNIBUILDER 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. DESIGNBUILDER 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 DESIGNBUILDER'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 DESIGNBUILDER 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, DESIGNBUILDER 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 and new, except as otherwise provided in the Contract Documents. All warranties and 13 JmpWg'a&me1storagd4R3199 M guarantees specifically called for by the Contract Documents shall expressly run to the benefit of CITY. If required by CITY, DESIGNBUILDER 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 SUBCOMMACTORS, SUPPLIERS AND OTHERS 12.01 DESIGNBUILDER shall not employ any subcontractor, engineer, supplier or other individual or entity against whom CITY may have reasonable objection. DESIGNIBUILDER 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 DESIGNBUILDER. DESIGNBUILDER shall require all subcontractors, engineers, suppliers and such other individuals and entities performing B or furnishing any of the Work to communicate with the CITY through DESIGNUILDER." 12.04 All services performed or provided to and material and equipment supplied to DESIGNBUILDER by a Subcontractor or Supplier will be pursuant to an appropriate design sub - agreement or construction sub -agreement between DESIGNIBUILDER and the subcontractor, engineer or supplier which specifically binds the subcontractor, engineer or supplier to the terms 14 Jm pWg- egredstomge/4I23P48 %.) u 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, 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, DESIGNIBUILDER will obtain the same. ARTICLE 13 BONDS 13.01 DESIGNIBUILDER 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 DESIGNBUILDER'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 Iatest 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. ARTICLE 14 MI EMNL IFICATION 14.01 To the fullest extent permitted by law, the DESIGNIBUILDER 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 15 JmpWg: D.-mistorage14M198 M V 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 DESIGNBUILDER or its subcontractor(s) were responsible), whether such claims, demands, actions or liability are caused by DESIGN/BUILDER, DESIGN/BUILDER'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 Iaw or under the Contract Documents. In the event of any claim or demand made against any parry which is entitled to be indemnified hereunder, the CITY may, in its sole discretion, reserve, retain or apply any monies due to the DESIGNBUILDER 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. Ilse 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, DESIGNIBUILDER acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against Iiability for workers compensation; DESIGN/BUILDER covenants that it will comply with such provisions prior to commencing performance of the work hereunder. 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. 16 lmp/Vg:agrae1storage14123198 C. DESIGNBUILDER 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 DESIGNBUILDER shall similarly require all subcontractors to waive subrogation. 15.02 General -Liability Insurance. DESIGNBUILDER 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 DESIGNBUILDER'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). 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, DESIGNIBUILDER 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 night give rise to future claims. 15.04 Certificates of Insurance 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: 17 jmpW&:agmc/storage/4r23P48 V V 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. ShaIl 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 Iimits 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 DESIGNIBUILDER 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. DESIGNIBUILDER 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. DESIGNBUILDER 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 Iimited 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 DESIGNIBUILDER 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 CIayton 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 DESIGNIBUILDER, without further acknowledgment by the Parties. ARTICLE 17 PERMITS 17.01 Unless otherwise provided in the Contract Documents, DESIGNIBUILDER shall 18 jmpWg:egm-Jstoraod423/98 V directly or through one or more subcontractors obtain and pay for all necessary permits and Iicenses. CITY shall assist DESIGNBUILDER, when necessary, in obtaining such permits and Iicenses. 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. DESIGNIBUILDER 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 REGULATION'S 18.01 DESIGNBUILDER 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 DESIGNBUILDER's compliance with any laws or regulations. 18.02 If DESIGNBUILDER 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 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. ARTICLE 19 TAXES 19.01 DESIGNBUILDER shall pay all sales, consumer, use, gross receipts and other similar taxes required to be paid by DESIGNBUILDER 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 On ER AREAS 20.01 DESIGNBUILDER 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. DESIGNBUILDER 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. 19 JmpWg:egree1storagd4l23/98 20.02 During the performance of the construction, DESIGNBUILDER 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. DESIGNBUILDER shall leave the Site clean and ready for occupancy by CITY at substantial completion. DESIGNBUILDER 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 DESIGNBUILDER 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 DESIGNBUILDER shall be solely responsible for initiating, maintaining and 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, wants, 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. DESIGNBUILDER 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 DESIGNBUILDER. 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 20 jmp/Wg:aZme1storage/4/23/98 U U 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 23.01 In emergencies affecting the safety or protection of persons or the construction or property at the Site ' or adjacent thereto, DESIGNBUILDER, without special instruction or authorization from CITY, is obligated to act to prevent threatened damage, injury or loss. DESIGNIBUILDER shall give CITY prompt written notice if DESIGNBUILDER 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 SUB.%=ALS 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. DESIGNIBUILDER 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 DESIGNBUILDER 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 DESIGNBUILDER. 21 }mpWg-agreclstongeMM198 ARTICLE 25 EON Tf`'UfNG THE WORK 25.01 DESIGNBUILDER 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 26 DESIGN1BUTLDER'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 DESIGN/BUILDER further guarantees that all materials, equipment and supplies furnished by the DESIGNBUILDER 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 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 DESIGNBUILDER'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. 22 jmpWg:agrcc/storage/4/23t98 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 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 DESIGNBUILDER 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 DESIGNBUILDER 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 DESIGNBUILDER 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 DESIGNBUILDER has been notified of any defect in the Work in violation of the DESIGNBUILDER's foregoing guarantees, and in the event the DESIGNBUILDER 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 DESIGNBUILDER 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 DESIGN/BUILDER, 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 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 23 jmp/k/g-agree1stomge/4123/99 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 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 DESIGNBUILDER's fault. 26.06 The DESIGN/BUILDER shall bear all costs incurred by the CITY or its separate contractors resulting from the DESIGNBUILDER'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 DESIGNBUILDER'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 DESIGNBUILDER's Article 26 Warranties. ARTICLE 27 PREVAILING WAGE 27.01 DESIGNBUILDER 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 CHANGES IN THE WORK AND CLAIMS 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. 24 jmp/k/g:agree/storage/4/23/98 U U 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 DESIGNBUILDER make any changes without the written order of the CITY, and CITY shall not pay any extra charges made by DESIGNBUILDER that have not been agreed upon in writing by the CITY. 28.03 When directed to change the work, DESIGNBUILDER 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 DESIGNBUILDER; 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 DESIGNBUILDER 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 DESIGNBUILDER 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 DEFECTIVE CONSTRUCTION 29.01 Notice of Defects. Prompt written notice of all defective construction of which CITY has actual knowledge will be given to DESIGNBUILDER by CITY. All defective construction may be rejected, corrected or accepted as provided in this Article. 29.02 Access To Construction. 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. DESIGNBUILDER 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 Inspections. 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, DESIGNIBUILDER 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 approvals. DESIGNBUILDER shall also be responsible for arranging and obtaining and shall 25 jmpW- g-agmistoragd423198 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 DESIGNBUILDER'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 DESIGNBUILDER 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, DESIGNBUILDER, 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. 29.05 City May Stop the Construction. 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 DESIGN/BUILDER or any other party. 26 jmpWS:a&m-Jstorage/4n3l98 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, DESIGNIBUILDER 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, 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 Ioss 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 tun 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 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 other professionals and all court or arbitration or other 27 jmp/k/g:sgrcc/storagd423/98 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 Construction. 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 DESIGN/BUILDER fails to comply with any other provision of the Contract Documents, CITY may, after seven days written notice to DESIGNBUILDER, 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 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 DESIGN/BUILDER but which are stored elsewhere. DESIGNBUILDER 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 DESIGNBUILDER's defective construction. DESIGNBUILDER 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 DESIGNBUILDER that the entire construction or an agreed portion thereof is complete, CITY will make a final inspection with DESIGNBUILDER and will notify DESIGN/BUILDER 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 XNDEPENDENT DESIGNIMMER 30.01 DESIGNBUILDER is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. DESIGNIBUILDER shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance 28 }mpWg:agrcdstorage/4/23/9& V compensation, unemployment compensation and other payroll deductions for DESIGNlBUILDER and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. ARTICLE 31 TERNITNATION 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 DESIGNBUILDER will be compensated for the reasonable value of the Work performed prior to the termination. In the event the DESIGNBUILDER 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 DESIGNBUILDER 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 DESIGNBUILDER 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 DESIGN/BUILDER and its surety shall pay the difference to the CITY. 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 Iitigation 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. DESIGNBUILDER 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"NIENT 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. 29 jmp ftagreelstoragd4r23/98 V Q ARTICLE 34 COPYRIGiITSMATENTS 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 EMPLOITES 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 W+H� 36.01 Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to DESIGNIBUILDER's agent (as designated in Section 1 hereinabove) or to CITY's Director of Public `Yorks 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: Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 TO DESIGN/BUILDER: Dale Bodman, President Gradient Engineers, Inc. 17781 Cowen Street Irvine, CA 92614 ARTICLE 37 CAPTIONS 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 Il1I'II RATi N 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 Cade regarding employment verification. 30 jMPVg:agm/stM&d5r24 "J8 V 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 DESIGNBUILDER. ARTICLE 40 ATTORNEY'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 SEVERABILITY 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. REST OF PAGE NOT USED 31 jmpWg: agrccAtoragd423/98 ARTICLE 42 PROVISION REQUIRED BY LAW DEEI MI) 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: GRADIENT ENGINE S, INC. By: -46& Dale Bodman, Pres' ent Y: Terrance B ian. Secretary License Number: %5qcZ1 % Expiration Date: REVIEWED AND APPROVED: w.., s�� . Ci Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: 4' City Clerk APPROVED AS TO FORM: dr�'CitSAttorney y12,q INITIA AN PP OVED: k�s/ / Director. of'Public Works 32 jmp/I✓g: agree/storage/4/23/98 u AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRADIENT INC. FOR THE UNDERGROUND STORAGE TANK REMOVAL AND REPLACEMENT AT THE CIVIC CENTER, THE BEACH YARD AND THE FIRE STATIONS AND FACILITIES (CC #lO06) TABLE OF CONTENTS ARTICLE WORK STATEMENT --.----....... ARTICLE CONTRACT DOCUMENTS .-----------.------------------..3 ' -' ' ARTICLE 3''OWNER'S DUTIES AND RESPONSIBILITIES ___________________g ., . /�I�IICLB4 . ' .--...---.....---.----'.......--.-...-...------3 ARTICLE CONTRACT PRICE ----------------------------------5 ARTICLE PAYMENT AND COMPLETION ___________________________5 � ARTICLE 7. . � . PROJECT DOCUMENTS --------------------------' ...............8 ARTICLE Q � ,-- ------.8 ' ARTICLE-9 � DESIGN PHASE SERVICES ------...-----------.----------..11 ARTICLE 10 CONSTRUCTION PHASE SERVICES -----------------------.l2 ARTICLE ll ------------------------------'l4 ARTICLE 13 SUBCONTRACTORS, SUPPLIERS AND OTHERS --------.-------..l4 8Il][lCLE 13 BONDS _---------..-----'------------------------l5 � ARTICLE 14 INDEMNIFICATION ------.--------------------------.l5 ARTICLE 15 ' .______,r_____________________________._l6 ARTICLE 16 PATENT FEES AND ROYALTIES -------------------------.l8 ARTICLE 17 PERMITS ----------'-_--'------------------------l9 ARTICLE 10 LAWS AND REGULATIONS -_-----.----------.----------.lg ARTICLE 19 TAXES -------------------_----_--------.------_--.l9 8RIICI~E3O USE OF SITE AND OTHER AREAS ------.----'-------------.l9 w V ARTICLE 22 HAZARD COMMIMCATION PROGRAMS...........................................................22 ARTICLE 23 EMERGENCIES.........................................................................................................22 ARTICLE24 SUBNMALS.............................................................................................................22 ARTICLE 25 CONTINUING THE WORK......................................................................................23 ARTICLE 26 DESIGN/BUILDER'S GENERAL WARRANTY AND GUARANTEE...................23 ARTICLE 27 PREVAILING WAGE.................................................................................................26 ARTICLE 28 CHANGES IN THE WORK AND CLAIMS..............................................................25 ARTICLE 29 TESTS AND INSPECTIONS CORRECTION, REMOVAL......................................26 t OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION ARTICLE 30 INDEPENDENT DESIGN/BUILDER........................................................................30 ARTICLE 31 TERMINATION OF AGREEMENT...........................................................................30 ARTICLE 32 DISPUTE RESOLUTION ............................................................................................30 ARTICLE 33 ASSIGNMENT AND SUBCONTRACTING .............................................................31 ARTICLE 34 COPYRIGHTS/PATENTS..........................................................................................31 ARTICLE 35 CITY EMPLOYEES AND OFFICIALS ................................................ .................31 ARTICLE36 NOTICES.....................................................................................................................31 ARTICLE37 CAPTIONS...................................................................................................................31 ARTICLE 38 IMMIGRATION...............................................................,..........................................32 ARTICLE 39 LEGAL SERVICES SUB CONTRACTING PROHIBITED.......................................32 ARTICLE 40 ATI'ORNEY'S FEES...................................................................................................32 ARTICLE 4I SEVERABILITY..........................................................................................................32 ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED...........................:........33 ii kJ Certificate of Insurance �-J C--. Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Professional Practice Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 250 Newport Center Drive, Sui a M-106 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Newport Beach, CA 92660 ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW. 14 729-0777 i - insured's Name and Address: �,i,�,�, / Companies Affording Coverage GRADIENT ENGINEERS, INC. Company A —American Motorists Insurance Company 17781 Cowan �" v Company B — Underwriters at Lloyd's and Companies Irvine, California 92614-6009 COVERAGES: THIS IS TO CERTIFY THAT POUCIES OF riSURANCE 11STM BELOW HAVE BEEN 1SSM TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATEO. NOTwmisUWom ANY REamEAIedT, TERM OR CONDmoN OF ANY CONTRACT OR OTHER DOCLIMEHT WRH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE RNSURA NCE AFFORDED SY THE POUCIES DESCROM HEREIN IS SUBJECT TO ALL THE TERMS, EXCLt1M NS, AND CONDITIONS OF SUCH POLICIES co. TYPE~ OF POLICY POLICY Policy LTR. INSURANCE NUMBER EFFEC. DATE EXPIR. DATE LIMITS GENERAL. LIABILITY General A r ate 3 ( ] Comml. Gen. Llabillly Products-CorrVOps_Aqg. 3 ( ] Claims Made Personal E Adv. in u S Each Occurrence S [ ] Occurrence Fire Oama e (wyy one Tire ; [ ] Independent Contractors Other I ] Contractual BFPD AUTO LIABILITY Combined Single Limit 3 [ ] Any Automobile Bodily Injury (per person) S [ ] Al owned solos [ ] Scheduled autos Bodily injury (per accldent) $ [ ] Hired aNas [ Non -owned autos Property Damage S ( ] Garage viability EXCESS LIABILITY Each occurrence S [ ] Umbrella Form Aggregate S Other than Umbrella Form WORKERS' Statutory Limits: A CLOMPENSATION TCW304US-03 09101/97 09101198 Each Accident $1.000,000S' AND EMPLOYER Disease-Policy Limit $1.000,000 IT LIABILY Disease -Each Employee S 1.000.000 g PROFESSIONAL P11297 • 10101/97 10/01199 EACH CLAIW $1,000.000 LIABILITY ANC] AUGkr_U t C 3 3,C,00.033 Description of Operatio nsJLocationsrVehicles/Restrictions/Speciai Items: All operations of the named Insured. Certificate Holder. THE AGGREGATE UW IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTEO Wm4N THE POLICY FOR ALL oP£RATIoMs OF THE omsuRm CANCELLATION: CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCAGED POLICIES BE CANCELLED BEFORE THE 2000 MAIN STREET OUnRATION DATE THEREOF, THE MVJINO COMPANY WI.L MAIL 30 DAYS WRITTEN NOTICE HUtMNGTON BEACH, CALIFORNIA 22648 TO THE CERnFICATE HOLDER NAMED TO THE LEFTEXCEPT IN THE EVENT OF CANCELLATION DUE TO NONE EHTLC=__&_n IUM CASE A TO DAYS NOTICE ATTN: CHRIS MENDOZA V1LL BE GIwM NOTE CIt NGE Ik Authorized Representative EVIS ED }� Date: March 2,1998 Heather Hic rf+an �i7]i1 05/05/98 08:03 F.kl 714 833 0127 JO&N BURNHAX Q002 U LOW ACORI '—P#-8'Qr. I I '. - ON -iiaiNmw ..... ....... .. ... . .... ..... . DATE IMMIDDITY) os/05199 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND NO UPON T14E THISOCERTIFICATERSDOES NOT AMEND. EXTENDA ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ODILIC" 714-833-245Z John Burnham & Company �ORHOLDIER. P.O. Box 2410 6� Newport Beach. CA 926SB-0269 COMPANIES AFFORDING COVERAGE -A COMIANY Commerce srvd Industry Ins. Co. I COWANY SURIM GRADIENT ENGINEERS COMPANY 17781 Cowan C Irvine CA 92714 CO.MPANY ........ .. THIS 133 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ImSunCD NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING MY AEOUIREMENT, TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W74tCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OESCRIOW HEREIN IS SUBJECT TO ALL THP TERMS, EXCLUSIONS AND CONDITIONS OF sucm POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. V r1K OF raufUNIOCE POLICY WRIM POLICY U0 rCC"W POUCV "AATVN UMrTs rft I I DATtIMPAIDDT") DATSPAWDONTI k GVQAAL LUMILITY OL4177124 2114198 2114/33 GENERAL A03Ri(3ATj 0 2000000 PRODUCTS - COPWP/OP AGC; 0 # FJOQQ C cvmPASCIAL WiMAL LIA&qM ", CLAIMS MADE OCCUR r9ff5OP4AL & AOV INJURY.— 6 lQD0000 "'MR12 L CONTRACTOR'S PROT -eACHOCCURAINCE — PRE C.&PA&CE fA.W one rwW S l(IM00 MI!O fXP tA-v cvw petwwd 6 5002 A X ANY AUTO CA7565513 2114/98 2114199 COMDIN67 Lunn' LjM ! 6 10000M BODILY INJURY 4Pqr ALL QWNM AUTOS scmEOLUO AUTOS 90DILY INJURY (Per $ X KRgO AUTOIL NOR Ow"Fla AUTOS DAM^OE 6 R. e UAbILl?Y AUTO ONLY - 1A ACCIDDJT a ANY AUTO OTMIt Tj LAN AUTO ONLY: a EACH ACCIDrIT V"Wry WDRELLA FOPJA F. Jr.•"Cil" 7- •••••AdORMATE ;EACH OCCURRIKer 4 OTHER THAN UMOFSLL& FOAM WFORKLM compow"Ye" jum LIKKOTOW, EACH ACCIONT Ill. 04SEASE - POLMY LIMIT Is TWI! rROMEMECUTiYI KI OCL RMCCL EL EMSEA59. CA FLIPLOVIN IS OFFICER! ARE OTHER lSC7MPTP0N OF OPSAATIONSAJDC^T70MS/wtH=LSMPKCWL ITIM CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE ATTACHED FOFIM CG2010 AS RESPECTS ALL OPERATIONS OF THE NAMED INSURED. . . .. . ............ CITY OF HUNTINGTON BEACH SHOULD ^rffABOVEro Of THE ^E P"Cnmap ucvA se C^McuL= wFuM THE COM'nOif DATE TmmecF. Tmil l59UVqcS CQMPAMr WtL X"XK)G MAIL AM: CHRISTI MENDOZA 60 DAT6 W791 121% NCTIM TO THE CERTIFICAM HOLM KAMED TO TIM Uff. 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 03/03/98 08:03 FAX T14 833 012T JOHN Bt'R.NlLkX �OaJ DOUCY NUMBER: CL4177124 COM ERCIAL GENERAL UABILr1Y INSURED: LeiaMor► and Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B016 This endorsement modifies Insurance provided under the follawing: COMMERCIAL. GENERAL LIABILITY COVERAGE PART. SCHEDULE 7� Name of Person or Organization: CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (if no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsamenL) WHO IS AN INSURED (Section 11) is amended to included as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CD 20 10 1145 DAME: 5rsr9E �„ Certificate of insurance U Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Professional Practice Insurance Brokers ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE 250 Newport Center Drive, Sui a M-106 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR �.. Newport Beach, CA 92660 ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW. 14 729-0777 12 444 insured's Name and Address: l'�� fi, 1 Companies Affording Coverage GRADIENT ENGINEERS, I C. p�f8 17781 Cowan Irvine, California 92614-6009 Company A —American Motorists Insurance Company Company B -- Underwriters at Lloyd's and Companies COVERAGES: T}es is To cvmF1r THAT Poucros OF (NsURANcE LWM BELOW HAVE BEEN I SUM To THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATM NOTWITHSTANDING ANY REOMEMENT, TERM OR CONORION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TTIIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUC3ES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS. EXCLUSIONS. AND CONDmONS OF SUCH POLICIES. CO. TYPt OF POLIQY POLICY FoL.icy LTR INSURANCE NUMBER EFFEC. DATE EXPIR. DATE LIMITS GENERAL LIABILITY General A22regate $ [ ] Comma. Gen. L1ab flly Products-Com/O A . S Personal & Adv. Injury S [ ] Claims Made Each Occurrence $ ( ] Occurrence Fire Damage a one fire $ [ ) Independent Contractors [ ] Contractual Other BFPD AUTO LIABILITY Combined Single Uma S [ [ AnyAutomoble Bodily Injury (per person) S [ ] All owned autos [ Scheduled autos Bodily Injury (per accident) S ( ] Hired autos ( ] Non-owm autos Property Damage S [ ] Garage liatlllity EXCESS LIABILITY Each Occurrence $ ( ] Umbrella Form Aggregate S Other than Umbrella Form WORKERS' Statutory Limits: A COMPENSATION TCW304245-03 1 09101/97 09/01199 Each Accident $1.000.000 AND EMPLOYERS' Disease -Policy Limit S 1.000,000 LIABILITY Disease -Each Ern I $ 1.000.000 g PROFESSIONAL P11297 10101197 10/01/98 EACH CLAIM/ $1,000,000 LtA13ILITY L ANG AUGIirW i C S 3,000,= Deswmlon of Operations/L.ocations/Vehicles/Restrictions/5necial Items: All operations of -the named Insured. C' Ci: _ L By* r �tttOZ'T.07 Certificate Holder THE AGGREGATE LIMIT is THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED VVnVM THE POLICY FOR ALL oPERATIoNs of Tw INsuRm CANCELLATION: CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 2000 MAIN STREET EXPIRATION DATE THEREOF, THE ISSU[ND COMPANY WILL MAIL 30 DAYS WRmEN NOTICE HUNTINGTON BEACH. CALIFORNIA 22648 TO THE CERTIFICATE KXDER NAMED TO THE LEFT. EXCEPT IN THE EVENT OF CANCELLATION DUE To NOI*P ENT fFREMIUM IN CASE A 10 DAYS' NOTICE AM: CHRIS MENDOZA WILL BE GIVEN. OTE CH NGE [N ELLATTON ERStAGn Authorized Representativ • &EVIS�ED Date: March 2, 1998 I HeathqZZY er HiX� &J4./ 05/05/98 08:03 FAI 714 833 012T JOIN SURNMAX 1 j la 002 ��y.a.��w�.y n.d6coffD*s il�'b.:i'i.a.w mac, lays --,tom. 1� _ ........ _..... � -�w�:'i-.�+'iit:•-�+"' OATIIMMIDMYTI -- '- - y-.' ..Yed6C+„i:,w'-,-`2"iS: R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATL HOLDER_ THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IROOUCER 714-833-2452 Jahn Burnham & Company P.O. Box 2410 Newport Beach. CA 926S8-0269 �� COMPANIES AFFORDING VERAGE COMPANY Commerce and Industry Ins. Co. COMPANY �—b GRADIENT ENGINEERS _..... COLWANY 17781 Cowan C Irvine CA 92714 COMPANY D rQ �..-..-_-,.-.....--.,.-.�..--+-.:..3..J.ai;. 1��.��i'�ri'X. .L..,.......�...._�... �h.L�:4�Atvisir.l✓ .i- -- -$' y.�}L�iw_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THI INsuncv NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CMNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, iH I! INSURANCE AFFORDED BY THE POUCILS DESCRIBED HEREIN IS SUBJECT TO ALL THE TZMMS, EXCLUSIONS AND COF40MMNS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. N .. TY►i OF adURwNCi I IFOLICT MV1YIt�i TR conm "UDATW M D Ti PMM1oO mm UYITs A IPPOAAL LIAWAM OL4177124 2/1 A/98 211419n GfNGRAL AGGRIW^71 s 2000000 rRODVCT$ - COMP/0P ACG • 00 20000 • • 0 X COMMERCIAL O�JreRAL UADIUTY CLAIMS MADEI acem rLRSOTiAt d ADV 1NJLRY [ACM OCCURRENCE • 1000000 OWN]IR's A CONTRACTOR': PRO? FIRG DAM&Qi IA.V WW ry« & 100000 M!O EXP IAnr a n..+ 3 5000 A I ALrrOMIOBBJTUAanrTY X ANY AUTO CA7505513 2114,M8 2114/99 COMOINe7 S'nGL[ LIMLT I 1000000 Ism ILY LNJLIRY P. so • ALL OWNED ALITDa SCHEDULSO ALTTDa BODILY KJURY IPW EMI , X WRID AUTO; X Nam owum AUTDO IMCKNTY VAMAGe F i GAXAQC LlAaILITY AUTO ONLY - EA ACCLDCNT ANY AUTO OTt CR_TI LAN AUTO ONLY: • LLACH ACCIOL-IT AQ4AGaATE MzCaiiLl/JILR-/ UMONULA FORM ...`' �. � r;'��.'C}+.—,... �vI."� ••".. '��D EAC14 OCCURRINC 1 4 r AaaReaATe _.. _ • 1yTNFa THAN u"GpO.IAL Foft" I NORREl60OMPOfSAYAM111R7 n1 r . 7 J`..+;f�• w A :!^SA••c.• '' _ YL CACM ACCLOEWT i GMPLOTGN' LUNIN .fTY • ` CLDISCAW-POLICYUMrr THEPPA"Emry OJCL rAWrfflM MXtr. fT" pCpCFnS ARG: VCCL C�1. - - ,i CL oisuSG. EA EMPLOYB/ OTNER lttorr -P DESCIOWTION OF OPFAAMNSA=ATXX#Sf46MILIA513PECIAL rru= CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE ATTACHED FORM CG2010 AS RESPECTS ALL OPERATIONS OF THE NAMED INSURED. CITY �F HUNTINGTON BEACH SHOULA AIRY OF, TM mavtGL OCReav FoucLrs so eANcvLw Berom the VuVATIOM DATi Inmea.P,'TRa Iawma cvmrmy wtL Bxa'iriGWiG MAIL, ATTN: CHRISTI MENDOZA 60 DAra tfnmvi mnwz To TNB CERr1I=Ti Houxa wamm TD THE Lirr. 2000 MAIN STREET dfdC?GXi7R�C�4XXIiCX'147C HUNTINGTON BEACH. CA 92648 ' �XX11i[��IKx�'�L'xXY)rdLX�LXXI4XXXd[�Cy�f'X�i�EBM�X ALlrF10RIiSd sa•I A v[ � . ��'Z � - w•..'L'�'._.• w"'"'="`-"�.�.: ;;::;;}}��^�w��_ ,���y �6b- �`:L"�}3'"i''b"'y�.4'ilGNlKt7y.Sw�♦tiL'L�3R�i 05/05/98 08:03 FAX 724 833 0127 Jo$\ BM."I km AOUCY NUMBER: GL4177124 INSURED: Leiohtan and Associates. Inc IN COMMERCIAL GENERAL L1A81LrrY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. e 003 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) - 6 z,lj )L6 This endorsement modifies Insurance providcd under the following: 4&x COMMERCIAL GENERAL LIABILITY COVERAGE PART. '�1f/f-P SCHEDULE 7-10 Name of Person or Organization: CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to included as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. co 20 10 11es DATE: 515MO v I have received Performance Bond No. PA7576012 and Payment/Warranty Bond No. PA7576012 for Gradient Engineers, Inc. Re: CC-1066 Selection of two design/build contracts for the underground storage tank removal and replacement project. RCA and Action Agenda of 5118/98. 1...• ...M � / u THE �AMERI CAN INSTITUTE OF ARCHITECTS 130M* PA7576012 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Gradients Engineers, Inc. 17781 Cowan St., Suite 140 Irvine, CA 92714 OWNER (Name and Address): City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 SURETY (Name and Principal Place of Business): The Insurance Company of the State of Pennsylvania 2023 Route 70 West Cherry Hill, NJ 08002 CONSTRUCTION CONTRACT Date: Amount: Three Hundred Thirty -Five Thousand Six Hundred Forty -Six Dollars Description (Name and Location): CC1066, UST, Remove and Replace Projects BOND Date (Not earlier than Construction Contract Date):May 5, 1998 Amount: Three Hundred Thirty -Five Thousand Six Hundred Forty -Six Dollars Modifications to this Bond: fR None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate S a Gradients ineers Inc. ThPennsylvaniasre C n of th t of Signature: Signature: ` P6- Name and Title: Name and Title: William kiel,Jr Attorney -In -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROILER: phi! (714) 255-9800 OWNER'S REPRESENTATIVE (Architect, Engineer or Frederik (Rick) van Oppen, CPCU other party): Van Oppen & Company Insurance Services, Inc. z*"' -- • : -^ c::::d:: 2248 N. State College Blvd. 0,.. Fullerton, CA 92831 C:;: n _ AIA DOCUMENT A312 • PERFOMANCE BOND X D PAYMENT BOND • DfCEMBfR 1984 ED. • AIA a �`�: THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE.. N.W.. WASHINCTON, D.C. 2DW6 311 1984 1 THIRD PRINTING • MARCH 1987 n 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. • AIA C, THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006 A312-1984 2 THIRD PRINTING • MARCH 1987 k..) able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig. nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the rover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A313 • PERFORMANCE BOND A14D PAYMENT BOND • DECEMBER 1964 ED. • AIA 3 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.w.. WASHINCTON. D.C_ N006 A312-1984 3 THIRD PRINTING 0 MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS Bond# PA7576012 AIA Document A312 Payment Bond Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Gradient Engineers, Inc. The Insurance Company of the State of Pennsylvania 17781 Cowan Street 2023 Route 70 West Suite 140 Cherry Hill, NJ 08002 Irvine, CA 92714 OWNER (Name and Address): City of Huntington Beach 2000 Main St. P.O. Box 190 Huntington Beach, CA 92648 CONSTRUCTION CONTRACT Date: Amount: Three Hundred Thirty -Five Thousand Six Hundred Forty -Six Dollars ($335,646. 00) Description (Name and Location): CC1066, UST Removal & Replacement Projects BOND Date (Not earlier than Construction Contract Date): May 5, 1998 Amount -Three Hundred Thirty -Five Thousand Six Hundred Forty -Six Dollars ($335,646.00) Modifications to this Bond: [9 None ❑ See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seat) Gradient Engineer Inc. Signature: . zy. Name and Title: (Any additional signatures appear on page 6) SURETY The Insurance Company of the. Company: Corporate Se I) State of Pe lvania Signature: Name and Title: William F. dekiel,ir Attorney -In -Fact (FOR INFORMATION pOhNLY—Name, Address aanpd Telephone) AGENT orri kO� Ri. # (71 van%pen, 9CPCU OWNER'S REPRESENTATIVE (Architect, Engineer or FreVan Oppen & Company Insurance Serve§ pavi"C 2248 N. State College Blvd. Fullerton, CA 92831 C- AIA DOCUMENT Am2 • PERFORMANCE BOND AND PAYMENT BOLD • DECEMBER 1984 ED. • AIA r THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON. D.C. 20006 �� ' A 12.1984 4 THIRD PRINTING • MARCH 1987 -D 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having fast performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the 'materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not -be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be Iiable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 + PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA1b THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE.. N W. WASHINCTON. DC. 20006 A312-1984 5 THIRD PRINTING 0 MARCH 1987 Q Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing lobe a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct Contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and erigineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof, (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title; Address: Signature: Name and Title: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECE,MBER 1984 ED. - AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2t1 % A312.1984 11 THIRD PRINTING 0 MARCH 19E7 Q U ACKNOWLEDGMENTS FOR BONDS ACKNOWLEDGMENT BY SURETY COMPANY STATE OF NEW JERSEY ) )SS.: COUNTY OF CAMDEN ) In this f T" jay of MAY, 1998, before me personally came William F. Ezekiel, Jr -to me known, who, being by me duly sworn, did depose and say that he/she resides in CHERRY HILL, NJ that he is the ttome -in-Fact of The Insurance Company_of the State of Pennsylvania the corporation described in and which executed the foregoing instrument: that he/she knows the seal of said corporation: that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he/she signed his/her name thereto by Iike order; and that The liabilities of said company do not exceed its assets as ascertained in the manner provided by the laws of the State of California. NOTA M. SMITH NANCY M. SMITH No18ry Public of New Jerse µt Commission Expires April 10. 000 1-fie Insurance Company of UState of Pennsylvania PO'u..JR OF ATTORINEY New Hampshire Insurance Company PA7576012 Principal Bond Office: 70 Pine Street, New York, NY 10270 No. (Void unless numbered in red) 104OW ALL N N BY THESE PRESENTS. that THE WSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and NEW HAMPSHIRE INSURANCE COMPAAY have made, constituted and appointed, and by these presents does snake, constitute and appoint Floyd C. Reynolds, III, Chris T. Reynolds, William F. Ezekiel, Jr., R Gregory LeFevre of Cherry Hill, NJ its true and lawful attorney -in -fact, for it and in its name, place, and stead to execute on behalf of the said Company. as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of """Three Million Dollars ($3,0W.000.00)"48• This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of January, 1998. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board. the President an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney, qualifying the anomey-in-fact named in the given Power of Attorney to execute in behalf of the Company, bonds. undertakings and all contacts of suretyship: and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seat of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, wid any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached" In witness Whereof. The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 5th day of January. 1998. Anest: �wfG rb n STATE OF NEW YORK) COUNTY OF NEW YORK) ss: On this 5th day of January 1998 before me came the above named officer of The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corpora- tions thereto by authority of his office. The Insurance Company of the State of Pennsylvania New Hampshire Insurance Company By David J. WaVh. Senior Vice President LU'CRLE SALERH0 Notary Pubic. Sate o` New York N.O. 01 SA497w380 Oualif�ed in Su`.f 1� County Commission gpires lr� XL se,_ NOTARY SIGNATURE AND SEAL (REQUIRED) I, Elizabeth Tuck, Secretary of The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company do hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and therefore that the Resolutions of the Board of Directors, act forth in the said Power of Attorney, is now in force. IN. WTTNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of each corporation s` z, this 5TH day of MAY . 19 98 Elizabeth M. Tuck. Secretary 6012 87189 (1/96) The Insurance Company of the State of Pennsylvania Exe=Uvdt Oftices 70 Pine Street New York. NY 1 OWO FINANCIAL STATEMENT as of DECEMBER 31, 1997 ASSETS L.IABIL MES Bondi .... . .... ....... . .. . ,%Wsw . . . . . . . . . . . . . . . . . . . CoRatsrat Loans .............. . Cash A Short -Term Investments ...... . Ager(W Balanoas Of Ur+WW2ed Pevtniu %. . Ftrnds Held by Ceding Aelnwrem ...... Reinsuimne Reoovsrable on Loss Payments. EQtfdles & Ceposlts in Pools 3 Aswddfons. . Oftr Admitted Assets . ....... . .. . 3674.304,821 Reserve for Losses and Loss Egxma .... S762,079,008 52D.485,179 Reserve for Uneame4 Pmmkou . . . . . . . 220,59S.5ti5 - Resenun for Expwon. Taxes, 29,197 t.kArwcs and R9es ... .... . .. . . 1.301,032 294,809,584 ProvWm for Aeirsurance... .. 24,704,713 1.d42,531 Funds Held Under Relmtrranee Treaties .. 13.569.385 70,073,S33 Ctfler tlabiCrtie.1................ 8,016.166 20,035,341 Capzal Stock ................. 5.005400 147 541 038 Surplus ... .... . . . . ... . . . . . . 653,638.su TOTAL ASSETS........... $1,728 tft"-4 TOTAL POLICYHOLDERS! SURPLUS ............ .. 698,15".055 TOTAL LIMLMES AND POLICYHOLDERS' SURPLUS. _ s1,728.943.944 Bonds and stocks are Weed in accordance with tie basis adopted by fie Nabonsl Association of Insurance Commissioners. SecurWes carried at 3123.291,537 in the above St2iement are deposited as MWred by taw. CERTIFICATE alZABETH M. TUCK, Secretary and WCHAEL J. CASTEW, Comptroller of The Insurance Company of the State of Permylrrana being duty swarm, each for himself deposes and say: that they are the above deacnn-bed officers of me said :4mpany and that on the 31st day of December,1997. the Company sawalTypoasmed the stun set forth In the foregoing statement and that ouch assets were available for the payment of losses and clafms and held for the pratectfon of Its solicyftolders and creditors, exult as hereinbefore inf=ted. and that the 16mgoing statement Ls a ocexhibit of such tssets and labities of the said Company on the 31st day of Decem1w, 1897, according to the best of their Information. xtcwledge and belief, respectively. r i e,tr��Day d .tea 1g oe . Baron em aT. VW soar. Tw W.mm, el e+e Th. ueun�ns Carprny d v%e Sole o+ Psewyrw+n. DE90¢AM A. FrAYMAN Nerer)► Pubrre. 5{sre of Nrw Part rt+e PeU*eQy Igo" b be VW rwo hrrdn, No. 01 KAZOS I A28 d sdnmd#c W rise 3fsy e+maW M@ ftmona W wrrnt vV aid Owlikad in WWI; County t seat d 334 a[k owbn VIOM0 ty 1vawny of a+ar afte. Canrniwan tatoins June 30, 1999 tnrr rhos+ U ATTACHMENT 3 0019517.01 J. IC CITY of HUNTINGTON BEACH L 4 O z z a a O EDINGER D C = aU m D C� WkRNER C SLATER o x TALBERT z N 01 ELLIS 71 GARFIELD A C�0 sf ® cax7 z ay ADAMS ATLANTA O A City Yard F Fire Training Facility B Parks Yard G Civic Center C Gothard Fire Station H Lake Street Fire Station D Murdy Fire Station J Beach Yard E Warner Fire Station COVER PAGE REQUEST FOR LATE SUBMITTAL 4 1 (To accompany RCA) Department: V(? 11.1�,4GCS Subject f fg(C°Vc VGA 6 Council Meeting Date: ! 1 �( Date of This Request: S REASON (Why is this RCA being submitted late?): jt�Wl--(64 1 J A,Jce '0 1 EXPLANATION Why is this RCA necessary to this agenda?): 15 0 —IpS G art Cat M ILL C�:S:Z MU��f N�—Scq Gvu Asi Ci5— /u)\ r CONSEQUENCES How shall delay of this RCA adversely impact the City?): (r- ignat re ial M-Approved O Denied ELApproved O Denied InitialsRequiredpa ment HeAsst. Gam' t'y—Administrator Cit Administrator REQLATE.DOC 07/9AM V M RCA- ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Design/Build Contracts for the Underground Storage Tank Removal & Replacement Project; CC 1066 COUNCIL MEETING DATE: Ma 1 8, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & 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) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by Cit Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Re ort (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 FORWARDED Administrative Staff Assistant City Administrator Initial CitV Administrator Initial n City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author. Chadonne CITY OF HUNTINGTON BEACH PUBLIC WORKS ENGINEERING DIVISION REQUEST FOR PROPOSALS for - - — - DESIGN / BUILD SERVICES for UNDERGROUND STORAGE TANK REMOVAL & REPLACEMENT PROJECTS CC 1066 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 M on April 1, 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 Underground Storage Tank Removal & Replacement Project Additionally a fee proposal shall be submitted in a separate sealed envelope and marked Cost Proposal for Design / Build Services Underground Storage Tank Removal & Replacement Project Proposals received after the specified time will not be accepted and will be returned unopened All questions regarding this request may be addressed to Mr Eric Charlonne at 714-536-5430 INDEX SECTION PAGE I Introduction 2 II Schedule of Events 2 III Project Description 2 IV Scope of Work 4 _ V Fee Proposal Requirements 5 VI Proposal Requirements 6 VII General Requirements 9 VIII Design/Build Evaluation & Selection Process 10 IX Attachments 11 l Illy �� It #1k CITY ter' HUNTINGTON BEACH Underground Storage Tank Removal and Replacement Project February 1998 Page 2 I. INTRODUCTION The City of Huntington Beach, Engineering Division, Department of Public Works, (hereinafter referred to as `The City'), is requesting proposals from qualified design / build contractors to provide engineering design and construction services for the removal and replacement of the City's Underground Fuel Storage Tanks. H. SCHEDULE OF EVENTS March 4, 1998 Issuance of Request for Proposals March 11, 1998 Pre -Bid Conference and Site Visits April 1, 1998 Proposals due at City Hall by 4:00 P.M. May 4, 1998 City Council Approval of Design / build contractor Contract (estimated date) May 5, 1998 Issuance of notice -to -proceed (estimated date) November 1, 1998 All Projects Complete III. PROJECT BACKGROUND The City has set aside $1.4 million of capital to comply with the December 22, 1998 deadline for Underground Storage Tank Compliance. Schedule is critical with each project, as the City does not want to deviate from the deadline. The City requires services from qualified design / build contractors to prepare engineering plans and specifications for the installation and / or removal of underground storage tanks (UST's) at 10 sites within the City. The sites are as outlined in Attachment B of this Request for Proposal. In 1996, the City performed an Underground Storage Tank Compliance & Modification Study to evaluate the various options and costs to comply with the December 22, 1998, deadline for UST Compliance. The City has decided to perform the following general scope of work per site Site A: City Yard Remove and replace all existing tanks, piping, pumps, and dispensers with new double wall underground tanks and piping systems, including new dispensers, pumps, and monitor system. New tank sizes in gallons: (1) 15,000; (1) 12,000; (1) 2,000; (1) 1,000; (4) 550. F:\BILLD\ME169A\ME169A—TArr—RFP.doc CIn -,F HUNTINGTON BEACH Underground Storage Tank Removal and Replacement Project February 1998 Page 3 Site B: Parks Yard Remove and replace all existing tanks, piping, and dispensers with new double wall underground tank and piping systems, including new dispensers, pumps,. and monitor system. New tank sizes in gallons: (1) 10,000; (1) 5,000; (1) 550. Site C: Gothard Fire Station Remove and replace all existing tanks, piping, and dispensers with new double wall underground tank and piping system, including new dispensers, pumps, and monitor system. New tank sizes in gallons: (1) 4,000; (1) 2,000. Site D: Murdy Fire Station Remove existing tank, piping, and dispenser. No replacement. Site E: Warner Fire Station Remove and replace all existing tanks, piping, pumps, and dispensers (except marine fueling dispenser) with new double wall underground tanks and piping systems, including new dispensers, pumps, and monitor system. New tank sizes in gallons: (1) 2,000; (1) 6,000. Site F: Fire Training Facility Remove and replace existing tank, piping and pump with new double wall underground tank and piping system, including new pump, and monitor system. New tank size in gallons: (1) 1,000. Site G: Civic Center Upgrade existing systems as follows: Unleaded tanks - Install double wall piping, tank top containment sumps, new dispensers with containment pans, spill containment fill boxes, overfill prevention devices, certify existing monitor system is functional, install new monitor system if necessary. Diesel tank - Install interior tank lining system, overfills prevention device, certify existing monitor system is functional, and install new monitor system if necessary. Certify existing cathodic protection system is functional, repair or replace as necessary. F:\BILLDXME169A\ME169A—TArr—RFP.doc CIT1 .,F HUNTINGTON BEACH Underground Storage Tank Removal and Replacement Project February 1998 Page 4 Site H: Lake Fire Station Remove and replace existing tank, piping, and dispenser with new double wall underground tank and piping system, including new dispensers, pumps, and monitor system. New tank sizes in gallons: (1) 4,000; (1) 2,000. Site J: Beach Yard Remove and replace all existing tanks, piping, and dispensers with new double wall underground tanks and piping systems, including new dispensers, pumps, and monitor system. New tank sizes in gallons: (1) 5,000; (1) 2,000; (1) 550. IV. SCOPE OF WORK To expedite the completion of these projects, the City has decided to group the sites into four separate construction bid packages as follows: Package "1": Site A - City Yard, and Site B - Parks Yard Package 112": Site C - Gothard Fire Station, Site H - Lake Fire Station, Site D - Murdy Fire Station, Site E - Warner Fire Station, and Site F - Fire Training Facility Package 113": Site G - Civic Center Package L14": Site J - Beach Yard This grouping will allow for more efficient use of contractor resources, with the intention of phasing the individual projects within a particular group, to assure the timely completion before the December 22, 1998 deadline. The City may elect to award packages 1 through 4 to one design/build contractor or may award each package separately to up to four design/build contractors. The services will include the preparation of complete engineering plans and technical specifications, proposed construction schedules, and acquisition of agency permits and / or approvals. All of the critical equipment, such as tanks, pumps, dispensers, monitor system, fuel management system, and tank fill boxes will be pre -purchased by the City. This will save a significant amount of time, as most of these components are long lead time items. F:\BILLD\ME169A\ME169A—TArrRFP.doc CITY .,F HUNTINGTON.BEACH Underground Storage Tank Removal and Replacement Project February 1998 Page 5 The successful design / build contractor will be responsible. for filing and obtaining the appropriate permits and / or approvals. The City has identified the following agencies as those that will issue their approvals: • Orange County Environmental Health. • City of Huntington Beach Fire Department. • South Coast Air Quality Management District. • NPDES Water Quality Management Plan All other permits, including but not limited to building, electrical, encroachment, CAL / OSHA, etc., will be the responsibility of the successful contractor. V. FEE PROPOSAL REQUIREMENTS In preparing the fee proposal for this project the design / build contractor must bid all four sites and include: 1. 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 will be used by the City staff to evaluate the fee proposal and will 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. 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 will 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 with 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 per Attachment C (Progress Billings). The City will provide a diskette of the files in Microsoft Excel, version 5.0. 5. Complete Environmental Unit Cost Matrix (Attachment E) F:\BILLDVNE169A\ME169A TArr RFP.doc CITY .,r' HUNTINGTON BEACH Underground Storage Tank Removal and Replacement Project February 1998 Page 6 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 / 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. 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 following: • 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 F:\BILLD\ME169A\ME169A TArr RFP_doc CITi .,r' HUNTINGTON BEACH Underground Storage Tank Removal and Replacement Project February 1998 Page 7 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. • Completion dates (estimated, if not yet completed). • Total costs of the projects. A sample format for staff experience is included as Attachment D 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. 4. 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 prime 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. 5. Project Schedule A project schedule shall be included for each of the four package of sites 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 F:\BELLD\ME169A\ME169A—TArF—RFP.doc CITY _e HUNTINGTON BEACH Underground Storage Tank Removal and Replacement Project February 1998 Page 8 timetable and identification of critical tasks and/or. events that could impact the overall schedule. 6. Fee Proposal A Fee Proposal for each of the four groups of sites 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 %,.ill 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 three 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 three will be returned to them unopened upon award of a contract to the selected design / build contractor. The city will negotiate the final fee of each group of sites with the top ranked design / build contractor(s). 7. 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. VII. 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: F:\BILLD\ME169A\ME169A—TArr—RFP.doc CITY —z HUNTINGTON BEACH Underground Storage Tank Removal and Replacement Project February 1998 Page 9 A. General Liability 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. A sample certificate is included as Attachment F. 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 will 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 E. 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. F:\BILLD\ME169A\MEI69A TAIT RFP.doc CITY -,e HUNTINGTON BEACH Underground Storage Tank Removal and Replacement Project February 1998 Page 10 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 will 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 approve/disapprove all key staff and sub -consultant substitution or removal, and may consider such changes not approved to be a breach of contract. VIII. 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 a short list of qualified design / build contractors or to interview only the top rated firm based on the proposals submitted for the project. F:\BILLD\ME169AkME169A—TAIT—RFP.doc CITY ,r HUNTINGTON BEACH Underground Storage Tank Removal and Replacement Project February 1998 Page 11 The City staff will 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 with that firm shall be formally terminated. Negotiations will then be undertaken with the next most qualified firm. Failing accord with the second most qualified firm, the City staff will terminate negotiations and continue the negotiation process with the next most qualified firms in order of their evaluation ranking until an agreement is reached and the- design / build contractor are selected and an agreement is executed. ATTACHMENTS Attachment A --Site Location Map Attachment B--Site Plans (9) Attachment C--Sample Staff Related Experience Attachment D--Sample City Design / Build Agreement Attachment &-Environmental Unit Cost Matrix Attachment F--City Provided Equipment Attachment G--Schedule F:\B1LLD\ME169A\ME169A TArr RFP.doc ATTACHMENT "A" CITY of HUNTINGTON BEACH w F. � y w �+ C9 z z a w o O EDINGER O O Q S U S O 00 O WARNER SLATER ® z z g TALBERT 3: w z ® N ELLIS GARFIELD A aOZ. CC0 sjrt_ z Z ADAMS ay ATLANTA A City Yard F Fire Training Facility B Parks Yard G Civic Center C Gothard Fire Station H Lake Street Fire Station D Murdy Fire Station J Beach Yard E Warner Fire Station ATTACHMENT "B" u 0 40TF1�mIt. .TR f=T CITY OF HUNTINGTON BEACH r w�•�`- 4 r.nw+o. r.o.4 P(JBLJC WORKS DEPARTMENT _ 2000 MAIN STREET 1N� ASSOCIATES.. •, awr. fm n.aa.a HUNTTNGTON SEACK CA 92645 ,D I 02 c cti G!%TRAL rAORK arm rv. 60TMARD STRINT AITF ELdti O"a ►. rw R O u u • q` M LE2j] i e n 4" r CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT 2000 MAIN STREET HUNTINGTON BEACH, CA 9264E = �•�•� IAIF k ASS0(14TS W— 4 R +u•ee+o- wno�c+ qua o■ jj ]9]999 IKI'LRIYLN eA(O' �ad e nn uu I � O i -1 I � I 1 I IA�ISRIY LN eAfd � � e 4 .Iv oonW+o emeer wrorweerarlow.arec CITY OF HUNTINGTON BEACH ��°°�—•�� A � eer PUBLIC WORKS DEPARTMENT 2000 MAIN STREET TAIT & ASSOCIATES INC. 4 scut: •s�o�rn onex« er. ae.omr eLoc. olalxcn: HUNTINGTON BEACH, CA 92648 Q V IF 60TNAA0 41Prt[T CITY OF HUNTINGTON MACH � ��y`• o wn.u.a.M.c.au rAUC WORKS DEPARTMENT _ 2000 MAIN 6TREET UT S ASS"TES MG. � � was �� HUNTHICTON BEACH, CA 82648 u 0.4', ft 11'", 4 A yfx�, Vt I - .r.s..� a.no..a ■ M....f+rw CITY OF 11UNTINGTOH BEACH = m r.n.4.u..e.aatr PUBLIC WORKS DEPARTMENT i 4 2000 MART STREET IMT & ASSOUAT[S W— o � � •� ao.ta MUMMOTON BEACK CA 92640 .4w.w G r �g P III F e3�F u ►mot � � �� P-&. w . CITY OF HUNTINGTON BEACH zmmv- 2000MM�.6�P�Y.PIG PUBLIC WORKS DEPARTMENT MAIN STREET 1A41 AASS0uA1E$MG HUNMGTON BEACH, CA 92"S 7 CITY OF.HUNTINGTON BEACH ^'*-••�_� rw.wra r.o�u PV9LC WORKS DEPARTMENT 4 2000 MAIN STREET UT ! ASSOUAlES MG _. _ -- - _ -- _ _ •- MMTINIGTQM AEACK CA 02848 V LAKE ..glfftT rawiwvLw owdowftw a i CITY OF HUNTINGTON BEACH ...rt.aw.r.a.0 PUBLIC WORKS OEPARTIMENT T M 2M MAM STREET IAIT ! ASSOUATES MI{;. NUNMGTON SEACK CA 92848 t d 1 �i [i E r R Nr a _ G• MA 114 "'a CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT 2000 MAIN STREET HUNTINGTON PEACH, CA 22646 __ _ �:�"•"�`� lml t ASSouAIES W— r ar a�a owu ATTACHMENT "C" SAMPLE RELATED EXPERIENCE OF KEY STAFF Client (including name of contact person and telephone no. City of Los Angeles, Street Division; Joe Smith 213/555-7777x321 Caltrans, District 7, James Allen 213/564-7891 Protect Description ..(including general description of project, scope of services provided, project cost and year project was completed or year estimated to be completed of not completed yet.) Preparation of plans, specifications and cost estimates for Wilshire Avenue widening project which included street improvements, storm drain, street lights, traffic signals, and utility relocation's; $1.2 million; 1996 Field survey, utility research, and preparation of design report and final plans, specifications, and cost estimates for 1-5/1-405 Interchange Project including bridges, ramps, storm drain, safety lighting, retaining walls, and detour road; $4.5 million; 1999 (estimated). Key Staff )including names and the role e.g. project manager, project engineer, on that project. Include only the staff who are included in your proposal for this project.) Jane Doe, Project mgr. Howard Jones, Project Engineer. William Job, Project Mgr. while employed by ABC Consultants. Note: Projects can be those that your staff worked on while employed with another firm. ATTACHMENT "D" SAMPLE DESIGNBUILD AGREEMENT- (CC #1066) THIS DESIGNBUILD AGREEMENT (the "Agreement"), made and entered into this day of , 1998, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California,. hereinafter referred to as "CITY", and , a corporation, hereinafter referred to as "DESIGNBBUILDER." Hereinafter, the CITY and the DESIGNBUILDER may be referred to collectively as the "Parties". RECITALS: WHEREAS, CITY desires to obtain services for the design, engineering and construction services for the removal and replacement of underground fuel storage tanks. on WHEREAS, the CITY issued a Request For Proposals for the Project on , 1998 ("RFP"); and WHEREAS, DESIGNBUILDER 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, 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 DESIGNBUILDER 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. DESIGNBUILDER 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 DESIGN/BUII.DER's responsibilities, as further described in the Contract Documents include, but are not limited to, the following tasks: A. Preparation of conceptual plans; SAMPLE Jmp/k/g:agree/des1samprM4/98 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 jmp/sample/design/February 20,1998 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 OWNER'S DUTIES AND RESPONSIBILITIES 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 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 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 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 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 PERFORMANCE 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. 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 calendar days after the date of issuance of the Notice to Proceed and to achieve 3 jmp/sample/desigrVFebruary 20, 1998 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 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 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 jmp/sample/design/February 20,1998 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 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 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 DESIGN/BUILDER for all Work required by the Contract Documents. ARTICLE 6 PAYMENT AND 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 DESIGN/BUILDER shall deliver to the CITY on the day of each month, an Application for Payment covering the Work performed during 5 jmp/sample/desigNFebruary 20,1998 such month. The Application for Payment shall constitute a representation by the DESIGN/BUILDER 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; DESIGN/BUILDER 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 DESIGN/BUILDER 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 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 6 jmp/sampleldesigrVFebruary 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 DESIGN/BUILDER for the percentage of Work completed through the period covered by the Application for Payment less 10% retainage. C. The DESIGN/BUILDER shall have the option to substitute securities for monies withheld from Progress Payments to ensure DESIGN/BUILDER'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 DESIGN/BUILDER 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 DESIGN/BUILDER'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 jmp/sample/desigNFebruary 20,1998 ("Punchlist") and fixing the time within which DESIGN/BUILDER shall complete the Punchlist items and achieve Final Completion. 6.06 Final Completion and Final Payment. 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 Claims. Acceptance of Final Payment by the DESIGN/BUILDER 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 PROTECT DOCUMENTS 7.01 Use of Materials. DESIGN/BUILDER 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 Imp/sample/design/February 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 Delivery of Work Product. 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 Record 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/BUILDER REPRESENTATIONS AND RESPONSIBILITIES 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; 51 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. 9 jmp/sample/designMebruary 20,1996 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 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 relates 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 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 jmp/sample/desigNFebruary 20,1 M 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 Conference. 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 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. 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 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 11 jmp/sample/desigNFebruary 20,1998 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 Final Design Phase. 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 12 imp/sample/desigNFebruary 20,19W prepared, where appropriate, in general conformance with the sixteen division format of the Construction 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. DESIGN/BUILDER 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 DESIGN/BUILDER, this Contract may be terminated for convenience and DESIGN/BUILDER will be compensated for the reasonable value of services performed prior to termination. ARTICLE 10 CONSTRUCTION PHASE SERVICES 10.01 General. 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. DESIGN/BUILDER shall provide or cause to be provided and shall pay for design services, labor, i 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 of 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 the DESIGN/BUILDER's operations. At the 13 jmp/sample/desigrUFebruary 20. 1998 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 Equipment. A. DESIGN/BUILDER 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. 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 jmp/sample/desigNFebruary 20, 1998 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 PHASE 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 Imp/sample/design/February 20,1998 individuals and entities performing or furnishing 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 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 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 BONDS 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 Imp/sample/design/February 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 - INDEMNIFICATION 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 DESIGN/BUILDER, DESIGN/BUILDER'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 maybe 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 jmp/sampleldesign/February 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 General 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 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 DESIGN/BUILDER's insurance shall be primary. 15.03 Professional Liability 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 18 jmp/sample/design/February 20,1998 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 of Insurance 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 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 19 Imp/sample/design/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 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. 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 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 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 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. 20 jmplsampleldesigNFebruary 20,1998 ARTICLE 19 TAXES 19.01 DESIGN/BUILDER shall pay all sales, consumer, use, gross receipts and other similar taxes required to be paid by DESIGN/BUILDER 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 land or area, or to the CITY or occupant thereof or of any adjacent land 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 DESIGN/BUILDER'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 jmp/sample/desigNFebruary 20,1998 supervising all safety precautions and programs in connection with the construction. DESIGN/BUILDER 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 DESIGN/BUILDER 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 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. DESIGN/BUILDER'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 Safety Representative. 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. 3 ARTICLE 22 HAZARD COMMUNICATION 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 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 22 jmp/sampie/design/February 20,1998 authorization from CITY, is obligated to act to prevent threatened damage, injury or loss. DESIGN/BUILDER 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 SUBMITTALS 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. DESIGN/BUILDER 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 DESIGN/BUILDER 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 CONTINUING 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 26 23 jmp/sample/design/February 20,1998 DESIGN/BUILDER'S GENERAL WARRANTY AND 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 DESIGN/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 DESIGN/BUILDER 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 jmp/sample/design/February 20.1998 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 DESIGN/BUILDER shall obtain approved "Dark Days" from CITY prior to commencing corrective measures of defective work. The DESIGN/BUILDER 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 DESIGN/BUILDER, whichever occurs first, free and clear of all stop notices, claims, security interests or encumbrances. The DESIGN/BUILDER 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 jmp/sample/desigNFebruary 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 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 CHANGES IN THE WORK AND CLAIMS 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 jmp/sampie/desigrEebruary 20, 1998 in the Contract Documents unless a change therefrom is authorized in writing by the CITY. - DESIGNIBUILDER 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 DESIGNIBUILDER 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, DESIGNIBUILDER - 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 DESIGNIBUILDER; 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 DESIGNIBUILDER 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 TUTS 'D TNSPECTIONS_r,0REECT1QN, RUN OVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION 29.01 noce 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 Constnlction. 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 DESIGN/BUILDER's site safety procedures and programs so that they may comply therewith as applicable. 29.03 Tegs And Inspections. 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, DESIGNIBUILDER 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 . ]mp&smpteldestgn/Feb=ry 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 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 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 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 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 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, DESIGN/BUILDER may make a claim therefor as provided herein. 29.05 City May Stop the Construction. If the construction is defective, or DESIGN/BUILDER fails to supply sufficient skilled workers or suitable materials or 28 jmp/sample/deslgrWebruary 20, 1998 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 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, 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 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 DESIGN/BUILDER 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 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 jmp/sample/desagNFebruary 20. 1998 V V additional period of one year after such correction or removal and replacement has been satisfactorily completed, 29.08 Acceptance of Defective Construction. At, 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 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 DESIGN/BUILDER to CITY. 29.09 CLy Niay Correct _Mefective Qpnstruction. If DESIGN/BUILDER 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 DESIGNBUILDER from all or part of the site, take possession of all or part of the construction, and suspend DESIGN/BUILDER's services related thereto, take possession of DESIGN/BUILDER'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 DESIGNIBUILDER 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 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 DESIGN/BUILDER that the entire construction or an agreed portion thereof is complete, CITY will make a final inspection with 30 ImplsampleJdesigrWebmry 20.1998 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 INDEPENDENT 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 TERMINATION OF AGREEMENT 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DISPUTE RESOLUTION 32.01 Any dispute which cannot be resolved between the Parties shall be resolved 31 1mp/sample/desigNFebruary 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 and subcontracts and to _obtain express waives from all subcontractors and subconsultants of rights concerning change of venue. ARTICLE 33 ASSIGNMENT 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 EMPLOYEES 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 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 jmp/sample/desigrVFebruary 20,1998 ARTICLE 37 CAPTIONS 37.01 Captions of the section of this Agreement ate 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 ATTORNEY'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 SEVERABILITY 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 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 33 jmp/sample/desigrdFebruary 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: By: print name ITS: (circle one) Chairman/President/Vice President 0 print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer License Number: Expiration Date: REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: t+f City Attorney INITIATED AND APPROVED: Chief of Police 34 jmp/sample/desigNFebruary 20.1998 DESIGN/BUILD AGREEMENT TABLE OF CONTENTS Page(s) ARTICLE 1 WORK STATEMENT.........................................................................................1 ARTICLE 2 CONTRACT DOCUMENTS...............................................................................2 ARTICLE 3 OWNER'S DUTIES AND RESPONSIBILITIES................................................3 ARTICLE 4 TIME OF PERFORMANCE................................................................................ 3 ARTICLE 5 CONTRACT PRICE............................................................................................4 ARTICLE 6 PAYMENT AND COMPLETION.......................................................................4 ARTICLE 7 PROJECT DOCUMENTS...................................................................................4 ARTICLE 8 DESIGNBUILDER REPRESENTATIONS AND RESPONSIBILITIES ...........4 ARTICLE 9 DESIGN PHASE SERVICES................................................:.............................4 ARTICLE 10 CONSTRUCTION PHASE SERVICES..............................................................4 ARTICLE 11 OPERATIONAL PHASE....................................................................................4 ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS..........................................4 ARTICLE13 BONDS..............................................................................................................4 ARTICLE 14 INDEMNIFICATION..........................................................................................4 ARTICLE15 INSURANCE......................................................................................................4 ARTICLE 16 PATENT FEES AND ROYALTIES....................................................................4 ARTICLE17 PERMITS............................................................................................................4 ARTICLE 18 LAWS AND REGULATIONS............................................................................4 ARTICLE19 TAXES................................................................................................................4 ARTICLE 20 USE OF SITE AND OTHER AREAS.................................................................4 ARTICLE 21 SAFETY AND PROTECTION............................................................................4 ARTICLE 22 HAZARD COMMUNICATION PROGRAMS....................................................4 i ARTICLE23 EMERGENCIES.................................................................................................4 ARTICLE 24 SUBMITTALS....................................................................................................4 ARTICLE 25 CONTINUING THE WORK................................................................................4 ARTICLE 26 DESIGNBUILDER'S GENERAL WARRANTY AND GUARANTEE..............4 ARTICLE 27 PREVAILNG WAGE.....................................................................26 ARTICLE 28 CHANGES IN THE WORK AND CLAIMS.......................................................4 ARTICLE 29 TESTS AND INSPECTIONS CORRECTION. REMOVAL...............................4 OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION ARTICLE 30 INDEPENDENT DESIGNBUILDER.................................................................4 ARTICLE 31 TERMINATION OF AGREEMENT...................................................................4 ARTICLE 32 DISPUTE RESOLUTION...................................................................................4 ARTICLE 33 ASSIGNMENT AND SUBCONTRACTING......................................................4 ARTICLE 34 COPYRIGHTS/PATENTS..................................................................................4 ARTICLE 35 CITY EMPLOYEES AND OFFICIALS..............................................................4 ARTICLE36 NOTICES............................................................................................................4 ARTICLE37 CAPTIONS.........................................................................................................4 ARTICLE 3 8 RVI IIGRATION..................................................................................................4 ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED.................................4 ARTICLE 40 ATTORNEY' S FEES..........................................................................................4 ARTICLE 41 SEVERABILITY.................................................................................................4 ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED...............................4 ii ATTACHMENT "E" Environmental Unit Cost Matrix Item Unit Qty. Unit Price Cost Soils Excavation, Protection, Stockpiling, Loading for impacted soils (i.e. beyond base necessary for system removal at a 1.5 T per c.. basis Ton 200 Incremental addition or subtraction for impacted soils excavation plus or minus 200 tons (as indicated above) Ton Per Unit Incremental cost for compacted new backfill in place of impacted soils plus or minus base 200 tons). Ton Per Unit Analytical -Method 8015/8020 modified for gasoline and diesel * Ea. MTBE (Method 8020 verified via 8260) * Ea. TRPH (Method 418.1) * Ea. Total Lead (Method 7420) * Ea. Semi-VOC (Method 8260) * Ea. Waste Profile TCLP Metals, Organics (w/o pesticides or herbicides), Reactivity, Ignitability, Corrosivi * Ea. Closure Report and assessment per agency requirements with photographic documentation L.S. Transportation & Recycle to TPS Ton 200 Incremental Cost (plus or minus) T&R to TPS Ton Per Unit ENVIRONMENTAL - CLOSURE SUBTOTAL ALTERNATIVE #2 - Transportation & Disposal to Class II approved landfill Ton 200 ALTERNATIVE #3 - Incremental Cost (plus or minus) T&D Class II Landfill Ton Per Unit Water Samples Ea. Per Unit Water Disposal Gallons Per Unit * Quantity based on agency standard quantities for scope as outlined. Contractor to indicate proposed quantities in "Qty. " column. No samples included in base bid. ATTACHMENT "F" CITY PROVIDED EQUIPMENT The following is the list of the materials and quantities required to be purchased by the City and installed by the contractor: SITE A: CITY YARD Tanks Joor "Plasteel" double wall steel, composite. (8 total required). Tanks to be fabricated with (4) 4" fittings on 8" radius inside 43" containment collar. Unleaded and diesel tanks to have two collars each. Remaining tanks to have one collar. Sizes in gallons:'(1) 15,000 unleaded; (1) 12,000 diesel; (1) 2,000 waste oil; (1) 1,000 motor oil; (4) 550 oils and service fluids. Pumps Red -Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required) Balcrank #1131-005 Tiger 500 piston -type oil pump set (5 required) Dispensers Gasboy twin hose. (2) diesel #9153AXTW1; (2) unleaded #9152AXTW1 Tank containment sumps American Containment #OCT-48 (10 required) Monitor system Veeder-Root model #TLS-350R with the following sensors, probes, and accessories : Magnetostrictive Probe (Mag 1) #847390-108 (2 required) Magnetostrictive Probe (Mag 1) #847390-104 (1 required) Magnetostrictive Probe (Mag 1) #847390-101 (5 required) Sump Leak Sensor #794380-208 (10 required) Tank Annulus Leak Sensor #794390-420 (8 required) Probe Cap And Ring Kits #312020-952 (8 required) Float Installation Kits - gasoline #849600-000 (1 required); diesel #849600-001 (1 required); oils #849600-002 (6 required) Under dispenser containment pans Bravo Systems. Inc. #2635-3 with BSMYE4 - diesel, (2 required); #2635-3 with BSMYE4, BSB1 Bracket, BSB1 set, (2 required) Card reader system GaGasboy 2 card system, user programmable cards, (2) island terminals Tank fill boxes CNI Manufacturing #36-21-H (7 required) #36-05-H (1 required) #7045 (2 required) #7029 (8 required) SITE B : PARKS YARD Tanks Joor "Plasteel" double wall steel, composite. (3 total required). Tanks to be fabricated with (4) 4" fittings on 8" radius inside 43" containment collar. Unleaded and diesel tanks to have two collars each. Waste oil tank to have one collar. Sizes in gallons: (1) 10,000 unleaded; (1) 5,000 diesel; (1) 550 waste oil. Pumps Red -Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required) Dispensers Gasboy twin hose. (1) diesel #9153AXTW1; (1) unleaded #9152AXTW1 Tank containment sumps American Containment #OCT-48 (5 required) Monitor system Veeder-Root model #TLS-350R with the following sensors, probes, and accessories : Magnetostrictive Probe (Mag 1) #847390-108 (2 required) Magnetostrictive Probe (Mag 1) #847390-101 (5 required) Sump Leak Sensor #794380-208 (5 required) Tank Annulus Leak Sensor #794390-420 (3 required) Probe Cap And Ring Kits #312020-952 (2 required) Float Installation Kits - gasoline #849600-000 (1 required); diesel #849600-001 (1 required); waste oil #849600-002 (1 required) Under dispenser containment pans Bravo Systems. Inc. #2635-3 with BSMYE4 - diesel, (1 required); #2635-3 with BSMYE4, BSB1 Bracket, BSB1 set, (1 required) Card reader system Gasboy 2 card system, user programmable cards, (1) island terminal Tank fill boxes CNI Manufacturing #36-21-H (2 required) #36-05-H (1 required) #7045 (2 required) #7029 (3 required) SITE C : GOTHARD FIRE STATION Tanks Joor "Plasteel" double wall steel, composite. (2 total required). Tanks to be fabricated with (4) 4" fittings on 8" radius inside 43" containment collar. Unleaded and diesel tanks to have two collars each. Sizes in gallons: (1) 4,000 unleaded; (1) 2,000 diesel. Pumps Red -Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required) Dispensers Gasboy twin hose. (1) diesel #9153AXTW1; (1) unleaded #9152AXTW1 Tank containment sumps American Containment #OCT-48 (4 required) Monitor system Veeder-Root model #TLS-350R with the following sensors, probes, and accessories : Magnetostrictive Probe (Mag 1) #847390-104 (2 required) Sump Leak Sensor #794380-208 (4 required) Tank Annulus Leak Sensor #794390-420 (2 required) Probe Cap And Ring Kits #312020-952 (2 required) Float Installation Kits - gasoline #849600-000 (1 required); diesel #849600-001 (1 required). Under dispenser containment pans Bravo Systems. Inc. #2635-3 with BSMYE4 - diesel, (1 required); #2635-3 with BSMYE4, BS131 Bracket, BSB1 set, (1 required) Card reader system Gasboy- 2 card system, user programmable cards, (1) island terminal Tank fill boxes CNI Manufacturing #36-21-H (1 required) #36-05-H (1 required) #7045 (2 required) #7029 (2 required) SITE D : MURDY FIRE STATION Remove existing tank, piping, and dispenser. No replacement. SITE E : WARNER FIRE STATION Tanks Joor "Plasteel" double wall steel, composite. (2 total required). Tanks to be fabricated with (4) 4" fittings on 8" radius inside 43" containment collar. Unleaded and diesel tanks to have two collars each. Sizes in gallons: (1) 6,000 unleaded; (1) 2,000 diesel. Pumps Red -Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required) Dispensers Gasbov twin hose. (1) diesel #9153AXTW1; (1) unleaded #9152AXTW1 Tank containment sumps American Containment #OCT-48 (4 required) Monitor system Veeder-Root model #TLS-350R with the following sensors, probes, and accessories: Magnetostrictive Probe (Mag 1) #847390-106 (1 required) Magnetostrictive Probe (Mag 1) #847390-104 (1 required) Sump Leak Sensor #794380-208 (4 required) Tank Annulus Leak Sensor #794390-420 (2 required) Probe Cap And Ring Kits #312020-952 (2 required) Float Installation Kits - gasoline #849600-000 (1 required); diesel #849600-001 (1 required). Under dispenser containment pans Bravo Systems. Inc. #2635-3 with BSMYE4 - diesel, (1 required); #2635-3 with BSMYE4, BS131 Bracket, BSB1 set, (1 required) Card reader system Gasbov 2 card system, user programmable cards, (2) island terminals Tank fill boxes CNI Manufacturing #36-21-H (1 required) #36-05-H (1 required) #7045 (2 required) #7029 (2 required) SITE F : FIRE TRAINING FACILITY Tank Joor "Plasteel" double wall steel, composite. Tank to be fabricated with (4) 4" fittings on 8" radius inside 43" containment collar. Tank to have one collar. Size in gallons: (1) 1,000 fuel mixture. Pump Red -Jacket 3/4 h.p., submersible turbine. #AGP75S1 Tank containment sump American Containment #OCT-48 (1 required) Monitor system Veeder-Root model #TLS-350R with the following sensors, probes, and accessories : Magnetostrictive Probe (Mag 1) #847390-101 (1 required) Sump Leak Sensor #794380-208 (1 required) Tank Annulus Leak Sensor #794390-420 (1 required) Probe Cap And Ring Kits #312020-952 (1 required) Float Installation Kits - gasoline #849600-000 (1 required). Tank fill boxes CNI Manufacturing #36-21-H (1 required) #7029 (1 required) SITE G : CIVIC CENTER Upgrade existing systems as follows: Unleaded tanks - Install double wall piping, tank top containment sumps, new dispensers with containment pans, spill containment fill boxes, overfill prevention devices, certify existing monitor system is functional, install new monitor system if necessary. Diesel tank - Install interior tank lining system, overfill prevention device, certify existing monitor system is functional, install new monitor system if necessary. Certify existing cathodic protection system is functional, repair or replace as necessary. Pumps Red -Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required) Dispensers Gasboy twin hose. (2) unleaded #9152AXTW1 Tank containment sumps American Containment #OCT-48 (6 required) Monitor system (If necessary) Veeder-Root model #TLS-350R with the following sensors, probes, and accessories : Magnetostrictive Probe (Mag 1) #847390-106 (3 required) Sump Leak Sensor #794380-208 (6 required) Probe Cap And Ring Kits #312020-952 (3 required) Float Installation Kits - gasoline #849600-000 (2 required); diesel #849600-001 (1 required). Under dispenser containment pans Bravo Systems. Inc. #2635-3 with BSMYE4, BSB1 Bracket, BSB1 set, (2 required) Card reader system Gasboy 2 card / Fuel -Point passive fueling system, user programmable cards, (1) island terminal. Tank fill boxes CNI Manufacturing #36-21-H (1 required) #36-05-H (2 required) #7045 (3 required) #7029 (3 required) SITE H : LAKE FIRE STATION Tank Joor "Plasteel" double wall steel, composite. Tank to be fabricated with (4) 4" fittings on 8" radius inside 43" containment collar. Tank to have two collars. Size in gallons: (1) 4,000 diesel. Pump Red -Jacket 3/4 h.p., submersible turbine. #AGP75S1 Dispenser Gasboy single hose. (1) diesel #9153AX Tank containment sumps American Containment #OCT-48 (2 required) Monitor system Veeder-Root model #TLS-350R with the following sensors, probes, and accessories: Magnetostrictive Probe (Mag 1) #847390-104 (1 required) Sump Leak Sensor #794380-208 (2 required) Tank Annulus Leak Sensor #794390-420 (1 required) Probe Cap And Ring Kits #312020-952 (1 required) Float Installation Kits - diesel #849600-001 (1 required) Under dispenser containment pan Bravo Systems. Inc. #2635-3 with BSMYE4 - diesel, (1 required) Card reader system Gasboy 2 card system, user programmable cards, (1) island terminal Tank fill boxes CNI Manufacturing #36-21-H (1 required) #7045 (1 required) #7029 (1 required) SITE J : BEACH YARD Tanks Joor "Plasteel" double wall steel, composite. (3 total required). Tanks to be fabricated with (4) 4" fittings on 8" radius inside 43" containment collar. Unleaded and diesel tanks to have two collars each. Waste oil tank to have one collar. Sizes in gallons: (1) 5,000 unleaded; (1) 2,000 diesel; (1) 550 waste oil. Pumps Red -Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required) Dispensers Gasbov twin hose. (1) diesel #9153AXTW1; (1) unleaded #9152AXTW1 Tank containment sumps American Containment #OCT-48 (5 required) Monitor system Veeder-Root model #TLS-350R with the following sensors, probes, and accessories : Magnetostrictive Probe (Mag 1) #847390-104 (2 required) Magnetostrictive Probe (Mag 1) #847390-101 (1 required) Sump Leak Sensor #794380-208 (5 required) Tank Annulus Leak Sensor #794390-420 (3 required) Probe Cap And Ring Kits #312020-952 (3 required) Float Installation Kits - gasoline #849600-000 (1 required); diesel #849600-001 (1 required); waste oil #849600-002 (1 required) Under dispenser containment pans Bravo Systems. Inc. #2635-3 with BSMYE4 - diesel, (1 required); #2635-3 with BSMYE4, BSB1 Bracket, BS131 set, (1 required) Card reader system Gasbov 2 card system, user programmable cards, (2) island terminals Tank fill boxes CNI Manufacturing #36-21-H (2 required) #36-05-H (1 required) #7045 (2 required) #7029 (3 required) WATER OPERATIONS (suggestions) Tanks Joor "Plasteel" double wall steel, composite. (2 total required). Tanks to be fabricated with (4) 4" fittings on 8" radius inside 43" containment collar. Unleaded and diesel tanks to have two collars each. Sizes in gallons: (1) 12,000 unleaded; (1) 12,000 diesel. Pumps Red -Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required) Dispensers Gasbov twin hose. (1) diesel #9153AXTW1; (1) unleaded #9152AXTW1 Tank containment sumps American Containment #OCT-48 (4 required) Monitor system Veeder-Root model #TLS-350R with the following sensors, probes, and accessories Magnetostrictive Probe (Mag 1) #847390-108 (2 required) Sump Leak Sensor #794380-208 (4 required) Tank Annulus Leak Sensor #794390-420 (2 required) Probe Cap And Ring Kits #312020-952 (2 required) Float Installation Kits - gasoline #849600-000 (1 required); diesel #849600-001 (1 required). Under dispenser containment pans Bravo Systems. Inc. #2635-3 with BSMYE4 - diesel, (1 required); #2635-3 with BSMYE4, BSB1 Bracket, BSB1 set, (1 required) Card reader system Gasboy 2 card system, user programmable cards, (1) island terminal Tank fill boxes CNI Manufacturing #36-21-H (1 required) #36-05-H (1 required) #7045 (2 required) #7029 (2 required) hbmatl3 ATTACHMENT "G" CITY OF HUNTINGTON BEACH Underground Storage Tank Removal/Replacement Schedule Task Name Start Finish May June Jul August September October 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 1 20 27 4 11 18 PACKAGE 1 5/1198 10/22/98 Slte A - City Yard 511198 9122198 Plans & Specifications 5/1/98 7/1/98 Agency Submittals 6/15/98 7/15/98 Construction 7/15/98 9/22/98 Site B - Parks Yard 511198 10/22/98 ®� I i I Plans & Specifications 5/1/98 7/1/98 Agency Submittals 6/15/98 7/15/98 Construction 9/21 /98 10/22/98 Project: City of Huntington Beach Date: 3/2/98 Task Summary Rolled Up Progress Progress Rolled Up Task Milestone ♦ Rolled Up Milestone 0 Page 1 CITY OF HUNTINGTON BEACH Underground Storage Tank Removal/Replacement Schedule Task Name Start Finish May I June July st September October 26 1 3 110 1 17 124 131 1 7 1 14 121 1 he-5—L12A19 1 26 12 1 9.1 18 1 23 1 30 1 6 113120127J4 111 118 PACKAGE 11 5111981 1019198 1 I Site C - Gothard Fire Station 511198 7122198 Plans & Spee teeations 5/1/98 &/15/98 Agency Submittals 611/98 711198 Construction 7/1198 7122198 Site D - Murdy Fire Station 7/13/98 9114198 Plans & Specifications 7/13198 8110/98 Agency Submittals 7/27/98 8124/98 Construction 8125/98 9114198 Site E - Warner Fire Station ar1N8 10/19N8 Plans & Specifications 5/1198 6115/98 Agency Submittals 611198 71i/98 Construction 9114195 10/19/98 Site F - Fire TralM»g Facility 511198 8112198 Plans & Specifcations 5/1198 711198 Agency Submittals 6115198 7115198 Construction 7122198 8112/98 Project: City of Huntington Beach Date: 312198 Task Summary 1w Rolled Up Progress progress Rotted Up Task Milestone . Rolled Up Milestone 0 Page 2 CITY OF HUNTINGTON BEACH Underground Storage Tank Removal/Replacement Schedule Task Name Start Finish M June I Ju Au ust September October 26 1 3 110 1 17 124 131 1 7.1 14 J 21 28 1 5 112 LIS 1_2LL 2A 9 1 16 1 23 1 30 1 6 1 13 120 1 27 1 4 11 18 PACKAGE itt 511/98 IM3/98 ! I Site G - Ch4d Center VMS 10/23/98 I i I ; Plans & Specifications 5/1198 7/1196 Agency Submittals 6115198 7115/98 Construction 9123/98 1=3198 Site H - Lake Fire Station 511W8 8114198 Plans & Specifications 5118198 6129/98 Agency Submittals 6/15198 7115M8 Construction 7/15198 8114198 PACKAGE N 6129198 9121198 Site J - Beach Yard 629MB "1/98 Plans & Specifications W9198 8/10198 Agency Submittals 7127198 8/24193 Construction 824/98 921198 Pro]ect: City of Huntington Beach Date, 312198 Task Summary Rolled Up Progress Progress Rolled Up Task Milestone Rolled Up Milestone Q Page 3 unaergrouna ajL and Removal Red 5 PrniPcf CC 10RR Prepared by: fi U Gradient Engineers, Inc. Irvine, California vm - �77 I £' v.. � � 1 •� �I J NEE1! 11!�li� V ^� fki�ileU�ilGpir rlq :ffilrrllli�i� F GRADIENT ENGINEERS INC. Construction Management 1116 April 1, I998 1 EnvimnmentalServkees Proposal No. P98000075 Mr. Eric R. Charlonne, Civil Engineering Assistant THE CITY OF HUMNGTON BEACH .1 Public Works Department, Engineering Division 2000 Main Street, P.O. Box 190 Huntington Beach, California 92648 Subject: Transmittal/01ttr Letter for Professional Consulting Services Proposal for Design/Build Services for Underground Storage Tank Removal & Replacement Project CC1066 r� Dear Mr. Eric Charlonne. 'i 6J Gradient Engineers, Inc. (Gradient) is pleased to respond to the City of Huntington Beach, Department of Public Works, Engineering Division's (CH13DPW) request for proposal (RFP) for Design/Build, Professional Consulting Services, Underground Storage Tank Removal & Replaccment Project CC1066, LGradient wishes to be selected as the most qualified Consultant and Contractor for this project. We are dedicating the L most qualified and experienced staffto the CHBPWD for this project for the term of the project. In addition, we have provided many changes, options and input to the technical approach on this project in an effort to prepare solutions to the Engineering Division on how to meet their planned schedule and anticipate potential problems that Lmay arise during implementation of this project. Gradient presents in our proposal proposed corrective actions with fail-safe plans. Our cost is highly competitive since we are pursuing this project as both the Prime Contractor and Engineering Consultant. We believe by being a one -entity contractor/consultant managing this work, no conflicts will arise from a variance in opinions or approaches by having different contractorlconsultant management firms on the same project. Respectfully, L GRAMENT ENGINEERS, INC. ThomasVJ.Vh.D. eeZA odman, P.E. Vice -President President Eactuwre: Proposal Package Ciro of M t UM PrrAmt �) .1 U L r+ Enclosure: Proposal Package JPROPOSAL FOR CITY OF HUNTINGTON BEACH, PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION u 1.0 INTRODUCTION I , Gradient Engineers, Inc. (Gradient) is presenting our response to the City of Huntington Beach, Public Works �+ Department, Engineering Division for the Professional Consultation Services, Design/Build for Underground Storage Tank Removal and Replacement Project CC1066. Our proposal is organized in accordance to CIIBPWD's request for proposal (RFP) requirements including sections on: team organization with enclosed diagram, scope of services discussing methodology, technical approach, and specific activities listed in RFP, a special section on solutions to potential problems that may arise, Statement of Qualifications, summary of teams' background with design/build work and tank compliance projects, resume of key staff, and project schedule. A special "What If" section is presented in the scope of services section to address these potential unknowns and provide CHBDPW creative solutions to resolve these issues. 2.0 GRADIENT ENGINEERS' PROJECT TEAM 2.1 Gradient's Project Team Gradient's management approach is to utilize the best staff with the most years of experience in design/construct services. Messrs. Bodman, Owen and Webb have extensive experience in design/build projects relating to underground storage tank compliance programs. Gradient's organization chart found below illustrates the position, reporting sequence and role in this project. Our team will provide the best thought out plan to perform this project with the least likelihood of site constraints or problems. Gradient has selected this quality team to combine strengths of civil engineering and design, commercial and industrial building construction expertise, and underground storage tank (UST) compliance experience in performing tank removal and installation projects. For instance, Mr. Bodman developed Mobil Oil Company's specifications/design guidance manual for replacement of all their USTs in Western region (3000 locations), replaced them and built service stations before moving on to various environmental firms as Civil/Environmental Engineering Manager (VP to President Alton, Terra Vac, Recon, L &- A). Ucity ortlB, UST Project 1 L U L U LI U,, I FI L L L L V Mr. Owen has over 28 years experience in commercial, industrial and residential planning, building experience before starting as an engineer with a tank removal, installation, monitoring firm in mid 1980's. lie went on to perform over 2000 tank removals and remediation projects, installed over 100 USTs, and set up monitoring systems for over 1000 tanks before becoming the nationwide UST Program Manager for ENS in 1987. Mr. Owen was the project manager for the CIIB on a former tank program working closely with Mr. Don Kiser and Paul Johnson in 1987. tic has hands-on experience removing and installing tank systems and was formerly certified by the three tank testing procedures, various tank manufacturers, and monitoring system manufacturers for installing and testing these systems. fie has a thorough knowledge of civil engineering design, environmental engineering, toxicology, risk assessment, regulatory framework, and hands-on construction experience as a journeyman builder, plumber and electrician in the building trades. Mr. Webb has 25 years plus experience in installing as many 500 new gasoline service stations for ARCO, UNOCAL, EXXON, BP OIL, CHEVRON, and SHELL OIL. Ile also remodeled over 1000 service stations. In addition, he owned his own construction company and constructed industrial and commercial buildings, and later performed environmental cleanups and managing various subcontractors in various construction and environmental trades while working for Alton Geoscience and other environmental firms. Our team's track record includes the fastest response for new tank installs, tank removals, workplan development, health -based risk assessments for establishing applicable cleanup standards, fast track remedial action plans and site closure on record with the local implementing, governmental agencies, and the most cost competitive remediation services in the Industry. Our team has successfully completed the first of agency accepted risk -based corrective actions in Los Angeles and Orange County. We have received site closures for leaking UST sites utilizing passive bioremediation studies now highly regarded by the State Water Resources Department. Collectively, the top three members of Gradient's team have managed the removal over 10.000 tanks since 1984. Gradient's additional staff include four geologists, three engineers, three technicians and three tradesmen. Our selected subcontractors are reliable and will meet all requirements of this project. Gradient's management team has worked with the selected excavation and tank installer subcontractors for over twelve years on similar or larger projects. Our subcontractors selected for this project include: Excel Excavating, Jones Construction, and a few i other subcontractors for soil hauling and recycling (i.e. TPS,ART). Resumes of key personnel (Rodman, Owen, Webb) are found in Appendix A. Gradient has selected the following in-house Constructor/Consultant team for this project including: 1. Program Manager, Dale Bodman, P.E.; 2. Project Manager, Thomas Owen; City of 1 tR, UST Projcct FA ' 3. Field Superintendent, Robert Webb; 4, Rotating Geologists: John Nordenstrom and Andre Le Montagne; ' 5. Rotating Geologic Senior Managers: Scott Moors, CEG, and Kris Lutton, R.G.; 6. Rotating Engineering Technicians, Ed Arnitz and Paul Nuygen; and ' 7. Rotating equipment operators and tradesmen. IGradient's Subcontractors include: ' 1. Excel Excavating, tank removal, excavation, and on -site soil treatment system installer; 2. Jones Construction, tank installation specialist, and backup tank removal, excavation specialist; 3. TPS, American Recycling Treatment (ART) Company, or other's for trucking or clean soil rotation; and 4. Sierra, Associated, Apollo Analytical, or other DHS-Certified Laboratories 1 3.0 SCOPE OF SERVICES 3.1 Technical Approach ' Our approach to the project includes first analyzing the appropriate plan of action, assessing all factors affecting this ' project, researching histories relating to the tank systems and sites, and performing up front Agency Negotiations for critical factors that will impact the costs on this project. We will provide environmental and civil engineering consultation and design/build construction services for CHPWD including: l . Consulting with CHPWD on pre -startup assessment of all pertinent facts and data gaps on subsurface conditions, tank system use, inventory loss, history on operational constraints etc.; 2. Developing recommendations on how to meet schedule, prevent problems from arising, and control the project; 3. Developing risk based cleanup standards for leaking USTs using RBCA,; 4. Agency Remedial Action Workplan Pre -Approval and pre -approved standard operating procedures (SOP's); ' 5. Developing engineering controls with contingency plans on all avenues of work stoppage, dewatering, shoring, subsidence, utility shutdown emergencies, unknown obstacles etc. 6. Equipment and part inspections on what ordered by CHBPWD; 7. Reviewing law and specification requirements, and provide CHDPW other recommendations; 8. Developing engineering and technical specification plans, proposed construction schedules, and get all permits 9. Locating new tank locations on each site; 10. Designing and building the tank systems with "as built" plans; 11. New equipment and part inventory, inspections, manage ordering of parts and equipment control; 12. Organizing and managing all field operations, the tank removal, soil profiling, and impacted soils handling and assessment plans, permitting, and reports, the new tank installations, pre -bedding soil analysis for competent I City of HB, UST Project 1' i L footing material, setting the tanks, installing the monitoring systems, hard wiring electrical lines, plumbing all lines, sensors, dispensers, overfill protection boxes, fill tubes etc., backfilling, geotcchnical testing, resurfacing 5 V to patch back. r• L L L r City of I III, UST Project '4 J 3.2 Methodology Gradient proposes the following methodology including: Site new tank locations correctly, and prioritize key locations as listed in priority in the RFP, City Yard and Parks Yard install first, and Police Station retrofit work. Our goal is to first install as much new equipment as possible to prevent any down time of operations. In order to stream line our operation and minimize the city's need to have staff travel all over town to get fuel, we will add more crews for installation work at first in critical areas. Stockpiling of impacted soils will be done in a way to minimize space usage in critical areas. If site logistics demand the need for soil export activities, we are prepared to rotate clean soils to site requiring backfill material for post tank removal site patchback. We will screen soils utilizing field -monitoring techniques to allow appropriate on -site reuse soil classification. 3.2.1 Tank Installations for Phase I Specific Locations (Sites A & B, City Yard, Parks Yard, Police Station) Gradient will install a new tank first, leave one island operational, tear down the old one, and remove UST. We will use same process with hydraulic, motor oil, and waste oil tanks installed prior to removing the existing ones. In the City Yard where construction services are the most critical, we plan to install one island first and get it operational, then the other island next. Pre -bedding soil analysis is necessary to insure the subgrade soil is competent. Tanks are set into the hole by crane or excavator depending on weight allowance of the machinery, the tank then aligned for pitch and roll and set to grade at 2 % slope to the fill port side. Pea gravel or three-quarter crushed rock for backfill material is placed into the cavity around the tank. This material will reach 90 % dry Proctor density on it's own after a day or so of settlement. The remaining areas are backfilled once all tank system testing (i.e. pressurized testing, integrity testing, monitoring sensor testing etc.) is completed. The site is finished graded and resurfaced with the appropriate materials according to specifications of surface loading and wear on the area by operations. If at all possible we will pre -assemble equipment, trench, hard wire, and plumb the critical fueling stations at Site A & B before the tanks are set in place. We will perform upgrades at the Police Station at the Civic Center in a two move in plan. First, our plan is to expose quick cut out sections for tank system exposure and remove dispensers. Then on the next day, move in new equipment, re -plumb and wire as necessary in an expedient fashion since parking in this area is limited and critical. I City of HB, UST Project 5 ' 3.2.2 Managing Ordering of Materials Gradient's Superintendent Mr. Webb will manage with the city the new equipment and parts warehouse and setting equipment deliveries minimizing downtime from lack of equipment deliveries. If this failure does occur, Gradient can add a contingency plan for supplementing other sources of equipment supplies if necessary. He will order all fill material as needed to backfill all open excavation cavities as soon as possible for safety reasons. 3.2.3 Phase II Installations at Other Lower Priority Sites Next, In areas that are not deemed critical, Gradient plans to install and remove tanks simultaneously minimizing ' work time, equipment mobilization time and travel time. Package 2 sites, the Fire Stations and Training Facility will be completed in the second phase. All ingress and egress areas will be secured to insure emergency access. I I I� u In our review of this proposal various questions appear on this issue of equipment ordered. We believe by performing pre -use equipment inspections may reduce the use of faulty parts and insure all the appropriate parts and equipment are ordered and used. To insure all parts and equipment meet manufacturers' specifications and warranty, Owen and Webb, both formerly certified equipment testers for various tank system manufacturers, will be re -certified as inspectors by all the selected equipment manufacturers. 3.2.4 Tank Removals (Fast Track) The methodology for tank removal action requires the following procedure. Permits are obtained. Information on the tank history obtained. The tanks are dipped stick to see what product is left in the tank; next the residual tank product is removed. Utility clearance is required or review of all available "as builts" is completed. The tank areas are exposed, concrete or asphalt removed and the tank soil overburden of 4-5 feet removed. The lower explosive limit (LEL) is next checked for the presence of vapor free environment. The tank is then triple rinsed to remove residual product, if minimal sludge and sediment is in the bottom of the tank. In older tanks, some rust and sediment will not be able to be removed effectively. Under this scenario, the tanks can be hauled off as hazardous waste and sent to an approved treatment, storage and disposal facility for further cleaning and destruction. Degassing must be completed first before transport is allowed. Inspectors from the OCHCA and CHBFD will permit as necessary deviance from the original plan to incorporate various other proposed options. For gasoline tanks, degassing is required to reduce the vapor -laden environment before the tank is removed from the ground pursuant to Rule 1149. A vapor abatement unit with the appropriate various locations permit from the South Coast Air Quality Management District degasses the gasoline Ousts. The diesel tanks will be purged of vapors City of HB, UST Project 6 c utilizing dry ice at a rate of 15 pounds of dry ice to 1000 gallons of storage capacity. The LEL will be checked once all these preventive measures are inplace, as witnessed by the appropriate City and County inspectors. A Marine Chemist of CIh will inspect and certify the tanks as safe for entry and ready for transport as non- hazardous solid to an approved metal recycling facility. The EPA tracking number is painted on the tank before it is loaded on to a flat bed truck. Manifesting and bills of laden record keeping is completed and signed off by the CHBDPW designated representative. The soils engineer inspects the bottom of the former tank cavity, approves or hydrated, then backfill soil is placed into the pit under his direction and geotechnical tests performed to his satisfaction. With all pre -approved procedures in place, the former tank cavity is compacted and the area resurfaced with the same procedure for resurfacing as discussed above in new tank installs section. 3.2.5 Soil Removal, Segregation, and Recycling The soil requiring removal in contaminated areas will be segregated by odor, color and vapor measurements. Once the initial screening is done soil will be stockpiled into labeled stockpiles onto 10 mil visqueen liners and tested for chemical analysis by a DIIS-Certified laboratory. Once the lab reports are received verbally, the soil will be labeled accordingly and the testing report kept on site by the Superintendent. Soil will be reused in tank removal sites where contamination exists and no -action is warranted as approved by the Orange County health Care Agency (OCI•ICA) and the City of Huntington Beach Fire Department (CHFD). if the City wishes to utilize a soil recycler, then a way to save money would be to reuse the treated soil and have return trucks get loaded with clean soil from the treatment facility. Another option would be to be centralize a non -hazardous waste soil treatment area and treat all the impacted soils to a reasonable level of Total Petroleum hydrocarbons with chemical speciation and carbon chain identification at 10,000 ppm-TPII. This process requires that the TPII-impacted soils have no volatile organic compounds present such as benzene, toluene, ethylbenzene and xylene (13TEX). however, the chances of all these sites being pre -determined as low -risk sites is very positive. Today, our research in talking with Mr. Peter Peuron of the Orange County Health Care Agency OCHCA) is that remedial action for petroleum hydrocarbon -impacted soils may not be necessary for five of these low -risk sites. In a most recent instance OCIICA allowed immediate backfill of a leaking waste oil tank site with no further remedial action. 11owever, determination of the presence of free product on the ground water released from leaking tanks or vapor releases that could migrate into residential areas must still be assessed. But installation of groundwater wells is not recommended unless Non Aqueous Phase Liquids (NAPL) is within ten feet of the capillary fringe and groundwater interface. The use of hydropunch technology is recommended. This information used with appropriate up -front agency negotiations, site characterization analysis, and risk -based assessment will save lost of money and prevent site restrictions in that excavation cavities can be closed up immediately after tank removal. City of I 1t3, UST Project 7 u � � 3.2.5 The What Ifs, Site Constraints, Problems and Issues LI In our assessment of this project. Gradient has developed a list of what if s that may take as many as three pages to complete and address appropriately for this proposal. Our goal is to illuminate the reviewing committee of our forethought in this matter and provide solutions for a few of these issues. L 3.2.5.1 What Will Stop the Proiect? Gradient believes that the following list of what ifs will stop a tank installation project including: ISSUE SOLUTION 1. Contaminated soil found in selected site hole Do upfront inspection or soil probe tests �r 2. Unknown obstacle found in area Clear subsurface utilities, and interview local Ops (' 3. Tank parts defective Inspect at the time of delivery, get on -site inspector 4. Water in hole Dewater, install deadman not slab, check water level water levels before digging in area with piezometers 5. Delays by delivery of equipment Prevent delays ahead of time b. Defective equipment Ilave backup equipment L7. Subcontractor delay [lave backup equipt. or sub 8. Restricted Site Access Arrange schedule and post to all L 9. Tank Lining won't work Inspect tank before making this decision Decide to Install New Tank upfront 10. Retrofit will not work Analyze system first, examine tank etc. L H. Dispute among other Contractors Use only One Prime Contractor/Consultant 12, Electrical Panel has no dedicated breaker Install subpanel 13. Site lockout Analyze schedule and contact City 14. Earthquakes Set tanks with deadmen Li 15. City's Plan changes Prevent this from happening later in the project What will f stop tank removal projects ? i. Contamination and massive vapors in hole Have Vapor Extraction System (VES) available 2. Contamination is significant Pre -arrange RAPISOPs with Agency upfront l 3. Tank location is off Check fill port first, or use geophysics 4. Utility Lines block area Inspect as builts, run on -site utility clearance first ' City of F 1B. UST Project r1•, � j L U LI L L L 6 0 G S. 6. 7. B. 9. 10. Sludge in bottom of tank Spread of soil contamination is too great fill with porous rock and backfill with approval Tank hole is in water Groundwater contamination Explosive environment Piping run is contaminated tank systems are done ahead of breaking the ground City ofla UST Projcct 0 haul off as hazardous Use in -situ remedial technology, line hole with liner, Dewater first, or ignore and backfill ASAP Test and backfill with pea gravel Cover, contain and degas Perform upfront assessment after pre -evaluation of rI L 4.0 STATEMENT OF QUALIFICATIONS L 4.1 Gradient Engineers, Inc. L Gradient is local General Engineering Contractor and Environmental and Civil Engineering Consulting firm. We were reorganized from Leighton &: Associates, Inc. (L & A). L & A has worked over the past 36 years in this Industry, providing consultation to various municipalities like the City of Huntington Beach. Gradient Engineers, Yrl Inc. is privately held by the GTG Corporation of Companies. We have provided state-of-the-art construction management/construction services in the areas of public works, commerciallindustrial construction, underground storage tank management and compliance programs, and civillenvironmental engineering projects involving land redevelopment, water resources, watershed management, waste minimization and water reclamation projects. GTG companies's cost of projects over the past 30 years range on an average from $200,000 to a high of 5-10 million dollars for long term projects. Financials of the GTG Company as a whole, have ranged from revenue in 1996 of 12 millions dollars to revenue in 1997 of 25 million dollars to this years predicted increase to 28 million dollars. This Monday, GTG celebrated L & A winning another Transportation Corridor project for the next four years. Gradient has recently booked projects in the 1-2 million dollar plus range for land development, and seismic relay station monitoring station installations for the Jet Propulsion Laboratory, NASA, USGS project. LSome of Gradient's client types include: ♦ Federal, State, County, and City Agencies ♦ Industrial/Commercial U♦ Architectural — Engineering Design Firms ♦ Petroleum Retailers/Companies ♦ Fast Food Companies ♦ Private Developers Our staff represents a wide range of disciplines, including civil and environmental engineering, geology, hydrology, earth scientists, construction managers, construction crews. Each member of our staff is highly committed to applying their extensive expertise in successfully managing projects that are both cost effective and completed in a timely manner. Gradient's reputation for on -schedule performance is excellent. With its headquarters strategically located in Irvine, California, Gradient is committed to providing professional, competent services to meet the specialized needs of its ' clients. 4.2 Quality of Service and Schedule Commitment LGradient Engineers is committed to providing quality professional services, while remaining responsive to budget, schedule and scope of service commitments. Gradient's goal is the satisfaction of its clients and the success of their projects. It is of paramount importance to Gradient to provide the required response to meet our client's schedule. LOur staff has a solid reputation for meeting demanding deadlines on complex projects, while adhering to the exacting demands of each assigned project. L L. City of 11B, UST Project 10 LI 43 L' 60 t+r Staff Experience Previously, in Section 2, Gradient's Project Team summary listed the selected team members and their role in the project. Dale Bodman, P.E. will review all contractual agreements, changes in scope of services, insurance and bonding documents and manage all other administrative tasks related to this project. Ile will work closely with Thomas Owen, Project Manager on development of all project specifications, engineering plans, plan check review and permit applications as the California Registered Engineer -in -Charge. Bodman will also act as the Quality Assurance and Quality Control manager for all correspondence, contacts, testing, scientific protocol review, and report review. Both of these individuals have over 15 years experience in performing of these build/design tasks. Thomas Owen as the Project Manager will implement the plan. Ile will manage all planning, site reviews, operations, scheduling, performance of all personnel, subcontractors and inspect equipment and parts. Owen with Bodman will interface with the City Engineers, Police and Fire Department, Public Works Personnel in satisfying site access and scheduling needs of all. As the project proceeds, Bodman and Owen will be equally involved in the project but can be interchangeably used for any or all of the tasks in management of this project. Although Mr. Owen will remain the prime contact for the project throughout the project, Bodman will operate as the alternate for Owen. Mr. Webb will run all field operations as the Project Superintendent. His responsibilities will be to manage all field tasks, insure equipment and part are inspected and then installed properly, and manage all tank removal work, soils handling and assessment in the field. Gradient has designated Ed Amitz as Field Foreman. Ile assists Webb in running subcontractors, obtaining and organizing equipment and assembly operations. Geologists listed are used as needed in the field with on -site vapor sampling, soil sampling, and handling, chemical analysis management and data input. The enclosed summary of experience is found as Attachment B City of tits. UST Project II 5.0 CLOSING 5.1 Insurance and Bonding Gradient can meet all insurance requirements of this proposal. Gradient as GTG is insured for 2 million dollars and a 5 Milllion dollar rider is available upon request. Dale Bodman, President has the authority to sign all contracts and insurance related documents and is the prime contact for contractual issues. 5.2 Closing Gradient looks forward to meeting with the CHBPWD on being selected for this project. We have a lot of helpful insight and know-how to prevent unnecessary problems from occurring during performance of this contract. Respectfully, Thomas J. Owen, Ph.D. Vice -President Dale B. Bodman, P.E. President City of I1B. UST Project 12 D c7 0 © L� r_-- r"- = r ' [-7 © = r--� r-7 = C-1 Q 177 =- r-_ Il— . L - = RELATED EXPERIENCE OF KEY STAFF Gradient Staff Project Description Client Project Manager for the development of Mobil Oil Corporation's Mobil Oil Corporation DALE. B. BODMAN underground storage tank program in response to the Sher Hill. Nick Puig (310) 212-1879 PE, RCE President and CEO Involved the design of secondary containment systems for tanks and lines and the use of monitoring systems. Construction Engineer -Provided design drawings for the installation of Debbie Murphy Dubois UST's. Performed the removal and replacement of numerous USTs for Mobil Oil Corporation. -- -,---- -- - - Project Manager, Removed and Replaced USTs for the City of City of 1113, Paul Johnson, Don Kiser TI10'11AS J. OWEN l luntington Beach, Site Assessment, Agency Negotiations and (714) 536-5919 Civit'Environmental Engineer remediation completed with site closure. While at Tank Protect Engineering Project Manager, removed and replaced 128 USTs, 28 sumps, 14 Lockheed Aeronautical Systems clarifiers, installed three 30,000 gallon USTs, shoring, performed all Company, Wendell Suyama, I lughes environmental and civil engineering tasks, Agency negotiations, site (310) 626-2829 assessment to site closure. While at ENSR Corp. Project Manager, Yellow Freight Systems, managed nationwide tank (214) 631-7400 compliance program throughout the US. Over 150 tanks removed, 200 tanks investigated, site assessment and remediation completed at 28 sites. While at ENSR Removed over 700 tanks for various clients throughout California, Ford Motor Land Division, AKZO Chemical and other City of I tt3, UST Project a �� © C7 r- i-: C."_. >�' = C r'-'. r.-I © = i=J !fin r- i-'. F-7 r- RELATED EXPERIENCE OF KEY STAFF Gradient Staff Project Description Client Construction of new convenience stores with new tanks and pump Mike Schotzberger, Engineer TIOBERT N. WEBB island. (602) 530-5089 Construction Manager Construction of new service stations. Retanked and repiped existing Dennis Carlson, Engineer station. (714) 577-1848 Construction of new service stations. Retanks and repiped. Frank Fossoti, Engineer (714)427-3402 ANDRE LaMONTAGNE Underground Storage Tank removal at 5 sites consisting oft 10,000' Taronmin industries Construction Engineer gallon tanks and several smaller waste oil tanks at each site. Backfill Bill Tarormina and compaction. (714) 238-3314 Underground Storage Tank removal at 3 sites consisting of 20,000, General felt industries (3)10,000-gallon tanks. Managed and performed assessment and Ken Robertson remediation of subsurface soils at site contaminated with ketone (213) 759.4903 solvents, chlorinated solvents, and fuels. Remediation included two kinds of excavating, off;she disposal and on -site thermal desorption Removed four 50,000-gallon USTs at Ralphs warehouse facility. Ralphs Corporation Remediated 2,000 yards of contaminated soil with an on -site pug mill, Compton in which the contaminated soil was turned into an asphaltic -based material. City of 1 IR. UST Project 1 RELATED EXPERIENCE OF KEY STAFF Gradient Staff Project Description Client De -watering for the removal and replacement of UST tanks at the West MTA PAUL P. II. NGUYEN Hollywood bus terminal. Los Angeles CA. Field Supervisor (with CET Environmental Services, Tustin CA.) lealth and Safety Officer for Becthel for the removal of contaminated City of Montebello soils at the Montebello Metro station. Montebello, CA Over see UST and pump islandlpiping of (2) 5,000-gallon tanks. Lusk Company, Irvine EDWARD W. ARNITZ Environmental manager for remediation of contaminated soils. John [fall Construction Superintendent Remediation included excavation and off -site disposal (714) 757-6194 Underground Storage Tank removal consisting of (1) 10,000, (2) 5,000- lladleys Fruit Stand gallon fuel tanks, several waste oil tanks and a clarifier. Cabozon rq L_ City of 11B. UST Projcct Z CITY OF HUNTINGTON BEACH PUBLIC WORKS Engineers Construction Managers provicles hulkling plan and clesign review GRADIENT ENGINEERS, INC. DALE BODMAN, P.E. Program Manager reviews/creates design/construction plans GRADIENT Field Crews Equipment Operators A BOB WEBB Project Superintendent SUBCONTRACTORS Department of Excavation Tank Installer I lealth Services Contractor Contractor Certified Laboratory FACILITIES Fire Department Police Department Public Works arranges and coorclinates facility access and coorclinates with general contractor/consultant THOMAS OWEN Project Manager implements plan Soil I Iauler Recycler GRADIENT - Geologists - Engineers - Technicians C DALE B. BODINIAI\`, RCE, REA President PROFESSIONAL SUMMARY Mr. Bodman is the president and chief executive officer of Gradient Engineers, Inc. He has more than 19 years of professional experience in civil, environmental engineering, and hazardous waste management disciplines. His experience includes the management of multi -disciplinary professionals, remedial investigations of soil and groundwater, remediation feasibility studies, pilot testing, as well as the permitting, design, construction, and operation of site remediation systems. Mr. Bodman has directed the design and implementation of numerous soil and groundwater remediation systems utilizing soil vacuum extraction, air sparging, and pneumatic fracturing. He has managed many projects for a diverse client base ranging in size from a few thousand to over 2 million dollars. EDUCATION ♦ B.S., Applied Science and Engineering, United States Military Academy/West Point, 1977 ♦ M.Eng., Civil Engineering, California Polytechnic University, 1991 PROFESSIONAL REGISTRATIONS/CERTIFICATIONS ♦ 1988/Registered Civil Engineer/California/RCE 4324I ♦ 1992/Registered Civil EngineedWashington/RCE 29226 ♦ 1982/Registered Professional EngineerNirginia/PE 13330 ♦ 1988/Registered Environmental Assessor/California/REA 131 ♦ General Contractor License with Hazardous Classification/California PROJECT EXPERIENCE • Design, installation, and operation of a high -vacuum soil -vapor extraction and pneumatic fracturing system to remediate solvent -contaminated soil in Iow-permeable soils. Project was for a major aerospace company located in Southern California. �� • Analyzed the remedial investigation studies, remedial action plans, and closure plans for more than 200 sites in Southern California. The sites ranged from small industrial/petroleum facilities to large manufacturing plants. • Design, installation, and operation of the first air-sparging/soil-vapor extraction system approved by Orange County. System resulted in non -detectable levels of petroleum hydrocarbons in the ground water within 30 days of system operation. • Manage, design, installation, and operation of a vapor extraction pilot test at the Stringfellow Superfund site. P Q El L L U PROFESSIONAL SUMMARY `", THOMAS J. OWEN Civil/Environmental Engineer Mr. Owen has over twenty five years of environmental management experience and education in performing all phases of environmental compliance, investigation and mitigation programs at energy and oil production facilities, chemical processing and manufacturing facilities, refineries, gas stations, solid waste and hazardous Class I, II and III landfiIIs, mining operations, aerospace facilities, utility operations, transportation companies, communication facilities, US government work, expert witness on litigation cases, and construction of freeways, dams, hydroelectric, drinking water production and sanitation plants, and general engineering construction. EDUCATION ♦ D. Sci. Environmental Engineering, American International Institute of Management and Technology (in progress) ♦ Ph.D. Civil/Environmental Engineering, International Academy of Sciences ♦ M.S. Environmental Engineering, Kennedy -Western University ♦ M.S.C.E. Civil Engineering, California State University (TBA) ♦ B.A. Resource Management, University of California, Davis PROFESSIONAL REGISTRATIONSICERTIFICATIONS ♦ Registered Environmental Manager, No. 4063 ♦ Registered Hazardous Substance Professional No. 239 ♦ Registered Court Qualified Expert Witness No. 4063-CQ PROJECT EXPERIENCE • Mr. Owen has performed numerous successful health -based risk assessments and Risk Based Corrective Actions for clients since 1985. Owen is a licensed General Engineering Contractor with the Remediation License in California. He has focused his expertise in soil and ground water remediation with hands-on experience in remedial actions for land restoration, risk assessment, control and monitoring of air toxic emissions, fate transport analysis, and closure of leaking underground storage tank sites (USTs) oil field sites, landfills, manufacturing company sites, and full service environmental compliance at various chemical, textile, construction material, mining and manufacturing plant facilities. • Recent environmental compliance actions at major industrial facilities have included: Six PCB remediation projects involving site cleanup to closure; four with on -site thermal desorption projects to closure; ten with risk assessment, intrinsic or passive and active bioremediation remedial actions to closure, active risk management programs at six sites, air-sparging of PCE and TPH impacted groundwater at twelve sites; waste water treatment plants design/construct '1 PROJECT EKPERIEN& (Continued) kd or modifications and upgrading with new equipment, surface coatings and secondary containment at eight sites; asphalt incorporation technology implemented at six sites, chemical Q fixation technology at twelve sites, waste minimization of hazardous waste production lines and in-house treatment plants at eleven sites; hazardous communication programs with hazardous materials management plans (HNIIViI') at nine sites with spiII prevention plans, and accident prevention, needs assessment or health and safety training and assessment programs for various facilities. • In addition to a wide technical and practical background, Mr. Owen has extensive experience, in project management on large Superfund projects. Mr. Owen managed the Bunker Hill- Pintlar Superfund project remediating three towns in Idaho of heavy metals from 100 years of mining operations. • W. Owen also managed environmental compliance programs at Superfund sites in the San Fernando Valley and San Gabriel Valley Operational Units involving chlorinated solvents remedial actions. One such project involved three years of environmental compliance including every aspect of environmental engineering from underground storage tank and hazardous materials and waste management, remedial investigation and remedial action plans, remediation, risk assessment, and agency negotiations to name a few of the services provided for Lockheed Systems Company, Burbank, California. Another project included Phase I, II, III tasks at a gear manufacturing plant in the City of Industry. • • Mr. Owen has worked as Program Manager on nationwide UST compliance projects for Fortune 500 and 1000 companies. Mr. Owen has managed real estate property transfer and redevelopment projects, such as redevelopment of new and former oil exploration production lands. He has also successfully performed over 3000 remediation projects as Program Manager, Regional Remediation Manager, or Corporate Responsible Managing Employee (RME) to site closure for major environmental firms. Feasibility and treatability studies were conducted and permitting of remediation projects ranging from utilization of alternative technologies such as bioremediation, groundwater pump and treat, vapor extraction, thermal desorption, chemical fixation, asphalt incorporation, and chemical oxidation. Achievements in agency negotiation has led to no -action closure for numerous large scale remediation projects. • Mr. Owen worked in 1995-1996 for his own company Thomas J. Owen and Associates Cclosing two trucking terminals, three auto repair facilities, chemical production facilities, two former gas stations, five industrial manufacturing facilities, one major aerospace facility, one nationwide cup manufacturing facility, one industrial asphalt plant, one waste water treatment plant and 1991-1994 as Western Regional Remediation Services Division Manager for Burlington Environmental's Northern and Southern California offices at Huntington Beach. Mr. Owen received closure of three large oil production and energy facilities from the California -Regional Water Quality Control Board, Los Angeles Region, closure on three other major oil company sites (refined petroleum hydrocarbons) and closed six other Fortune 1000 facilities. Projects involved management of remedial investigations, agency negotiations, development of remedial action plans, feasibilityltreatability studies, designing, fabrication, installation, operation and maintenance of groundwater and vadose zone monitoring and C recovery wells, in -situ and ex -situ treatment with the implementation of remedial actions, permitting, waste minimization during remediation at various sites such as oil production facilities, gas stations, manufacturing and chemical processing facilities. ROBERT N. «EBB Construction Manager PROFESSIONAL SUMMARY Mr. Webb has over 25 years in the construction industry, which includes 20 plus years in construction G management. Mr. Webb has assisted in the design, permitting, project management and construction management of commercial and industrial projects. C C, Since 1968, Mr. Webb has worked in the field of construction management. His experience covers the project and construction management of bulk petroleum storage terminals, service stations, marinas, truck stops, convenience stores, strip malls, industrial, commercial, building and tenant improvement. EDUCATION ♦ AS, Construction Inspection, Southwestern College PROFESSIONNAL REGISTRATION/CERTIFICATIONS ♦ California/General Building Contractor's License/B0426184 PROJECT EXPERIENCE • Construction Manager (under contract) to Union Oil of California for the construction of new service stations in Southern California and Nevada. Mr. Webb managed the construction of two new service stations in Las Vegas, Nevada, as well as the remodel of I I service stations within the same area. • Construction Manager for the installation of a water treatment facility for Ball Incon Glass Manufacture located in El Monte, California. • Construction and Project Manager, as well as the contractor for the construction of new convenience stores for the Circle K Corporation, new service stations for Union Oil Company, Shell Oil Company, and the Southland Corporation. • Constructed numerous new service stations for ARCO, UNOCAL, EXXON, BP Oil Co., Chevron USA, and Shell Oil Company. • As Construction and Maintenance Coordinator for Atlantic Richfield Company, Mr. Webb supervised the remodel ofARCO's fuel distribution center in San Diego, California. This project consisted of removing all aboveground piping and relocating it to below ground, as well as the removal of the existing truck loading facility and installation of a new electronically controlled loading system. • Project Manager for the construction of four two-story 50,000 square feet concrete tilt -up commercial and industrial buildings located in the Mira Mesa area of San Diego, California. • wr �� ,rne�r- Tx� S 5CXC-9L(1-e- CITY OF HUNTINGTON BEACH Underground Storage Tank Removal/Replacement Schedule Task Name Start Finish May June Juix Au ust Se limber October 26 3 10 17 24 31 7 14 21 28 S 12 19 26 2 9 16 123 1 30 1 6 13 20 27 1 4 1 11 1 18 f ACKAGC 1 -• S1la A - Cify Yard Plans�L► Specirrcallons _ -- 511198 5/i/�38 511198 10122198 9412AJ 8 r 711198 r r Agency SubmIllats 6115198 7115198 Construction 7115198 W22198 Site 8 - Parks Yard r 9f198 10/22W +i I i I 1 Plans & Specilicalions 511198 711195 Agency Submittals 6115/98 7115/95 Construction 9121198 10/22/98 Task Summary Rolled Up Progress Project; City of I luntington Beach hale: 312198 progress Rolled Up Task Milestone Rolled Up Milestone Q Page 1 (A.)1 « J iTET CITY OF HUNTINGTON BEACH Underground Storage Tank Removal/Replacement Schedule May .tune Jul August Se lember October Task Name Start Finish 26 3 10 17 124 31 1 7 14 21 28 5 12 1 19 126 2 9 1 16 123 13016 1 13 120 127 111 I B PACKAGE ll 611198 1019190 + , + Site C - Gollrard Fire Station 91/98 � 7122/98 �f fens f!Speciticallons - � 5!il90 -�W15190 AgencySubmitlals — ~611198 �711198 I - i ® ' I Construction 711198 7122/98 Sife D - Mundy Fire Station 710198 9114198 Plans S Specifications 7113198 8110198 Agency Submittals 7127t98 w 8 AIM j I Construction 8125198 9114198 Site E - Warner Fire Station 511/98 10119196 I t r r r t Plans & Specifications 511198 6115/98 Agency Submittals 611198 711198 Construction 9114198 10/19198 5/1/98 Sife F - Fire Trahring, F861if y 8/12/98 711198 Plans S Specifications 511198 Agency Submittals 6(15198 711"s 8112190 Construction 7122/93 Task Summary Roned Up 1 rogress Project: City of Huntington heath Progress MMMMMW Rolled Up Task Date: 312198 Milestone Roped Up Milestone O Page 2 CITY OF HUNTINGTON BEACH Underground Storage Tank Removal/Replacement Schedule June Jul Au ust Se temberZZ October Task Name Start Flnlslr 261T 24 3i 7 14 21 2D 5 12 t9 26 2 9 16 231 30 1 6 1 13 1 24 1 27 1 4 1 11 1 18 �31 PACKAGE 111 511190 10123198 S11e G - CI c Cenlor S 7198 f W"8 t 1 Plans a Specifications 511198 71t198 Agency Submiltals 6115198 7115198 Construction _ 9123198 l7t598 Site if - Lake Fire SlaUon yf"9 8114198 Plans 6 Specifications slims 6129198 Agency Submittals S/15l9B 7115198 Constructlon --- 7115195 8114/98 PACKAGE IV.. I 6129198 9121198 Site J - beach Yard &129198 9r! 1/98 Plans & Specifications 6129/98 811o198 Agency Submittals ._._. 7127/95 8124198 i r t l Construction W4198 9121198 Task Summary Rolled Up Progress Project: City of Ituntinglon Beach Progress !tolled Up Task Dale: 312198 Milestone dolled Up Milestone O Page 3 .� . Certificate of Insurance 1 Agency Name and Address: . -THIS CERTIFICATE is ISSUED AS A MATTER OF INFORMATION ' I Professional Practice Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 250 Newport Center Drive, Suite M-106 HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR Newport Beach, CA 92660 ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW. 14 729-0777 �+ Insured's Name and Address: Companies Affording Coverage J GRADIENT ENGINEERS, INC. Company A — American Motorists Insurance Company 17781 Cowan Company B — Underwriters at Lloyd's and Companies Irvine, California 92614.6009 '1 JCOVERAGES: rms Is TO cERTIFY THAT PDLr:Es OF NL$t11RANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWrTHSTANwn MIY REamEMENr TERM OR CONDrrm OF ANY CONTTtACT oR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 9YTHE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONOmONS OF SUCH POLICIES. . CO. TYPE OF' POLICY POLICY • FoLiC-i , LTP_ ' INSURANCE ' NUMBER EFFEC. DATE EXPIR. DATE ' LIMITS GENERAL LLABILITY General Aggregate • S [ ] Comml. Gen. !lability Products-Corn/0 Agg. $ (- ] Claims Made Personal & Adu. 1pitHy S Each Occurrence S ( Occurrence Fire Damage an one fire S ( ] Independent Contractors Other [ ] Contractual BFPD AUTO LIABILITY Combined Singfe Limit $ t I Arty Automobile Bodity Injury (per person) S [ 1 All awned autos t I Scheduled autos Bodity Injury (per accident) 3 ( ] Hired autos ( I Non -owned autos Property Damage S [ ] Garage rlability EXCESS LIABILITY Each Occurrence S ( ] Umbrelta Form Aggregate S Other than Umbrella Form WORKERS' Statutory Limits: A COMPENSATION 7CW304345-03 091007 09/01/93 Each Accident S 1,000,000 AND EMPLOYERS' Disease -Policy Limit S 1,000,000 LIABILITY Disease -Each EmElayee S 1,000.000 9 PROFESSIONAL P11297. • 101OMT 10101199 . EACH CLA1M1 $ 1.000,000 LIABILITY J ANU ACiGRvG;Zo C a 3.000,"o i Description of OperationsILocationsIVehicles/RestrictionslSpecial Items: LAll operations of the named Insured. L , Certificate Holder THE AGGREGATE LIMIT Is THE TOUL INSURANCE AVAILABLE FOR CLAUS PRESENTED WrrWN THE POLICY FOR ALL OPERATIONS OF THE INSURED, CANCELLATION: r J CITY OF HUNTINGTON BEACH SHOULD ANY of THE ABOVE DESCRieED POUCHES BE CANCELLED BEFORE THE I ! 2000 MAIN STREET EXPIRATION DATt:THEREOF. THE ISSUING COMPANY WILL MAIL 30 DAY5 V RMEN NOTICE HUNTINGTON St ACH, CAUFORNIA 326M TO TI♦e cmnFIr_ATE PaxcR NAMED To THE LExr. ExcEPT IN TW EVENT OF _ CANCELLATION DUE TO NONN-P EM PRI'MRIM IN CASE A TO tx11Y$ NOTICE f ATTN: CHRIS hIENDOZA WILL BE GrYEN. CH4?46E IN c£LunoN Fx8,AG . Author¢edRepresentaM--D Date: MarCh2.1998 Heather Hi �w r�