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HomeMy WebLinkAboutSPEC BUILDERS - 1990-06-04 `-1 I have received Maintenance Bond for Spec Builders REconstruction of Jt. Powers Burn Room - 44 on behalf of the Treasurer's Office. Dated // The Insco/Dico Group DI00 MAINTENANCE BOND BOND NO: 204255P PREMIliM: S Nil CNCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we, MICHAEL KELIILIKI DBA: SPEC BUILDERS , as Principal, and INDEMNITY- COMPANY OF CALIFORNIA, a corporation or;anized and doing business under and by virtue of the laws of the State of California and duly licensed to corpcht£raAw4v business in the State of California,as Surety, are 'held and firmly bound unto `4'`` =-3 TO I'OR M.' -CITY OF HUNTINGTON BEACH a� or*12� as Obligee, in the sum of NINET`! THOUSAND AND N0/100 15 90,000.00 1 Dollars, for which payment, well and truly to be made. we bind out-selves. our heirs, executors and successors. jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: BID 4/24/90 FIRE TRAINING TOWER & BURN ROOM REMODEL WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; !d NOW THEREFORE, if the above Principal shall indemnif}.the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements b_v Obligee,then this obligation shall be void.otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized attorney-in-Fact i this 26th day of August i9 91 INDEMNITY COMPANY OF CALIFORNIA MICHAEL KELIILIKI DBA SPEC BUILDERS M. Sosky -- :,I•�,n? :,"F:,�, 3:1:3 Wikhlre AvL Anaheim, CA 92 01 Qom\ FQ(,�H>iyk, n,Q,HMI•:\ +i�•�Q��Qryy�,� + �+n� �� +n �+� Q �+��Q POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA N2 068092 '! AND DEVELOPERS INSURANCE COMPANY P 0 BOX 19725. IRVINE. CA 92713 • '7141 263-3300 N071Cc :II ;._' r An, •-r'e•m.nate on"e 31sl 4&;-)r March •99, 2 ..r.:s?owe,C!Ar_=93V is v,+id o.u:ergc :r of acy cor.Ion S-trasP.d 3 71_ue oowe•01 ACornev'S+o '.mess:".e seal-s'eatable ,r.e:ex! s in browr.ink_the signatures are in.blue:r:artl!n,5 ce-s r.':•C G T-es Mowr•CI At!ornev Snculd rot be r^l;;rned!0 the AtlorneytSl•In•Pact_ but Should'emaln a per'nanent na-: ]''re i-ecvr s KNOW ALL MEN By THESE PRESENTS. that.a=teat as expressly limited.INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally.but not jointly-hereby make constitute and appoint '"DAVID L. MILLER, M. SOSKY, K. BECKNELL, LIANNE M. PAYSON, JOINTLY OR SEVERALLY'" the true and lawful Attorrey'Is1.•n.Facl !o mate_exec•,;te deliver and acknowl_ege.for and on oenalf of each of said corporations as sureceS bonds uncertak..•lgs and contram e: st.retyship in an amount not exceeding One M Mon F:ve Hundreo 'nousand Dollars fS1.500,000j In any single unee'taking,giving and granting :into said Ar.Or1eY1s1-.n.FaC1!u❑ power and aulnorlty to do and'o perform everi act reCesS3 y-'e.cisite or oroper 10 tie done In Connec!:on!herewith as each.of said corooranonS could do.Out reserving 10 eac^of said Corporations full oower of subitduf'on and,revOCancr and It(Of me acts of 3a,d Arlo-neyst-i Fay.duesuar'tc'rese:resents.are cor•rrrred Tre authority and cowers conferred by this Power Of ASOmev do not ex!ena 10 any of the Iollow.ng bonds.I.ndertakings er contracts of sure"r.io Bank depository bonds.rrlortgage deficiency bonaS mor!gage guarantee bonds.guarantees of rnstallmenl paper_note guarantee bonds.bondson nnanc•al unst:tutions.tease bonds.insurance company quafi!yleg oonas-self-insurer s bonds.fidahty bonds or bail bonds ThIS Power of Attorney is granted and i5 signed by Iac%.m le under artl by authority of:he following resolutions ad0o'ed by the-asocctrve Boards of D.rec!Ors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24. 1986 RESOLVED.that the Cnauman Of the Board.tie President and any V.Ce pres,dentOf the Corporation be.and:hat each or!hem hefeby:S.authorized to exgCute powers of Attorney qualifyingthe arorney(s)named,n the Powers of A!torney!o execute.on behalf of the corpo•atlon,bonds.undertaklrgs and contracts of suretysn,o-ana tear the Secretary or any ASSrS- lant Secretary of the Corporation be.and each of them Hereby is.aulro'4ed!o attest!r:e execution of any such Power Of A!!Ofney. RESOLVED.FURTHER_that the signatures of such o!'ICerS may be affixed to any such Power 01 Attorney or to any certdlca!e rela!119:rere!O by!acS,m-le.and any such Power o!Acof- ney of Certificate bearingSuch facsimile sigratures Shall bevalla and b•nding coon the corporation when so affixed and,n!hefu!ure with resoec!to any bond na"raki-9 or cOnlracToi SUr@ryShip t0 whiCh it.s attaChed - !N`h'ITYESS+VHEREOF-IMOEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY nave seve•a:Iy Caused these presents to be signed by their respec- live ofeslden:s and arrested by!heir resoecrive SeCre:ar•es!r•is 2nd day 01;anuary 1991 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By Harry C Crowell.Pres,Cenl Ha':y C C-owe:L Presider,[ J 1sun� y�R�3rl� ti_ .^>, ATTEST Y, O:T 7v ICI ATTEST -:i 27. Imo! 11\\ ��t Bf By Walter A Crowell-Secretary Walter A C•.^we:l Secretary $ ATE OF CALIFORNIA 1 1 SS COUNTY OF ORANGE 1 Or:anuaryZ1991.defOreme.rreu^ders•g'letl a':c•ar:'• ^:-c _a'lCr•,tilt.S:a•e_pe•sona:'yaboeare0l+A•r,r CrOwe�lgntl'+VauerA wrow.•I tip'snnailyKnew-rr0:ele�orCro�-CC•n -le on:ne bans of sallsfpctory evldercel!o pe Ine oe•Sons,u-.c ex?Cc:ec:`e wI!rIn Ins:'urrea!aS P•eSlderl artl Secretar•i or•beraltcf lydemr..:f Cempa.n•r o:Cal•rcr•,-a art as Presiden t and Secretary or behalf or Oevelopers 1'SSurarce COmoa`•y.:rP Co'peratiOhs lrore-n naned and aCk'ldwlecgeC'0"e r^a':re co,ocrat.dns execuleC 11 VWITNESS my nand and otf'c,al seal OFFICIAL SEAL Signature _ ' -- � _-- VIRGINIA M_ LOUMAN —' NOTARY PUBLIC CALIFL)PNIA Notary Pubhc 'R PRINCIPAL OFF-Ci:N ORAhGECOuNTY My Commission EjD Apr 9 !993 CERTIFICATE 'ra undersigned.as V Ce P.-eSldent or INDEMNITY COMPANY OF CALIFORNIA,and VICe President Of DEVELOPERS INSURANCE COMPANY,does hereby cert.'y tnat the Foregoing and attached Power of Attorney e: ains In 1�-1 force and•:as not been revoaed.and furthermore.that!re proviSiOrS o'the resdlufi0rs of lr+e respeC:'ve BoarCIS 01 irreClgrs of Said Corporations set`ortn in the Power b'Attorney artl n'Orce as of:he date of this Cer-dlCale Tn-S Ce••Incate Is executed r•.!re C-, r Ir+Ire.Ca lr�s s.. 1st _tlai or , t9-.November o 1 --- INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY OCT By By -..---'---- -— --'— -- --- I�I. `` 1?ii 1 C Fieb15er .rl,: a�+ L C Fleblger C, Serif,V Ce Presider: �0 .1/ Sexier'rice PreslCert i0-1•0 RE" 12:90 -e e Y .ram P�fl CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION "LPNTINLTQW BEACH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subject 10% RETENTION PAYMENT Date The conformed copy of the Notice of Completion for the above contract has been filed. The thirty—five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so Iong as no stop notices or outstanding invoices are on file with the City. CL D T. VI ELLA Director o Finance I certify that no stop notices are on file on the subject contract at this time. Date: LOUIS F. S DOVAL Public Works Pirector I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: CONNIE BROCK Y City Clerk I certify that there are no outstanding invoices on file. Date: DONALD WATSON City Treasurer 0574J , I have received the faithful Performance Bond and the Labor and Materials bond for Spec Builders, Reconstruction. -pf jr Powers on behalf of the Treasurer' s Office. Dated n y 9 /./ 6 iamesAn!V;00 The Insco/Deco Group plCp PERFORMANCE BOND-- PUBLIC WORK Bond No_ 204255P Premiums 2,2.50.0Q KNOW ALI_ MEN BY THESE PRESENTS: That we, ?JJC:HAEL KEL F I L LKI DBA: SPEC BUILDERS As Principal, and INDEMNITY COMPANY of CALIFORNIA. a corporation duly authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety. are held and firmly bound unto CT TY OF HUNTINGTON MACH p�•:,_j_�':_-;I A TO FG-,)'::f AS Obligee in the full and just sum of ,y Ci ty 1:ttorney NINETY THOUSAND AND NO/100 Dollars, (5 90,000.00 f. lawful money of the United States of America,lobe paid to the said Obligee,successors or assigns:for which payment•well and truly to be made,we bind ourselves,our heirs,executors.successors•administrators and assigns,jointly and severally firmly by these presents_ The Condition of the foregoing obligation is such that. whereas the above bounden Principal has entered into a contract, dated June 12 , 19 90 , with the Obligee to do and perform the following work t0 wit= THE REMODELING OF THE' FIRE TRAINING TOWER AND BURL RO01M LOCATED AT THE JOTNT POWERS TRAINING FACTT,ITY ON Gf)THARD STREET PER BID 11213-22 as is more specifically set forth in said contract, to which contract reference is hereby made. Now therefore, if the said Principal shall well and truly perform the work contracted t0 he performed under said contract in accordance with the plans and specifications, then the above Obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 2 7 t h day of JUNE , 19 90 MTCHAEL K_F.LI_ILTKI_ _ DBA: SPEC BUILDERS INDEMNITY COMPANY of CALIFORNIA A Pnnciral ,rRO BY ' B Y E ra da Ureno Affomey-ra-r•aer r , 333 Wilshire Ave- Q� Anaheim, California 92801 ID0226 1106 (714) 999-1471 (213).402-7877 ri ;co The lnsco/Dico Group ECO PAYMENT BOND --- PUBLIC WORK Bond No 204255P Premium included in Performance bond. KNOW ALL MEN BY THESE PRESENTS. That MLCHAFT. KFLITLIKI DBA: SPF.(, BUILDERS as Principal, and INDEMNITY COMPANY of CALIFORNIA.a corporation authorized to transact a general surety business in the State of California, as Surely, are held and firmly b0un&(9WVFD AS TO FOf?U:l GAIN ::JTTON CITY OF HUNTINGTON BEACH CI .^: `IEY as Obligee in the sum of By: NINETY THOUSAND AND N01100 DOPt=CY CI-Y Attw&jn 90,000.00 } for the payment whereof, in lawful money of the United States, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns. jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that whereas, the above bounden Principal has entered into a contract, dated JUNF 12 , 19 90 with the obligee to do the following work, to-wit_ THE; REMODELING OF THE FIRF TRAINTNG TOWFR AND BURIN ROOM LOCATED AT THE JOINT POWERS TRAINING FACILITY ON GOTHARD STRFE.T. PER BID 11213-22 Now, therefore- if the above bounded Principal, contractor, person, company or corporation, or his or its sub-contractor, fads to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code,with respect to work or labor performed by any such claimant,that the Surety or)this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorneys fee, wh;ch shall t:e awarded by the court to the prevailing party in said suit,said attorneys fees to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3161 of the Civif Code of the State of Ciallfornla so as to give a right of action to them or their assignees in any suit brought upon this bond This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code. Sections 3247-3252 inclusive, and all amendments thereto Signed and Sealed this 27th day of JUNF. . 19 90 MLCHAEL KELITLIKI DBA: SPEC BUILDERS 1NDEMNLTY COMPANY ofCALIFORNIA Pr.ncip8l BY: By rteralda Ureno atro,ney-in-Facr 333 Wilshire Ave_ Anaheim, California 92801 ID028 -1186 (714) 999-1471 (213) 402-7877 POWER OF ATTORNEY OF N2 046021 INDEMNITY COMPANY OF CALIFORNIA . +' AND DEVELOPERS INSURANCE COMPANY P.O. BOX 3343,ANAHEIM.CALIF.92803 • (714)999-1471 NOT[CE 1 All power and aUlhOtity herein granted Shall:n any event terminate on the 31st day of Dec mber. 1990 2. This Power Of Attorney Is vn,d I'altered or,t,iny pnrti0r is erased 3 rh•s Power Of Atto'neV IS void unle SS the:Pal is ri_a-'�a;)I M.Vlt( 1Cit IS Ir.h•Cw:1 in+• 11111;iq•loturgi dr.+ n blue ink.artd In15 nW:Ce 15 In r0C Ink 4 This Pown,r of Allorney 5IIOi•Id n01 be fetluriied tri!hP.AttOr nay{S) In-Fact.titil Sh%uId rem A.fl j p.trma'Sent part of We Obligee-%records KNOW ALL MEN BY TFIESE PRESENTS. that. except as uxpro%s!y timlted. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do t•=l:h severally,but not jointly,hereby make.Constitute end ap001nt•**DAVID L. MILLER, PAULINE M. MCLEAN, M. SOSKY, K. BECKNELL, LIANNE M. PAYSON, PAT PERAZA, MARY ELLEN LARA, ESMERALDA URENO, JOINTLY OR SEVERALLY*** the Irt.e and lawful Attorney(s)-In-Face.to make,execute-doliver and acknowiudgo,for and On behalf of each of sdlC corporations as Snrelies,bands urderlakingy tVid c:nntr.erts^t suretyship In an amount r.01 exceeding ST.500.000 in any S ngro ucdertakf q,givrig and granting unto said Aftorneyrs:-In-Fact furl power and autt-drlry:o 4C.and!o pe•tfnrm every act necessary,focu;s•to or propur to be done in connection therawan aseaeh of said CorporatiOrS could do.but rpsorv.nr rc uacn of said co:,orations furl I;Own-;,I Subs!tvllor..!:1:! tion and n'I Ol the acts Of sa-d Altorney(sj-In-Fact,pursuant;o lhesu presents.are hereby r;itdled and COnhrr-•eo he aU"•Orly ar,d powerS conferred by this Power of Attorney do'io!extend 10 any of the lollowing bOr.ds,Iindur:axings Cr Contracts 0!sufetyShlp Bark depOS.Iory bonds.mortgage dOTICieney bOrds.mortgage quaiamee bondS.9uaranloaS Of InStallrn Ont caper,note guarantee her,,S.bonds On IInanCfP I­IS'i!Upons.IedS' bcrd5.InSurar•.cir Company qualifying bonds.Sad-usurer's bonoS.fidehty bonds Or ball bonds rhl5 POwnr Of AltarrBy Is granted and Is Slgnnd by!ac S.mileunder and byauthorlly;if 11he10II0w,r.g resolutions adO;)I-d Cv Ine respective iinard5 Of Directors Of INDEMNITY COMPANY OF CALIFORNIA antl DEVELOPERS INSURANCE COMPANY,aflOCtive aS 01 September 24. 1985- RESiOLVED,that the Cha.rman of the Board.the President and any VICe Presloont of iho COrporatlOn be.and that"Ch of them h•areby is.authorized 10 exact fis POwerS ql An-n..y. quuli!yingthoa!torney[5)named In the Powers Of Attorney to oxocute.on behalf of tho Corporation-bonds.undertakingSand Contracts of Surohyahip,and the'!he Sncrola-y or an;A, sis- iani Secretary of the Corporation be.and eaCh Of them hereoy Is.authorized t0 attest the exec Ilion Of any such PO-+rer o1 Attorney; RESOLVE[).FURTHER,tharthe signa'ures of sucnOflicers mayboa!flxed 10 anysuch Power OfAttorney or to anycerlfticwe roiat;ng lhoreto byfecSimile.and any such Power ritA!:n:- n0y Or Cortiflcate bearing suCh facsimile S;gnaturiaS Shall Oa wEjhd and binding upon the Corporation wnen so affixed antl in the fl:luruwith reSpnetl0 any hoed.ur'rSPrlrlkii.9 or r.0 r.tr.iG^: Suretyship to which i'is allacnad IN WITNESS WHEREOF.INDEMNITY COMPANY OF CALIFORNIAand DEVELOPERS INSURANCE COMPANY have so'+er ally CauseC these PreSANS 10 hes-ynefs by Incif fo;p•.... live Presidents and srtastgd by their respective Secretaries this 2nd day Ot January, 1990 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By— By Gerald A-Sauvageau,President V Ayr Gerald A-Sauvageou.President ��_ _Sun♦ a. t o ATTEST ATTEST I`iII YOB 21' I'l ID1D r By By - Harry C.Crowell,Secretory Harry Crowell.SaCrotary STATE OF CALIFORNIA) SS- COUNTY OF ORANGE ) On January 2. 1990, before me, the undersigned. a Notary Public in and for Said Statg, personally appeared Gerald A- Sauvageau and Harry C Crowell. personally k:"wi,;ri me(Or proved tome on the be5is of Satisfactory evidence)!0 be the porsons who executed the within instrument as President and Secrelary on behalf OI Ind amritty Company Of Cnh!o'n:1, and as President and Secretary On behalf Of D@veloporS Insurance Company,thb Corporations therein named.and dcknowledgod to me trial the Corpuratrons execufrnl it. WITNESS my hand and official Seat- J/ OWICULL SELL All r,.=,,s,.- VIRGINIA M. LOUMAN Signature_ ._. .- -� .---- -. .. -_ "— t NOTARY PUBLIC-CALIFORNm Notary Pubhc PRINCIPAL OFFICE IN 4/ ORAWA COUNTY JAY Commission Exp Apr- 9, 1993 CERTIFICATE The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA.and V"President of DEVELOPERS INSURANCE COMPANY,does hereby Certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective hoards of DiroClorS Of Said Corporations set forth In the power of Attorney,are In force as Of the date Ot this Certificate- This Certificate Is executed In the City of Anaheim,California,this 27 Ch day o1_ JUNF ,m INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ory P-+are tit Elia� A0 Okpoil n @`QwPOR rT FC /�" ,. rA/ {/�jJ \ i + DrY Ely WAR.27. � o L_C-Flebiger. „t o 1961 , 4b L-C Fleblger -�- - -- Senior Vice President 'a'4 rFOtt'►��sr _ Senior Vice President D IF ID-310 REv.12r89 ` dno . EB CITY OF HUNTIIVGTOPJ BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 September 10, 1991 Spec Builders 22131 Bianco Laguna Hills, CA92653 Subject: Fire Training Tower Rehab; CC--744 Dear Mr. Keliiliki: Pursuant to the final acceptance of this project, please provide the following items: I. Guarantee Bond 2. Certificate of Compliance (see enclosed) 3. Affidavit of Satisfaction of Claims (refer to contract) These items must be received and approved "as to form" by our Attorney's office before the release of any retention funds. Should you have any questions or concerns regarding the above items, please telephone met at (714) 536-5441. Very truly yours, I Don Noble Contract Administrator DRN:dw cc: Betty Tate, City Clerk's Office > Wayne Lee, Accounting Officer Duane Wentworth, Public Works Inspector 3046g/1-0 DECLARATION OF SATISFACTION OF CLAIMS I , �' �L4,( �la }i� , state: (Name ot Contractor 1. I am the general contractor for the City of Huntington Beach, as to the project more fully des ribed .in the public works contr ct entitled e 64 L�� i� �A� and dated 9111 �9� C , —7z/e,-A I 2 . All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes o! the State of California: ( if none, state "NONE" ) I declare under penalty of perjury that the foregoing is true and correct. Executed at on this 1 day of �z. 19 ' 4;e �� Q . � CS'ignature of Contractor ) City of Huntington Beach Department of Public works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on M'ject No. V Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic , apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 11 , 1990 Mike Keluliki Spec Builders 25041 Earhart Road Laguna Hills, CA 92653 RE : Construction of Joint Powers Burn Room PROJECT CC-744 Enclosed is a copy of the executed contract with the City of kuntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate o`- Compliance form MUST BE RLTURN[D TO THIS OFFICE AFTER THE PROJECT IS COMPI-FTED BUT PRIOR 'i s; THE RELEASE OF RE f ENT I ON FUPJ07 - - 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 cne year. If your performance bond does not include specific wording for a one year warranty, then a rider or Separate bona 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 - Connie Brockway City Clerk CB: bt Fnc: Cash Contract Declaration of Satisfaction of Clams Certificate of Compliance (Telephone., 714-536-5227) _. ti CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SPEC BUILDERS FOR THE REMODELING OF THE FIRE TRAINING TOWER AND BURN ROOM LOCATED AT THE JOINT POWERS TRAINING FACILITY ON GOTHARD STREET (CC-744) 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 PECIFICATIONS 3 . COMPENSATION 4 4 . COMMENCEMENT OF- PRQJECT 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 . PROOQRESS 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 & 13 20 . INSURANCE 13 & 14 21 . CERTIFICATES OF INSURANCE;__ADDITIONAL INSURED ENDORSEMENT 14 & 15 22 . DEFAULT AND TERMINATION 15 23 . DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS 15 & 16 24 . NON-ASSIGNABILITY 16 25 . CITY EMPLOYEES AND OFFICIALS 16 TABLE OF CONTENTS TITLE PAGE(S) 26 . STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 16 27 . IMMIGRATIQN 16 & 17 28 . NOTICES 17 29 . CAPTIONS 17 30 . ENJIBETY 17 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SPEC BUILDERS FOR THE REMODELING OF THE FIRE TRAINING TOWER AND BURN ROOM LOCATED AT THE JOINT POWERS TRAINING FACILITY ON GOTHARD STREET (CC-744) THIS AGREEMENT is made and entered into on this 11th day of item -er , 1990, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California., hereinafter referred to as "CITY, " and SPEC BUILDERS, a Sole Proprietor, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the remodelling of the Fire Training Tower and Burn Room at Gothard Street in the City of Huntington Beach; 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 connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of -1- 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, except as specified herein. 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, except that if there exists any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, 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. "Contract Documents" as defined herein mean and include: A. This Agreement; -2- B. Bonds covering the work herein agreed upon; C. The CITY' S standard Plans and Specifications and 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 Department of Public Works of CITY (hereinafter referred to as "DPW" ) , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 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 NINETY THOUSAND DOLLARS ($90, 000 . 00) , as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 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 Ninety (90) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public works, excluding delays provided for in Section 11 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- 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 DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal , the work shall be performed according to the changes ordered in writing by the DPW 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 due to unavailability of the job site, for any reason, relief to the -5- 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 CONTRACTOR and its officers, agents and employees, and all business licenses , if any, in connection with the PROJECT. -6- 11 . LIQUIDATED DAMAGE$/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 in Section 4 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 any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the -7- time for completing the work if, in its judgment , the findings of fact thereon justify the delay; and the decision of the DPW 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 nowise 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) 12otiQg The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical Conditions at the job 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 -8- encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW 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 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 DPW 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 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 DPW shall ascertain the facts and circumstances and -9- make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY 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 DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW 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 DPW, 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 DPW, 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 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 -10- 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 SATISFACTIQN_ OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW 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, except as otherwise provided herein. 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 arising out of death or injury to CONTRACTOR' S employees and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted 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 -11- conduct all defense at its sole cost and expense. Any costs of defense or attorney' s fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by CONTRACTOR or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to California ,Code of Civil Procedure §1021 . 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor _Code §1861, CONTRACTOR acknowledges awareness of §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 accident, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred and 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; and CONTRACTOR shall, prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . -12- 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. 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 CITY for 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) per occurrence limit . 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. -13- Before CONTRACTOR performs any work at, or prepares or delivers materials 'to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages ; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days 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. 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 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. -14- 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 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 . DISPO ITION 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, -15- 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_Goves nment Code §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) 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. IMMICRATION 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 8U S.C._ §1324a -16- 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 or to CITY' S Director of Public Works, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows : TO CITY: TO CONTRACTOR: Mr . Louis Sandoval Mr . Mike Keluliki Director of Public Works Owner CITY OF HUNTINGTON BEACH SPEC BUILDERS 2000 Main Street 25041 Earhart Road Huntington Beach, CA 92648 Laguna Hills, CA 92653 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 . ENTIRETY The foregoing represents the entire Agreement between the parties . REST OF PAGE NOT USED -17- IN WITNISS 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. SPEC BUILDERS CITY OF HUNTINGTON BEACH a Sole Proprietor a Munic ' al Corporation of the S t b-f..California . Mayor Its: V/ ATTEST: APPROVED AS TO FORM: City Clerk czC33y, ,Attorney x r 9 REVIEWED AND APPROVED: INITIATED AN APPROVED: i y A ministrator Directo of Public Works G� � t0 �414 -18- E X H SPECIFICATIONS FOR FIRE TRAINING TOWER AND BURN ROOM REMODEL FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA CC-744 February 1 , 1990 Prepared By: Anthony and Langford/Architects, A. I .A. 16152 Beach Boulevard, Suite 201 Huntington Beach, California 92647 SPECIFICATIONS FOR FIRE TRAINING TOWER AND BURN ROOM REMODEL FOR THE CITY OF HUNTINGTON BEACH, CALIFORNIA CC-744 February 1 , 1990 Prepared By: Anthony and Langford/Architects, A. I .A. 16152 Beach Boulevard, Suite 201 Huntington Beach, California 92647 FIRE TRAINING TOWER AND BURN ROOM REMODEL CITY OF MNTIPGTON BEACH, CALIFORNIA Eau Notice Inviting Sealed Bids N-1 through N-2 Instructions to Bidders N-3 Bid Proposal P-1 through P-S Contract (Sample Only) C-1 through C-18 Standard Specifications 1 General Special Provisions 1 1-2.1 Definitions 1-2 2-1.1 Award of Contract 2 2-1.2 Execution of Contract 2 2-1.3 Failure to Execute Contract 2 2-4.1 Return of Bid Bond 2 2-4.2 Guarantee 3 2--5.1.1 Plans and Specifications 3-4 2-5.1.2 Competency of Bidders and Payment for Plans and Specifications 4 2-5.4 As-Built and Record Drawings 4 2-6.1 Removal of Defective and Unauthorized Work 4 2-10.1 Authority of Board and Inspection 5-6 2-10.3 Final Inspection 6 3-00 Change in Work 6 4-1.2 Protection Work d Materials 6 4-1.4.1 Test of Materials 6-7 4-1.6 Certificate of Compliance 7 6-1.1 Construction Schedule and Commencement of Work 7 6-1.2 Progress of the Work and Time for Completion 8 6-2.1 Progress Schedule 8 6-8 Completion and Acceptance 8 6-8.1 Acceptance 8 6-9 Liquidated Damages 8 7-1 Contractor's Equipment and Facilities 9 7-2.3 General Prevailing Wage Rates 9 7-2.4 Payroll Records 9-10 7-3.1 Public Liability 8 Property Damage Insurance 10-11 7-5.1 Permits and Licenses 11 7-6.1 The Contractor's Representative 11 7-6.2 Superintendence 12 7-8.1 Cleanup and Dust Control 12 7-8.5.1 Use of City Water System 12 7-8.7 Noise Control 12 7-8.8 Flow and Acceptance of Water 12-13 7-10.1.2 Safety Precautions 13 7-15 Registration of Contractor 13 Huntington Beach Fire Training Tower Table of Contents -- 1 9-3.1.2 Payment General 14 9-3 .2.1 Progress Payments 14 9-3.2.2 Final Payment 15 Section 10 Proposal Requirements 15 10-1 Examination of Plans, Specifications, Special Provisions and Site of Work 15 10-2 Proposal Form 15-16 10-3 Proposal Bid Bond 16 10-4 Withdrawal of Proposals 16 10-5 Public Opening of Proposals 16 10-6 Rejection of Proposals Containing Alterations Erasures or Irregularities 16 10-7 Disqualification of Bidders 16 SPECIFICATIONS Refer to Drawings i Huntington Beach Fire Training Tower Table of Contents -- 2 NOTICE INVITING SEALED BIDS CC-744 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the Fire Training Tower and Burn Room Remodel in the City of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents wi 1 1 be available on March 20, 1990. A charge of $25.00, not refundable, will be required for each set of specifications and accompanying drawings. In accordance with the provisions of Section 1773 of the labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. Plans and specifications. together with proposal form, may be obtained at the office of the Director of Publ is Works, City Hall , Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements. set forth in the specifications, for full directions as to the bidding. The above quantities 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 Director of Public Works. All bids will be compared on the basis of the Director of Publ is Works' estimate of the quantities of work to be done. Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. Each bid shal l be made out on a form to be obtained at the office of the Director of publ is Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before April 24, 1990 and shal 1 be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding Mill be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday. the 7th of May, 1990 at the hour of 7:30 p.m. in the City Council Chambers at the Civic Center of said City of Huntington Beach, and shall be acted upon by . said City Council at the regular meeting of May 7, 1990. NOTICE INVITING SEALED BIDS N-1 The City of Huntington Beach, California reserves the right to reject any or ail bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this 19th day of March, 1990. ATTEST: Connie Brockway City Clerk • NOTICE INVITING SEALED BIDS N-2 INSTRUCTIONS TO BIDDY 1 . PROPOSAL REQUIREMENTS Proposal requirements shall be as described in Section 10 of the City of Huntington Beach Standard Specifications herein. 2. SUBMLTTALS Bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, the bidder's address and the name of the work for which the bid is being submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled time for opening of bids will b*e returned to the bidder unopened. 3. LOWEST RESPONSIBLE BIDDER The City, in determining the lowest responsible bidder may, among ether things, take irrto consideration the quality, fitness, capacity and adaptability of the respective equipment, materials, articles, devices, apparatuses or processes proposed to be used by any bidder hereunder. 4. SUBCONTRACTOR'S BID A person, firm, or corporation who has submitted a bid as subcontractor to a prime contractor is not disqualified from submitting a subcontracting bid to other bidders. 5. BID INQUIRIES All inquiries for clarification of contract documents during bidding shall be directed only to Don Noble, City of Huntington Beach Public Works Department, (714) 536-5441 , who will be the sole responsible individual for such interpretations. 6. CONTRACT TIME Contract time for the construction of Fire Training Tower and Burn Room Remodel, as shown on the drawings and specified herein, shall be 90 consecutive calendar days. s Huntington Beach Fire Training Tower N-3 BIA PROPOF2AL BID PROPOSAL FROM Firm's Name To The Honorable Mayor and City Council City of Huntington Beach, California In compliance with the notice inviting sealed proposals for the Fire Training Tower and Burn Room Remodel City of Huntington Beach, California 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, materialmen through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to'any contractor who does not use 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 therefor at the following unit prices, to Hit: Item Approximate Item with Unit Price Unit No. Quantity Written in words Price Total l L.S. Fire Training Tower and Burn Room Remodel TOTAL 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 than those shown herein at the unit prices bid in the pro- posal schedule. The undersigned understands the contract time limit allotted for the . contract is 90 days. Huntington Beach Fire Training Tower P-1 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 wort: with 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 Wort: contemplated, the plans and specifications, and the proposal and contract forms therefur. The submission of a bid shall he 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 proposal is (5 ). NOTICE: Insert the words "Cash", "Certified check", or "Bidder's Bond", as the case may be, in an amount equal to at least ten percent ( 10%) of the total bid price, payable to the City of Huntington B#-?ach. The undersigned deposits the above-named security as a proposal guarani 'y and agrees that it shall he forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall ail 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 to the City within ten (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: Dated this day of Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature Huntington Beach Fire Training Tower P-? PROPOSED INFORMATION_REQUIRED OF BIDDER Bidder is required to supply the following information. additional sheets mad be attached if necessary. I. Firm Name: 2. address: 3. Telephone: a. Type of Firm ( Individual, Partnership, or Corporation) : 5. Corporation Organized Under the Laws of the State of: 6. Contractor's License Number: 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 Amount Work Completed Name, address and Phone No. 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. Huntington Beach Fire Training Tower P-3 DESIGNATION OF SUBCONTRACTOR In compliance with the "Subletting and Subcontracting Fair Practices act` being Section 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the riame and location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent ( 1/2%) 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 cork 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 wort: except under the conditions hereinafter set forth. Subletting of subcontracting any portion of the work to which no subcontractor was designed 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 the proposal, the contractor certifies: I. That he is able to an 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 subcontractor for this project. Huntington Beach Fire Training Tower P-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID being first duly sworn, deposes ar►d 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 ari one 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 corpora- tion, 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 Califor- nia, that the forgoing is true and correct. ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE i Huntington Beach Fire Training Tower P-5 "SAMPLE" CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONSTRUCTION CO. FOR THE REMODELING OF THE FIRE TRAINING TOWER AND BURN ROOM LOCATED AT THE JOINT POWERS TRAINING FACILITY ON GOTHARD STREET THIS AGREEMENT is made and entered into on this day of , 1990, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California , hereinafter referred to as "CITY, " and CONSTRUCTION CO. , hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project , hereinafter referred to as "PROJECT, " more fully described as the remodelling of the Fire Training Tower and Burn Room at Gothard Street in the City of Huntington Beach; 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 boss 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 connected with the work, including, but not limited to , all c -1 s expenses incurred by or in conseguence 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 . EP F 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 iContract 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, except as specified herein. 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, except that if there exists any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, this Agreement shall control and nothing herein shall be considered as an c-2 acceptance of the terms of said bid or proposal which is in conflict herewith . "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 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 Snecifigationg 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 Department of Public works of CITY (hereinafter C -3 referred to as "DPW" ) , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 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 . 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 in Sections 1, 6, 13 and 14 herein. • 4 . COMMENCEMENT QF PRQJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion. 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 c -4 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 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 DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW 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. c--5 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 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. c -6 10 . INPEPENDENT 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 CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11 . LIQUIDATED D 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 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 ($ } 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 in 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 ferther agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder . C -7 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 any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW 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 DPW 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 nowise 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 c -8 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 DPW in writing of : (a) Subsurface or latent physical conditions at the job 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 DPW 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 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 c -9 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 DPW 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 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 DPW 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 Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent ( 10%) will be deducted and retained by CITY 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 DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW 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 DPW, less all previous C -10 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 DPW, 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 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 . W=HELDC<ONTRAC: 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 DPW 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 . C -11 . 17 . WAIVER OF CLAIM 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, except as otherwise provided herein. 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 arising out of death or injury to CONTRACTOR' S employees and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted 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. Any costs of defense or attorney' s fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by CONTRACTOR or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to California Code of Civil Procedure §1021. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, CONTRACTOR acknowledges awareness of §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 . c-12 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 accident , One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred and 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; and CONTRACTOR shall , prior to commencing performance of the work hereunder , furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. 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. 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, 0 products/completed operations, and blanket contractual liability. c-13 ti 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 CITY for 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) per occurrence limit. 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. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days 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. C-14 The requirement for carrying the foregoing insurance shall r� not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 16 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. 21 . DEFAULT AND TERMIN6TION 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 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. 22 . DISPOSITION OF PLANS, ESTIMATES AND OT1iER 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 . c-15 23 . 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. 24 . 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 Qalifarnia GQvernment §1090 et seq . 25 . ATTORNEY'_S_ FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees, costs , and necessary disbursements in addition to any other relief to which that party may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to withhold which names CITY as a party to said action or by reason of which CITY incurs expenses, CITY shall be entitled to 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) 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 c-16 unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 26 . J +�Mj DRAT I ON 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. 27 . NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR or to CITY' S Director of Public Works, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows : TO CITY: TO CONTRACTOR: Mr . Louis Sandoval Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 28 . QAPTIONS 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 . 29 . ENTIRETY The foregoing represents the entire Agreement between the parties . C -17 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: City Clerk City Attorney . REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works c-18 STANDARD SPECIFICATIONS Except as hereinafter provided, the provisions of the latest Edition of the "Standard Specifications for Public Works Construction" (Green Book) pub- lished by Building News, Inc. , 3055 overland Avenue, Los Angeles, Califor- nia 90034, and all amendments thereto adopted by the Joint Cooperative Committee of Southern 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 edition, as of the date of publication of the ?Notice Inviting Bids for this contract, shall apply. PART I 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. 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 Document Documents including but not limited to the proposal forms P-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. 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 of Contractor The legal address of the Contractor shall be the 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. Huntington Beach Fire Training Tower Standard Specifications -- 1 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, form and constitute a part of the provisions of this contract to the same extent as is set forth herein in full. ---1. 1 .sward 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. 2-1.2 Execution 21 Contract The contract shall be signed by the successful Bidder with ten (10) working days after award, and shall 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 day specified in the "Notice to Proceed" issued by the City. 2-1.3 Failure 1 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. 7-4. 1 Return of JLd 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 re- spective bidders whose proposal they accompany. Huntington Beach Fire Training Tower Standard Specifications -- 2 2-4.2 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 not 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 ae 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 others outside or beyond the control of the Contractor. 2 5. 1. 1 Plans MW Specifications The Engineer will provide the Contractor, free of charge, copies of plans, special provisions and additions to the General Provisions of the Standard Specifications that are reasonably necessary for the execution of the work. 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 de- tailed or explained in the Standard Specifications, Special Provisions and plans, the Contractor shall request from the Engineer further explanation or interpretation of the contract. Huntington Beach Fire Training Tower Standard Specifications -- 3 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 or his representative of any discrepancies. 2-5. 1.2 Compe-t ency of Bidders a� Payment for Plans an Specifications Plans, special Provisions and Proposal forms will be issued only to those contractors who can quality as competent bidders. A charge will be required for the taking out of plans, none of which will be refunded to any bidder. 2-5.4 As-BiLilt Md Record Drawings The City shall furnish the Contractor with one (1) set of reproducible transparencies (contact mylars) and one ( 1) set of blueline prints showing all work required under this contract. Contractor shall maintain and keep up to date the set of bluelines showing the "as-built" location of major features such as potable waterlines, electrical conduit, etc. of the project and indicating changes that may occur during installation. Prior to the Post-installation Maintenance Period, Contractor shall return to the Engineer, the City-furnished reproducible transparencies as the Record Set showing the as-built data, of a quality satisfactory to the Engineer. Transfer as-built data in black ink (no ball-point pen) and eradicate outdated items. 2-6. 1 Removal 21 Defective aW 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 the failure on the part of the Contractor to comply forthwith with any order of the Director 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 thereof from any monies due or to become due the Contractor. Huntington Beach Fire Training Tower Standard Specifications -- 4 2-10. 1 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 permit- ting the Engineer to make necessary assignments of his represen- tatives. If the Contractor elects to work under this contract more than eight (8) hours per day or more than 40 hours per week, Saturday, Sunday, or City holidays, he shall arrange with the Engineer for the required inspection service and pay the special inspection fees which will be charged at the following rates: 4 hours or less per day $200.00 4 hours to 8 hours per day $400.00 When Special Inspection is required, the Contractor shall notify the City and pay inspection fees 24 hours in advance. If the Contractor is directed by the City to work under this contract more than 8 hours per day or more than 40 hours per week, the Special Inspection fee requirements will be waived. 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 Engi- neer. 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 if may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. All authorized alterations affecting the requirements and information given on the approved plans 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. Deviations from the approved Plans, as may be required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal protest is made in writing and as provided in the following paragraph: 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 decision is given, file a written protest Huntington Beach Fire Training Tower Standard Specifications -- 5 with the Engineer, stating clearly and in detail his objections and reasons therefor. 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, instructions, 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. 2-10. 3 Final Inspection Whenever the work provided for and contemplated by the contract shall have been satisfactorily completed and the final cleaning performed, the Engineer will make the final inspection. 3-00 Change in Work No claim for additional work or material will be allowed unless supported by a change order issued by the Engineer and executed by the Contractor. No additional work or other changes shall be started before the issuance of the order by the Engineer and the execution thereof by the Contractor. Payment for such additional work will be made Where pertinent on the basis of the unit prices bid by the Contractor for such work or if the unit prices are not applicable for computing the additional work will b4e made upon the basis of a lump sum previously agreed upon by the Contractor and the Engineer and set forth in the change order or upon cost plus basis. 4-1.2 Protection of Work and Materials Materials shall be stored so as to ensure the preservation of their quality and fitness for the work. When considered necessary by the Engineer, they shall be placed on timber platforms or other hard clean surface and not on the ground, and shall be placed under cover When so requested. Stored materials shall be located so as to facilitate prompt inspection. No materials will be permitted to be stored at a city storage facility. 4- . . 1 Test Q[ 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. Huntington Beach Fire Training Tower Standard Specifications -- 6 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 materials are used in the work. The City of Huntington Beach will pay for the initial material tests. Any subsequent materials tests deemed necessary due to the failure of initial tests will be at the Contractor's expense. 4-1, 6 Certificate of Compliance As required by these specifications, a Certificate of Compliance shall be furnished prior to the use of the materials. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating mate- rial into the work which conforms to the requirements of the drawings and specifications and any such material not conforming to such requirements will be subject to rejection. The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance. 6-1. 1 Construction Scbgdule apd Commencement of work Prior to the start of work, arrangements will be made for a meeting between the Contractor, Engineer and the City representative. 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. Huntington Beach Fire Training Tower Standard Specifications -- 7 6-1.2 Progres9 2.J the Mork and Time for Completion The Contractor shall begin work upon receipt of the "Notice to Proceed", by the City and shall diligently prosecute the same to completion before the expiration of the time specified in the proposal, specifications, and/or contract. 6-2.1 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 may be required to enable others to hasten and properly engage and carry on their work. Completion r� Acceptance Contractor shall submit to the Engineer prior to the inspection for acceptance of the work all materials as required by the specifications. If in the engineer's judgment, the work has been completed in accordance with the drawings and specifications and is ready for acceptance, it will so certify to the City Council, which may accept the completed work. The engineer will, in its certification to the City Council, give the date when the work was completed. This will be the date when the Contractor is relieved from responsibility of maintaining and protecting the work. 6-8. 1 ice tp ance Should it become necessary, due to developed conditions, to occupy any portion of the work before the contract is fully completed, such occupancy shall not constitute acceptance. 669 meted Damages Section 6-9 of the Standard Specifications for Public Works Construction shall be modified with respect to the dollar amount of damages per day. The daily sum due per day for each consecu- tive calendar day in excess of the time specified for completion of the work shall be as follows: Daily Sum Due Contract Amount Per Day Contracts up to $250,000 $250 Contracts $250,001 to $500,000 $300 Contracts $500,001 to $1,000,000 $400 Contracts $1,000,001 to $1,500,000 $500 Contracts $1,500,001 and over $650 i Huntington Beach Fire Training Tower Standard Specifications -- 9 7-1 Contractor's Enuiyaent and Facilities The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2.3 General Prevailing Wage Rates In accordance with the provisions of Section 1773 of the Labor Code, the State of California Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determination are on file at the office of the City Clerk, and the office of the Director of Public Works of the City of Huntington Beach, California. 7-2.4 Payroll Records The Contractor's attention is directed to the following provisions of Labor Code Section 1776 and Section 1777.5 (apprentices) (Stets. 1978, Ch. 1249) . The Contractor shall be responsible for compliance with these provisions by his subcontractors. a. Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per dies wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprentice- ship Standards of the Department of Industrial Rela- tions. 3. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to 0 the public for inspection or copies thereof made; provided, however, that a request by the public shall Huntington Beach Fire Training Tower Standard Specifications -- 9 be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor, Standards Enforcement. The public shall not be given access to such records at the principle office of the contractor. C. Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within 10 days after receipt of a written request. d. any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. e. The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) including the street address, city and county, and shall, with five working days, provide a notice of a change or location and address. • f. In the event of noncompliance with the requirements of this section, the contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such contractor must comply with this section. Should noncompliance still be evident after such 10-day period, the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars IS25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be with- held from progress payments then due. 7-3. 1 Public Liability and Property Dams a Insurangq 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: DMagg Including Products Liability: $1,000,000 combined single limit per occurrence Huntington Beach Fire Training Tower Standard Specifications -- 10 'rote: If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit oust 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 to the City. 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 coverage or a valid certificate of self insurance. 7-5. 1 Permits - Licenses . 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 of work involved. Permits required from the City's Department of Development Services and Department of Public Works will be no fee permits to the Contractor. No separate payment will be made for procuring necessary permits and licenses. Compensation will be considered as included in the prices bid for the various items of work involved. 7-6. 1 LtLe 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 to the Contractor. Huntington Beach Fire Training Tower Standard Specifications -- 11 ,-6.2 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 Director 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. 7-8. 1 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. 7-8.5. 1 Use of City water SSystem The Contractor shall make arrangements with the City of Huntington Beach water Department for requirements, location of source and payment prior to the taking of any water from the City system. 7-8.7 Noise Gontlgl 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 and 6:00 PM. 7-8.8 F ow and Acceptance of water Storm, surface and possibly round or other water may be encoun- tered at various times and locations during the work. Such waters may interfere with the Contractor's operations and may cause damage to adjacent or downstream private and/or public property by flooding or lateral erosion if not properly controlled by the Contractor and the Contractor acknowledges that his bid was prepared accordingly. The Contractor, by submitting a bid, assumes all of said risk. The Contractor shall conduct his operations in such a manner that storm or other waters may proceed without diversion or obstruction along existing street and drainage courses. Drainage of water from existing catch basins shall be maintained at all times. Diversion of water for short reaches to protect construction in progress will be permitted if public or private properties are not damaged or, in the opinion of the Engineer, are not subject to the probability of damage. The Contractor shall obtain written permission from the applicable public agency Huntington Beach Fire Training Tower Standard Specifications -- 12 or property owner before any diversion of water will be permitted by the Engineer. In the course of water control, the Contractor shall conduct construction operations to protect waters from pollution with fuels, oils, bitumens or other harmful materials. The City has received a permit for discharging from the California Regional Hater Quality Control Board that is reproduced in these Special Provisions as an attachment. i Safety Precautions The Contractor shall provide for and maintain provisions for public traffic through the construction areas at all times. Unless otherwise specified in these Special Provisions, work shall be in accordance with Sections 4-1.04, 7-1.08 through +- 1.95 inclusive, 15-1.02 through 15-2.05E inclusive, of the State Department of Transportation, Standard Specifications, and as provided for in Title 8 of State of California Department of Industrial Relations, Construction Safety Orders, and Chapter 12.24, "Warning Lights -- Barricades" of the Huntington Beach Municipal Code. The Inspector may require additional devices as traffic and construction conditions require. Questions as to construction warning signs and devices shall be directed to the Engineer. Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. Applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices shall be adhered to and enforced by the Contractor. 7-15 Reitistration 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. Huntington Beach Fire Training Tower Standard Specifications -- 13 9-3. 1.3 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 specifications 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 in the 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 materials. 3. Maintaining public utility facilities. 4. Miscellaneous removals. 5. Trench resurfacing. o. General finishing and clean-up. 7. Barricading, traffic control, and temporary striping. S. Restoring private property improvements. 9. Potholing utilities. 9-3.2. 1 Progress Payments The City shall, once in each month, cause an estimate in writing to be made by the Engineer of the total amount of work done and the acceptable materials furnished and delivered by the Contractor to the job site and not used as of the time of such estimate and the value thereof. 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. The City shall retain money in the amount of fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused, provided the materials were fabricated specifically for the project. No payment will be made for standard stock items that have not been incorporated in the work. 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 judgment 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 (E300). 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 in accordance with provisions of the California Government Code, Section 4590. Huntington Beach Fire Training Tower Standard Specifications -- 14 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 pas- 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. 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, and no payment shall be construed to be an acceptance of any defective work or unaccept- able materials. Section 10 Proposal Requirements 10 Examination of Plans, Standard Specifications, Special Provisions and Site of Wor The bidder shall examine carefully the site of the work . contemplated and the proposal, plans, specifications and contract forms therefor. It will be assumed that the bidder has investigated and is satisfied as to the 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 offi- cer, agent or employee of the City either before or after the execution of this contract shall affect or modify any of the terms or obligations herein contained. 10-2 PRo,�� Form All proposals must be made upon blank forms to be obtained from the office of the director of Public works at the Civic Center, Huntington Beach, California. The Bidder shall submit his proposal on the form furnished him. Proposals submitted on forms other than the one issued to the Bidder will be disregarded. All Proposals must give the prices proposed both in words and numbers, of which words will prevail over numbers, and must be signed by the Bidder with his address and telephone number. If the Proposal is made by an individual, firm or partnership, name, Huntington Beach Fire Training Tower Standard Specifications -- 15 . post office address and telephone number must be shown. if made by a corporation, the Proposal must show the name of the state under whose laws the corporation was formed, and the names, title, and business addresses and telephone numbers of the President, Secretary, and Treasurer. 10-3 Proposal Bid Bond .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. 1 -4 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 author- ized 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. 10-5 Public Openin of Bids 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. 10-6 Rejection of Proposals Containing Alterations, Erasures or Irregularities Proposals may be rejected if they show any 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. 10-7 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 interested in more than one Proposal for the work contemplated will cause the rejection of tall 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 the prices obviously are unbalanced may be rejected. Huntington Beach Fire Training Tower Standard Specifications -= 16 _ - .A` r Fes• i r -t�%l.L,/_A�..•:.�{�k:' .� ue DATE(MMiDof" •. � - �� Ef 1G[�U FIRODUCErt CFR ATE IS ISSUED A&A MATTER OF INF MATION ONLY AND cw-r: �s NO RIGHIS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE bUL L)OLS NOT AMEND. LXTEND OR ALTER THE COVERAGE AFFORDED BY THE t. o. iA k 504t." poi ICIES BELOW. ,sSSiu,: Vi:j:0, (:A,•ikl)FAifc S,Ei(JU COMPANIES AFFORDING COVERAGE (714;1 313�I-37i;0 coMp�F.YA LE T•*TR hblUi{:Alr ST,L't ,5 1NSt3ttnerLr: i:t121PAK ! 1N.SURID LET 1 EA i-k,L II-'►KI MF:o:,>:Y C LETTER LETTEfi LCtTtH t COVERAGES - —-- — C THIS IS TO CERTIFY THAT TNt: :'OLICIE3 OF INSURANCE LI$T ED BELOW HAVE SEEN rSSOED TO THE Ir15If;jE0 D NAMED AEOYE FOR THE POLICY PERIO iNrJIGA1rU. '+C1 ti"!I!„`TArIE,Ir,G ANY FtFOt)!(?E �Er;T. T£?f-1 OR CONh:T'ON OF ANY CO''1TRA.CT OA OTHER DOCUMENI W:TH RESPECT TQ`,VHICH THIS CERTIFiCATf PAAv BE SSUED OR MAY PERT,u"d, T-iF. INSURAI+CE AFFORDED By THE POLICIES DESCRIBED HERE'!•+ iS SUBJECT TO ALL THE TERMS. I E)(CLI;SIONS AND-,0NDITI0%S Q° SVl.tk),(.,I;;:IE 5 -Wil , SHo Vi'+ NIAV hAVE BC-EA REDUCED UY Pgl[')CLAIMS I CO Pot ICY-EFfECTIVE POLICY CYPIRATFON I lulls I :YP►1F;rl;;r:4s!;C[' PV:I[v�lUFANEH Tµ I:AiL lh(A"LI[!"r UAIL .'•7 h!a%ir.'1!: _ i GENERAL_IAUILIT Y --_- -- .. - ~----^ T '0FNE?4L A•aGRF I E S /c(iou ()()o a [(.•.IAIEPC ALGLACRltLL!.&LITr 51,13(}0,(to(; +a UAIW+ NA17E r, fX;Cl-n. rVl' ;,(,-SLLj4:)F-i 't!�[�(,` //G[9 !'fRfiOnA: s AD%' !NjU-tY 31'000,000 CC•'::.rini;Tr)a y i I'r-T - 'rACI+Cw(:UF•r.L'Ni.°.: � I�U7Ls,OtiU. F!RF r)A1.I A(: sRnr on.llr6) S SV�UVO. I ' (x,;,,.•w uwr, g 5,u0f). A7Tv+?OOrL�:ta[lntTY MIT 3 APPROVED AS TO FORD: ,�vr Por:cn GA IL MUTTON eoulL•it„uN r;r N eNWVFfI 0.1.7,;e CITY ATTORN (Frr•�«ae„17 y .�- -De.put3�G.i�t_Attornoy - ' P.ifr-f5`;LIANI11y ------ - - EACII')(;f IIIFEtI e S J V.rS��i I A-111• I ----W(IMkCH'3 GO�PFH`vAIIr�H---�`• --- -_ �_� `iT%•TUTO:IY L;M:I'S - tAC„ALOOF-:T s I AND LIISCASE F•OLIfY L1hII1 S 1 YIPLAVFRR't IAIAit t7Y Y�CIr HIM DESCRIPTION OF OPERATIONSiLOCATION"F...H1r:LtAr9uI CIAL ITEus -(:(Jl il'AI4Y 7:0 L S'UL WIGIAT- 1 l-WKSU:,t.i4 • I,;tu,LNIU LLhTl i(,ATl. ' AS 'Lli).+ILL 1ir:7i+IiI.0 tiivrc�:i5 :: �tc�:iZI( li5 - *33 } 1rAS U lfik iiiSLiL3 61i� - r i --;r r " PA'�INLNT' OF �I(Jai L Ur �,A::Li.l...n 1+1"r .ii�L.l. '41�1:.L L-n... F1 lIr 't-it. 1:�11ti71 (�}' (.11=ii,L..,i1it1.(}:' kUh li(Ilt 7 )lii:�lilPi ll:t rr !if LJA• Z> wi. :l idi 60'riCi: ArrLi4S. CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIC5 BE CAyCELLED BEFORE THC 1riY l► lii;l.i>i.11l'(i.< ±ii.ls(:1: EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL UOU i Lnu;,' S' "el MAIL *3(1 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ibl1 TLil'610i, :LAU, CA 9: t,40 ,� LEFT- -IBM li"w1up AUTHORIZED gCIrR[3FNTATIVE - ' � . - '!: .. v -`l' � e•,ECInpl71C�BAAASTIO�I 1lfA0 -7 T E'_ N 14-7 1 -_1-1_! 2. ':'P.r- 4 - 7 4 1-1 F- STATE P.O. BOX 807, SAN r AINMGO. CA 94101-0807 FUND CFFMFICATF OF WORKS S' COMPLNSATION INSURANCE JUL Y 1 , 1k 1990 POLICY NUMBER CERTIFICATE EXPMES CITY 6V 11UNIINGTO1.- ftLACII k'I Sf� 1-1AhAGE,'-1L' VT - A'T I E 1'11 10 1, : JUL IL F1 T I Eh) LE ;'COO fiAlll STALE I tj i. I I Th.t is to certify tfidt vve have Issued a va: d Wofker$' Compensation insurance policy in a form approvvd by the Galifornia 1r-$j,rSnfe Ckiinm;ssioner to the employer named below f<x the policy period Indicated, �u T?),s f-flicy is not iub)ecl to cancel;al!on by the Fund exr pl wjon trrX days'advance written noiice to the enipluyi-i . 0 ,iiiVp Wi I I also I;Ve yf.,.,, TRN clays'advance notice shOL110 V) c policy be ranceiied prior to its nOrmal exprotluil- This certificate of insurance is not an insurance policy alind doet not amend, extend Or after the coverage afforded by the pot-cies fisted herein. Notwithstanding any requireme+ term. or condition of any contract or other document with respett to which this certificate of insutenCe may be; issued or may pertain, the Insurance afforded by the polic'ej de-cribed tiefeir) is s,i1)jPct to alf the, ttrms, exclusions an condil,ons of such policies. INI'LOYLV ' S L IA[,] I I TY L 11-11 T , T3 OUO , 0110 Pf k 01-0);1H ;Jj_1 i. i.,;.-insErou our f 2065 ENTITLED CLIO I F ICATE MiLbEk 1101 1 u I.'F V I-C i IVL 1;1/I U IS It TTAC IfE 1) T L) AND F Oji M 5 A VA 10 OF Tll I I't;1 IC.Y . APPROVED AS TO FORA:; GAIL HUTTON CITY ATTORNEY ByDeputy I-11CIIALL N . KELI I L I K I OBA : . SPLC BUILDERS 25041 EANIAkT ROAD LAGUNA HILLS CALIFORNIA 92653 L L cGF 1�. -:10 Ii�: 15 pi713 t-11LEY- Ir•1'=..'� ` 0-5 pia THIS ENDORSEMENT-CHANGES THE POLICY. PLEASE REAn IT CAREFULLY. AelTIONAL INSURED - OWNERS, LESSEES ce 20 10 111 e6 law 0 amouaft A OR CONTRACTORS (FORM B) COMMERCIAL GENERAL LIABILITY This enaorsement r110(1111es Lr;-;.:rznce pfoviclec ;nde toe Iollowrng COMMERCIAL GENMAL .ABILITY COVLRrGE-PART l SCHEDULE Name.of Person or Organization. CITY of HUNTINGTON BEACH 2000 -A IN STREET BEACH, CA 4 648 (It no entry appears above. inlorm4!ion required to complete this endorsement will De shown in the Declarations as applicable to this enaorsement.) WHO IS AN INSURED (Section If) is amended to rncl-ide as an jnsu.,ee the Der,on or organizat;on sriown in the Scheduie. out only with respect Ip Ii&hty arising 0-,I-of "yot,r wort" Ior thzt insu,ed by oc for ti•ir; C3ryrfgn1_ rnSuranc°Services Crrice_ me 1984 TNS It!RrT-1 NIKE KELIILIK1 DBA: SPEC BUiLUERS 4 POLICY: ni--CC- 519408-1 s .'y i x r 1 - PEE i WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH CC-744 Office of the City Clerk P. 0. Box 190 Huntineton Beach. Calif. 926AP NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Spec Builders, 25041 Earhart Road, Laguna Hills. CA 92653 who was the company thereon for doing the following work to-wit: Remodeling of Fire Training Tower and Burn Room located at the Joint Powers Training Facility on Gothard Street, Huntington Beach, CA. , Project CC-744. Owner.: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 That said work was completed by said company according to plans and specifications and •to the satisfaction of the City Engineer of the City of Huntington Beach and completed and that said work was /accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on August 19, 1991 That upon said contract the The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 20th day -of August 1991 . City Clerk and px-cfficio Cler of the City Council of the Cit of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio Clerk -of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach, California, this 20th day of August 19 91 . This document is solely for the ' official business of the City of Huntington Beach, as contem- City Clerk and ex-offici47�,- I k plated under Government CodeSec. g10�3 and should be recorded of the City Council of t -i ty tree of charge. of Huntington Beach, California WIEN RECORDED MAIL TO: g � 460M CITY OF HUNTINGTON BEACH CONFORMED C 0 P YCC-744 Office of the City Clerk Not Compared with Original P. 0, Box 190 Huntineton Beach. Calif. 926AP GJ DAM $ NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of f $ the City of Huntington Beach, California to Spec Builders, 25041 Earhart Road, Nt _ laguna Hills. CA 92653 who was the company thereon for doing the following work to-wit:Remodeling of Fire Training Tower and Burn Room located at the Joint Powers Training Facility on Gothard Street, Huntington Beach, CA., Project CC-744.Owner: City of Huntington Beach 2000 Main Street S MF Huntington Beach, CA 92648 R DE-13 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY,CALIFORNIA That said work was completed by said company according to plans and specifications 4:00 and to the satisfaction of the City Engineer of the City of Huntington Beach and PIS AUG 26 1991 Completed and that said work was/accepted by the City Council of the City of Huntington Beach Q�51�ReCor* at a regular meeting thereof held on August 19, 1991 That upon said contract the The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 20th day of August 1991 , City Clerk and ex-officio Cler of the City Council of the Cit of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach, California, this 20th day of August 19 91 . This document is solely for the C�"'"'K► official business of the City teel�zl� Z) of Huntington Beach, as contem— plated under Government Code City Clerk and ex-officio C k of the City Council of the elity See. 6103 and should be recorded of Huntington Beach, California Nree of charge. REQUEST FOR CITY COUNCIL ACTION Date August 19, 1991 Submitted to: APPROVED BY CITY COUNCIL Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator �~ 19 Prepared by: �ouis F. Sandoval, Director of Public Works Y c PIM Subject: Michael P. Dolder, Fire Chie TRAINING TOWER/FIRE BUILDING AT JOINT POWERS TRAINING CENTER; CC-744 Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The renovation of the training tower/fire building at the Joint Powers Training Center is complete. RECOMMENDADO 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion. 2. Authorize an appropriation of $6,628.00 from Fiscal Account R-JP-8-31-00-FR-304 to complete additional improvements to the facility. ANALYSIS: On June 4, 1990, Council awarded a construction contract to Spec Builders for the renovation of the training tower/fire building at the Joint Powers Training Center. Construction of this renovation project is now complete per the approved plans/specification. Therefore, the Fire Chief and the Director of Public Works recommend acceptance of the improvements and request that the City Clerk be authorized to file the Notice of Completion. Although the project is complete and ready for Council acceptance, six existing door frames need to be replaced; a protective block wall should be constructed around the second floor control panel for the burn unit; and a hatch opening on the third floor should be framed--out and enclosed. This work was not included in the contractual agreement with Spec Builders; therefore, staff has obtained competitive bids for the completion of this work. Based upon the low bid amount of $9,585.00, the Fire Chief is requesting the authorization to appropriate an additional $6,628.00 from Fiscal Account R-JP-8-31-00-FR-304 for this purpose. These funds will be combined with unexpended revenues of $2,957.00 remaining from the training tower/fire building renovation project, to cover the amount of $9,585.00. The cost of these remaining improvements are less than $10,000; therefore, the work will be contracted and paid for on a Purchase Order. Plo 5/85 _ =. RCA - Training Tower/Fire Bldg.; CC-744 August 19, 1991 Page 2 The final costs for the contractual work completed by Spec Builders is summarized as follows: Council Approve Actual Cost Contract Costs $90,000.00 $90,000.00 Construction Contingencies/Incidentals 9,000.00 6,043.00 TOTAL $99,000.00 $96,043.00 (1.) L Construction Change Orders and incidental expenditures included the following additional work: installing a protective stainless steel shield over the electrical conduit to the burn control panel, installing electrical warning lights at entry doors to burn room, replacing the existing gas line to the burn unit, removing spalled concrete from the second floor ceiling, covering increased cost of construction steel due to delay in progress of project by the City, and obtaining architectural assistance during construction (i.e. these services were not included in design agreement). FUNDING SOURCE: Funds of $99,000 were obtained from fiscal account R-AA-6-10-00 (Joint Powers Training Center). Actual contract costs of $96,043.00 left an approved project balance of $2,957.00. This amount along with the requested appropriation of $6,628.00 from Fiscal account R-JP-8-31-00-FR-304 (Joint Powers Training Center) will be used to complete the remaining improvements. ALTERNATIVE ACTION: I. Deny acceptance of improvements. 2. Deny the authorization to appropriate $6,628.00 from Fiscal Account R-JP-8-3140-FR-304 for the completion of the remaining improvements. ATTACHMENT: None MTU:LFS:DRN:dw 3008g/14&15 BID BOND RECEIVED BY: yeas er's f f ice INDEMNITY COMPANY of CALIFORNIA BID BOND BOND NO.. 1 1213-22._ KNOW ALL +IMEN BY THESE PRESENTS, That we, MICHAEi. KEI.IILIKI llBA: SPEC BUILDERS as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorizers to transact a general surety business 'rn the State of CaliforrSra. a$ Surety, are held and firmly bound unto CITY 01' 11UNTINGTOLN BEACH [hereinafter called the Obligee) in the full and just sum of '_Celt Percent of Che amount-h-d—Petiai4.-nnr rn PxrPPrr s-a4oa _ .10% of the Dollars, f$ 1moulit b i d ) for the payment whereof in :awful money of the United States, vre bind ourselves, our heirs, administrators, executors, successors anti assigns, juintly and severally, firmly by these presents `+VHERFAS, the said PRINCIPAL has submitted the acccmpanyinq hid for Fire training tower and burn room remodel NOW, THEREFORE, if the said contract be timely awarded In the Prinripal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give band, with surety acceptable to the Obl+_gee for the faithful per formance of the said contract, then this obligation shall he void.wherwise to remain in full force and effect. Signed and Sealed this 19th day of APRI1, 199 _- I CINDEMNITY COMPANY of CALIFORNIA '11ICHAL - KP .11LIKI llBA: SPEC BUILDERS M. SOSKY Anorney-in-Fact * �iCC 307 nEEV W8E+ POWER OF ATTORNEY OF N2 045164 INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P 0 BOX 3343,ANAHEIM.CALIF 92803 (714)999-1471 Al.l.MI-N Of -,?LSF. F`-'-ESE'4."9 rr':jI. except asIfaweti. INDEMNITY COMPANY OF CALWORNIA anti DEVELOPERS INSURANCE COMPANY, du each 5evnfatly but;ni ii-rilly 1wrOw rndki, c(,nm.:u!V and appomt,,*DAVID L. MILLER, PAULINE M. McLEAN, M. SOSKY, K. BECKNELL. LIANNE M PAYSON, PAT PERAZA, MARY ELLEN LARA, ESr,4ERALDA URENO, JOINTLY OR SEVERALLY... Thu tr,,jP and i.jw'ul Att0rrs!v;!)l-r.-Fwi to•-a%P exi-cule rl;!Iiwer ano acknow;(x(le.!o,ci-W Or O':11"lt"I ei"-'c'f"a.d 5uri!lieS bonds.undefl.dkir-g-,and ronIqjctSOf surety5iiip In ar ai-iourit nol c-epc-.,4 if 1,C0.000 n in-i so-.fj�e i,noe,laking.ii v,-iQ and orora rig );ll(j [-,It power and auttloroy Tudo a-d to pefloffn every act rewoca- le r ssary I 6 4 paCh CI 5,io((-.1 1)1)r;itior-S lull power(itsuhsiautionari(i C .rer-y5i�Pol !o 1;�(.,joeo,Conrreci dn.hk.1 . . ion and j I I of ;I CIS(,'5A.Cl A rt(.Ir P,is. F eici L)j,,-,An I To these prt-SenlS.are hi-rUby raid ied and( )I.!rrnecl The At,ML-lity and p(jwe.,%C�rl-fer,fi:0, '?-,PO'-ci r,I Attorney rlo n.)l IQ Zir) 0!The ini:owint;bCorls. Q1 -jrelysh;() Bank(leijoSilory!,orals MO(IL;age it fic•t-r-cy h(rids.mcirigage quaran.1c.-P nwios.;itidraidei-1,-)I in-, on'e bunds.ponds(in financial institutions.lva5e bonds.insurance companyrj..-alaymg boncis.sell ii)%Urer'S hOnOS I!c!el tv!,onrS Ur tjU,105 This Power M Ar!;)rnej 15 q,,triled ai'C 15S1qf'4t:d I-V IdL5-11-UF-0cf-Ifld 1)" -.1 1hp.4.),low-C'I :z7')Pt1!d 1 0 1-1 "-%0-1--ROA-0%Of DoeLIO:-.O:INDEMNITY COMPANY OF CALIFOAN[A and DEVELOPERS INSURANCE COMPANY.ette(,!ivi:as ,1 24 19t5t., jlF-.S0j VEC) ll,,Jt the C;riailrn3r..-I r:-c fj ari;.1-.e Pri-sije-il and zi-,y V ce W I'"t;corporjoinn!;I:.::-ic milt of Iik;I(!by C.Ablh,)r;7T60 lu PQ—nrs of A11010ey. (41MMY'nQ the aIIL'I"eY4'l oalviezj—'heFowpic,of Attuinow 10 cxVLUIP.01'b0h.01 01 hollob iiflde(IAKirqcand L.QrivactsW su,eIvsl`-1;).and that We Secfela'yor anv Assis tjr.i Secre,.jq,v -..1!1,4: 1.- .,)(:vo:,1 61!he-14"Phy is.-oghorited ii v-P,i!.-L;ii()n n' ,Ir,.y corji Puwv.,ni Aoc'rey RESO.VED FUHTHEF4 'q cjr1i Power Cis Alturnpio, the,pro t)y lacsimile.aid anysuCh POwe,0!Allot- Iley or Ce'1111C.1 IP LiCdr-ej sbcn 16(.5"all a sic;n.111i-es Shall!jP�al d andbir.m3o--o onm,rni-for po,j!,,)ii wnp,,se.-.tit'.Co qrw-r hnp'ut-re-:1-respect to i rw bond unde,Ijkin4)ur(,,j,ntracIof S-ifelySh,;)to wninr)it is alljChiL-d INWITNESSWHEREOF-INDEMNITY COMPANY OF CALWORNIA and DEVELOPERS INSURANCE COMPANYt,.a-wP respoc- Two Prr!%ioenis Ano itipster by the-I reSL,ertwC'SACfeMfiec. trii5 2nc di,;of Januijr.. 1090 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 13Y G(!rai(j A Sal.;VaCjead PrPS,Ovit fieraid A f,:aJVUqk?aU.Pfasioent .%q A ig < —j7z— A, V:T 1-j� WAR 2T. j,I ATTEST A.fLSf 00 cl lalig F r, by flar')-r- C.-Owe) "PC!e)avY Spcfera'y S TA.E OF CAI iF ORNIA 1 C,DU"i, OF ORANGE. On January 2. 1990.be!o,e-.0. ne ur-rlP:SiqneLj• a rJjtjr-j PW;I L ir.and ior snit ��tal�. personaliv ;,r;pi:arC-r,Gw;ild A 3n,jvayeau drid Harry C Crowell. personally known To me(or pri)v(fa to me on the basis c%'5jj:is'acIr)ry v-dence1u)he w.e persons wnQ executed The within o5[r.jj-­jt as Pj,S,dt;f'.!ono Sei;retaov On boliall of Indemnity Comprine of Califul nis And as President and$w ,etary on ber,jjll ol;>"cluppis Insurance.(.(,mpany.,.he Corporal,ons ll—lo-—iwc-d.and in mL Thai the rnrpofations exoctjted it VVIYNFSf;my hand 11rij n1licia)se,l 0, OFFICIAL SEAL VIRGINIA M LOILIMAN NOTARY PUBLIC-CA.LLFORNLA rl,)L.,ry PUN,L PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp.Apr. 9 1993 CERTIFICATE Ine tjoder&qned. as Vice PrOSICIV.111.01 INDEMNITY COMPANY OF CALIFORNIA,and Vick!Preside-d of DEVELOPERS INSURANCE COMPANY,aces nerPhy Cert4y that!ne foregoing anii artached Power cI All.o.rncy-C'^joiS in full lofco and has not been ririvijk"J.and flirlhPi'more.Mat ii-P ptovi5.cins of the resulUtior'A of the respect-f-Boards uI Dirnclors 01 5aicl rc)rpo.,a!:OnS Set tuitt,in the j)Cwe;ol Attorney are in force as uf thp date of this Cerlit.clite I his CeirlitiCate is ex(gcuzco in the(,Ily of Anaheim Galilormil this 19 t li-oav ui AP R1 L INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 4" By ocl A, OJ 1 t3y I C F-eoiger L Senior Vice Prps-dero 'Irr) Sernor V.Le P,es.cent M-310 REV 12/89 RECEIVED CITY CLERK CITY OF IIUNTINSION 8EACH,CALIF. APR Zq Z € o PH '90 06, NJ TO Z hl vav . �IlW9'HOY39 h00MU"fam VY315 ADD 5fei�ll���k7 i r REQUEST FOR CITY COUNCIL ACTION DPw CZ � r r\1 - Date +,7une -4, ,n r — Honorable Mayor and Submitted to: H l M City Council Y Y �' Y n rah NJ Submitted by: Michael T. Uberuaga, City Administrator ( o Prepared by: Raymond C. Picard, Fire Chief/Louis Sandoval, Public Works Direct ALLOCATION OF FUNDS do ACCEPTANCE OF BURN ROO �' �� Subject: APPROVED By CITY COUNCIL �Consistent with Council Policy. [X Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative AM STATEMENT OF ISSUE: Revenues received for use of the Central Net Training Facility must be appropriated by City Council in order to be used for facility operation or improvement. Action is requested to appropriate funds for construction of a Joint Powers "Burn Room." RECOMMENDATION: 1. Appropriate $99,000 for construction of "Burn Room." 2. Approve the single bid for reconstruction of a "Burn Room" submitted by Spec Builders and authorize the Director of Public Works to execute an appropriate construction contract in the amount of $90,000. 3. Authorize the Director of Public Works to expend, if need be, an additional $9,000 for construction contingencies and anticipated project "incidentals" as funds become available. ANALYSIS: Use fees are collected for use of the Central Net Training Facility. This facility is owned by Huntington. Operation of the facility is cooperatively managed and funded by Orange County and the cities of Fountain Valley, Huntington Beach, Newport Beach, and Westminster. By agreement, revenues derived from the facility are used for maintenance, capital improvements, and equipment related to the Central Net Training Center. The Central Net Fire Chiefs have determined that a portion of the accumulated Central Net Training Center revenues should be used for reconstruction of a "Burn Room." On March 19, 1990, Council approved plans and specifications for the renovation of the training tower/fire building at the Joint Powers Center and authorized the Director of Public Works to solicit bids for construction. Bids for the "Burn Room" project were received and opened on April 24, 1990. A single bid was received from Spec Builders who proposes to build the facility for $90,000. The Joint Powers staff, the architect, and City personnel were concerned about the fiscal justification of awarding a contract to a sole bidder when the bid total exceeded the architects estimated by $23,000. Therefore, the architect and staff met with the contractor and discussed in detail the project cost breakdown. Specific cost estimates are directly attributed to the V Pto 5185 Request for City Council Action May 22, 1990 Page 2 cost of torten steel. While other steel is available, only the torten has the life expectancy required for this use. Other elements of the bid were in concert with the architects estimated costs. It was mutually agreed as a result of this discussion that due to the exotic nature of the job, it is likely that nothing would be gained by readvertising the project. With the exception of the $9,000 contingency requested, all funds discussed in this request for Council Action have been received from users and deposited in Huntington Beach holding account. The additional funds are anticipated as a result of July 1990 billings. Authorization for an additional $9,000 is sought at this time with the understanding that these "contingency" funds would not be spent until and unless the monies are obtained from Joint Powers revenues. FUNDING SOURCE: Use fees collected from other than Net 6 jurisdictions using the Joint Powers Training Center which have been received by the City of Huntington Beach and deposited in account R-AA-6-10-00. ALTERNATIVE: 1. Sole bid for construction of the "Burn Room" could be rejected and the project rebid. 2. Bid for construction of the "Burn Room" could be rejected and the project canceled. 3. Authorization to expend up to $9,000 for "Burn Room" project contingencies could be rejected until funds are actually received. ATTACHMENTS: None ,%4TU/RCP/LS/MM/sr 0361 f BID PROPOSAL BID PROPOSAL FROM 'U ` "� Firm's Name To The Honorable Mayor and City Council City of Huntington Beach, California In compliance with the notice inviting sealed proposals for the Fire Training Tower and Burn Room Remodel City of Huntington Beach, California 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 materialmen through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use 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 therefor at the following unit prices, to wit: Item Approximate Item with Unit Price Unit No. Quantity Written in Words Price Total 1 L.S. Fire Training Tower and Burn /� �� , Room Remodel / TOTAL 90 000 . --T 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 than those shown herein at the unit prices bid in the pro- posal schedule. The undersigned understands the contract time limit allotted for the contract is 90 days. Huntington Beach Fire Training Tower P-1 • L• 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 with 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 contemplataci, the plans and specifications, and the proposal 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. (�,,�J Accompanying this proposal is �71Q ��-' F (s q 1400 - ). NOTICE: Insert the words "Cash", "Certified check", or "gidder's Bond", as the case may be, in an amount equal to at least ten percent (10%) 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 ail 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 to the City within ten (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 accordan with an act providing for the registration of contract License No. 5-o a Signature of Bidder ` p� Business Address: O �l+'� �� Gf/y A— Place of Residence: �Qw,-�' Dated this day of 19 4? Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's 3ionature Huntington Beach Fire Training Tower P-2 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: s�ac- t�� 2. Address: '7�=�?u� �9 �6�� :1 A.6q t 6t 3. Telephone: L71!t Z Zd 4. Type of Firm (Individual, Partnership, or Corporation): 4-PID1 DfQa10 5. Corporation Organized Under the Laws of the State of: 6. Contractor's License Number: 9^ 3S659 9 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 Amount Work Completed Name, Address and Phone No. of Owner �.J ' ► � �Q� 17C1�'l �v `,'G o®o f. 10. List the name of the pe sory who e teS�-tjbe site of the proposed work for your firm: if Date of Inspection: /�-- 1 i 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. Huntington Beach Fire Training Tower P-3 DESIGNATION OF SUBCONTRACTOR In compliance with the "Subletting and Subcontracting Fair Practices act" being Section 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 services to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent (1/2%) 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 any portion of the work to which llu subcontractor was designed 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 r By submission of the proposal, the contractor certifies: 1. That he is able to an 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 subcontractor for this project. Huntington Beach -Fire Training Tower P-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER f / AND SUBMITTED WITH BID (/t .E `(G il / , being first duly sworn, deposes and says: 1. That he or she is C ���' -- 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, associdtion, 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 biddin;; 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 corpora- tion, 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 Califor- nia, that the forgoing is true and correct. ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE Huntington Beach Fire Training Tower P-5 NOTICE INVITING BIDS Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City all, 000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on I Z at which time they will be opene ublicly and read ud Aefts the Council Chambers for the i { �zssttr $urK 49-44_ in the City of Huntington Beach. A s t QQf plans, specifications, and other contract documents may be obtained on Z,0 , 14SLO at the Department of Public Works, 2000 l 'n Street, Huntington Beach, California, upon receipt of a non-refundable fee of$-Z6 W Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to Iabor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 19 of140. Connie Bro!Zkway, City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328G .4 NOTICE INVITING SEALED BIDS CC-744 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the Fire Training Tower and Burn Room Remodel in the City of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents wi 1 1 be available on March 20, 1990. A charge of $25.00, not refundable, wi 1 1 be required for each set of specifications and accompanying drawings. In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works► City Hal 1 , Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above quantities 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 Director of Public Works. All bids wil i be compared on the basis of the Director of Public Works' estimate of the quantities of work to be done. Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shal 1 be sealed and filed with the City Cl erk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before April 24, 1990 and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 7th of May, 1990 at the hour of 7:30 p.m. in the City Council Chambers at the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of May 7, 1990. NOTICE INVITING SEALED BIDS N-1 r The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. Fy order of the City Council of the City of Huntington Beach, California this 19th day of March. 1990. ATTEST: Connie Brockway City Clerk NOTICE INVITING SEALED BIDS N-2 a A `OF NOTICE INVITING SEALED BIDS CC-744 Notice is hereby given that the City Council of the City of Huntington Eeach, California will receive sealed bids for the Fire Training Tower and Burn Room Remodel in the City of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents wi l 1 be available on March 20, 1990. A charge of 525.00, not refundable, will be required for each set of specifications and accompanying drawings. In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shal l determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the off ice of the City Clerk and the off ice of the Director of Public Works of the City of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall , Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above quantities 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 Director of Public Works. All bids will be compared on the basis of the Director of Public Works' estimate of the quantities of work to be done. Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. Each bid shal 1 be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before April 24, 1990 and shal 1 be opened by a committee composed of the City Clerk, the City Attorney and Director of Public works or their authorized representative and the results of said bidding wi11 be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 7th of May, 1990 at the hour of 7:30 p.m. in the City Council Chambers at the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of May 7, 1990. NOTICE INVITING SEALED BIDS N-1 i The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. E•y order of the City Council of th© City of Huntington Beach, California this 19th day of March, 1990. ATTEST: Connie Brockway City Clerk NOTICE INVITING SEALED BIDS N-2 ci .a SPEC BUILDERS Laguna Hills,CA 92653 - fig' /� ', •• �'' r �'•�� � - r 1 1 rI , REQUEST FOR CI COUNCIL ACTION U-1 D Date March 19, 199d- Lu�7n,E LroM� Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrator AAte�,, .. Prepared by: Louis F. Sandoval, Director tf`ls c Wor Ray Picard, Fire Chief ICITY c[,e x Subject: TRAINING TOWERIFIRE BUILDING AT JOINT POWERS TR CENTER; CC-744 Consistent with Council Policy? J ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Plans and specifications for the renovation of the training tower/fire building at the Joint Power Training Center are complete and ready for bidding. RECOMMENDATION: 1. Approve the plans and specifications and authorize the Director of Public Works to solicit construction bids. 2. Approve the attached contract subject to award of contract to Council approved lowest responsible bidder. 3. Authorize an appropriation of $67,000 from Fiscal Account G-UU-FR-304-2-25-25 for this contract. ANALYSIS: On August 22, 1972, the Cities of Fountain Valley, Seal Beach, Westminster and Huntington Beach entered into a joint powers agreement (see Exhibit A) for the construction of a central fire training facility at 18301 Gothard Avenue, Huntington Beach (see attached location map). The facility (built, financed and administered by mutual agreement) includes a five-story training tower and fire building. This tower structure, built in 1974, has been substantially utilized; thereby resulting in a general deterioration of the concrete walls and steel flooring. The tower continues to be an integral part of the fire training program; therefore, on July 7, 1988, the Mutual Authority agreed to hire an architect (see attached minutes) to prepare plans and specifications for renovating this structure. Anthony & Langford Architects were selected and have completed the plans and specifications to the satisfaction of Joint Powers staff. Therefore, the Fire Chief and the Director of Public Works request approval of the plans and specifications and the authorization to solicit construction bids. This request is sought provided Council concurs with the following stipulation: That the attached project construction contract be approved by Council subject to the award of a contract to the Council approved lowest responsible bidder. r� PIo 5M RCA - Training Tower/Fire Bldg. at at Joint Powers Training Center; CC-744 March 19, 1990 Page 2 FUNDING SOURCE: In accordance with the Mutual Agreement, monies have been collected from each city participating in the use of the training tower/fire building. Funds totaling $76,629.00 have been received and set aside in Huntington Beach fiscal account G-UU-FR-304-2-25-25 (Joint Powers) for this project and similar needs as they occur. The estimated cost of this project is $18,400.00; therefore, substantial revenues are available. ALTERNATIVE ACTION: Deny approval of the plans and specifications and forego the renovation of the training tower/fire building. ATTACHMENTS: 1. Agreement for constructing a central fire training facility and Operating a fire training system. 2. Project location map. 3. Minutes approving renovation of training tower/fire building. 4. Construction contract. MTD:LFS:DRN:dw 2342g/8 i r r AUENOWNTS f4 CIRCULATION PLAN OF ARTERIAL STREETS AND HIGHWAYS •... w1 •.., A00PTED BY CMY COINCL - -I PESOLUTION NO 4W—DEC 12.1976 e LEGEND ; FREEWAY STREET CAPACrrY +4c1• - I MAJOR _456000 I \ PRIMARY .3Q000 -- ' — •� -- SE�ONDARY .2CL000 NOTE / 5O1 I-- LINES -,OIC+'L Ex:S T+K. R(.'of Of*A. I.C' YF:C O� wa. :FS-EC f W + :$75 aRia.S w1.0 RC NO I f�c7.]€ L L 00r —r' %� r CITY OF ' HUNTINGTON BEACH ORANGE COUNTY CALIFORNIA \ r 7 ram' r NET SIX JOINT POWERS Mailing Address: P.O. Box 190•Huntington Beach, California 92648 AL NET SIX CHIEFS HEEIM C NE U= OF July 7 , 1988 DISIATI3UULION: 10fri'149ICXi FFACH FCINEAIN VNI Y WEStRINSgR CPARZ CIY !EWCOT Bel PICARD JCRGENSEN SONT TINT$ lE� 1FJJR BAIT. QI1g'S MATT'. QUM 6&JkW .lONES GE MACH KELSEY 509,AG R BAIT. CHIEFS NINION I#NII,FY, R. KEITH S I HERLY SURO K SHIFT ULK MMIS GROAT PRESENT : PICARD , JORGENSEN . SCOTT. REED , GCRSf ACI1 , ARNOLD , K£IT[t ,ROCKWELI. 1 . u222 Expenditures - Gerspach Moved to approve $ 7200 for architect fens for the Burn Room and $650 for Super Gen - Broadcast Quality . Motion made by Chief Jorgensen and seconded by Chief Reed . Passed . 2 . Policy - Keith Policy I) 1 - Net 6 Company CoVeragC signed by Chiefs . 3 . CAD/ RMS - Picard Further negotiations on costs . Consideration of McDonnell Douglas and PSSI as vendors . Vendor visit anticipated . 4 . 1, t11 of July - Picard Much better conditions this year regarding fireworks . Traffic problems a [ Milesquare Park in Fountain Valley . 5 . hazardous wastes - Scott 1i spa tc lie rs should respond Fire Companies in reported incidents . including oil spills . transmi -,sion fluids . 6 . Tactical Dispatchers - Scott Moved to set up parallel organization wjth Net b Chiefs as Advisory Committee and Steering Committee composed of Battalion Chiefs . to work wi [ lh Communications . Respectfully submitted , Diana Rockwell Net 6 18301 GOTHAFID STRCCT-HUNTINGTON BEACH, CAl_IFORNIA ? - 1 OINT POWERS TRAINING & COMMUNICATION CENTER FIRE PREVENTION • FIRE FIGHTING • HAZARDOUS MATERIALS • PARAMEDIC NET SIX CHIEFS' MEETING_ MINUTES Date: May 25, 1989 Time: 1030 Hours Location: J . P.T.C. ---------------------------------------------------------------- PERSONNEL IN ATTENDANCE : PICARD, JORGENSEN , SCOTT, REED, STONE, PETRUZZIELLO, DALTON,HELLER, GERSPACH, SCHLAGER, KEITH, ROCKWELL GUESTS: Mark Miller, Eire Headquarters ---------------------------------------------------------------- ---------------------------------------------------------------- REVIEW OF PENDING ITEMS TOPIC: 1 . Burn Room (Net 6 ) ACTION: Chiefs signed letter to Anthony and Langford approving .installation of a flame safeguard system at the lower level Burn Room. Cost- $18 , 400 . DUE : WHO: Gerspach DISCUSSION: TOPIC: 2 . Policy B-5 Fire Company Response (Net 6 ) ACTION: Motion made by Picard and seconded by Scott to approve revision in Policy B--5 as follows : III . " A. When in an available status in the field, fire companies shall maintain a continuous monitor of the dispatch subfleet- "3-DELTA" . Units in training mode should maintain some form of communications contact with dispatch. When in station , all station radios shall be tuned to the dispatch subflect . DUE: WHO: Picard DISCUSSION: Policy to be submitted to OPS Committee for further study . 18301 Gothard Ave Huntington Beach • CA 92648 • ( 714) 536- 5414 Fountain Valley • Huntington Beach • Newport Beach Orange County - Westmislster TOPIC: 3 . Budget (Net b ) ACTION: Motion made by Picard to approve budget revisions . Seconded by Scott . Passed. DUE: WHO: Picard/Miller DISCUSSION: Modifications in individual city budgets discussed . TOPIC: 4 . CAD-RMS Implementation Date ( Net b ) ACTION : Goal date - July b , 7 . WHO: Picard DUE:: DISCUSSION : NEW ITEMS MS F014 CONS I DERAT FON TOPIC: 5 . Central Net Cut Over ( Central Net ) ACTION : WHO: Picard DISCUSSION : Cut over date - .June G . TOPIC: b . Letter to National Academy (Central Net ) ?ACTION : Ch1efs -, irtnrrl let I pr- ..„►t- I :- 11-1 part. zc:ipaLion in "Train the Trainer" program. WHO : Olson DISCUSSION: t -3- TOPIC: 7 . Paramedic Master Plan ACTION : DUE: WHO. Jorgensen DISCUSSION : 11B Council has directed 5 minut.f, - 80% response- 4 vans . Private Sector transport, . Respectful Iv S/ubunjLLt-d C Diana Rockwe l I CENTRAL, NET r JOINT POWERS TRAINING- & COMMUNICATION CENTER FIRE PREVENTION • FIRE FIGHTING • HAZARDOUS MATERIALS - PARAMEDIC NET SIX CHIEFS' MEETING MINUTES - Date March 2, 1989 Time 1030 Hours Location Joint Powers Training Center ---------------------------------------------------------------- PERSONNEL IN ATTENDANCE PICARD, JORGENSEN, SCOTT, REED, STONE, PETROCELLI ,C.M. F.D. , HOEFT, S.A.F.D. ,GERSPACH, SCHLAGER,OLSON , ROTHERT, ROCKWELL ---------------------------------------------------------------- REVIEW OF OLD BUSINESS ITEMS TOPIC CENTRAL NET ACTION Motion made by Picard to re-designate study concept to change radio indentifer for Costa Mesa and all participating departments . Seconded by Chief Scott . Passed unanimously . DUE DATE To be brought back in two weeks . WHO Picard DISCUSSION Interim Task Force/Strike Team discussed by Chief Petrocelli , Costa Mesa Fire Department, suggested that Net 6 be called Central Net immediately to eliminate confusion. This is to be considered a functional change . TOPIC FIRE ALARM RESPONSE PROCEDURES POLICY REVIEW ACTION Motion made by Chief Picard to re-write the policy letter on Response to Fire Alarm Activations . Chief Reed will re-write the policy letter. DUE DATE Bring back in two weeks WHO Rothert DISCUSSION TOPIC CAD-RMS ACTION DUE DATE WHO Picard DISCUSSION Three terminals have been set up in dispatch. Modifications and loading of information taking place - i .e. , response info. , run cards . mnnsc.m 18301 Gothard Ave - Huntington Beach - CA 92648 - (714) 536-5414 Fountain Valley • Huntington Beach Newport Beach Orange County 0 Westminster NET SIX CHIEFS ' MEETING h?I N F-S Page two --------------------------------------------------------- ------- NEW BUSINESS TOPIC U 222 EXPENDITURE REQUESTS ACT10N Moved by Chief Picard to approve expenditures of U 222 funds for Burn Room repair and replacement of tables and chairs . Seconded by Chief Jorgensen. Passed . DUE DATE WHO Gers[.,aph DISCUSSION Chief Gerspach gave a cost breakdown presentation on repair of the Burn Room, replacement_ of classroom tables and chairs . Chief Gerspach will _J L ; ;gUE-1 . I)I_ :inyc_ iu , h�.�n1. r . I.'. Lori Austin Electronic System . Chr"f Gerspach Alno cl ­"Rsed possibIn —inn camera purchases . Moved to approve repair of repiping fuel valves by Chief Jorgensen . Seconded by Chief Picard . Passed . ": ! ) WO . ,irlt ;f LII XVJ I L IJi :i.}t.i' Ir,d r•' - ,. , Dl!E 1)ATF To be brought flack next week . W110 Olson DISCUSSION Need for designated safety officers to be- identified with vest and to have aut.horrty lei stop dri 1 l , if required , and to take part rn critique . B/C to appoint Safety Officer for Multi Company Pri IlS on a rotational basis for the day . Captain Olson will write a policy on this subject and bri "I L- 1h- r -XI tront. inci . TOPIC MAP BOX CONTENT ACTION Moved by Chief. Picard to set into operation the new maps ng configuration . Seconded by Chief Jorgensen . Massed . DUE DATE' Tentative date s"t. for June 1 . 10f0 Absh i e r UISS'r!ti`; ION [mlilernonfAl ion cif i urnhasr of Than,. Guide- Man; .I nt[ I-�r'r'�I'u��:(`fl Map 11ol jr.v e.. ini'i [li Respectfully submitted , Diana Rock ell Jc. int, Tr.lir► In�� rIIf r "SAMPLE" CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONSTRUCTION CO. FOR THE REMODELING OF THE FIRE TRAINING TOWER AND BURN ROOM LOCATED AT THE JOINT POWERS TRAINING FACILITY ON GOTHARD STREET THIS AGREEMENT is made and entered into on this day of , 1990, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY, " and CONSTRUCTION CO. , hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the remodelling of the Fire Training Tower and Burn Room at Gothard Street in the City of Huntington Beach; 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 RI5K 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 connected with the work, including, but not limited to, all c -1 -. 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 SPECIFICATIQN 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, except as specified herein. 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, except that if there exists any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, this Agreement shall control and nothing herein shall be considered as an C-2- . acceptance of the terms of said bid or proposal which is in conflict herewith. "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 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 $peCifications 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 Department of Public Works of CITY (hereinafter c -3'-: referred to as "DPW") , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 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 . 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 in Sections 1 , 6 , 13 and 14 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. 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 c -41 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 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 DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal , the work shall be performed according to the changes ordered in writing by the DPW 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. c-5 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 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 . BON[ 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 . WARRANT I E S 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. C -6 - 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 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 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 ($ ) 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 in , 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. c -7 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 any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW 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 DPW 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 nowise 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 c -8, 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 . PIFFERING SITE NDITI NS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job 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 DPW 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 Ex n i n 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 c --9: 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 DPW 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 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 DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PEOGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY 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 DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW 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 DPW, less all previous c —lo 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 DPW, 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 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 SATISaFACTIQN QF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW 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 . c -11`� 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, except as otherwise provided herein. 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 arising out of death or injury to CONTRACTOR'S employees and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted 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. Any costs of defense or attorney' s fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by CONTRACTOR or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to California Code of Civil Procedure §1021. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861 , CONTRACTOR acknowledges awareness of §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 . c-12�' 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 accident , One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred and 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; and CONTRACTOR shall , prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. 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. 20 . I N SURADICE 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. c-13 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 CITY for 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) per occurrence limit . 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. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days 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. C--14.' . 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. 21. 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 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. 22 . DI P ITI N QF PLAN E$TIMATE5 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 . C-15 -, 23 . NON-ASSIGNABILI 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. 24 . CITY EMPLOYEES AND QFFICIALS 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 Covertnment_ Code §1090 et seq. 25 . ATTORNEY.'S FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney' s fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses, CITY shall be entitled to 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) 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 . 26 . _MIGRATION 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. 27. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR or to CITY' S Director of Public Works, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows : TO CITY: TO CONTRACTOR: Mr. Louis Sandoval Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 28 . 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 . 29 . ENTIRETY The foregoing represents the entire Agreement between the parties . C -17• 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: City Clerk City Attorney -3� REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator iG,-Director of Public Works INITIATED AND APPROVED: Fire C ief c-18 0RIGPI Al_ COPY � for P-laster File n � 0 C,i' CLERK AN AGREEMENT FOR CONSTRUCT[NG [try Qr• HUNTING TON BEACH A CENTRAi.. FIRE TRAINING FACILYIN AND OPERATING A FIR13 TRAINING SYSTEM THIS AGREEMENT, entered into on the effective date herein- after set forth, by and between the City of Fountain Valley, City of Huntington Beach, City of Seal Beach, and City of Westminster, each a municipal corporation of the State of California, hereinafter referred to jointly and severally as "CITIES. " WITNESSETH: WHEREAS, the signatories hereto have determined that there Is a need by said agencies for a consolidated fire training system; and WHEREAS, it has been determined by such signatories that fire training is of value on an individual and mutual basis; and WHEREAS, a consolidated fire training system can adequately serve the needs of all such signatories; and WHEREAS, it is the desire of the signatories thereto to jointly construct, operate, and maintain a fire training system for their mutual advantage and concern; NOW, THEREFORE, each of the parties hereto does hereby agree as follows: . SECTION I . PURPOSE. The cities each possess the powers referred to in the recitals hereof. The purpose of this Agreement is to exercise such powers by constructing, operating, and maintaining a consolidated fire training system, with facilities and appurtenances necessary or convenient therefor. Such purpose will be accomplishect, and said common powers exercised, in the manner hereinafter set forth :and in accordance with laws of the State of California. S1:CT'ION 2. OBJECTIVE:. To raise the efficiency of the vari.:)us fire departments through effective utilization of manpower and facilities; to naake (lie training process snore naccaningful by providing adcquOtC facilities .and to comprehensive training program; to reduce overall cost 1 by avoiding duplication of facilities :ind ciYort; to standardize the various training programs and improve fire fighting methods by providing a facility where joint training can take place; and to eliminate the training facility deficiency,points assessed against participating "CITIES" by the Insurance Services Office of California. SECTION 3. BASIC PLAN. Construct a multi-purpose training; facility and communications center on a 4. 9 acre parcel of land located on Gothard Street just north of Ellis Street, in Huntington Beach. The portions of the facility to be built, financed, and administered under the joint power authority are as follows: a five-story training tower and fire building; transportation, gas, and petroleum fire fighting props; a field control tower for safety, supervision, and operational control; a 2,000 per minute pumper test pit and master stream collection pit and shield; an outdoor classroom and physical agility course; and training office and classrooms. SECTION 4. SCOPE. It is intended that the use of these facilities will be restricted for the exclusive use of the "CITIES;" any deviation from this policy must he agreed to in advance by each of the parties hereto. SECTION 5. AUTHORITY. The "City Managers or City Admini- strators" of the participating "CITIES" shall govern the terms of the agreement. The "Fire Chiefs" may be designated as alternates. General operational policies shall be determined by the participating city F ire Chief. Day to day operation shall be administered by the Huntington Beach I-,ire Department. SECTION 6. TERMS. This Agreement shall become effective immediately, providing that the City of Huntington Beach has obtained construction bids and the cost to each of the parties has been included herein. After its execution by the cities this Agreement shall continue in full force and effect for a period of forty-nine (49) years. The fimincial obligations of each of the parties hereto are hereinafter set forth in SECTION 7, Items I, II, III, anal IV. Cost of c-011strLIC0011, installation -2- of equipment, maintenance, and operation slta Il be distributed among the four cities according to their participation as set forth in SECTION 7, Items I, II, III, and IV, based on the following general formuhi: The total population (in thousands) plus the total assessed valuation (in millions) of the combined cities shall be the base for computing pro- portionate shares: Statistics for 1972 Population Valuation (thousands) (millions) Total Percentage Fountain Valley 38 80 118 13.2% Huntington Beach 130 370 500 55. 7 Seal Beach 26 79 105 11. 7 Westminster 61 113 174 19. 4 TOTALS 256 640 896 100.oo/0 Future annual percentages shall be computed by using the adopted formula. Population and Assessed Valuation figures shall be determined by using the city's official record as of January 1 of each year. Each city shall be guaranteed use of the facilities optioned, in an amount equal to their percentage as established by the formula. The City of Huntington Beach shall own the facility in fee. The parties to the agreement may continue to use the facilities for the life of the Agreement so long as they fulfill their financial obligations for maintenance and-operation. Cost of administration shall be assumed by the City of Huntington Beach. Financial-disbursements shall be handled by the City of Ilt.tnting- ton Beach. Participating cities shall pay their share of agreed costs by depositing monies with the City of Huntington Beach within thirty (30) days of receipt of invoice. However, initial construction costs may be; paid at the rate of ten (10) percent per-month for ten (10) months commencing on October 1 , 1972. SECTION 7. DESCRIPTION AND COST Item I. - Training Tower and lire Building Description: A five-story building that typically represents con- struction features found in two-story through ►nulti-story high - 3 - rise buildings. Specific will inc•ludc a (Adder and scaling wall, flat and slanting; roofs, enclosed st:iii-way and sillokc lower, windowless rooms, observation tOWL't-, fire rooms, sprinkler system, cellar inlets, breathing apparatus training rooms, ventilation training panels, a variety of window sections, interior dry standpipe, a basement section, an apparatus maneuvering yard, overhead wire training section, and a yard fire hydrant system with both wet and dry barrel hydrants. Agreement Breakdown Fountain Valley 13.270 23,045 ". Huntington Beach 55. 7 97,24. Seal Beach 11. 7 20, 426 Westminster 19. 4 33,869 TOTAL 100.070 $174,580 Item II. - Fire Simulator, Classrooms, and Support Facilities Description: A one-story building and basement that meets federal requirements for an emergency operating center. Specific features will include a command control system train.3r, a fire control simulator, two small classrooms, and one large classroom, a fire library, audio-visual storage room, a fire prop room, and office space from which the training officers from the four cities will coordinate their activities. Agreement Breakdown Fountain Valley 13. 2% 38,854 Iuntington Beach 67. 4 198,392 Westminster 19.4 57, 104 TOTAL 100.070 $294,350 The City of Seal Beach will reimburse the City of Huntington Beach at the rate of fifty dollars ($50. 00) per hour for use of Item II facilities. If the City of Scal Beach desires to fully participate in thr permanent use of this facility (Item II), they may, at their option, p;:y the City of Huntington [leach the amount of $31 , 200. Item II1. - Test Pit and Master Stream Collector Description: A standard 2,000 gallon per minute pumper test pit constructed to meet Insurance Services Association rc quire- ments. The structure above the test pit will have a ninster stream collector shield designed to permit recycling; of the water used during training operations. Part of the available area will he set aside for an outdoor classroom and a physical agility course. Agreement Breakdown Fountain Valley 13.2% 2,748 Huntington Beach 55.7 11,597 Seal Beach 11. 7 2,436 Westminster 19. 4 4,039 TOTAL 100.070 $ 20,821 Item TV. - Freeway Emergency, Gas Transmission, and Petroleum Fire Fighting Props Description: A special section of fire fighting props surrounded by a typical street. Specific features will include a butane prop with tanker, a tanker loading rack, a transmission pipe section with five typical fire fighting set-ups, a gutter section, a one- story control tower, and a street section with hydrants. Agreement Breakdown Fountain Valley 13.no, 5, 501 Huntington Beach 55.7 23, 212 Seat Beach 11. 7 4,876 Westminster 19. 4 81085 TOTAL 100.070 $ 41,674 Total of Items I, II, III, and IV Fountain Valley $ 70, 148 Huntington Beach 330, 442 Seal Beach 27,738 Westminster )03,097 GRAND TOTAL, $531 ,425 - 5 - SECTION 8. DISPOSITION OF ASSETS. At the end of the term hereof, or upon the termination of this Agreement for any reason, the property and assets of the system, if any, shall become the property of the City of Huntington Beach,,. In the event that this agreement is termi- nated by the City of Huntington Reach during the term hereof, the City of Huntington Beach shall reimburse each participating city in the amount of one-fiftieth (1/50) of the construction and equipment cost paid by each city for each year remaining of the Agreement term. SECTION 9. MISCELLANEOUS. The section headings,herein are for convenience only and are not to be construed as rrodifying or governing the language in the section referred to. Whenever in this Agreement any consent of approval is required the same shall not be unreasonably withheld. This Agreement is made in the State of California, under the Constitution and laws of such state and is to be so construed. To preserve a reasonable degree of flexibility, many parts of this Agreement are stated in general terms. It is understood that the-:e will be operating memoranda executed and amended from time to time which will further define the rights and obligations of the parties. SECTION 10. SEVERABILITY. Should any part, term, or provisions of this Agreement be by the courts decided to be illegal or in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validily of the remaining portions of provisions shall not be ai t acted thereby. SECTION 11. SLY CESSORS. This Agreement shall be binding upon and shall inure to th`. benefit of the sucessors of the parties. SECTION 12. RED ;'ONSIBILITY. That neither the City of Huntington Beach nor any clficer or employee thereof shall be respon.31bie for any damage or liability occurring by reason of anything clone or omitted to he done by the C ty of Huntington Beach or "CITIi S" under or in connection with any %ork, authority or jurisdiction delelmted tc th., City of Iuntington Bca i or "CITIFtS"under Viis Agreement. It i:, ! - 6 - , also understood and agreed that "CITII?S" shall fully idemnify and hold the City of Huntington Beach harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by the City of.Huntington Beach under or in connection with any work authority or jurisdiction delegated to the City of Huntington Beach under this Agree- ment. That neither "CITIES" nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any- thing done or omitted to be done by "CITIES" under or in connection with any work, authority or jurisdiction delegated to the City of Huntington Beach or "CITIES" under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers there- unto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written. DATED• % �� , 19 7 2— CITY OF HUNTINGTON BEACH a Municipal Corporation mayor ATTEST: ulty VJerK APPROVED AS TO FORM: i y A t orny _. - 7 - DATED: 19 %2�-j UTY OF WESTMINSTER a Municipal Corporation e�,"O�e 2664 ATTEST: mayor _,.�..�..., CitY Clerk� "' APPROVED AS TO FORM: City Attorney DATED: Q � 19�� CITY OF FOUNTAIN VALLEY a Municipal Corporation ATTEST: mayor jy Werx APPROVED AS TO FORM: Cllf,y Attorney t DATED: ,��274- :5 , 19 CITY OF SEAL BEACH a Municipal Corporation mayor ATTEST: f3ity OUR APPROVED AS TO FORM: sty Attorney