HomeMy WebLinkAboutGRADIENT ENGINEERS, INC. - 1998-09-08I have received Maintenance Bond No. PA6070219 —The Insurance Company of the
State of Pennsylvania for Gradient Engineers, Inc.
RE: City Clerk Vault Pile No. GR 600.80.
Dated: lZ -30- g`i
By:
MAiNTFNA-NCE BOND
'� BOND NO.: PA6070219
i4'OWA1LNfENBYTHE...IRF—'MM;&JuWc, Gradient Engine&, Inc.
and The Insurance Company of the s Corporariot cf Pennsylvania
State of Pennsylvania
Lk=ed to da b ,mien in the State o CALMRNIA S,irety' sze held and 5mmly bound unto the
City of Huntington Beach as Oblige-, i n the fill and just mm, Two Hundred arty
Eight Thousand Two Hundred T elylears {$ 238,212.09, kwU matey of the United States of America to the
Dol
payment of v6 ich sure, well and truly to be wade, the Fria:lael and the Surety bird th=e-hw, their successors and
as,.gcs, jofntly and aeve aDy, firmly by these presents.
SIGNZED SEALED AND DATED T13IS 8thDAY OFoctobc.1I999
WEER-EAS, the Principal eaterrd into a certain writ to contract with the Obligee dated tine 6th clay of
192_ to The City of Huntington Beach yyb;„h Ana is
hereby referred to w the C=nct.
THE CONDIYTON OF TIM O13LJGAT10N IS SUCH TAUT, WHIItF.AS the Principal eamrod into au agm=cnt
wish6e Obligee for Contract No. CC1058 Underground Storage and Replacement
AND WMRFAS, the Obligee reruitt s a guetu::tre from the Principal ageimt dafnctivo Ma mials and a rp in
co=ecdon wi;lr seid MTROVEIviMM.
NOW, 71IIiR 0RE, if the rnadpal shall stake rcpaf.-s or srnlacemmu which may became nc=msry daring the
period of One Year , because of Wectiva matcriab or workmanship in e.on=-ci ou wig seal conttsct
which ddectivenem the Obligees 'Wall give tho Principal =d S=: .y wrdt;.n notice wifhin (33) Oirty days af=
di6covery thereof, t= thi obligzV on shall be void c2ielie it ahsll be is fi,:ll fo.= sad effort
An suits or law or proce fiW lzt equity to socov, an V2 z bond urust be instituted wltih twelve (12) taanths x1ter rho
expiration of t1w maa.ntcamwe period provided for hcrefn.
ATTEST.
By.
(Wi:=3)
By.
(Witness)
f
MANf� CO OF THE STATE OF
LV
At:ry-in-Fact (Srai) Frederik van Oppen
.•rl� AS 'G �dR�.
*1v.
C
Tyy : •� C1t��!
,c
The Insurance Company of the State of Pennsylvania
New Hampshire Insurance Company
Principal Bond Office: 70 Pine Street, New York, NY 10270
POWER OF ATTORNEY
No. PA60702 1 9
(Void unless numbered in red)
KNOW ALL ]«h BY THE PRESENTS, that THE INSURANCE COMPANY OF THE STATE OF PEN ISYLVANIA
and NEW HAOMPSHIRE INSURANCE COMPANY have made, eonsGtuted and appointed, and by these presents does make.
constitute and appoint
Frederik van Oppen, Julie L Nickels of Fullerton, CA
its true and lawful attorney -in -fact, for it and in its name. place, and stead to execute on behalf of 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
"O 'nree Million Dollars (S3,000,000.00)"""
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 Compaav 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 attorneyin-fact named in the given Power of Attorney to execute in behalf of the
Company, bonds, undertakings and all contracts 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
atta:h thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such
Power of Attorney or to any certificate relating thereto by fa=icule, and 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 Hampslure insurance Company
has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents -
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 r. //1 / _
David J. Wagh: Senior Vice President
Notary Public. State of New York
No.015A4974380
Qualified in Suffolk County
Commission Expires 11101 fe
NOTARY SIGNATURE AND
STAMP (REQUIRED)
1, Elizabeth Tuck, Secretary of The Insurance Company of tl:e State of Pennsylvania and New Hampshire Insurance Company
do hereby certify that the foregoing and attached Power of Att3rney 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 WITNESS WHEREOF, I have hereunto set my hand anJ affixed the facsimile seal of each corporation
this 8th day of October . 19 99
Elizabeth M. Tuck, Secretary
219
FOAM ■ 70729 (6198)
V
�.o
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
On October $ e 1999 , before me, Luz A. Duran, Notam ublic
Da-e Name and Tit:* o1 Officer (e 9..'Jane Doe. Notary PLdw )
personally appeared _ _ Frederik vann Y,�_n�(')�ss) ,
WZ A. DURAN
Commission # 1206134
Sotay FubrC _ CQtifCWx3
Orange County -
My Cornm. Fx*% JC3n15. =
Place Notary Seal Adore
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persortM whose namepq istK=
subscribed to the within instrument and
acknowledged to me that he190VVWf executed
the same in hisrAKNXS D} x authorized
capacitglcepc and that by hilt
signatureM on the instrument the persoaqq or
the entity upon behalf of which the personjR5
acted, executed the instrument.
WITNESS my -band and official
OPTIONAL
Though the information below Is not required by law. A May prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Maintenance Bond No_ PA6Q7Q2L4
Document Date:October 8. 1999 Number of Pages:
Signer(s) Other Than Named Above: nxone
Capacity(ies) Claimed by Signer
Signer's Name: Frederik van t)p=
❑ Individual
Top of tnvro We
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
n Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing: Late
of Per=jlirania
C 1997 Nawnal Notary Msomation • 9250 De Soto Ave.. Po. BOX 2402 • Chats*oM. CA 91313-24M Prod. No. 5907 Reamer. Gat Totl-Free i4M875-N27
DECLARATION OF SATiSFACTIOY OF CLAINSS
state:
1. I am the general contractor for the City of Huntington Bach, as to the project more fully
described in the public works contract entitl:d
-u �x--e&mnDx io a, -&-,Lo acemQ--e
and dated 2I C C / d 5�J
2. ?ill -workers a_nd persons employed, all firms supplying materials, and all subcontractors for the
above -mentioned project have been paid in full.
3. The follovirg are either disputed claims, or items in connection -%%ith Notices to Withhold,
which have been filed under the pro%isions of the statutes of the State of California: (if none,
state "NONTE")
I declare under penalty of perjury that the foregoing is true and correct.
Executed at 3r—V [ tie on this
�--
J�Sgnarurc of Contractor)
g CeCashccn2
�ay o , 19947
1'rE'
r
ram_ •—, L�
City of Huntington Beach
Department of Public Works
Post Office Box 190
Huntington Beach, CA 926.18
Subject: Certification of Compliance %ith Title I'II of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor on
Project No. Title C G / v S
hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed
by hum or by any subcontractor performing cork under the contract on the project ha%v been paid
%-ages at rates not less than those required by the contract provisions, and that the %-ork performed
by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in
the contract. or training program provisions appli:able to the Nvage rate paid.
Signature and Title •
g cc .uhconl
�:t'•�t;,.• ,.tip ';•. ,'�:, .•
UN11• .. .. ..
Recaraeh in tne, I;ounty of orange, California
�3ary L. Granvilla, Clerk/Recorder
WHEN RECORDED MAIL. TO: IIIIIIIIIII@IIIIIIVIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJill No
Fee
CITY OF HUNTINGTON BEACH 19990554115 09 ; 32am 07/29/99
Office of the City Clerk 005 1701604.2 17 77
P. O. Box 190 1%112 1 6.00 0.00 0.00 0.00 0.00 0.00
Huntington Beach, CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street,
P
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 for Water Operations — CC-1058
�(
That said work was completed July 19,1999 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, July 19, 1999.
That upon said contract 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 22nd day of July,1999.
City Clerk and ex-oi%cio 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 BROCKWAY, 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 22nd day of July,1999.
City Clerk and ex-offi+CIerk
of the City Council of the City
of Huntington Beach, California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. O. Box 190
Huntington Beach, CA 92648
%� (of (GG•00
�a City of Huntington Beach
INTER -DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: THOSE LISTED HEREON
FROM: ADMINISTRATIVE SERVICES, Accounting and Records
SUBJECT: 10% RETENTION PPoax,
ENT
CC i n<'Z
---DATE:
The conformed copy of the Notice of Completion for the above contract has been
filed. The thirty-five (35) day waiting period has elapsed or will elapse before
payment is made. Processing of the 10% retention payment is recommended so
long as no stop notices or outstanding invoices are on file with the City.
7viYAN T. V LELLA, Director of Finance
I certify that no stop notice are on file on the subject at this time.
Date:
ROBERT F. BEARDSLEY, Public Works Director
certify that no stop notices are on file on the subject contract and that a
guaranty bond has been filed.
Date: ltole?,?
CONNIE BROCKWAY, City 5Kk
1 certify that there are no outstanding invoices on file.
Date:
84H01 FCODLNRICH, City Treasurer
10% Retention Payment 0610819912:54 PM
=•p„_% —
Fc
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
July 22, 1999
Gary Granville
County Recorder
P. O. Box 238
Santa Ana, California 92702
Dear Sir:
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,
Connie Brockway
City Clerk
CBTc
Enclosure: Underground Storage Tank Removal & Replacement Project for Water
Operations CC-2058
(Telsphons : 7 T4-536.62M
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. 0. Box 190
Huntington Beach, CA 92648
NOTICE OF COMPLETION
NOTICE 1S HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street,
Huntington Beach, CA 92638, 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 -«it:
Underground Storage Tani: Removal $ Replacement Project for Water Operations — CC-1058
That said work nas completed July 19,1999 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, July 19,1999.
That upon said contract 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 Brach, California, this 22nd day of July,1999.
City Clerk and ex-ol icio Clerk
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
1, CONNIE BROCKiU'AY, the duly elected and qualified City Clerk and es-oificio 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
v.-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 22nd day of July,1999.
City Clerk and ex-oflicio Clerk
of the City Council of the City
of Huntington Beach, California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. 0. Box 190
Huntington Beach, CA 92648
3e�,r-d s l - Pub
4",
Charlon� — F�,b. LddlrC„�Y OF HUNTINGTON B
MEETING DATE: July 19, 1999 DEPARTMENT ID NUMBER: PW 99-49
Council/Agency Meeting Held:
Def rred/Continued to: "
pr ed ❑ o ifonally A roved ❑ Denied
_ t 4tli), o„ �
Council Meeting Date: July 19, 1999
lerk's Signature
Department ID Number: PW 99-49
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION �"
c... ;a:, cn
1 C-7rri
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS wQ 00 r+
��
SUBMITTED BY: RAY SILVER, City AdministraW
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works'
SUBJECT: Accept the Underground Storage Tank Removal & Replacement
Dr^;-^# %r IA/pier r�r� 4 nC.Q -4 Clip AI4.;^ -F
i vjca,L IWO v ruwi vNcI aLivi is vv- i v.,v, aI Iu I uc IMUu1,,c %J vvI I iNIctwl I
i
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 (UST) Removal & Replacement Project for Water
Operations, CC-1058.
Funding Source: Sufficient Capital Improvement Funds were approved.for this project.
Recommended Action: Motion To:
1. Accept the Underground Storage Tank Removal & Replacement Project for Water
Operations CC-1058 at a final cost of $238,212, and authorize the City Clerk to file a
Notice of Completion with the County Recorder's Office.
Alternative Action(s): None.
Analysis: On September 8, 1998, the City Council awarded a design/build contract to
Gradient Engineers in the amount of $226,132 to construct the Underground Storage Tank
Removal & Replacement Project for Water Operations, CC-1058. The adopted project
budget also included $23,000 to cover potential change orders, for a total of $249,132.
1058/notice of completion/rca -2-
07/01/99 2:27 PM
RQUEST FOR COUNCIL ACTIk
MEETING DATE: July 19,1999
DEPARTMENT ID NUMBER: PW 9949
The improvements included a new island canopy, oil separator, all tanks and equipment to
meet the new UST regulations and National Pollutant Discharge Elimination System
requirements.
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:
Council ARProved Actual Expenditures
Contract Amount: $226,132 $226,132
Change orders 23,000 12,080
Total: $249,132 $238,212
Public Works Commission Review: Not required, per Municipal Code Chapter 2.111.
Environmental Status: Not applicable.
Attachments :
RCA Author: Charlonne
10581notice of completionlrca -3. 07/01/99 10:36 AM
RCA KOUTING SHEET �
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Accept The Underground Storage Tank Removal &
Replacement Project for Water Operations CC 1058,
and File a Notice of Completion
COUNCIL MEETING DATE:
July 19, 1999
RCA ATTACHMENTS
STATUS
Ordinance (wlexhibits & legislative draft if applicable)
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map andlor other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the Cif Attomey)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Not Applicable
Financial Impact Statement (Unbudget, over S5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Find ingslConditions 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:
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
CALIFORNIA 92648
LETTER OF TRANSNIITTAL OF ITENT APPROVED BY TIIE CITY COUNCIL/
RUDE%-'ELOPtifENT AGENCY OF THE CITY OF HUNTItiGTOY REACH
DATE: J607-e M,6
TO: d d/ e nt c("cl i n Pe is
Name /�
C.au.&
ATTENTIOti �,�
DEPARTMENT:
-�C ✓/ J?C , C�i`�Fa RY1I/¢ `T� REGARDING: C'L� /�.5� • ./� '�,iv ,�.n
City, State, zip ACT.
Mora IaCelnPA t &46t t xra.64
See Attached Action Agenda Item �-/ Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
6"7 Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement
RCA
CC: &91-M-vjj-e-1V .&
w- --,/
Name Dcl715tV RCA
Name Department RCA
Name
Department RCA
Nam Department / RCA
Risk hian2gerrent Dept.
Bonds Insurance
Deed Other
--SAS
Aenemey� InsuranceOther
I/' i
Agreement lnsurancc Other
Agreement In;urznce Other
Agreement Insurance Other
Insurance
Received by Name - Company Name - Date
GTollowuplcoverltr
(Telephone 714.536-5277)
Page 8 - CouncillAgen&genda — 09108/98 (8)
award of contract to lowest responsivelresponsible bidder. Submitted by the Public
Works Director and the Economic Development Director
[Approved 4-0-3 (Garofalo, Sullivan --Out of room; Green —Absent)]
E-12. (City Council) Accept The Improvements & Approve Notice Of Completion For
Slurry Seat Of Various Local Streets — MSC-396 — Pavement Coating Company
(600.90) - Motion to accept the improvements for the slurry sealing of various local
streets completed by Pavement Coating Company for a final contract cost of
$261,486.20 and authorize the City Clerk to file the Notice of Completion. Submitted by
the Public Works Director
[Approved 4-0-3 (Garofalo, Sullivan --Out of room; Green —Absent)]
E-13. i ty Council Approve Additional Street Overlays - Ten Streets) - MSC-397 --
Approve Additional Change Order Funds To All American_ Asphalt Contract
(600.90) - Motion to approve an addition of $126,747.72 in change order funds to the All
American Asphalt contract of August 17, 1998 for the overlay of ten additional streets as
part of the current residential street overlay contra ct-M SC-397 with All American Asphalt.
Submitted by the Public Works Director (Additional street overlay list attached)
[Approved 4-0-3 (Garofalo, Sullivan ---Out of room; Green —Absent)]
E-14. (City Council) Approve The Selection Of Gradient Engineers Inc. And The Design
Build Contract For The Underground Storage Tank Removal And Replacement At
The Water Operations Yard; CC-1058 ($00.80) —1. Approve and authorize the
Mayor and City Clerk to execute the attached designlbuild contract with Gradient
Engineers, Incorporated, for a fee of $226,132 to provide design/build construction
services for the Water Division's Underground Storage Tank Removal and Replacement
Project; and 2. Authorize the Public Works Director to expend a total of $275,000 which
includes the above contract amount of $116,132, estimated construction contingencies
of $23,000 and supplemental expenditures of $25,868. Submitted by the Public Works
Director
[Approved 4-0-3 (Garofalo, Sullivan --Out of room; Green —Absent)]
E-15. (City, Council) Request To Authorize HBTV-3 To Televise As A Public Service_A
City Council And Ci Attorne Candidates' -Forum Sponsored By The League Of
Women Voters Of Orange (160.10) — As a public service, authorize HBTV-3 to
proceed with scheduling the live telecast from the Huntington Beach City Council
Chambers of the League of Women Voters of Orange Coast sponsored City Council and
City Attorney Candidates' Forum. Further, authorize HBTV-3 to playback the forum in
accordance with the attached playback schedule. (Attachment No. 2) Submitted by the
Deputy CL Administrator -Public Information Office
[Approved 4-0-3 (Garofalo, Sullivan --Out of room; Green Absent)]
P_ UN!BER:
ITY OF HUNTINGTON BEAC1MEETING DATE: 918198 DEPARTMENT ID PW 98-067
Council/Agency Meeting Held:
�� �°�b• ��
DeferredlContinued to:
A proved ❑ Conditionals Approve ❑ Denied
C Vr Ci lerk's Signature
Council Meeting Date: Yc s 1198
Department ID Number: PW 98-067
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
>� w
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
co S.CnI_7
SUBMITTED BY: RAY SILVER, City Administrator aeJ D T> =a;
40BERT
iPREPARED BY: ,2F. BEARDS!_EY, Director of Public Works l cr, a
SUBJECT: Approve the Selection of Design/Build Contract for the Underground
Storage Tank Removal and Replacement at the Water Operations
Yard; CC-1058
Statement of Issue, Funding Source, Recommended Action, Alternattive Action(s), Analysis, Environmental Status,
Statement of Issue: Proposals were received on May 11, 1998, from qualified design/build
contractors to design, fabricate and install fueling systems for the Water Division's
Underground Storage Tank Removal and Replacement Project; CC 1058.
Funding Source:
Funds of $226,132 are available in Account Number E-EW-PW 944-6-39-00.
Recommended Action: Motion to:
1. Approve and authorize the Mayor and City Clerk to execute the attached design/build
contract with Gradient Engineers, Incorporated, for a fee of $ 226,132 to provide
design/build construction services for the Water Division's Underground Storage Tank
Removal and Replacement Project: and
Authorize the Director of Public Works to expend a total of $275,000 which includes the
above contract amount of $226,132, estimated construction contingencies of S23,000
and supplemental expenditures of $25,868.
Alternative Action(s): Deny approval of the contract and forego the project. This would
require the City to place the fueling facility at the Water Operations Yard out of service 1(,�
because it would not meet Federal and State laws.
RCA 1058 GRADIENT AWARD -2- 08/21/98 9:11 AM
AeQUEST FOR COUNCIL ACTION
MEETING DATE: 918198 DEPARTMENT ID NUMBER: PW 98-067
Anal: The Underground Storage Tank Removal & Replacement Project consists of the
reconstruction of the fueling facility at the Water Operations Yard. This facility was identified
in underground storage tank report presented to Council on September 15, 1997.
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 includes environmental clean-up. Investigatory borings have been made.
During the course of construction, it may be discovered that additional excavation and
removal of contaminated soil is necessary. 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.
The $25,868 in requested supplemental funds will be used for required pre -installation
testing, compaction testing, purchase of equipment that was not previously ordered and for
payment of permit fees. A consultant who is familiar with the State and Federal regulations
governing the removal and installation of underground storage tanks will be hired under a
separate contract.
On April 24, 1998, the following design/build firms were sent RFPs.
• A. E. Schmid, Van Nuys
• Gradient Engineers Incorporated, Irvine
• Tait & Associates, Incorporated, Orange
• Law/Crandall, Incorporated, Los Angeles
• Universal Service, Temecula
Three of the firms replied to the RFP. A.E. Schmid and Law/Crandall were not able to
submit proposals due to their current workload. A team of three staff members evaluated
each proposal and came to the unanimous conclusion that Gradient Engineers was highly
RCA 1058 GRADIENT AWARD -3- 08/21/98 9:11 AM
REQUEST FOR COUNCIL ACTIN
MEETING DATE: 9/8198 DEPARTMENT ID NUMBER: PW 98-067
qualified and recommended the firm to perform the design/build work. The fees represented
in the proposal 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.
Attachments
RCA Author. Kato
RCA 1058 GRADIENT AWARD -4- 08/21198 9:11 AM
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ATTACHMENT 1
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ATTACHMENT #1 PROJECT LOCATION MAP
UNDERGROUND STORAGE TANK REMOVAL AND REPLACEMENT CC-1058 "J' ki
ON
CITY OF HUNTINGTON BEACH 10
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT 2
OD19517,O1
DESIGN/BUILD AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND GRADIENT ENGINEERS, INC. FOR THE PREPARATION OF PLANS AND
SPECIFICATIONS AND CONSTRUCTION OF THE UNDERGROUND STORAGE
TANK REMOVAL AND REPLACEMENT PROJECT (CC-I058)
THIS DESIGN/BUILD AGREEMENT (the "Agreement"), made and entered into this
day of 07TIn,e 1998, by and between the CITY OF HUNTINGTOti
BEACII, a municipal corporation of the State of California, hereinafter referred to as "CITY",
and GRADIENT ENGINEERS, INC., a California corporation, hereinafter referred to as
"DESIGNBUILDER."
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, DESIGN/BUILDER submitted a proposal to CITY in response to the RFP
on May 6, 1998 ("Proposal"),
WHEREAS, based upon the evaluation criteria and competitive selection procedure set
forth in the RFP, DESIGN/BUILDER has been selected to perform, either directly or pursuant to
Subcontracts, the design, engineering and construction services set forth in this Agreement and
the Contract Documents_
NOW, THEREFORE, it is agreed by CITY and DESIGNBUILDER as follows:
ARTICLE 1
WORK STATEI%IENT
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 DESIGNIBUILDER's responsibilities, as further described in the Contract
Documents include, but are not limited to, the following tasks:
A. Preparation of conceptual plans;
jmp /g:aVcc/gradirnV&4/98
TWA
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 DESIGNBUILDER hereby designates Dale Bodman, 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
CONTRACT DOCUAIEN1 "TS
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.
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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
ONVNF_R'S DITTIES 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 TV 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 Owners�Right To Stop The Work. If the DESIGNBUILDER 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
DESIGNBUILDER 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 CIMs Right To CarU Out The Work. If the DESIGNIBUILDER 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
DESIGNIBUILDER the cost of correcting such deficiencies. If the payments then or
thereafter due the DESIGNBUILDER are rot 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
TIME OF PERFORMANCE
4.01 Contract Time. Time is of the essence of this Agreement. By executing this
Agreement, DESIGNBUILDER confirms that the Contract Time is a reasonable period for
performing the Work. DESIGN/BUILDER agrees to commence Work immediately upon
receipt of a written Notice to Proceed issued by the CITY, to continue performance of the
Work in a diligent workmanlike manner, to achieve Substantial Completion of the Work within
six (6) months after the date of issuance of the Notice to Proceed and to achieve final
completion of the Work within the time fixed by the City in its Certificate of Substantial
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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 DESIGNBUILDER in writing.
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
DESIGNBUILDER, 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 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 DESIGNBUILDER's
performance of the Work where such acts continue after the
DESIGNBUILDER's written notice to the CITY of such interference. In the
event the DESIGNBUILDER's work has been delayed by acts constituting
intentional interference by the CITY, the DESIGN/BUILDER shall be entitled
to reimbursement for its reasonable additional costs resulting from such delays
but not for any additional profit or overhead.
4.0.E 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 thhis 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.
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impklr-ageelgradient'614198
4.05 Amount of Li ui ated Dama . 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
Two Hundred Fifty Dollars ($250) per day for each day the date of Substantial Completion is
delayed beyond the date set forth in this Agreement. It is further mutually understood and
agreed between CITY and DESIGN/BUILDER that the sums of liquidated damages set forth
above are additive for each and every day of delay in the event that Substantial Completion is
so exceeded. It is further understood and agreed upon by and between CITY and
DESIGNBUILDER that liquidated damages may be assessed against progress payments or
retainage and that CITY will issue a deductive Change Order for the amount specified herein
and will reduce the Contract Price accordingly. In the event the remaining, unpaid Contract
Price is insufficient to cover the full amount of assessed liquidated damages,
DESIGNBUILDER or its surety shall pay the difference to CITY on demand. This paragraph
shall not limit the CITY's ability to seek and obtain additional legal remedies or damages that
result from breaches of the Contract Documents by the DESIGNBUILDER, other than those
caused by delay in achieving Substantial Completion.
ARTICLE 5
CONTRACT PRICE
5.01 In consideration of DESIGN/BUILDER'S performance of the Work described
herein, CITY agrees to pay DESIGNBUILDER the Lump Sum Contract Price of Two
Hundred Twenty Six Thousand One Hundred Thirty Two Dollars ($226,132) 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 fifteenth day of each
month, an Application for Payment covering the Work performed during such
month. The Application for Payment shall constitute a representation by the
DESIGNBUILDER to the Owner that, the design and construction have
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JmrA'k1g:agrc'grad;4.mV&498
progressed to the point indicated, the quality of the Work covered by the
Application is in accordance with the Contract Documents, and the
DESIGNBUILDER is entitled to payment in the amount requested.
B. In submitting each Application For Payment; DESIGNBUILDER warrants that:
title to all Work covered by each Application for Payment shall pass to the
CITY no later than the time of payment. The DESIGNBUILDER further
warrants that all Work covered by the previous Application for Payments is free
and clear of liens, claims, security interest or other encumbrances.
C. Each Application for Payment shall:
1. Reference this Agreement;
2. Describe the services performed;
3. Include an estimate of the percentage of Work completed;
4. Show the total amount of the payment due;
5. Include a certification by a principal member of the
DESIGNBUILDER's firm that the Work has been performed in
accordance with the provisions of this Agreement;
6. Include such documentation as may be necessary to substantiate costs
incurred, or estimated to be incurred and percentage of completion of
Work;
7. Include duly completed and executed forms of Conditional Waiver and
Release in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment requested; and
8. Include duly completed and executed forms of Unconditional Waiver and
Release, in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment receivers by DESIGNBUILDER for the previous
Application for Payment.
6.03 Payment.
A. Upon submission of any such Application for Payment, if CITY is satisfied that
DESIGNBUILDER 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
jmpiJg-agedgradicnV6A,'98
Application by CITY. Such approval shall not be unreasonably withheld. If the
CITY doer not approve an Application for Payment, CITY shall notify
DESIGN/UILDER in writing of the reasons for non -approval, within seven (7)
calendar .ys of receipt of the Application.
B. Subject to verification of the value of Work completed, the CITY shall pay the
DESIGNBUILDER 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 reviou y issued, to such extent as may be necessary to protect the CITY
from loss because o?
A. Defective work not remedied;
B. Third parties claims filed are reasonable evidence indicating probable filing of
such claims;
C. Failure of DESIGNBUILDER to make payments of undisputed amounts to
subcontractors for labor, materials or equipment;
D. Damage to the CITY caused by default or neglect of the 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 DESIGN/BUILDER shall proceed promptly to complete and
correct the items. Failure to include an item on the DESIGNBUILDER's list does not alter
the responsibility of the DESIGNBUILDER to complete all Work in accordance with the
Contract Documents. Upon receipt of the DESIGNBUILDER's request for issuance of a
Certificate of Substantial Completion, the CITY will make an inspection to determine whether
Substantial Completion has occurred. The CITY may either reject the DESIGNBUILDER's
request for issuance of a Certificate of Substantial Completion or issue a Certificate of
Substantial Completion with the punchlist items of Work to be completed or corrected
("Punchlist") and fixing the time within which DESIGNBUILDER shall complete the
Punchlist items and achieve Final Completion.
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6.06 Final Completion and Final P11331nent.
A. When the DESIGNBBUILDER considers that the Work is finally complete, the
DESIGNBBUILDER 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
DESIGNBUILDER until sixty (60) days following CITY's recordation of a
Notice of Completion and the DESIGNBUILDER submits to the Owner:
1. An affidavit that all payrolls, bills for materials and equipment and other
indebtedness connected with the Work for which the CITY might in any
way be responsible, have been paid or otherwise satisfied;
2. Consent of surety to final payment;
3. Data establishing payment or satisfaction of all obligation such as
receipts, releases and waivers from all persons legally eligible to file stop
notices in connection with the 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 DESIGNBUILDER
shall constitute a waiver of affirmative claims by the DESIGN/BUILDER, except those
previously made in writing and identified as unsettled of the time of final payment.
ARTICLE 7
PROJECT DOCULMENTS
7.01 Use of fat rial.!. DESIGNBUILDER agrees that all materials prepared
hereunder, including all original drawings, designs, reports, field and office notices,
calculations, maps and other documents, shall be turned over to CITY upon termination of this
Agreement or upon Final Completion of the Project, whichever occurs first. In the event this
Agreement is terminated, said materials may be used by CITY in the completion of PROJECT
or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of
amounts determined by CITY to be earned by DESIGNBBUILDER to the point of termination
or completion of the PROJECT, whichever is applicable. DESIGN/BUILDER shall be entitled
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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
pESIGN/BUILDER REPRESENTAT_IOti'5-11\-D 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;
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-ond 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. DESIGNIBUILDER has carefully studied all reports of explorations and tests of
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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. DESIGNBUILDER has correlated the information known to DESIGNIBUILDER,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents and all additional examinations, investigations,
explorations, tests, studies and data with the Contract Documents.
E. DESIGN/BUILDER has given CITY written notice of all conflicts, errors,
ambiguities or discrepancies that DESIGN/BUILDER has discovered in the
Contract Documents and the written resolution thereof by CITY is acceptable to
DESIGN/BUILDER, and the Contract Documents are generally sufficient to
indicate and convey understanding of all terms and conditions for performance and
furnishing of the work.
F. DESIGN/BUILDER is aware of the general nature of work to be performed by
CITY and others at the Site that relates to the Work as indicated in the Contract
Documents.
8.03 Legal 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 DESIGNIBUILDER shall comply with all applicable laws and
shall give applicable notices pertaining thereto. The DESIGN/BUILDER shall prepare and file
all documents required to obtain the necessary approvals of governmental authorities having
jurisdiction over the Work and/or the Project and shall secure and pay for all permits and
governmental fees, licensees and inspections necessary for the proper execution of the Work
and completion of the Project.
8.04 Before Starting Work.
A. DESIGN/BUILDER shall submit the following for review within ten (10)
calendar days after issuance of the Notice to Proceed,
1. A preliminary Project Schedule indicating the times (numbers of days or
dates) for starting and completing the various stages of the Work including
each Milestone specified in the Contract Documents;
2. A preliminary schedule of required Submittals and the times for submitting,
reviewing and processing each submittal;
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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. 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 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
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.
DESIGN/BUILDER'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.
ARTICLE 9
DESIfIN PHASE F.RVI
9.01 Standard of Care. All design services to be performed by DESIGNBUILDER
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.
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U
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, DESIGNBUILDER 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
DESIGNBUILDER 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.
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:
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
prepared, where appropriate, in general conformance with the sixteen division
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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
DESIGNBUILDER, this Contract may be terminated for convenience and
DESIGNBUILDER 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 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 DESIGN/BUILDER shall keep the CITY informed of the progress and quality
of the Work.
D. The DESIGNBUILDER shall keep the premises free from accumulation of waste
materials or rubbish caused by the DESIGN/BUILDER's operations. At the
completion of construction of the Work, the DESIGNBUILDER shall remove from
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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. 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. DESIGNBBUILDER 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 DESIGN/BUILDER's key personnel if
performance is unsatisfactory, as determined by CITY in its sole discretion. The
superintendent will be DESIGNIBUILDER's representative at the Site and shall
have authority to act on behalf of DESIGNBUILDER. All communications to the
superintendent shall be as binding as if given to DESIGN/BUILDER.
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. DESIGNBUILDER 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, 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, Iight, heat, telephone, water, sanitary
facilities, temporary facilities and all other facilities and incidentals necessary
for the furnishing, performance, testing, start-up and completion of the Work.
DESIGNBUILDER, in the presence of CITY's personnel, will direct the
checkout of utilities and operations of systems and equipment.
C. All materials and equipment incorporated into the Work shall be of good quality
and new, except as otherwise provided in the Contract Documents. All
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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
OPERATIQNAL PHASE
11.01 During the operational phase, DESIGNBUILDER shall:
A. Provide assistance in connection with the start-up, testing, refining and adjusting
of any equipment or system.
B. Assist CITY in training staff to operate and maintain the Project.
C. Assist CITY in developing systems and procedures for control of the operation
and maintenance of and record keeping for the Project.
ARTICLE 12
SUBCONTRACTORS, SUPPLWRS AND OTII`ERS
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
DESIGNBUILDER has reasonable objection.
12.02 DESIGNBUILDER shall be fully responsible to CITY for all acts and
omissions of the subcontractors, engineers, suppliers and other individuals or entities
performing or furnishing any of the Work under a direct or indirect contract with
DESIGNBUILDER. Nothing in the Contract Documents shall create for the benefit of any
such subcontractor, engineer, supplier or other individual or entity any contractual relationship
between CITY and any such subcontractor, engineer, supplier or other individual or entity, nor
shall it create any obligation on the part of CITY to pay or to see to subcontractor, engineer,
supplier or other individual or entity except as may otherwise be required by laws and
regulations.
12.03 DESIGNBUILDER shall be solely responsible for scheduling and coordinating
subcontractors, engineers, suppliers and other individuals and entities performing or furnishing
any of the work under direct or indirect contract with DESIGN/BUILDER.
DESIGN/BUILDER shall require all subcontractors, engineers, suppliers and such other
individuals and entities performing or furnishing any of the Work to communicate with the
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CITY through DESIGNBUILDER.
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 DESIGNBBUILDER 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
13.01 DESIGNBUILDER shall, prior to entering upon the performance of this
Agreement, furnish the following three bonds approved by the City Attorney:
A. A Performance Bond in the amount of one hundred percent of the Contract Price to
guarantee the DESIGNIBUILDER's faithful performance of the Work;
B. A Warranty Bond in the amount of one hundred percent of the Contract Price to
warrant such performance for a period of one (1) year after CITY's acceptance
thereof; and
C. A Payment Bond in the amount of one hundred percent of the Contract Price to
guarantee payment of all claims for labor and materials furnished.
13.02 The bonds shall be executed by a California admitted surety rated A-VII or
better in Best's Insurance Guide. If a Best's Insurance Guide rating is not available, the
proposed surety must meet comparable standards of another rating service satisfactory to
CITY. Bonds issued by a surety listed in the latest version of the U.S. Department of
Treasury Circular 570 shall be deemed to be accepted unless specifically rejected by CITY.
Bonds from sureties not listed in Treasury Circular 570 must be accompanied by all of the
documents enumerated in California Code of Civil Procedure Section 995.660(a).
13.03 Every bond must display the surety's bond number and incorporate the Contract
Documents by reference. The terms of the bonds shall provide that the surety agrees that no
change, extension of time, alteration or modification of the Contract Documents or the Work
to be performed thereunder shall in any way affect its obligations and shall waive notice of any
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such change, extension of time, alteration or modification of the Contract Documents.
ARTICLE 14
INDENMI FICATION
14.01 To the fullest extent permitted by law, the DESIGNBUILDER 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 DESIGNBUILDER or its subcontractor(s) were responsible), whether such claims,
demands, actions or liability are caused by DESIGN/BUILDER, DESIGNBUILDER's
subcontractors, agents or employees or products installed on the Project by
DESIGNBUILDER or subcontractors, regardless of whether caused in part by a party
indemnified hereunder, excepting only such injury, death, or damages as may be caused solely
and exclusively by the negligence or willful misconduct of the Indemnitees, as determined by a
court of competent jurisdiction, and such indemnification shall extend to all claims, demands,
actions, defense costs, or liability for injuries, death, or damages occurring after completion of
the Project as well as during the Work's progress. DESIGNBBUILDER 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 DESIGNBUILDER 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 om nsation Irtsurance.
A. Pursuant to California Labor Code section 1861, DESIGNBUILDER
acknowledges awareness of section 3700 et seq. of said Code, which requires
every employer to be insured against liability for workers compensation;
DESIGNBUILDER covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
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B. DESIGNBUILDER 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. DESIGNBUILDER 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 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 DESIGNBUILDER, 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
prod uctslcompleted 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 Iiability 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 Proressional 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
start of work (including subsequent policies purchased as renewals or
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M
replacements).
B. DESIGNIBUILDER 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 might give rise to future claims.
15.04 Certificates of Insurance and Endorsements. Prior to commencing
performance of the Work hereunder, DESIGNIBUILDER 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 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
JATENT FEES AND ROYALTIES
16.01 DESIGNBUILDER 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 Wort: 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. DESIGNIBUILDER
shall defend, indemnify and hold harmless CITY and its agents, employees and officers, from
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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 DESIGNBUILDER offers and agrees to assign to the CITY all rights, title
and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code of the State of California), arising
from purchases of goods, services or materials pursuant to performance of the Work. This
assignment will be made and becomes effective at the time CITY tenders final payment to
DESIGNBUILDER, without further acknowledgment by the Parties.
ARTICLE 17
PERMITS
17.01 Unless otherwise provided in the Contract Documents, DESIGNBUILDER
shall directly or through one or more subcontractors obtain and pay for all necessary permits
and licenses. CITY shall assist DESIGNBUILDER, when necessary, in obtaining such
permits and licenses. DESIGNBUILDER shall pay all governmental charges and inspection
necessary for the prosecution of the construction, which are applicable on the last day for
receipt of proposals. DESIGNBUILDER shall pay all charges of utility owners for
connections to the Work, and CITY shall pay all charges of such utility owners for capital
costs related thereto.
ARTICLE 18
LAWS AND REGULATIONS
18.01 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 DESIGN/BUILDER performs any work knowing or having reason to know
that it is contrary to laws or regulations, DESIGNBUILDER shall bear all costs arising
therefrom.
18.03 Changes in laws and regulations not known or foreseeable on the date of receipt
of proposals having an effect on the cost or time of performance may be the subject of a claim
as provided for herein.
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ARTICLE 19
TAXES
19.01 DESIGNBUILDER 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
E OF SITE AND OTHER 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 parry
indemnified hereunder to the extent caused by or based upon DESIGNBUILDER'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 DESIGNBUILDER 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. DESIGNBUILDER shall restore to original condition all property not
designated for alteration by the Contract Documents.
20.03 DESIGNBUILDER 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
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supervising all safety precautions and programs in connection with the construction.
DESIGNBUILDER shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
A. All persons on the Site or who may be affected by the construction;
B. All work and materials and equipment to be incorporated therein, whether in
storage on or off the Site; and
C. Other property at the Site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures, utilities and underground facilities not
designated for removal, relocation or replacement in the course of construction.
21.02 DESIGNBUILDER shall comply with applicable laws and regulations of any
public body having jurisdiction for safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety
and protection. DESIGN/BUILDER shall notify owners of adjacent property and of
underground facilities and utility owners when prosecution of the Work may affect them, and
shall cooperate with them in the protection, removal, relocation and replacement of their
property. All damage, injury or loss to any property caused, directly or indirectly, in whole or
in part, by DESIGNBUILDER, any subcontractor, supplier or any other individual or entity
directly or indirectly employed by any of them to perform or furnish any of the work or
anyone for whose acts any of them may be liable, shall be remedied by 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 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. DESIGNBUILDER shall designate a qualified and
experienced safety representative at the Site whose duties and responsibilities shall be the
prevention of accidents and the maintaining and supervising of safety precautions and
programs.
ARTICLE 22
IIAZARD COMMMICATION 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
EMERGENQ09
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
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authorization from CITY, is obligated to act to prevent threatened damage, injury or loss.
DESIGN/BUILDER 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 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
SUBMITTAUS
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. DESIGNBUILDER 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 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 DESIGN/BUILDER.
ARTICLE 25
CON--M,'UING TIIE 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.
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ARTICLE 26
DESIGNIBUILDER'S GF.NERAL EARRANTY AND GUARANTEE 4
26.01 DESIGNBUILDER hereby unconditionally guarantees the CITY that e Work
(including all services, labor and materials provided by Subcontractors, sub -subcontractors of
any tier, Vendors and Material Suppliers other than CITY supplied materia16 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 DESIGNIBUILDER's obligation to perform and complete the Work in
accordance with the Contract Documents shall be absolute. None of the following will
constitute an acceptance of work that is not in accordance with the Contract Documents or a
release of DESIGN/BUILDER's obligation to perform the Work in accordance with the
Contract Documents:
A. Observations by CITY;
B. The making of any progress or final payment;
C. The issuance of a certificate of substantial compliance;
D. Use or occupancy of the work or any part thereof by CITY;
E. Any acceptance by CITY or any failure to do so;
F. Any review and approval of a submittal;
G. Any inspection, test or approval by others; or
H. Any correction of defective construction by CITY.
The DESIGNBUILDER guarantees set forth in this Article shall extent for a period of
twelve (12) months after the Date of Final Completion. The DESIGNBUILDER's warranty
obligation as stated herein shall survive termination of the Contract. The CITY shall provide all
notices of defects in writing promptly after discovery of defective conditions. The establishment
of the time period of twelve (12) months after the Date of Final Completion or such longer
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period of time as may be prescribed by law or by the terms of any longer warranty required by
the Contract Documents relates only to the specific obligation of the 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 DESIGN/BUILDER and its sureties shall upon receive of
written notice of such defect and demand to correct any such defective Work rejected by the
CITY or the Architect as failing to conform to the Contract Documents, at no cost to the
CITY, shall within three (3) days of receipt of notice of said defective work (unless others
agree to in writing by the CITY), furnish and provide all design and engineering, labor,
equipment, materials and other services at the site necessary to correct such defect and cause
the Work to comply fully with the foregoing guarantees. The DESIGN/BUILDER is obligated
to correct all such defects, whether these defects are discovered before or after the Date of
Final Completion, and whether or not the defective Work has been fabricated, installed or
completed. Access to building's interior for corrective work shall be closely coordinated with
the CITY so as not to conflict with scheduled events taking place within. The
DESIGNBUILDER shall obtain approved "Dark Days" from CITY prior to commencing
corrective measures of defective work. The 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 DESIGNIBUILDER 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 DESIGNBUILDER shall promptly pay the CITY its costs
incurred in correcting such defect.
26.05 The DESIGNIBUILDER warrants that title to all Work, materials and
equipment covered by an Application for Payment will pass to the Owner, either by
incorporation in the Work or upon the receipt of payment of such work by the
DESIGN/BUILDER, whichever occurs first, free and clear of all stop notices, claims, security
interests or encumbrances. The DESIGNIBUILDER further warrants that no Work, materials,
or equipment covered by an Application for Payment, whether acquired by the
DESIGNBUILDER, or by any other person performing Work at the site or furnishing
materials and equipment for the Project, be subject to any stop notice or encumbrances
thereon. The DESIGNBUILDER and its surety hereby agree to indemnify and hold all
indemnitees as defined in the Agreement harmless from and against any and all costs, expenses
including attorneys fees, damages, claims or liabilities in any way arising out of stop notices
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jmrk1fg:egrcdgrad icnV61419R
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 DESIGNBUILDER's obligations in this
respect begin immediately at the outset of any filing, claim by correspondence or court
proceeding and without regard to a showing of DESIGNBUILDER's fault.
26.06 The DESIGNBUILDER shall bear all costs incurred by the CITY or its
separate contractors resulting from the DESIGN/BUILDER's correction or removal of Work
which does not conform with the requirements of the Contract Documents. However, the
foregoing shall not contravene potential recovery of such costs under insurance coverage
afforded for any such loss or damage under the Insurance terms of Article 15.
26.07 The 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
DESIGNBUILDER. 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 DESIGNBUILDER'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
DESIGNBUILDER, 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
PREVAILIti'G `VAGE
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 CLATNIS
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,
DESIGNBUILDER will undertake such work after receiving written authorization from
CITY. Additional compensation for such extra work shall be allowed only if the prior written
approval of CITY is obtained.
M-1
jmp,Vg-agrcegradreni'614.'98
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 DESIGN/BUILDER that have not
been agreed upon in writing by the CITY.
28.03 When directed to change the work, DESIGN/BUILDER shall submit
immediately to the CITY a written Cost Proposal reflecting the effect of the change. Should
the CITY not agree to such cost proposal, the Work shall be performed according to the
changes ordered in writing by the CITY and the proper cost thereof shall be negotiated by the
Parties upon cost and pricing data submitted by the DESIGN/BUILDER; thereupon, CITY will
promptly issue an adjusted change order to DESIGNBUILDER and the Contract Price and/or
Contract Time will be adjusted upward or downward accordingly.
28.04 Claims. The DESIGN/BUILDER may submit one or more claims in the form
of Cost Proposals for any requested adjustment in the Contract Price or Contract Time
pursuant to the provisions of this Agreement. In such case, the DESIGN/BUILDER shall give
the CITY written notice within seven (7) calendar days after it becomes aware of the event
giving rise to the Change Proposal. Thereafter the CITY shall have a reasonable amount of
time after receipt of the claim to either confirm or refute the basis for the Cost Proposal.
Failure to give the notice required by this section shall be deemed a waiver of the claim.
ARTICLE 29
TESTS AND INSPECTIQNS, 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 DESIGN/BUILDER by CITY. All defective
construction may be rejected, corrected or accepted as provided in this Article.
29.02 Access To Constniction. CITY, CITY's consultants, other representatives and
personnel of CITY, independent testing laboratories and governmental agencies with
jurisdictional interests will have access to the construction at the site at reasonable times for
their observation, inspection and testing. 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 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, DESIGNBUILDER shall assume full responsibility for
27
jmr6Vg'agrcdgradicnL'614.98
arranging and obtaining such inspections, tests or approvals, pay all costs in
connection therewith and furnish CITY the required certificates of inspection or
approvals. DESIGN/BUILDER shall also be responsible for arranging and
obtaining and shall pay all costs in connection with any inspections, tests or
approval required for CITY's acceptance of materials or equipment to be
incorporated in the construction or of materials, mix designs, or equipment
submitted for approval prior to DESIGN/BUILDER'S purchase thereof for
incorporation in the construction.
B. DESIGNBUILDER shall give CITY reasonable notice of the planned schedule
for all required inspections, tests or approvals.
C. If any construction (or the construction work of others) that is required to be
inspected, tested or approved is covered by DESIGNBUILDER without written
concurrence of CITY, the Work must, if requested by CITY, be uncovered for
observation at DESIGNBUILDER's expense unless DESIGNBUILDER has
given CITY timely notice of DES[GNiBU[LDER'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 DES[GNBUILDER'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,
(iincluding 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, DESIGNBUILDER 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, DESIGNBBUILDER may make a claim therefor as provided herein.
28
jmpk1t&gee61VsdienW4.91t
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
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 DESIGNIBUILDER 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, 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. DESIGNBUILDER 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, DESIGNBUILDER sliall promptly, without cost to CITY and in
accordance with CITY's written instructions, (i) correct such defective
construction, or if it has been rejected by CITY, remove it from the site and
replace it with construction that is not defective, and (ii) satisfactorily correct or
remove and replace any damage to other construction or the work of other
resulting therefrom. If DESIGNBUILDER does not promptly comply with the
terms of such instruction, or in an emergency where delay would cause serious
risk of loss or damage, CITY may have the defective construction corrected or
the rejected construction removed and replaced, and all costs and damages
caused by or resulting from such removal and replacement (including but not
limited to all fees and charges of engineers, architects, attorneys and other
professionals, all court or arbitration or other dispute resolution costs, and all
costs of repair or replacement of work of others), will be paid by
DESIGNIBUILDER.
B. In special circumstances where a particular item of equipment is placed in
continuous service before Substantial Completion of all the construction, the
correction period for that time may start to run from an earlier date if so
provided in the specifications or by written amendment.
C. Where defective work (and damage to other construction resulting therefrom)
29
jmp'k/gegedgradi-1:6/4,'98
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 ConstniMion. 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 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-Mav Correct Defective Constniction. 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 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
DESIGN/BUILDER from all or part of the site, take possession of all or part of the
construction, and suspend DESIGNBUILDER's services related thereto, take possession of
DESIGNBUILDER's tools, appliances, construction equipment and machinery at the site and
incorporate in the construction all materials and equipment it stored at the site or for which
CITY has paid DESIGN/BUILDER 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 DESIGNBBUILDER 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.
1mr-Idg-ageelgradicnM4.98
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
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 DESIG /B ILDF,R
30.01 DESIGNBUILDER is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor. DESIGNBUILDER 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 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
DESIGN/BUILDER as provided herein.
31.02 In the event of termination for convenience, the DESIGNIBUILDER will be
compensated for the reasonable value of the Work performed prior to the termination. In the
event the 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 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 DESIGNIBUILDER or, at the Owner's option, may
terminate the employment of the DESIGN/BUILDER and take position of the site and of all
materials located on the site as well as all drawings, plans and specifications and finish the
Work by whatever means the CITY may deem expedient. When the Owner terminates the
DESIGNBUILDER for default as provided for herein, the DESIGNBUILDER shall not be
entitled to receive further payment until the Work is finished. If the expense of finishing the
Work exceeds the unpaid balance of the Contract Price, the DESIGNIBUILDER and its surety
shall pay the difference to the CITY.
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ARTICLE 32
DISPUTE RESOLUTION
32.01 Any dispute which cannot be resolved between the Parties shall be resolved
through litigation in a court of competent jurisdiction (i.e., Superior or Municipal) of the State
of California. Venue for any such litigation concerning this Agreement shall be the County of
Orange. The Parties hereby consent to the jurisdiction of such court and expressly waive all
rights they may have to a change of venue including, but not limited to, the provisions of
California Code of Civil Procedure Section 3914. 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 ANrD SUBCONTRACTING
33.01 DESIGNIBUILDER 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
COPYRIGIITS.TATF.NTS
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 F,NIPLOYF,FS AND OFFICIALS
35.01 DESIGNIBUILDER 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 DESIGNBUILDER's agent (as
designated in Section 1 hereinabove) or to CITY's Director of Public Works as the situation
shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing
the same in the United States Postal Service, addressed as follows:
32
Jrnp-Wg=egredgrad icnU64.'98
TO CITY: TO DESIGNBBUILDER:
Director of Public Works Dale Bodman, President
City of Huntington Beach Gradient Engineers, Inc.
2000 Main Street 17781 Cowen Street
Huntington Beach, CA 92648 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
IMMIGRATION
38.01 DESIGNBUILDER 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 SUBCO`'TRACTING PROHIBITED
39.01 DESIGNBUILDER 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. DESIGNBUILDER 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
33
jmP VS=•gce1grsdienW4.'98
to be severed and deleted from the Contract Documents, and all remaining provisions hereof
shall, in other respects, continue in full force and effect.
ARTICLE 42
PROVISION REQUIRED BY LAW DEEMED INSERTED
42.01 Each and every provision and clause required by law to be inserted in the
Contract Documents shall be deemed to be inserted herein and the Contract Documents shall
be read and enforced as though such provision or clause is included herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
DESIGNBUILDER:
GRADIENT ENGINEERS, INC.
"W, I rA
Xwt � ��R
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Dale Bodman, President
Mayor
By:
errance Bren ecretary ATTE �.
License Number:
City Clerk ./� 9p
Expiration Date:
APPROVED S TO FORM:
REVIEWED AND APPROVED:
jCity Attorney 4g
Cit dministrator INIT D AND APPROVED:y/��
Director of Public Works
34
jmp/k/g:agree/gradient/6/4/98
`.d
DESIGN/BUILD AGREEMENT BETWEEN THE CM' OF HUNTINGTON BEACH
AND GRADIENT ENGINEERS, INC. FOR THE PREPARATION OF PLANS AND
SPECIFICATIONS AND CONSTRUCTION OF THE UNDERGROUND STORAGE
TANK REMOVAL AND REPLACEMENT PROJECT (CG1058)
T BLE QF CQNTENTS
ae
ARTICLE 1 WORK STATEMENT .....................................................................I
ARTICLE 2 CONTRACT DOCUMENTS............................................................2
ARTICLE 3 OWNER'S DUTIES AND.RESPONSTBTLITIES....................................3
ARTICLE 4 TIME OF PERFORMANCE.............................................................3
ARTICLE 5 CONTRACT -PRICE .......................................................................5
ARTICLE 6 PAYMENT AND COMPLETION ......................................................5
ARTICLE 7 PROJECT DOCUMENTS................................................................8
ARTICLE 8 DESIGNBUILDER REPRESENTATIONS AND RESPONSIBILITIES .......9
ARTICLE 9 DESIGN PHASE SERVICES.......................................................... 11
ARTICLE 10 CONSTRUCTION PHASE SERVICES .............................................. 13
ARTICLE 11 OPERATIONAL PHASE............................................................... 15
ARTICLE 12 SUBCQNTRACIORS, SUPPLIERS AND OTHERS ............................. 15
ARTICLE13 BONDS ..................................................................................... 16
ARTICLE 14 INDEMNIFICATION.................................................................... 17
ARTICLE 15 INSURANCE.............................................................................. 17
ARTICLE 16 LATENT FEES_AND_ROYALTIES.................................................. 19
ARTICLE 17 PERMITS .................................................................................. 20
ARTICLE 18 LAWS AND REGULATIONS......................................................... 20
ARTICLE 19 TAXES..................................................................................... 21
ARTICLE 20 USE OF SITE AND OTHER AREAS ................................................ 21
V
ARTICLE 21 SAFE-_N-RRQTaalQN........................................................ 21
ARTICLE 22 HAZARD COMMUNICATION PROGRAMS ..................................... 22
ARTICLE 23 EMERGENCIES.......................................................................... 22
ARTICLE 24 SUBMITTALS............................................................................ 23
ARTICLE 25 CONTINUING THE WORK........................................................... 23
ARTICLE 26 DESTQNWILDER'S GENERAL. WARRANTY AND GUARANTEE ...... 24
ARTICLE 27 PREVAILING WAGE.........................................................................................26
ARTICLE 28 CHANQES IN THE WQRK AND CLATNIS........................................ 26
ARTICLE 29 TESD ANDINSPECTIONS_CORRECTION, REMQVAL..................... 27
QR AC-CEPTANCE OF DEFEM:iVE_CONSTRUCTION
ARTICLE 30 INDEPENDENT DESIGN/BUILDER............................................... 31
ARTICLE 31 TERMINATION F��_ REEhIENT................................................. 31
ARTICLE 32 D1SPUTF_RESOLUTION............................................................... 32
ARTICLE 33 ASSIGNMENT AND SUBCONTRACTING ....................................... 32
ARTICLE 34 QOPYRIGHUIPATENTS.............................................................. 32
ARTICLE 35 QITY_EMPLOYEES AND OFFICIALS ............................................. 32
ARTICLE36 TIE.................................................................................. 32
ARTICLE 37 CAM _NS................................................................................ 33
ARTICLE 38 IMMIGRATION.......................................................................... 33
ARTICLE 39 LEGAL SERVICES SUBCONTRAC'IINC PRO IBITED ...................... 33
ARTICLE 40 ATTORNMS FF,ES.................................................................... 33
ARTICLE 41 SEVERABILITY.......................................................................... 33
ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED .................... 34
ii
I have received Performance and Payment Bond No. PA 7578767, The Insurance
Company of the State of Pennsylvania for Gradient Engineers, Inc.
Re: CC-1058 — Design Build Contract for the Underground Storage Tank Removal and
Replacement at the Water Operations Yard.
Dated:
By:
k./
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
PERFORMANCE AND PAYMENTBOND
BOND NO.-PA7578767
KNOW ALL MEN BY THESE PRESENTS, that we, GRADIENT ENGINEERS, INC. 17781 COWAN STREET
SUITE 140 IRVINE, CA 92714 as Principal (hereinafter called the Principal), and The Insurance Company of
the State of Pennsylvania, a corporation under the laws of the State of Pennsylvania, as Surety (hereinafter
called the Surety) are held and firmly bound unto THE CITY OF HUNTINGTON BEACH 2O00 MAIN STREET
HUNTINGTON BEACH, CA 92648 (hereinafter called the Owner), and to all persons who furnish labor or
material directly to the Principal for use in the prosecutioi of the work hereinafter named, in the just and full
sum of TWO HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED THIRTY-TWO DOLLARS
($226,132.00 ), to the payment of which sum, well and truly to be made, the said Principal and Surety bind
themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract, with the Owner, dated the 151"
day of JUNE, 1998, to THE CITY OF HUNTINGTON BEACH FOR UNDERGROUND STORAGE TANK
REMOVAL AND REPLACEMENT which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS
such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shell be null and void: otherwise it
shall remain In full force and effect.
Whenever Contractor shall be. and declared by Owner to be, In
default under the Contract, the Owner having performed Owner's
obligation thereunder, the Surety may promptly remedy the
default, or shall promptly
1) Complete the Contract In accordance with hs terms and
conditions, or
2) Obtain a bid or bids for completing the Contract In accordance
with Its terms and conditions, and upon determination by Surety
of the lowest responsible bidder, or, H the Owner elects, upon
determination by the Owner end the Surety Jointly of the lowest
responsible bidder, arrange for a contract between such bidder
and Owner, and make available as work progresses (even though
there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this pwo7ophl
Sufficient funds to pay the cost of completion less the balance of
the contract price: but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the
amount set forth In the first paragraph hereof. The term 'balance
of the contract price." as used In this paragraph, shell mean the
total amount payable by Owner to Contractor under the Contract
and any amendments thereto, less the amount properly paid by
Owner to Contractor.
My suit under this bond must be instituted before the expiration
of two (2) years from the date on which final payment under the
Contract falls due.
No right of action shall a=rue on this bond to or for the use of
any person or corporation other then the Owner named herein or
the heirs, executors, administrators or successors of the Owner.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is
such that, if Principal shalt promptly make payment to all
claimants as hereinafter defined, for all labor and material used or
reasonably required for use in the performance of the Contract,
then this obligation shall be void: otherwise It shall remain In full
force and effect, subject, however, to the lollowlrtg conditions.
1) A clalment Is defined as one having direct contract with the
Principal or with a Subcontractor of the Principal for labor,
material, or both, used or reasonably required for use in the
performance of the Contract, labor and materiel being cw4truod
to include that part of water, ges, light, host, oil, gasoline,
telephone service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby lointty end
severally agree with the Owner that every claimant as herein
defined, who has not been paid In full before the expiration of a
period of ninety 190) days ahef the date on which the last of such
claimant's work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for the use of
such claimant, prosecute the suit to final judgment for such sum
or sums as may be justly due clalment, end haws execution
thereon. The Owner shall not be liable for the payment of arty
Costs or expenses of any such suit.
3. No suit or action shall be commerical hereunder by any
claimant:
a. A clamant not having a direct contractual relationship with the
principal contractor Shell pot have a right of action upon the
payment bond unless I11 he has within 30 days after furnishing
the first of such material or performing the first of such labor
serval on the Arincip31 Wttectot, s written notice, which shell
Inform the principal of the nature of the materials being furnished
or to be fumished, or labor being performed or to be performed,
and identifying the party contracting for such labor or materials
and the site for the performance of such labor or the delivery of
such materials, and 121 he has given written notice to the principal
contractor and the governmental unit Involved within 30 days
from the date on which the Claimant performed the last of the
labor or furnished or supplied the last of the material for which the
claim is made, stating with substantial a --curacy the amount
claimed and the name of the party to whom the material was
furnished or supplied or for whom the labor was done or
Performed.
bl After the expiration of one 11) year following the date on
which Principal ceased Work on said Contract, It being
understood, however, that if any limitations embodied in this bond
Signed and sealed this 6' day of AUGUST, 1998 .
(Witness)
>• tit ,
NANCY M. SMITI (Witness)
1048SU0194
are prohibited by any laws controlling the Construction hereof,
ruts limitations shati be deemed to be amended so as to be equal
to the minimum period of limitations permitted by such law.
c. Other than to a state court of competent jurisdiction in and for
the County Of other political subdivision of the state in which the
Project, or any part thereof, is situated, or in the United Sates
District Court for the district in which the Project, or any part
thereof, is situated, end not elsewhere.
4. The amount of this bond shall be reduced by and to the extent
of any payment or payments made In good faith hereunder,
inclusive of the payment by Surety of mechanics' liens which may
be filed of record against said improvement, whether or not claim
for the amount of such lien be presented under and against this
bond.
GRADIENT ENGINEERS, INC.
i (Title)
The Insurance Company of the State of
Pennsylvanian
By /
VAIN= F. Ezekiel, Jr. Q ��aq
1Attorney-in-Fact)
Page 2 of 2
APPSCyw0 AS TO FOMI:
CAIL. Eus L% d
Lr1Jl P
D pp Atto:ne7
t
The Insurance Company of tl• 'tate of Pennsylvania PO`�R OF ATTORNEY
New Hampshire Insurance Coseany PA7 5 7 5767
Principal Bond Office: 70 Pine Street. New York. NY 10270 No.
(Void unless numbered in red)
KNOW ALL MEN BY THESE PRESENTS. that THE INSURANCE COMPANY OF THE STATE OF PENtiSYLVaNIA
and NEW HAMPSHIRE IN RAINCE COMPANY have made, constituted and appointed, and by these presents does make.
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 Attomey-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 ($3.000.000.00)******
This Power of Attorney is granted and is signed and scaled 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 Artornev, qualifying the anomey-in-fact named in the given Power of Attorney to execute in behalf of the
Company, bonds. undertakings and all contracts 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, and 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. 1993.
Attest:
-?yr Jai►r
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. Wal,dh, Senior Vice President
LUCILL E SALEPNO
Notary Public. S:a;e of New York
No. 0l SA-'9?»3E0
Qualified in Suf:o;k County -
Commission Ewes arr�r3�?sue
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 WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
r % fyr jR���1
this 6TH day of Au , 19 98
67189 (11981
Elizabeth M.
Tuck. Secretary
8767
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
`o ss.
On rat gL I �� ��yd, before me,
Date s No—* a-Nd T-ae orOmar (a y .'Jane Dos holary Pub C)
personally appeared
MARY CWTON
ti ca mbsion # 118NWA
Notary PLtac - Cdlaor b
Orange Camitf
My Cornrn. bpi" AA 31-
Place Notary Seal Awve
I
= ersonally known to me
proved to me on the basis of satisfactory
rtdence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that helshelthey executed
the same in hislherltheir authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, e(xeccuuted the instrument.
V4'ITPJESS m ha d'and o(fic'al seal.
Sgnatura of Notary P4).K
OPTIONAL � - — - -- --
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattav ment of this form to another document.
Description of Attached_ Document
Title or Type of Document: Ott u PA��� n wOf 4-11e,6fc;4e of low vr:5 /VO�G
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Individual '
Too of mumb Here
Corporate Officer — Title(s):
Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01997 Nato" Notary Assoc t*n • 9350 Ds Soto Ave . Po. Bon 2402 • Chateworm. CA 6-313.2402 Prod. No 5907 Reorder. Can Tom -Free 1.800-876-6827
The Insurance Company of the - -
State of Pennsylvania
Exeewye offices
70 Pine Street
New York. NY 1027C
FINANCIAL STATEMENT
as of DECEMSER 31, 1997
ASSETS UABILMES
Sands. ...................
slocsm . . . . . . . . . . . . . . . . . .
Catkisert Loans .............. .
Cast: d Srsort-Totm 1nvestrnwus .. .. .
Agon& ft trioea or t lnedlected Framlunla . .
Funds Hato by Cedmg Re'rnsarerx ......
Reirraurar Recoverahta on Lass Paynrem .
Es�ti6" 3 Cep= is in Pool$ & lr.2wdW1Wz. .
Carer AdrHated Assets . . ......... .
$67d.'3104,521
Reserve fcr Oases and Loss Fxpenw .. ..
$762.073.0cs
5-O.W.179
Remm for Ureamed Prexsi== . . . .. ..
= ,535465
Aeserve for E•pernes. Taxes,
29,19'7
U:ertse's and Fees ... .. .. . . . . .
1r1w,01.C32
2S4.5M,584
Provision for Rainw=rce. ... .. . .. . .
24.7C4.713
1.642MI
Funds Hale Under Rdmurarrea Treees ...
13.569,3a5
70.073433
Cther Usbilties.. . .. .. .. .... . .
8,016.166
2OA35.3rt.1
c4ftl Stack.... ...... ... ....
5=5 eca
_ le"541=8
Surplw. .. . . _ .
TOTAL. A83ETS. . . . . . . ... . _$1.72B.90t;ra4 TC7uP0t.1C7'HCts1E.RS'
SURPLUS.......... . . lr3P e".Cr5
TOTAL I1A$li.tt ES AND
POUCYH0LDETtT SURPLUS. . . .
?orb and atocM are valued in accordance with the basis adrmted by fie NaZenal Asaociagm cf trtsurance Cammis3ioners.
Sev»rit e3 carries! at Si23,291,11,37 in me abm Staement are deposited 83 required by law.
CERTIFICATE
1—M4BETH M. TUCK Secretary and MICHAEL J. CAST'c..Li, Corrpttcller of The Insurance Ccmpany of tre Stave of
'Jennsylvania being duly sworn, each for himaeg ceaoees and " that they are the above de=ribed c5cers of tie said
",amparry and that on the 31 er day of December,1997, Lea Company actual<y possessed the assess set forth in the foregoing
tatsment and that such assets were available fcr ft payment cf lasses and claims and held for the protection cl its
milvrhtolders and creditors, e=evt as hereinbefors indicawl. and that the foregoing statement Ls a ootrect exhibit Cf such
.sots and VabSiities of the said Company an the 31st day ei De--mrrmber, 1997, acmrding to the best of their Informatics.
revAedge and belief. rrespecdvety.
s«r.dry r.s.+oaene*
AM CIF bMW YORK St3»
=Nrrr of 149W YCPx
r sre I?arr Of a 19 oe . Aaron me erns VW 800"
000RAN A. HAYMAN
rt+a4 d itia 11W tratVroreoe Carry Of vbe Slue Of Ptff*yNW4.
Ncftq FU4AC. Share OF New fork
." 0ersamillY tu— b be trw r:+dM*= *r4 c Ni % dercrrosd Partin.
No. O 1 HA508 i A2 3
3dw*wwLwdw rift trray cromw me toreganq kwuU me one atNma
QVCHRed tr♦ 5ui;-Ak Caur+ry
sad d Iris OMVQM on owMcl ty RUVO rry at eueir O tts.
Camfnission tjg7ims dune 30. 1999
trrr» rJ/M
O5/OS/23
08:011 FA7: 714 $33 0127
JOFY BCRN'HAH 010�
.-�"v'�,�'••''^��i Zie:[:-L�—�ti7x `F�l�l�
3oViCIN 714-833-2452
John Burnham & Company
WV,
P.O. Box 2410 �
Newport Beach. CA 92658-0269
=^i`: ?+s�x:: Owr[IMrv3l1TI
THIS CE iTIFICATE IS ISSUED AS A RIATTER OF INFORMATION
&CNLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORPING COVERAGE
•
COMPANY
A Commerce and Indu[Try IM. Co.
CON•WY +�
L9UFt0
GRADIENT ENGINEERS
COMPANY
17781 Cowan
C
Irvine CA 92714
COu■ANY
I]
TCLS�F,f�,'Y. _ -.r..�,�...». -�.;. �,���.,.,_,..�- ----•- ---..sue.:-,:�•....:::::�.; .;:'�.,,.:- :,- �-.,..:r.:�.��.:�.�...:-��,•:•....--�.
.. -`..:==�w.vr�.:+..w.r.....,rr-.r[r,1:Y.Yf:'.►~,.:C�:. ..i:.�� ..s.0 i:++NWa-.�wr...r.+rw.ww �aw.rtrt:ltRttt� ,�....J�.ww�
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 11FLOW HAVE PEEN ISSUED TO THE INSUnM NAMED AIIOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIFI MENT. TERM OR CONDITION O► ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY POITAIN. THE INSUILANCB AFFORDED BY THE POLICI1Es CESCRISED HEREIN IS suwEcr TO ALL THE TER.MS.
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE II!N REDUCED BY PAID CLAIMS.
...- • .....-
.O 'iYl'i OF lesYkANei I rOUC/ NVM3a1 POLICY VTCCTNR POLICY COtMT)ON VreRi
TA DATE W %4,MVf T) DATG 1MMlo01tT!
A
OW ALU WLITY
GL4117124
2114198
2114199
GENERAL^00014OATE
• 20000OO
"OOVCTS•CCMr10rlAGG
e 7 00000
4R ..
. 1000000
CCM.MERClALO"-4LeALLW:LJIY
CLAVAS MADE El cc tun
Ill-SONAl6 AOV V4JVRY
EACH OCCURRENCE
. 10=00
OW).q•s: e0kTRACTOR's PRO?
FIRE OwM&LlI IAA f one fro
i 100000
�� •�
vAeo OCF IAA., en, Wrsm4
f 00
A
AUrole0[ILELAAliM
ANY AM
CA7C55513
2111498
2114139
CCMOINf7 i;f1GLd LIMIT
[ 1000000
PXX
BODILY L'iJVRY
rrr P.rferu
,
ALL OWNED AUTOS
Sew-Dum AUTOS
ISRE2^UT6iYODiLY
NCII OWNTO AUTO$
INJURY
IPIr Acdd.")
►rr0P[xI 9 CANA4E
e
C.AAA4ZLIAbt)7Y
AUTO ONLY. EA ACCIDC:T
•
ANY AUTO
OTMER_TINN AUTO ONLY:ai�
.
s
EACH ACCIOE`rr
AGvAEC.ATF
f'
exCCULWr>1TT
UM[NELLA FORM
-- - ••�^�-
- �1 . -
•.tea... •r, .
.••�••�'••• r••�'•:+�
ASAOHOCCURRFfrCE
1
AaaRLr6AT! __ _
9
OTHI4 THAN UMMAKLLA FOAM
WORAM COMP6V%AT9ON AAA
•. �•.
•
W A �
„'
aK
M „�y,�� �� 45.r4':'1`. VI.ti.
- -
G&PLOITC.S• UAirurl
•�
\L EACH ACCIDENT
i
EL OlSEAse • TOucY LIMrr
A
l PRol=Ci VC .• INCL,
OFFICER[ aAE RV(CL
L
EL Dli!A.SE.$A EMPLOYEE
is
OTHER
DIMCWTION OF OPLaATbmr.,%=ATM"%-(H1CL%"PWM nim
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE ATTACHED
FORM CG2010 AS RESPECTS ALL OPERATIONS OF THE NAMED INSURED.
_ --
CITY OF HUNTINGTON BEACH
SHOULD ^-rf 01 VIE "OVi DIRCNaw POUCMA 04 CANrCUM WORE THE
P.xPVLAnoN DATE Tnateor. Tire IsiUrrla COMrAnY WILL X"&XYQ MAX
AM: CHRISTI MENDOZA
GO DATII r+ra14CN NOTICE TO THIS CiRMCATi HOUXX NA.VM TO THE LKT.
2000 MAIN STREETx��
HUNTINGTON BEACH. CA 92648.
dEx7r�.Kx.1GXY.XXY?6YXY�J4XXicxxdc�fxafaclX1<.�fEK.
...... .. .
. .................... . . .
05/05/98 08:051 FAX 714 $33 0127 JOHN Bt'R.lSkx
POLICY NUMBER: CL4177124
INSURED: LeIgMmn and Amda;es, Inc
Com.mE=RICLAL GEkCRALUABiLr Y
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
is 003
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B) -�
This endorsement modifies insurance provided ender the foiiowtng;
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
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 Il) 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" Tor that insured by or for you.
CO 2010 1155
DAM'. '.i1S193
U -Certificate of Insurance
ti
Agency Aflame and Address: THIS CERTIFICATE IS ISSUED AS A !NATTER OF INFORMATION
Professlonai Practice Insurance Brokers ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE
250 Newport Center Drive. Sui a :M-1 06 HOLLER. 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
GRADIENT ENGINEERS, INC. CompanyA --American Motorists Insurance Company
17781 Cowan 7 Company B •- Underwriters at Lloyd's and Companies
Irvine, California 92614-6009
COVERAGES: THL9 m To CE'RTLFY rrtAT Pouc:.Es OF Ats1JRANCE LWED Bo aw HAVE 8M LSSUEO TO THE INSURED NAIrED ABOVE FOR THE POL CY PERroO INtC LTED.
NOTWTTHSTANDM ANY REOt1 DAENT. T1r M OR CON07XW OF ANY CONTRACT OR OTHER OOCSIMEH! Wmi RESPECT TO WHCH THIS CERTIFrCATE MAY BE WJEO OR MAY
POMAIK THE INSURANCE AFFORDED BY THE POLICIES DESCRIM HEREIN IS SUBJECT TO ALL THETERMS, EXCLVSbONS, AND CONDITIONS OF SUCH POUdES
CO.
TYPE OF
POLWY
Poucy
FOLIC Y
LTR.
INSURANCE
NUMBER
EFFEC. DATE
EXPIR. DATE
LIMITS
GENERAL LIABiuTY
General A r ate S
[ ) CommL Gen. Llab;Mi
Products-Com/O AS . S
[ ] Cla'ms Made
Personal b Adv. In S
[ ] Occurrence
Each Occurrence $
Fire Damage (any one Re S
[ ) Independent Contractors
[ ) Contractual
Other
BFPD
AUTO LIABILITY
Combined Single Limit S
[ ) Any Automobile
[ ] AN owned autos
Bodily Injury (Per person) S
[ j Scheduled autos
Bodiy Injury (per accident) $
( ) Hlred autos
I ] Hon -owned autos
Property Damage 3
[ ] Garage Utility
EXCESS LIABILITY
Each Occurrence S
[ ] Umbrella Form
Aggregate S
Other than UmbreVa Form
WORKERS'
Statutory Llmits:
A
COMPENSATION
7CY1304345-03
091011,97
09101/93
Each Accident S 1.000,000
AND EMPLOYERS'
Disease -Policy Limit S 1.000,000
UABILrrY
Disease -Each Empl2yee $1.000.000
H
PROFESSIONAL
P11297 •
10101'97
10101/93
EACH CLAIMI $1.000.000
LIABILITY
AND AUGrirU i C
Description of Ooeratjons/Locations/VenictesrResMctions/Soecral Items:
All operations of the named Insured.
4
C _ - L
T:r:.oi
5cate Holder. TkE AGGREGATE MIT is TIM TOTAL IfRIRANCE AVA&AME FOR CLADAs PRESENTED
wmmt Tm POLICY FOR ALL OPERATIONS OF THE xsuRED. CANCELLATION:
CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRGED POUGE9 BE C.ANGFLLEO BEFORE THE
2000 MAIN STREET erpAAMCN DATE THEREOF. T1fE ISSIJW0 COMPANY WkL MAIL 50 DAYT WRftTE4 NOTICE
HUNTINGTON BEACH, CALIFORNIA 32648 TO THE CER TCCATE HOLDER NAMED TO THE LEFT. EXCEPT IN THE EVENT OF
CA.4CEUJLTION DUE TO NW.rs IET r PREMIUM CASE A 10 CAYT KFTCE
AWN: CHRIS MENDOZA WiLBEG.'VEN. OTECHk4dEtft CfLiAT10H ERBUG
AV,horizzedRepresentaav_ DEVISED -
.�j Date: March2.1993
Heather
wj
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Approve Design/Build Contract for the Underground Storage
Tank Removal & Replacement @ Water Ops Yd; CC 1058
COUNCIL MEETING DATETI
September 8, 1998
RCA ATTACHMENTS
STATUS
Ordinance (wlexhibits & legislative draft if applicable)
Not Applicable
Resolution (wlexhibits Megislative draft if applicable)
Not Applicable
Tract Map, Location Map acid/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Si ned in full b the City Attomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Attached
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FOR PED
Administrative Staff
( )
{ )
Assistant Qtf Administrator (Initial)
( }
( )
City Administrator (initial)
( )
{ )
City Clerk
( )
EXPLANATION FOR RETURN OF ITEM:
RCA Author. Kato