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HAYWARD CONSTRUCTION CO. - 1992-05-18
4/ct I— Fu -. e.14 A/ © REQUEST FOR CITY COUNCIL ACT ON 111147 4 TU I ' Date: February 18. 1992 APPROVED BY CITY COUNCIL Submitted to: Honorable Mayor and City Council — /8 19 Submitted by: Michael T. Uberuaga, City Administratorilkgral&g� `� _ TY CLEL � Prepared by: Michael P. Dolder, Fire Chief CIR[ Subject: PRE-ENGINEERED METAL STORAGE BUILDING AT GOTHARD FIRE STATION Consistent with Council Policy? [ X ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 6;219 STATEMENT OF ISSUE: The Gothard Fire Station has insufficient space to accommodate all of the fire apparatus. Due to the limited funds, staff is recommending a pre-engineered metal storage building at Gothard Fire Station. Staff has prepared a bid proposal and sample contract for construction of the storage building. RECOMMENDATION: 1) Approve bid proposal for pre-engineered metal storage building and authorize the Fire Chief to solicit bids for construction; 2) Approve sample construction contract subject to award of contract to approved lowest responsive bidder. ANALYSIS: Due to the number of reserve and major emergency response vehicles the Fire Department maintains, storage space has been stretched to the limit. The original plan to expand the Gothard Fire Station apparatus bay was abandoned due to the high cost of approximately $300,000. As an alternate plan, the addition of a pre- engineered metal storage building was chosen to solve this storage crisis and at a reduced cost estimated to be less than $110,000. FUNDING SOURCE: A budgeted fund balance of $110,000 is available in Account #E-CP-AS-191-6-31-00 of FY 1991/92 Capital Improvement Program. ALTERNATIVE ACTIONS: Deny approval of bid proposal and sample contract and forego the construction of the storage building. This would necessitate storing some equipment outdoors causing rapid deterioration. ATTACHMENTS: 1. Bid proposal. 2. Sample construction contract. 3 MTU/MPD/MT/sr b:bldg.rca M, AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR GOTHARD FIRE STATION c M 1Pr F' rnpv TABLE OF CONTENTS # TITLE PAGE(S) 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 & 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND 2 & 3 SPECIFICATIONS 3 . COMPENSATION 4 4 . COMMENCEMENT OF PROJECT 4 5 . TIME OF THE ESSENCE 4 & 5 6. CHANGES 5 7. NOTICE TO PROCEED 5 & 6 8. BONDS 6 9 . WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIOUIDATED DAMAGES/DELAYS 7 & 8 12. DIFFERING SITE CONDITIONS 8 & 9 13. VARIATIONS IN ESTIMATED OUANTITIES 9 & 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 & 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 & 12 19 . WORKERS.' COMPENSATION INSURANCE 12 20 . INSURANCE 12 & 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 13 & 14 22. DEFAULT AND TERMINATION 14 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 14 24. NON-ASSIGNABILITY 15 25 . CITY EMPLOYEES AND OFFICIALS 15 TABLE OF CONTENTS ## TITLE PAGE(S) 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS 15 27. IMMIGRATION 15 28 . NOTICES 16 29 . CAPTIONS 16 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED 16 31. ENTIRETY 17 „.,,r,-, nr,-, . AGREEMENT BETWEENT THE CITY OF HUNTINGTON BEACH AND FOR GOTHARD FIRE STATION THIS AGREEMENT is made and entered into on this day of , 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and , hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " described as ; more fully described in Exhibit "A" which is attached hereto and incorporated herein by this reference; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description SAMPLE COPY i connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s. ) 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and SAMPLE COPY special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1988 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Purchasing Division of CITY without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. SAMPLE COPY 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of , as set forth in the Contract Documents, to be paid as provided for herein. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within the determination of CONTRACTOR and engineers from the day the "Notice to Proceed" is issued by Purchasing Division, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be SAMPLE COPY A performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the Fire Department ("FD") . CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the FD may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the FD, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the FD. When directed to change the work, CONTRACTOR shall submit immediately to the FD a written cost proposal reflecting the effect of the change. Should the FD not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the FD and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work SAMPLE COPY 5 due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR'S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for SAMPLE COPY CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIOUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in ' all parts and requirements finished or completed within the number of calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of SAMPLE COPY 7 any such delay (unless the FD shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the FD in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the FD shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the FD in writing of: (a) Subsurface or latent physical conditions at the job SAMPLE COPY 8 site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The FD shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 . VARIATIONS IN ESTIMATED OUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The FD may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities 9 SAMPLE COPY listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the FD shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Progress payments will be determined upon mutual agreement with successful bidder. The CITY shall retain funds in a sum equal to ten percent (10%) of each such progress payment, and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the FD, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the FD finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up €o one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by FD, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the FD, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the SAMPLE COPY in certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the FD its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S SAMPLE COPY 11 employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. SAMPLE COPY 19 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITYfor all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each 1 4AMPT F (Y)PY carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR 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 shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this 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. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or .fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may SAMPLE COPY 14 elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON-ASSIGNABILITY CONTRACTOR 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. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR 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 California Government Code Sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One-Hundred Dollars ($100) SAMPLE COPY 15 for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR 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 8 U.S.C. §1324a regarding employment verification. 28. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 hereinabove) to CITY' s Fire Chief, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO CONTRACTOR: Michael Dolder, Fire Chief 2000 Main Street Huntington Beach, CA 92648 29 . CAPTIONS Captions of the sections 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. 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment 16 of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 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 CONTRACTOR. 31. ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By: Mayor Its: By: Its : ATTEST: APPROVED AS TO FORM: 2 (JD )/ NZ-> City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: 1 City Administ ator Deputy City Administrator SAMPLE COPY 17 PURCHASING DEPARTMENT • QUOTATION NUMBER el) CITY OF HUNTINGTON BEACHShow this number on OB.ITSIDE 2000 MAIN STREET of your envelope. HUNTINGTON BEACH, CALIFORNIA 92648 PLEASE °COTE ON HUNTINGTON BEACH REQUEST FOR QUOTATION THIS FORM • Date Mailed • Bids will beseceived until • 4:00 P.M. at the office of the Purchasing Agent • Purchasing Agent \NTITY UNIT DESCRIPTION • UNIT PRICE AMOUNT sr • , • For the furnishing of all labor, materials, and equipment necessary to perform to construct a Pre-engineered metal building at 18311 Gothard Street, Huntington beach in accordance with the below described work to be performed. Each item shall be quoted separately, with a total of all item on this page. No bids will be received unless it is made with this Request for Quotation Form. The quantities, set forth in the specification, are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Fire Chief. All bids will be compared on the basis of the Fire Department estimate of the quantities of work to be done. The City of Huntington Beach, California reserves the right of reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. Quotations are requested for furnishing the items described CERMS: in accordance with terms set forth herein. All quotations 90 days must be F.O.B. delivered. The detailed specifications or Sales Tax • - • brand•names or numbers given herein is descriptive and in- dicates quality and style of item required. Offer to supply articles substantially the same as those described herein will Total be considered provided the articles offered are equal in quality, durability, and fitness for the purpose Intended. All quotations must be signed. Acceptability of alternates will be determined solely by the City of Huntington Beach. Delivery Address: ADDRESS YOUR REPLY TO: Signature City of Huntington Beach California PURCHASING DEPARTMENT Delivery to be made on or before CITY OF HUNTINGTON BEACH Title 2000 MAIN STREET HUNTINGTON BEACH, CALIF. 92648 Date TEL:(7141 5 3 6-5 221 Phone • BID PROPOSAL FROM Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or material man through any bid from any subcontractor or rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or material man which is not processed through said bid depository, or which prevent any subcontractor or material man from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: Item Approximate Item with Unit Price Unit No. Quantity Written in Words Price Total 1 Lump Sum Concrete, Grading & Foundation 2 Lump Sum Special Construction 3 Lump Sum Mechanical 4 Lump Sum Doors/Windows/Hardware 5 Lump Sum Moisture Protection 6 Lump Sum Finishes 'It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less that those shown herein at the unit prices bid in the proposal schedule. , The undersigned understands the contract time limit allotted for the contract is If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the propsoal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans specifications, and the contract. Accompanying this propsoal is ($ ). NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory tot he City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. . Signature of Bidder Business Address Place of Residence Date this day of , 19 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature • PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the foIIowing information: Additional sheets may be attached if necessary. 1. Firm Name: 2. Address: 3. Telephone: 4. Type of firm—individual, partnership, or corporation: 5. Corporation organized under the laws of the State of: 6. Contractor's License Number: Expiration Date: (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: 8. Number of years experience as a contractor in construction work: 9 List at least six projects completed as of recent date: Contract Class of Date Name, Address & Phone Amount Work Completed Number of Owner 10. List the name of the person who inspected the site of the proposed work for your firm: Date of Inspection: 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. • DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. Portion State License of Work Subcontractor's Name and Address Number Class By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub-contracts entered into and bonds furnished by sub-contractor for this project. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID , being first duly sworn, deposes and says: 1. That he or she is of , the party making the foregoing bid; 2. That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3. That the bid is genuine and not collusive or sham; 4. That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding: 5. That the bidder has not in any manner, directly or indirectly, sought by agreement, communications, or conference with anyone to fix the bid price of the bidder or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6. That all statement s contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. • NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID , being first duly sworn, deposes and says: 1. That he or she is of , the party making the foregoing bid: 2. That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3. That the bid is genuine and not collusive or sham; 4. That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding; 5. That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6. That all statements contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is'true and correct. ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. STANDARD SPECIFICATIONS Except as hereinafter provided, the provisions of the latest Edition of the "Standard Specifications for Public Works Construction" (Green Book) published by Building News, Inc. 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, adopted by the Joint Cooperative Committee of Souther California district and Associated Contractors of California; hereinafter referred to as Standard Specifications, are adopted as the "Standard Specifications" for this project and shall be considered as a part of these Special Provisions. Where specified, the specified editions of"Standard Specifications" and "Standard Plans" of the State of California, Business and Transportation Agency, Department of Transportation, shall apply. If no date of publication is specified, the most recent editions, as of the date of publication of the Notice Inviting Bids for this contract, shall apply. PART 1 GENERAL SPECIAL PROVISIONS The following additions are made to the "Standard Specifications." If there is a conflict between the Standard Specifications and these additions, these additions shall have first precedence. Definitions a. AGENCY The City of Huntington Beach, California also hereinafter called "CITY". b. BOARD The City Council of the City of Huntington Beach, California c. CONTRACT Docments including but not limited to the DOCUMENT proposal forms-1 through p-5, Standard Specifications, General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract Agreement and all addenda setting forth any modifications of the documents. d. ENGINEER The administrating officer of the City of Huntington Beach or his authorized representative. Randy Goodman at 714/536-5476 or Mich Terich at 714/536-5473. e. BIDDER Any individual, co-partnership, association or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representative. f. LEGAL ADDRESS The legal address of the Contractor shall be the OF CONTRACTOR address given on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. g LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract. h. SPECIAL PROVISIONS The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Standard Specifications. The Department of Transportation publications entitled Labor Surcharge and Equipment Rental Rates and General Prevailing Wage Rates are to be considered as a part of the special provisions. i STATE CONTRACT Chapter 3, Part 5, Division 3, Title 2 of the Government Code. The provisions of this act and other applicable laws, forms and constitute a part of the provisions of this contract to the same extent as is set forth herein in full. Award of Contract The city reserves the right to reject any and all Proposals. The award of the contract, if it be awarded, will be to the lowest responsible Bidder whose Proposal complies with all the requirements prescribed by the City. Execution of Contract The contract shall be signed by the successful Bidder within ten (10) working days after award, and be returned together with the contract bonds, to the City Clerk's office. Work shall commence within 10 working days after the contract has been fully executed. No Proposal shall be considered binding upon the City until the contract is executed by the Contractor and the City. The contract time shall start on the date specified in the "Notice to Proceed"issued by the City. Failure to Execute Contract Failure to execute a contract and file acceptable bonds as provided herein within the time specified for the applicable contract category shall be just cause for the cancellation of the award and the forfeiture of the proposal bid bond. Return of Bid Bond Within ten (10) days after the award of the contract, the City of Huntington Beach will return the bid bonds accompanying the proposals which are not to be considered in making the award. All other bid bonds will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposal they accompany. Guarantee The Contractor, by submission of a bid for this project, expressly agrees to the herein stipulated guarantee of materials, products, workmanship, and installations incorporated into this project. • All work performed in accordance with these plans, standard specifications, and special provisions, including, but no limited to, workmanship, installation, fabrications, material and structural, mechanical, or electrical facilities shall be guaranteed for a period of one year, commencing with the filing of the notice of completion and acceptance of the contract by the City, unless specific areas are to be guaranteed longer as provided in Special Provisions. Security of this guarantee shall be furnished to the City and may be included as part of the Faithful Performance Bond. There shall be express wording in the Performance Bond, if such bond includes the guarantee or warranty of the Labor and Materials for one year period, commencing with the filing of the Notice of Completion and acceptance of the contract by the City. The guarantee amount shall be for the full amount of the Performance Bond. Release of the Performance Bond shall not apply to the guarantee or warranty period. It is recommended that the Performance Bond include the guarantee and warranty requirements. The Contractor, by agreeing to this latent defect guarantee, also agrees that within 10 days after notification of a failure or deterioration of a facility or work covered under this contract, he will repair, replace or show reasonable cause as to reason for further delay. Refusal or failure to commence repair or replacement will cause the City to file claim against the bond. Excepted from the guarantee of labor and materials will be defects caused by acts of God, acts of the City, acts of vandals, or by acts of other outside or beyond the control of the Contractor. Plans and Specifications Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California,.for his general use. If after award of contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the Standard Specifications, Special Provisions and plans, the Contractor shall request from the Engineer further explanation or interpretation of the contract. The request by the Contractor and the engineer's response shall be in writing. All scaled dimensions are approximate. Before proceeding with any work, the . Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer's response shall be in writing. All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his representative of any discrepancies. Removal of Defective and Unauthorized Work All work which is defective in its construction or does not meet all of the requirements of the Plans and/or Specifications shall be remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction. Any work done beyond the limits of the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid. Upon failure on the part of the Contractor to comply forthwith with any order of the Fire Chief made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs and thereof from any monies due or to become due the Contractor. Authority of Board and Inspection The Contractor shall give at least 24 hours advance notice when he or his Subcontractor will start or resume the work. The above notice is to be given during working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hrs/day or more than 40 hrs/week, Saturday, Sunday, or City holidays, he shall arrange with the Engineer for the required inspections service. Any work performed in conflict with said advance notice, without the presence or approval of the Engineer, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor's expense, and shall be removed at Contractor's expense, if so ordered by the Engineer. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment and final acceptance of work shall be corrected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. All authorized alternation affecting the requirements and information given on the approved specification shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviation from the approved, as may be required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in writing. If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling or decisions is given, file a written protest with the Engineer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractors, in writing of his final decision, which shall be binding on all parties, unless within the ten (10) days thereafter the Contractor shall file with the City Council a formal protest against said decision of the Engineer. the City Council shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. Final Inspection Whenever the work provided for the contemplated by the contract shall have been satisfactorily completed and the final cleaning performed, the Engineer and Building Division will make the final inspection. Test of Materials All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the Standard Specifications. No materials shall be used until they have been approved by the Engineer. The Contractor shall, at his expense, furnish the City, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the City shall not be incorporated in the work, unless the Engineer shall have notified the Contractor, in writing, that such testing and inspection will not be required. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Construction Schedule and Commencement of Work Prior to the start of work, arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor shall submit for approval by the Engineer a complete schedule showing the number of working days required to complete the project. The contract time shall commence on the date shown on the "Notice to Proceed", which will be issued by the City. Progress Schedule When, in the judgment of the City, it becomes necessary to accelerate the work, the contractor, when ordered, shall cease work at any particular point and concentrate his forces at such other point or points as directed; and execute such portions of his work as may be required to enable others to hasten and properly engage and carry on their work. Acceptance Should it become necessary, due to developed conditions, to occupy any portion of the work before contract is fully completed, such occupancy shall not constitute acceptance. Public Liability and Property Damage Insurance The Contractor shall furnish to the City and maintain during the life of the contract a public liability insurance policy in which the City is named as an additional insured. The Contractor shall also hold harmless the City, its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed. The policy shall provide for not less than the following amounts: Damage Including Products Liability: $1,000,000 combined single limit per occurrence. Note: 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. Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters together with such endorsements as are required to cover the risks involved. The Contractor shall arrange for the policies to be so conditioned as to cover the performance of"Extra Work", should such work become necessary. Prior to the commencement of work under the contract, evidence of insurance shall be furnished on a standard Acord form as provided by the Insurance Industry. In addition, the Contractor shall furnish evidence of a commitment by the insurance company to notify the City of the expiration or cancellation of any of the insurance policies required hereunder not less than 30 days before any change in coverage, expiration or cancellation is effective. The Contractor shall also show proof of Workers' Compensation and Employers' Liability coverage meeting the City's required limits of not less than $100,000 bodily injury by accident, each accident: $250,000 bodily injury by disease, policy limit, and $100,000 bodily injury by disease, each employee. Permits. Licenses and Authorizations Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. In the event that the agency has obtained permits, licenses or other authorizations applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. The Contractor shall obtain from the State of California, the Industrial Safety Permit required for the various construction items. NOTE: No charges for any City Buidling Permits. The Contractor's Representative Contractor shall also file with the Engineer, the address and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress. Instructions and information given by the Engineer to the Contractor's authorized representative in person, at the address or telephone numbers filed in accordance with this section shall be considered as having been given the Contractor. Superintendence Whenever the Contractor is not present on any part of the work where the City desires to give direction, orders will be given by the Fire Chief in writing, and shall be received and obeyed by the Contractor's superintendent or foreman in charge of the particular work in reference to which orders are given. Cleanup and Dust Control All surplus materials shall be removed from the site immediately after completion of the work causing the surplus materials. Unless the construction dictates otherwise, and unless otherwise approved by the Engineer, the Contractor shall furnish and operate a self—loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration is incomplete. Use of City Water System Construction water meters are required on all projects within the City. The Water Division will furnish and set the meter with eddy valve. The deposit for the water meter is $700.00. The service charge to set the equipment and for each time the equipment is moved to a new location is $25.00. Payment must be in cash, cashier's check or money order. Noise Control If the construction site is located adjacent to a residential area, the Contractor shall take all necessary steps to limit the amount of noise emitting from construction equipment used. In addition, working hours shall be restricted to between the hours of 7:00 AM to 6:00 PM. Applicable sections of said permit are reproduced and are available for your inspection at the Department of Public Works. Barricades All barricading shall comply with the provisions of the current State of California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. Registration of Contractor Prior to the award of contract, the Contractor shall be licensed in accordance with the provisions of Article 1 to 9 inclusive of Chapter 9, Division 3 of the Business and Progressions Code of the State of California and Amendments thereof, providing for the registration of Contractors, and defining the term Contractor; providing a method of obtaining licenses to engage in the business of contracting and fixing the fees for such licenses; and prescribing the punishment for violation of provisions thereof, as amended. Payment General Payment for the furnishing of all labor, materials and equipment necessary to perform all work indicated on the plans and described in these specification and Special Provisions shall be included in the contract unit prices bid for the items listed on the Proposal, and no additional compensation will be allowed. Compensation for items of work shown or described, but not listed on the proposal, will be considered to be included in the prices bid for listed items. Non-listed items to be included int he unit prices bid for various items listed on the proposal consist of, but are not limited to, the following: 1. Watering and dewatering 2. Backfill, compaction and disposal of surplus material. 3. Maintaining public utility facilities 4. Miscellaneous removals. 5. Trench resurfacing 6. General finishing and clean-up 7. Barricading, traffic control, and temporary striping. 8. Restoring private property improvements. 9. Potholing utilities Progress Payment Payment will be determined upon a mutual agreement with successful Bidder. The City shall retain money in the amount of ten percent (10%) of the progress payment unless approval of Engineer for greater percent of such estimated value of the work done is obtained. Payment Upon Completion The City shall monthly pay to the contractor while performing the work, the progress payment balance, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No estimate or payment shall be required to be made when in the judgement of the Engineer, the work is not proceeding in accordance with the provisions of the contractor when in his judgment the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). At the request and expense of the contractor, substitution of securities for any monies withheld by the City to insure performance under the contract shall be permitted inaccordance with provisions of the California Government Code, Section 4590. • Final Payment The Engineer shall, after completion of the contract, make a final estimate of the amount of work done thereunder and the value of such work, and the City of Huntington Beach shall pay the entire sum found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimates and payment. The final payment shall not be due and payable until after the expiration of thirty-five (35) days from the date of recording a Notice of Completion Contract. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract, except the final certificate of final payment, shall be evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or unacceptable materials. Proposal Requirements Examination of Plans. Standard Specifications. Special Provisions and Site of Work The bidder shall examine carefully the site of the work contemplated and the proposal, specifications and contract from therefore. It will be assumed that the bidder has investigated and is satisfied as tot he general and local conditions to be encountered; as to the character, quality and quantities of the work to be performed and materials to be furnished; as to the character of equipment and facilities needed preliminary to and during the prosecution of the Work; and as to the requirements of these specifications. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained. Proposal Form All bids shall be presented under sealed cover and shall be accompanied by cash, a cashier's check, certified check, or bidder's bond made payable to the City of Huntington Beach, for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid will be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. Withdrawal of Proposals Any bid may be withdrawn at any time prior to the hour fixed in the notice To Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or his duly authorized representative, for the withdrawal of such bid, is filed with the City Clerk. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. Public Opening of Proposals Proposals will be opened and read publicly at the time and place indicated in the Notice To Contractors. Bidders or their authorized agents are invited to be present. Rejection of Proposals Containing Alterations Erasures or Irregularities Proposals may be rejected if they show an alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. Any mistakes and their subsequent corrections shall be initialed by the Bidder. The right is reserved to reject any or all Proposals. Disqualification of Bidders More than one proposal from an individual, a firm, a partnership, a corporation, or an association under the same or different names will not be considered. Reasonable ground for believing that any Bidder is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such bidder is interested. If there is reason for believing that collusion exists among any or all bidders, any or all Proposals may be rejected. Proposals in which he prices obviously are unbalanced may be rejected. Performance Bond Upon signing the contract, the proposer shall be required to provide the City with a satisfactory performance bond in the amount equal to the final agreed upon price for the system. If the award proposer fails or refuses to commit to a contract with 10 days of notification of award or does not furnish the require performance bond, the award will be withdrawn and the Proposer shall be eliminated from further consideration. GENERAL Design Criteria: Pre-engineered metal building shall conform to UBC 1988, wind load of 70 MPH, 20# live load, importance factor 1, exposure factor B, seismic zone 4, and 0# collateral load. Endwalls shall be non-expandable. Location: 18311 Gothard Street, Huntington Bch Bay spacing: One (1) 20'-0" and one (1) 25'-0"bay. Design Drawings: Provide all drawings and engineering required for plan check submittal. Permits/Fees: Contractor will be required to pull permits but fees will be waived. Bolt inspection: High strength A-325 bolt inspection included in Contractor's bid. ITEM 1: CONCRETE, GRADING, FOUNDATION Design concrete footings to support pre-engineered metal building using soils report by Robert Stone & Associates, dated February 22, 1970, which establishes a soil bearing pressure of 1800 lb/sq. ft. Footings to have reinforcing steel and#5 hair pins at each rigid frame column. Slab to be 6" 2000 psi concrete with#3 rebar 24" o.c. each way. Building slab shall have a thickened edge around perimeter. Interior finish floor to have a smooth trowel finish with a clear sealer. Long lasting protective surface. ITEM 2: SPECIAL CONSTRUCTION • Pre-engineered Metal Building Provide and install One (1) 45'-0"x 55'-0" x 14'-0" plate height metal building with a 1/2" in 12" double roof slope. The building shall have the following features. 1. Roof system shall be 14ga Aluminum-zinc coated standing seam panels with 90 mph uplift. 2. R-19 white vinyl-faced insulation in roof. 3. Six (6) 2'-0"x 10'-0" seamed in skylites. 4. Three (3) power roof exhausters capable of providing one (1) complete air exchange every nine (9) minutes. 5. Exterior panel on East, North, and West elevations shall be stucco embossed Texture Cote Stylwall II 26ga Flatt panels or approved equal. 6. R-11 white vinyl-faced insulation in walls. 7. Four (4) 3'-0"x 2'-0" steel wall louvers. 8. Two (2) 3'x7' deluxe hollow metal personnel doors with vision lites and handicap cylinder lock keyed to owner's master. Door to be factory prime painted. 9. Two (2) 15'-0"x 12'-0" sectional doors with one (1) section of smoke grey glass lites. Door to be factory prime painted and have power operators. Door type to be 24ga Windsor, Kawneer, or equal to. Remote opener to have two locations within the building and a red stop button at each location. 10. Four (4) 2'-8" x 10'-0" bronze anodized aluminum windows with smoke grey glass with no distortions and all work and materials per building and city codes. 11. Fascia system with 1'-3" overhang, soffit panels, and 4' vertical dimension. Fascia system to be on North, East, and West elevations only. Fascia panel shall be 24ga Stylwall II fluted panel painted Classic Bronze or equal. 12. 26ga painted galvanized steel gutter and two downspouts. 13. Endwall counter flashing at fascia system and standard gable trim at property line. ITEM 3: MECHANICAL Provide and install three (3)power roof exhausters and curbs capable of providing one (1) complete air exchange every 9 minutes. Exhauster type to be Cook-180V5B or equal to. • • ITEM 4: DOORS/WINDOWS/HARDWARE Provide standard pre-engineered metal building manufacture's deluxe door and frame package with a minimun 18ga door panel and 16ga frame. Doors shall have vision lites with wire glass. Door hardware shall be handicap lever cylinder locks with keying to match owner's master. Sectional doors shall be 15' -0" x 12'-0" with 24ga panels. Doors to have power operators and I section of glass lites with smoke grey glass. Finish shall be manufacture's factory applied prime paint. Aluminum windows shall be bronze anodized with smoke grey glass and shall conform to all building code requirements. The window dimensions shall be 2'-8" x 10'-0" and shall be 2'-0" off the finish floor. ITEM 5: MOISTURE PROTECTION Provide R-19 vinyl faced roof insulation and R-11 vinyl faced wall insulation. ITEM 6: FINISHES Design and install one (1) hour steel stud and drywall endwall on South property line. Wall to be skid erected because of proximity to property line. Sheet exterior of this one hour wall with 26ga painted corrugated metal panel before wall is erected into place. Provide framing system and 5/8" drywall liner panel full height at building perimeter. Provide all interior trims at doors and windows. Allow adequate time for city contractor to install electrical material before drywall is installed. Drywall is to be taped and finished and left ready for paint. All other finished are not part of this contract. If you have any questions, please call Randy Goodman at 714/536-5476 or Mich Terich at 714/536-5473. Liquidated Damages The contractor and the city agree the city will suffer irreparable damages in the amount of $250.00 per day if construction is not completed by . The contractor thereby agrees to undertake the construction of the Pre-engineered building to be completed by . In the event construction is not completed by that date, the contractor agrees to reimburse and pay to the city the sum of $250.00 per day for each work day beyond until construction is completed as liquated damages suffered by the city because of the contractor's failure to meet this completion date. 0678v R I have received the Faithful Performance Bond and the Labor and Materials bond for Hayward Construction Company, Inc. , Pre-engineered storage buildings at Gothard Fire Station on behalf of the Treasurer' s Office. Dated ),2W — — — — 1 • ' BONP4 #7278811 PREMIUM: INCLUDED IN PERFORMANCE BOND GZE kT AIVERIC-' N INSURANCE COMPANY LABOR AND MATERIAL PAYMENT BOND —PUBLIC WORK (California) .P_r%;_:-, ryC TO : . c:; -_.tu.•ney KNOW ALL MEN BY THESE PRESENTS: That we, HAYWARD CONSTRUCTION COMPANY, INC. as Principal and the GREAT AMERICAN INSURANCE COMPANY,a Corporation organized and existing under the laws of the State of Ohio and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto any and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned,and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done,and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, in the sum of THIRTY THREE THOUSAND FOUR HUNDRED THIRTY SEVEN AND 50/100 ---- Dollars, ($33,437.50 ), lawful money of the United States of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. SIGNED,sealed with our seals and dated this 5TH day of MAY , 19 92 The condition of the foregoing obligation is such that,whereas the above bounden Principal has entered into a contract,dated , 19 , with CITY OF HUNTINGTON BEACH to do and perform the following work,to-wit: PRE—ENGINEERED METAL BUILDING 92-000-0312 18311 GOTHARD STREET, HUNTINGTON BEACH NOW, THEREFORE, if the above bounden PRINCIPAL, contractor, person, company or corporation, or his or its sub-contractor, fails to pay for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performance of the work contracted to be done,or for any work or labor to persons named in Section 3181 of the Civil Code,thereon of any kind,or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed by any such claimant. Including any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the contractor and his sub-contractors pursuant to Section 18806 of the Revenue and Taxation Code,that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This bond is executed for the purpose of complying with the laws of the State of California designated as Title 15, Chapter 7,Works of Improvement, commencing with Section 3247 of the Civil Code of the State of California and all amendments thereto,and shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code,of the State of California. • HAYWARD CONSTRUCTION COMPANY, INC. (SEAL) GREAT AMERICAN INSURANCE COMPANY D (SEAL) Toby B. Hayw rd, Vice President Principal Diana Laskowski Attorney-in-Fact I' 5-924B-7/77 r 4 Bond No. 7278811 Initial premium charged for this bond is 963 subject to adjustment upon completion of contract at applicable rate on final contract price. G EAT AMELZLC�IN LNSURANCE COMPANY CONTRACT BOND — CALIFORNIA APPROVED AS TO FORM:' FAITHFUL PERFORMANCE —PUBLIC WORK GAIL rUi''101, {- ty Attorney Dy:; Deputy City Attorney KNOW ALL MEN BY THESE PRESENTS: That we, HAYWARD CONSTRUCTION COMPANY, INC. as Principal, and GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State of California,as Surety,are held and firmly bound unto CITY OF HUNTINGTON REACH �_._ as Obligee, in the sum of SIXTY SIX THOUSAND EIGHT HUNDRED SEVENTY FIVE .Dollars, ($ 66,815.00 ), for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs,executors,administrators, successors,and assigns,jointly and severally,firmly by these presents. SIGNED,sealed and dated this 5TH day of MAY , 19_92 WHEREAS, the Principal and the Obligee have entered into a written contract, hereinafter called the Contract,a copy of which is or may be attached hereto,dated the day of , 1992 for: PRE—ENGINEERED METAL BUILDING 92-000-0312 18311 GOTHARD STREET, HUNTINGTON BEACH NOW THEREFORE, the condition of the foregoing obligation is such that if the Principal shall well and truly perform and fulfill all the undertakings,covenants,terms,conditions,and agreements of said contract,and during the life of any guaranty required under the contract,and shall also well and truly perform and fulfill all the undertakings,covenants,terms,conditions,and agreements of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that,in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately given by the Obligee to the Surety and shall be forwarded by registered mail to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202. AND PROVIDED FURTHER,that no action,suit or proceeding,except as hereinafter set forth,shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve months after completion of the work mentioned in said contract,whether such work be completed by the Principal,Surety or Obligee;but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be brought within six months from the expiration of the maintenance period,but not afterwards. HAYWARD CONSTRUCTION COMPANY, INC. (SEAL) GREAT AMERICAN INSURANCE COMPANY b Toby B. Hz4yward, Vice President (SEAL) Principal Diana Laskowski Attorney-in-Fact S.1052A-2/78 • • GMAT ANERICAN INSURANCE COMPANY The nt, nber of persons authorized by this power of attorney is not more than No.0 13216 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name,place and stead to execute in behalf of the said Company,as surety.any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE DEBORAH HILL CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 8th day of May , 19 90 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 8th day of May, 1990 ,before me personally appeared WILLIAM J. MANEY, to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute in behalf of the Company, as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,RONALD C.HAYES,Assistant Secretary of the Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20,1979 have not been revoked and are now in full force and effect. Signed and sealed this 5TH day of MAY , 19 92 S1029M(03/90) - r8CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 27, 1992 Toby Hayward, Vice President Hayward Construction Company, Inc. 1951 S. Murtle A enue Monrovia, CA 91016 RE: Construction of Pre-engineered storage building at Gothard Fire Station , PROJECT Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441 . s;-Mlle;, 6g40e4vazi> Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance (Telephone: 714-536-5227) • 8 7--/DL„L„,,e4ium__) AI REQUEST FOR CITY COUNCIL ACTIS) ,— FALH HUNTINGTONMfACH APPROVED BY CITY COUNCIL 51A9 199A Date: May 18. 1992 • Jr, �..,, Submitted to: Honorable Mayor and City (%ounncil crT cLr, Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Michael P. Dolder, Fire Chief Subject: PRE-ENGINEERED MET L STORAGE BUILDING AT GOTHARD FIRE STATION Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:Q*, STATEMENT OF ISSUE: Bids for the pre-engineered storage building at Gothard Fire Station were received and opened on March 16, 1992. RECOMMENDATION: Approve the lowest responsive bid submitted by Hayward Construction Company and authorize the Fire Chief to expend $110,000 to cover contract cost of $66,875, estimated construction change orders of $6,500, and encumber funds for electrical, plumbing, and interior finish in the amount of approximately $36,625. ANALYSIS: The Fire Department maintains a number of major emergency vehicles and reserve vehicles at the Gothard Fire Station which exceed the inside storage limits of the facility. The original plan to meet these storage needs was to expand the apparatus bays. However, this idea was abandoned because of the high cost estimated to be $300,000. An alternate plan to construct a pre-engineered metal storage building was chosen with an estimated cost to be less than $110,000. On February 18, 1992, City Council approved the bid proposal and authorized the Fire Chief to solicit bids for the construction of a pre-engineered metal storage building shell to the rear of the Gothard Fire Station. Bids for the pre-engineered metal building shell project were received and opened on March 16, 1992. Five (5) bids were received. Staff reviewed the bids and list of qualifications (see summary below)and recommends that a contract be awarded to the Hayward Construction Company. Hayward Construction Company was found to be the lowest qualified bidder to meet the specifications and proposal to construct the building shell for $66,875. In order to reduce construction costs the Fire Department proposes the electrical, plumbing, and interior finish be separated from the building contract and use existing open contractors through Public Works (Building Maintenance Division), not to exceed $36,625. BID SUMMARY 1. Dumarc Corporation $65,500 Disqualified Hayward Construction Company $66,875 Qualified 3. Shook Building Systems $74,700 Qualified 4. Design Build Associates $79,250 Not Qualified, at this time 5. Building Construction Associates $86,860 Not Qualified, at this time a ti R*est for City Council Action Pry:-Engineered Metal Storage Building at Gothard Fire Station May 18, 1992 Page 2 FUNDING SOURCE: A budgeted fund balance of$110,000 is available in Account //E-CP-AS-191-6-31-00 of FY 1991/92 Capital Improvement Program. ALTERNATIVE ACTIONS: 1. Deny award of contract to Hayward Construction Company and select one of the other bidders. 2. Reject all bids and freeze the construction of these improvements. ATTACHMENTS: 1. Request for quotation. 2. Hayward Construction Company bid. MTU/MPD/RG/sr b:bldg2.rca • I—c I— AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HAYWARD CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION WORK AT GOTHARD FIRE STATION TABLE OF CONTENTS # TITLE PAGE(S) 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 & 2 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND 2 & 3 SPECIFICATIONS 3 . COMPENSATION 4 4 . COMMENCEMENT OF PROJECT 4 5 . TIME OF THE ESSENCE 4 & 5 6 . CHANGES 5 7. NOTICE TO PROCEED 5 & 6 8 . BONDS 6 9 . WARRANTIES 6 10 . INDEPENDENT CONTRACTOR 6 11 . LIQUIDATED DAMAGES/DELAYS 7 & 8 12 . DIFFERING SITE CONDITIONS 8 & 9 13 . VARIATIONS IN ESTIMATED QUANTITIES 9 & 10 14 . PROGRESS PAYMENTS 10 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 & 11 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 & 12 19 . WORKERS' COMPENSATION INSURANCE 12 20 . INSURANCE 12 & 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 13 & 14 22 . DEFAULT AND TERMINATION 14 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 14 24 . NON-ASSIGNABILITY 15 25 . CITY EMPLOYEES AND OFFICIALS 15 TABLE OF CONTENTS # TITLE PAGE(S) 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS 15 27. IMMIGRATION 15 28 . NOTICES 16 29 . CAPTIONS 16 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED 16 31. ENTIRETY 17 • AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HAYWARD CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION WORK AT GOTHARD FIRE STATION THIS AGREEMENT is made and entered into on this 27th day of May , 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and Hayward Construction Company, Inc. , a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " described as construction of a pre-engineered metal building in the rear of Gothard Fire Station; more fully described in Exhibit "A" which is attached hereto and incorporated herein by this reference; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans , tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or-.be encountered in the prosecution of work, and for all other risks of any description 1 connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s . ) 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it _ is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY' S standard Plans and Specifications and 2 special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1988 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Purchasing Division of CITY without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of Sixty-Six Thousand Eight Hundred Seventy Five Dollars ($66, 875) , as set forth in the Contract Documents, to be paid as provided for herein. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within the determination of CONTRACTOR and engineers from the day the "Notice to Proceed" is issued by Purchasing Division, excluding delays provided for herein. 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be 4 r• performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the Fire Department ("FD") . CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the FD may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the FD, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the FD. When directed to change the work, CONTRACTOR shall submit immediately to the FD a written cost proposal reflecting the effect of the change. Should the FD not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the FD and the proper cost thereof shall be negotiated by the parties upon cost and pricing data ,.submitte.d by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7 . NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work 5 due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR' S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY' S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for 6 CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250 . 00) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen (15) days from the beginning of 7 any such delay (unless the FD shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the FD in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the FD shall be conclusive on the parties hereto . Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) - Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the FD in writing of : (a) Subsurface or latent physical conditions at the job 8 site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The FD shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing_._a.ccordingly; (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The FD may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities 9 listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the FD shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRESS PAYMENTS Progress payments will be determined upon mutual agreement with successful bidder. The CITY shall retain funds in a sum equal to ten percent (10%) of each such progress payment, and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the FD, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the FD finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by FD, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the FD, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the 10 certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement . 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the FD its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17 . WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR' S 11 employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS ' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder . CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 12 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITYfor all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000,000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each 13 carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR 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 shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this 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. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may 14 elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR 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. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR 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 California Government Code Sections 1090 et seq. 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One-Hundred Dollars ($100) 15 for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR 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 8 U.S.C. §1324a regarding employment verification. 28 . NOTICES Any notices or special instructions required to be given in writing under this Agreement shall given either by personal delivery to CONTRACTOR' S agent (as designated in Section 1 hereinabove) to CITY' s Fire Chief, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows : TO CITY: TO CONTRACTOR: Michael Dolder, Fire Chief Toby Hayward 2000 Main Street Vice President Huntington Beach, CA 92648 1951 So . Murtle Avenue Monrovia, CA 91016 29 . CAPTIONS Captions of the sections 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. 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment 16 of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder . CONTRACTOR understands that pursuant to Huntington Beach City Charter § 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 CONTRACTOR. 31 . ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. HAYWARD CONSTRUCTION CITY OF HUNTINGTON BEACH COMPANY, INC. a municipal corporation of T the Stat of California By: T /S -. �\ - 4. �— (� To11y B. H ywird Ma Its : Vice esident/ r By: William W. Hay and Its : /Presiders ATT 010. . APPROVED AS TO FORM: _ 0(41,;› l,z Le City Clerk ay-Attorney 5-I - z. 1cv R APPROVED: INITIATED AND APPROVED: e,. City Administrator F � ief 17 PURCHASING DEPARTMENT 92-000-0312 QUOTATION NUMBER CITY OF HUNTINGTON BEACH Show this number on OUTSIDE JJ '� 2000 MAIN STREET of your envelope. `Of 9 HUNTINGTON BEACH, CALIFORNIA 9,2648 PEASE QCX TE ON HUNTINGTON BEACH REQUEST FOR QUOTATION THIS FORM Date Mailed February 24, 1992 Bids will be.received until 4:00 P.M. March 12, 1992 at the office of the Purchasing Agent Richard Amadril Purchasing Agent QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUN" tt For the furnishing of all labor, materials, and equipment - necessary to perform to construct a Pre-engineered metal building at 18311 Gothard Street, Huntington beach in accordance with the below described work to be . performed. Each item shall be quoted separately, with a total of all item on this page. No bids will be received unless it is made with this Request for Quotation Form. The quantities, set forth in the specification, are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Fire Chief. All bids will be compared on the basis of the Fire Department estimate of the quantities of work to be done. The City of Huntington Beach, California reserves the right of reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. Quotations are requested for furnishing the items described TERMS: o days in accordance with terms set forth herein. All quotations Sales Tax ° must be F.O.B. delivered. The detailed specifications or brand names or numbers given herein is descriptive and in- dicates quality and style of item required. Offer to supply articles substantially the same as those described herein will Total be considered provided the articles offered are equal in quality, durability, and fitness for the purpose intended. All quotations must be signed. Acceptability of alternates will be determined solely by the City of Huntington Beach. Delivery Address: ADDRESS YOUR REPLY TO: Signature City of Huntington Beach California PURCHASING DEPARTMENT Delivery to be made on or before CITY OF HUNTINGTON BEACH Title 2000 MAIN STREET HUNTINGTON BEACH, CALIF. 92648 Date TEL: (714) 536-5221 Phone or days from receipt of order. THIS IS NOT AN ORDER BID PROPOSAL FROM Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or material man through any bid from any subcontractor or rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or material man which is not processed through said bid depository, or which prevent any subcontractor or material man from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: Item Approximate Item with Unit Price Unit No. Quantity Written in Words Price Total 1 Lump Sum Concrete, Grading & Foundation 2 Lump Sum Special Construction 3 Lump Sum Mechanical 4 Lump Sum Doors/Windows/Hardware 5 Lump Sum Moisture Protection 6 Lump Sum Finishes It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less that those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the propsoal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans specifications, and the contract. Accompanying this propsoal is ($ ). NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as'a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory tot he City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. Signature of Bidder Business Address Place of Residence Date this day of , 19 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information: Additional sheets may be attached if necessary. 1. Firm Name: 2. Address: 3. Telephone: 4. Type of firm—individual, partnership, or corporation: 5. Corporation organized under the laws of the State of: 6. Contractor's License Number: Expiration Date: (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: 8. Number of years experience as a contractor in construction work: 9 List at least six projects completed as of recent date: Contract Class of Date Name, Address & Phone Amount Work Completed Number of Owner 10. List the name of the person who inspected the site of the proposed work for your firm: Date of Inspection: 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half(1/2) of one percent(1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall-not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. Portion State License of Work Subcontractor's Name and Address Number Class By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub-contracts entered into and • bonds furnished by sub-contractor for this project. rl NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID , being first duly sworn, deposes and says: 1. That he or she is of , the party making the foregoing bid; 2. That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3. That the bid is genuine and not collusive or sham; 4. That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding: 5. That the bidder has not in any manner, directly or indirectly, sought by agreement, communications, or conference with anyone to fix the bid price of the bidder or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6. That all statement s contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID , being first duly sworn, deposes and says: 1. That he or she is of , the party making the foregoing bid: 2. That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3. That the bid is genuine and not collusive or sham; 4. That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding; 5. That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6. That all statements contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. Yl ,' STANDARD SPECIFICATIONS Except as hereinafter provided, the provisions of the latest Edition of the "Standard Specifications for Public Works Construction" (Green Book) published by Building News, Inc. 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, adopted by the Joint Cooperative Committee of Souther California district and Associated - Contractors of California; hereinafter referred to as Standard Specifications, are adopted as the "Standard Specifications" for this project and shall be considered as a part of these Special Provisions. Where specified, the specified editions.of "Standard Specifications" and "Standard Plans" of the State of California, Business and Transportation Agency, Department of Transportation, shall apply. If no date of publication is specified, the most recent editions, as of the date of publication of the Notice Inviting Bids for this contract, shall apply. PART 1 GENERAL SPECIAL PROVISIONS The following additions are made to the "Standard Specifications." If there is a conflict between the Standard Specifications and these additions, these additions shall have first precedence. Definitions a. AGENCY The City of Huntington Beach, California also hereinafter called "CITY". b. BOARD The City Council of the City of Huntington Beach, California c. CONTRACT Docments including but not limited to the DOCUMENT proposal forms -1 through p-5, Standard Specifications, General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract Agreement and all addenda setting forth any modifications of the documents. d. ENGINEER The administrating officer of the City of Huntington Beach or his authorized representative. Randy Goodman at 714/536-5476 or Mich Terich at 714/536-5473. e. BIDDER Any individual, co-partnership, association or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representative. f. LEGAL ADDRESS The legal address of the Contractor shall be the OF CONTRACTOR address given on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. g LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract. h. SPECIAL PROVISIONS The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Standard Specifications. The Department of Transportation publications entitled Labor Surcharge and Equipment Rental Rates and General Prevailing Wage Rates are to be considered as a part of the special provisions. i STATE CONTRACT Chapter 3, Part 5, Division 3, Title 2 of the Government Code. The provisions of this act and other applicable laws, forms and constitute a part of the provisions of this contract to the same extent as is set forth herein in full. Award of Contract The city reserves the right to reject any and all Proposals. The award of the contract, if it be awarded, will be to the lowest responsible Bidder whose Proposal complies with all the requirements prescribed by the City. Execution of Contract The contract shall be signed by the successful Bidder within ten (10) working days after award, and be returned together with the contract bonds, to the City Clerk's office. Work shall commence within 10 working days after the contract has been fully executed. No Proposal shall be considered binding upon the City until the contract is executed by the Contractor and the City. The contract time shall start on the date specified in the "Notice to Proceed" issued by the City. Failure to Execute Contract Failure -to execute a contract and file acceptable bonds as provided herein within the time specified for the applicable contract category shall be just cause for the cancellation of the award and the forfeiture of the proposal bid bond. Return of Bid Bond Within ten (10) days after the award of the contract, the City of Huntington Beach will return the bid bonds accompanying the proposals which are not to be considered in making the award. All other bid bonds will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposal they accompany. Guarantee The Contractor, by submission of a bid for this project, expressly agrees to the herein stipulated guarantee of materials, products, workmanship, and installations incorporated into this project. All work performed in accordance with these plans, standard specifications, and special provisions, including, but no limited to, workmanship, installation, fabrications, material and structural, mechanical, or electrical facilities shall be guaranteed for a period of one year, commencing with the filing of the notice of completion and acceptance of the contract by the City, unless specific areas are to be guaranteed longer as provided in Special Provisions. Security of this guarantee shall be furnished to the City and may be included as part of the Faithful Performance Bond. There shall be express wording in the Performance Bond, if such bond includes the guarantee or warranty of the Labor and Materials for one year period, commencing with the filing of the Notice of Completion and acceptance of the contract by the City. The guarantee amount shall be for the full amount of the Performance Bond. Release of the Performance Bond shall not apply to the guarantee or warranty period. It is recommended that the Performance Bond include the guarantee and warranty requirements. The Contractor, by agreeing to this latent defect guarantee, also agrees that within 10 days after notification of a failure or deterioration of a facility or work covered under this contract, he will repair, replace or show reasonable cause as to reason for further delay. Refusal or failure to commence repair or replacement will cause the City to file claim against the bond. Excepted from the guarantee of labor and materials will be defects caused by acts of God, acts of the City, acts of vandals, or by acts of other outside or beyond the control of the Contractor. Plans and Specifications Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California, for his general use. If after award of contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the Standard Specifications, Special Provisions and plans, the Contractor shall request from the Engineer further explanation or interpretation of the contract. The request by the Contractor and the engineer's response shall be in writing. All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer's response shall be in writing. All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his representative of any discrepancies. Removal of Defective and Unauthorized Work All work which is defective in its construction or does not meet all of the requirements of the Plans and/or Specifications shall be remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction. Any work done beyond the limits of the lines and grades shown on the plans or • established by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid. Upon failure on the part of the Contractor to comply forthwith with any order of the Fire Chief made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs and thereof from any monies due or to become due the Contractor. Authority of Board and Inspection The Contractor shall give at least 24 hours advance notice when he or his Subcontractor will start or resume the work. The above notice is to be given during working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hrs/day or more than 40 hrs/week, Saturday, Sunday, or City holidays, he shall arrange with the Engineer for the required inspections service. Any work performed in conflict with said advance notice, without the presence or approval of the Engineer, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor's expense, and shall be removed at Contractor's expense, if so ordered by the Engineer. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment and final acceptance of work shall be corrected immediately without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. All authorized alternation affecting the requirements and information given on the approved specification shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviation from the approved, as may be required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in writing. If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling or decisions is given, file a written protest with the Engineer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractors, in writing of his final decision, which shall be binding on all parties, unless within the ten (10) days thereafter the Contractor shall file with the City Council a formal protest against said decision of the Engineer. the City Council shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. Final Inspection Whenever the work provided for the contemplated by the contract shall have been satisfactorily completed and the final cleaning performed, the Engineer and Building Division will make the final inspection. Test of Materials All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the Standard Specifications. No materials shall be used until they have been approved by the Engineer. The Contractor shall, at his expense, furnish the City, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the City shall not be incorporated in the work, unless the Engineer shall have notified the Contractor, in writing, that such testing and inspection will not be required. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Construction Schedule and Commencement of Work Prior to the start of work, arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor shall submit for approval by the Engineer a complete schedule showing the number of working days required to complete the project. The contract time shall commence on the date shown on the "Notice to Proceed", which will be issued by the City. Progress Schedule When, in the judgment of the City, it becomes necessary to accelerate the work, the contractor, when ordered, shall cease work at any particular point and concentrate his forces at such other point or points as directed; and execute such portions of his work as may be required to enable others to hasten and properly engage and carry on their work. Acceptance Should it become necessary, due to developed conditions, to occupy any portion of the work before contract is fully completed, such occupancy shall not constitute acceptance. Public Liability and Property Damage Insurance The Contractor shall furnish to the City and maintain during the life of the contract a public liability insurance policy in which the City is named as an additional insured. The Contractor shall also hold harmless the City, its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed. The policy shall provide for not less than the following amounts: Damage Including Products Liability: $1,000,000 combined single limit per occurrence. Note: 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. Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters together with such endorsements as are required to cover the risks involved. The Contractor shall arrange for the policies to be so conditioned as to cover the performance of "Extra Work", should such work become necessary. Prior to the commencement of work under the contract, evidence of insurance shall be furnished on a standard Acord form as provided by the Insurance Industry. In addition, the Contractor shall furnish evidence of a commitment by the insurance company to notify the City of the expiration or cancellation of any of the insurance policies required hereunder not less than 30 days before any change in coverage, expiration or cancellation is effective. The Contractor shall also show proof of Workers' Compensation and Employers' Liability coverage meeting the City's required limits of not less than$100,000 bodily injury by accident, each accident: $250,000 bodily injury by disease, policy limit, and $100,000 bodily injury by disease, each employee. Permits. Licenses and Authorizations Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. In the event that the agency has obtained permits, licenses or other authorizations applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. The Contractor shall obtain from the State of California, the Industrial Safety Permit required for the various construction items. NOTE: No charges for any City Buidling Permits. The Contractor's Representative Contractor shall also file with the Engineer, the address and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress. Instructions and information given by the Engineer to the Contractor's authorized representative in person, at the address or telephone numbers filed in accordance with this section shall be considered as having been given the Contractor. Superintendence Whenever the Contractor is not present on any part of the work where the City desires to give direction, orders will be given by the Fire Chief in writing, and shall be received and obeyed by the Contractor's superintendent or foreman in charge of the particular work in reference to which orders are given. Cleanup and Dust Control • All surplus materials shall be removed from the site immediately after completion of the work causing the surplus materials. Unless the construction dictates otherwise, and unless otherwise approved by the Engineer, the Contractor shall furnish and operate a self—loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration is incomplete. Use of City Water System Construction water meters are required on all projects within the City. The Water Division will furnish and set the meter with eddy valve. The deposit for the water meter is $700.00. The service charge to set the equipment and for each time the equipment is moved to a new location is $25.00. Payment must be in cash, cashier's check or money order. Noise Control If the construction site is located adjacent to a residential area, the Contractor shall take all necessary steps to limit the amount of noise emitting from construction equipment used. In addition, working hours shall be restricted to between the hours of 7:00 AM to 6:00 PM. Applicable sections of said permit are reproduced and are available for your inspection at the Department of Public Works. Barricades All barricading shall comply with the provisions of the current State of'California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. Registration of Contractor Prior to the award of contract, the Contractor shall be licensed in accordance with the provisions of Article 1 to 9 inclusive of Chapter 9, Division 3 of the Business and Progressions Code of the State of California and Amendments thereof, providing for the registration of Contractors, and defining the term Contractor; providing a method of obtaining licenses to engage in the business of contracting and fixing the fees for such licenses; and prescribing the punishment for violation of provisions thereof, as amended. • Payment General Payment for the furnishing of all labor, materials and equipment necessary to perform all work indicated on the plans and described in these specification and Special Provisions shall be included in the contract unit prices bid for the items listed on the Proposal, and no additional compensation will be allowed. Compensation for items of work shown or described, but not listed on the proposal, will be considered to be included in the prices bid for listed items. Non listed items to be included int he unit prices bid for various items listed on the proposal consist of, but are not limited to, the following: 1. Watering and dewatering 2. Backfill, compaction and disposal of surplus material. 3. Maintaining public utility facilities 4. Miscellaneous removals. 5. Trench resurfacing 6. General finishing and clean—up 7. Barricading, traffic control, and temporary striping. 8. Restoring private property improvements. 9. Potholing utilities Progress Payment Payment will be determined upon a mutual agreement with successful Bidder. The City shall retain money in the amount of ten percent (10%) of the progress payment unless approval of Engineer for greater percent of such estimated value of the work done is obtained. Payment Upon Completion The City shall monthly pay to the contractor while performing the work, the progress payment balance, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No estimate or payment shall be required to be made when in the judgement of the Engineer, the work is not proceeding in accordance with the provisions of the contractor when in his judgment the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). At the request and expense of the contractor, substitution of securities for any monies withheld by the City to insure performance under the contract shall be permitted inaccordance with provisions of the California Government Code, Section 4590. Final Payment The Engineer shall, after completion of the contract, make a final estimate of the amount of work done thereunder and the value of such work, and the City of Huntington Beach shall pay the entire sum found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimates and payment. The final payment shall not be due and payable until after the expiration of thirty—five (35) days from the date of recording a Notice of Completion Contract. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract, except the final certificate of final payment, shall be evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or unacceptable materials. Proposal Requirements Examination of Plans. Standard Specifications. Special.Provisions and Site of Work The bidder shall examine carefully the site of the work contemplated and the proposal, specifications and contract from therefore. It will be assumed that the bidder has investigated and is satisfied as tot he general and local conditions to be encountered; as to the character, quality and quantities of the work to be performed and materials to be furnished; as to the character of equipment and facilities needed preliminary to and during the prosecution of the Work; and as to the requirements of these specifications. It is mutually agreed that submission of a proposal shall be considered prima facie - evidence that the bidder has made such examination. No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained. Proposal Form All bids shall be presented under sealed cover and shall be accompanied by cash, a cashier's check, certified check, or bidder's bond made payable to the City of Huntington Beach, for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid will be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. Withdrawal of Proposals Any bid may be withdrawn at any time prior to the hour fixed in the notice To Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or his duly authorized representative, for the withdrawal of such bid, is filed with the City Clerk. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. Public Opening of Proposals Proposals will be opened and read publicly at the time and place indicated in the Notice To Contractors. Bidders or their authorized agents are invited to be present. • Rejection of Proposals Containing Alterations. Erasures or Irregularities Proposals may be rejected if they show an alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. Any mistakes and their subsequent corrections shall be initialed by the Bidder. The right is reserved to reject any or all Proposals. Disqualification of Bidders More than one proposal from an individual, a firm, a partnership, a corporation, or an association under the same or different names will not be considered. Reasonable ground•for believing that any Bidder is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such bidder is interested. If there is reason for believing that collusion exists among any or all bidders, any or all Proposals may be rejected. Proposals in which he prices obviously are unbalanced may be rejected. Performance Bond Upon signing the contract, the proposer shall be required to provide the City with a satisfactory performance bond in the amount equal to the final agreed upon price for the system. If the award proposer fails or refuses to commit to a contract with 10 days of notification of award or does not furnish the require performance bond, the award will be withdrawn and the Proposer shall be eliminated from further consideration. GENERAL Design Criteria: Pre-engineered metal building shall conform to UBC 1988, wind load of 70 MPH, 20#live load, importance factor 1, exposure factor B, seismic zone 4, and 0# collateral load. Endwalls shall be non-expandable. Location: 18311 Gothard Street, Huntington Bch Bay spacing: One (1) 20'-0" and one (1) 25'-0" bay. Design Drawings: Provide all drawings and engineering required for plan check submittal. Permits/Fees: Contractor will be required to pull permits but fees will be waived. Bolt inspection: High strength A-325 bolt inspection included in Contractor's bid. ITEM 1: CONCRETE, GRADING, FOUNDATION Design concrete footings to support pre-engineered metal building using soils report by Robert Stone & Associates, dated February 22, 1970, which establishes a soil bearing pressure of 1800 lb/sq. ft. Footings to have reinforcing steel and #5 hair pins at each rigid frame column. Slab to be 6" 2000 psi concrete with#3 rebar 24" o.c. each way. Building slab shall have a thickened edge around perimeter. Interior finish floor to have a smooth trowel finish with a clear sealer. Long lasting protective surface. • ITEM 2: SPECIAL CONSTRUCTION ' ' Pre-engineered Metal Building Provide and install One (1) 45'-0" x 55'-0" x 14'-0" plate height metal building with a 1/2" in 12" double roof slope. The building shall have the following features. I. Roof system shall be 14ga Aluminum-zinc coated standing seam panels with 90 mph uplift. 2. R-19 white vinyl-faced insulation in roof. 3. Six (6) 2'-0" x 10'-0" seamed in skylites. 4. Three (3) power roof exhausters capable of providing one (1) complete air exchange every nine (9) minutes. 5. Exterior panel on East, North, and West elevations shall be stucco embossed Texture Cote Stylwall II 26ga Flatt panels or approved equal. 6. R-11 white vinyl-faced insulation in walls. 7. Four (4) 3'-0"x 2'-0" steel wall louvers. 8. Two (2) 3'x7' deluxe hollow metal personnel doors with vision lites and handicap cylinder lock keyed to owner's master. Door to be factory prime painted. 9. Two (2) 15'-0"x 12'-0" sectional doors with one (1) section of smoke grey glass lites. Door to be factory prime painted and have power operators. Door type to be 24ga Windsor, Kawneer, or equal to. Remote opener to have two locations within the building and a red stop button at each location. 10. Four (4) 2'-8"x 10'-0"bronze anodized aluminum windows with smoke grey glass with no distortions and all work and materials per building and city codes. 11. Fascia system with 1'-3" overhang, soffit panels, and 4' vertical dimension. Fascia system to be on North, East, and West elevations only. Fascia panel shall be 24ga Stylwall II fluted panel painted Classic Bronze or equal. 12. 26ga painted galvanized steel gutter and two downspouts. 13. Endwall counter flashing at fascia system and standard gable trim at property line. ITEM 3: MECHANICAL Provide and install three (3) power roof exhausters and curbs capable of providing one (1) complete air exchange every 9 minutes. Exhauster type to be Cook-180V5B or equal to. ITEM 4: DOORS/WINDOWS/HARDWARE Provide standard pre-engineered metal building manufacture's deluxe door and frame package with a minimun 18ga door panel and 16ga frame. Doors shall have vision lites with wire glass. Door hardware shall be handicap lever cylinder locks with keying to match owner's master. Sectional doors shall be 15' -0" x 12'-0" with 24ga panels. Doors to have power operators and 1 section of glass lites with smoke grey glass. Finish shall be . manufacture's factory applied prime paint. Aluminum windows shall be bronze anodized with smoke grey glass and shall conform to all building code requirements. The window dimensions shall be 2'-8"x 10'-0" and shall be 2'-0" off the finish floor. ITEM 5: MOISTURE PROTECTION Provide R-19 vinyl faced roof insulation and R-11 vinyl faced wall insulation. ITEM 6: FINISHES Design and install one (1) hour steel stud and drywall endwall on South property line. Wall to be skid erected because of proximity to property line. Sheet exterior of this one hour wall with 26ga painted corrugated metal panel before wall is erected into place. Provide framing system and 5/8" drywall liner panel full height at building perimeter. Provide all interior trims at doors and windows. Allow adequate time for city contractor to install electrical material before drywall is installed. Drywall is to be taped and finished and left ready for paint. All other finished are not part of this contract. If you have any questions, please call Randy Goodman at 714/536-5476 or Mich Terich at 714/536-5473. Liquidated Damages The contractor and the city agree the city will suffer irreparable damages in the amount of $250.00 per day if construction is not completed by . The contractor thereby agrees to undertake the construction of the Pre-engineered building to be completed by . In the event construction is not completed by that date, the contractor agrees to reimburse and pay to the city the sum of $250.00 per day for each work day beyond until construction is completed as liquated damages suffered by the city because of the contractor's failure to meet this completion date. 0678v AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR GOTHARD FIRE STATION SAMPLE COPY TABLE OF CONTENTS It TITLE PAGE(S) 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 & 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND 2 & 3 SPECIFICATIONS 3 . COMPENSATION 4 4 . COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 & 5 6 . CHANGES 5 7. NOTICE TO PROCEED 5 & 6 8 . BONDS 6 9 . WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIOUIDATED DAMAGES/DELAYS 7 & 8 12. DIFFERING SITE CONDITIONS 8 & 9 13 . VARIATIONS IN ESTIMATED OUANTITIES 9 & 10 14 . PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 & 11 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION. DEFENSE. HOLD HARMLESS 11 & 12 19 . WORKERS' COMPENSATION INSURANCE 12 20 . INSURANCE 12 & 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 13 & 14 22 . DEFAULT AND TERMINATION 14 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 14 24 . NON-ASSIGNABILITY 15 25 . CITY EMPLOYEES AND OFFICIALS 15 SAMPT.F rnnv TABLE OF CONTENTS # TITLE PAGE(S) 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS 15 27. IMMIGRATION 15 28 . NOTICES 16 29 . CAPTIONS 16 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED 16 31. ENTIRETY 17 SAMPLE COPY AGREEMENT BETWEENT THE CITY OF HUNTINGTON BEACH AND FOR GOTHARD FIRE STATION THIS AGREEMENT is made and entered into on this day of , 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " - and , hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " described as ; more fully described in Exhibit "A" which is attached hereto and incorporated herein by this reference; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description SAMPLE COPY 1 connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s. ) 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY' S standard Plans and Specifications and SAMPLE COPY 2 special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1988 edition of Standard Specifications for Public Works Construction, published by Builder' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General. Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Purchasing Division of CITY without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. SAMPLE COPY 3 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of , as set forth in the Contract Documents, to be paid as provided for herein. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within the determination of CONTRACTOR and engineers from the day the "Notice to Proceed" is issued by Purchasing Division, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary' and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be SAMPLE COPY 4 performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the Fire Department ("FD") . CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the FD may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the FD, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the FD. When directed to change the work, CONTRACTOR shall submit immediately to the FD a written cost proposal reflecting the effect of the change. Should the FD not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the FD and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY willpromptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work SAMPLE COPY 5 due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR'S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, and one in the amount of fifty percent. (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for 6 SAMPLE COPY CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIOUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of. Two Hundred Fifty Dollars ($250 . 00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen (15) days from the beginning of SAMPLE COPY 7 any such delay (unless the FD shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the FD in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the FD shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting, for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the FD in writing of : (a) Subsurface or latent physical conditions at the job SAMPLE COPY 8 site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The FD shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 . VARIATIONS IN ESTIMATED OUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The FD may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities 9 SAMPLE COPY listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the FD shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14 . PROGRESS PAYMENTS Progress payments will be determined upon mutual agreement with successful bidder. The CITY shall retain funds in a sum equal to ten percent (10%) of each such progress payment, and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the FD, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the FD finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by FD, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the FD, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the SAMPLE COPY 10 certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the FD its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR' S SAMPLE COPY 11 employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. MITE COPY 12 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITYfor all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each 13 SAMPLE COPY carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR 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 shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this 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. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies,' naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may SAMPLE COPY 14 elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of. this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR 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. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR 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 California Government Code Sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One-Hundred Dollars ($100) SAMPLE COPY 15 for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR 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 8 U.S.C. §1324a regarding employment verification.. 28 . NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 hereinabove) to CITY' s Fire Chief, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO CONTRACTOR: Michael Dolder, Fire Chief 2000 Main Street Huntington Beach, CA 92648 29 . CAPTIONS Captions of the sections 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. 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment 16 of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 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 CONTRACTOR. 31. ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By: Mayor Its : By: Its: ATTEST: APPROVED AS TO FORM: (J.P ), (Arc-& V N z-'> City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Deputy City Administrator SAMPLE COPY 17 PURCHASING DEPARTMENT 92-000-0312 QUOTATION NUMBER CITY OF HUNTINGTON BEACH Show this number on OUTSIDE 2000 MAIN STREET of your envelope. HUNTINGTON BEACH. CALIFORNIA 9.2648 PLEASE QUOTE c HUNTINGTON BEACH REQUEST FOR QUOTATION THIS FORM Hayward Construction Date Mailed . February 24, 1992 • 1951 So. Murtle Ave Bids will be.received until Monrovia, CA 91016 Attn: Gle i 4:00 P.M. March 12, 1992 at the office of the Purchasing Agent Richard Amadril Purchasing Agent QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT • For the furnishing of all labor, materials, and equipment necessary to perform to construct a Pre-engineered metal building at 18311 Gothard Street, Huntington beach in accordance with the below described work to be performed. Each item shall be quoted separately, with a total of all item on this page. $66,875 $66,875 No bids will be received unless it is made with this Request for Quotation Form. The quantities, set forth in the specification, are approximate only, being given as-a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Fire Chief. All bids will be compared on the basis of the Fire Department estimate of the quantities of work to be done. The City of Huntington Beach, California reserves the right of reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. Quotations are requested for furnishing the items described Inc.TERMS: in accordance with terms set forth herein. All quotations Sales Tax 9'o days must be F.O.B. delivered. The detailed specifications or brand•names or numbers given herein is descriptive and in- dicates quality and style of item required. Offer to supply $66,875 articles substantially the same as those described herein will Total be considered provided the articles offered are equal in quality, durability, and fitness for the purpose intended. All quotations must be signed. Acceptability of alternates will be determined solely by the City of Huntington Beach. Delivery Address: ADDRESS YOUR REPLY TO: Signature City of Huntington Beach To y B. ayward California PURCHASING DEPARTMENT • Delivery to be made on or before CITY OF HUNTINGTON BEACH Title Vice President 2000 MAIN STREET • HUNTINGTON BEACH. CALIF. 92648 Date March 12, 1992 TEL: (714)536-5221 (818) 303-5570 or days from receipt of order. Phone TI-tt� iC ntnT AN ORDER MA PURCHASING DEPARTMENT 92-000-0312A • QUOTATION NUMBER CITY OF HUNTINGTON BEACH Show this number on OUTSIDE 2000 MAIN STREET of your envelope. [64, HUNTINGTON BEACH, CALIFORNIA 9,2648 PLEASE QUOTE C HUNTINGTON BEACH REQUEST FOR O U OTAT I O N THIS FORM . Hayward Construction Date Mailed February 27, 1992 1951 So. Hurtle Ave Bids will be.received until Monrovia CA 91016 Attn: Glen 4:00 P.M. March 12, 1992 at the office of the Purchasing Agent Richard Amadril; Purchasing Agent ?UANTITY UNIT DESCRIPTION UNIT PRICE AMOUN This is an addendum tothe above Quotation on "Pre- engineered metal building at: 18311 Gothard St. Please make note of the following change which should read: ITEM 2: SPECIAL CONSTRUCTION 1. Roof system shall be 24 ga Aluminum - zinc coated standing seam panels with 90 mph uplift. NOTE: THE REST OF THE QUOTATION REMAINS THE SAME. • Quotations are requested for furnishing the items described TERMS: % days in accordance with terms set forth herein. All quotations Sales Tax must be F.O.B. delivered. The detailed specifications or brand names or numbers given herein is descriptive and in- dicates quality and style of item required. Offer to supply articles substantially the same as those described herein will Total be considered provided the articles offered are equal in quality, durability, and fitness for the purpose intended. All quotations must be signed. Acceptability of alternates will be determined solely by the City of Huntington Beach. Delivery Address: ADDRESS YOUR REPLY TO: Signature City of Huntington Beach California PURCHASING DEPARTMENT Delivery to be made on or before CITY OF HUNTINGTON BEACH Title 2000 MAIN STREET HUNTINGTON BEACH. CALIF. 92643 Date TEL: (71 41 5 36-5 221 or_ days from receipt of order. Phone TV IC IC ►.1 el.1" rI Al r rlCo • BID PROPOSAL FROM Hayward Construction Company, rnr. Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the Quotation Number 92-000-0312 for the furnishing of all labor, materials, and equipment necessary to perform to construct a Pre-engineered metal building at 18311 Gothard Street, Huntington Beach in accordance with the below described work to be performed. I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or material man through any bid from any subcontractor or rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or material man which is not processed through said bid depository, or which prevent any subcontractor or material man from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California,I propose and agree to take full payment therefore at the following unit prices, to wit: Item Approximate Item with Unit Price Unit No. Quantity Written in Words Price Total 1 Lump Sum Concrete, Grading & Foundation 9,900 9,900 2 Lump Sum Special Construction 31,975 31,975 3 Lump Sum Mechanical 5,000 5,000 4 Lump Sum Doors/Windows/Hardware 7,500 7,500 5 Lump Sum Moisture Protection 2,800 2,800 6 Lump Sum Finishes 9,700 9,700 TOTAL 66,875 66,875 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less that those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the propsoal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans specifications, and the contract. 10% Of Amount Accompanying this propsoal is Bi_ddPr'c Rnn(-7 ($ Bid ). NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory tot he City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 372533 Hayward Construction Company, Inc. ir4e - Si a re of Bidder Toby B. Hayward, Vice President Business Address 1951 S. Myrtle Ave. , Monrovia, CA 91016 Place of Residence 570 Evergreen Dr. , Pasadena, CA 91105 Date this 1 2th day of March , 19 92 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature Toby B. Hayward 1 March 2, 1992 ""�\ Vice President PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information: Additional sheets may be attached if necessary. 1. Firm Name: Hayward Construction Company, Inc. 1951 S. Myrtle Ave. 2. Address: Monrovia, CA 91016 3. Telephone: (818) 303-5570 4. Type of firm-individual, partnership, or corporation: Corporation 5. Corporation organized under the laws of the State of: Cali fern; 6. Contractor's License Number: 372533 Expiration Date: 4/30/93 (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: William W. Hauward. President and Traasvr,r Tobq B. Hauward, Vice President and HecrPtary S. Number of years experience as a contractor in construction work: 14 gears 9 List at least six projects completed as of recent date: Contract Class of Date Name, Address & Phone Amount Work Completed Number of Owner Please See Attached. 10. List the name of the person who inspected the site of the proposed work for your firm: Toby B. Hayward Date of Inspection: March 5, 1992 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. • DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half(1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. Portion State License of Work Subcontractor's Name and Address Number Class Overhead Coast Door Co., Inc. 338307 C-61 Doors 118321 Alondra Blvd. Norwalk, CA 90650 By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in " the above subcontractor listing. _ 2. That the City will be furnished copies of all sub-contracts entered into and bonds furnished by sub-contractor for this project. . . . . . (---- ---- HAYWARD CONSTRUCTION CO. EXHIBIT A NAME OF OWNER OF CONTRACT YEAR PROJECT PROJECT AMOUNT COMPLETED Building 299, Phase II Jet Propulsion Laboratory $282,228.00 1987 King Hall Elevator California State University 363,792.00 1987 P.E. Bldg. Elevator California State University 154,500.00 1987 Hollywood Bowl Los Angeles Philharmonic Seat Replacement Association 225,000.00 1987 Long Beach Courthouse Parking Structure County of Los Angeles 179,543.00 1987 Re-roof Project Victor Valley College 104,928.00 1987 Police Facitity Remodel City of Glendale 202,546.00 1988 Building 149 Jet Propulsion Laboratory 658,500.00 1988 Judge Nelson Chambers General Services Admin. 90,799.00 1988" ' Hollywood Bowl Los Angeles Philharmonic Seat Replacement Association 232,000.00 1988 Criminal Courts County of Los Angeles 1,743,158.00 1988 Earthquake Repairs First Church of Nazarene 55,985.00 1988 Judge Keller Chambers General Services Admin. 111,236.00 1988 Phase III-B Construction Except. Children's Found. 78,050.00 1988 City Hall Finial Repair City of Pasadena 52,689.00 1988 Re-roofing Project Victor Valley College 117,274.00 1988 King Hall Dance Studio California State University 195,845.00 1989 KTLA Studio KTLA Studios 260,828.00 1989 Student Services California State University 143,801.00 1989 Vitamin Modification ICI Pharmaceuticals 439,545.00 1989 Administration Bldg. City of Duarte 196,559.00 1989 Salazar Hall Annex California State University 210,155.00 1989 Northview Jr. High City of Duarte 160,719.00 1989 Hollywood Bowl Los Angeles Philharmonic Ticket Booths, Etc. Association 77,504.00 1989 North Lab Parking II Jet Propulsion Laboratory 440,188.00 1990 North Lab Parking III Jet Propulsion Laboratory 470,223.00 1990 Hollywood Bowl Los Angeles Philharmonic North Entrance, Etc. Association 67,213.00 1990 Kewen Reservoir City of Alhambra 1,765,373.00 1990 Seismic Strengthening Las Tunas Townhomes 147,925.00 1990 Roosevelt Park Pool County of Los Angeles 699,539.00 1990 Leland School Los Angeles Unified 740,084.00 1990 Rowan School. Los Angeles Unified 1,073,616.00 1990 Civic Auditorium City of Duarte 391,368.00 1991 Handicap Facilities Jet Propulsion Laboratory 470,320.00 1991 Cheremoya School Los Angeles Unified 191,259.00 1991 Walden School Walden School 124,174.34 1991 Motor Freight Terminal Consolidated Freightways 6,521,941.00 1992 • 1951 South Myrtle Avenue • Monrovia.California 91016 • License No. 372533 • • DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessit" and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. portion State License of Work Subcontractor's Name and Address Number Class ove'head :Coast Door Co., Inc. 338307 De-s 11832z Al ondra Blvd. C-61 Norwalk, CA 90650 rf 3£si3ii= ; ubmission of this proposal, the contractor certifies: That he is able to and will perform the balance of all work which is covered in Ile above subcontractor listing. zt the City will be furnished copies of all sub-contracts entered into and is furnished by sub-contractor for this project. . NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Toby B. Hayward , being first duly sworn, deposes and says: 1. That he or she is Vice President of Hayward Construction , the party making the foregoing bid; Company, Inc. 2. That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3. That the bid is genuine and not collusive or sham; 4. That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding: 5. That the bidder has not in any manner, directly or indirectly, sought by agreement, communications, or conference with anyone to fix the bid price of the bidder or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6. That all statement s contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. A ; ...--.-1( Toby . Hay, ar•, Vice President ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. STATE OF CALIFORNIA, ) 1 COUNTY OF Los Angeles } Ss. ` ii ON March 12, 19_92� before me, the undersigned, a Notary Public in and for the said State, personally appeared Toby B. Hayward , known to me to be the Vice President,a1k#�xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx , ftfryffe �. OFFICIAL SEAL I'; to:l ecxxxxxxxxxxx gr FCIM K ARANDA of Hayward Construction �l a NOTARY PUBLIC-CALIFORNIACompany, Inc. '' �:R,: the Corporation that executed the within Instrument, known to me to be the persons who � �-�-• PRINCIPAL OFFICE IN � .r" %' on`- my CommissionOS GELES Exp'e May COUNTY1, 1993 to executed me that suchhlCorporation tex behalf within oInstrumentoration epursuant u s aanteto and by-laws edged ' orr a �..1..�• �,�> r .,..,.,,.t / f :$ resolution of its board of directors. WITNESS,my hand and official seal. e-,..LTh 0/, at_a„LIOD ' ACIINOWIELGMEH(—Cory.—rrea.&Sot.—Wmcotts Form II6--Rev.3-84 Notary Public in and for said State. S PREMIUM-NIL Bond No. 6149825 GZEAT A[ ERlC N INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that we, HAYWARD CONSTRUCTION COMPANY, INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, CITY OF HUNTINGTON BEACH as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID DOLLARS ($ 10% ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED,sealed,and dated this 5TH day of MARCH 19 92 WHEREAS,the said principal IS herewith submitting A proposal for PRE-ENGINEERED METAL BUILDING NO. 92-000-0312 NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within SIXTY ( 60 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this State of CALIFORNIA On MARCH 5, 1992 , before me, the undersigned, I ss. a Notary Public of said county and state, personally appeared ' County of ORANGE DAVID L. CULBERTSON , personally known to me to be the Attorney-in-Fact of GREAT AMERICAN INSURANCE COMPANY , {! OFFICIAL SAL ► the Corporation that executed the within instrument, and known `� f': DIANA LASKOWSKI .rto me to be the person who executed the said instrument on - Notary Public-Caflfornia -'a• ORANGE COUNiY ► behalf of the Corporation therein named, and acknowledged to 4 Tj„'. My Commission Expires ; me that such Corporation executed the same. , `',..0'' September 8, 1993 , NOTARY PUBLIC MAY 11 '92 02:SSFN WILLIS CORROON OF ORANGE COUNTY F'. ni ,r..:� �i r:� Q k: ,;L�:'�#y ' ,n e: w�rR�'rn+Gt3': v '3 $�.' $x ±`Y'w u3i�%T"� " ",{ � : tr :Ts-7 ,4, `./: `•.... ., aI r . :�� . � . M.. su; .�, f3 . c.LrP'dk r "_ <ob.<4 � %i S' £:fsy:,; ; ISSUE DATE .4MDOM ...e" ., � € ; ' � :'.4. iIVri S : !{ k i — -t..-.- v . s•' •uaA : �oG: c ' a �r . r� .. ::.. , < s ? rsrn OS/11/92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND -� rI <<7 •, ONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Willis Corroon (,•.:) ., ' 9 '' ES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1800 E. 16th St. 2 & I' LILIES BELOW. Santa Ana, CA 92701 COMPANIES AFFORDING COVERAGE COMPANY A 'transcontinental/CNA LETTER PKS — — iNs aEn - - LLEETTEANY B Continental Casualty Co/CNA HAYWARD CONSTRUCTION C.O.INC. Lo to OOMPANY C Valley Forge/CNA 1951 So 11,1vrtle Ave. _________.-----.- .- ... .__.-..____ . ----_-__-- -----_ --- Monrovia, CA 91016 jPANY D COMPANY E LETTER E -.. '44 , tv.^Ziy; 1>?::WON'40 qCyr �s"�e''� :o:r .::"''.' ? ':,:%"a sgr.fi3 r'ICirY.%'i:';::e: N ..rq Y .2<:'''-:945!v'r.%' y^'iia!J.'r4�I, Yr sv y. THIS IS TC CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATLD, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS =_:i;f{TIFILAATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TC ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMffS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS co TYPE OF INSURANCE I POLICY NUMeEA POUGY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM/DDIYY) DATE(MM/DONY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO. S 1,000,000 A j CLAIMS MADE x OCCUR. C1_3443828 04/30/92 04/30/93 POSONAL A ADV.INJURY $ 1,000,000 — \ ' .,r,4. I c a C:NYRACTOR'S PROTj LACH OCCUR RLNCE $ 1,000,000 'l ref SouaI 11 UI' FIRE DAMAGE Any one fire) $ 50,000 MED EXPENSE(Arty one won).$ 5,000 I ..:1CAMOBI E UAIIIIUTY COMBINED SINGLE .7 AN^ AUTO I I j LIMIT $ 1,04 '', I, 5,_E OWNED AUTOS BODILY INJURY $ CkFtJJLED AUTOS BUA0449452 04/30/92 04/30/93 (Pero°'°°") . -BRED AUTOS BODILY INJURY $ k NON•OWNEO AUTOS APPROVED AS TO FbRM:I (Per accident) —I GARAGE LIABILITY GAIL HUTTON, C1-y Attorney PROPERTY DAMAGE $ - By Dep it C1_ty�Attorney_ , J 'WICEss LIAIRUTY � / TEACH OCCURRENCE $ I + „�I/ AGGREGATE $ _— OTHER THAN UMBRELLA FORM // :.''. >:'`^'^ #Q ? fu`siv3i ';` 1 _.. // :...'.I'..;ATU1'ORY LIMITS `: gi>< WORKER'S COMPENSATION EAC.k ACCIDENT $ 100,000 CI ,AND I' I- .'S s a 05/01/92 t)S;(►1193 . __N -..___— LINEA%- POI ICY LIMIT $ 500,000 EMPLOYERS' LIABILITY DI9E a9c EACH EMPLOYEE $ 100,000 1 OTHER I� I DESCRIRnON OF UPERATK)N8/LOCATIONSNEMICLES'SPECIAL ITEMS City of Huntington Beach is additional insured per endorsement GL474 attached with respects to work performed for them by Hayward Construction Co.under Policy#Gt.3443828 JOB: Pre-Engineered Metal Building at r.s i4 4'&,•rr:,c:�i a,r!,r �7'y �`�� Y �... -r{vr Y yw.X::: :)'Jft` 3J r.lf•, .f. l T,A . ! M T-:M.: `'� art':42 'afiS(i Y -FrsY 4 : Ft��ii�,,�•titl�sl�"""� �s�r��z•:�.�;,�, � .gi ��;..,...., ... _:. .. .. .W.Y� .. . ���.r• h �. . .. 's SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE THE • City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL Austiotesoact. A.ttn:Purchasing Dept. :. MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 Main Street .M Huntington Beach, Ca.92648 ',, _ . AUTHORIZED R R E TIVE .3A:i ' . .... .w. ., .• ,,,.: ...,.:..........:.:. ...r �:¢:MCa:, r3ri- .fr" fi:�;k3' H.:33' � ��:fir,3L-3�$'g�r.r% xs i .rg u .6„r3'•'"„ f�` ;�;;%;'i .r�r �.a �;� . r,,,,33cc.. o N'%. Nr YY �y{y� }�{� �•}�{ y . � 1 i i � •fS. i ,fS �.r{, BAY r..�� iv"y>rx ' ?,?t.i �<"�:�Y3�" 's#.i� f� �i-YW.4L '�1SsC�i� •� :. �: �'S:S� y.x4s,.':'';.:.sxs�,sr..g��.t:icEa�rrs..:3.rJf.�4it,a�rr:,s.si3'a sYr, ,3 p.!{