HomeMy WebLinkAboutTait & Associates Inc. - 1998-05-18 I have received Maintenance Bond No_ PA6070220 —The Insurance Company of the
State of-Pennsylvania for Gradient Engineers, Inc-
RE- City Clerk Vault File No TA 600.80-
Dated: i'k - 3 o-. `i 4
By-
MAINTENANCE BOND
BOND N0-PA6070220
14 1040W ALL MPN BY 00RBSENM:that wo, Gradient Engine6, Inc
4ndThe Insurance y of the�l4 OrPorviou of
Licensed to do business in the State o Can Surety, arc
et���outfduvuAo ttx
CALIFORNIA
The City of Huntington Beach as Obligee,in ft full anal jutt sum Four Hundred Forty Mine
Thousand Five Hundred Eleven Dollars ($449,511 .00),lawful money of the United States of Arnesic4 m the
payment of which sum,well and truly to be made, the Principal and the Surety hind dM=ehW,their succ4asor9 and
auigns,jointly and severally,firmly by these prwmts.
SIGNED STALED AND DATED 7HIS8th DAY Oloctobei�194)
WHEREAS, the Principal enterrd into a certain written contract with the Obligee dated the 5th day of
May , 1998 to The City of Huntington Beach which umtMet is
hereby referred to a$the Cantim
THE CONDMON OP'CATS OSUGATION IS SUCH THAT, WHEREAS The Principal anmred into au agroancnz
with the Obligee for Contract No.CC1066 Underground Storage Tank Removal andReplacement
AND WHEREAS,the Obligee requires a guar mtec from the Principal against defective materiab and wodananship in
connection with said MOROVFMENTS.
NOW, 71MME>~'oRE, if the Principal $hall make repairs or rr placementa which may become necemary during the
pmiod of One Year ,because of defective m*zWs or workmanship in u=mtion with said wntract
which defectiveneas die Obligees s4a11 give tho Principal and Surety written notice within (30) thirty days aft
&cavay thereof,than this obligation shall be void:otherwise it ahall be in full force and effort
All anu or law or proccedinV in equity to rwovrr on drj bond must be instituted within twelve(12)months aRrr the
expirsdam of the maiwearance period provided for herein.
ATTEST:
n (Principal)
Br Jf��{
{Vi%itaas) Chdc) (seal)
n-1E INSURANCE COWANY OF THE STATE OF
PENSYLVAIIA
i t(S eOeerikone cBy Ar Fd van Oppen
(Wi mess?
C I T
By, H�TOrne9
r 1 1"
The Insurance Company of the State of Pennsylvania POWER OF ATTORNEY
New Hampshire Insurance'Company PA6070220
Principal Bond Office- 70 Pine Street, New York, NY 10270 No.
(Void unless numbered in red)
KNOW ALL N11EN BY THESE PRESENTS, that THE INSURANCE COMPANY OF THE STATE OF PENNSYLVA;\IA
and NEW HAMPSHIRE INSURANCE COMPANY have made, constituted and appointed, and by these presents does make.
constitute and appoint
Frederik van Oppen,Julie L Nickels of Merton,CA
its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of said Company. as surety.
bonds, undertakines and contracts of suretyship to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
*"Three Million Dollars ($3,000,000-00)•""'
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of the Company on the 5th day of January, 1998.
"RESOLV-E.Dr that the Chairman of the Board, the Vice Chairman of the Board, the President an Executive Vice
President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authorized to
execute Powers of Attorney, qualifying the attorney-in-fact named in the given Power of Attorney to execute in behalf of the
Company, bonds. undertakings and all contracts of suretyship and that an Assistant Vice President, a Secretary or an Assistant
Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney acid to
attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seat of the Company may be affixed to any such
Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such
facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect
to any bond, undertaking or contract of suretyship to which it is attached."
In witness Whereof, The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company
has caused its official seal to be hereunto affixed. and these presents to be signed by one of its Vice Presidents.
The Insurance Company of the State of Pennsylvania
New Hampshire Insurance Company
awt By
David J. W h, Senior Vice President
STATE OF NEW YORK) Notary Public,State of New York
COUNTY OF NEW YORK) ss: No.OISA4974380
On this Sth day of January1998 before me came the above Dion Exp in Suffolk Ctwrtty
Commission Expires 11//3/Sdr
named officer of The Insurance Company of the State of
Pennsylvania and New Hampshire Insurance Company,to
me personally known to be the individual and officer Z_C"�
described herein, and acknowledged that he executed the NOTARY SIGNATURE AND
foregoing instrument and affixed the seals of said corpora- STAMP(REQUIRED)
tions thereto by authority of his office.
1, Elizabeth Tuck, Secretary of The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company
do hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and therefore
that the Resolutions of the Board of Directors, act forth in the said Power of Attorney, is now in force.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
this 8th day of October 19 99
Elizabeth M.Tuck, Secretary
220
FORM r 70728(&98) -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
K
ss.
County of - Orange
On October g, 1999 before me, Luz A. Duran, Notary Public
Oa:e Name and T.Je cr o f.cer(e g.-Dare Doe.Notary PuNx;')
personally appeared E rederk van nn.pn I
Namels)dt 5Kjnlr(7)
ix personally known to me
n proved to me on the basis of satisfactory
evidence
to be the personM whose nam@W ism
subscribed to the within instrument and
h WZ A.DURINi acknowledged to me that hOWWOWexecuted
CommLLsion M 1208134 the same in his/ha authorized
NotaryPubfic-Cafiton s capacit pc and that by hiss
orange County signatureogon the instrument the persorft, or
My Co nm.Foies Jan 15.Z03
the entity upon behalf of which the person
acted, executed the instrument-
WITNESS m nd and official I-
Race N"ry Seal Above - gnalure a No: Pumc
OPTIONAL
Though the rnlormatron below is not requrred by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document- Maintenance Bond No. PA6070220
Document Date- ___ Octobex 8, 1999 _ Number of Pages: 1
Signer(s) Other Than Named Above: none
Capacity(ies) Claimed by Signer
Signer's Name Frederik van Oppen
C_i Individual "(hirmort
(- Corporate Officer—Title(s)- irp5�`
Partner—J Limited C General
N Attorney in Fact
I J Trustee
C Guardian or Conservator
L Other:
Signer Is Representing= The Insurance Company of the State T }
of Pennsylvania
0 1997 Nawnal Votary Assoaatron•9350 De Soto Are.PD Box 2402-Chatsworth.CA G13i3.2402 Prod No 5907 Reorder Call Tog-Free 1-8WB76-6827
City of Huntington Beach
Department of Public Works
Post Office Box 190
Huntington Beach, CA 92648
Subject: Certification of Compliance with Title VII of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor on
Project No. Title
hereby certifies that all laborers, mechanics, apprentices,trainees, watchmen and guards employed
by him or by any subcontractor performing work under the contract on the project have been paid
,.ti•ages 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
g:cc cashconl
V
DECLARATION OF SATISFACTION OF CLAIMS
state:
1. I am the general contractor for the City of Huntington Beach, as to the project more fully
described in the public works contract entitled
and dated
2. All workers and persons employed, all firms supplying materials, and all subcontractors for the
above-mentioned project have been paid in full. C'
INUC tC6S SAP c[�n r� / $SOtA� rGt'rN4
3. The follow Ming a either 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: (if none,
state `'NONE")
I declare under penalty of perjury that the foregoing is true and correct.
Executed at on this 1 day of ►J� , 1911.,
(Signature of Contractor)
g-cc`•cashccn2
DA,
Y.
C�bd � v
i •
City of Huntington Beach
J.d h
INTER-DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: THOSE LISTED HEREON
FROM: ADMINISTRATIVE SERVICES, Accounting and Records
SUBJECT: 10% RETEN_TI N PAYMENT
CC k OG e
c�
DATE:
The conformed copy of the Notice of Completion for the above contract has been
filed. The thirty-five (35) day waiting period has elapsed or will elapse before
payment is made. Processing of the 10% retention payment is recommended so
long as no stop notices or outstanding invoices are on file with the City.
AN T. VtL ELLA, Director of Finance
certify that no stop no ces are o the subject at th' time.
Date:
ROBERT F. BEARDSLEY, Public WdrlCs Director
I certify that no stop notices are on file on the subject contract and that a
guaranty bond has been filed.
Date:
CONNIE BROCKWAY, Ci lerk
I certify that there are no outstanding invoices on file.
Date:
SH 1 RICH, City Treasurer
10% Retention Payment 09/03198 7:47 AM
•
City of Huntington Beach
�113J ��:jc a=7•J. ��
HUNTINGTQN BEACH INTER-DEPARTMENT COMMMUNICATION
�
TO: THOSE LISTED HEREON
FROM: ADMINISTRATIVE SERVICES, Accounting and Records
SUBJECT: 10% RETENTION PAYMENT
Cc 10L6 `rC-
DATE: Z-(c>
The conformed copy of the Notice of Completion for the above contract has been
filed. The thirty-five (35) day waiting period has elapsed or will elapse before
payment is made. Processing of the 10% retention payment is recommended so
long as no stop notices or outstanding invoices are on file with the City.
2�
AN T. LLELLA, Director of Finance
I certify that no stop notic are on file on the subject at this time.
Date: �-9f
OBERT F. BEARDSLEY, Public Wo irector
��
l
I certify that no stop notices are on file on the subject contract and that a
guaranty bond has been filed.
Date:
CONNIE BROCKWAY, City Cle
certify that there are no outstanding invoices on file.
Date-
QWI s 1
F DENRICH, City Treasurer
10% Retention Payment 09/03/98 7:47 AM /
1
,
City of Huntington Beach
Department of Public Works
Post Office Box 190
Huntington Beach, CA 92648
Subject: Certification of Compliance with Title VII of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor on
CC 1066 UST REMOVAL AND REPLACEMENT PROJECT
Project No. Title
hereby certifies that all laborers, mechanics, apprentices,trainees, -,z-atchmen and guards employed
by him or by any subcontractor performing 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 gage rate paid.
isnature and Title
JAMES D. STREITZ
PROJECT MANAGER
g-cc cashcon I
U< <:
DECLARATION OF SATISFACTION OF CLAIN'IS
1, JAMES D. STREITZ , state:
1. I am the general contractor for the City of Huntington Beach, as to the project more fully
described in the public works contract entitled UST REMOVAL AND REPLACEMENT PROJECT: CC 1066
and dated -MAY-1-- 1998_
2. All «orkers and persons employed, all firms supplying materials, and all subcontractors for the
above-mentioned project have been paid in full.
3. The follo%xing are either 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 (if none,
state "NONE')
NONE
I declare under penalty of perjury that the foregoing is true and correct.
Executed at SANTA ANA, CA on this 22ND day of >IARCH 1999
Signature of Contractor)
JAMES D. STREITZ, PROJECT MANAGER
g:c'cuh:c�2
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No.: 005010554
Premium: S5,884.00
A)A Document A.372
Performance Bond
Any singular reference to Contractor, Surety. Owner nr inner parry shall be cumodered plural where applicable.
CONTRACTOR Warne and Address): SURETY (Nime and Prinripal Place Of Business):
Tait &Associates, Inc. Amwest Surety Insurance Company
1100 Town &Country Rd.,Ste. 1200 5230 Las Virgenes Road
Orange,CA 92868 Calabasas,CA 9I302
OWNER (Name and Address):
City,of Huntington Beach
2000 Main Street
Huntigton Beach,CA 92648
CONSTRUCTION CONTRACT
Date:May 18, 1998
Amount: S325,626.00
Description (Name and location):Remove and replace various underground storage tanks at "City
Yard"and"Parks Yard".
BOND
Date (Not earlier than Construction Contract Date?:May 1, 1998
A:rounl:$325,626.00
Modifications to this Bond: L,Nont- X See Page 3
CQN mci OR AS f R(N -lPAL SURE rY
Corrpanv: (C porale Seal; Company:Arhwest Surety zC'Orporaie Seal)
Tait&p.wAiates'y c. Insurance Company
� (}�
Sip,nature� ' �ll�[� `i! _�
Name ant?Tit : ��- e�'t `} Name and Title:victoria M. 4tiedl,Attny-in-Fact
(Any additional signatures appear on page 3)
11'OR WFORMAF10.'V ONLY--Name, address and 70cpho.ne)
AGENT or BROKER: OWN[R'S R(PRESENrATIVE (Architect. Engineer or
Brakke Schafnitz Insurance Brokers,Inc. other parivi.
28202 Cabot Road
Laguna Niguel, CA 92677
VA DOCUMENT A312•>'IRFURµA-vCI 80•+1)A-I) VAYtti[tT lint)•DIC0181,e 1'Y+4 It3_ •AA •
THI&WR'C'AN INSTI]Utt OF ARCUITFtay. 1,35 NI%V YQRX AV. . �sv.wASr.IvGTc)�.D-C :1txn A312.1984 1
`MR11 PRiV1 »C•MPiCM 19e7 - t.. � , -' -- _ _-.
1 `•
I The Contractor and the Surety. jointly and severally, white) is may be I-able to the Owner and. as
bind themselves. their heirs. executors, administrator~ scion as nric•tiiable after the amount!%deter-
successor-,and assigns to the Owner for the pertormant e -nined• tender payment inereior to the
of the Construction Contract,which i.inc orporate•d herein Owner: or
by reference.
.2 Deny liarnliry in whole or u1 part and nohty the
2 It the Contractor performs the Construction (unt rat I. Owner citing reason. therefor.
the Surety and the C:onirac for shall hat-; no obliewitln
under this Bond, except to parnerpate•in conference.. a• S If the Surety dues not proceed as provided e�Paragraph
provided in Subparagraph 3.1. 4 wine reasonable prompinvis.the Surety shall be deenie•d
to be in derault on this Bone!•ifteen day,'alter receipt fit an
3 If there is no Owner Default. the Surety', nhligatiun additional written notice from the Owner it) Ine ~tired•
under this Bond shall arise after: demanding that tie Surety perform et; oblipiffiues under
3.1 The Owner has notified the Cuntrclur and the this Bond,aid the Owner shall be entifled to eniorte•any
Surety e Oits address described in Paragraph It)below the comedy available to the Owner. If the 5urets ornt eels as
that the Owner is considering in declaring a Contrition bel w prt-videa in Subparagraph 4.4.and the Owner rmusei the
thattDefault and has iconsidering
requested and declai trd to ontr •io a payment tendered or the Surety hat denied liability. in
P g whole or in part,without farther nctfet r the Utt rt•r%hall be
conference with the Contractor and the Surety to be entitled to enictrce ary re•mecv available to the Owner
held not later than fifteen days after receipt all such
notice to discuss methods of ocnorr•urig the C cins!ruc- 6 After:ne Ownt•r ha+Iernirnated the(:untrat tore nghl
tion Contract. if the Owner. the Contractor and the to complete the Construction Contract• and r- the tiuretr
Surety agree,the Contractor shall be allowed a reasotrl- elect; to act under Subparagraph 4.1. 4.2. or 4.1 above.
able time to pe-form the Construction Contract. but then the re:sponsibilitw%of the titirety to the Owner;hall
such an agreement shall not waive the Owner's right,if rot be greater that those of the Contractor under the
any.suosequently to dec'are a Contractor Default:and t'onstruc tion Contract. and the responsibilities of the
3.2 1 he Owner has declared a Contractor Default and Owner to the Sumty.hall not be)treater tha,thelet•of the
Owner under the Construction C'ontrart.To the limit of.ne
formally terminated the Contractor's right toault
the contract. Such Contratfor Default sha I not lie de.
amount of this Bond. but subject to commitment b� the
Glared earlier than twenty days after the Conlraclnr ant! Owner of the Balance of the Contract Price to mitet;ation of
c tuts and damages off the Cons-rut lion C:onlratt,the Sure-
the Surety nave received novice as provided in Sun- ty is obligated without dupl.•ea:icin fair:
paragraph 3.1:and
3.3 1 he Owner ha-; agreed to pal•the Balance of the 6.1 —he re%ponsibililies of The C'ont.rictor rnr corrt•r-
Contract Price to the Surety in ar tnrdance w.th the turn of detective worts Arid romplet•un of the Construe
tion Contract:
term,.of the Construction Cuntratt ut it)a contractor
selected to perform:nP Cnn.truction Contract io at tc,r- 6.2 Addilianal legal• aesiKr. prntt•ss ona! and cleiav
dance with the terms of the contract with the Owner. costs resulting from the Cnntrattur's Ot•tae:l:, and re-
4 When the Owner has satufred the rnndttions of Para. sulfing from the actions or failure:o art of :Ire tiure•ty
grade 3,the Surety shaft promptly and at the Surety'-,ex-
under 1 aragranh 4: arld
pence take one of the following actions: 6.3 liquidated da.rage•c• or it net liquidated damages
4./ Arrange for the Contractor. with consent of vie apes
specified in the Construction C'ontrac-•atrual eam-
Owner, to perform and complete the Comtrucuon ages caused by delayed neriorrtance r,r non-perfur-
Contract: or marce of the C:ontra..tnr.
7 .he Surety shall not be liable 1n the Ownet of uthrn inT
4.2 Undertake to perform and complete the Construc- ahliga:ions of the C:onirac for tnat are unrelated to the Con-
tion Contract itself,through it-;agert,or through tnoe- struction Contract, and the Ralanre of the C:on►rat I Price
pendent contractors: or ,hall not be reduced air set off on accuunt no any such
4.3 Obtain bids or negotiated proposal% from unrelated obligations. No rignc of action shal. accrue tin
qualified contractors acceptahic fit the Owner to- a this Bond to any person or entity other than the Ownew or
contract for performance and completion of ine Con- its heirs. executors,administrators or successor;.
struc•tiort Contract, a:range for a c onirat t to he pre- 8 The Swe!y herebv ware-notice of any change.mc•lud-
pare•d for execution by the Owner and the ectttfrac•ror ing chances of flint•, to fist C on,truc tlon Contract or ter
selected with the Owner's concurrecce.to be;lr Wed related subcontract,. putt ease orde r l and other o or it-
with performance and payment bonds executed by a relate
qualified surely equivalent to fne bonds issued on:he
Construction Contract, and pay to :he Owner the 9 Any proceeding, Iegal or equitable• under this Bond
amount of damages as described in Paragraph Itin ex- may be instituted in anycourt of.ornpe!ent}urwdicfion in
cess of the Balance of the.Cenfrac t Price iflUirred br ihv the location in which the work or part of the work is located
Owner resulting from the Contractor'%deiaui:: of anet shall be inslituteo within two}cats after C'onttattnT
4.4 Waive its right to perform and tomolete.arrange Default or within iwo year; after the Contractor ceased
for completion. or obtain a new contractor and with working orwithin rive)years after the Surety reiuses or fai's
reasonable promptness under the circumstances: it)perform its obligations under this Bond.tshichever oc-
curs first. If the pruvi;ians oil this Paragraph are void or
.1 After investigation,determine the amount for prohibited by law,the mini-rum peritlu ut limitation avail.
AIA DOCUMENT A317•PIRFOR.Y.A%Ct BOND A%D PAYMINT 1I.Y10•INCIMBIR 14M 11). •AIA -
1HF AMFRI(:An I.rS'.TUTF or ARC111TF('1S. 1%ii%IW YORf;AVt..♦W.WASI11n(JON 11 C.210Y., A312.1984 2
1111RD PRI%Ii,rG•MARCH 1947
•
�!r• I'R
able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by
shall be applicable the Owner in settlement of Insurance or other claims
10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re
be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to of on
behalf of the Contractor under the Construction Con-
nature page tract
11 When this Bond has been furnished to comply with a 12 2 Construction Contract The agreement between
statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig
the construction was to be performed any provision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement changes thereto
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall 12 3 Contractor Default Failure of the Contractor
be deemed incorporated herein The intent is that this which has neither been remedied nor waived,to per-
Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond Construction Contract
12 DEFINITIONS 124 Owner Default Failure of the Owner which has
12 1 Balance of the Contract Price The total amount neither been remedied nor waived to pay the Con-
payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to
Construction Contract after all proper adjustments perform and complete or comply with the other terms
have been made, including allowance to the Con- thereof
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS
Warranty work will be guaranteed for a period of one year after the date of acceptance by the City
(Space is provided below for additional signatures of added parties other than tho,.e appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company (Corporate Seal) Company (Corporate Sea))
Signature Signature
Name and Title Name and Title
Address Address
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1464 ED AIA
THE AMERICAN INSTITUTE OF ARCHITECTS 171S NEW YORK AVE N W WASHINGTON D C V00b A312-1984 3
THIRD PRINTING-MARCH 1987
HB CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
TO: ROBERT BEARDSLEY, Director of Public Works
CC: ERIC CHARLONNE, Civil Engineer Assistant
FROM: GAIL HUTTON, City Attorney
DATE: September 24, 1998
SUBJECT: RLS 98-574; SUFFICIENY OF PERFORMANCE BOND
INDEX: PUBLIC PROPERTY AND PUBLIC WORKS; PUBLIC WORKS;
CONTRACTS AND BONDS; BONDS
BACKGROUND:
The construction contract between the City of Huntington Beach (the"City") and
Peter C. David Company, Inc. ("PCDC") for the Silver Lane Street and Storm Drain
Improvements requires the contractor to provide three bonds: one bond for the guarantee
of faithful performance of the work, another for the contractor's guarantee of payment of
all claims for labor and materials furnished, and the final bond for the warranty of
performance by contractor for one year after the City's acceptance. PCDC submitted a
performance bond and a materials and labor bond, but not the one-year warranty of
performance bond.
ISSUE:
Is the performance bond that was submitted sufficient to cover the requisite bond
coverage for warranty of performance for one year after acceptance?
ANSWER:
According to the language in the performance bond, that the bond shall provide
coverage"during the life of any guaranty required under the contract," the one-year
warranty of performance coverage technically could be covered under this bond.
However, I recommend that the City require a specific modification to the performance
bond to guarantee all work for a period of one year after the date of City's acceptance:
g:jmf/98memos/RLS98574
r I
- 1
ANALYSIS:
Civil Code Section 3247 governs when a payment bond is required. Civil Code
Section 3247(a) states, in pertinent part,as follows:
"Every original contractor to whom is awarded a contract by a public
entity, except as provided in subdivision (d) of Section 7103 of the Public -
Contract Code', involving an expenditure in excess of twenty-five
thousand dollars ($25,000) for any public work shall, before entering upon
the performance of the work, file a payment bond with and approved by
the officer or public entity by whom the contract was awarded."
Civil Code Section 3096 defines a payment bond as "a bond with good and
sufficient sureties that is conditioned for the payment in full of the claims of all claimants
and that also by its terms is made to inure to the benefit of all claimants so as to give
these persons a right of action to recover upon this bond in any suit brought to foreclose
the liens provided for in this title or in a separate suit brought on the bond. An owner,
original contractor, or a subcontractor may be the principal upon any payment bond."
Although there appears to be no statutory requirement for a bond that warrants the
contractor's Performance for one year, the contract between PCDC and the City requires
such a bond.
The language in the subject bond submitted by PCDC that the bond shall provide
coverage"during the life of any guaranty required under the contract" technically could
be construed to include the guarantee of warranty of performance for one year because
that bond is required under the contract. However, to ensure that the warranty for one
year is covered in the performance bond, I recommend that the bond be modified to add
more specific language. The pre-printed language in the performance bond should
remain with the following modification typed in:
"Principal and surety,jointly and severally, hereby guarantee performance
of all work for a period of one year after the date of acceptance of work by
the City and shall repair or replace any or all such work that may prove
defective in workmanship and/or materials within a one-year period from
date of acceptance without expense whatsoever to the City, ordinary wear
t Public Contract Code Section 7103(d)states that"For purposes of this section, `state entity' means every
state office,department,division,bureau,board or commission,but does not include the Legislature,the
courts,any agency in the judicial branch of government,or the University of California. All other public
entities shall be governed by the provisions of Section 3247 of the Civil Code."
2 Section 8 of the agreement between the parties states that,"CONTRACTOR shall,prior to entering upon
the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One
in the amount of one hundred percent(100%)of the contract price to guarantee the CONTRACTOR's
faithful performance of the work,one in the amount of one hundred percent(100%)of the contract price to
warrant such performance for a period of one(1)year after CITY's acceptance thereof-,and one in the
amount of one hundred percent(100%)of the contract price to guarantee payment of all claims for labor
and materials furnished.."
g jmf/98memos/RLS98574
and tear,unusual abuse or neglect expected. The City will give notice of
observed defects with reasonable promptness. Contractor shall notify City
upon completion of such repairs or replacement."
CONCLUSION:
The specific modification above should be added to ensure that the warranty of
performance for.one year is included in the performance bond. If you have any
questions,please do not hesitate to call me or my Deputy City Attorney,John Fujii.
GAIL HUTTON
City Attorney
GH/jf
g:jmfl98memos/RLS98574
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
WHEN RECORDED MAIL TO: No Fee
CITY OF HUNTINGTON BEACH - 19990208487 2;20pm 03/22/99
Office of the City Clerk 005 30017669 30 64
P. O.Box 190
N12 1 6.00 0.00 6.00 0.00 0.00 0.00
Huntington Beach, CA 92648
NOTICE OF COMPLETION
i3OTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main-Street,
Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of
Huntington Beach, California to Tait&Associates Inc.who was the company thereon for doing the
following work to-wit:
Underground Storage Tank Removal&Replacement Project; City Yard and Parks Yard—
CC-1066
That said work was completed February 16,1999 by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was
accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on
Tuesday,February 16,1999.
That upon said contract Amwest Surety Insurance Company was surety for the bond given by the said
company as required by law.
t
This document is solely for the official business of the City of Huntington Beach,as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California,this 1st day of March,1999.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
1, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the
foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California,this 1st day of March,1999.
City Clerk and ex-officio Cleric
of the City Council of-the
of Huntington Beach,,'alifoinia
Tax-Exempt-Government Agency This document is solely for the
CITY O HUNTINGTON BEACH official business of the City
Brockway,C Clerk
ptsty Clerlt See. 6103 and should be recorded
free of chargiea
Reoor
Gay l i t o CoUh "41rad with Or;�iti l
• WHEN RECORDED MAIL TO: 1111III/III//W)JIIGI- hVl''e ty °f �rarve
p0 CITY OF HUNTINGTON BEACH ///////�////////�///1000
ClerkIRecorq Cal j for
Office of the City Clerk N Z 5 309 t 19 /l er nj a
P. O. Box 190 s 00 s0 0®0 9 90?0848� ?I No Fee
Huntington Beach, CA 92648 - - - 0.00 g ?0pR e3/
22199
NOTICE OF COMPLETION 0.0g
NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee, 2000 Main Streitt---
Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of
Huntington Beach, California to Tait&Associates Inc.who was the company thereon for doing the
following work to-wit:
Underground Storage Tank Removal&Replacement Project; City Yard and Parks Yard-
CC-1066
That said work was completed February 16,1999 by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was
accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on
Tuesday,February 16,1999.
That upon said contract Amwest Surety Insurance Company was surety for the bond given by the said
company as required by law.
This document is solely for the official business of the City of Huntington Beach,as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California,this 1st day of March, 1999.
City Clerk and ex-officio Clerk
of the City Council of the City
STATE OF CALIFORNIA
of Huntington Beach, California
)
County of Orange ) ss:
City of Huntington Beach )
I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the
foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California,this 1st day of March,1999.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Tax-Exempt-Government Agency
CITY OF HUNTP133-TO-`4 r:'ACH This a�c��:^eas't 1� solely for#fie
4pa
ockway,c►' Qgrk
r'
�C
ieee OR:v3 cr, houid ba recorded
i
free of ci-.G:ge.
C?h i r/nnne - PWe
Beard s 1
%0ITY OF HUNTINGTON BE
MEETING DATE: February 16,1999 DEPARTMENT ID NUMBER: PW 99-08
Council/Agency Meeting Held: /Lo off (a00.Sa
Def rred/Continued to:
Approved ❑ onditionally Approved ❑ Denied Vaerk's Signature
Council Meeting Date: February 16,1999 Department ID Number: PW 99-08
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrators
PREPARED BY: ``ROBERT F. BEARDSLEY, Director of Public Work — D
SUBJECT: Accept the Underground Storage Tank Removal & Replacement
Project; City Yard and Parks Yard; CC 1066
1Ft_-,m,n_t,f
Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment{,]
Statement of Issue: Tait Environmental Systems has completed its contract for the
construction of the Underground Storage Tank Removal & Replacement Project; City Yard
and Parks Yard: CC 1066.
Funding Source: Sufficient Capital Improvement Funds are available in Account Number
E-C P-A S-14 2-6-3 9-0 0.
Recommended Action: Motion To:
1. Accept the Underground Storage Tank Removal & Replacement Project; City Yard and
Parks Yard, CC 1066 at a final cost of $401,848.18 and authorize the City Clerk to file a
Notice of Completion with the County Recorder's Office.
2. Approve an additional $31,522.18 in Capital Improvement Funds for the costs
associated with disposal of contaminated soil.
Alternative Actions : None.
10661Taivnotice of completion .2- 01128199 8:04 AM
r
1
REQUEST FOR COUNCIL ACAN
MEETING DATE: February 16,1999 DEPARTMENT ID NUMBER: PW 99-08
Analysis: On May 18, 1998, Council awarded a Design/Build contract to Tait
Environmental Systems in the amount of$325,626. The adopted project budget also
included $44,700 to cover potential change orders, for a total of $370,326 to construct the
Underground Storage Tank Removal & Replacement Project; City Yard and Parks Yard;
CC 1066.
The May 18, 1998, Council Action did not include potential costs for environmental clean-
up or soil remediation, therefore no funds were approved for this work. We did include, in
the scope of work, an environmental cost matrix that was to be used in the event that
contaminated soil was encountered during the course of construction. The removal of the
existing underground storage tanks and associated piping resulted in approximately 640
tons of contaminated soil that required special disposal. All of this soil was a result of
leaking piping and not the tanks' failure, which is usually the case. Therefore the Public
Works Department is requesting an additional $31,522.18 in Capital Improvement Funds to
cover this additional work.
The improvements are now complete per the plans and specifications. Therefore, the
Director of Public Works recommends acceptance of the project and requests the City
Clerk file the Notice of Completion.
The following is a summary of the final project costs:
Council Approved Actual Expenditures
1. Contract Amount: $325,626.00 $325,626.00
2. Change orders 44.700.00 24,953.75
3. Contaminated Soil 0.00 51,268.43
Subtotal: $370,326.00 $401,848.18
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
• . . - Number No. Description
NONE
RCA Author. Charlonne
10661Taivnotice of completion -3- 02101/99 3:05 PM
i 1
RCAROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Accept The Underground Storage Tank Removal &
Replacement Project for City Yard and Parks Yard;
CC 1066 and File a Notice of Completion
COUNCIL MEETING DATE: February 16, 1999
RCA-ATTACHMENTS STATUS
Ordinance (wlexhibits & legislative draft if applicable) Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attomey) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey) Not Applicable
Certificates of Insurance (Approved by the City Attomey) Not Applicable
Financial Impact Statement (Unbud et, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOR WARPED
Administrative Staff ( } ( )
Assistant City Administrator (initial) ( } ( )
City Administrator (Initial)- ( ) ( }
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
CITY OF HUNTINGTON BEACH
VALA2000 MAIN STREET CALIFORNIA 9264$
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
March 1, 1999
Gary Granville
County Recorder
P. O. Box 238
Santa Ana, California 92702
Dear Sir
Enclosed please find a Notice of Completion to be recorded and returned to the Office of
the City Clerk, Cite of Huntington Beach, P-O Box 190, Huntington Beach. California
92648
Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed
self-addressed, starriped envelope
§prcerely
Connie Brockway
City Clerk
CBlcg
Enclosure: ?Notice of Completion — CC-1066 — Underground Storage Tank Removal c�
Replacement Project, City Yard and Parks Yard
_� (Telephone:714.536.5227)
WHEN RECORDED MAIL TO
CITY OF HUNTINGTON BEACH
Office of the City-Clerk
R O Box 190
Huntington Beach, CA 92648
'.NOTICE OF COINIPLETION
NOTICE IS HEREBY GIVEN bN the City of Huntington Beach, owner in fee, 2000 Main Street,
Huntington Beach, CA 92648, that the contract heretofore a«arded by the Cate Council of the City of
Huntington Beach, California to Tait & Associates Inc. who nas the company thereon for doing the
following work to-%%it-
Underground Storage Tank Remo%al & Replacement Project; City- Yard and Parks Yard—
CC-1066
That said work was completed February- 16, 1999 br said company according to plans and specifications
and to the satisfaction of the Cite Engineer of the City of Hunungon Beach and that said work was
accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on
Tuesday-, February 16, 1999.
That upon said contract Arnwest Surety Insurance Company .vas surety for the bond given by the said
company as required by-lax%.
This document is solely for the official business of the Cite of Huntington Beach,as contemplated under
Govcmment Code Section 6103 and should be recorded free of charge
Dated at Huntington Beach, California, this 1st day of March, 1999.
City Clerk and cx-otricio Clerk
of the Cit}' Council of the Cite
of Huntington Beach, California
STATE OF CALIFORNIA }
County of Orange } ss=
City of Huntington Beach )
I, CONNIE BROCKWAY, the duly elected and qualified Cin-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 Hunting on Beach, California, this Ist day of March, 1999.
y
City Clerk and ex-off`icio Clerk
of the City Council of the City
of Huntington Beach, California
Tax-Examp.-Gore:r:mwnt n^ancy This doc,_=ent lz so'�"�"-�-the
CITYO FIU?y";5-:3TI_ '..z;'H c? ,
nn Brocinra�,G,
pa~�y ;ty Ciark
Lj,wCITY OF HUNTINGTON BEACH
to.-" 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCILI
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE:
TO: T/r -IzZTQ--S ATTENTION:
Name tTU/lam �!
/,/")o �Aoww '�q'YqO06�1- ZoaQ DEPARTMENT: `ons
Street
it°AiY REGARDLYG: ��-/Olo 4 4 D
City,State,Zip (� L
See Attached Action Agenda Item Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Broc -ay
City Clerk
Attachments: Action Agenda Page Agreement ✓ Bonds ./ Insurance ✓
RCA Deed Other
&V
CC: .�.�5m 177Y
Name Department RCA Agreement Insurance Other
Name Department RCA Aumment Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
Received by Name- Company Name - Date
G Followup/coverltr
sLJ�i�uii%
IiTY OF HUNTINGTON BEACH
IJ P
MEETING DATE: 5/18198 DEPARTMENT ID NUMBER: PW 98-045
Council/Agency Meeting Held:
Deferred/Continued to:
I2Approve ❑ Conditionally Approved ❑ Denied ,DPxvry Clerk's Signature
Council Meeting Date: 5/18198 Department ID Number: PWMR
CITY OF HUNTINGTON BEACH _"
_ ,c�-�rn
REQUEST FOR COUNCIL ACTION
N
cop r
M rTn
r�
D > �
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
_D �
G: n
SUBMITTED BY: RAY SILVER, City AdministratooW n
PREPARED BY: Daryl D. Smith, Acting Director of Public Works
SUBJECT: Approve the Selection of two Design/Build Contracts for the
Underground Storage Tank Removal & Replacement Project;
CC-1066
1Fst,t_Z1_,1 Issue,Funding source,Recommended Action,Alternative Action(s),Analysis,Environmental status,Attachment(s)
Statement of Issue: Proposals were received on April 1, 1998. from qualified design/build
contractors to design, fabricate and install fueling systems for the City's Underground
Storage Tank Removal & Replacement Project; CC 1066_
Funding Source:
Funds of $932,944 are available in Account Number E-CP-AS-142-6-39-00.
Recommended Action: Motion to:
1. Approve and authorize the Mayor and City Clerk to execute the attached design/build
contract with Tait and Associates, Incorporated, for a fee of $ 325,626 to provide
design/build construction`services for Package 1 of the Underground Storage
Tank Removal & Replacement Project; and
2 Approve and authorize the Mayor and City Clerk to execute the attached design/build
contract with Gradiant Engineers, Incorporated, for a fee of $ 402.776 to provide
design/build construction services for Packages 2.3 & 4 of the Underground Storage
Tank Removal & Replacement Project; and
10
0031313.01 -2- 05/08/98 3:46 PM
IQUEST FOR COUNCIL ACTIN
MEETING DATE: 5/18/98 DEPARTMENT ID NUMBER: PW 98-045
3. Authorize the Director of Public Works to expend a total of $932,944 which includes the
above contract amounts totaling $661,272, estimated construction contingencies of
$100,000 and supplemental expenditures of $104,542
Alternative Action(s): Deny approval of one or both of the contracts and forgo the project_
This would require the City to place out of service all sites currently not able to meet Federal
and State laws.
Analysis: The Underground Storage Tank Removal & Replacement Project consists of the
reconstruction of nine City owned fueling facilities. These facilities were identified in
underground storage tank report presented to Council on September 15. 1997, and are
shown on the attached site location map_ Package 1 includes the Don Kiser Corporation
Yard and Parks Yard Packages 2,3 & 4 includes the Fire Training Center, Civic Center,
Beach Yard, Gothard, Murdy, Warner & Lake Street Fire Stations.
All of the critical equipment, such as tanks, pumps, dispensers, monitor system, Fuel
management system and tank fill boxes have been pre-purchased by the City_ This will save
a significant amount of time, as most of these components are long lead time items.
The Federal Environmental Protection Agency and the California State Water Resources
Control Board administer public laws that require that all underground storage tanks (UST's)
containing hazardous materials, including motor vehicle fuels, be brought into compliance
with regulations intended to protect groundwater supplies Compliance with these
regulations will be achieved by the reconstruction of the affected fueling sites_ The deadline
for compliance is December 22, 1998_ Failure to comply carries the risk of fines, revocation
of operating permits and cancellation of liability permits.
Staff has been aware ofiUST requirements, and limited consolidation of fueling sites has
been in progress since 1990_ To date, three sites have been eliminated (Magnolia, Heil and
Bushard Fire Stations)_ This project wifl consolidate the Fire Training Center with the
Gothard Fire Station facilities and eliminate the Murdy Fire Station fueling site.
This project does not include potential costs for environmental clean-up or soil remediation.
No investigatory borings have been made_ Thus, there is no data available upon which to
base clean-up or soil remediation_ However. according to available records, none of the
remaining sites has experienced an unauthorized release If during the course of
construction, it is discovered that there have been some releases, either in tanks or piping
systems, then corrective action will have to be undertaken_
The Request For Proposals (RFP) did include an Environmental Unit Cost Matrix that will be
used as a basis for predicting costs should clean-up or soil remediation be required_ Staff
will bring back to Council the request for additional funds should clean-up or soil remediation
be required that exceeds the available project budget
0031313.01 -3- 05100/98 3:46 PM
i
QUEST FOR COUNCIL ACTIN
MEETING DATE: 5/18/98 DEPARTMENT ID NUMBER: PW 98-045
The $106,473 in requested supplemental funds will be used to hire an inspector who is
familiar with the State and Federal regulations governing the removal and installation of
underground storage tanks. These funds will also be used for required pre-installation
testing, compaction testing, purchase of equipment that was not previously ordered and pay
for permit fees.
On March 5, 1998, the following design/build firms were sent RFPs.
• Gradient Engineers Incorporated, Irvine
• Tait & Associates, Incorporated, Orange
• Levine-Fricke-Recon, Incorporated, Irvine
• Groundwater Remediation, Orange
• Law/Crandell, Incorporated, Orange
• Universal Service, Temecula
Five of the firms replied to the RFP. Levine-Fricke-Recon was.not able to submit a proposal
due to their current workload. A team of three staff members evaluated each proposal and
came to the unanimous conclusion that both Tait & Associates and Gradient Engineers were
highly qualified and recommended both firms to perform the design/build work. The Fees
represented in both proposals are well within the anticipated project budget and they have
demonstrated an ability to meet the critical design and construction time constraints.
Environmental Status: The California Environmental Quality Act (CEQA) impacts will be
determined during the design phase of the project.
AttachmentU:
City Clerk's
Page Number No. Description
1 Tait & Assoc_ Agreement & Insurance
2. Gradient Engineering Agreement & Insurance
3. Location Ma
RCA Author: Charlonne
n
r•
0031313.01 -4- 05108198 4:34 PM
I
i
05/18/98 - Council/Agenc�Agenda - Page 9 (9)
E-10. (City Council) Approve The Selection Of Two Design/Build Contracts For The
Underground Storage Tank Removal & Replacement Proiect - CC-1066 - Tait and
Associates, Inc.'(Package No. 1) And Gradient Engineers, Inc. (Package Nos. 2, 3
& 4 -City Yard/Park, Tree, Landscape Yard/Civic Center/Beach Yard/Fire Stations
& Facilities - 1. Approve and authorize the Mayor and City Clerk to execute the
Agreement between the City of Huntington Beach and Tait &Associates, Inc. for the
Underground Storage Tank Removal and Replacement at the City Yard, and the Park,
Tree and Landscape Yard (CC-1066) a design/build contract for a fee of$325,626 to
provide design/build construction services for Package 1 of the Underground Storage
Tank Removal & Replacement Project; 2. Approve and authorize the Mayor and City
Clerk to execute the Agreement between the City of Huntington Beach and Gradient
Engineering, Inc., for the Underground Storage Tank Removal and Replacement at the
Civic Center, the Beach Yard and the Fire Stations and Facilities (CC-1066) for a fee of
$402,776 to provide design/build construction services for Packages 2, 3 &4 of the
Underground Storage Tank Removal & Replacement Project and 3. Authorize the
Public Works Director to expend a total of$932,944 which includes the above contract
amounts totaling $661,272, estimated construction contingencies of$100,000 and
supplemental expenditures of$104,542. Submitted by the Acting Public Works Director
(American Institute of Architects Performance Bond & Payment Bond No. 005010554,
for Tait &Associates) (National Surety Specialists Performance Bond & Payment Bond
No. PA7576012 for Gradient Engineers, Inc.)
[Approved - 7-0]
E-11. (City Council) Correction Of Contract Amount For Telecommunication Call
Accountina Systems With Williams Communications Solutions, LLC (Limited
Liability Co.) (600-10) -Approve and authorize the Mayor and City Clerk to execute
the Agreement between the City of Huntington Beach and Williams Communications
Solutions, LLC for Telecommunications Call Accounting contract in the corrected
amount of$68,869.49. Submitted by the Fire Chief (Approved by City Council on
May 4, 1998; reapproval requested in order to include the sales tax in the contract)
[Approved- 7-0]
F. Administrative Items
F-1. (City Council) Provide Direction To Staff On A Revised Street Sweeping Program
(800.10) - Communication from the Acting Public Works Director requesting the City
Council to provide direction to staff relative to whether the City should establish a
program to post street sweeping schedules City-wide and cite parked vehicles that
violate the posted schedules, and whether the street sweeping schedule should be
increased to twice per month.
Recommended Action:
Direct staff to provide the Managed Competition Committee with a program for
implementation of, and cost estimates for,[including revenues,]returning to
twice per month street sweeping, and posting of the entire city to prohibit on-street
parking on the days of street sweeping.
[Approved as amended- 7-0]
(9)
ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
TAIT& ASSOCIATES, INC. FOR THE UNDERGROUND STORAGE TANK
REMOVAL AND REPLACEMENT AT THE CITY YARD,AND
THE PARK,TREE AND LANDSCAPE YARD (CC 91066)
THIS DESIGN/BUILD AGREEMENT (the "Agreement"), made and entered into this
/�- day of m/��, , 1998, by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California, hereinafter referred to as "CITY", and TAIT &
ASSOCIATES, INC. a California corporation, hereinafter referred to as "DESIGNBUILDER."
i
Hereinafter, the CITY and the DESIGN/BUILDER may be referred to collectively as the
"Parties".
RECITALS:
WHEREAS, CITY desires to obtain services for the design, engineering and construction
services for the removal and replacement of underground fuel storage tanks.
WHEREAS, the'CITY issued a Request For Proposals for the Project on March 5, 1998
("RFP"), and
WHEREAS, DESIGNBUILDER submitted a proposal to CITY in response to the RFP on
April 1, 1998 ("Proposal"),
WHEREAS, based upon the evaluation criteria and competitive selection procedure set forth
in the RFP, DESIGNBUILDER has been selected to perform, either directly or pursuant to
Subcontracts, the design,,engineering and construction services set forth in this Agreement and the
Contract Documents_
NOW, THEREFORE, it is agreed by CITY and DESIGN/BUILDER as follows:
ARTICLE 1
WORK STATEMENT
1.01 The "Work" is the scope of services to be performed and/or provided by
DESIGN/BUILDER pursuant to and as required by all Contract Documents including, but not limited
to the requirements set forth in RFP and Proposal herein and in accordance with all applicable laws
DESIGN/BUILDER shall design, engineer, procure, construct, deliver, erect, commission, start-up,
test and complete the Project, consisting of all necessary material, labor, supervision, machinery,
equipment, cranes, facilities, tools, supplies and structures including those reasonably inferable from
the Contract Documents and necessary to produce the stated result even though no mention thereof is
made in the Contract Documents.
1.02 DESIGN/BUILDER's responsibilities, as further described in the Contract Documents
include, but are not limited to, the following tasks:
A. Preparation of conceptual plans;
B. Assisting the CITY with the CEQA and Design Review Board requirements;
1
Huntington Beach Community Development Department and the California Coastal
Commission;
D. Preparation of Construction Documents;
E. Construction of the Project; and
F. Operational testing.
1.03 DESIGN/BUILDER hereby designates Jim Streitz, an individual, who shall
represent DESIGN/BUILDER and be its sole contact and agent in all consultations with CITY
during the performance of this Agreement.
ARTICLE 2
CONTRACT DOCUMENTS
2.01 The "Contract Documents" shall consist of the following documents, all of which
are either attached hereto as Exhibits or are incorporated into this Agreement by this reference,
with the same force and effect as if the same were set forth at length herein:
A. This Agreement, assigned by the Parties and effective as of the date first written above.
Addenda and Modifications issued prior to the effective date are hereby incorporated by
reference and made a part hereof as follows:
eXX
B. The RFP, attached hereto as Exhibit A;(off Fll �N e�7Y (2 I— `s 0 Fr cE�
C. The DESIGN/BUILDER'S Proposal, attached hereto as Exhibit B;(OA/Fi Le- i,V L'11'Y C1eltg�ls
OF,a,e-
D. The Faithful performance bond attached hereto as Exhibit C;
E. The Payment Bond attached hereto as Exhibit D;
F. The Warranty-Bond attached hereto as Exhibit E;
G. Construction Documents, upon approval by Owner in accordance with Article 9 herein.
2.03 Should there be any conflict between the terms of this Agreement and the proposal
of DESIGN/BUILDER, then this Agreement shall control and nothing herein shall be considered as
an acceptance of the terms of said proposal which is in conflict herewith.
2.04 This Agreement, together with all other Contract Documents constitutes the entire
Agreement between the Parties hereto and all other representations or statements heretofore made,
verbal or written, are merged herein. This Agreement may be amended only by written
modification executed by. duly authorized representatives of the Parties hereto or according to the
Change Order procedure set forth herein.
2
jmplUg:agrcc/sloragc/4123/98
ARTICLE 3
OWNER'S DUTIES AND RESPONSIBELITIES
3.01 Owner DesiMation of Authorized Representative. The CITY shall designate,
from time to time, one or more representatives authorized to act on the CITY's behalf with respect
to the Project.
3.02 Owner's Right To Award Separate Contracts. The CITY reserves the right to
perform Work or operations related to the Project, with the Owner's own forces, and to award
separate contracts in connection with the Project.
3.03 Owner's Right To Stop The Work. If the DESIGN/BUILDER fails to correct
defective Work as required herein, or persistently fails to carry out the Work in accordance with
the Contract Documents, the CITY may, in its sole discretion, elect to order the
DESIGNIBUILDER to stop the Work, or any portion thereof until the CITY reasonably determines
that the cause for such order has been eliminated. The CITY's right to stop the Work is in addition
to the CITY's right to terminate set forth herein.
3.04 CITY's Rieht To Carry Out The Work. If the DESIGN/BUILDER defaults and
neglects to carry out the Work in accordance with the Contract Documents or fails to perform any
of its obligations under the Contract Documents, the CITY may, after forty-eight (48) hours written
notice to the DESIGN/BUILDER, and without prejudice to any other remedy the CITY may have,
make good such deficiencies. In such case, an appropriate Change Order shall be issued deducting
from the payments then or thereafter due the DESIGN/BUILDER the cost of correcting such
deficiencies. If the payments then or thereafter due the DESIGN/BUILDER are not sufficient to
cover such amount, the DESIGNIBUILDER shall pay the difference to the CITY within thirty (30)
days of written demand from the CITY.
ARTICLE 4
TIME OF PERFORMANCE
4.01 Contract Time. Time is of the essence of this Agreement. By executing this
Agreement, DESIGNIBUILDER confirms that the Contract Time is a reasonable period for
performing the Work. DESIGN/BUILDER agrees to commence Work immediately upon receipt
of a written Notice to Proceed issued by the CITY, to continue performance of the Work in a
diligent workmanlike manner, to achieve Substantial Completion of the Work within seven (7)
months after the date of issuance of the Notice to Proceed and to achieve final completion of the
Work within the time fixed by the City in its Certificate of Substantial Completion (the "Contract
Time"). The Contract Time may be extended only with the written permission of the CITY.
4.02 Schedules. The planning, design, construction and completion of the Project shall
be undertaken and completed in accordance with the Project Schedule to be provided to the CITY
within ten (10) days after issuance of the Notice to Proceed. The Project Schedule shall define
major design and construction activities, their sequences and elapsed completion time from the date
of the Notice to Proceed. The Project Schedule shall be updated throughout the performance of the
Work. The Project Schedule may be amended to benefit the Project if mutually agreed by the
CITY and DESIGN/BUILDER in writing.
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4.03 Delays and Extensions of Time.
A. If the DESIGN/BUILDER is delayed in the progress of the Work by acts or neglect
of the CITY, CITY's employees, separate contractors employed by the CITY,
changes ordered in the Work not caused by the fault of DESIGN/BUILDER, fire,
unusual delay in transportation, adverse weather conditions not reasonably
anticipated, unavoidable casualties, or other causes beyond the
DESIGN/BUILDER'S control, then the Date of Substantial Completion shall be
extended for a period equal to the length of such delay if, within ten (10) calendar
days after the beginning of any such delay, the DESIGN/BUILDER delivers to the
CITY a request for extension for such delay and such request is approved by the
CITY. CITY's approval of such request shall not be unreasonably withheld.
B. An extension of time shall be the DESIGN/BUILDER's sole remedy for any such
delay unless the same shall have been caused by acts constituting intentional
interference by the CITY with the DESIGN/BUILDER'S performance of the Work
where such acts continue after the DESIGNIBUILDER's written notice to the CITY
of such interference. In the event the DESIGN/BUILDER'S work has been delayed
by acts constituting intentional interference by the CITY, the DESIGN/BUILDER
shall be entitled to reimbursement for its reasonable additional costs resulting from
such delays but not for any additional profit or overhead.
4.04 Liquidated Damages. DESIGN/BUILDER and CITY recognize that time is of the
essence of this Agreement and that CITY will suffer substantial economic damage if the Work is
not completed within the times specified hereinabove, plus any extensions thereof allowed in
accordance with this Agreement. The Parties also recognize the extent of such damages shall be
incapable of accurate measurement. Nonetheless, the Parties acknowledge that on the date of this
Agreement, the amount of liquidated damages set forth below represents a good faith estimate as to
the actual potential damages that the CITY would incur as a result of late Substantial Completion of
the Project. The amount of the liquidated damages calculated hereunder dues not include any
penalty.
4.05 Amount of Liquidated Damages. If the DESIGN/BUILDER fails to achieve
Substantial Completion of the Work on or before the date specified hereinabove,
DESIGN/BUILDER and its surety shall pay to the CITY liquidated damages in the amount of
Two Hundred Fifty Dollars ($250) per day for each day the date of Substantial Completion is
delayed beyond the date set forth in this Agreement. It is further mutually understood and agreed
between CITY and DESIGN/BUILDER that the sums of liquidated damages set forth above are
additive for each and every day of delay in the event that Substantial Completion is so exceeded. It
is further understood and agreed upon by and between CITY and DESIGN/BUILDER that
liquidated damages may be assessed against progress payments or retainage and that CITY will
issue a deductive Change Order for the amount specified herein and will reduce the Contract Price
accordingly. In the event the remaining, unpaid Contract Price is insufficient to cover the full
amount of assessed liquidated damages, DESIGN/BUILDER or its surety shall pay the difference
to CITY on demand. This paragraph shall not limit the CITY's ability to seek and obtain additional
legal remedies or damages that result from breaches of the Contract Documents by the
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DESIGN/BUILDER, other than those caused by delay in achieving Substantial Completion.
ARTICLE 5
CONTRACT PRICE
5.01 In consideration of DESIGNIBUILDER's performance of the Work described
herein, CITY agrees to pay DESIGNIBUILDER the Lump Sum Contract Price of:
Three Hundred Twenty Five Thousand Six Hundred Twenty Six Dollars ($325,626) in accordance
with the payment procedures set forth in Article 6 herein. Except as otherwise provided in the
Contract Documents, the Contract Price will fully compensate DESIGNIBUILDER for all Work
required by the Contract Documents.
ARTICLE 6
PAYMENT AND COMPLETION
6.01 Schedule of Values. Before submitting the first Application for Payment, and
within ten (10) calendar days after CITY's issuance of the Notice to Proceed, the
DESIGN/BUILDER shall submit to the CITY for review a Schedule of Values, setting forth
quantities and prices of items aggregating the Contract Price and will subdivide the Work into
component parts in sufficient detail to serve as the basis for progress payments during performance
of the Work. Such prices will include all overhead and profit applicable to each item of Work.
The Schedule of Values, as agreed to by the CITY, shall be used as a basis for payment.
6.02 Application For Payment.
A. The DESIGN/BUILDER shall deliver to the CITY on the first day of each month,
an Application for Payment covering the Work performed during such month. The
Application for Payment shall constitute a representation by the
DESIGN/BUILDER to the Owner that, the design and construction have progressed
to the point indicated, the quality of the Work covered by the Application is in
accordance with the Contract Documents, and the DESIGN/BUILDER is entitled to
payment in the amount requested.
B. In submitting each Application For Payment; DESIGNIBUILDER warrants that:
title to all Work covered by each Application for Payment shall pass to the CITY no
later than the time of payment. The DESIGNIBUILDER further warrants that all
Work covered by the previous Application for Payments is free and clear of liens,
claims, security interest or other encumbrances.
C. Each Application for Payment shall:
l. Reference this Agreement;
2. Describe the services performed;
3. Include an estimate of the percentage of Work completed;
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4. Show the total amount of the payment due;
5. Include a certification by a principal member of the DESIGN/BUELDER's
firm that the Work has been performed in accordance with the provisions of
this Agreement;
6. Include such documentation as may be necessary to substantiate costs
incurred, or estimated to be incurred and percentage of completion of Work;
7. Include duly completed and executed forms of Conditional Waiver and
Release in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering the
payment requested; and
8. Include duly completed and executed forms of Unconditional Waiver and
Release, in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering the
payment received by DESIGN/BUILDER for the previous Application for
Payment.
6.03 Payment.
A. Upon submission of any such Application for Payment, if CITY is satisfied that
DESIGN/BUILDER is making satisfactory progress toward completion of Work in
accordance with this Agreement, CITY shall promptly approve the Application, in
which event payment shall be made within thirty (30) days of receipt of the Application
by CITY. Such approval shall not be unreasonably withheld. If the CITY does not
approve an Application for Payment, CITY shall notify DESIGN/BUILDER in writing
of the reasons for non-approval, within seven (7) calendar days of receipt of the
Application.
B. Subject to verification of the value of Work completed, the CITY shall pay the
DESIGN/BUILDER for the percentage of Work completed through the period covered
by the Application for Payment less 10% retainage.
C. The DESIGN/BUILDER shall have the option to substitute securities for monies
withheld from Progress Payments to ensure DESIGN/BUILDER's performance under
the terms of this Agreement.
6.04 Withholdin of Payments. The CITY may refuse to make payment, or because
of subsequently discovered evidence or observations, shall nullify the whole or any part of any
payment previously issued, to such extent as may be necessary to protect the CITY from loss
because of:
A. Defective work not remedied;
B. Third parties claims filed are reasonable evidence indicating probable filing of such
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claims;
C. Failure of DESIGN/BUILDER to make payments of undisputed amounts to
subcontractors for labor, materials or equipment;
D. Damage to the CITY caused by default or neglect of the DESIGN/BUILDER to the
extent not covered by insurance, or
E. Reasonable evidence that the work cannot be completed within the Contract Time.
6.05 Substantial Completion. When the DESIGN/BUILDER considers that the Work
is Substantially Complete, the DESIGN/BUILDER shall prepare and submit to the CITY a request
for issuance of a Certificate of Substantial Completion and a comprehensive list of items to be
completed. The DESIGNIBUILDER shall proceed promptly to complete and correct the items.
Failure to include an item on the DESIGN/BUILDER's list does not alter the responsibility of the
DESIGN/BUILDER to complete all Work in accordance with the Contract Documents. Upon
receipt of the DESIGN/BUILDER'S request for issuance of a Certificate of Substantial Completion,
the CITY will make an inspection to determine whether Substantial Completion has occurred. The
CITY may either reject the DESIGN/BUILDER's request for issuance of a Certificate of
Substantial Completion or issue a Certificate of Substantial Completion with the punchlist items of
Work to be completed or corrected ("Punchlist") and fixing the time within which
DESIGNIBUILDER shall complete the Punchlist items and achieve Final Completion.
6.06 Final Completion and Final Payment.
A. When the DESIGN/BUILDER considers that the Work is finally complete, the
DESIGN/BUILDER shall so notify the CITY. The CITY will inspect the Work
and will either reject the request or accept the Work as evidenced by the recordation
of a Notice of Completion.
B. Neither final payment nor any final release of retainage shall become due to
DESIGN/BUILDER until sixty (60) days following CITY's recordation of a Notice
of Completion and the DESIGN/BUILDER submits to the Owner:
1. An affidavit that all payrolls, bills for materials and equipment and other
indebtedness connected with the Work for which the CITY might in any
way be responsible, have been paid or otherwise satisfied;
2. Consent of surety to final payment;
3. Data establishing payment or satisfaction of all obligation such as receipts,
releases and waivers from all persons legally eligible to file stop notices in
connection with the Work;
4. Submittal of Records, Drawings and Documents in reproducible format;
5. Submittal of warranties, operational and maintenance manuals and other
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submittals required by the Contract Documents; and
6. Such other documentation as the CITY may reasonably require.
6.07 Waiver of Claims. Acceptance of Final Payment by the DESIGNIBUILDER shall
constitute a waiver of affirmative claims by the DESIGN/BUILDER, except those previously made
in writing and identified as unsettled of the time of final payment.
ARTICLE 7
PROJECT DOCUMENTS
7.01 Use of Materials. DESIGN/BUILDER agrees that all materials prepared
hereunder, including all original drawings, designs, reports, field and office notices, calculations,
maps and other documents, shall be turned over to CITY upon termination of this Agreement or
upon Final Completion of the Project, whichever occurs first. In the event this Agreement is
terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise
sees fit. Title to said materials shall pass to the CITY upon payment of amounts determined by
CITY to be earned by DESIGN/BUILDER to the point of termination or completion of the
PROJECT, whichever is applicable. DESIGN/BUILDER shall be entitled to retain copies of all
data prepared hereunder.
7.02 Delivery of Work Product. A copy of every technical memo and report prepared
by DESIGN/BUILDER shall be submitted to the CITY to demonstrate progress toward completion
of tasks. In the event CITY rejects or has comments on any such work product, CITY shall
identify specific requirements for satisfactory completion.
7.03 Record Documents. DESIGN/BUILDER shall maintain in a safe place at the
Project Site one record copy of all drawings, specifications, addenda, written amendments, change
orders, field orders and work change directives, in good order and annotated to show all changes
made during construction ("Record Documents"). These Record Documents, together with all
approved submittals, will be available to CITY for reference. Upon completion of the Work, these
Record Documents and submittals, including a reproducible set of Record Drawings, will be
delivered to CITY as a condition precedent to Final Payment.
ARTICLE 8
DESIGN/BUILDER REPRESENTATIONS AND RESPONSIBILITIES
8.01 Examination of Local Conditions. The DESIGN/BUILDER represents that it has
taken steps reasonably necessary to ascertain the nature and location of the Work, and that it has
investigated and satisfied itself as to the general and local conditions which may affect cost,
progress, or performance of the Work such as:
A. Conditions bearing on transportation, disposal, handling, storage of materials;
B. The availability of labor, water, power and roads;
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C. Normal weather conditions;
D. Observable physical conditions at the site;
E. The surface conditions of the ground; and
F. The character of the equipment and facilities needed prior to and during the
performance of the Work.
8.02 Review of Contract Documents and Field Conditions.
A. DESIGN/BUILDER has examined and carefully studied the Contract Documents
(including the Addenda) and the other related data identified in the Request for
Proposals. The DESIGN/BUILDER shall perform the Work in accordance with the
Contract Documents and submittals approved in accordance with the procedures set
forth herein.
B. DESIGNIBUILDER has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous to
the Site which have been identified or made available by CITY.
C. The DESIGN/BUILDER shall take field measurement and verify field conditions and
shall carefully compare such field conditions and other information known to the
DESIGNIBUILDER with the Contractor Documents before commencing activities.
D. DESIGN/BUILDER has correlated the information known to DESIGNIBUILDER,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents and all additional examinations, investigations,
explorations, tests, studies and data with the Contract Documents.
E. DESIGNIBUILDER has given CITY written notice of all conflicts, errors, ambiguities
or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents
and the written resolution thereof by CITY is acceptable to DESIGNIBUILDER, and
the Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the work.
F. DESIGNIBUILDER is aware of the general nature of work to be performed by CITY
and others at the Site that relates to the Work as indicated in the Contract Documents.
8.03 Leeal Requirements. DESIGNIBUILDER is familiar with and is satisfied as to all
federal, state and local Laws and regulations that may affect cost, progress, performance or
furnishing of the Work. The DESIGNIBUILDER shall comply with all applicable laws and shall
give applicable notices pertaining thereto. The DESIGN/BUILDER shall prepare and file all
documents required to obtain the necessary approvals of governmental authorities having
jurisdiction over the Work and/or the Project and shall secure and pay for all permits and
governmental fees, licensees and inspections necessary for the proper execution of the Work and
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completion of the Project.
8.04 Before Starting Work.
A. DESIGN/BUILDER shall submit the following for review within ten (10) calendar
days after issuance of the Notice to Proceed.
I. A preliminary Project Schedule indicating the times (numbers of days or dates)
for starting and completing the various stages of the Work including each
Milestone specified in the Contract Documents;
2. A preliminary schedule of required Submittals and the times for submitting,
reviewing and processing each submittal;
3. A preliminary Schedule of Values and Cash Flow Projection; and
4. Certificates of insurance and endorsements (and other evidence of insurance
which either of them or any additional insured may reasonably request).
8.05 Initial Conference. Within twenty (20) calendar days after the issuance of the
Notice to Proceed, a conference attended by CITY and DESIGN/BUILDER and others as
appropriate will be held to establish a working understanding among the Parties as to the Work and
to discuss the design concepts, schedules, procedures for handling submittals, processing
Applications for Payment, maintaining required records and other Project matters.
8.06 CITY's Acceptance of Preliminary Submittals.
A. At least ten (10) days before submission of the first Application for Payment, a
conference attended by DESIGN/BUILDER, CITY and others as appropriate, will be
held to review for acceptability the required submittals. DESIGNIBUILDER shall have
an additional ten (10) calendar days to make corrections and adjustments and to
complete and resubmit the documents. No progress payment shall be made to
DESIGN/BUILDER until the submittals are acceptable to CITY as provided below.
B. The Projects Schedule will be acceptable to CITY as providing an orderly progression
of the Work to completion within any specified Milestones and the Contract Time, but
such acceptance will neither impose on CITY responsibility for the sequencing,
scheduling or progress of the Work nor interfere with nor relieve DESIGN/BUILDER
from DESIGN/BUILDER's full responsibility therefor. The format and structure of the
Project Schedule will be as set forth in the Contract Documents and approved by CITY.
CITY's acceptance shall not be deemed to confirm that the schedule is a reasonable plan
for performing the Work. DESIGN/BUILDER's Schedule of Submittals will be
acceptable to CITY as providing a workable arrangement for reviewing and processing
the required Submittals.
C. DESIGN/BUILDER'S Schedule of Values and Cash Flow Projection will be acceptable
to CITY as to form substance.
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ARTICLE 9
DESIGN PHASE SERVICES
9.01 Standard of Care. All design services to be performed by DESIGN/BUILDER and
its employees, agents and subcontractors shall be performed in an expeditious and professional
manner using architects, engineers and other professionals properly licensed and duly qualified in
the jurisdiction in which the Project is located. The professional obligations of such persons shall
be undertaken and performed in the interest of the DESIGNIBUILDER. All design services
performed pursuant to this Agreement shall be provided with the standard of judgment, care,
knowledge and skill which prevails among design professionals, of knowledge and skill, engaged in
practice within Southern California under the same or similar circumstances, involving the design
and construction of an improvement such as this Project in compliance with the CITY's
requirements and performance criteria. Nothing in this article shall create a contractual relationship
between such persons and the CITY.
9.02 Preliminary Design Phase. After the Contract Time commences and within the
times set forth in the Project Schedule accepted by CITY, DESIGN/BUILDER shall:
A Consult with CITY to understand CITY's requirements for the Project and review
available data;
R. Advise CITY as to the necessity of CITY's providing or obtaining from others
additional reports, data or services and assist CITY in obtaining such reports, data,
or services;
C. Identify and analyze requirements of governmental authorities having jurisdiction to
approve the portions of the Project designed or specified by DESIGN/BUILDER
with whom consultation is to be undertaken in connection with the Project;
D. Prepare Conceptual Plans which shall illustrate the scale and relationship of Project
components, outline the nature and structural exterior and three dimensional scale of
the Projects and shall fix and describe in detail the configuration and character of
the Project;
E. Upon approval of the Conceptual Plans, prepare Preliminary Design Documents
consisting of final design criteria, preliminary drawings, outline specifications,
written descriptions of the Project and other documents to fix and describe the size,
quality and character of the entire Project; and
F. Furnish the Preliminary Design Documents to and review them with CITY for
approval within the time indicated in the approved Project Schedule.
DESIGN/BUILDER shall not proceed with the Final Design Phase until it receives
written authorization from CITY to do so.
9.03 Final Design Phase. After written acceptance by CITY of the Preliminary Design
Documents DESIGNIBUILDER shall:
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A. On the basis of the accepted Preliminary Design Documents, prepare final
Construction Documents showing the scope, extent, and character of the
construction to be performed and furnished by DESIGN/BUILDER including
technical drawings, schedules, diagrams and specifications (which will be prepared,
where appropriate, in general conformance with the sixteen division format of the
Construction Specifications Institute) setting forth in sufficient detail for the
purposes of competitive bidding, the requirements for construction of the Work
which shall provide information customarily necessary for the use of those in
building trades.
B. Provide technical criteria, written descriptions and design data required for
obtaining approvals of such governmental authorities as have jurisdiction to review
or approve the final design of the Project, and assist CITY in consultations with
appropriate authorities.
C. Furnish the above documents, drawings and specifications to and review them with
CITY for approval within the time indicated in the approved Project Schedule.
DESIGN/BUILDER shall not proceed with the Construction Phase unless and until
it receives written authorization from CITY to do so. CITY reserves the right to
require DESIGN/BUILDER to competitively bid the Construction Phase Services
when the Construction Documents are complete and to terminate this Contract for
convenience and award the Construction Phase Services to the low bidder. If the
low bidder is other than DESIGNIBUILDER, this Contract may be terminated for
convenience and DESIGNIBUILDER will be compensated for the reasonable value
of services performed prior to termination.
ARTICLE 10
CONSTRUCTION PHASE SERVICES
10.01 General.
A. Construction services shall be performed by DESIGNIBUILDER and/or by qualified
and licensed contractors, subcontractors and suppliers who are selected, paid and acting
in the interest of the DESIGN/BUILDER. DESIGN/BUILDER shall provide or cause
to be provided and shall pay for design services, labor, materials, equipment, tools,
construction equipment and machinery, water, heat, utilities, transportation and other
facilities and services necessary for proper execution and completion of the Work,
whether temporary or permanent and whether or not incorporated or to be incorporated
in the Work.
B. The DESIGN/BUILDER shall be responsible for and shall coordinate all construction
means, methods, techniques, sequences and procedures.
C. The DESIGNIBUILDER shall keep the CITY informed of the progress and quality of
the Work.
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D. The DESIGN/BUILDER shall keep the premises free from accumulation of waste
materials or rubbish caused by the DESIGN/BUILDER's operations. At the completion
of construction of the Work, the DESIGN/BUILDER shall remove from and about the
Project the DESIGN/BUILDER'S tools, construction equipment, machinery, surplus
materials, waste materials and rubbish.
10.02 Supgryision and Superintendent of Construction.
A. DESIGN/BUILDER shall supervise, inspect and direct the construction competently
and efficiently, devoting such attention thereto and applying such skills and expertise as
may be necessary to provide the construction in accordance with the Contract
Documents. DESIGN/BUILDER shall be solely responsible to see that the completed
construction complies accurately with the Contract Documents and shall keep CITY
advised as to the quality and progress of the Work.
B. DESIGN/BUILDER shall keep on the Site at all times during construction a competent
resident superintendent, who shall not be replaced without written notice to CITY
except under extraordinary circumstances. The CITY shall have the right, at any time,
to direct a change in the DESIGN/BUILDER'S key personnel if performance is
unsatisfactory, as determined by CITY in its sole discretion. The superintendent will be
DESIGN/BUILDER'S representative at the Site and shall have authority to act on behalf
of DESIGN/BUILDER. All communications to the superintendent shall be as binding
as if given to DESIGN/BUILDER.
10.03 Labor, Materials and Equipment.
A. DESIGN/BUILDER shall provide competent, suitably qualified personnel to survey
and lay out the construction and perform construction as required by the Contract
Documents. DESIGN/BUILDER shall at all times maintain good discipline and
order at the Site. Except as otherwise required for the safety or protection of
persons or the Work or property at the Site or adjacent thereto, and except as
otherwise indicated in the Contract Documents, all construction at the Site shall be
performed during regular working hours, and DESIGN/BUILDER will not permit
overtime work or the performance of construction of Saturday, Sunday or any legal
holiday without CITY's written consent, which will not be unreasonably withheld.
B. Unless otherwise specified in the Contract Documents, DESIGN/BUILDER shall
furnish or cause to be furnished and assume full responsibility for materials,
equipment, labor, transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary
facilities and all other facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work. DESIGN/BUILDER,
in the presence of CITY's personnel, will direct the checkout of utilities and
operations of systems and equipment.
C. All materials and equipment incorporated into the Work shall be of good quality and
new, except as otherwise provided in the Contract Documents. All warranties and
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guarantees specifically called for by the Contract Documents shall expressly run to
the benefit of CITY. if required by CITY, DESIGN/BUILDER shall furnish
satisfactory evidence (including reports of required tests) as to the kind and quality
of materials and equipment. All materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise provided in the Contract Documents.
ARTICLE 11
OPERATIONAL PHASE
11.01 During the operational phase, DESIGN/BUILDER shall:
A. Provide assistance in connection with the start-up, testing, refining and adjusting of
any equipment or system.
B. Assist CITY in training staff to operate and maintain the Project.
C. Assist CITY in developing systems and procedures for control of the operation and
maintenance of and record keeping for the Project.
ARTICLE 12
SUBCONTRACTORS SUPPLIERS AND OTHERS
12.01 DESIGN/BUILDER shall not employ any subcontractor, engineer, supplier or other
individual or entity against whom CITY may have reasonable objection. DESIGN/BUILDER shall
not be required to employ any subcontractor, engineer, supplier or other individual or entity to
furnish or perform any of the Work against whom DESIGN/BUILDER has reasonable objection.
12.02 DESIGN/BUILDER shall be fully responsible to CITY for all acts and omissions of
the subcontractors, engineers, suppliers and other individuals or entities performing or furnishing
any of the Work under a direct or indirect contract with DESIGN/BUILDER. Nothing in the
Contract Documents shall create for the benefit of any such subcontractor, engineer, supplier or
other individual or entity any contractual relationship between CITY and any such subcontractor,
engineer, supplier or other individual or entity, nor shall it create any obligation on the part of
CITY to pay or to see to subcontractor, engineer, supplier or other individual or entity except as
may otherwise be required by laws and regulations.
12.03 DESIGN/BUILDER shall be solely responsible for scheduling and coordinating
subcontractors, engineers, suppliers and other individuals and entities performing or furnishing any
of the work under direct or indirect contract with DESIGNIBUILDER. DESIGN/BUILDER shall
require all subcontractors, engineers, suppliers and such other individuals and entities performing
or furnishing any of the Work to communicate with the CITY through DESIGN/BUILDER.
12.04 All services performed or provided to and material and equipment supplied to
DESIGN/BUILDER by a Subcontractor or Supplier will be pursuant to an appropriate design sub-
agreement or construction sub-agreement between DESIGN/BUILDER and the subcontractor,
engineer or supplier which specifically binds the subcontractor, engineer or supplier to the terms
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and conditions of the Contract Documents for the benefit of CITY. Whenever any such agreement
is with a subcontractor, engineer or supplier who is listed as an additional insured on the property
insurance provided for herein, the agreement between the DESIGN/BUILDER and the
subcontractor, engineer or supplier will contain provisions whereby the subcontractor, engineer or
supplier waives all rights against CITY, DESIGNIBUILDER, CITY's consultants and all other
additional insureds for all losses and damages caused by any of the perils or causes of loss covered
by such policies and any other property insurance applicable to the Work. If the insurers on any
such policies require separate waiver forms to be signed by any subcontractor, engineer or supplier,
DESIGN/BUILDER will obtain the same.
ARTICLE 13
BONDS
13.01 DESIGN/BUILDER shall, prior to entering upon the performance of this
Agreement, furnish the following three bonds approved by the City Attorney:
A. A Performance Bond in the amount of one hundred percent of the Contract Price to
guarantee the DESIGN/BUILDER's faithful performance of the Work;
B. A Warranty Bond in the amount of one hundred percent of the Contract Price to
warrant such performance for a period of one (1) year after CITY's acceptance thereof;
and
C. A Payment Bond in the amount of one hundred percent of the Contract Price to
guarantee payment of all claims for labor and materials furnished.
13.02 The bonds shall be executed by a California admitted surety rated A-VII or better in
Best's Insurance Guide. If a Best's Insurance Guide rating is not available, the proposed surety
must meet comparable standards of another rating service satisfactory to CITY. Bonds issued by a
surety listed in the latest version of the U.S. Department of Treasury Circular 570 shall be deemed
to be accepted unless specifically rejected by CITY. Bonds from sureties not listed in Treasury
Circular 570 must be accompanied by all of the documents enumerated in California Code of Civil
Procedure Section 995.660(a).
13.03 Every bond must display the surety's bond number and incorporate the Contract
Documents by reference. The terms of the bonds shall provide that the surety agrees that no
change, extension of time, alteration or modification of the Contract Documents or the Work to be
performed thereunder shall in any way affect its obligations and shall waive notice of any such
change, extension of time, alteration or modification of the Contract Documents.
ARTICLE 14
INDEMNIFICATION
14.01 To the fullest extent permitted by law, the DESIGN/BUILDER hereby assumes
liability for and agrees to indemnify and hold harmless, the CITY, its officers, officials, agents,
employees, and representatives (hereinafter referred to as "Indemnities") from and against any and
all claims, demands, defense costs, action, expenses of any kind whatsoever, arising out of or
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encountered in connection with this Agreement or the prosecution of Work under it (including but
not limited to errors or omissions in design or design-build work for which DESIGN/BUILDER or
its subcontractor(s) were responsible), whether such claims, demands, actions or liability are caused
by DESIGN/BUILDER, DESIGN/BUILDER'S subcontractors, agents or employees or products
installed on the Project by DESIGN/BUILDER or subcontractors, regardless of whether caused in
part by a party indemnified hereunder, excepting only such injury, death, or damages as may be
caused solely and exclusively by the negligence or willful misconduct of the Indemnitees, as
determined by a court of competent jurisdiction, and such indemnification shall extend to all claims,
demands, actions, defense costs, or liability for injuries, death, or damages occurring after
completion of the Project as well as during the Work's progress. DESIGNIBUILDER further
agrees that it shall (at the option of the party required to be indemnified hereunder) at its own cost,
expense, and risk, defend Indemnitees in any and all claims, demands, actions, suits, or other legal
proceedings which may be brought or instituted against Indemnitees.
14.02 This indemnity shall survive termination of the Agreement or final payment
hereunder. This indemnity is in addition to any other rights or remedies which the Indemnitees
may have under the law or under the Contract Documents. In the event of any claim or demand
made against any party which is entitled to be indemnified hereunder, the CITY may, in its sole
discretion, reserve, retain or apply any monies due to the DESIGN/BUILDER under the
Agreement for the purpose of resolving such claims; provided, however, that the CITY may release
such funds if the DESIGN/BUILDER provides the CITY with reasonable assurance of protection
of the Indemnitees' interest. The CITY shall in its sole discretion determine whether such
assurances are reasonable.
ARTICLE 15
INSURANCE
15.01. Workers Compensation Insurance.
A. Pursuant to California Labor Code section 1861, DESIGN/BUILDER
acknowledges awareness of section 3700 er seq. of said Code, which requires every
employer to be insured against liability for workers compensation;
DESIGN/BUILDER covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
B. DESIGN/BUILDER shall maintain workers compensation insurance in an amount
of not less than:
1. One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence;
2. One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee; and
3. Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,
aggregate policy limit.
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C. DESIGN/BUILDER shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees.
DESIGN/BUILDER shall furnish to CITY a certificate of waiver of subrogation
under the terms of the workers compensation insurance and DESIGN/BUILDER
shall similarly require all subcontractors to waive subrogation.
15.02 General Liability Insurance. DESIGN/BUILDER shall obtain and furnish to
CITY, a policy of general public liability insurance, including motor vehicle coverage covering the
PROJECT. Said policy shall indemnify DESIGN/BUILDER, its officers, agents and employees,
while acting within the scope of their duties, against any and all claims of arising out of or in
connection with the PROJECT, and shall provide coverage in not less than the following amounts:
A. Combined single limit bodily injury and property damage, including products/completed
operations liability and blanket contractual liability, of$1,000,000 per occurrence.
B. If coverage is provided under a form which includes a designated general aggregate
limit, the aggregate limit must be no less than $1,000,000.
Said general liability policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be applicable
to the Project shall be deemed excess coverage and that DESIGN/BUILDER's insurance shall be
primary.
15.03 Professional Liability Insurance. DESIGN/BUILDER shall furnish a professional
liability insurance policy covering the design work required by the Contract Document. Said policy
shall provide coverage for Consultant's professional liability in an amount not less than $1,000,000
per occurrence and in the aggregate. A claims made policy shall be acceptable if the policy further
provides that:
A. The policy retroactive date coincides with or precedes the DESIGN/BUILDER's
start of work (including subsequent policies purchased as renewals or replacements).
B. DESIGN/BUILDER will make every effort to maintain similar insurance during the
required extended period of coverage following Project completion, including the
requirement of adding all additional insureds.
C. if insurance is terminated for any reason, DESIGN/BUILDER agrees to purchase
an extended reporting provision of at least two (2) years to report claims arising
from work performed in connection with this Agreement.
D. The reporting of circumstances or incidents that might give rise to future claims.
15.04 Certificates of Insurance and Endorsements. Prior to commencing performance
of the Work hereunder, DESIGNIBUILDER shall furnish to CITY certificates of insurance, subject
to approval of the City Attorney, evidencing the foregoing insurance coverages required by this
Agreement, said certificates and endorsements shall:
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A. Name the CITY as an additional insured with the sole exception of professional
liability insurance;
B. Provide the name and policy number of each carrier and policy.-
C. Shall state that the policy is currently in force; and
D. Shall promise that such policies shall not be suspended, voided or canceled by either
party, reduced in coverage or in limits except after thirty days prior written notice to
the CITY; however, ten days prior written notice in the event of cancellation for
nonpayment of premium.
15.05 DESIGN/BUILDER shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY. The requirement for
carrying the foregoing insurance coverages shall not derogate from the provisions for
indemnification of CITY by DESIGN/BUILDER under the Agreement. CITY or its representative
shall at all times have the right to demand the original or a copy of all said policies of insurance.
DESIGNIBUILDER shall pay, in a prompt and timely manner, the premiums on all insurance
hereinabove required.
ARTICLE 16
PATENT FEES AND ROYALTIES
16.01 DESIGNIBUILDER shall pay all license fees and royalties and assume all costs
incident to the use in the performance of the Work or the incorporation in the Work of any
invention, design, process, product or device which is the subject of patent rights or copyrights
held by others. To the fullest extent permitted by laws and regulations. DESIGN/BUILDER shall
defend, indemnify and hold harmless CITY and its agents, employees and officers, from and
against all claims, costs, losses and damages (including bug not limited to all fees and charges of
engineers, architects, attorneys and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or pertaining, in any manner, to any actual or alleged infringement
of patent rights or copyrights incident to the use in the performance of the Work or resulting from
the incorporation in the Work of any invention, design, process, product or device not specified in
the conceptual documents.
16.02 The DESIGNIBUILDER offers and agrees to assign to the CITY all rights, title and
interest in and to all causes of action it may have under Section 4 of the CIayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code of the State of California), arising from purchases
of goods, services or materials pursuant to performance of the Work. This assignment will be
made and becomes effective at the time CITY tenders final payment to DESIGN/BUILDER,
without further acknowledgment by the Parties.
ARTICLE 17
PERIMITS
17.01 Unless otherwise provided in the Contract Documents, DESIGN/BUILDER shall
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directly or through one or more subcontractors obtain and pay for all necessary permits and
licenses. CITY shall assist DESIGN/BUILDER, when necessary, in obtaining such permits and
licenses. DESIGN/BUILDER shall pay all governmental charges and inspection necessary for the
prosecution of the construction, which are applicable on the last day for receipt of proposals.
DESIGN/BUILDER shall pay all charges of utility owners for connections to the Work, and CITY
shall pay all charges of such utility owners for capital costs related thereto.
ARTICLE 18
LAWS AND REGULATIONS
18.01 DESIGN/BUILDER shall give all notices and comply with all laws and regulations
of the place of the Project which are applicable to furnishing and performance of the Work. Except
where otherwise expressly required by applicable laws and regulations, CITY shall not be
responsible for monitoring DESIGN/BUILDER's compliance with any laws or regulations.
18.02 If DESIGN/BUILDER performs any work knowing or having reason to know that
it is contrary to laws or regulations, DESIGNIBUILDER shall bear all costs arising therefrom.
18.03 Changes in laws and regulations not known or foreseeable on the date of receipt of
proposals having an effect on the cost or time of performance may be the subject of a claim as
provided for herein.
ARTICLE 19
TAXES
19.01 DESIGN/BUILDER shall pay all sales, consumer, use, gross receipts and other
similar taxes required to be paid by DESIGNIBUILDER in accordance with the laws and
regulations of the place of the Project which are applicable during the performance of the Work.
ARTICLE 20
USE OF SITE AND OTHER AREAS
20.01 DESIGN/BUILDER shall confine construction equipment, the storage of materials
and equipment and the operations of construction workers to those lands and areas permitted by the
CITY and other land and areas permitted by laws and regulations, rights-of-way, permits and
easements, and shall not unreasonably encumber the premises with construction equipment or other
materials or equipment. DESIGN/BUILDER shall assume full responsibility for any damage to
any such land or area, or to the CITY or occupant thereof or of any adjacent land or areas,
resulting from the performance of the Work. DESIGN/BUILDER shall, to the fullest extent
permitted by laws and regulations, indemnify and hold harmless CITY, CITY's consultants and
anyone directly or indirectly employed by any of them from and against all claims, costs, losses
and damages (including, but not limited to, fees of engineers, architects, attorneys and other
professionals and court and arbitration or other dispute resolution costs) arising out of or resulting
from any claim or action, legal or equitable, brought by any such CITY or occupant against CITY,
or any other party indemnified hereunder to the extent caused by or based upon
DESIGN/BUILDER'S performance of the construction.
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20.02 During the performance of the construction, DESIGN/BUILDER shall keep the
premises free from accumulations of waste materials, rubbish and other debris resulting from the
construction. At the completion of the construction DESIGN/BUILDER shall remove all waste
materials, rubbish and debris from and about the premises as well as all tools, appliances,
construction equipment, temporary construction and machinery and surplus materials.
DESIGNIBUILDER shall leave the Site clean and ready for occupancy by CITY at substantial
completion. DESIGN/BUILDER shall restore to original condition all property not designated for
alteration by the Contract Documents.
20.03 DESIGNIBUILDER shall not load nor permit any part of any structure to be loaded
in any manner that will endanger or damage the structure, nor shall DESIGNIBUILDER subject
any part of the Work or adjacent property to stresses or pressures that will endanger or damage it.
ARTICLE 21
SAFETY AND PROTECTION
211.01 DESIGN/BUILDER shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the construction.
DESIGNIBUILDER shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
A. All persons on the Site or who may be affected by the construction;
B. All work and materials and equipment to be incorporated therein, whether in storage
on or off the Site; and
C. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and underground facilities not designated
for removal, relocation or replacement in the course of construction.
21.02 DESIGN/BUILDER shall comply with applicable laws and regulations of any
public body having jurisdiction for safety of persons or property or to protect them from damage,
injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection.
DESIGN/BUILDER shall notify owners of adjacent property and of underground facilities and
utility owners when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation and replacement of their property. All damage, injury or loss to
any property caused, directly or indirectly, in whole or in part, by DESIGN/BUILDER, any
subcontractor, supplier or any other individual or entity directly or indirectly employed by any of
them to perform or furnish any of the work or anyone for whose acts any of them may be liable,
shall be remedied by DESIGN/BUILDER. DESIGN/BUILDER'S duties and responsibilities for
safety and for protection of the construction shall continue until such time as all the work in
completed and CITY has issued a notice to DESIGN/BUILDER in accordance with Section 12.09
that the work is acceptable (except as otherwise expressly provided in connection with Substantial
Completion).
21.03 Safety Representative. DESIGN/BUILDER shall designate a qualified and
experienced safety representative at the Site whose duties and responsibilities shall be the
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prevention of accidents and the maintaining and supervising of safety precautions and programs.
ARTICLE 22
HAZARD COMMUNICATION PROGRAMS
22.01 DESIGN/BUILDER shall be responsible for coordinating any exchange of material
safety data sheets or other hazard communication information required to be made available to or
exchanged between or among employers at the Site in accordance with laws or regulations.
ARTICLE 23
EMERGENCIES
23.01 In emergencies affecting the safety or protection of persons or the construction or
property at the Site or adjacent thereto, DESIGN/BUILDER, without special instruction or
authorization from CITY, is obligated to act to prevent threatened damage, injury or loss.
DESIGN/BUILDER shall give CITY prompt written notice if DESIGN/BUILDER believes that
any significant changes in the construction or variations from the Contract Documents have been
caused thereby. If a change in the Contract Documents is required because of the action taken by
DESIGN/BUILDER in response to such an emergency a work change directive or change order
will be issued to document the consequences of such action.
ARTICLE 24
SUBMITTALS
24.01 CITY will review and approve submittals in accordance with the schedule of
required submittals accepted by CITY as required by the Contract Documents. CITY's review and
approval will be only to determine if the items covered by the submittals will, after installation or
incorporation in the construction, conform to the information given in the Contract Documents and
be compatible with the design concept of the completed project as a functioning whole as indicated
by the Contract Documents. CITY's review and approval will not extend to means, methods,
techniques, sequences or procedures of construction (except where a particular means, method,
technique, sequence or procedure of construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs incident thereto. The review and
approval of a separate item, as such, will not indicate approval of the assembly in which the item
functions. DESIGN/BUILDER shall make corrections required by CITY, and shall return the
required number of corrected copies of the required submittal for review and approval.
DESIGN/BUILDER shall direct specific attention in writing to revisions other than the corrections
called for by CITY on previous submittals.
24.02 CITY's review and approval of required submittals shall not relieve
DESIGN/BUILDER from responsibility for any variation from the requirements of the Contract
Documents unless DESIGN/BUILDER has in writing called CITY's attention to each such
variation oat the time of submission and CITY has given written approval of each such variation by
specific written notation thereof incorporated in or accompanying the submittal.
24.03 Where a submittal is required by the Contract Documents of related construction
provided prior to CITY's review and approval of the pertinent submittal will be at the sole expense
and responsibility of DESIGN/BUILDER.
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ARTICLE 25
CONTINUING THE WORK
25.01 DESIGN/BUILDER shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with CITY. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as DESIGN/BUILDER and CITY may
otherwise agree in writing.
ARTICLE 26
DESIGN/BUILDER'S GENERAL WARRANTY AND GUARANTEE
26.01 DESIGN/BUILDER hereby unconditionally guarantees the CITY that the Work
(including all services, labor and materials provided by Subcontractors, sub-subcontractors of any
tier, Vendors and Material Suppliers) shall strictly comply with the provisions of the Contract
Documents, including all Drawings and Specifications, and that the Work shall be first-class in
every particular and free from defects in construction and workmanship. The DESIGN/BUILDER
further guarantees that all materials, equipment and supplies furnished by the DESIGN/BUILDER
or by its Subcontractors, sub-subcontractor of any tier Vendors or Material Suppliers for the Work
shall be new, merchantable, of the most suitable grand and fit for their intended purposes. Work
not conforming to these requirements, including substitutions no properly approved and authorized,
shall be considered defective. Approval of any material or Work at any time or stage of
construction will not prevent its subsequent rejection for cause. The DESIGN/BUILDER shall
jointly assign all its rights and interests in warranties of Vendors and Material Suppliers to the
CITY and Owner upon Substantial Completion in a fashion that meets the specifications of this
Section.
26.02 DESIGN/BUILDER'S obligation to perform and complete the Work in accordance
with the Contract Documents shall be absolute. None of the following will constitute an acceptance
of work that is not in accordance with the Contract Documents or a release of
DESIGNIBUILDER's obligation to perform the Work in accordance with the Contract Documents:
A. Observations by CITY;
B. The making of any progress or final payment;
C. The issuance of a certificate of substantial compliance;
D. Use or occupancy of the work or any part thereof by CITY;
E. Any acceptance by CITY or any failure to do so;
F. Any review and approval of a submittal;
G. Any inspection, test or approval by others; or
H. Any correction of defective construction by CITY.
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The DESIGN/BUILDER guarantees set forth in this Article shall extent for a period of
twelve (12) months after the Date of Final Completion. The DESIGN/BUILDER's warranty
obligation as stated herein shall survive termination of the Contract. The CITY shall provide all
notices of defects in writing promptly after discovery of detective conditions. The establishment of
the time period of twelve (12) months after the Date of Final Completion or such longer period of
time as may be prescribed by law or by the terms of any longer warranty required by the Contract
Documents relates only to the specific obligation of the DESIGN/BUILDER to correct the work.
Nothing contained in this Article shall be construed to establish a period of limitation with respect to
any other liabilities which the DESIGN/BUILDER remains subject to under the Contract
Documents. Vendor and Material Supplier warranties are to have durations as set forth in the
Specifications, but in no event less than the period specified under this Section.
26.03 Without limitation of any other rights or remedies of the CITY, if any defect in the
Work in violation of the guarantees set forth above arises within twelve (12) months after the Date
of Final Completion, the DESIGN/BUILDER and its sureties shall upon receive of written notice
of such defect and demand to correct any such defective Work rejected by the CITY or the
Architect as failing to conform to the Contract Documents, at no cost to the CITY, shall within
three (3) days of receipt of notice of said defective work (unless others agree to in writing by the
CITY), furnish and provide all design and engineering, labor, equipment, materials and other
services at the site necessary to correct such defect and cause the Work to comply fully with the
foregoing guarantees. The DESIGN/BUILDER is obligated to correct all such defects, whether
these defects are discovered before or after the Date of Final Completion, and whether or not the
defective Work has been fabricated, installed or completed. Access to building's interior for
corrective work shall be closely coordinated with the CITY so as not to conflict with scheduled
events taking place within. The DESIGNIBUILDER shall obtain approved "Dark Days" from
CITY prior to commencing corrective measures of defective work. The DESIGNIBUILDER shall
bear all costs of correcting such rejected and defective Work, including access to the Work and
removal and replacement of non-defective Work which is needed in order to correct defective
Work, and also including compensation for the Architect's or Owner's Representative additional
services made necessary thereby.
26.04 In the event the DESIGN/BUILDER has been notified of any defect in the Work in
violation of the DESIGN/BUILDER's foregoing guarantees, and in the event the
DESIGNIBUILDER fails to promptly and adequately correct such defect, the CITY shall have the
right to correct or to have such defects corrected or the account of the DESIGN/BUILDER, and the
DESIGNIBUILDER shall promptly pay the CITY its costs incurred in correcting such defect.
26.05 The DESIGN/BUILDER warrants that title to all Work, materials and equipment
covered by an Application for Payment will pass to the Owner, either by incorporation in the Work
or upon the receipt of payment of such work by the DESIGN/BUILDER, whichever occurs first,
free and clear of all stop notices, claims, security interests or encumbrances. The
DESIGN/BUILDER further warrants that no Work, materials, or equipment covered by an
Application for Payment, whether acquired by the DESIGN/BUILDER, or by any other person
performing Work at the site or furnishing materials and equipment for the Project, be subject to any
stop notice or encumbrances thereon. The DESIGNIBUILDER and its surety hereby agree to
indemnify and hold all indemnitees as defined in the Agreement harmless from and against any and
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all costs, expenses including attorneys fees, damages, claims or liabilities in any way arising out of
stop notices relating to materials, equipment or services provided the DESIGN/BUILDER,
Subcontractors, sub-subcontractors and their respective Material Suppliers, Vendors, employees,
agents or representatives. It is expressly understood that the DESIGN/BUILDER's obligations in
this respect begin immediately at the outset of any filing, claim by correspondence or court
proceeding and without regard to a showing of DESIGN/BUILDER'S fault.
26.06 The DESIGN/BUILDER shall bear all costs incurred by the CITY or its separate
contractors resulting from the DESIGN/BUILDER's correction or removal of Work which does not
conform with the requirements of the Contract Documents. However, the foregoing shall not
contravene potential recovery of such costs under insurance coverage afforded for any such loss or
damage under the Insurance terms of Article 15.
26.07 The DESIGN/BUILDER'S warranty excludes damages or defects solely caused by
modifications not executed by the DESIGN/BUILDER, improper or insufficient maintenance,
improper operation by the CITY, or normal wear and tear under normal usage.
26.08 If the CITY prefers to accept defective or non-conforming Work, the CITY may do
so at it sole discretion instead of requiring removal and correction by the DESIGN/BUILDER. In
any such cases, a Change Order will be issued to reflect a reduction in the Contract Price where
appropriate and equitable. In the event that the final payment has been made or insufficient funds
remain to permit offset by the CITY, the DESIGN/BUILDER shall make prompt payment to the
CITY of the amounts so determined.
26.09 The DESIGN/BUILDER'S guarantees, as set forth in this Article 26 (hereinafter
"Article 26 Warranties"), are freely assignable to Assignees by the CITY. The
DESIGN/BUILDER hereby agrees to honor the Article 26 Warranties to such Assignees. Upon
assignment of the CITY's Warranty Rights, the Assignee shall promptly notify the
DESIGN/BUILDER, in writing, of all discovered defects or defective conditions. In no event will
the CITY's assignment of its Warranty Rights alter either the scope of Warranty Period of
DESIGN/BUILDER'S Article 26 Warranties.
ARTICLE 27
PREVAILING WAGE
27.01 DESIGN/BUILDER shall pay at least the minimum prevailing per diem wages as
provided in Section 1773, et seq. of the labor Code for each craft, classification or type of
workman required as set forth by the Director of Industrial Relations of the State of California.
ARTICLE 28
CHANGES IN THE WORK AND CLAIMS
28.01 In the event CITY requires additional services not included in the Contract
Documents, or changes in the scope of services described in the Contract Documents,
DESIGN/BUILDER will undertake such work after receiving written authorization from CITY.
Additional compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
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28.02 DESIGN/BUILDER shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing by the CITY.
DESIGNIBUILDER agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the CITY may require in writing. Under no
condition shall DESIGN/BUILDER make any changes without the written order of the CITY, and
CITY shall not pay any extra charges made by DESIGN/BUILDER that have not been agreed upon
in writing by the CITY.
28.03 When directed to change the work, DESIGN/BUILDER shall submit immediately to
the CITY a written Cost Proposal reflecting the effect of the change. Should the CITY not agree to
such cost proposal, the Work shall be performed according to the changes ordered in writing by the
CITY and the proper cost thereof shall be negotiated by the Parties upon cost and pricing data
submitted by the DESIGNIBUILDER; thereupon, CITY will promptly issue an adjusted change
order to DESIGNIBUILDER and the Contract Price and/or Contract Time will be adjusted upward
or downward accordingly.
28.04 Claims. The DESIGN/BUILDER may submit one or more claims in the forth of
Cost Proposals for any requested adjustment in the Contract Price or Contract 'rime pursuant to the
provisions of this Agreement. In such case, the DESIGN/BUILDER shall give the CITY written
notice within seven (7) calendar days after it becomes aware of the event giving rise to the Change
Proposal. Thereafter the CITY shall have a reasonable amount of time after receipt of the claim to
either confirm or refute the basis for the Cost Proposal. Failure to give the notice required by this
section shall be deemed a waiver of the claim.
ARTICLE 29
TESTS AND INSPECTIONS CORRECTION. REMOVAL
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION
29.01 Notice of Defects. Prompt written notice of all defective construction of which
CITY has actual knowledge will be given to DESIGN/BUILDER by CITY. All defective
construction may be rejected, corrected or accepted as provided in this Article.
29.02 Access To Construction. CITY, CITY's consultants, other representatives and
personnel of CITY, independent testing laboratories and governmental agencies with jurisdictional
interests will have access to the construction at the site at reasonable times for their observation,
inspection and testing. DESIGN/BUILDER shall provide them proper and safe conditions for such
access and advise them of DESIGN/BUILDER's site safety procedures and programs so that they
may comply therewith as applicable.
29.03 Tests And Inspections.
A. If the Contract Documents, laws or regulations of any public body having
jurisdiction require any part of the construction specifically to be inspected, tested
or approved, DESIGNIBUILDER shall assume full responsibility for arranging and
obtaining such inspections, tests or approvals, pay all costs in connection therewith
and furnish CITY the required certificates of inspection or approvals.
DESIGN/BUILDER shall also be responsible for arranging and obtaining and shall
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pay all costs in connection with any inspections, tests or approval required for
CITY's acceptance of materials or equipment to be incorporated in the construction
or of materials, mix designs, or equipment submitted for approval prior to
DESIGN/BUILDER's purchase thereof for incorporation in the construction.
B. DESIGN/BUILDER shall give CITY reasonable notice of the planned schedule for
all required inspections, tests or approvals.
C. If any construction (or the construction work of others) that is required to be
inspected, tested or approved is covered by DESIGNIBUILDER without written
concurrence of CITY, the Work must, if requested by CITY, be uncovered for
observation at DESIGN/BUILDER'S expense unless DESIGN/BUILDER has given
CITY timely notice of DESIGN/BUILDER'S intention to cover the same and CITY
has not acted with reasonable promptness in response to such notice.
29.04 Uncovering Construction.
A. if any construction is covered contrary to the written request of CITY or without
inspection, it must, if requested by CITY, be uncovered for CITY's observation and
recovered at DESIGN/BUILDER's expense.
B. If CITY considers it necessary or advisable that covered construction be observed
by CITY or inspected or tested by others, DESIGN/BUILDER, at CITY's request,
shall uncover, expose or otherwise made available for observation, inspection or
testing as CITY may require, that portion of the construction in question, furnishing
all necessary labor, material and equipment. If it is found that such construction is
defective, DESIGN/BUILDER shall pay all costs and damages caused by or
resulting from such uncovering, exposure, observation, inspection and testing and
of satisfactory replacement or rework, (including but not limited to all fees and
charges of engineers, architects, attorneys and other professional, all court or
arbitration or other dispute resolution costs, and all costs of repair or replacement of
work of others); and CITY shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the amount thereof, may
make a claim therefor as proved herein. If, however, such construction is not found
to be defective, DESIGNIBUILDER shall be allowed an increase in the Contract
Price or an extension of the Contract Time (or milestones), directly attributable to
such uncovering, exposure, observation, inspection, testing, replacement and
rework; and, if the Parties are unable to agree as to the amount or extent thereof,
DESIGNIBUILDER may make a claim therefor as provided herein.
29.05 City Flay Stop the Construction. If the construction is defective, or
DESIGNIBUILDER fails to supply sufficient skilled workers or suitable materials or equipment, or
fails to furnish or perform the construction in such a way that the completed construction will
conform to the Contract Documents, CITY may order DESIGN/BUILDER to stop construction or
any portion thereof, until the cause for such order has been eliminated; however, this right of CITY
to stop construction will not give rise to any duty on the part of CITY to exercise this right for the
benefit of DESIGN/BUILDER or any other party.
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29.06 Correction Or Removal Of Defective Construction. CITY will have authority to
disapprove or reject defective construction and will have authority to require special inspection or
testing of the construction whether or not the construction is fabricated, installed or completed. If
required by CITY, DESIGN/BUILDER shall promptly, as directed, either correct all defective
construction whether or not fabricated, installed or completed, or, if the construction has been
rejected by CITY, remove it from the site and replace it with nondefective construction.
DESIGN/BUILDER shall bear all direct, indirect and consequential costs of such correction or
removal (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) made necessary thereby.
29.07 Correction Period.
A. If within one year after the date of Substantial Completion or such longer period of
time as may be prescribed by laws or regulations or by the terms of any applicable
special guarantee required by the Contract Documents or by any specific provisions
of the Contract Documents, any construction is found to be defective,
DESIGN/BUILDER shall promptly, without cost to CITY and in accordance with
CITY's written instructions, (1) correct such defective construction, or if it has been
rejected by CITY, remove it from the site and replace it with construction that is not
defective, and (ii) satisfactorily correct or remove and replace any damage to other
construction or the work of other resulting therefrom. If DESIGN/BUILDER does
not promptly comply with the terms of such instruction, or in an emergency where
delay would cause serious risk of loss or damage, CITY may have the defective
construction corrected or the rejected construction removed and replaced, and all
costs and damages caused by or resulting from such removal and replacement
(including but not limited to all fees and charges of engineers, architects, attorneys
and other professionals, all court or arbitration or other dispute resolution costs, and
all costs of repair or replacement of work of others), will be paid by
DESIGN/BUILDER.
B. In special circumstances where a particular item of equipment is placed in
continuous service before Substantial Completion of all the construction, the
correction period for that time may start to run from an earlier date if so provided in
the specifications or by written amendment.
C. Where defective work (and damage to other construction resulting therefrom) has
been corrected, removed or replaced under this Section, the correction period
hereunder with respect to such construction will be extended for an additional
period of one year after such correction or removal and replacement has been
satisfactorily completed.
29.08 Acceptance of Defective Construction. If, instead of requiring correction or
removal and replacement of defective construction, CITY prefers to accept it, CITY may do so.
DESIGN/BUILDER shall pay all costs attributable to CITY's evaluation of and determination to
accept such defective construction (such costs to include but not be limited to all fees and charges
of engineers, architects,, attorneys and other professionals and all court or arbitration or other
27
imRA,Jg-agreeAtoragcl4123/98
i
dispute resolution costs). -If any such acceptance occurs prior to final payment, a change order will
he issued incorporating the necessary revisions in the Contract Documents with respect to the
construction; and CITY shall be entitled to an appropriate decrease in the Contract Price, and, if
the parties are unable to agree as to the amount thereof, CITY may make a claim therefor as
provided herein. If the acceptance occurs after final payment, an appropriate amount will be paid
by DESIGN/BUILDER to CITY.
29.09 City May Correct Defective Construction. If DESIGNIBUILDER fails within a
reasonable time after written notice from CITY to correct defective construction or to remove and
replace rejected construction as required by CITY or if DESIGNIBUILDER fails to perform the
construction in accordance with the Contract Documents, or if DESIGN/BUILDER fails to comply
with any other provision of the Contract Documents, CITY may, after seven days written notice to
DESIGNIBUILDER, correct and remedy any such deficiency. In exercising the rights and
remedies under this Section CITY shall proceed expeditiously. In connection with such corrective
and remedial action, CITY may exclude DESIGN/BUILDER from all or part of the site, take
possession of all or part of the construction, and suspend DESIGN/BUILDER's services related
thereto, take possession of DESIGN/BUILDER'S tools, appliances, construction equipment and
machinery at the site and incorporate in the construction all materials and equipment it stored at the
site or for which CITY has paid DESIGN/BUILDER but which are stored elsewhere.
DESIGN/BUILDER shall allow CITY, CITY's representative, agents and employees, CITY's
other contractors and consultants access to the site to enable CITY to exercise the rights and
remedies under this Section. All costs and damages incurred or sustained by CITY in exercising
such rights and remedies shall be charged against DESIGN/BUILDER and a change order will be
issued incorporating the necessary revisions in the Contract Documents and CITY shall be entitled
to an appropriate decrease in the contract price, and, if the parties are unable to agree as to the
amount thereof, CITY may make a claim therefor as provided herein. Such costs and damages will
include but not be limited to all fees and charges of engineers, architects, attorneys and other
professionals, all court or arbitration or other dispute resolution costs and al costs of repair or
replacement of work of others destroyed or damaged by correct, removal or replacement of
DESIGN/BUILDER's defective construction. DESIGNIBUILDER shall not be allowed an
extension of the contract times (or milestones) because of any delay in the performance of the
construction attributable to the exercise by CITY of CITY's rights and remedies hereunder.
29.10 Final Inspection. Upon written notice from DESIGNIBUILDER that the entire
construction or an agreed portion thereof is complete, CITY will make a final inspection with
DESIGN/BUILDER and will notify DESIGN/BUILDER in writing of all particulars in which this
inspection reveals that the construction is incomplete or defective. DESIGN/BUILDER shall
immediately take such measures as are necessary to complete such construction or remedy such
deficiencies.
ARTICLE 30
INDEPENDENT DESIGNIBUILDER
30.01 DESIGNIBUILDER is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. DESIGNIBUILDER shall secure at its expense, and be
responsible for any and all payment of all taxes, social security, state disability insurance
28
j mplklg:agrccAturage/4/23/98
compensation, unemployment compensation and other payroll deductions for DESIGN/BUILDER
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
ARTICLE 31
TERMINATION OF AGREEMENT
31.01 All Work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate DESIGN/BUILDER's services hereunder at any time, with or
without cause, and whether or not the Project is fully complete. Any termination of this Agreement
by CITY shall be made in writing, notice of which shall be delivered to DESIGN/BUILDER as
provided herein.
31.02 In the event of termination for convenience, the DESIGNIBUILDER will be
compensated for the reasonable value of the Work performed prior to the termination. In the event
the DESIGNIBUILDER defaults or persistently fails or neglects to carry out the Work in
accordance with the Contract Documents, CITY may give written notice that CITY intends to
terminate the performance of the Work. If the DESIGNIBUILDER fails to correct the failure of
performance within seven (7) calendar days after being given notice, the Owner may, without
prejudice to any other remedy, correct such deficiencies and may deduct the cost thereof from any
payment due the DESIGN/BUILDER or, at the Owner's option, may terminate the employment of
the DESIGN/BUILDER and take position of the site and of all materials located on the site as well
as all drawings, plans and specifications and finish the Work by whatever means the CITY may
deem expedient. When the Owner terminates the DESIGN/BUILDER for default as provided for
herein, the DESIGN/BUILDER shall not be entitled to receive further payment until the Work is
finished. if the expense of finishing the Work exceeds the unpaid balance of the Contract Price,
the DESIGN/BUILDER and its surety shall pay the difference to the CITY.
ARTICLE 32
L DISPUTE RESOLUTION
32.01 Any dispute which cannot be resolved between the Parties shall be resolved through
litigation in a court of competent jurisdiction (i.e., Superior or Municipal) of the State of
California. Venue for any such litigation concerning this Agreement shall be the County of Orange.
The Parties hereby consent to the jurisdiction of such court and expressly waive all rights they may
have to a change of venue including, but not limited to, the provisions of California Code of Civil
Procedure Section 394. DESIGNIBUILDER agrees to incorporate the provisions of this Article
into all subagreements and subcontracts and to obtain express waives from all subcontractors and
subconsultants of rights concerning change of venue.
ARTICLE 33
ASSIGNMENT AND SUBCONTRACTING
33.01 DESIGN/BUILDER shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
29
1mp/k:/g agreelstoragc/4/23/98
ARTICLE 34
COPYRIGHTSIPATENTS
34.01 CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
ARTICLE 35
CITY EMPLOYEES AND OFFICIALS
35.01 DESIGN/BUILDER shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of applicable provisions of law.
ARTICLE 36
NOTICES
36.01 Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to DESIGN/BUILDER's agent (as designated
in Section l hereinabove) or to CITY's Director of Public Works as the situation shall warrant, or
by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United
States Postal Service, addressed as follows:
TO CITY: TO DESIGN/BUILDER:
Director of Public Works Jim Streitz, Construction Director
City of Huntington Beach Tait & Associates
2000 Main Street 1100 Town & Country Road, Suite 1200
Huntington Beach, CA 92648 Orange, CA 92688
ARTICLE 37
CAPTIONS
37.01 Captions of the section of this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
ARTICLE 38
IMMIGRATION
38.01 DESIGN/BUILDER shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions of
the United Slates Code regarding employment verification.
30
jmp/k/g agrcr/sloragc/423/98
ARTICLE 39
LEGAL SERVICES SUBCONTRACTING PROHIBITED
39.01 DESIGN/BUILDER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. DESIGN/BUILDER understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
DESIGNIBUILDER.
ARTICLE 40
ATTORNEY'S FEES
40.01 In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
ARTICLE 41
SEVERABILITY
41.01 In the event any provision of this Agreement and/or the Contract Documents shall
be deemed illegal, invalid, unenforceable and/or void by a court of competent jurisdiction for any
other governmental agency of competent jurisdiction, such provision shall be deemed to be severed
and deleted from the Contract Documents, and all remaining provisions hereof shall, in other
respects, continue in full force and effect.
REST OF PAGE NOT USED
31
j mpWg:agree/storage/4/23/99
ARTICLE 42
PROVISION REQUIRED BY LAW DEEMED INSERTED
42.01 Each and every provision and clause required by law to be inserted in the Contract
Documents shall be deemed to be inserted herein and the Contract Documents shall be read and
enforced as though such provision or clause is included herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day, month and year first above written.
DESIGN/BUILDER: CITY OF HUNTINGTON BEACH, A
TAIT & ASSOCIATES, INC. municipal corporation of the State of
5ra
California
g, r 'de
By: Mayo
ich Tait, Secretary/Treasurer
ATTEST-
License Number: 51?8 098
A A5O HAa b e iv
Expiration Date: a1v"1.2A*5 City Clerk
APPROVED AS TO FORM:
REVIEWED AND APPROVED:
,City ttt ne
Ci dministrator 2 ,
ED
INI
AND APPROVED:
JZZ��o v 8
Directo of Pub is Wor s
32
jmp/k/g:agree/storage/4/23/98
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
TAIT& ASSOCIATES, INC. FOR THE UNDERGROUND STORAGE TANK
REMOVAL AND REPLACEMENT AT THE CITY YARD, AND
THE PARK, TREE AND LANDSCAPE YARD (CC 41066)
TABLE OF CONTENTS
Pa s
ARTICLE 1 WORK STATEMENT --- -- . - -- --------------------------------------------------------I
ARTICLE 2 CONTRACT DOCUMENTS--- ------------------------------------------------------------------------ ------- 2
ARTICLE 3 OWNER'S DUTIES AND RESPONSIBILITIES----------------- --------------------- -----------3
ARTICLE 4 TIME OF PERFORMANCE-- ---------------------------------------------------------------------------------3
ARTICLE 5 CONTRACT PRICE .... ............................... ...................... ...................... .. 5
ARTICLE 6 PAYMENT AND COMPLETION _______. . .... . .._.____ .............5
ARTICLE 7 PROJECT DOCUMENTS .......... .......... . • .......... ---............ ...........8
ARTICLE 8 DESIGN/BUILDER REPRESENTATIONS AND RESPONSIBILITIES . .8
ARTICLE 9 DESIGN PHASE SERVICES . . . .. .......................................................................... .l l
ARTICLE 10 CONSTRUCTION PHASE SERVICES .__. . --- . - ---------------------12
ARTICLE 11 OPERATIONAL PHASE ... .......... ------------------------------------14
ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS------------------------------------------------14
ARTICLE 13 BONDS . .. .... .......... ..... . ........... ............15
ARTICLE 14 INDEMNIFICATION . ....... -------------------15
ARTICLE 15 INSURANCE------------------------ ------ ----------- -- - -----------------------------------------------------16
ARTICLE 16 PATENT FEES AND ROYALTIES---------------------------------------------------------------------- -- -18
ARTICLE 17 PERMITS ---------- - -----------------------------------------------------------------------•------19
ARTICLE 18 LAWS AND REGULATIONS .............. .................................. .. .. . . ....... 19
ARTICLE19 TAXES -----------------------------------------•---- ----------------------------------.------ ------------- ----- 19
ARTICLE 20 USE OF SITE AND OTHER AREAS.........................................................................19
ARTICLE 21 SAFETY AND PROTECTION - ------------------ ... . .............20
i
0
ARTICLE 22 HAZARD COMMUNICATION PROGRAMS-----------------------------------------------------------22
ARTICLE 23 EMERGENCIES ......................................................................... ..........22
ARTICLE24 SUBMITTALS ---- ----------------------------------------------------------------------- -----------------------------22
ARTICLE 25 CONTINUING THE WORK ------. ....... . . ............. ..................................23
ARTICLE 26 DESIGN/BUIL.DER'S GENERAL WARRANTY AND GUARANTEE .....23
ARTICLE 27 PREVAILING WAGE------------- ---------------------- ------------ . ..................-----.26
ARTICLE 28 CHANGES IN THE WORK AND CLAIMS ....................__......................................25
ARTICLE 29 TESTS AND INSPECTIONS CORRECTION, REMOVAL---------------- - - --------------26
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION
ARTICLE 30 INDEPENDENT DESIGN/BUILDER------------------------------------------------------------------------30
ARTICLE 31 TERMINATION OF AGREEMENT...........................................................................30
ARTICLE 32 DISPUTE RESOLUTION---------------------- ---------------------------------------------------------------------30
ARTICLE 33 ASSIGNMENT AND SUBCONTRACTING-------------------------------------------------------------31
ARTICLE 34 COPYRIGHTS/PATENTS ---- ------------------------------------------ --- --------- - 31
ARTICLE 35 CITY EMPLOYEES AND OFFICIALS......................................................................31
ARTICLE 36 NOTICES . .. ....... ............................................... ...............----------3I
ARTICLE 37 CAPTIONS - ------- ---------------------------------- --------------------------------------------31
ARTICLE 38 IMMIGRATION.. ----- . .... . .32
ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED-------------------- ------------------32
ARTICLE 40 ATTORNEY'S FEES .... .............. ....................... ...............32
ARTICLE 41 SEVERABILITY------------- • • •• .............. • ... ... .. ............. - --- - ------------32
ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED.. 33
ii
1 have received Faithful Performance Bond No. 005010554 and PaymentMarranty
Bond No. 005010554 for Tait &Associates, Inc.
Re: CC-1066 Selection of two design/build contracts for the underground storage tank
removal and replacement project_
RCA and Action Agenda of 5/18/98.
Dated: !L2-0-l P
By-
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No.: 005010554
Premium: Included in Performance Bond
AIA i hx wnenr A i 12
Payment Bond
Anv tiingular wit-rem - tr) (untrar rnr. %uwN f)+tnrr or ntIivr oartv hdll hr i r)n.rdrretl UluraI whew .ipptrtabIc
CONTRACIOR 'Njmv and Addre-Kt:i: SURE I ►%ame and Pnrcglal Place (it Business,
Tait &Associates, Inc. Amwest Surety Insurance Company
1100 Town 7 Country,Suite 1200 5230 Las Virgenes
Orange,CA 92868 Calabasas,CA 91302
OWNFR (Name and Addrv%%':
City of Huntington Beach
2000 Main Street
Huntington Beach,CA 92648
CONSTRUCTION C0\TR-ACI
Date:May 18, 1998
Amount S325,626.00
Descrvion t,\anty and l ocarion)-Remove and replace various underground tanks at "City Yard"
and Parks Yard"
BOND
Date iNot earlier than C onoructu)n Contract Date)-May 1, 1998
Amount- S325,626.00
Morlifll atom to thi% Hond: }(`cmr _ Ser 1"Zge h
C:ON F RAC'*A'% CIP.At SI.IRfTY
C'on,par.y: Corpt)ratr Sral; Ctjinipany=Amwest Surety {G porotC ;f•all
Tait &A;,c Insuran e Company
Signature- SiKndrur[ %Name and • w�'►'1 Name and Title.Victoria M. Riedl,Attny-in act
U,�r,ha�.CC
;Anv additional signatures appear on pat;t• hi
(FOR INfORMATION ()NI Y Nime, Addre>s and Ic;cpnone)
AGLNI or BROKER: OWNMS REPRFSENIAME [Architect. Engineer or
Brakke Schafnitz Insurance brokers, Inc. tither party[
29202 Cabot Road
Laguna Niguel,CA 92677
VA DOCUIM[NT AM-PIRTORMAIM ROND A%D PAymW SW41). DEC[vaER T9t}4 ID •AIA ■
111f A.MrR'CAY rhSTlTt.:T[ or ARCIIIrI(-T-,. 176 NNW YORK A\I..h.%V.WA%j11h(".71)*_ I)C :1ifte, A312-1984 4
ncRD PIt 4".%C.MARCH 1967
1 The Contractor and the Scrrety" jointly and severally. 6 When the Claimant has satisfied tl,e conditions of
bind themselves- their hairs. (executors, ddtilirnsttators. Nragr.sph 4. the St)rety shall promptly and at 0-e
successors ana assigns :o the Owner to pay for labor_ Surety's expense take the following Actlttns
materials and equipment furnished tor use. in the perfot
manse of the Construction Confracl. which is incorp(r 6.1 Send an answer to the CfairnArl. with a copv to
rated herein by rreferenc(, the Owner. within 45 days after receiti, of the c lawn. i
stating the amounts that are undtspuC(•d snd the nasn
2 With tespect to tNr. Owner. this obltgatitm shill bt• for chall[•rging any 4mounts that dre disputed
Wulf and void if the Contractor 6.2 fay or arrange for payment of anv undisputed
2.1 Promptly makes payrnert, throes fly or indirectlt•- arttOc[nts
for all sums due Catmants. arld
7 the Surety's total obhs;atinn shall not errre•ed the
2.2 Defends. indemnifies and hNps han„le.s tf•e amount of this Bond.end the amc)uni ui this frond sha I hc-
Owner from claims. demands, teens or suit, by ar.v crMved for arty pavmenrs made ingo[ad faith ht, the Surrey
person or enter• whose rlaim. demand. lien or iuit it
fat the payment lot labor_materials cf equipment fur- 8 Amounts owed by the Owner to the COntUdc for ur.dor
nished for use in the performan(a o'tiro Construction the Construction Contract shall be used rot the perior
Contract_ provided the Owner has promptly nor,iied mince of the Con>trmfion Contrast inn to smisiy Claim"
me Contractor antis the Surety (a: the address if any. under any Construction Performance 8und f3v
described in Paragraph 12) of any claims_ demands. the Contractor furri(hing and the Os,.nrr accepting thi,
liens or suits ,end tendered defense of such Cidimc. (fond.tnev agree that all funds earned by tFe Contractor
dernanos. liens or suits :o -he CUrl WILOt and the in the performance of the Construction Contract are
Surety- and provided there is nu Owner Default dedicated to satisry obligations of the ContrAttnr anti
the Surety under this frond_ subjef t to the{Owners prior-
3 With respect to ..laimants. thrs obligation shalt oe its" to use the funds for tl'e completion (t( the work
null and void if the Contractor promptly makes pay•
meni. directly cr indirectly. for all suers due 9 the Surety shall not be liable to the Owner"Cldimal%
4 The Safety shall have no obl,getion to Claimants or others for obligations of the Contractor that are unrelar
under this Bond until ed to the Construction Contract.The Ownec shall not b(-
.[able for paymenr of any costs or expenl-es ci Any Claim-
4.1 Claimants who are employed by or have a direct ant wider this Snndr"and shall have(tinder this frond noobli-
contract with the Contractor have given notice to the gallons tr)make payments to give notices on behalf of,or
Suretv fat the address described in Paragraph 121 and olt•t•rw,se Nave ohligabnos to ClatmaMl, under ,his Bond
sent a copy_ or notice the•ew. to the Owner_ stating
that a claim is be[nR made under this Rcrxi and with 101 nt! Surety hrrehy waves notl(e of anv change.
substantial accuracy. the amount of the claim ins fading changrs of time. to the Construction Contras'
4.2 Claimants who do not have z direct conrrarl rr to relaters subcontracts" ourchasl` 111dev% and 0,her
Kith the Contractor_ obligation-,
A Have furnished written notice to the C.Utt- 11 NO suit Of action sndll be co:nmen(eJ 5s a C:laiman-
tractor and sent d copy. or notice lhe►eci. to under this Bond uthen than in a court of comp*ten: I. trtf-
the Owner. within 90 days after having fast d,ctior. in the location in which the work or r;art o' the
performed'abar or last tUrn15hed materials cx wrxk is located or alter the expiration of one rear from thc•
equipment included in the claim stating.wah date 11)on which the Claimant gave the notice required by
substantial accuracy.the amount of the claim Subpatagraph 4 1 of C.tauu• 4 2 3. or '_21 on which the fait
and the name of tnc party to wlx)m the labor or service was performed by anyone,or the last mate
materials were furnishes or supplied of int tialsor equipment were furnished by anyone under the Con
whom :h(:labor was don(r or perfornied_and sutictu)n Contract"whichever of(1)or 12)iast or curs ff the•
provisions of this Paragraph are void c;r prohibited by yaw.
.2 Have either received a triection in whole nr the mtnimunl oeriod of limitation ava0able to sureties as a
in part from the Contractor,or not reteive•a defense in the jurisdiction of the full shall be applicable
within 30 days of furnishing tre above no-
tice ary communication from tre Contractor
by which :he Contractor has indicated :he 12Notice to the Surety, the Owner or the Contractor
claim will he paid diretfFy of indi►ecdy_and snalJ be,mailed or delivered to the address shown on tht•
stgnatute p,lge Actual receipt of notice by Suety. they
.3 Not having taeen paid within the above 30 Owner ur the Contractor_ however accomplished, sha•,
days, have sent a written riciMe to the Surety be suftic ient compliance as of the date received at the
(at the address described,n Paragraph 121 and addres( shown on the sigrature page
sent a copy. or notice thereof, to the Owner
stating that a claim is being made under -nis 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy of the previous statutory or orhvr legal recuireme•ru in the roratton where
written notice furnished to the Contractor the construction was to tie performed.any provision to th[9
Bond r.ontlicting with said statutory or legal requirement
S if a notice required by Paragraph 4 is given by ;he shall be deemed deleted hereffUM anc provisions corn
Owner :o the Contractor or to title Suretv- that is suffi forming to such statutory or other legal requirement shall
cient compltance be deemed incorporated hprern ,he Intent is that this
A(A DoC(LattNt Ajil•P(RI(NmAm i N[,%U N')PAIMI of B(N 0.f)1(f%•rsF R 14,1141 t1) •AtAt
fill AASrK[CAM i\g"::Lit OF AP[:Frt:(t :s tf titx t()Rr Avi -tiw.is+st,irw::t)ti nt rxx* A312.1984 5
t F,�RD fRi�l•�t:.uAxCN t9rt;
Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering
common law bond. services required for performance of the work of the
14 Upon request by any personor entity appearing tobea Contractor and the Contractor's subcontractors, and
potential berte(rctary of rhis Bond, the Contractor shall all other items for which a mechanic's lien may be
promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor. materials
to be made. or equipment were furnished-
15 DEFINITIONS 15.2 Construction Contract:The agreement between
the Owner and the Contractot idenadied on the sig-
75.1 Claimant=An individual or entity having a direct nature page, including all Contract Documents and
Contract with the Contractor or with a subcontractor of changes thereto.
the Contractor 10 furnish labor, materials or equip- 15.3 Owner Delault: Failure of the Owner,which has
ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con-
intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to
lion in the leans"labor,materials or equipment"that perform and complete or comply with the other terms
part of water, gas, power, light, heat, oil, gasoline, thereof.
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seall Company: (Corporate Seal)
Signature: Signature-
Name and Title: Name and Title:
Address: Address:
AEA DOCURCErVT A332•PERFORMANCE BOtiD ANn PAYMENT BOND•DECEMBER 1954 ED. •AAA e
rKE AMERICAN INSrtrtTrE OF ARCHITECTS. 1735 NEW PORK AVE-.N.W.WASHINCTON. D C-20M A312.1984 b
TnIRD PRiNTINC•MARCH MY
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Pp
State of Ul Ao4ii�
County of opfA1645,
On && / I l9 f f before me, q2f/� f�,e/EST—�1����✓� �/dT7�,e ��[�
Date Narne and Trle of Officer(e-g-.-Jane Doe.Notary Pubic)
personally appeared ✓/CTo e-,, /,t /14. /� / cb L.
Name(:)d,srgneasf
personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies). and that by
his/herltheir signature(s)on the instrument the person(s),
a DEBORAH PMESWC GINN or the entity upon behalf of which the person(s) acted,
Corn 1wonst0U69 executed the instrument.
Notary PtblfC—Caafomkz
Orange Cou lly
fry Comm.Emires Al 27.1999 WITNESS my hand and official seal.
S"lure 01 Notary PW1C
OPTIONAL
Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document_
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
Cl Corporate Officer U Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited C General ❑ Partner—` Limited ❑ General
❑ Attorney-in-Fact f-] Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator e ❑ Guardian or Conservator
❑ Other: Top of fhlrnb he•e Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary A&waalbn-9236 Ftenw ial Ave..P.O.Bo:71B4-Canoga Park CA 913O9-7iBa Prod.No 5907 Pleondw Can To%-Free t-$M876-8V7
LIMITLJ POWER
Amwest Surety Insurance Company
Ei iration Date: 04/13/00 POWERNUN113ER 0008764445
This document is printed on white paper containing the artificial aatcrmarkcd logo( A )of Amwest Surety insurance Company on the front and brown security paper
on the back Only unaltered originals of the Lrrnited Power of Attorney ("POA")are valid This POA may not be used in conjunction µith any other POA No
representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the
expiration date- Amwest Surety insurance Company (the "Company") shall not be liable on any hrruted POA which is fraudulently produced, forged or otherwise
distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest
branch office at 4619)233_5893_
KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation,does hereby make,constitute and appoint:
Victoria M.Riedl
Stephen D.Wood
James G.Brakke
As Fmployees of BRAKKF-SCHAFNITZ iNS BROKERS INC
its true and lawful Attorney-in-fact,with limited power and authunty for and on behalf of the Company as surety to execute,deliver and affix the seal of the company thereto
if a seal is required on bonds,undertakings,recognrzances,reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows.
Bid Bonds up to S1,000,000.00
Contract Bonds up to S2,500,000.00
Lfeense and Permit Bonds up to$100,000.00
Miscellaneous Bonds Up To$100.000.00
Small Business Admistralion Bonds up to$1,250.000.00
and to bind the company thereby- This appointment is made under and by authority of the By-Laws of the Company,which are now in full force and effect-
],the undersigned secretary of Amwest Surety insurance Company,a Nebraska corporation,DO HEREBY CERTIFY that this Power of Attorney retrains in full force and
effect and has not been revoked and furthermore,that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney,and
that the relevant provisions of the By-haws of each company,are now in full force and effect.
Bond No- 00901()554 Signed&sated this-Ls.L day of 19-9-8—_
Karen G Cohen,Secretary
" " " " " " " " " RESOLUTIONS OF THE BOARD OF DIRECTORS " " " " " • ' ' " " " " " " ' ' " ' ' ' " " " " " "
This POA is signed and soled by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company
at a meeting duly held on December 15.1975-
RESOLVED, that the President or any Vice President,in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with
authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company,to execute and deliver and affix the seal of the
Company to bonds,undertakings,recognizances,and suretyship obligations of all kinds.and said officers may remove any such attorney-in-fact or agent and revoke any POA
previously granted to such person-
RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall he valid and bind upon the Company-
(1) when signed by the President or any Vice President and attested and sealed(rf a seal be required)by any Secretary or Assistant Secretary;or
(n) when signed by the President or any Vice President or Secretary or Assistant Secretary,and countersigned and sealed(if a sal be required) by a duly
authorized attorney-in-fact or agent or
(nt) when duly executed and sealed(if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the linnls of the authority
evidenced by the power of attorney issued by the Company to such person or persons-
RESOLVED FURTHER.that the signature of any authorized officer and the sal of the Company may be affixed by fac5irrule to any I'OA or certification thereof
authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company.and such signature and seal when so used shall
have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,Amwest Surety insurance Company has caused these preset to be signed by its proper officers,and its corporate seals to be hereunto affixed this
12th day of December, 1997.
John E.Savage.Preside t Karen G-Cohen,Secretary
State ofCalrfornia
County of Los Angeles
On December 12,1997 before me,Peggy B Lofton Notary Public,personally appeared John E.Savage and Karen G Cohen,personally known to me(or proved to me
on the basis of satisfactory evidence)to be the person(s)whose namic(s)islarc subscribed to the within instrument and acknowledged to me all that hevshelthey executed the
same in hislher/their authorized capacity(ies),and that by hiv?reritheir signaturc(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,
executed the instrument.
WITNESS my d and official sal 41 PAY�iFt4
INSU,9"''•-.,, p�u �. `--Q � C.otwnrlon/106106�
a` 'OAp OF1��?i" Signature -'� ��( x Q� (Seal) ��RAW�� �
11Ay Comm.E>oIrrs/1ua 4.1999
_C_ DEC.14, O_r . 1995 C)
I rCalabasas, 91302I I I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
C.
State of California
ss.
County of
On ;/before me, c-
oals Name and TtCe of Ter(e 1.-Jane Doe,Notary P bM[')
personally appeared
NarM(s)or S"r(S)
personally known to me
El proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
9FAWAIW the entity upon behalf of which the person(s)
Cor„R, ,#1097446 acted, executed the instrument.
Notes PuWc—Ccetm is0mraq county '
1MrComm Eaepltw MW 12200D - WITNESS my hand and official seal-
Pram Notary Saar Above Sgrat�re o1 Nolaq Pu01,c
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: _
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: _
❑ Individual '
Tcc at u1u"O Here
C Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
D Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing-
ti�z>sr�sr.�.rzfizrzx�. �.ct,�z,�ct:=t�:t��,�>c.�.z����c��z��:��z.���;.�. ti�,�;�:�z��c.�;•ct;-r�.�.cc.c�.��
O 1997 Natgnal Notary A6soclation•9390 Do Solo Ave.PQ go:2402•Chat3mDr.h_CA 9 r313.2a02 P,Cd No 5907 Reorder Can Toe.Free 1.800.676.6827
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No.: 005010554
Premium: S5,884.00
A!A Documenf A-372
Performance Bond
Any singular reference to Coniractar, Surety. Owner or utner party shall be c(ir»rdered plural wrlere applicable-
CONTRACTOR [Name and Address}: SUREIY (Name and Principal Place of Business):
Tait &Associates,Inc. Amwest Surety Insurance Company
I 100 Town &Country Rd.,Ste. 1200 5230 Las Virgenes Road
Orange,CA 92868 Calabasas,CA 91302
OWNER (frame and Address):
City of Huntington Beach
2000 Main Street
Huntigton Beach,CA 92648
CONSTRUCTION CONTRACT
Date:May 18, 1998
Amount: S325,626.00
Description (Name and Location):Remove and replace various underground storage tanks at "City
Yard" and "Parks Yard".
BOND
Date (Not earlier than Construc-tion Contract Date) May 1, 1998
A:rount:$325,626.00
Modifications to this Bond: Lj None X, See Page 3
CON TRAC I OR AS I RINCIPAL SURE rY
Company. ti porate Seal; Company Artiwest Surety Corporate Seal)
fait a �!ssxiate�y Insurancie Company2
�..,gnzwre- r_ _ . Si�,nllurc1.
� •�Name and Tit Q,"tq;� Name and jitlt ri
:Victoa M. Riedl,Atttty-in-Fact
lAny addir:onal signatures appear on page 3)
'FOR FN(ORMA710.1V ONLY- ti,#me, Address and 7clephoriel
AGENT or BROKtR: OWN[R'S REPRESENrATtVE (Archilect, Engineer or
Brakke Schafnitz Insurance Brokers, Inc. Other parry)
28202 Cabot Road --
Laguna Niguel,CA 92677
AIA DOCUMFN7 AN2•Pf Rf;)RM%r[1 Aoylr A.%I)lAYtsllr rwla!t)- -AJA
1Ht A,%,FR•('AN INSitlult OF AR(,l{litr;ls. 1`JS Nt..yL)RX AV. _`w.WASH1. .11 t)-t- n01L, - A312.19$1 1
•HUI)PRl,4lax;.+Knicri 1467
I The Contractor and the Surety jointly and severally, whictl it may be 1•able• to they Owner and. as
bind themselves, their heirs. executors, administrator~ soon as orartit able after the amount ,deter-
successory and assigns to the Owner tot the pertormant a •Wined, tender paynient ine•reiur to the
of the Construction Contract•which is incorporated herein Owner; or
by eeierence.
.2 Deny fiaoJ+ty In whole or in part and noticy the
2 If the Contractor performs the Construction(untrat I. Owner rr•ing reason, th(-reet°r.
the Surety and the Contractor ,hall have no obligation 5 lithe Surety does not proceed as provided Ire f'atagrauh
under this Bond, except to participate In conlerenees as 4 willt reasonable promptness.the Surety+hall he deenft•cf
provided in Subparagraph 3.1.
to be in default on this Bond•Itteen clay,after receipt tit an
3 1f there is no Owner Default, the Surety', rlbligation additional written notice from the Owner it) Ire Surety
under this Bond shall arise alter: demanding that ine Surety perform Its obligaliters under
3.1 The Owner has notified the Cuntr.ictur and the this Bond,a-id the chimer shell be entitled to enttlrce anv
Surety at its address described in Paragraph Ill below remedy available to the Owner. It the 5ure1% Unit eech as
Yprevtcle°in Subparagraph 4.4.and the Owner(muses the
that the Owner is considering declaring a Contractor payment tendered or the Surety has denied ltahellty, in
Default and has requested and attempted to arrange a wholeor in part,without lirther nolu.e the Ottrer shall he
conierence with the Contractor and the Surety to be entitleo to enforce ary remecv available in the Owner
held not later than fifteen days after receipt of such
notice to discuss methods of oerurrung the Cons!ruc- 6 After me Owner has terminated the Conlractor'y right
lion Contract. if the Owner, the Contractor and the it)complete the Construt.lton Contract, and r. the S1.retY
Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1. 4.1. Ur 4.1 above.
able time to perform the Cnnstructron Contract. but then the responsibilities of the %urety to the Owner shall
such an agreement shall not waive the Owner's right,If rest be greater that those of the C entractor under the
any.suosequently to dec'are a Contractor Dviauli;and Construction Contract, and the responsibilities of the
3.2 The Owner has declared a Contractor Default ann Owner to the Surely.hall not be greater that those•of the
Owner under the Construction Contract.lathe limit of Inc
formally formally terminated the Contractor's right to cumplele amount of this Bond. but subject to commitment by the
the contract. Such Contractor Default sha I not be de. Owner of the Halanre of Ilse.Contract Price to mu+t;atiurt of
stared earlier than twenty days after the Conlrae•lor and costs and damages on the Cony*.rut lion C:ontraei.the Sure-
the Surety have received notice as provider: In Sun- ty i%obligated without dupl•eattun tor:
paragraph 3.1;and
3.3 1he Owner hay agreed to pay the Balance of the do fit restivew)rk ri of the let-on
of
tar nslcorrrc-
Contract Price to the Suretv in act.urdance with the lion of nlrat.defective work and romplet un of the Cun�truc
lion Contract;
terms of the Construction ContTat i at to a (onli actor
selectedto perform the Construction Contract in attor- 6.2 Additional legal• ete,lgr protebs anal and deeav
dance with the terms of the contract with the(honer. costs resulting:corn the Cunfrarlor', De•tavh, and re-
4 When the Owner has satisfied the conditions of f'ar.I• sulting from the actions or w,lure• ro act set the iZurvty
under 1 aragranh 4; and
graph 3, the Surety shall promptly and at the Suretv'-.ex-
pense take one of the following actions: 6.3 Liquidated da:rages, or it nu liquidated damage,
4.1 Arrange for the Contractor. with romt nt of the are specified in the C:unsIruclion Contra(,.actual earn-
Owner, to perform and complete the Construction ages caused by delayed nerforr lance or non-prrtur.
Contract: or trwrcc of the C:untractur.
7 1 he Surety shall not be iable to the Owner of others IOT
4.2 Undertake to perform and rumplefe flip Con aruc- ohbgmions of the Cont rat for tnat are unrelated it)the Con-
don Contract imelf,through sty ager.ls or Ihrouegh mire- struction Contract, and the Ralance of the C:onlrat I Pnc,,
pendent contractors: or ,hall not he reduced or set oft on account tit any such
4.3 Obtain bids or negattated proposals from unrelated nbligation,. No rgne of action shal, accrue on
qualified contractors acceptable to the. Owner tut a this Bond to any pr_rson ar enttty other than the Owner tit
contract for performance and completion of ine Con- its heirs,executors, auministrators or Succes-ors.
struclioo (Contract, a:range for a contract to he pre- 8 The Surely hereby wake-notice(1f any change.lnrlud-
pared for execution by the. Owner and the Lontractor ing changes of time. to the Comlrurhon Contract or lr,
selected with the Owner's concurrence.to be sett Wed related Subcontract,. purr hale orders and rther ubliga-
with performance and payment bonds executed by a
qualified surely equivalent to the bonds issued on :he trans.
Construction Contract• and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond
amount of damages as described in Paragraph 6 in ex• may be instituted in any court of;ornpetent lurisdiclion in
Tess of the Balance of the Contract Pnc a incurred br the the location i-►which the woe k or part of the%ork is located
Owner resulting from the(Contractor's delault: or anct shall be lnstituieu within two year, abet C'onitavum
4.4 Waive its right to perform and cornolete.arrange DE-fault or within lwo year, alter the Contractor ceased
for completion. or obtain a new contractor and with working or within two years after the Surety refuses or fai's
reasonable promptness under the circumstances: to perform its obligation%under this Bond•ssherhever o(-
curs first. If the provisions of this Paragraph are void or
.1 After investigation,determine the amount for prohibited by law,she mint•num periou ut limitation avail.
AIA DOCUMENT A312•PERFC)R•MA%CE BOND A%D PAYA1(NT 8:1%!)•I)ICIMBER 14&11). •AIA
1HE AMFRIC.AN INs'.TUTE or ARCHITF(15. 1:11)♦tW YoRk AVt..`W W.WAS1e1N(.1(),1 11 C.. 210Y, A312-1984 2
1111RD PRI%TING•MARCII 1et,77
able to sureties as a defense in the jurr,dretion of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner in settlement of insurance or other Clarets
10 Nonce to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re-
be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
nature page- tract
11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between
statutory or other legal requirement in the location where the Owner and the Contractor identified on the srg-
the construction was to be performed,any provision in this nature page, including all Contract Documents and
Bond Conflicting with said statutory or legal requirement changes iherelo.
shall be deemed deleted herefrom and provisions con-
lorming to such statutory or other fegal requirement shall 12.3 Contractor Default- Failure of the Contractor.
be deemed incorporated herein. The intent it, that this which has neither been remedied nor waived,to per-
8ond shall be construed as a statutory bond and not as a form or otherwise to comply with the Terms of the
common law bond- Construction Contract
-
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
12.1 neither been remedied nor waived. to pay the Con-
payable by the Owner to the Contractor under the Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to
Con-
payable perform and complete or comply with the other terms
Construction Contract after all proper adjustments thereof-
have been made, including allowance to the Con•
MOD1f1CAT1ONS TO THIS BOND ARE AS FOLLOWS:
Warranty work will be guaranteed for a period of one year after the date of acceptance by the City.
!Space is provided below for additional signatures of added padres, other than iho+e appearing on the cover page.J
CONTRACTOR AS PRINCfPAL SURE TY
Company: tCorporate Seal) Company. lCorporate Sear
Signature: Signature:
Name and title: Name and Title-
Address- Address
AIA DOCUMENT A311• PERFORMANCE BOND A%ID PAWINT BOND-DICIMAR 1964 En •AJA 4
THE AmERtCA.v INSTITUTE OF ARCHITECTS. 171%NNW YORK AVE-.N w.wASHIW_IL)N.0 C. 7000h A312-1984 3
ImIRD PRIKt1NC•MARCH 1987
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On lt'I l�x before me.�D,e # &C5I I ee 7,V"J �4T�,ee
Date Name and Tare ot OYrcar(e 9.-Jane Doe.Notary�uW*)
personally appeared r Gn A/ R 'IEb 4-
Name{sy or Srgnarls}
J personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s)
11` whose name(s) islare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
DEBOP PRES=MAC q his/her/their signature(s)on the instrument the person(s),
+ C011VI) aiortii1066696 or the entity upon behalf of which the person(s) acted,
-d Notary P%"t c-Caltorni executed the instrument.
Orange County
MY Comm.Wren AA 27.1999
WITNESS my hand and official seal.
S grtanne of Notary PubrC
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual L Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner--❑ Limited ❑General f 1 Partner—❑ Limited ❑General
❑ Attomey-in-Fact ❑ Attomey-in-Fact
❑ Trustee _ F1 Trustee _
❑ Guardian or Conservator e ❑ Guardian or Conservator
❑ Other: Top or:hums here ❑ Other: Top or thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Assoaabon.8238 Rommel Ave.PO Box 716a•Canoga Park.CA 91309-7184 Prod.No 5907 Reorder Cal Toll-Fro@ 1 400.675-6927
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On y Q before me, c-
,Mato Name arw Tale or Cfcer(e 0.'Jara Coo.NOrary LA-c)
personally appeared _
Names)or s.gne:(s)
impersonally known to me
J proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
9EAHNATYX the entity upon behalf of which the person(s)
Conynhiion i 1p974e8 acted, executed the instrument.
� NDk.r Aioic—co"ornto
orwe CO""h' WITNESS my hand and official seal.
4pmy Comm-le�ptres r,�y 12-�Y)
Plwe NO:ary Seal Above $grabs or Nor,
ry Pubk
OPTIONAL.
Though the information below is not required by taw, it may prove valuable to persons rely+ng on the document
and could prevent fraudulent removal and reattachment of this form to another document_
Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages:
T
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's dame:
❑ Individual 3
Top o1 thumb here
L Corporate Officer—Title(s):
D Partner—0 Limited C General ?�
❑ Attorney in Fact S
C1 Trustee ,
❑ Guardian or Conservator
❑ Other-
Signer Is Representing=
0 1997 Na:anel Norary Assoraal*n•9350 Do solo Ave-.P 0 Box 2402•Chatswo^.h.CA 91313-2402 Prod_No 5907 Reorder Can Tda.Free 1-800-876-5827
s •
STATE P.O. BOX 420807,SAN FRANCISCO. CA 94142-0807
COMPENSATION
I N S U R A N C E
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
APRIL 30, 199$ POLICY NUMBER: 092-97 UNIT 0000185
CERTIFICATE EXPIRES.
7-1-98
CITY OF HUNTINGTON BEACH
BUILDING DIVISION, 3RD FLOOR
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648 JOB: ALL OPERATIONS
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy penod indicated.
This policy is not subject to cancellation by the Fund except upon Q0 days'advance written notice to the employer.
Xx
We will also give you M days'advance notice should this policy be cancelled prior to its normal expiration.
XX
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein- Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms,exclusions and conditions of such policies.
";7,0,�t�
AUTHORIZFD REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 91,000, 000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE
10/01/97 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE
04/30/98 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
THIRD PARTY NAME: CITY OF HUNTINGTON BEACH
3.
EMPLOYER
F-
TAIT & ASSOCIATES, INC.
P. O. BOX 4429
ORANGE, CA 92863
QRP,. 6 C�RTiF1C =QF L1ABi'TYNSR - E 10/02/9'V'`
7
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Srakke-Schafnitz Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Brokers,Inc Lic#N28915 7 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
28202 Cabot Road,Suite 500 COMPANIES AFFORDING COVERAGE
Laguna Niguel,CA 92677-1251 COMPANY
A Commerce& Industry
INSURED COMPANY �� �,•it r-•
Tait & Associates,Inc.,Tait B American Intl Specir�e -a f 5, s4
Environmental Management, Inc, COMPANY 177,
Tait Environmental Systems C
1100 Town & Country Rd.#1200
Orange, CA 92868 GK I D
GtrnllRftACES = _ _ _o..W_W w.,.._ _ W. Y _ ._
THIS IS 7o CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
COI TYPE OF INSURANCE POLIO NUMBER POLICY EFFECTIVE POLICY EXPIIL4T]ON UNITS
LTR. DATE(MUM01 ) DATE(YWDONY) I
A I GENERAL UASILITY I I GL3409199 10/01/97 0910ll98
GENERAL AGGREGATE ! f 2.00 ,000 _
I �
X COMMERCIAL GENERAL LIABILITY I PRODUCTS•c0MPOP AGG f
._ _�I00 000
CLAIMS MADE PERSONAL A AOV INJURY 4 S LM91I000__
I X !OWNER'S a CONTRACTORS PROT, I EACH OCCURRENCE ; s 1,QQQ,DQQ
E] I FIRE DAMAGE(Any one lrh ' S 50,000
I I MED EXP("one wuy,) S 600
A I U LE AUTOMOBIA&UTY �
LE CA5053175 ,- 10/01/97 09/0 V98 COMBINED SwGLE LIMIT I f 11000.000
Fx] ANY
ALL OWNED AUTOS 1' I� �I �:T I BODILY INJURYI x I f
� SCHEDULED AUTOS CI'I
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS y I(PIw Awdef4I s
,14.t0 reF PROPERTY DAMAGE S
r 0ARAGE UAB UTY I I AUTO ONLY•EA ACCIDENT � S
ANY AUTO I H4�OTMER THAN AUTO ONLY
IlJ I I I EACH AMDEN- I s
I I AGGREGAr is
B I E><CESSUANUTY I EACH OCCURRENCE I S 4,000,UUU_
4 UMB8196515 I 10101/97 I 0910V98
I�UMBRELLAFORM , AGGREGATE is 4,000,000
I OTHER T)."m UMBRELLA FORM I I I S
I WORKERS COMPENSATION AND 4 I STAT�
EMPLOYERS'WLSIUTY I - ------..
I EL EACH ACCIDENT ; S
THE PROPRIETOW HCL I EL DISEASE.POLICYLWJT i S
PARTNERSIEXECUTIVE l
OFFICERS ARE I EXCL. I El DSEASE•EA EMPLOYE=! S
I OTHER
I I I
DESCAwTION OF OPERATTON34.00AYtONWVI"CLElLSYECULL ITEM -
THE CITY OF HUNTINGTON BEACH,ITS AGENTS,OFFICERS AND EMPLOYEES ARE HEREBY
NAMED AS ADDITIONAL INSURED'S PER THE ATTACHED CG20101185 ENDORSEMENT.
REPLACES CERTIFICATE DATED 09-22-97
CA.CAAT10N.:TertDxj.ligtke ferNonifaymrntoEPremium
SHOULD ANY OF THE ABOVE DESCOBED POLICIES BE CANCELLED BEFORE THE
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CITY OF HUNTINGTON BEACH
PUBLIC WORKS ENGINEERING DIVISION
REQUEST FOR PROPOSALS
for - - — - - - - - -
DESIGN/BUILD SERVICES
for
UNDERGROUND STORAGE TANK REMOVAL&REPLACEMENT PROJECTS
CC 1066
SUBMITTALS Responses to the Request for Proposal(RFP) are to be submitted to
Mr Eric Charlonne
Engineering Division
y Department of Public Works
City of Huntington Beach
City Hall
2000 Main Street
P O Box 190
Huntington Beach, CA 92648
No later than 4 00 P M on April 1, 1998 Three copies of the Contractor's
Qualifications and Experience Proposal shall be submitted in a sealed envelope and
marked "Proposal for Design / Build Services, Underground Storage Tank Removal &
Replacement Project" Additionally, a fee proposal shall be submitted in a separate, sealed
envelope and marked "Cost Proposal for Design / Build Services, Underground Storage
Tank Removal & Replacement Project"Proposals received after the specified time will
not be accepted and will be returned unopened All questions regarding this request
may be addressed to Mr Eric Charlonne at 714-536-5430
INDEX
SECTION PAGE
I Introduction 2
II Schedule of Events 2
III Project Description 2
IV Scope of Work 4
V Fee Proposal Requirements 5
VI Proposal Requirements 6
VII General Requirements 9
VIII Design/Build Evaluation& Selection Process 10
IX Attachments 11
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CI1. JF HUNTINGTON BEACH
Underground Storage Tank Removal and Replacement Project
February 1998
Page 2
I. INTRODUCTION ,
The City of Huntington Beach, Engineering Division, Department of Public Works,
(hereinafter referred to as `The City'), is requesting proposals from qualified design/build
contractors to provide engineering design and construction services for the removal and
replacement of the City's Underground Fuel Storage Tanks.
H. SCHEDULE OF EVENTS
March 4, 1998 Issuance of Request for Proposals
March 11, 1998 Pre-Bid Conference and Site Visits
April 1, 1998 Proposals due at City Hall by 4:00 P.M.
May 4, 1998 City Council Approval of Design / build contractor Contract
(estimated date)
May 5, 1998 Issuance of notice-to-proceed(estimated date)
November 1, 1998 All Projects Complete
III. PROJECT BACKGROUND
The City has set aside $1.4 million of capital to comply with the December 22, 1998
deadline for Underground Storage Tank Compliance. Schedule is critical with each
project,as the City does not want to deviate from the deadline.
The City requires services from qualified design/ build contractors to prepare engineering
plans and specifications for the installation and / or removal of underground storage tanks
(DST's) at 10 sites within the City. The sites are as outlined in Attachment B of this
Request for Proposal.
In 1996, the City performed an Underground Storage Tank Compliance & Modification
Study to evaluate the various options and costs to comply with the December 22, 1998,
deadline for UST Compliance. The City has decided to perform the following general
scope of work per site
Site A: City Yard
Remove and replace all existing tanks, piping, pumps, and dispensers with new double
wall underground tanks and piping systems, including new dispensers, pumps, and monitor
system. New tank sizes in gallons: (1) 15,000; (1) 12,000; (1)2,000; (1) 1,000; (4) 550.
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CI1_ OF HUNTINGTON BEACH
Underground Storage Tank Removal and Replacement Project
February 1998
Page 3
Site B: Parks Yard
Remove and replace all existing tanks, piping, and dispensers with new double wall
underground tank and piping systems, including new dispensers, pumps, and monitor
system. New tank sizes in gallons: (1) 10,000; (1) 5,000; (1) 550.
Site C: Gothard Fire Station
Remove and replace all existing tanks, piping, and dispensers with new double wall
underground tank and piping system, including new dispensers, pumps, and monitor
system. New tank sizes in gallons: (1)4,000; (1)2,000.
Site D: Murdy Fire Station
Remove existing tank,piping, and dispenser. No replacement.
Site E: Warner Fire Station
Remove and replace all existing tanks,piping,pumps, and dispensers (except marine
fueling dispenser) with new double wall underground tanks and piping systems, including
new dispensers, pumps, and monitor system. New tank sizes in gallons: (1) 2,000; (1)
6,000.
Site F: Fire Training Facility
Remove and replace existing tank, piping and pump with new double wall underground
tank and piping system, including new pump, and monitor system. New tank size in
gallons: (1) 1,000.
Site G: Civic Center
Upgrade existing systems as follows:
Unleaded tanks -Install double wall piping,tank top containment sumps, new dispensers
with containment pans, spill containment fill boxes, overfill prevention devices, certify
existing monitor system is functional, install new monitor system if necessary.
Diesel tank- Install interior tank lining system, overfills prevention device, certify existing
monitor system is functional, and install new monitor system if necessary. Certify existing
cathodic protection system is functional,repair or replace as necessary.
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CI1. OF HUNTINGTON BEACH
Underground Storage Tank Removal and Replacement Project
February 1998
Page 4
Site H: Lake Fire Station
Remove and replace existing tank, piping, and dispenser with new double wall
underground tank and piping system, including new dispensers, pumps, and monitor
system. New tank sizes in gallons: (1) 4,000; (1) 2,000.
Site J: Beach Yard
Remove and replace all existing tanks, piping, and dispensers with new double wall
underground tanks and piping systems, including new dispensers, pumps, and monitor
system. New tank sizes in gallons: (1) 5,000; (1)2,000; (1) 550.
IV. SCOPE OF WORK
To expedite the completion of these projects, the City has decided to group the sites into
four separate construction bid packages as follows:
Package"1": Site A- City Yard, and Site B - Parks Yard
Package"2": Site C- Gothard Fire Station, Site H - Lake Fire Station,
Site D-Murdy Fire Station, Site E - Warner Fire Station,
and Site F-Fire Training Facility
Package 113": Site G-Civic Center
Package 114": Site J-Beach Yard
This grouping will allow for more efficient use of contractor resources, with the intention
of phasing the individual projects within a particular group,to assure the timely completion
before the December 22, 1998 deadline. The City may elect to award packages 1 through 4
to one design/build contractor or may award each package separately to up to four
design/build contractors.
The services will include the preparation of complete engineering plans and technical
specifications, proposed construction schedules, and acquisition of agency permits and/ or
approvals.
All of the critical equipment, such as tanks, pumps, dispensers, monitor system, fuel
management system, and tank fill boxes will be pre-purchased by the City. This will save a
significant amount of time, as most of these components are long lead time items.
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CI i - OF HUNTINGTON BEACH
Underground Storage Tank Removal and Replacement Project
February 1998
Page 5
The successful design / build contractor will be responsible.for filing and obtaining the
appropriate permits and / or approvals. The City has identified the following agencies as
those that will issue their approvals:
• Orange County Environmental Health.
• City of Huntington Beach Fire Department.
• South Coast Air Quality Management District.
• NPDES Water Quality Management Plan
All other permits, including but not limited to building, electrical, encroachment, CAL /
OSHA, etc., will be the responsibility of the successful contractor.
V. FEE PROPOSAL REQUIREMENTS
In preparing the fee proposal for this project the design/build contractor must bid all four
sites and include:
1. A work plan together with a breakdown of labor hours by employee billing
classification together with the cost of non-labor and sub-consultant services
shall be included with the fee proposal. The labor breakdown shall be compiled
by project phases and be based on a listing of work tasks that correlates with the
design/build contractor's defined scope of work for the project proposal. This
information will be used by the City staff to evaluate the fee proposal and will
be used in negotiating the final fee amounts for the contract agreement.
2. The design/build contractor shall state in the fee proposal the number of hours
allotted in its fee amount for attending meetings with City Staff. Should the
amount of hours expended during these phases exceed the amount included in
the fee quote,the design/build contractor may be authorized to invoice the City
for the additional hours upon first notifying the City that the budget limit for
meetings has been reached. The City shall then determine whether additional
hours for meetings will be authorized.
3. The design / build contractor's standard billing rates for all classifications of
staff likely to be involved in the project shall be included with the fee proposal
along with the mark-up rate for any non-labor expenses and sub-consultants.
4. The design / build contractor shall prepare progress billings reflective of the
project schedule, and in the format per Attachment C (Progress Billings). The
City will provide a diskette of the files in Microsoft Excel,version 5.0.
5. Complete Environmental Unit Cost Matrix(Attachment E)
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CIT i, .IF HUNTINGTON BEACH
Underground Storage Tank Removal and Replacement Project
February 1998
Page 6
VI. PROPOSAL REQUIREMENTS
Although no specific format of the proposal is required by the City, this section is intended
to provide guidelines to the design/build contractor regarding features which the City will
look for and expect to be included in the proposal.
1. Content& Format
The City requests that proposals submitted be organized and presented in a neat
and logical format and be relevant to these services. The design / build
contractor's proposals shall be clear, accurate, and comprehensive. Excessive
or irrelevant material will not be favorably received.
Proposals shall contain no more than 20 typed pages using a 10 point minimum
font size, including transmittal/offer letter and resumes of key people, but
excluding Index/Table of Contents, tables, charts, and graphic exhibits. The
purpose of these restrictions is to minimize the costs of proposal preparation
and to ensure that the response to the RFP is fully relevant to the project. The
separately submitted Fee Proposal should contain only enough pages to clearly
respond with the information that is requested in the RFP.
The proposal should include the following:
• Transmittal/offer letter.
• Page numbering.
• Index/Table of Contents.
• Team Organization including an organization diagram.
• Approach to the Project.
• Descriptions of similar projects by key staff to be used on this assignment.
• Brief resumes of key staff.
• Project schedule.
2. Scope of Services
A description of the work program that will be undertaken shall be included in
this section. It should explain the technical approach, methodology, and
specific tasks and activities that will be performed to address the specific issues
and work items identified in the RFP. It should also include a discussion of
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CIT. JF HUNTINGTON BEACH
Underground Storage Tank Removal and Replacement Project
February 1998
Page 7
constraints, problems, and issues that should be anticipated during the contract,
and suggestions for approaches to resolving them.
3. Statement of Qualifications
The information in this section should describe the qualifications of the design/
build contractors, key staff and sub-consultants in performing projects within
the past five years that are similar in scope and size to demonstrate competence
to perform these services. The projects listed should be those in which key staff
named for this project were responsible for performing services. Information
shall include:
• Names of key staff that participated on named projects and their specific
responsibilities.
• The client's name,address,contact person,and telephone numbers.
• A brief description of type and extent of services provided.
• Completion dates(estimated, if not yet completed).
• Total costs of the projects.
A sample format for staff experience is included as Attachment D for reference.
There should be included in the section brief resumes of key personnel who will
provide these services demonstrating their qualifications and experience.
Resumes should highlight education, experience, licenses, relevant experience,
and specific responsibilities for services described.
4. Project Team
The purpose of this section is to describe the organization of the project team
including sub-consultants and key staff. A project manager and a construction
superintendent shall be named who shall be the prime contact and be
responsible for coordinating all activities with the City. An organization
diagram shall be submitted showing all key team members and illustrating the
relationship between the City, the project manager, key staff, and sub-design /
build contractors. There also should be a brief description of the role and
responsibilities of all key staff and sub-consultants identified in the team
organization.
5. Project Schedule
A project schedule shall be included for each of the four package of sites which
identifies in graphical format the timetable for completion of tasks, activities
and phases of the project which correlate with the scope of work for the project.
There should be a brief discussion of any key assumptions used in preparing the
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CI1. OF HUNTINGTON BEACH
Underground Storage Tank Removal and Replacement Project
February 1998
Page 8
timetable and identification of critical tasks and/or,events that could impact the
overall schedule.
6. Fee Proposal
A Fee Proposal for each of the four groups of sites shall be submitted in a
separate, sealed envelope and marked as "Fee Proposal" along with the name of
the project. The information and detail included in the fee proposal shall
conform to the provisions of Section V., Fee Proposal Requirements, of this
RFP.
A work program together with a breakdown of labor hours by employee billing
classification together with the cost of non-labor and sub-consultant services
shall be included with the fee proposal. The labor breakdown shall be compiled
based on a listing of work tasks that correlates with the design / build
contractor's defined scope of work for the project proposal. This information
will be used by the City staff to evaluate the reasonableness of the fee proposal
and may be used in negotiating the final fee amounts for the contract agreement.
The Fee Proposal of the three top rariked design / build contractors will be
opened at the conclusion of the design / build contractor evaluation and
selection process. Fees will not be used to determine the ranking of the design/
build contractors. The Fee Proposals of those design / build contractors not
ranked in the top three will be returned to them unopened upon award of a
contract to the selected design/build contractor.
The city will negotiate the final fee of each group of sites with the top ranked
design/build contractor(s).
7. Statement of Offer& Signature
The Proposal and separate Fee Proposal shall each be signed by an individual
authorized to bind the design / build contractor and both shall contain a
statement that the proposals are a firm offer for a 60-day period.
VII. GENERAL REQUIREMENTS
1. Insurance Requirements
The design / build contractor shall furnish with the proposal proof of the
following minimum insurance coverage. These minimum levels of coverage
are required for the duration of the project:
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CI1. OF HUNTINGTON BEACH
Underground Storage Tank Removal and Replacement Project
February 1998
Page 9
A. General Liability Coverage - $1,000,000 per occurrence for bodily injury
and property damage. If Commercial General Liability Insurance or other
form with a general limit is used, either the general aggregate limit shall
apply separately to this project/location or the general aggregate.limit shall
be twice the required occurrence limit.
B. Professional Liability Coverage - $1,000,000 per occurrence (note: A
"claims made"policy is acceptable).
C. Worker's Compensation Coverage : State statutory limits.
Deductibles, Self-Insurance Retentions, or Similar Forms of Coverage
Limitations or Modifications must be declared to and approved by the City of
Huntington Beach.
ti
A sample certificate is included as Attachment F.
The design / build contractor is encouraged to contact its insurance
carriers during the proposal stage to ensure that the insurance
requirements can be met if selected for negotiation of a contract
agreement.
2. Standard Form of Agreement
The design / build contractor will enter into an agreement with the City based
upon the contents of the RFP and the design /build contractor's proposal. The
City's standard form of agreement is included as Attachment E. The design /
build contractor shall carefully review the agreement, especially in regards
to the indemnity and insurance provisions, and include with the proposal a
description of any exceptions requested to the standard contract. If there
are no exceptions, a statement to that effect shall be included in the
proposal.
3. Disclaimer
This RFP does not commit the City to award a contract, or to pay any costs
incurred in the preparation of the proposal. The City reserves the right to
extend the due date for the proposal, to accept or reject any or all proposals
received as a result of this request,to negotiate with any qualified design/build
contractor, or to cancel this RFP in part or in its entirety. The City may require
the selected design/build contractor to participate in negotiations and to submit
such technical, fee, or other revisions of their proposals as may result from
negotiations.
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CIT1 .YF HUNTINGTON BEACH
Underground Storage Tank Removal and Replacement Project
February 1998
Page 10
4. Assigned Representatives
The City will assign a responsible representative to administer the contract, and
to assist the design / build contractor in obtaining information. The design /
build contractor also shall assign a responsible representative (project manager)
and an alternate, who shall be identified in the proposal. The design / build
contractor's representative will remain in responsible charge of the design /
build contractor's duties from the notice-to-proceed through project completion.
If the design / build contractor's primary representative should be unable to
continue with the project, then the alternate representative identified in the
proposal shall become the project manager. Any substitution of personnel or
sub-consultant identified in the proposal must be approved in writing by the
City's representative. The City reserves the right to review and
approve/disapprove all key staff and sub-consultant substitution or removal, and
may consider such changes not approved to be a breach of contract.
VIII.DESIGN/BUILD CONTRACTOR EVALUATION & SELECTION PROCESS
The City's design / build contractor evaluation and selection process is based on
Qualifications Based Selection(QBS) for professional services. The following criteria will
be used in evaluating the proposals using a point value system (100 points) based on the
weighting indicated below.
1. Grasp of the project requirements including identification of critical elements
and key issues. (10 points)
2. Technical approach and work plan for the project, including innovative
approaches. (25 points)
3. Qualifications and experience of the project manager, construction
superintendent, other key individuals,and sub-consultants. (30 points)
4. Results of reference checks. (15 points)
5. Clarity of proposal. (10 points)
6. Compliance with proposal requirements including the 20 page limitation. (10
points)
The City may elect to interview a short list of qualified design / build contractors or to
interview only the top rated firm based on the proposals submitted for the project.
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CI1 5bF HUNTINGTON BEACH
Underground Storage Tank Removal and Replacement Project
February 1998
Page 11
The City staff will negotiate a contract with the best-qualified design/build contractors for
the desired consulting services at compensation which the-City staff determines is fair and
reasonable to the City. Should the City staff be unable to negotiate a satisfactory contract
with the firm considered to be the most qualified, negotiations with that firm shall be
formally terminated. Negotiations will then be undertaken with the next most qualified
firm. Failing accord with the second most qualified firm, the City staff will terminate
negotiations and continue the negotiation process with the next most qualified firms in
order of their evaluation ranking until an agreement is reached and the design / build
contractor are selected'and an agreement is executed.
ATTACHMENTS
Attachment A--Site Location Map
Attachment B--Site Plans (9)
Attachment C--Sample Staff Related Experience
Attachment D--Sample City Design/Build Agreement
Attachment&-Environmental Unit Cost Matrix
Attachment F--City Provided Equipment
Attachment G--Schedule
F:\BILLDNME169A\ME169A—TArr—RFP.doc
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ATTACHMENT "C"
SAMPLE
RELATED EXPERIENCE OF KEY STAFF
Client Protect Description Key Staff
(including name of (including general )including names and
contact person and description of project, the role e.g. project
telephone no. scope of services manager, project
provided,project cost engineer, on that
and year project was project. Include only the
completed or year staff who are included in
estimated to be your proposal for this
completed of not project.)
completed yet.)
City of Los Angeles, Preparation of plans, Jane Doe, Project mgr.
Street Division;Joe Smith specifications and cost Howard Jones, Project
213/555-7777x321 estimates for Wilshire Engineer.
Avenue widening project
which included street
improvements,storm
drain, street lights,traffic
signals, and utility
relocation's;$1.2 million;
1996
Caltrons, District 7, Field survey, utility William Job, Project Mgr.
James Allen research, and while employed by ABC
213/564-7891 preparation of design Consultants.
report and final plans,
specifications, and cost
estimates for 1-5/1-405
Interchange Project
including bridges, ramps,
storm drain,safety
lighting, retaining walls,
and detour road; $4.5
million; 1999 (estimated).
Note: Projects can be those that your staff worked on while employed with
another firm.
ATTACHMENT "D"
SAMPLE
DESIGNBUILD AGREEMENT-(CC#1066)
THIS DESIGNBUILD AGREEMENT (the "Agreement"), made and entered into this
day of , 1998, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY",
and a corporation,hereinafter referred to as
"DESIGN/BUILDER."
Hereinafter, the CITY and the DESIGNBUILDER may be referred to collectively as the
"Parties".
RECITALS:
WHEREAS, CITY desires to obtain services for the design, engineering and construction
services for the removal and replacement of underground fuel storage tanks.
` WHEREAS, the CITY issued a Request For Proposals for the Project on
, 1998 ("RFP"); and
WHEREAS, DESIGNBUILDER submitted a proposal to CITY in response to the RFP
on ("Proposal"),
WHEREAS, based upon the evaluation criteria and competitive selection procedure set
forth in the RFP, DESIGNBUILDER has been selected to perform, either directly or pursuant to
Subcontracts, the design, engineering and construction services set forth in this Agreement and
the Contract Documents.
NOW, THEREFORE, it is agreed by CITY and DESIGN/BUILDER as follows:
ARTICLE 1
WORK STATEMENT
1.01 The "Work" is the scope of services to be performed and/or provided by
DESIGN/BUILDER pursuant to and as required by all Contract Documents including, but not
limited to the requirements set forth in RFP and Proposal herein and in accordance with all
applicable laws. DESIGNBUIL.DER shall design, engineer, procure, construct, deliver, erect,
commission, start-up, test and complete the Project, consisting of all necessary material, labor,
supervision, machinery, equipment, cranes, facilities, tools, supplies and structures including those
reasonably inferable from the Contract Documents and necessary to produce the stated result
even though no mention thereof is made in the Contract Documents.
1.02 DESIGNBUILDER's responsibilities, as further described in the Contract
Documents include, but are not limited to, the following tasks:
A. Preparation of conceptual plans;
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SAMPLE
jmp/k/g:agree/desisamp/2/24/98
B. Assisting the CITY with the CEQA and Design Review Board requirements;
C. Securing of all permits and approvals from governing agencies including the City of
Huntington Beach Community Development Department and the California Coastal
Commission;
D. Preparation of Construction Documents;
E. Construction of the Project; and
F. Operational testing.
1.03 DESIGN/BUILDER hereby designates an individual,
who shall represent DESIGN/BUILDER and be its sole contact and agent in all consultations
with CITY during the performance of this Agreement.
ARTICLE 2
CONTRACT DOCUMENTS
2.01 The "Contract Documents" shall consist of the following documents, all of
which are either attached hereto as Exhibits or are incorporated into this Agreement by this
reference, with the same force and effect as if the same were set forth at length herein:
A. This Agreement, assigned by the Parties and effective as of the date first written
above. Addenda and Modifications issued prior to the effective date are hereby
incorporated by reference and made a part hereof as follows:
B. The RFP, attached hereto as Exhibit A;
C. The DESIGN/BUILDER'S Proposal, attached hereto as Exhibit B;
' D. The Faithful performance bond attached hereto as Exhibit C;
E. The Payment Bond attached hereto as Exhibit D;
F. The Warranty Bond attached hereto as Exhibit E;
G. Construction Documents, upon approval by Owner in accordance with Article 9
herein.
2.03 Should there be any conflict between the terms of this Agreement and the
proposal of DESIGN/BUILDER, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said proposal which is in conflict herewith.
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jmp/sample/design/February 20,1998
2.04 This Agreement, together with all other .Contract Documents constitutes the
entire Agreement between the Parties hereto and all other representations or statements
heretofore made, verbal or written, are merged herein. This Agreement may be amended only
by written modification executed by duly authorized representatives of the Parties hereto or
according to tke Change Order procedure set forth herein.
ARTICLE 3
OWNER'S DUTIES AND RESPONSIBILITIES
3.01 Owner Designation of Authorized Representative. The CITY shall
designate, from time to time, one or more representatives authorized to act on the CITY's
behalf with respect to the Project.
3.02 Owner's Right To Award Separate Contracts. The CITY reserves the right
to perform Work or operations related to the Project, with the Owner's own forces, and to
award separate contracts in connection with the Project.
3.03 Owner's Right To Stop The Work. If the DESIGN/BUILDER fails to correct
defective Work as required herein, or persistently fails to carry out the Work in accordance
with the Contract Documents, the CITY may, in its sole discretion, elect to order the
DESIGN/BUILDER to stop the Work, or any portion thereof until the CITY reasonably
determines that the cause for such order has been eliminated. The CITY's right to stop the
Work is in addition to the CITY's right to terminate set forth herein.
3.04 CITY's Right To Carry Out The Work. If the DESIGN/BUILDER defaults
and neglects to carry out the Work in accordance with the Contract Documents or fails to
perform any of its obligations under the Contract Documents, the CITY may, after forty-eight
(48) hours written notice to the DESIGN/BUILDER, and without prejudice to any other
remedy the CITY may have, make good such deficiencies. In such case, an appropriate
Change Order shall be issued deducting from the payments then or thereafter due the
DESIGN/BUILDER the cost of correcting such deficiencies. If the payments then or
thereafter due the DESIGN/BUILDER are not sufficient to cover such amount, the
DESIGN/BUILDER shall pay the difference to the CITY within thirty (30) days of written
demand from the CITY.
ARTICLE 4
TIME OF PERFORMANCE
4.01 Contract Time. Time is of the essence of this Agreement. By executing this
Agreement, DESIGN/BUILDER confirms that the Contract Time is a reasonable period for
performing the Work. DESIGN/BUILDER agrees to commence Work immediately upon
receipt of a written Notice to Proceed issued by the CITY, to continue performance of the
Work in a diligent workmanlike manner, to achieve Substantial Completion of the Work
within calendar days after the date of issuance of the Notice to Proceed and to achieve
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jmp/sample/design/February 20,1998
final completion of the Work within the time fixed by the City in its Certificate of Substantial
Completion (the "Contract Time"). The Contract Time may be extended only with the written
permission of the CITY.
4.02 Schedules. The planning, design, construction and completion of the Project
shall be undertaken and completed in accordance with the Project Schedule to be provided to
the CITY within ten (10) days after issuance of the Notice to Proceed. The Project Schedule
shall define'major design and construction activities, their sequences and elapsed completion
time from the date of the Notice to Proceed. The Project Schedule shall be updated
throughout the performance of the Work. The Project Schedule may be amended to benefit
the Project if mutually agreed by the CITY and DESIGN/BUILDER in writing.
4.03 Delays and Extensions of Time.
A. If the DESIGN/BUILDER is delayed in the progress of the Work by acts or
neglect of the CITY, CITY's employees, separate contractors employed by the
CITY, changes ordered in the Work not caused by the fault of
DESIGN/BUILDER, fire, unusual delay in :transportation, adverse weather
conditions not reasonably anticipated, unavoidable casualties, or other causes
beyond the DESIGN/BUILDER'S control, then the Date of Substantial
Completion shall be extended for a period equal to the length of such.delay if,
within ten (10) calendar days after the beginning of any such delay, the
DESIGN/BUILDER delivers to the CITY a request for extension for such delay
and such request is approved by the CITY. CITY's approval of such request
shall not be unreasonably withheld.
B. An extension of time shall be the DESIGN/BUILDER's sole remedy for any
such delay unless the same shall have been caused by acts constituting
intentional interference by the CITY with the DESIGN/BUILDER'S
performance of the Work where such acts continue after the
DESIGN/BUILDER's written notice to the CITY of such interference. In the
event the DESIGN/BUILDER's work has been delayed by acts constituting
intentional interference by the CITY, the DESIGN/BUILDER shall be entitled
to reimbursement for its reasonable additional costs resulting from such delays
but not for any additional profit or overhead.
4.04 Liquidated Damages. DESIGN/BUILDER and CITY recognize that time is of
the essence of this Agreement and that CITY will suffer substantial economic damage if the
Work is not completed within the times specified hereinabove, plus any extensions thereof
allowed in accordance with this Agreement. The Parties also recognize the extent of such
damages shall be incapable of accurate measurement. Nonetheless, the Parties acknowledge
that on the date of this Agreement, the amount of liquidated damages set forth below
represents a good faith estimate as to the actual potential damages that the CITY would incur
as a result of late Substantial Completion of the Project. The amount of the liquidated
damages calculated hereunder dues not include any penalty.
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jmp/sampleldesign/February 20,1998
4.05 Amount of Liquidated Damages. If the DESIGN/BUILDER fails to achieve
Substantial Completion of the Work on or before- the date specified hereinabove,
DESIGN/BUILDER and its surety shall pay to the CITY liquidated damages in the amount of
Dollars ($ ) per
day for each day the date of Substantial Completion is delayed beyond the date set forth in this
Agreement. ' It is further mutually understood and agreed between CITY and
DESIGN/BUILDER that the sums of liquidated damages set forth above are additive for each
and every day of delay in the event that Substantial Completion is so exceeded. It is further
understood and agreed upon by and between CITY and DESIGN/BUILDER that liquidated
damages may be assessed against progress payments or retainage and that CITY will issue a
deductive Change Order for the amount specified herein and will reduce the Contract Price
accordingly. In the event the remaining, unpaid Contract Price is insufficient to cover the full
amount of assessed liquidated damages, DESIGN/BUILDER or its surety shall pay the
difference to CITY on demand. This paragraph shall not limit the CITY's ability to seek and
obtain additional legal remedies or damages that result from breaches of the Contract
Documents by the DESIGN/BUILDER, other than those caused by delay -in achieving
Substantial Completion.
ARTICLE 5
CONTRACT PRICE
5.61 In consideration of DESIGN/BUILDER's performance of the Work described
herein, CITY agrees to pay DESIGN/BUILDER the Lump Sum Contract Price of:
Dollars ($ ) in
accordance with the payment procedures set forth in Article 6 herein. Except as otherwise
provided in the Contract Documents, the Contract Price will fully compensate
DESIGN/BUILDER for all Work required by the Contract Documents.
ARTICLE 6
PAYMENT AND COMPLETION
6.01 Schedule of Values. Before submitting the first Application for Payment, and
within ten (10) calendar days after CITY's issuance of the Notice to Proceed, the
' DESIGN/BUILDER shall submit to the CITY for review a Schedule of Values, setting forth
quantities and prices of items aggregating the Contract Price and will subdivide the Work into
component parts in sufficient detail to serve as the basis for progress payments during
performance of the Work. Such prices will include all overhead and profit applicable to each
item of Work. The Schedule of Values, as agreed to by the CITY, shall be used as a basis for
payment.
6.02 Application For Payment.
A. The DESIGN/BUILDER shall deliver to the CITY on the day of
each month, an Application for Payment covering the Work performed during
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such month. The Application for Payment shall constitute a representation by
the DESIGN/BUILDER to the Owner that, the design and construction have
progressed to the point indicated, the quality of the Work covered by the
Application is in accordance with the Contract Documents, and the
DESIGN/BUILDER is entitled to payment in the amount requested.
B. In submitting each Application For Payment; DESIGN/BUILDER warrants
that: title to all Work covered by each Application for Payment shall pass to the
CITY no later than the time of payment. The DESIGN/BUILDER further
warrants that all Work covered by the previous Application for Payments is free
and clear of liens, claims, security interest or other encumbrances.
C. Each Application for Payment shall:
1. Reference this Agreement;
2. Describe the services performed;
3. Include an estimate of the percentage of Work completed;
4. Show the total amount of the payment due;
5. Include a certification by a principal member of the
DESIGN/BUILDER's firm that the Work has been performed in
accordance with the provisions of this Agreement;
6. Include such documentation as may be necessary to substantiate costs
incurred, or estimated to be incurred and percentage of completion of
Work;
7. Include duly completed and executed forms of Conditional Waiver and
Release in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment requested; and
8. Include duly completed and executed forms of Unconditional Waiver and
Release, in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment received by DESIGN/BUILDER for the previous
Application for Payment.
6.03 Payment.
A. Upon submission of any such Application for Payment, if CITY is satisfied that
DESIGN/BUILDER is making satisfactory progress toward completion of Work in
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jmp/sample/deslgWebruary 20,1998
accordance with this Agreement, CITY shall promptly approve the Application, in
which event payment shall be made within -thirty (30) days of receipt of the
Application by CITY. Such approval shall not be unreasonably withheld. If the
CITY does not approve an Application, for Payment, CITY shall notify
DESIGN/BUILDER in writing of the reasons for non-approval, within seven (7)
calendar days of receipt of the Application.
B. Subject to verification of the value of Work completed, the CITY shall pay the
DESIGN/BUILDER for the percentage of Work completed through the period
covered by the Application for Payment less 10% retainage.
C. The DESIGN/BUILDER shall have the option to substitute securities for monies
withheld from Progress Payments to ensure DESIGN/BUILDER'S performance
under the terms of this Agreement.
6.04 Withholding of Payments. The CITY may refuse to make payment, or
because of subsequently discovered evidence or observations, shall nullify the whole or any
part of any payment previously issued, to such extent as may be necessary to protect the CITY
from loss because of.
A. Defective work not remedied;
B. Third parties claims filed are reasonable evidence indicating probable filing of
such claims;
C. Failure of DESIGN/BUILDER to make payments of undisputed amounts to
subcontractors for labor, materials or equipment;
D. Damage to the CITY caused by default or neglect of the DESIGN/BUILDER to
the extent not covered by insurance; or
E. Reasonable evidence that the work cannot be completed within the Contract
Time.
6.05 Substantial Completion. When the DESIGN/BUILDER considers that the
Work is Substantially Complete, the DESIGN/BUILDER shall prepare and submit to the
CITY a request for issuance of a Certificate of Substantial Completion and a comprehensive
list of items to be completed. The DESIGN/BUILDER shall proceed promptly to complete
and correct the items. Failure to include an item on the DESIGN/BUILDER's list does not
alter the responsibility of the DESIGN/BUILDER to complete all Work in accordance with the
Contract Documents. Upon receipt of the DESIGN/BUILDER's request for issuance of a
Certificate of Substantial Completion, the CITY will make an inspection to determine whether
Substantial Completion has occurred. The CITY may either reject the DESIGN/BUILDER's
request for issuance of a Certificate of Substantial Completion or issue a Certificate of
Substantial Completion with the punchlist items of Work to be completed or corrected
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jmp/sample/desigNFebruary 20.1998
("Punchlist") and fixing the time within which DESIGN/BUILDER shall complete the
Punchlist items and achieve Final Completion.
6.06 Final Completion and Final Payment.
A. When the DESIGN/BUILDER considers that the Work is finally complete, the
DESIGN/BUILDER shall so notify the CITY. "The CITY will inspect the Work
and will either reject the request or accept the Work as evidenced by the
recordation of a Notice of Completion.
B. Neither final payment nor any final release of.retainage shall become due to
DESIGN/BUILDER until sixty (60) days following CITY's recordation of a
Notice of Completion and the DESIGN/BUILDER submits to the Owner:
1. An affidavit that all payrolls, bills for materials and equipment and other
indebtedness connected with the Work for which the CITY might in any
1 way be responsible, have been paid or otherwise satisfied;
2. Consent of surety to final payment;
3. Data establishing payment or satisfaction of all .obligation such as
receipts, releases and waivers from all persons-legally. eligible to file
stop notices in connection with the Work;
4. Submittal of Records, Drawings and Documents in reproducible format;
5. Submittal of warranties, operational and maintenance manuals and other
submittals required by the Contract Documents; and
6. Such other documentation as the CITY may reasonably require.
6.07 Waiver of Claims. Acceptance of Final Payment by the DESIGN/BUILDER
shall constitute a waiver of affirmative claims by the DESIGN/BUILDER, except those
previously made in writing and identified as unsettled of the time of final payment.
ARTICLE 7
PROTECT DOCUMENTS
7.01 Use of Materials. DESIGN/BUILDER agrees that all materials prepared
hereunder, including all original drawings, designs, reports, field and office notices,
calculations, maps and other documents, shall be turned over to CITY upon termination of this
Agreement or upon Final Completion of the Project, whichever occurs first. In the event this
Agreement is terminated, said materials may be used by CITY in the completion of PROJECT
or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of
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amounts determined by CITY to be earned by DESIGN/BUILDER to the point of termination
or completion of the PROJECT, whichever is applicable. DESIGN/BUILDER shall be
entitled to retain copies of all data prepared hereunder.
7.02 Delivery of Work Product. A copy of every technical memo and report
prepared by DESIGN/BUILDER shall be submitted to the CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or- has comments on any such work
product, CITY shall identify specific requirements for satisfactory completion.
7.03 Record Documents. DESIGN/BUILDER shall maintain in a safe place at the
Project Site one record copy of all drawings, specifications, addenda, written amendments,
change orders, field orders and work change directives, in good order and annotated to show
all changes made during construction ("Record Documents"). These Record Documents,
together with all approved submittals, will be available to CITY for reference. Upon
completion of the Work, these Record Documents and submittals, including a reproducible set
of Record Drawings, will be delivered to CITY as a condition precedent to Final Payment.
ARTICLE 8
DESIGN/BUILDER REPRESENTATIONS AND RESPONSIBILITIES
8.01 Examination of Local Conditions. The DESIGN/BUILDER represents that it
has taken steps reasonably necessary to ascertain the nature and location of the Work, and that
it has investigated and satisfied itself as to the general and local conditions which may affect
cost, progress, or performance of the Work such as:
A. Conditions bearing on transportation, disposal, handling, storage of materials;
B. The availability of labor, water, power and roads;
C. Normal weather conditions;
D. Observable physical conditions at the site;
E. The surface conditions of the ground; and
F. The character of the equipment and facilities needed prior to and during the
performance of the Work.
8.02 Review of Contract Documents and Field Conditions.
A. DESIGN/BUILDER has examined and carefully studied the Contract Documents
(including the Addenda) and the other related data identified in the Request for
Proposals. The DESIGN/BUILDER shall perform the Work in accordance with the
Contract Documents and submittals approved in accordance with the procedures set
forth herein.
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B. DESIGN/BUILDER has carefully studied all. reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous
to the Site which have been identified or made available by CITY.
C. The DESIGN/BUILDER shall take field measurement and verify field conditions
and shall carefully compare such field conditions and other information known to
the DESIGN/BUILDER with the Contractor Documents before commencing
activities.
D. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents and all additional examinations,
investigations, explorations, tests, studies and data with the Contract Documents.
E. DESIGN/BUILDER has given CITY written notice of all conflicts, errors,
ambiguities or discrepancies that DESIGN/BUILDER has discovered in the
Contract Documents and the written resolution thereof by CITY is acceptable to
DESIGN/BUILDER, and the Contract Documents are generally sufficient to
indicate and convey understanding of all terms and conditions for performance and
furnishing of the work.
F. DESIGN/BUILDER is aware of the general nature of work to be performed by CITY
and others at the Site that relates to the Work as indicated in the Contract Documents.
8.03 Legal Requirements. DESIGN/BUILDER is familiar with and is satisfied as
to all federal, state and local Laws and regulations that may affect cost, progress, performance
or furnishing of the Work. The DESIGN/BUILDER shall comply with all applicable laws and
shall give applicable notices pertaining thereto. The DESIGN/BUILDER shall prepare and file
all documents required to obtain the necessary approvals of governmental authorities having
jurisdiction over the Work and/or the Project and shall secure and pay for all permits and
governmental fees, licensees and inspections necessary for the proper execution of the Work
and completion of the Project.
8.04 Before Starting Work.
A. DESIGN/BUILDER shall submit the following for review within ten (10)
calendar days after issuance of the Notice to Proceed.
1. A preliminary Project Schedule indicating the times (numbers of days or
dates) for starting and completing the various stages of the Work including
each Milestone specified in the Contract Documents;
2. A preliminary schedule of required Submittals and the times for submitting,
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jmp/aampleldeaigrVFebruary 20,1998
reviewing and processing each submittal;
3. A preliminary Schedule of Values and Cash Flow Projection; and
4. Certificates of insurance and endorsements (and other evidence of insurance
which either of them or any additional insured may reasonably. request).
8.05 Initial Conference. Within twenty (20) calendar days after the issuance of the
Notice to Proceed, a conference attended by CITY and DESIGN/BUILDER and others as
appropriate will be held to establish a working understanding among the Parties as to the Work
and to discuss the design concepts, schedules, procedures for handling submittals, processing
Applications for Payment, maintaining required records and other Project matters.
8.06 CITY's Acceptance of Preliminary Submittals.
A. At least ten (10) days before submission of the first Application for Payment, a
► conference attended by DESIGN/BUILDER, CITY and others as appropriate, will
be held to review for acceptability the required submittals. DESIGN/BUILDER
shall have an additional ten (10) calendar days to make corrections and adjustments
and to complete and resubmit the documents. No progress payment shall be made
to DESIGN/BUILDER until the submittals are acceptable to CITY as provided
below.
B. The Projects Schedule will be acceptable to CITY as providing an orderly
progression of the Work to completion within any specified Milestones and the
Contract Time, but such acceptance will neither impose on CITY responsibility for
the sequencing, scheduling or progress of the Work nor interfere with nor relieve
DESIGN/BUILDER from DESIGN/BUILDER's full responsibility therefor. The
format and structure of the Project Schedule will be as set forth in the Contract
Documents and approved by CITY. CITY's acceptance shall not be deemed to
confirm that the schedule is a reasonable plan for performing the Work.
DESIGN/BUILDER'S Schedule of Submittals will be acceptable to CITY as
providing a workable arrangement for reviewing and processing the required
Submittals.
C. DESIGN/BUILDER'S Schedule of Values and Cash Flow Projection will be
acceptable to CITY as to form substance.
ARTICLE 9
DESIGN PHASE SERVICES
9.01 Standard of Care. All design services to be performed by DESIGN/BUILDER
and its employees, agents and subcontractors shall be performed in an expeditious and
professional manner using architects, engineers and other professionals properly licensed and
duly qualified in the jurisdiction in which the Project is located. The professional obligations
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of such persons shall be undertaken and performed in the,interest of the DESIGN/BUILDER.
All design services performed pursuant to this Agreement shall be provided with the standard
of judgment, care, knowledge and skill which prevails among design professionals, of
knowledge and skill, engaged in practice within Southern California under the same or similar
circumstances, involving the design and construction of an improvement such as this Project in
compliance with the CITY's requirements and performance criteria. Nothing in this article
shall create a contractual relationship between such persons and the CITY.
9.02 Preliminary Design Phase. After the Contract Time commences and within
the times set forth in the Project Schedule accepted by CITY, DESIGN/BUILDER shall:
A. Consult with CITY to understand CITY's requirements for the Project and
review available data;
B. Advise CITY as to the necessity of CITY's providing or obtaining from others
► additional reports, data or services and assist CITY in obtaining such reports,
data, or services;
C. Identify and analyze requirements of -governmental authorities having
jurisdiction to approve the portions of the Project designed or specified by
DESIGN/BUILDER with whom consultation is to be undertaken in connection
with the Project;
D. Prepare Conceptual Plans which shall illustrate the scale and relationship of
Project components, outline the nature and structural exterior and three
dimensional scale of the Projects and shall fix and describe in detail the
configuration and character of the Project;
E. Upon approval of the Conceptual Plans, prepare Preliminary Design Documents
consisting of final design criteria, preliminary drawings, outline specifications,
written descriptions of the Project and other documents to fix and describe the
size, quality and character of the entire Project; and
F. Furnish the Preliminary Design Documents to and review them with CITY for
approval within the time indicated in the approved Project Schedule.
DESIGN/BUILDER shall not proceed with the Final Design Phase until it
receives written authorization from CITY to do so.
9.03 Final Design Phase. After written acceptance by CITY of the Preliminary
Design Documents DESIGN/BUILDER shall:
A. On the basis of the accepted Preliminary Design Documents, prepare final
Construction Documents showing the scope, extent, and character of the
construction to be performed and furnished by DESIGN/BUILDER including
technical drawings, schedules, diagrams and specifications (which will be
12
jmp/sample/design/February 20.1998
prepared, where appropriate, in general conformance with the sixteen division
format of the Construction Specifications-Institute) setting forth in sufficient
detail for the purposes of competitive bidding, the requirements for construction
of the Work which shall provide information customarily necessary for the use
of those in building trades.
B. Provide technical criteria, written descriptions and design data required for
obtaining approvals of such governmental authorities as have jurisdiction to
review or approve the final design of the Project, and assist CITY in
consultations with appropriate authorities.
C. Furnish the above documents, drawings and specifications to and review them
with CITY for approval within the time indicated in the approved Project
Schedule. DESIGN/BUILDER shall not proceed with the Construction Phase
unless and until it receives written authorization from CITY to do so. CITY
reserves the right to require DESIGN/BUILDER to competitively bid the
► Construction Phase Services when the Construction Documents are complete
and to terminate this Contract for convenience and award the Construction
Phase Services to the low bidder. If the low bidder is other than
DESIGN/BUILDER, this Contract may be terminated for convenience and
DESIGN/BUILDER will be compensated for the reasonable value of services
performed prior to termination.
ARTICLE 10
CONSTRUCTION PHASE SERVICES
10.01 General.
A. Construction services shall be performed by DESIGN/BUILDER and/or by
qualified and licensed contractors, subcontractors and suppliers who are selected,
paid and acting in the interest of the DESIGN/BUILDER. DESIGN/BUILDER
shall provide or cause to be provided and shall pay for design services, labor,
materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation and other facilities and services necessary for proper
execution and completion of the Work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
B. The DESIGN/BUILDER shall be responsible for and shall coordinate all
construction means, methods, techniques, sequences and procedures.
C. The DESIGN/BUILDER shall keep the CITY informed of the progress and quality
of the Work.
D. The DESIGN/BUILDER shall keep the premises free from accumulation of waste
materials or rubbish caused by the DESIGN/BUILDER'S operations. At the
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completion of construction of the Work, the DESIGN/BUILDER shall remove from
and about the Project the DESIGN/BUILDER'S tools, construction equipment,
machinery, surplus materials, waste materials and rubbish.
10.02 Supervision and Superintendent of Construction.
A. DESIGN/BUILDER shall supervise, inspect and direct the construction competently
and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to provide the construction in accordance with the
Contract Documents. DESIGN/BUILDER shall be solely responsible to see that
the completed construction complies accurately with the Contract Documents and
shall keep CITY advised as to the quality and progress of the Work.
B. DESIGN/BUILDER shall keep on the Site at all times during construction a
competent resident superintendent, who shall not be replaced without written notice
to CITY except under extraordinary circumstances. The CITY shall have the right,
at any time, to direct a change in the DESIGN/BUILDER's key .personnel if
performance is unsatisfactory, as determined by CITY in its sole discretion. The
superintendent will be DESIGN/BUILDER'S representative at the Site and shall
have authority to act on behalf of DESIGN/BUILDER. All communications to the
superintendent shall be as binding as if given to DESIGN/BUILDER.
10.03 Labor. Materials and Equipment.
A. DESIGN/BUILDER shall provide competent, suitably qualified personnel to
survey and lay out the construction and perform construction as required by the
Contract Documents. DESIGN/BUILDER shall at all times maintain good
discipline and order at the Site. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site or adjacent thereto,
and except as otherwise indicated in the Contract Documents, all construction at
the Site shall be performed during regular working hours, and
DESIGN/BUILDER will not permit overtime work or the performance of
construction of Saturday, Sunday or any legal holiday without CITY's written
consent, which will not be unreasonably withheld.
B. Unless otherwise specified in the Contract Documents, DESIGN/BUILDER
shall furnish or cause to be furnished and assume full responsibility for
materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other facilities and incidentals
necessary for the furnishing, performance, testing, start-up and completion of
the Work. DESIGN/BUILDER, in the presence of CITY's personnel, will
direct the checkout of utilities and operations of systems and equipment.
C. All materials and equipment incorporated into the Work shall be of good quality
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and new, except as otherwise provided in the Contract Documents. All
warranties and guarantees specifically called for by the Contract Documents
shall expressly run to the benefit of CITY. If required by CITY,
DESIGN/BUILDER shall furnish satisfactory evidence (including reports of
required tests) as to the kind and quality of materials and equipment. All
materials and equipment shall be applied, installed, connected, erected, used,
cleaned and conditioned in accordance with instructions of the applicable
Supplier, except as otherwise provided in the Contract Documents.
ARTICLE 11
OPERATIONAL PHASE
11.01 During the operational phase, DESIGN/BUILDER shall:
A. Provide assistance in connection with the start-up, testing, refining and adjusting
of any equipment or system.
B. Assist CITY in training staff to operate and maintain the Project.
C. Assist CITY in developing systems and procedures for control of the operation
and maintenance of and record keeping for the Project.
ARTICLE 12
SUBCONTRACTORS, SUPPLIERS AND OTHERS
12.01 DESIGN/BUILDER shall not employ any subcontractor, engineer, supplier or
other individual or entity against whom CITY may have reasonable objection.
DESIGN/BUILDER shall not be required to employ any subcontractor, engineer, supplier or
other individual or entity to furnish or perform any of the Work against whom
DESIGN/BUILDER has reasonable objection.
12.02 DESIGN/BUILDER shall be fully responsible to CITY for all acts and
omissions of the subcontractors, engineers, suppliers and other individuals or entities
performing or furnishing any of the Work under a direct or indirect contract with
DESIGN/BUILDER. Nothing in the Contract Documents shall create for the benefit of any
such subcontractor, engineer, supplier or other individual or entity any contractual relationship
between CITY and any such subcontractor, engineer, supplier or other individual or entity, nor
shall it create any obligation on the part of CITY to pay or to see to subcontractor, engineer,
supplier or other individual or entity except as may otherwise be required by laws and
regulations.
12.03 DESIGN/BUILDER shall be solely responsible for scheduling and coordinating
subcontractors, engineers, suppliers and other individuals and entities performing or furnishing
any of the work under direct or indirect contract with DESIGN/BUILDER.
DESIGN/BUILDER shall require all subcontractors, engineers, suppliers and such other
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individuals and entities performing or furnishing any of the Work to communicate with the
CITY through DESIGN/BUILDER.
12.04 All services performed or provided to and material and equipment supplied to
DESIGN/BUILDER by a Subcontractor or Supplier will be pursuant to an appropriate design
sub-agreement -or construction sub-agreement between DESIGN/BUILDER and the
subcontractor, engineer or supplier which specifically binds the subcontractor, engineer or
supplier to the terms and conditions of the Contract Documents for the benefit of CITY.
Whenever any such agreement is with a subcontractor, engineer or supplier who is listed as an
additional insured on the property insurance provided for herein, the agreement between the
DESIGN/BUILDER and the subcontractor, engineer or supplier will contain provisions
whereby the subcontractor, engineer or supplier waives all rights against CITY,
DESIGN/BUILDER, CITY's consultants and all other additional insureds for all losses and
damages caused by any of the perils or causes of loss covered by such policies and any other
property insurance applicable to the Work. If the insurers on any such policies require
separate waiver forms to be signed by any subcontractor, engineer or supplier,
DESIGN/BUILDER will obtain the same.
ARTICLE 13
BONDS
13.01 DESIGN/BUILDER shall, prior to entering upon the performance of this
Agreement, furnish the following three bonds approved by the City Attorney:
A. A Performance Bond in the amount of one hundred percent of the Contract Price to
guarantee the DESIGN/BUILDER's faithful performance of the Work;
B. A Warranty Bond in the amount of one hundred percent of the Contract Price to
warrant such performance for a period of one (1) year after CITY's acceptance
thereof; and
C. A Payment Bond in the amount of one hundred percent of the Contract Price to
guarantee payment of all claims for labor and materials furnished.
3
13.02 The bonds shall be executed by a California admitted surety rated A-VII or
better in Best's Insurance Guide. If a Best's Insurance Guide rating is not available, the
proposed surety must meet comparable standards of another rating service satisfactory to
CITY. Bonds issued by a surety listed in the latest version of the U:S. Department of
Treasury Circular 570 shall be deemed to be accepted unless specifically rejected by CITY.
Bonds from sureties not listed in Treasury Circular 570 must be accompanied by all of the
documents enumerated in California Code of Civil Procedure Section 995.660(a).
13.03 Every bond must display the surety's bond number and incorporate the Contract
Documents by reference. The terms of the bonds shall provide that the surety agrees that no
change, extension of time, alteration or modification of the Contract Documents or the Work
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to be performed thereunder shall in any way affect its obligations and shall waive notice of any
such change, extension of time, alteration or modification.of the Contract Documents.
ARTICLE 14
INDEMNIFICATION
14.01 To the fullest extent permitted by law, the DESIGN/BUILDER hereby assumes
liability for and agrees to indemnify and hold harmless, the CITY, its officers, officials,
agents, employees, and representatives (hereinafter referred to as "Indemnities") from and
against any and all claims, demands, defense costs, action, expenses of any kind whatsoever,
arising out of or encountered in connection with this Agreement or the prosecution of Work
under it (including but not limited to errors or omissions in design or design-build work for
which DESIGN/BUILDER or its subcontractor(s) were responsible), whether such claims,
demands, actions or liability are caused by DESIGN/BUILDER, DESIGN/BUILDER's
subcontractors, agents or employees or products installed on the Project by
DESIGN/BUILDER or subcontractors, regardless of whether caused in part by a party
indemnified hereunder, excepting only such injury, death, or damages as maybe caused solely
and exclusively by the negligence or willful misconduct of the Indemnitees, as determined by a
court of competent jurisdiction, and such indemnification shall extend to all claims, demands,
actions, defense costs, or liability for injuries, death, or damages occurring after completion of
the Project as well as during the Work's progress. DESIGN/BUILDER further agrees that it
shall (at the option of the party required to be indemnified hereunder) at its own cost, expense,
and risk, defend Indemnitees in" any and all claims, demands, actions, suits, or other legal
proceedings which may be brought or instituted against Indemnitees.
14.02 This indemnity shall survive termination of the Agreement or final payment
hereunder. This indemnity is in addition to any other rights or remedies which the
Indemnitees may have under the law or under the Contract Documents. In the event of any
claim or demand made against any party which is entitled to be indemnified hereunder, the
CITY may, in its sole discretion, reserve, retain or apply any monies due to the
DESIGN/BUILDER under the Agreement for the purpose of resolving such claims; provided,
however, that the CITY may release such funds if the DESIGN/BUILDER provides the CITY
with reasonable assurance of protection of the Indemnitees' interest. The CITY shall in its
sole discretion determine whether such assurances are reasonable.
ARTICLE 15
INSURANCE
15.01. Workers Compensation Insurance.
A. Pursuant to California Labor Code section 1861, DESIGN/BUILDER
acknowledges awareness of section 3700 et seq. of said Code, which requires
every employer to be insured against liability for workers compensation;
DESIGN/BUILDER covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
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B. DESIGN/BUILDER shall maintain workers compensation insurance in an
amount of not less than:
1. One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence;
2. One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee; and
3. Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,
aggregate policy limit.
C. DESIGN/BUILDER shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees.
DESIGN/BUILDER shall furnish to CITY a certificate of waiver of subrogation
under the terms of the workers compensation insurance and DESIGN/BUILDER
shall similarly require all subcontractors to waive subrogation.
15.02 General Liability Insurance. DESIGN/BUILDER shall obtain and furnish to
CITY, a policy of general public liability insurance, including motor vehicle coverage
covering the PROJECT. Said policy shall indemnify DESIGN/BUILDER, its officers, agents
and employees, while acting within the scope of their duties, against any and 'all claims of
arising out of or in connection with the PROJECT, and shall provide coverage in not less than
the following amounts:
A. Combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of
$1,000,000 per occurrence.
B. If coverage is provided under a form which includes a designated general aggregate
limit, the aggregate limit must be no less than $1,000,000.
Said general liability policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the Project shall be deemed excess coverage and that DESIGN/BUILDER's
insurance shall be primary.
15.03 Professional Liability Insurance. DESIGN/BUILDER shall furnish a
professional liability insurance policy covering the design work required by the Contract
Document. Said policy shall provide coverage for Consultant's professional liability in an
amount not less than $1,000,000 per occurrence and in the aggregate. A claims made policy
shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the DESIGN/BUILDER'S
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start of work (including subsequent policies purchased as renewals or
replacements).
B. DESIGN/BUILDER will make every effort to maintain similar insurance during
the required extended period of coverage following Project completion,
including the requirement of adding all additional insureds.
C. If insurance is terminated for any reason, DESIGN/BUILDER agrees to
purchase an extended reporting provision of -at least two (2) years to report
claims arising from work performed in connection with.this Agreement.
D. The reporting of circumstances or incidents that might give rise to future claims.
15.04 Certificates of Insurance and Endorsements. Prior to commencing
performance of the Work hereunder, DESIGN/BUILDER shall furnish to CITY certificates of
insurance, subject to approval of the City Attorney, evidencing the foregoing insurance
i coverages required by this Agreement; said certificates and endorsements shall:
A. Name the CITY as an additional insured with the sole exception of professional
liability insurance;
B. Provide the name and policy number of each carrier and policy;
C. Shall state that the policy is currently in force; and
D. Shall promise that such policies shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty days prior
written notice to the CITY; however, ten days prior written notice in the event
of cancellation for nonpayment of premium.
15.05 DESIGN/BUILDER shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY. The
requirement for carrying the foregoing insurance coverages shall not derogate from the
provisions for indemnification of CITY by DESIGN/BUILDER under the Agreement. CITY
or its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. DESIGN/BUILDER shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
ARTICLE 16
PATENT FEES AND ROYALTIES
16.01 DESIGN/BUILDER shall pay all license fees and royalties and assume all costs
incident to the use in the performance of the Work or the incorporation in the Work of any
invention, design, process, product or device which is the subject of patent rights or copyrights
held by others. To the fullest extent permitted by laws and regulations. DESIGN/BUILDER
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shall defend, indemnify and hold harmless CITY and its agents, employees and officers, from
and against all claims, costs, losses and damages (including bug not limited to all fees and
charges of engineers, architects, attorneys and other professionals and all court or arbitration
or other dispute resolution costs) arising out of or pertaining, in any manner, to any actual or
alleged infringement of patent rights or copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of any invention, design, process,
product or device not specified in the conceptual documents.
16.02 The DESIGN/BUILDER offers and agrees to assign to the CITY all rights, title
and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15
U.S.C. Section 15) or under the Cartwright Act (Chapter-2 (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code of the State of.California),
arising from purchases of goods, services or materials pursuant to performance of the Work.
This assignment will be made and becomes effective at the time CITY tenders final payment to
DESIGN/BUILDER, without further acknowledgement by the Parties.
i ARTICLE 17
PERMITS
17.01 . Unless otherwise provided in the Contract,Documents, DESIGN/BUILDER
shall directly or through one or more subcontractors obtain and pay for all necessary permits
and licenses. CITY shall assist DESIGN/BUILDER, when necessary, .in .obtaining such
permits and licenses. DESIGN/BUILDER shall pay all governmental charges and inspection
necessary for the prosecution of the construction, which are applicable on the last day for
receipt of proposals. DESIGN/BUILDER shall pay all charges of utility owners for
connections to the Work, and CITY shall pay all charges of such utility owners for capital
costs related thereto.
ARTICLE 18
LAWS AND REGULATIONS
18.01 DESIGN/BUILDER shall give all notices and comply with all laws and
regulations of the place of the Project which are applicable to furnishing and performance of
the Work. Except where otherwise expressly required by applicable laws and regulations,
CITY shall not be responsible for monitoring DESIGN/BUILDER'S compliance with any laws
or regulations.
18.02 If DESIGN/BUILDER performs any work knowing or having reason to know
that it is contrary to laws or regulations, DESIGN/BUILDER shall bear all costs arising
therefrom.
18.03 Changes in laws and regulations not known or foreseeable on the date of receipt
of proposals having an effect on the cost or time of performance may be the subject of a claim
as provided for herein.
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ARTICLE 19
TAXES
19.01 DESIGN/BUILDER shall pay all sales, consumer, use, gross receipts and other
similar taxes required to be paid by DESIGN/BUILDER in accordance with the laws and
- _ - regulations. of the place of the Project which are applicable during the performance of the
- --- -- Work:
ARTICLE 20
- USE OF SITE AND OTHER AREAS
20.01 DESIGN/BUILDER shall confine construction equipment, the storage of
materials and equipment and the operations of construction workers to those lands and areas
permitted by the CITY and other land and areas permitted by laws and regulations, rights-of-
way, permits and easements, and shall not unreasonably encumber the premises with
construction equipment or other materials or equipment. DESIGN/BUILDER shall assume
full responsibility for any damage to any such land or area, or to the'CITY.or.occupant thereof
or of any adjacent land or areas, resulting from -the performance of the Work.
DESIGN/BUILDER shall, to the fullest extent permitted by laws and regulations, indemnify
and hold harmless .CITY, CITY's consultants and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and damages (including, but not limited
to, fees of engineers, architects, attorneys and other professionals and court and arbitration or
other dispute resolution costs) arising out of or resulting from any claim or action, legal or
equitable, brought by any such CITY or occupant against CITY, or any other party
indemnified hereunder to the extent caused by or based upon DESIGN/BUILDER's
performance of the construction.
20.02 During the performance of the construction, DESIGN/BUILDER shall keep the
premises free from accumulations of waste materials, rubbish and other debris resulting from
the construction. At the completion of the construction DESIGN/BUILDER shall remove all
waste materials, rubbish and debris from and about the premises as well as all tools,
appliances, construction equipment, temporary construction and machinery and surplus
materials. DESIGN/BUILDER shall leave the Site clean and ready for occupancy by CITY at
substantial completion. DESIGN/BUILDER shall restore to original condition all property not
designated for alteration by the Contract Documents.
20.03 DESIGN/BUILDER shall not load nor permit any part of any structure to be
loaded in any manner that will endanger or damage the structure, nor shall
DESIGN/BUILDER subject any part of the Work or adjacent property to stresses or pressures
that will endanger or damage it.
ARTICLE 21
SAFETY AND PROTECTION
21.01 DESIGN/BUILDER shall be solely responsible for initiating, maintaining and
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supervising all safety precautions and programs in connection with the construction.
DESIGN/BUILDER shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
A. All persons on the Site or who may be affected by the construction;
B. All work and materials and equipment to be incorporated -therein,-whether in
storage on or off the Site; and
C. Other property at the Site or-adjacent thereto, including trees, shrubs, lawns,
_walks, pavements, roadways, structures, utilities.and underground facilities not
designated for removal, relocation or replacement in the course of.construction.
21.02 DESIGN/BUILDER shall comply with applicable laws and regulations of any
public body having jurisdiction for safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety
and protection. DESIGN/BUILDER shall notify .owners of adjacent property and of
underground facilities and utility owners when prosecution of the Work may affect them, and
shall cooperate with them in the protection, removal, relocation and. replacement_of their
property. All damage, injury or loss to any property caused, .directly or indirectly, .in whole
or in part, by DESIGN/BUILDER, any subcontractor, supplier or any other individual or
entity directly or indirectly employed by any of them to perform or furnish any of the work or
anyone for whose acts any of them may be-liable, shall be remedied by DESIGN/BUILDER.
DESIGN/BUILDER's duties and responsibilities for safety and for protection of the
construction shall continue until such time as all the work in completed and CITY has issued a
notice to DESIGNBUILDER in accordance with Section 12.09 that the work is acceptable
(except as otherwise expressly provided in connection with Substantial Completion).
21.03 Safety Representative. DESIGN/BUILDER shall designate a qualified and
experienced safety representative at the Site whose duties and responsibilities shall be the
prevention of accidents and the maintaining and supervising of safety precautions and
programs.
b ARTICLE 22
HAZARD COMMUNICATION PROGRAMS
22.01 DESIGN/BUILDER shall be responsible for coordinating any exchange of
material safety data sheets or other hazard communication information required to be made
available to or exchanged between or among employers at the Site in accordance with laws or
regulations.
ARTICLE 23
EMERGENCIES
23.01 In emergencies affecting the safety or protection of persons or the construction
or property at the Site or adjacent thereto, DESIGN/BUILDER, without special instruction or
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authorization from CITY, is obligated to act to prevent threatened damage, injury or loss.
DESIGN/BUILDER shall give CITY prompt written notice if DESIGN/BUILDER believes
that any significant changes in the construction or variations from the Contract Documents
have been caused thereby. If a change in the Contract Documents is required because of the
action taken by DESIGN/BUILDER in response to such an emergency a work change directive
or change order will be issued to document the consequences of such action.
ARTICLE 24
SUBMITTALS
24.01 CITY will review and approve submittals in accordance with the schedule of
required submittals accepted by CITY as required by the Contract Documents. CITY's review
and approval will be only to determine if the items covered by the submittals will, after
installation or incorporation in the construction, conform to the information given in the
Contract Documents and be compatible with the design concept of the completed project as a
functioning whole as indicated by the Contract Documents. CITY's review and approval will
not extend to means, methods, techniques, sequences or procedures of construction (except
where a particular means, method, technique, sequence or procedure of construction is
specifically and expressly called for by the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item, as such, will not
indicate approval of the assembly in which the item functions. DESIGN/BUILDER shall
make corrections required by CITY, and shall return the required number of corrected copies
of the required submittal for review and approval. DESIGN/BUILDER shall direct specific
attention in writing to revisions other than the corrections called for by CITY on previous
submittals.
24.02 CITY's review and approval of required submittals shall not relieve
DESIGN/BUILDER from responsibility for any variation from the requirements of the
Contract Documents unless DESIGN/BUILDER has in writing called CITY's attention to each
such variation oat the time of submission and CITY has given written approval of each such
variation by specific written notation thereof incorporated in or accompanying the submittal.
24.03 Where a submittal is required by the Contract Documents of related construction
provided prior to CITY's review and approval of the pertinent submittal will be at the sole
expense and responsibility of DESIGN/BUILDER.
ARTICLE 25
CONTINUING THE WORK
25.01 DESIGN/BUILDER shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with CITY. No Work shall be delayed or postponed
pending resolution of any disputes or disagreements, except as DESIGN/BUILDER and CITY
may otherwise agree in writing.
ARTICLE 26
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DESIGN/BUILDER'S GENERAL WARRANTY AND GUARANTEE
26.01 DESIGN/BUILDER hereby unconditionally guarantees the CITY that the Work
(including all services, labor and materials provided by Subcontractors, sub-subcontractors of
any tier, Vendors and Material Suppliers) shall strictly comply with the provisions of the
Contract Documents, including all Drawings and Specifications, and that the Work shall be
first-class in every particular and free from defects in construction and workmanship. The
DESIGN/BUILDER further guarantees that all materials, equipment and supplies furnished by
the DESIGN/BUILDER or by its Subcontractors, sub-subcontractor of any tier Vendors or
Material Suppliers for the Work shall be new, merchantable, of the most suitable grand and fit
for their intended purposes. Work not conforming to these requirements, including
substitutions no properly approved and authorized, shall be considered defective. Approval of
any material or Work at any time or stage of construction will not prevent its subsequent
rejection for cause. The DESIGN/BUILDER shall jointly assign all its rights and interests in
warranties of Vendors and Material Suppliers to the CITY and Owner upon Substantial
Completion in a fashion that meets the specifications of this Section.
26.02 DESIGN/BUILDER'S obligation to perform . and complete the Work in
accordance with the Contract Documents shall be absolute. None of the following will
constitute an acceptance of work that is not in accordance with the Contract Documents or a
release of DESIGN/BUILDER'S obligation to perform the Work in accordance with the
Contract Documents:
A. Observations by CITY;
B. The making of any progress or final payment;
C. The issuance of a certificate of substantial compliance;
D. Use or occupancy of the work or any part thereof by CITY;
E. Any acceptance by CITY or any failure to do so;
F. Any review and approval of a submittal;
G. Any inspection, test or approval by others; or
H. Any correction of defective construction by CITY.
The DESIGN/BUILDER guarantees set forth in this Article shall extent for a period of
twelve (12) months after the Date of Final Completion. The DESIGNBUILDER's warranty
obligation as stated herein shall survive termination of the Contract. The CITY shall provide all
notices of defects in writing promptly after discovery of defective conditions. The establishment
of the time period of twelve (12) months after the Date of Final Completion or such longer period
of time as may be prescribed by law or by the terms of any longer warranty required by the
Contract Documents relates only to the specific obligation of the DESIGNBUILDER to correct
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jmp/sample/design/February 20,1998
the work. Nothing contained in this Article shall be construed to establish a period of limitation
with respect to any other liabilities which the DESIGNBUILDER remains subject to under the
Contract Documents. Vendor and Material Supplier warranties are to have durations as set forth
in the Specifications, but in no event less than the period specified under this Section.
26.03 Without limitation of any other rights or remedies of the CITY, if any defect in
the Work in violation of the guarantees set forth above arises within twelve (12) months after
the Date of Final Completion, the DESIGN/BUILDER and its sureties shall upon receive of
written notice of such defect and demand to correct any such defective Work rejected by the
CITY or the Architect as failing to conform to the Contract Documents, at no cost to the
CITY, shall within three (3) days of receipt of notice of said defective work (unless others
agree to in writing by the CITY), furnish and provide all design and engineering, labor,
equipment, materials and other services at the site necessary to correct such defect and cause
the Work to comply fully with the foregoing guarantees. The DESIGN/BUILDER is obligated
to correct all such defects, whether these defects are discovered before or after the Date of
Final Completion, and whether or not the defective Work has been fabricated, installed or
I completed. Access to building's interior for corrective work shall be closely coordinated with
the CITY so as not to conflict with scheduled events taking place within. The
DESIGN/BUILDER shall obtain approved "Dark Days" from CITY prior to commencing
corrective measures of defective work. The DESIGN/BUILDER shall bear all costs of
correcting such rejected and defective Work, including access to the Work and removal and
replacement of non-defective Work which is needed in order to correct defective Work, and
also including compensation for the Architect's or Owner's Representative additional services
made necessary thereby.
26.04 In the event the DESIGN/BUILDER has been notified of any defect in the
Work in violation of the DESIGN/BUILDER'S foregoing guarantees, and in the event the
DESIGN/BUILDER fails to promptly and adequately correct such defect, the CITY shall have
the right to correct or to have such defects corrected or the account of the
DESIGN/BUILDER, and the DESIGN/BUILDER shall promptly pay the CITY its costs
incurred in correcting such defect.
26.05 The DESIGN/BUILDER warrants that title to all Work, materials and
equipment covered by an Application for Payment will pass to the Owner, either by
incorporation in the Work or upon the receipt of payment of such work by the
DESIGN/BUILDER, whichever occurs first, free and clear of all stop notices, claims, security
interests or encumbrances. The DESIGN/BUILDER further warrants that no Work, materials,
or equipment covered by an Application for Payment, whether acquired by the
DESIGN/BUILDER, or by any other person performing Work at the site or furnishing
materials and equipment for the Project, be subject to any stop notice or encumbrances
thereon. The DESIGN/BUILDER and its surety hereby agree to indemnify and hold all
indemnitees as defined in the Agreement harmless from and against any and all costs, expenses
including attorneys fees, damages, claims or liabilities in any way arising out of stop notices
relating to materials, equipment or services provided the DESIGN/BUILDER, Subcontractors,
sub-subcontractors and their respective Material Suppliers, Vendors, employees, agents or
25
jmp/sample/design/February 20,1998
representatives. It is expressly understood that the DESIGN/BUILDER'S obligations in this
respect begin immediately at the outset of any filing,•claim by correspondence or court
proceeding and without regard to a showing of DESIGN/BUILDER'S fault.
26.06 The DESIGN/BUILDER shall bear all costs incurred by the CITY or its
separate contractors resulting from the DESIGN/BUILDER's correction or removal of Work
which does not conform with the requirements of the Contract Documents. However, the
foregoing shall not contravene potential recovery of such costs under insurance coverage
afforded for any such loss or damage under the Insurance terms of Article 15.
26.07 The DESIGN/BUILDER's warranty excludes damages or defects solely caused
by modifications not executed by the DESIGN/BUILDER, improper or •insufficient
maintenance, improper operation by the CITY, or normal wear and tear under normal usage.
26.08 If the CITY prefers to accept defective or non-conforming Work, the CITY may
do so at it sole discretion instead of requiring removal and correction by the
DESIGN/BUILDER. In any such cases, a Change Order will be issued to reflect.a.reduction
in the Contract Price where appropriate and equitable. In the event that the final payment.has
been made or insufficient funds remain to permit offset by the CITY, the DESIGN/BUILDER
shall make prompt payment to the CITY of the amounts so determined.
26.09 The DESIGN/BUILDER'S guarantees, as set forth in this Article 26 (hereinafter
"Article 26 'Warranties"), are freely assignable to- Assignees by the CITY. The
DESIGN/BUILDER hereby agrees to honor the Article 26 Warranties to such Assignees.
Upon assignment of the CITY's Warranty Rights, the Assignee shall promptly notify the
DESIGN/BUILDER, in writing, of all discovered defects or defective conditions. In no event
will the CITY's assignment of its Warranty Rights alter either the scope of Warranty Period of
DESIGN/BUILDER'S Article 26 Warranties.
ARTICLE 27
PREVAILING WAGE
27.01 DESIGN/BUILDER shall pay at least the minimum prevailing per diem wages
as provided in Section 1773, et seq. of the Labor Code for each craft, classification or type of
workman required as set forth by the Director of Industrial Relations of the State of California.
ARTICLE 28
CHANGES IN THE WORK AND CLAIMS
28.01 In the event CITY requires additional services not included in the Contract
Documents, or changes in the scope of services described in the Contract Documents,
DESIGN/BUILDER will undertake such work after receiving written authorization from
CITY. Additional compensation for such extra work shall be allowed only if the prior written
approval of CITY is obtained.
28.02 DESIGN/BUILDER shall adhere strictly to the plans and specifications set forth
26
jmptsampietdesignlFebruary 20,1998
in the Contract Documents unless a change therefrom is authorized in writing by the CITY.
DESIGN/BUILDER agrees to make any and all changes, furnish materials and perform all
work necessary within the scope of the PROJECT as the CITY may require in writing. Under
no condition shall DESIGN/BUILDER make any changes without the written order of the
CITY, and CITY shall not pay any extra charges made by DESIGN/BUILDER that have not
been agreed upon in writing by the CITY.
28.03 When directed to change the work, DESIGN/BUILDER - shall - submit
immediately to the CITY a written Cost Proposal reflecting the effect of the change. Should
the CITY not agree to such cost proposal, the Work shall .be performed..according to the
changes ordered in writing by the CITY and the proper cost thereof.shall be negotiated by the
Parties upon cost and-pricing data submitted by the DESIGN/BUILDER; :thereupon;' CITY
will promptly issue an adjusted change order to'DESIGN/BUILDER and -the Contract Price
and/or Contract Time will be adjusted upward or downward accordingly.
28.04 Claims. The DESIGN/BUILDER may submit one or more claims in the form
of-Cost -Proposals for any requested adjustment in -the-..Contract :Price or. Contract Time
pursuant to the provisions of this Agreement. In such case, .the.DESIGN/BUILDER shall give
the CITY written notice within seven (7) calendar.days after it becomes aware of the event
giving rise to the Change Proposal. Thereafter the CITY shall have.a reasonable amount of
time after receipt of the claim to either confirm .or refute-the_basis-for the .Cost Proposal.
Failure to give the notice required by this section shall be deemed a waiver of the claim.
ARTICLE 29
TESTS AND INSPECTIONS CORRECTION, REMOVAL
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION
29.01 Notice of Defects. Prompt written notice of all defective construction of which
CITY has actual knowledge will be given to DESIGN/BUILDER by CITY. All defective
construction may be rejected, corrected or accepted as provided in this Article.
29.02 Access To Construction. CITY, CITY's consultants, other representatives and
personnel of CITY, independent testing laboratories and governmental agencies with
jurisdictional interests will have access to the construction at the site at reasonable times for
their observation, inspection and testing. DESIGN/BUILDER shall provide them proper and
safe conditions for such access and advise them of DESIGN/BUILDER'S site safety procedures
and programs so that they may comply therewith as applicable.
29.03 Tests And Inspections.
A. If the Contract Documents, laws or regulations of any public body having
jurisdiction require any part of the construction specifically to be inspected,
tested or approved, DESIGN/BUILDER shall assume full responsibility for
arranging and obtaining such inspections, tests or approvals, pay all costs in
connection therewith and furnish CITY the required certificates of inspection or
27
jmp/sample/design/February 20.1998
approvals. DESIGN/BUILDER shall also be responsible for arranging and
obtaining and shall pay all costs in connection with any inspections, tests or
approval required for CITY's acceptance of materials or equipment to be
incorporated in the construction or of materials, mix designs, or equipment
submitted for approval prior to DESIGN/BUILDER'S purchase thereof for
incorporation in the construction.
B. DESIGN/BUILDER shall give CITY reasonable notice of the planned schedule
for all required inspections, tests or approvals.
C. If any construction (or the construction work of others) that is required to be
inspected, tested or approved is covered by DESIGN/BUILDER without written
concurrence of CITY, the Work must, if requested by CITY,.be uncovered for
observation at DESIGN/BUILDER'S expense unless DESIGN/BUILDER has
given CITY timely notice of DESIGN/BUILDER's intention to cover the same
and CITY has not acted with reasonable promptness in response to such notice.
29.04 Uncovering Construction.
A. If any construction is covered contrary to the written request of CITY or
without inspection, it must, if requested by CITY, be uncovered for CITY's
observation and recovered at DESIGN/BUILDER's expense.
B. If CITY considers it necessary or advisable that covered construction be
observed by CITY or inspected or tested by others, DESIGN/BUILDER, at
CITY's request, shall uncover, expose or otherwise made available for
observation, inspection or testing as CITY may require, that portion of the
construction in question, furnishing all necessary labor, material and equipment.
If it is found that such construction is defective, DESIGN/BUILDER shall pay
all costs and damages caused by or resulting from such uncovering, exposure,
observation, inspection and testing and of satisfactory replacement or rework,
(including but not limited to all fees and charges of engineers, architects,
attorneys and other professional, all court or arbitration or other dispute
resolution costs, and all costs of repair or replacement of work of others); and
CITY shall be entitled to an appropriate decrease in the Contract Price, and, if
the parties are unable to agree as to the amount thereof, may make a claim
therefor as proved herein. If, however, such construction is not found to be
defective, DESIGN/BUILDER shall be allowed an increase in the Contract
Price or an extension of the Contract Time (or milestones), directly attributable
to such uncovering, exposure, observation, inspection, testing, replacement and
rework; and, if the Parties are unable to agree as to the amount or extent
thereof, DESIGN/BUILDER may make a claim therefor as provided herein.
29.05 City May Stop the Construction. If the construction is defective, or
DESIGN/BUILDER fails to supply sufficient skilled workers or suitable materials or
28
Jmp/sample/desigrUFebruary 20,1998
equipment, or fails to furnish or perform the construction in such a way that the completed
construction will conform to the Contract Documents, CITY may order DESIGN/BUILDER
to stop construction or any portion thereof, until the cause.for such order has been eliminated;
however, this right of CITY to stop construction will not-give rise to any duty on the part of
CITY to exercise this right for the benefit of DESIGN/BUILDER or any other party.
29.06 -Correction Or Removal Of Defective Construction. CITY -will -have
authority to disapprove or reject defective construction and will have authority.to require
special inspection or testing of the construction whether or not the construction is fabricated,
installed or completed. If required by CITY, DESIGN/BUILDER shall promptly,.as directed,
either correct all defective construction whether or not fabricated,-installed or completed, or, if
the construction has been rejected by CITY, remove it from the site and replace it with
nondefective construction. DESIGN/BUILDER shall bear all direct, indirect and
consequential costs of such correction or removal (including but not limited to fees and charges
of engineers, architects, attorneys and other professionals) made necessary thereby.
29.07 Correction Period.
A. If within one year after the date of Substantial Completion or such-longer period
of time as may be prescribed by laws or regulations or by.the terms of any
applicable special guarantee required by the Contract Documents -or by any
specific provisions of the Contract Documents, any construction is found to be
defective, DESIGN/BUILDER shall promptly,- without cost to'- CITY- and in
accordance with CITY's written instructions, (i) correct such defective
construction, or if it has been rejected by CITY, remove it from the site and
replace it with construction that is not defective, and (ii) satisfactorily correct or
remove and replace any damage to other construction or the work of other
resulting therefrom. If DESIGN/BUILDER does not promptly comply with the
terms of such instruction, or in an emergency where delay would cause serious
risk of loss or damage, CITY may have the defective construction corrected or
the rejected construction removed and replaced, and all costs and damages
caused by or resulting from such removal and replacement (including but not
limited to all fees and 'charges of engineers, architects, attorneys and other
' professionals, all court or arbitration or other dispute resolution costs, and all
costs of repair or replacement of work of others), will be paid by
DESIGN/BUILDER.
B. In special circumstances where a particular item of equipment is placed in
continuous service before Substantial Completion of all the construction, the
correction period for that time may start to run from an earlier date if so
provided in the specifications or by written amendment.
C. Where defective work (and damage to other construction resulting therefrom)
has been corrected, removed or replaced under this Section, the correction
period hereunder with respect to such construction will be extended for an
29
jmp/sample/desigNFebruary 20,1998
additional period of one year after such correction or removal and replacement
has been satisfactorily completed.
29.08 Acceptance of Defective Construction. If, instead of requiring correction or
removal and replacement of defective construction, CITY prefers to accept it, CITY may do
so. DESIGN/BUILDER shall pay all costs attributable to CITY's evaluation of and
determination to accept such defective construction (such costs to include but not be limited to
all fees and charges of engineers, architects, attorneys and other professionals and all court or
arbitration or other dispute resolution costs). If any such acceptance occurs prior to final
payment, a change order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the construction; and CITY shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof,
CITY may make a claim therefor as provided herein. If.the acceptance occurs after final
payment, an appropriate amount will be paid by DESIGN/BUILDER to CITY.
29.09 City May Correct Defective Construction. If DESIGN/BUILDER fails
within a reasonable time after written notice from CITY to correct defective construction or to
remove and replace rejected construction as required by CITY or if DESIGN/BUILDER fails
to perform the construction in accordance with the Contract Documents, or if
DESIGN/BUILDER fails to comply with any other provision of the Contract Documents,
CITY may, after seven days written notice to DESIGN/BUILDER, correct and remedy any
such deficiency. In exercising the rights and remedies under this Section CITY shall proceed
expeditiously. In connection with such corrective and remedial action, CITY may.exclude
DESIGN/BUILDER from all or part of the site, take possession of all or part of the
construction, and suspend DESIGN/BUILDER's services related thereto, take possession of
DESIGN/BUILDER's tools, appliances, construction equipment and machinery at the site and
incorporate in the construction all materials and equipment it stored at the site or for which
CITY has paid DESIGN/BUILDER but which are stored elsewhere. DESIGN/BUILDER
shall allow CITY, CITY's representative, agents and employees, CITY's other contractors
and consultants access to the site to enable CITY to exercise the rights and remedies under this
Section. All costs and damages incurred or sustained by CITY in exercising such rights and
remedies shall be charged against DESIGN/BUILDER and a change order will be issued
incorporating the necessary revisions in the Contract Documents and CITY shall be entitled to
an appropriate decrease in the contract price, and, if the parties are unable to agree as to the
amount thereof, CITY may make a claim therefor as provided herein. Such costs and damages
will include but not be limited to all fees and charges of engineers, architects, attorneys and
other professionals, all court or arbitration or other dispute resolution costs and al costs of
repair or replacement of work of others destroyed or damaged by correct, removal or
replacement of DESIGN/BUILDER's defective construction. DESIGN/BUILDER shall not be
allowed an extension of the contract times (or milestones) because of any delay in the
performance of the construction attributable to the exercise by CITY of CITY's rights and
remedies hereunder.
29.10 Final Inspection. Upon written notice from DESIGN/BUILDER that the entire
construction or an agreed portion thereof is complete, CITY will make a final inspection with
30
jmp/sample/design/February 20,1998
DESIGN/BUILDER and will notify DESIGN/BUILDER in writing of all particulars in which
this inspection reveals that the construction is incomplete or defective. DESIGN/BUILDER
shall immediately take such measures as are necessary to complete such construction or
remedy such deficiencies.
ARTICLE 30
INDEPENDENT DESIGN/BUILDER
30.01 DESIGN/BUILDER is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor. DESIGN/BUILDER shall secure at its.expense,
and be responsible for any and all payment of all taxes, .social security, state disability
insurance compensation, unemployment compensation and other payroll deductions for
DESIGN/BUILDER and its officers, agents and employees and all business licenses, if any, in
connection with the services to be performed hereunder.
ARTICLE 31
TERMINATION OF AGREEMENT
31.01 All Work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate DESIGN/BUILDER'S services hereunder at any time, with or
without cause, and whether or not the Project is fully complete. .Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
DESIGN/BUILDER as provided herein.
31.02 In the event of termination for convenience, the DESIGN/BUILDER will be
compensated for the reasonable value of the Work performed prior to the termination. In the
event the DESIGN/BUILDER defaults or persistently fails or neglects to carry out the Work in
accordance with the Contract Documents, CITY may give written notice that CITY intends to
terminate the performance of the Work. If the DESIGN/BUILDER fails to correct the failure
of performance within seven (7) calendar days after being given notice, the Owner may,
without prejudice to any other remedy, correct such deficiencies and may deduct the cost
thereof from any payment due the DESIGN/BUILDER or, at the Owner's option, may
terminate the employment of the DESIGN/BUILDER and take position of the site and of all
materials located on the site as well as all drawings, plans and specifications and finish the
Work by whatever means the CITY may deem expedient. When the Owner terminates the
DESIGN/BUILDER for default as provided for herein, the DESIGN/BUILDER shall not be
entitled to receive further payment until the Work is finished. If the expense of finishing the
Work exceeds the unpaid balance of the Contract Price, the DESIGN/BUILDER and its surety
shall pay the difference to the CITY.
ARTICLE 32
DISPUTE RESOLUTION
32.01 Any dispute which cannot be resolved between the Parties shall be resolved
31
jmp/sample/desigrVFebruary 20.1998
through litigation in a court of competent jurisdiction (i.e., Superior or Municipal) of the State
of California. Venue for any such litigation concerning this Agreement shall be the County of
Orange. The Parties hereby consent to the jurisdiction of such court and expressly waive all
rights they may have to a change of venue including, but 'not limited to, the provisions of
California Code of Civil Procedure Section 394. DESIGN/BUILDER agrees to incorporate
the provisions of this Article into all subagreements and subcontracts and to .obtain express
waives from all subcontractors and subconsultants of rights concerning change of venue.
ARTICLE 33
ASSIGNMENT AND SUBCONTRACTING
33.01 DESIGN/BUILDER shall not sell, assign, transfer; convey or..encumber this
Agreement, or any part hereof, or any right or duty created herein; without the prior written
consent of CITY and the surety.
ARTICLE 34
I COPYRIGHTS/PATENTS
34.01 CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
ARTICLE 35
CITY EMPLOYEES AND OFFICIALS
35.01 DESIGN/BUILDER shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of applicable provisions
of law.
ARTICLE 36
NOTICES
36.01 Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to DESIGN/BUILDER's agent (as
designated in Section 1 hereinabove) or to CITY's Director of as the situation
shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing
the same in the United States Postal Service, addressed as follows:
TO CITY: TO DESIGN/BUILDER:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
32
jmp/sample/design/February 20,1998
ARTICLE 37
CAPTIONS
37.01 Captions of the section of this Agreement ate for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or
aid in the interpretation, construction or meaning of the provisions of this Agreement.
ARTICLE 38
IMMIGRATION
38.01 DESIGN/BUILDER shall be responsible for full .compliance with the
immigration and naturalization laws of the United States and shall,:in particular, comply with
the provisions of the United States Code regarding employment verification.
ARTICLE 39
LEGAL SERVICES SUBCONTRACTING PROHIBITED
39.01 DESIGN/BUILDER and CITY agree that CITY is not liable-for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. DESIGN/BUILDER understands that pursuant
to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
DESIGN/BUILDER.
ARTICLE 40
ATTORNEY'S FEES
40.01 In the event suit is brought by either party to enforce the terms and provisions
of this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
ARTICLE 41
s
SEVERABILITY
41.01 In the event any provision of this Agreement and/or the Contract Documents
shall be deemed illegal, invalid, unenforceable and/or void by a court of competent jurisdiction
for any other governmental agency of competent jurisdiction, such provision shall be deemed
to be severed and deleted from the Contract Documents, and all remaining provisions hereof
shall, in other respects, continue in full force and effect.
ARTICLE 42
PROVISION REQUIRED BY LAW DEEMED INSERTED
42.01 Each and every provision and clause required by law to be inserted in the
Contract Documents shall be deemed to be inserted herein and the Contract Documents shall
33
imp/sample/design/February 20,1998
be read and enforced as though such provision or clause is included herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
DESIGN/BUELDER: CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
By:
print name
ITS: (circle one) Chairman/President/Vice Mayor
President
ATTEST:
AND
City Clerk
By:
APPROVED AS TO FORM:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer 8- City
y Attorney -5�z1�s 11g
License Number: INITIATED AND APPROVED:
Expiration Date:
Chief of Police
REVIEWED AND APPROVED:
City Administrator
3
34
jmplsampleldesigNFebruary 20.1998
DESIGNMELD AGREEMENT
TABLE OF CONTENTS
Page(s)
ARTICLE 1 WORK STATEMENT.........................................................................................1
ARTICLE 2 CONTRACT DOCUNIENTS..............................................:................................2
ARTICLE 3 OWNER'S DUTIES AND RESPONSIBILITIES................................................3
ARTICLE 4 TIME OF PERFORMANCE ..............................................................................3
ARTICLE 5 CONTRACT PRICE............................................................................................4
ARTICLE 6 PAYMENT AND COMPLETION.......................................................................4
ARTICLE 7 PROJECT DOCUMENTS .................................................................................4
ARTICLE 8 DESIGNBUILDER REPRESENTATIONS AND RESPONSIBILITIES ...........4
ARTICLE 9 DESIGN PHASE SERVICES..............................................................................4
ARTICLE 10 CONSTRUCTION PHASE SERVICES..............................................................4
ARTICLE 11 OPERATIONAL PH.aSE....................................................................................4
ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS..........................................4
ARTICLE13 BONDS...............................................................................................................4
ARTICLE 14 INDEMNIFICATION. ........................................................................................4
ARTICLE15 INSURANCE......................................................................................................4
AR3:ICLE 16 PATENT FEES AND ROYALTIES....................................................................4
ARTICLE17 PERMITS............................................................................................................4
ARTICLE 18 LAWS AND REGULATIONS ...........................................................................4
ARTICLE19 TAXES................................................................................................................4
ARTICLE 20 USE OF SITE AND OTHER AREAS .................................................................4
ARTICLE 21 SAFETY AND PROTECTION............................................................................4
ARTICLE 22 HAZARD COMMUNICATION PROGRAMS....................................................4
• i
ARTICLE23 EMERGENCIES.................................................................................................4
ARTICLE 24 SUBMITTALS....................................................................................................4
ARTICLE 25 CONTINUING THE WORK...............................................................................4
ARTICLE 26 -DESIGN/BUILDER'S GENERAL WARRANTY AND GUARANTEE..............4
ARTICLE 27 PREVAILNG WAGE.....................................................................26
ARTICLE 28 CHANGES IN THE WORK AND CLAIMS .......................................................4
ARTICLE 29 TESTS AND INSPECTIONS CORRECTION. REMOVAL ...............................4
OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION
ARTICLE 30 INDEPENDENT DESIGNBUILDER.................................................................4
ARTICLE 31 TERMINATION OF AGREEMENT...................................................................4
ARTICLE 32 DISPUTE RESOLUTION...................................................................................4
ARTICLE 33 ASSIGNMENT AND SUBCONTRACTING......................................................4
ARTICLE 34 COPYRIGHTS/PATENTS...............................:..................................................4
ARTICLE 35 CITY EMPLOYEES AND OFFICIALS..............................................................4
ARTICLE36 NOTICES............................................................................................................4
ARTICLE 37 CAPTIONS .........................................................................................................4
ARTICLE 3 8 IMMIGRATION..................................................................................................4
ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED.................................4
ARTICLE 40 ATTORNEY'S FEES..........................................................................................4
ARTICLE 41 SEVERABILITY.................................................................................................4
ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED...............................4
ii
ATTACHMENT "E"
Environmental Unit Cost Matrix
Item Unit Qty. Unit Cost
Price
Soils Excavation,Protection,Stockpiling,Loading for Ton 200
impacted soils(i.e.beyond base necessary for system
removal at a 1.5 T per c. .basis
Incremental addition or subtraction for impacted soils Ton Per
excavation plus or minus 200 tons as indicated above Unit
Incremental cost for compacted new backfill in place of Ton Per
impacted soils plus or minus base 200 tons). Unit
Analytical-Method 8015/8020 modified for gasoline and Ea.
diesel*
MTBE(Method 8020 verified via 8260)* Ea.
TRPH(Method 418.1)* Ea.
Total Lead(Method 7420)* Ea.
Semi-VOC(Method 8260)* Ea.
1
Waste Profile TCLP Metals,Organics(w/o pesticides or Ea.
herbicides),Reactivity,Ignitability,Corrosivi *
Closure Report and assessment per agency requirements with L.S.
photographic documentation
Transportation&Recycle to TPS Ton 200
Incremental Cost(plus or minus)T&R to TPS Ton Per
Unit
ENVIRONMENTAL-CLOSURE SUBTOTAL
ALTERNATIVE#2-Transportation&Disposal to Class II Ton 200
approved landfill
ALTERNATIVE#3-Incremental Cost(plus or minus) Ton Per
T&D Class II Landfill Unit
Water Samples Ea. Per
Unit
Water Disposal Gallons Per
Unit
* Quantity based on agency standard quantities for scope as outlined. Contractor to indicate proposed
quantities in "Qty."column.No samples included in base bid.
ATTACHMENT "F"
CITY PROVIDED EQUIPMENT
The following is the list of the materials and quantities required to be purchased
by the City and installed by the contractor :
SITE A : CITY YARD
Tanks
Joor"Plasteel" double wall steel, composite. (8 total required). Tanks to be
fabricated with (4) 4" fittings on 8" radius inside 43" containment collar.
Unleaded and diesel tanks to have two collars each. Remaining tanks to have
one collar. Sizes in gallons: (1) 15,000 unleaded; (1) 12,000 diesel; (1) 2,000
waste oil; (1) 1,000 motor oil; (4) 550 oils and service fluids.
' Pumps
Red-Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required)
Icrank#1131-005 Tiger 500 piston-type oil pump set (5 required)
Dispensers
Gasbov twin hose. (2) diesel #9153AXTW1; (2) unleaded #9152AXTW1
Tank containment sumps
American Containment#OCT-48 (10 required)
Monitor system
Veeder-Root model #TLS-350R with the following sensors, probes, and
accessories :
Magnetostrictive Probe (Mag 1)#847390-108 (2 required)
Magnetostrictive Probe (Mag 1)#847390-104 (1 required)
Magnetostrictive Probe (Mag 1)#847390-101 (5 required)
Sump Leak Sensor#794380-208 (10 required)
.Tank Annulus Leak Sensor#794390-420 (8 required)
Probe Cap And Ring Kits #312020-952 (8 required)
Float Installation Kits - gasoline#849600-000 (1 required); diesel #849600-001
(1 required); oils #849600-002 (6 required)
Under dispenser containment pans
Bravo Systems, Inc. #2635-3 with BSMYE4 - diesel, (2 required); #2635-3 with
BSMYE4, BS131 Bracket, BSB1 set, (2 required)
Card reader system
Gasbgy 2 card system, user programmable cards, (2) island terminals
Tank fill boxes
CNI Manufacturing
#36-21-H (7 required)
#36-05-H (1 required)
#7045 (2 required)
#7029-(8 required)
SITE B : PARKS YARD
Tanks
Joor"Plasteel" double wall steel, composite. (3 total required). Tanks to be
fabricated with (4) 4"fittings on 8" radius inside 43" containment collar.
Unleaded and diesel tanks to have two collars each. Waste oil tank to have one
collar. Sizes in gallons: (1) 10,000 unleaded; (1) 5,000 diesel; (1) 550 waste oil.
Pumps
' wed-Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required)
Dispensers
Gasbgy twin hose. (1) diesel #9153AXTW1; (1) unleaded #9152AXTW1
Tank containment sumps
American Containment#OCT-48 (5 required)
Monitor system
Veeder-Root model #TLS-350R with the following sensors, probes, and
accessories :
Magnetostrictive Probe (Mag 1) #847390-108 (2 required)
Magnetostrictive Probe (Mag 1) #847390-101 (5 required)
Sump Leak Sensor#794380-208 (5 required)
Tank Annulus Leak Sensor#794390-420 (3 required)
Probe Cap And Ring Kits #312020-952 (2 required)
Float Installation Kits - gasoline #849600-000 (1 required); diesel #849600-001
(1 required); waste oil #849600-002 (1 required)
Under dispenser containment pans
Bravo Systems. Inc. #2635-3 with BSMYE4 - diesel, (1 required); #2635-3 with
BSMYE4, BS131 Bracket, BSB1 set, (1 required)
Card reader system
Gasboy 2 card system, user programmable cards, (1) island terminal
Tank fill boxes
CNI Manufacturing
#36-21-H (2 required)
#36-05-H (1 required)
#7045 (2 required)
#7029 (3 required)
SITE C : GOTHARD FIRE STATION
Tanks
Joor"Plasteel" double wall steel, composite. (2 total required). Tanks to be
fabricated with (4) 4" fittings on 8" radius inside 43" containment collar.
Unleaded and diesel tanks to have two collars each. Sizes in gallons: (1) 4,000
unleaded; (1) 2,000 diesel.
Pumps
Red-Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required)
Dispensers
Gasboy twin hose. (1) diesel #9153AXTW1; (1) unleaded #9152AXTW1
Tank containment sumps
American Containment#OCT-48 (4 required)
Monitor system
Veeder-Root model #TLS-350R with the following sensors, probes, and
accessories :
Magnetostrictive Probe (Mag 1) #847390-104 (2 required)
Sump Leak Sensor#794380-208 (4 required)
Tank Annulus Leak Sensor#794390-420 (2 required)
Probe Cap And Ring Kits #312020-952 (2 required)
Float Installation Kits - gasoline #849600-000 (1 required); diesel #849600-001
(1 required).
Under dispenser containment pans
Bravo Systems.,Inc. #2635-3 with BSMYE4 - diesel, (1 required); #2635-3 with
BSMYE4, BS131 Bracket, BSB1 set, (1 required)
Card reader system
Gasboy 2 card system, user programmable cards, (1) island terminal
Tank fill boxes
CNI Manufacturing
#36-21-H (1 required)
#36-05-H (1 required)
#7045 (2 required)
#7029 (2 required)
SITE D : MURDY FIRE STATION
Remove existing tank, piping, and dispenser. No replacement.
SITE E : WARNER FIRE STATION
Tanks
Joor"Plasteel" double wall steel, composite. (2 total required). Tanks to be
fabricated with (4) 4" fittings on 8" radius inside 43" containment collar.
Unleaded and diesel tanks to have two collars each. Sizes in gallons: (1) 6,000
unleaded; (1) 2,000 diesel.
Pumps
Red-Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required)
Dispensers
Gasboy twin hose. (1) diesel #9153AXTW1; (1) unleaded #9152AXTW1
Tank containment sumps
American Containment#OCT-48 (4 required)
Monitor system
Veeder-Root model #TLS-350R with the following sensors, probes, and
accessories :
Magnetostrictive Probe (Mag 1) #847390-106 (1 required)
Magnetostrictive Probe (Mag 1) #847390-104 (1 required)
Sump Leak Sensor#794380-208 (4 required)
Tank Annulus Leak Sensor#794390-420 (2 required)
Probe Cap And Ring Kits #312020-952 (2 required)
Float Installation Kits - gasoline #849600-000 (1 required); diesel #849600-001
(1 required).
Under dispenser containment pans
Bravo Systems. Inc. #2635-3 with BSMYE4 - diesel, (1 required); #2635-3 with
BSMYE4, BS131 Bracket, BSB1 set, (1 required)
Card reader system
Gasboy 2 card system, user programmable cards, (2) island terminals
Tank fill boxes
CNI Manufacturing
#36-21-H (1 required)
#36-05-H (1 required)
#7045 (2 required)
#7029 (2 required)
SITE F : FIRE TRAINING FACILITY
Tank
Joor "Plasteel" double wall steel, composite. Tank to be fabricated with (4) 4"
fittings on 8" radius inside 43" containment collar. Tank to have one collar.
Size in gallons: (1) 1,000 fuel mixture.
Pump
Red-Jacket 3/4 h.p., submersible turbine. #AGP75S1
ti
Tank containment sump
American Containment#OCT-48 (1 required)
Monitor system
Veeder-Root model #TLS-350R with the following sensors, probes, and
accessories :
Magnetostrictive Probe (Mag 1) #847390-101 (1 required)
Sump Leak Sensor#794380-208 (1 required)
Tank Annulus Leak Sensor#794390-420 (1 required)
Probe Cap And Ring Kits #312020-952 (1 required)
Float Installation Kits - gasoline#849600-000 (1 required).
Tank fill boxes
CNI Manufacturing
#36-21-H (1 required)
#7029 (1 required)
SITE G : CIVIC CENTER
Upgrade existing systems as follows:
Unleaded tanks - Install double wall piping, tank top containment sumps,
new dispensers with containment pans, spill containment fill boxes, overfill
prevention devices, certify existing monitor system is functional, install
new monitor system if necessary.
Diesel tank- Install interior tank lining system, overfill prevention device,
certify existing monitor system is functional, install new monitor system if
necessary. Certify existing cathodic protection system is functional, repair
or replace as necessary.
Pumps
Red-Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required)
Dispensers
Gasbov twin hose. (2) unleaded #9152AXTW1
Tank containment sumps
American Containment#OCT-48 (6 required)
Monitor system (If necessary)
Veeder-Root model #TLS-350R with the following sensors, probes, and
accessories :
Magnetostrictive Probe (Mag 1) #847390-106 (3 required)
Sump Leak Sensor#794380-208 (6 required)
Probe Cap And Ring Kits #312020-952 (3 required)
Float Installation Kits - gasoline#849600-000 (2 required); diesel #849600-001
(1 required).
Under dispenser containment pans
Bravo Systems. Inc. #2635-3 with BSMYE4, BSB1 Bracket, BSB1 set, (2
required)
Card reader system
GasboX 2 card / Fuel-Point passive fueling system, user programmable cards,
(1) island terminal.
Tank fill boxes
CNI Manufacturing
#36-21-H (1 required)
#36-05-H (2 required)
#7045 (3 required)
#7029 (3 required)
SITE H : LAKE FIRE STATION
Tank
Joor"Plasteel" double wall steel, composite. Tank to be fabricated with (4) 4"
fittings on 8" radius inside 43" containment collar. Tank to have two collars.
Size in gallons: (1) 4,000 diesel.
Pump
Red-Jacket 3/4 h.p., submersible turbine. #AGP75S1
Dispenser
Gasbgy single hose. (1) diesel #9153AX
Tank containment sumps
American Containment#OCT-48 (2 required)
Monitor system
Veeder-Root model #TLS-350R with the following sensors, probes, and
accessories :
Magnetostrictive Probe (Mag 1) #847390-104 (1 required)
Sump Leak Sensor#794380-208 (2 required)
Tank Annulus Leak Sensor#794390-420 (1 required)
Probe Cap And Ring Kits #312020-952 (1 required)
Float Installation Kits - diesel #849600-001 (1 required)
Under dispenser containment pan
Bravo Systems. Inc. #2635-3 with BSMYE4 - diesel, (1 required)
Card reader system
Gasbgy 2 card system, user programmable cards, (1) island terminal
Tank fill boxes
CNI Manufacturing
#36-21-H (1 required)
#7045 (1 required)
#7029 (1 required)
SITE J : BEACH YARD
Tanks
Joor"Plasteel" double wall steel, composite. (3 total required). Tanks to be
fabricated with (4) 4"fittings on 8" radius inside 43" containment collar.
Unleaded and diesel tanks to have two collars each. Waste oil tank to have one
collar. Sizes in gallons: (1) 5,000 unleaded; (1) 2,000 diesel; (1) 550 waste oil.
Pumps
Red-Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required)
Dispensers
Gasbov twin hose. (1) diesel #9153AXTW1; (1) unleaded #9152AXTW1
Tank containment sumps
American Containment#OCT-48 (5 required)
Monitor system
Veeder-Root model #TLS-350R with the following sensors, probes, and
accessories :
Magnetostrictive Probe (Mag 1) #847390-104 (2 required)
Magnetostrictive Probe (Mag 1) #847390-101 (1 required)
Sump Leak Sensor#794380-208 (5 required)
Tank Annulus Leak Sensor#794390-420 (3 required)
Probe Cap And Ring Kits #312020-952 (3 required)
Float Installation Kits - gasoline#849600-000 (1 required); diesel #849600-001
(1 required); waste oil #849600-002 (1 required)
Under dispenser containment pans
Bravo Systems. Inc. #2635-3 with BSMYE4 - diesel, (1 required); #2635-3 with
y BSMYE4, BSB1 Bracket, BSB1 set, (1 required)
Card reader system
Gasboy 2 card system, user programmable cards, (2) island terminals
Tank fill boxes
CNI Manufacturing
#36-21-H (2 required)
#36-05-H (1 required)
#7045 (2 required)
#7029 (3 required)
WATER OPERATIONS (suggestions)
Tanks
Joor "Plasteel" double wall steel, composite. (2 total required). Tanks to be
fabricated with (4) 4"fittings on 8" radius inside 43" containment collar.
Unleaded and diesel tanks to have two collars each. Sizes in gallons: (1) 12,000
unleaded; (1) 12,000 diesel.
Pumps
Red-Jacket 3/4 h.p., submersible turbines. #AGP75S1 (2 required)
Dispensers
Gasboy twin hose. (1) diesel #9153AXTW1; (1) unleaded #9152AXTW1
Tank containment sumps
American Containment#OCT-48 (4 required)
Monitor system
Veeder-Root model #TLS-350R with the following sensors, probes, and
accessories
Magnetostrictive Probe (Mag 1) #847390-108 (2 required)
Sump Leak Sensor#794380-208 (4 required)
Tank Annulus Leak Sensor#794390-420 (2 required)
Probe Cap And Ring Kits #312020-952 (2 required)
Float Installation Kits - gasoline #849600-000 (1 required); diesel #849600-001
(1 required).
Under dispenser containment pans
Bravo Systems. Inc. #2635-3 with BSMYE4 - diesel, (1 required); #2635-3 with
BSMYE4, BSB1 Bracket, BSB1 set, (1 required)
Card reader system
Gasboy 2 card system, user programmable cards, (1) island terminal
Tank fill boxes
CNI Manufacturing
#36-21-H (1 required)
#36-05-H (1 required)
#7045 (2 required)
#7029 (2 required)
hbmatl3
ATTACHMENT "G"
CITY OF HUNTINGTON BEACH
Underground Storage Tank Removal/Replacement Schedule
May June I July August September October
Task Name Start Finish 26 3 10 17 24 31 7 1 14 121 128 5 12 19 26 2 9 16 23 30 6 13 20 27 4 11 18
PACKAGE 1 5/1/98 10/22/98
Slte A-City Yard 511/98 9122198
Plans&Specifications 5/1/98 7/1/98
Agency Submittals 6/15/98 7/15/98
Construction 7/15/98 9/22/98
Site 8-Parks Yard 5/1/98 10/22/98
i I i
Plans&Specifications 5/1/98 7/1/98
Agency Submittals 6/15/98 7/15/98
Construction 9/21/98 10/22/98
i
i
I � I
I � I
I I �
Task Summary Rolled Up Progress
Project,City of Huntington Beach Progress Rolled Up Task
Date,3/2/98
Milestone ♦ Rolled Up Milestone 0
Page 1
CITY OF HUNTINGTON BEACH
Underground Storage Tank Removal/Replacement Schedule
May June Jul August September October
Task Name Start Finish 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 4 11 18
PACKAGE III 511198 10/23/98
Site G-Civic Center 511198 10/23/98
Plans&Specifications 5/1/98 7/1/98
Agency Submittals 6/15/98 7/15/98 i
Construction 9/23/98 10/23/98
Site H-Lake Fire Station 5118198 8114198
Plans&Specifications 5/18/98 6/29/98
Agency Submittals 6/15/98 7/15/98
i
Construction 7/15/98 8/14/98
PACKAGE IV 6/29/98 9/21/98
Site J-Beach Yard 6129198 9121198
i
Plans&Specifications 6/29/98 8/10/98
Agency Submittals 7/27/98 8/24/98
Construction 8/24198 9/21/98 j
Task Summary Rolled Up Progress
Project:City of Huntington Beach Progress Rolled Up Task
Date:3/2/98
Milestone ♦ Rolled Up Milestone 0
Page 3
1
1
1 -
1
P • R • 0 • P • 0 - S • A • L
1 to prov'de
Design/Build Services for Underground Storage Tank
1 Removal and Replacement Project
Prepared for the
City of Huntington Beach
Department of Public Works
April 1. 1998
1
1
1
1
1
1 -
ZNT
' TAIT 3 ASSOCIATES,INC.
CONSULTING ENGINEERS Civil • Planning • Surveying • Environmental
1 April I, 1998
Mr. Eric Charlonne
Engineering Division
CITY OF HUNTINGTON BEACH
Department of Public Works
' 2000 Main Street
Huntington Beach. CA 92648
' RE: PROPOSAL TO PROVIDE PROFESSIONAL DESIGN /BUILD SERVICES FOR THE
UNDERGROUND STORAGE 'TANK REMOVAL AND REPLACEMENT PROJECT.
Dear Mr. Charlonne:
Tait & Associates, Inc. (TAIT) is pleased to present this proposal to provide professional design / build
' services to the City of Huntington Beach (the City). Established in 1964,TAIT is a pioneer in the field of
petroleum storage and distribution systems design and construction. As a licensed General Contractor
(CA Lic. n588098)and ENR"Top 500 Engineering firm,TAIT is capable of providing,all of the
resources necessary to complete the above referenced project.
' The United States Environmental Protection Agency EPA established December 22 1998, as the
' deadline to bring all Underground Storage Tank (UST)and piping systems up to current regulatory
standards. TAIT has been instrumental in this mandate to modernize UST systems by providing well-
engineered solutions for storing and dispensing petroleum- In fact, TAIT has designed and constructed
hundreds of UST removal and replacement projects during the past five years. Many of the facilities
' serve regional transportation districts that operate municipal vehicles and large bus fleets with unique
needs. These needs relate to operations. fill times, safety and regulatory requirements, as well as the
capital and life cycle cost of facilities. TAIT has addressed each of these critical issues in the past and
' will do so as well for the City.
TAIT will offer the services of Mr. Jim Streitz as Project Manager for this engagement. Mr- Streitz has
' over 10 years of experience in the field of fuel facility°construction and maintenance for both
government agencies and private enterprises. He is a licensed General Contractor and has supervised the
removal and replacement of over 100 USTs in the past five years.
' Mr. Tracy Letzring, PE, REA, will serve as the Engineering Manager for this project. Mr. Letzring has
more than 15 years of engineering and design experience which has involved industrial and
' petrochemical facilities, as well as fuel faciliiv and distribution systems for major oil companies.
regional transportation agencies and municipalities. He is a Registered Civil Engineer and has managed
the engineering, design and construction of store than 45 UST removal and replacement projects during
' the past five years. TAIT is confident in his ability to provide the City with the plans, specifications and
estimates that are needed to remove and replace the City's USTs.
' 1100 Town 8 Country Road • Suite 1200 • Orange CA 92868 • (714) 560-8200 • (714)560-8211 FAX
Other Locations: San Diego.CA • Concora_CA • Sacramento_CA • Phoenix.AZ • Tucson.AZ
Established 1954
' CITY OF HUNTINGTON BEACH April 1, 1998
Underground Storage Tank Removal and Replacement Project
1
' Mr_ Randy Novak will serve as the Construction Manager for this project. Mr. Novak has more than 15
years of experience in the construction and maintenance of USTs and has directly managed all field
operations for literally hundreds of projects in the past five years, including piping installation.
monitoring system installation and certification and UST removals and installation. I-le is a licensed
' General Contractor, is certified for various monitoring systems and has completed all OS14A courses.
Lastly, TAIT will offer the services of Mr. Bill Duree as the principal fueling designer for this project.
' Mr. Duree has more than 22 years of experience in the design of petroleum storage and distribution
systems and is one of the industry's most respected authorities on UST systems. In fact, he was
responsible for developing the UST compliance standards for many of the major oil and utility
' companies, including Unocal, ARC:O, GTF.and Southern California Gas Company, to name a few.
TAIT will be the prime consultant for this engagement and will provide all of the required services, with
' the exception of tank rinsing and disposal and asphalt work- This project team brings outstanding fuel
facility design 1 build experience, insightful technical capabilities, recent experience with municipal
operation and maintenance conditions; familiarity with local, state and federal regulatory requirements;
' and offers these essential advantages to the Citv:
• Innovative phasing to minimize the disruption of facility operations.
• Extensive fuel facility engineering,design and environmental and construction experience;
• Considerable experience with prevailing codes and regulations;
• The ability to respond quickly to the City's needs;
' This letter acknowledges the receipt of the Request for Proposal dated February 1998 and has no
exceptions to the City's standard form of agreement- Thank you for the opportunity to be of service to
' the City.
Thank you again for your strong consideration. We look forward to your favorable response to this
' proposal and the opportunity to continue working with the City_
Sincerelv.
' TAIT& ASSOCIATES, INC.
James D. Streitz
' Director of Construction
r,TAII'.SI'S`[1Lllr.AIFSYS'.DIR_V0IT%NIAI1K1.1IN-YROYOSAL`III INT11KI1. 111 UH-1clIv,doc
1
II
CITY OF HUNTINGTON BEACH
' DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
REMOVAL AND REPLACEMENT PROJECT
1
TABLE OF CONTENTS
SECTION PAGE
' Transmittal Letter......................................................................................................i-ii
Table of Contents iii-iv
' Qualifications
The TAIT Team--- --- - -- -----------• ----- -- -- ---
Company Background -- - - -- ---- 1-2
Regulatory Agencies -- --------------- - -- 2
' Related Experience
Orange County Transportation Authority ____ __________ _ _ _ _________
City of Palm Springs •-- - ----------- -- --•- --------- -- -- 3-4
' Los Angeles County, MTA- - - -- -- -------------- -- ---------- - ----- -- --- -- --..-------. 4
County of Los Angeles. ISD -•--•-- - -- •- - •-- --- --• - •--- • • - • 4-5
Tosco Marketing Company -- ------------ - -_
PacificBell------------- ----- -- -- --- ------------..----- ---- ----- -- -- - --- -- --- -- ------------- 5-6
ARCO Petroleum Products ........ __. ................ 6
' Technical Approach
Pre-Construction Activities- -- ----------------------------- - - ---------------------------------- 7-8
' Demolition. Excavation and Removal .................................. ............................... 8
Instllation -- -- --- ------------ 8
Surface Restoration --- ---------- - 8
' Start-up and Testing 9
Package t -- - -- --• -- - -- 9-10
Package 2 10
Package3....................... .................................. . -- . --.......... 10-11
Package4............................ • ----- -----------------------------. . ---------- ----------------- 11
iii
1
1
1
CITY OF HUNTINGTON BEACH
' DESIGN I BUILD SERVICES FOR UNDERGROUND STORAGE TANK
REMOVAL AND REPLACEMENT PROJECT
1
CONTENTS (continued)
' SECTION PAGE
' Project Team
Record of Meeting Schedules ...... . - -- ------. 12
Management Approach------- - - 12
' Project Organization -- ---- - •- --- --•-- - •-- -- -- 12-13
Resumes-.--.- -- ---- ------- -- 14
JimStreitz- ---- --- -- •-- -- -- ------ --- - -- ------------------------- -- --------- -- ---•----- 14
Tracy J- Letzring, PE. REA -- .•-- - -- ------ 14
Randy Novak. --• - - - -- -- -- - --- ------ 14
Bill Duree ......... .........--. 15
Richard Gossett ...... - - -- -- ------ - 15
Cory Sackett, EIT . __ ............. .. . . .. ...--.... . -- 15-16
Ravi Limaye, PE, REA... ......................... ------------- -- --- -- .............. -- .. 16
J Neal Beaty -- -- - --• -
Charles M_ Bentley -- -- -- -- -- - -- -- • - - - 16-17
' Femando Martinez --- --- ----•---------- --- -----•-- ---- --..----- --- ------ .................... --- 17
Kimberly Andrews----------- - ----- -------------- 17
' Quality Control
Discipline Review.- -- --•-- ------ ............... . .................... . ................. - 18
Independent Check .............. ................. -- -- -- -------------- ............ 18
Technical Audit •-- -- --•-- --•- •-- - ----------- 18
Project Meetings ........ ......... - 18
' Field Inspections - - - -------- - • •--• -------- -- --.-. 18
Cost Control . 18
tAppendix
Project Schedules
1
1
I
7AT iv
• CITY OF HUNTINGTON BEACH
DESIGN / BUILD SERVICES FOR UNDERGROUND STORAGE TANK
' REMOVAL AND REPLACEMENT PROJECT
' QUALIFICATIONS The 7AIT Team
TAIT offers all of the requisite technical
Tait & Associates, Inc. (�"AI"1-) is staffed with capabilities required for the development of
' highly qualified individuals who have plans,specifications and estimates. soil sampling
demonstrated their ability to successfully provide and analysis;and petroleum contracting services
engineering, design, environmental and for this UST replacement and upgrade project.
' construction services for Underground Storage This includes in-house staff for all environmental-
Tank (UST) replacement and upgrade projects. geotechnical, soils and testing, civil, mechanical
The relative experience of TAIT's design team and electrical engineering.
is extremely impressive. It includes providing As a licensed General Contractor, TAIT is
' engineering,design and construction services for certified in the installation of USTs and all related
literally hundreds of fuel storage and dispensing piping, electric and monitoring systems. All
projects, including numerous municipal and employees are OSIIA trained for hazards
' regional transportation facilities. associated with fuel facility construction and have
a vast knowledge of national and local building,
A key component of'I"AI'I"'s strength as a design fire and safety codes; USEPA regulations and
' team is based upon its ability to develop options zoning and permitting requirements.
for facility configurations and siting that address `
the codes and regulations governing fuel facility Company Background
' modifications, as well as options that reduce TAIT is a full service engineering company which
capital cost and the time required for construction. offers fuel facility design services to federal,state,
' county and municipal agencies, as well as major
Chic experience will lend itself to the timely petroleum and utility companies.TAIT's staff has
development of the engineering plans and worked in cooperation with local agencies since
specifications and construction for the removal 1964 to improve the infrastructure of California's
and replacement of the City of Huntington fueling systems. TAIT's specialized services
Beach's USTs. include the preparation of plans, specifications
and estimates and construction services for fuel
Principal Business: General Contractors and storage and distribution system removal,
' Engineers(Lic_9588098) replacement and upgrade projects.
Classifications: A,ASB,HAZ, B, C-10
Organization: California Corporation The expertise of TAIT's design team has also
Financial Stability: Excellent been utilized to prepare calculations and
Office Address: 1100 Town&Country Rd_ performance specifications for storage and
Suite 1200 dispensing equipment; provide plans for
' Orange, CA92868 mechanical piping, valving and cathodic
Personnel: 120 protection; size and specify major electrical
1996 Revenue: $13 2 million equipment;and design facility ventilation and fire
' Year Founded: 1964
safety systems.
TAT
1
1 • CITY OF HUNTINGTON BEACH
DESIGN I BUILD SERVICES FOR UNDERGROUND STORAGE TANK
' REMOVAL AND REPLACEMENT PROJECT
The petroleum Industry holds TAIT in high The following is a list of the Regulatory
' regard due to its commitment to developing and Agencies,and contact persons for the City of
practicing these specialized technical skills. Huntington Beach UST Replacement and
Likewise, many public agencies have praised Removal Projects.
1 TAIT for its role in developing and improving
unleaded and diesel fueling systems. back-up COUNTY OF ORANGE
generators and city yard waste oil tanks. TAIT Department of Environmental Health
1 has provided all of the services required for this Contact: Karen McKabney
contract for many of its clients, including the Hazardous Materials Management Specialist
Orange County Transportation Authority. Los 2009 East Edinger Avenue
' Angeles County Metropolitan Transportation Santa Ana, CA 92705
Authority,County of Riverside,County of Santa 714-667-3762
' Barbara,City of'['alm Springs and City of Blythe,
to name but a few.
CITY OF HUNTINGTON BEACH
1 Much of TAIT's success with these types of Fire Department
projects is directly related to its experience with Contact: Ward Kinsman
the regulatory authorities which are involved with 2000 Main Street
1 the removal of USTs and installation of above Huntington Beach. CA 92648
ground storage facilities. TAIT has extensive 714-536-5573
experience with the agencies involved with this
project, including the County of Orange
Department of Environmental Health, City of CITY OF HUNTINGTON BEACH
Huntington Beach Fire Department and the South
Building and Safety Division
Coast Air Quality Management District. Contact: Khanh Nguyen.
Permit& Plan Check Manager
TAIT's long-standing practice of assigning 2000 Main Street
' individuals who have experience: with the Huntington Beach, CA 92648
regulators to specific projects has placed it in a 714-536-5679
leadership position. The staff members who will
be assigned to this project have developed plans,
specifications and estimates for numerous UST SOUTH COAST AIR
1 replacement projects throughout Orange County. QUALITY MANAGEMENT DISTRICT
The engineering and construction team assigned Contact Gary Bancroft, Supervising Inspector
to this project has a commanding knowledge of 21865 East Copley Drive
' the local codes and regulations as they relate to Diamond Bar, CA 91765
fuel storage tank operations. practices and
909-396-3045
improvements.
1
7AT 2
1
' • CITY OF HUNTINGTON BEACH
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
' REMOVAL AND REPLACEMENT PROJECT
' RELATED EXPERIENCE installation of monitoring systems for single wall
tanks storing diesel, unleaded gasoline,ATF and
The following pages represent TAIT's recent motor oil.
' experience with providing services that are
relevant to this particular project. Descriptions TAIT also performed complete engineering and
' of each project. as well as names. and phone design services,including technical specifications
numbers of the contact person are provided in and construction documents for the third and final
the following paragraphs. Also listed for each compliance phase of OCTNs bus fueling and
project are the estimated design and construction maintenance systems at all three maintenance
costs and the name of TAIT's key staff"members bases in Garden Crrove, Irvine,and Anaheim.The
who worked on the job. project included the removal of 28 underground
1 storage tanks and the installation of 13 new tanks
Orange County Transportation Authority for diesel,unleaded gasoline, ATF and motor oil,
Contact: Mr. Frank Ataiyan' (714) 560-5868 and all delivery and dispensing systems
Design Cost: $260,000
Construction Costs: S2,500,000 City of Palm Springs
' Project Manager: Traci Letzring, PE, REA Contact: Mr. David Barakian, PE
Fuel Designer: Bill Duree (619)323-8179
Design Cost: $51,500
Construction Costs: S461,000
Project Manager: Tracy Letzring, PE, REA
Fuel Designer: Bill Duree
TAIT was selected by the City of Palm Springs
1 to perform complete engineering, design and
environmental services, including technical
specifications, construction documents and soil
TAIT performed complete engineering, design
and environmental services, including technical _•-
' specifications, construction documents and soil
ci
sampling for the first UST compliance phase at i
OC7A's maintenance bases in Garden Grove,
' Irvine, and Anaheim. '
The project included the removal and replacement
' of underground waste oil tanks and the _�r
'
7AT 3
1
' • CITY OF HUNTINGTON BEACH
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
' REMOVAL AND REPLACEMENT PROJECT
sampling and analysis for the City's Underground technical specifications,soil borings,soil testing,
Storage Tank ank Removal Program. site assessment reports,permits and construction
' administration services.
The project included the excavation,removal,and
backfill of 1 I USTs located at 7 different sites
' within the Citv. Also included were the design County of Los Angeles, ISD
and installation of 9 above ground replacement Contact: Mr. Bruce Kragen
tanks for diesel, unleaded gasoline and waste oil (213) 267-3437
' at different locations within the City. Design Cost: $178,300
Construction Costs: $1,550,000
Tracy Letzring, PE, REA Project Manager:
Los Angeles County Fuel Designer: Bill Duree
Metropolitan Transportation Authority -
Contact: Mr. Ben UrbanT
' (213) 422-4714
Design Cost: $297,000
Construction Costs: $1,500,000 1
' Project Manager: Tracv Letzring, PE, REA
Fuel Designer:;Bill Durce
' TAIT performed complete engineering and
environmental services for the replacement of 15
' underground storage tanks and associated piping
and pump systems for various fuels and bus
service fluids at Division 10, bus maintenance TAIT has completed several fueling facility and
' facility in the City of Los Angeles. distribution projects for the County of Los
Angeles, Internal Services Department. The
The scope of services included surveying, following is a description of three projects
' calculations, cost estimates, design drawings, recently completed by TAIT.
Autoshop
TAIT provided complete engineering and design,
prepared construction documents and
specifications and obtained all permits for a new
Mp vehicle fueling facility located at the Automotive
= Shop. The project consisted of four new USTs,
' new fueling island with four dispensers, kiosk,
and canopy. The project also included an above-
ground tank system for emergency generator fuel
supply
WiT 4
' CITY OF HUNTINGTON BEAC•
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
' REMOVAL AND REPLACEMENT PROJECT
Central Jail - Fuel Facility
TAIT performed complete engineering and
design, prepared construction documents and
specifications and obtained all permits for a new
vehicle fueling facility at the I.os Angeles County � r
Central Jail. The project included three new +
' USTs, tanks, dispensers, island, and canopy. --
Central Jail- Plant
TAIT performed complete engineering and
design, prepared construction documents and
' specifications and obtained all permits to replace encountered, TAIT assisted in the remediation
the physical plant fuel supply system for of the soil by overexcavating and removing the
generators and boilers at the Los Angeles County hydro-carbon impacted soil, or by building on-
Central Jail. The project included tanks, pumps, site remediation systems.
filters, and system control.
Pacific Bell
' Tosco Marketing Company Contact: Tom Cimmins
Contact: Victor Nasscreddin (619) 297-8411
' (714) 577-2339 Design Cost: $150,000
Design Cost: S194,000 Construction Costs: $1.5 million
Construction Costs: $2.35 million Project Manager: Jim Streit-z
' Project Manager: Jim Streitz Construction Manager: Randy Novak
Fuel Designer. Bill Duree Foreman: Chuck Bentley
Construction Manager: Randy Novak Health & Safety Manager: Kim Andrews
' Foreman: Fernando Martinez
Health & Safety Manager: Kim Andrews TAIT was contracted by Pacific Bell to perform
the removal and replacement of underground
' I'AIT was contracted to install underground storage tanks, associated piping, and monitoring
storage tanks (USTs) at many sites for Tosco
(formerly 76 Products Company). TAIT also was - .s
' responsible for the removal and replacement of
above ground waste oil tanks,piping, monitoring. ;K 1
systems and dispensers. c
Several of the sites required the installation of
' secure cashier areas as well as upgrading the _
electrical service to handle the increased load
resulting from the new dispensers. f� _
' At sites where hydro-carbon impacted soil was
7AT
5
1
' CITY OF HUNTINGTON BEAC•
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
' REMOVAL AND REPLACEMENT PROJECT
' Tait Environmental Systems (TES) was
system for emergency generator/fueling systems contracted to perform the removal and
' for statewide 911 and 411 services which operate replacement of 10,000 gallon underground
during power outages at various locations storage tanks (USTs) at various locations
throughout Southern California. throughout Southern California.
' Due to the importance of maintaining these TES replaced all piping, dispensers and
services during a power outage. TAIT installed monitoring systems as well as provided testing
' the new tanks first and brought them on-line services such as Helium Pinpointing. Upon
before removing the old tanks. The "cut-over' locating leaks,TES' crew of technicians repaired
from the old tanks to the new tanks was and provided line tests in accordance with local
' accomplished in less than one hour. regulatory agencies
In addition, TES handles the certification of
' Pacific Bell's tank monitoring systems, as well
as troubleshooting and repair of the systems when
' they go into alarm. This includes the repair of
leaking sumps, sensor replacement, etc.
' ARCO Petroleum Products
Contact: Pete D'Amico
(310) 923-9876
' Design Cost: $250,000
Construction Costs: $1.12 million
Project Manager: Jim Streitz
' Fuel Designer: Bill Duree
Construction Manager: Randy Novak
Foreman: Fernando Martinez
' Health & Safety Manager: Kim Andrews
1 I -
1
1
7PJT 6
1
' CITY OF HUNTINGTON BEACH•
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
' REMOVAL AND REPLACEMENT PROJECT
' TECHNICAL APPROACH Individual tank detail sheets in cross-section
format with general notes and material call-
Below are project phases generic to each site. outs. (7 sheets)
Miscellaneous piping details. (2 sheets)
I. Pre-Construction Activities: Piping details at islands indicating connection
' to dispensers with general notes and material
We have broken down the work for all sites into call-outs. (2 sheets)
five (5) general phases. Concrete tank slab construction details. (2
' sheets)
Upon receipt of Notice to Proceed for this project, Miscellaneous dispensing island details. (2
Tait will begin preparing engineered plans which sheets)
' will be needed to pull permits from Orange Tank anchoring detail sheets with buoyancy
Countv Environmental Health. Citv of calculations. (2 sheets)
Huntington Reach Fire Department and City of
tHuntington Beach Building Department. Package"2"
Concurrently, we will begin processing a Permit Site C - Gothard Fire Station
' to Construct with the South Coast Air Quality Site D - Murdy Fire Station
Management District ("SCAQMD"). Site E - Warner Fire Station
Site F - Fire Training Facility
' TAIT proposes to prepare individual construction Site H - Lake Fire Station,
bi yackges based on the following groupings. Title sheet.
Our engineering services will include the Site plans indicating removal of existing and
' preparation of complete engineering plans installation of new tanks, piping, electrical,
(Autocadd) and technical specifications (Word and associated equipment. These plans will
6.0), proposed construction schedules, and also consider construction phasing to assure
' acquisition of agency permits and/or approvals. minimal facility operation disruptions. (4
The following is a breakdown of our proposed sheets)
plan set per group : Demolition and tank removal site plan. (Site
' 5 only)
Package"I" Individual tank detail sheets in cross-section
' Site A - City Yard, Site B - Parks Yard format with general notes and material call-
Title sheet. outs. (6 sheets)
Site plans indicating removal of existing and Miscellaneous piping details. (4 sheets)
' installation of new tanks, piping, and Piping details at islands indicating connection
associated equipment. These plans will also to dispensers with general notes and material
consider construction phasing to assure call-outs. (4 sheets)
' minimal facility operation disruptions. (2 Concrete tank slab construction details. (4
sheets) sheets)
Electrical site plans. (2 sheets) Miscellaneous dispensing island details. (4
' Electrical details. (2 sheets) sheets)
1
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1
' CITY OF HUNTINGTON BEACH
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
' REMOVAL AND REPLACEMENT PROJECT
' Tank anchoring detail sheets with buoyancy Miscellaneous piping details. (2 sheets)
calculations. (4 sheets) Piping details at islands indicating connection
to dispensers with general notes and material
Package"3" call-outs. (I sheet)
Site G - Civic Center Concrete tank stab construction details. (1
sheet)
Title sheet. Miscellaneous dispensing island details. (1
Site plans indicating scope of work as sheet)
' required for system upgrades, including Tank anchoring detail sheet with buoyancy
electrical. The unleaded tank systems will calculations. (1 sheet)
need to be taken out of service during
' construction. An alternative fuel source will It is our intention to begin engineering and plan ✓
have to be identified and provided by the City. preparation with the sites in Group "1". as this
' The diesel system(emergency generator)can will generate"standardized"design details which ✓
be kept on-line through the use of a temporary can easily be utilized in the balance of the groups.
fuel supply. (2 sheets) Many of the proposed tanks will have similar, if
Individual tank detail sheets in cross-section not the same, features, details, and hardware
' format with general notes and material call- requirements. This multiple project, phased
outs. (2 sheets) approach will allow•l'ait to provide the City with
' Miscellaneous piping details. (I sheet) the best system designs, economically, and in a
Piping details at island indicating connection shorter time period than could otherwise be
to dispensers with general notes and material possible.
1 call-outs. (1 sheet)
Concrete tank slab construction details. (I In the event that sufficient record site plans can
sheet) not be located, and it becomes necessary to
' Miscellaneous dispensing island details. (1 perform site surveys to create the required site
sheet) plans,"Fait will negotiate the additional scope and
cost with the city prior to continuing the
' Package "4" project(s).
Site J - Beach Yard
' Upon receipt of the Authority to Construct and
Title sheet. all permits,Tait will notify Underground Service
Site plan indicating installation of new tanks, Alert to check for underground utilities and will
piping, and associated equipment (new site). give SCAQMD notification of excavation
' Demolition and tank removal site plan activities (Rule 1166). We will then contact the
(existing site). agencies and set an inspection time for removing
Electrical site plan and details. the tank and sampling the soil. Chain link fence
Individual tank detail sheets in cross-section panels will be delivered to the site to be used to
format with general notes and material call- secure any excavations.
' outs. (3 sheets)
7�T 8
1
' • CITY OF HUNTINGTON BEACH
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
' REMOVAL AND REPLACEMENT PROJECT
1
11. Demolition, Excavation and Removal: Pressure test all piping in the presence of all
' Remove dispenser(s), purge lines back to the required regulatory agencies. We will be
existing U.S.T.(s), lock-out any electrical to using the Enviroflex Piping System, which
the tank and dispenser,remove tank slab and will require one (1) inspection for both the
' concrete over piping trench. primary and secondary inspection.
• Install shoring, if necessary. Obtain underground electrical inspection and
' backfill tank top and trenches.
• Excavate tank and piping to perform air
monitoring (SCAQMD Rule 1166). 1 V. Surface Restoration:
• Install forms as necessary for pouring
• Remove tank(s) and piping to perform soil concrete tank slab and for patching trenches.
sampling. This will be done in the presence Also, we will install the new dispenser(s).
of all required regulatory agencies.
• Pour concrete.
111. Installation:
• Remove existing asphalt or concrete above V. Start-up and Testing:
new tank hole(s). • Start-up dispenser(s)and monitoring system.
• Install shoring if necessary. • Calibrate dispenser(s).
' Trim tank hole for installation of new • Perform tank and line tests and clean-up site.
U.S.T.(s) (assuming no over-
excavation of impacted soil is required). • Obtain all final inspections with the required
' agencies.
• Set new tank(s). "I his will be done in the
presence of all required regulatory agencies. • Within three(3)weeks of completion,we will
' Backfill to the top of the tank(s) with perform ST 30 (Static Pressure) and S`I' 27
peagravel will be done. (Dynamic Pressure) Tests as required by
' SCAQMD.
• Set and pour new Bravo Dispenser
Containment Box(cs). The below is a phasing plan for each site, which
' we feel will minimize disruption to your fueling
• Install sumps on tank top(s) and trench for activities.
new piping and electrical conduit. If needed,
trench plates to be installed to facilitate traffic. Package"1"
Site A: City Yard
• Install new sump penetrations and piping, as (Installation: 15,000 gallon; 12,000 gallon;2,000
' well as underground electrical conduit. gallon; 1,000 gallon; (4) 550 gallon; Removal:
1
7AT 9
1
• CITY OF HUNTINGTON BEACH
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
' REMOVAL AND REPLACEMENT PROJECT
(2) 10,000 gallon unleaded, (1) 10,000 gallon Phase III: Installation
diesel,2,000 gallon waste oil; 1,000 gallon motor Phase IV: Surface Restoration
oil; 550 gallon hydraulic fluid; 550 gallon Phase V: Start-up and Testing
' transmission fluid; 550 gallon Trac fluid)
Site D: Murdy Fire Station
' Phase 1- Pre-Construction Activities (Removal: 1,500 gallon unleaded)
Phase III: Installation
Phase V: Start-up and Testing Phase I: Pre-Construction Activities
Phase II: Demolition, Excavation and Removal Phase IL Demolition, Excavation and Removal
Phase IV: Surface Restoration Phase IV: Surface Restoration
' Site B: Parks Yard Site E: Warner Fire Station
(Installation: 10,000 gallon unleaded; 5.000 (Installation: 6.000 gallon unleaded,2,000 gallon
gallon diesel; 550 gallon waste oil; Removal: diesel; Removal: 2,000 gallon diesel; 6.000
S5.000 gallon unleaded; 10,000 gallon unleaded; gallon unleaded)
300 gallon waste oil)
' Phase I: Pre-Construction Activities
Phase I: Pre-Construction Activities Phase III: Installation
Phase III: Installation Phase V: Start-up and Testing
' Phase V: Start-up and "I'esting Phase II: Demolition, Excavation and Removal
Phase II: Demolition, Excavation and Removal Phase IV: Surface Restoration
Phase IV: Surface Restoration
' Site F: Fire Training Facility
(Installation: 1,000 gallon mixed tank; Removal:
Package"2" 1,500 gallon diesel; 1,000 gallon mixed tank)
' Site C: Gothard Fire Station
(Installation: 4,000 gallon unleaded:2,000 gallon Phase 1: Pre-Construction Activities
diesel; Removal: (2) 1,500 gallon unleaded) Phase III: Installation
' Phase 1: Pre-Construction Activities Phase V: Start-up and Testing
Phase III: Installation Phase 11: Demolition, Excavation and Removal
Phase V: Start-up and Testing Phase IV: Surface Restoration
Phase II: Demolition, Excavation and Removal
Phase IV: Surface Restoration Package"3"
Site G: Civic Center
Site H: Lake Fire Station (Installation: (2) 12,000 gallon unleaded; 5,000
(Removal: 4,000 gallon diesel;Installation:4.000 gallon diesel)
' gallon diesel)
Phase I: Pre-Construction Activities
Phase I: Pre-Construction Activities Phase I1: Demolition, Excavation to Tank Tops
' Phase 11: Demolition. Ixcavation and Removal Only
1
7AT 10
' CITY OF HUNTINGTON BEACH•
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
' REMOVAL AND REPLACEMENT PROJECT
' Phase III: Installation ("Canks to remain and he
upgraded)
' Phase IV: Surface Restoration
Phase V: Start-up and 'Testing
' Package "4"
Site J: Beach Yard
(Installation: 5,000 gallon unleaded;2,000 gallon
' diesel; 550 gallon waste oil; removal: 5.000
gallon unleaded; 2,000 gallon diesel:_ 280 gallon
waste oil)
Phase I: Pre-Construction Activities
' Phase III: Installation
Phase V: Start-up and 'l'esting
Phase IL Demolition, Fxcavation and Removal
' Phase I V: Surface Restoration
1
1
7AT
1
' •CITY OF HUNTINGTON BEACHa
DESIGN / BUILD SERVICES FOR UNDERGROUND STORAGE TANK
' REMOVAL AND REPLACEMENT PROJECT
' PROJECT TEAM assures the City that 'FAIT will expeditiously
fulfill the local,state and federal requirements of
TAIT employs a permanent full-time staff of over 1 the UST replacement and upgrade projects.120 engineering and construction personnel.This
project will require only a relatively small portion Management Approach
1 of this available staff which is reflected by the TAIT has developed a management approach that
very high quality of the individuals who are is based upon the City's requirements for this
proposed for this assignment. TAIT is in an engagement. Important elements of the approach
enviable position to execute this assignment with include highly experienced project manager's,
a staff that has worked together in the past, and construction manager's and lead fuel designer
has performed services for yen similar supported by a carefully selected technical staff
' assignments. and an effective and efficient management plan.
Record of Meeting Schedules Project Organization
TAIT has earned an outstanding record of The FAIT team is currently involved with the
completing assignments on or ahead of the engineering,design and construction of a number
planned schedule. The company's use of of UST replacement and upgrade projects which
' management control systems, project manager are at various levels of completion.
training,and corporate management participation
has assured that all engagements are completed None of these commitments will jeopardize the
to the entire satisfaction of our clients. TAIT's performance of the services required for this
record of on-time performance is also attributable project. The team members who have been
to the recognition of the importance of clearly proposed for this assignment are committed to
defined scopes of services, the definition of the project and will be available to accomplish
important schedule milestones, staffing plans, their respective duties.
' clear lines of authority and corresponding
responsibility, and perhaps most important, No individuals assigned to the project will be
effective communication with clients and all removed from the team it,ithout the prior written
' affected agencies throughout the engineering and concurrence from the City.
design process.
'
TAIT's approach to this project includes the The Project Organization Chart shows the
proposed team members and their respective
commitment of Jim Streitz and Tracy Letzring, assignments. Each of the individuals was selected
PE, experienced construction and engineering based upon their experience and knowledge of
' project managers, to complete this assignment the requirements necessary to successfully
as quickly and cost effectively as possible. TAIT complete the design,their clear understanding of
' has selected personnel whose experience and fuel storage,transfer and dispensing systems;and
background includes the engineering, design, their understanding and knowledge of building,
construction and construction management of fire, zoning and safety codes and regulations.
' fuel facilities. Their familiarity with current Throughout this project, TAIT 1 will identify
practices and local standards and requirements
�T 12
1
• CITY OF HUNTINGTON BEACH•
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
1 REMOVAL AND REPLACEMENT PROJECT
' alternatives to streamline efforts and reduce costs completing a number of highly successful UST
while maintaining the quality of design and replacement and upgrade projects.
' construction.
Each of the team members are personally
The TAIT design and construction team is committed to this project and to its successful
composed of a eery experienced group of completion.The considerable depth of experience
individuals who are available and have of our personnel is illustrated by their resumes,
demonstrated their professional expertise in which are included in this section.
Huntington Beach
Eric Charlonne
Health & Safety Project Manager sag JT=lLpf,=0 .1r-Im
Kim Andrews Jim Streitz Rich Gossett
Construction Mgr. Engineering Mgr.
1j Randy Novak i Tracy Letzring, PE
FUEL DESIGN
•
' 77Bentley Fernando Martinez Bill Duree Ravi Limaye, PE
i
TANK RINSING CADD DESIGN
SOIL TESTINGA
Nieto and Sons Charles C. Reegan Co. Cory Sacket, EIT Neal Beaty
T 13
1
• CITY OF HUNTINGTON BEACH
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
REMOVAL AND REPLACEMENT PROJECT
Resumes He has developed an expertise in all facets of
The following are brief resumes of the individuals engineering management and environmental site
' on the engineering and construction team for this remediation. His specific experience entails the
project. project management of fueling facility
development and the preparation of regulatory
I .Jim Streitz policies and infrastructure design.
Project Manager
Mr. Streitz is the Director of Construction for Tait He has a Bachelor of Science in Civil Engineering
&Associates,Inc. He will be the project manager from the University of North Dakota, Grand
for this assignment. Forks and is a Registered Civil Engineer and
Registered Environmental Assessor in California.
' Mr. Streitz is responsible for all operations of
TAIT's general contracting company. His duties Randy Novak
include overall strategic planning,marketing and Construction Manager
rpurchasing. He was formerly President of Mr. Novak is a Construction Manager for Tait&
Construction Consultants Ltd.of Newport Beach, Associates, Inc. and will oversee all field and
' which is a general contractor specializing in construction activities far this assignment.
tenant improvements.
He is responsible for overseeing all field
Mr. Streitz's professional background includes operations for TAIT's general contracting
extensive work with such clients as the United division. His duties include supervision of
States Navv, United States Postal Service,Pacific foremen, client coordination, estimating, quality
Bell, Texaco Refining & Marketing, Unocal, control and marketing.
Arco Petroleum Products and Thrifty Oil
Company. Mr. Novak is experienced in all types of piping
' installation, tank removals and installation, and
Mr. Streitz completed degrees in Business monitoring systems. He has worked extensively
Administration & Economics at the University with clients such as Mobil Oil, Pacific Bell,
' of North Dakota. He has completed the OSI iA Unocal, Lancaster Community Hospital, and
required 40 Hour Hazardous Waste Operations, Thrifty Oil Company.
with current 8 Hour Refresher Course and 8 Hour
Supervisor's Course and is certified in Veeder- He is currently in compliance with O.S.H.A.'s
Root UST Monitoring Systems Level 1-3. 40-hour I-lazwoper program and is certified for
' Veeder-Root UST Monitoring Systems (Levels
Tracy J. 1,etrring, PE, REA 1-3),Geo-Flex Systems.L•nviroflex and Ameron
Engineering Manager systems. He is Certified for the installation of
' Mr. Letzring is Vice President and Director of Geo-Flex Systems,Enviroflex.Ameron and A.U.
Engineering for Tait & Associates, Inc_ He will Smith.
be responsible for the engineering management
for this project.
7AT 14
' CITY OF HUNTINGTON BEACH
DESIGN / BUILD SERVICES FOR UNDERGROUND STORAGE TANK
1 REMOVAL AND REPLACEMENT PROJECT
' Bill Duree negotiations.data analysis and report writing for
Fueling Designer various types of site assessments and soil &
Mr. Duree is a Project Manager for Tait & groundwater remediation projects. He has
Associates, Inc. and will be responsible for the developed an expertise in the engineering design
design and engineering of this project. of remedial systems and provides quality control
for various projects.
He has more than 23 years of experience in
mechanical design and has developed a lie received a Bachelor of Science in Engineering
corresponding expertise in the design of fueling Technology and Mechanical Engineering from
systems in the petro-chemical field. He is one of the California Polytechnic State University, San
the most respected and well known designers of Luis Obispo.
Ifuel storage and delivery systems in the petroleum
industry. He has extensive experience in He has completed the OSHA required 40 Hour
1 designing concepts and standards for a large Hazardous Waste Operations,with current 8 Hour
segment of the petroleum industry. Ile has been Refresher Course and 8 Hour Supervisor's Course
Project Manager and/or principal designer for a and is certified in Veeder-Root UST Monitoring
' vast cross section of clients, including many Systems Level 1-3.
public agencies and is well versed in the
regulatory requirements for fuel systems Cory D. Sackett, EIT
CADD Design
Richard Gossett Mr. Sackett is a Project Engineer for "fait &
Project Coordinator Associates. Inc. and will be responsible for the
' Mr. Gossett is a Project Manger for Tait & Computer Aided Drafting and Design (CADD)
Associates, Inc. and will be responsible for on this project.
coordinating all design and construction activities
' for this project_ His extensive background includes years of
experience in the petroleum and traffic
He has extensive experience in managing engineering fields. His responsibilities include:
underground storage tank closures. quarterly site inspection, design. drafting, and permitting
groundwater monitoring programs and soil clean while coordinating with surveyors, civil
up activities. He has performed numerous Phase engineers, and construction and environmental
' I and II Environmental Site Assessments on firms.
industrial and commercial properties, maintains
' a working knowledge of local and state Mr. Sackett is involved in the production of
regulations and is familiar with various standards as well as site specific above ground/
governmental agencies. underground storage tank installation/removal for
various municipalities and industries, including
Mr_ Gossett's responsibilities include GTE, where he serves as Project Engineer for
coordinating and participating in project their UST Compliance Program.
planning, design, cost estimating, regulatory
7AT 15
• CITY OF HUNTINGTON BEACH
DESIGN I BUILD SERVICES FOR UNDERGROUND STORAGE TANK
REMOVAL AND REPLACEMENT PROJECT
IHe is a registered Engineer in "Draining (EIT) in groundwater and soil sampling, groundwater
California and graduated with a Bachelor of modeling and report preparation. Mr. Beaty also
' Science in Mechanical Engineering from has experience in the removal of underground
California State University, long Beach. storage tanks. obtaining UST permits, preparing
UST closure reports and negotiating cleanup
' Ravi S. Limaye, PE, REA objectives and rcmediation alternatives with
Environmental various State, County and City agencies.
Mr. Limaye is Vice President of Tait &
Associates, Inc. and will be responsible for Mr. Beaty holds a Bachelor of Science in Geology
overseeing all environmental sampling and from California Polytechnic University, Pomona
reporting for this project. and has completed the OSHA required 40 I lour
' I lazardous Waste Operations,with current 8 Hour
Mr. Limaye has several years of diversified Refresher Course.
experience in chemical and environmental
engineering, specializing in the design and Charles M. Bentley
management of industrial wastewater systems, Foreman
' and soil/groundwater rcmediation projects. Mr. Bentley is a Foreman for TA1T's General
Contractor and will be responsible for overseeing
Mr. Limaye earned his Master of Science in the construction of this project, from permitting
1 Chemical Engineering from Washington State thru final inspections.
University and his Bachelor of Science in
Chemical Engineering from the Indian Institute Mr. Bentley has over 20 years of experience in
' of Technology. He is a Registered Professional the construction field and has developed an
Engineer in the states of California and expertise in the installation and removal of
Wisconsin. He is a member of the American underground storage tanks(DST's)and all related
' Institute of Chemical Engineers. piping and administration. He is also experienced
in obtaining UST permits,preparing UST closure
J. Neal Beaty reports and negotiating cleanup objectives and
1 Soil Testing remediation alternatives with State and County
Mr. Beaty is a Project Geologist for Tait & agencies. Mr. Bentley has worked for clients such
' Associates. Inc. and will be responsible for all as the Gas Company, Southern California Edison,
soil testing required for this project. Pacific Bell and various municipalities and
governmental agencies.
' He has numerous years of experience as a
geologist/hydrogeologist on soil and groundwater Mr. Bentley studied Civil Engineering at the
contamination projects. University of Southern Califomia and maintains
' his General Contractors License #452922
Mr. Beaty has been responsible for field (Classifications - A. B. C-61/D40, Hazardous).
investigations,drilling, monitoring and recovery
well installation, as well as soil venting, He has completed the OSHA required 40 Hour
1
i�/ T 16
' •CITY OF HUNTINGTON BEACH
DESIGN i BUILD SERVICES FOR UNDERGROUND STORAGE TANK
1 REMOVAL AND REPLACEMENT PROJECT
Hazardous Waste Operations,with current 81 lour
Refresher Course and 8 Hour Supervisor's
Course.
Fernando Martinez
Foreman
Mr_ Martinez is a ForemanlF,lectrician Mr.
Bentley is a Foreman for TAIT's General
Contractor and will be on-site for the entire
project, responsible for supervising the
pipefitters, equipment operators, and
subcontractors.
Mr. Martinez is currently in compliance with
O_S.H.A.'s 40-hour Hazwoper program and is
certified for Veeder-Root UST Monitoring
I Systems Levels(I-IV). He is also certified in the
installation of Geo-Flex Systems, Enviroflex,
Amcron and A.O. Smith.
Kimberly Andrews
Health & Safety Manager
' Ms. Andrews is the Health and Safety Manager
for Tait&Associates, Inc.and will be responsible
for implementing O.S.H.A. regulations as well
' as handling safety requirements for this project.
She has worked with such clients as Thrifty Oil,
Unocal, McDonnell Douglas and Texaco,
installing and repairing monitoring sytems and
leak detectors.
Ms_ Andrews studied Biology at California State
' University, Long Beach. She has completed the
OSHA required 40 Hour Hazardous Waste
Operations,with current 8 Hour Refresher Course
' and 8 Hour Supervisor's Course.
7AT
17
I
' CITY OF HUNTINGTON BEACH
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
1 REMOVAL AND REPLACEMENT PROJECT
QUALITY CONTROL Jim Streitz will have total responsibility for
maintaining effective working relationships with
TAI•I s management has always placed particular all team members. lie will also be responsible
emphasis on quality control with respect to for the management and administrative aspects
design. It has always been a primary objective to of this assignment and TAIT's performance. He
1 develop documents of the highest quality. In that will conduct regular progress meetings, review
vein. procedures and practices have been progress, and coordinate the work of each
developed for a system of independent checks participating party as necessary.
that will be implemented for this assignment.
Project Meetings
Discipline Review A kickoff meeting will be held by the project
Technical checking and design review activities manager upon receipt of the City's Notice-to
will be performed by the engineering manager, proceed. This initial meeting, which will foster
Tracy Letzring, PE:., and construction manager, communication, will be followed by regularly
Randy Novak. scheduled meetings to keep all members fully
apprised of the project's development and status.
Independent Check
' Independent checking activities will be performed Meetings between the City and TAIT will be held
by a separate engineer at TAIT's office who will as often as necessary to discuss technical work
independently evaluate calculations and designs and management related issues. In addition, the
to ensure their conformity with standards and to TAIT team��ill meet by-weekly,unless otherwise
determine their accuracy. TAIT
by the City. These project review
' meetings will be held at the City Hall unless
Technical Audit otherwise arranged.
This review of the construction bid documents
' will be made to assess the effectiveness of the Field Inspections
quality control procedures to determine the need field Inspection activities will be performed by
for any adjustment to the program. The review the engineering manager, Tracy I etzring, PR,
I «ill be conducted by Tracy [.etr�ing, P}� and construction manager.. Randy Novak.
Working Relationships
Cost Control
FDe
ts of the TAIT Quality Control Plan Jim Streitz will be responsible for the controls
tion of the project'S purposes necessary to ensure that the project is completed
of work within budget. TAIT's staff has prepared
g forecasts and analyses for a w~ride variety of
bjectives projects and enabled the early detection of
ination requirements variances from the control budget. Variance
rables reporting is stressed to ensure that the project
et manager is provided with the necessary
oring and reporting procedures information to effectively manage the project.
Ti'1iT
18
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CITY OF HUNTINGTON BEACH
DESIGN 1 BUILD SERVICES FOR UNDERGROUND STORAGE TANK
REMOVAL AND REPLACEMENT PROJECT
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APPENDIX
1
1
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1
1
1
1
1
1
T�VT
PROPOSED PROJECT SCHEDULE
FOR THE CITY OF HUNTINGTON BEACH
PACKAGE ONE
May June July August September October
ID Task Name 4/26 5/3 5/10 5/17 5/24 5/31 6f7 6/14 /21 6/28 7/5 7/12 7/1.9 7/26 8/2 8/9 8/30 9/6 9/13 /20 9/27 1014 10/11 10/18 10/25
SITE A: CITY YARD
2 PHASE I
3 PHASE III
4 PHASE V
5 PHASE II
6 PHASE I
7
8 SITE B: PARKS YARD
9 PHASE I
10 PHASE III
11 PHASE V
12
PHASE 11
13 PHASE IV
Page 1
PROPOSED PROJECT SCHEDULE
' FOR THE CITY OF HUNTINGTON BEACH
PACKAGE TWO
May June July August SeptemberF October
' ID Task Name 4/26 5/3 5/10 5/17 5/24 5/31 617 6/14 6/21 6/28 7/5 7/12 7/19 7/26 8/2 8/9 8/16 8/23 8/30 9/6 9/13 9/20 9/27 10/4 10/11 10/18
24 PHASE V
1
25 PHASE II
' 26 PHASE IV
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27
28 SITE F: FIRE TRAINING FACILITY
1
29 PHASE I
30 PHASE III
I � i
31 PHASE V
' 32 PHASE II
33 PHASE IV
' Page 2
1 �
PROPOSED PROJECT SCHEDULE
' FOR THE CITY OF HUNTINGTON BEACH
PACKAGE TWO
May June July August September October
' ID Task Name 4/26 5/3 5/10 5/17 5/24 5/31 6/7 6/14 6/21 6/28 7/5 7/12 7/19 ;7/26 8/2 8/9 8/16 8/23 8/30 9/6 9/13 9/20 9/27 10/4 10/11 10/18
1 SITE D: MURDY FIRE STATION
2 PHASE I !
1 '
3 PHASE II � I
4 PHASE IV
I
5 PHASE V
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6
I
' 7 SITE E: WARNER FIRE STATION
8 PHASE I
1 9 PHASE III
I � I
10 PHASE V
1 11 PHASE II
12 PHASE N �
13
I
14 SITE H: LAKE FIRE STATION
15 PHASE I
' 16 PHASE IIMw
'
17 PHASE III
1 18 PHASE IV �
19 PHASE V
20 i
21 SITE C: GOTHARD FIRE STATION
22 PHASE I �
23 PHASE III
f �
1 Pagel
PROPOSED PROJECT SCHEDULE
FOR THE CITY OF HUNTINGTON BEACH
PACKAGE THREE
May June I July I August September October
ID Task Name 4/26 5/3 5/10 1 5/17 1 5/24 1 5/31 1 6/7 6/14 6/21 6/28 7/5 7/12 7/19 7/26 6/2 8/23 8/30 9/6 9/13 9/20 9/27 10/4 10/11 10/1-8- 1-0/25
SITE G: CIVIC CENTER
2
PHASE
3 PHASE II
4 PHASE III
5 PHASE IV
6 PHASE V
Pagel
PROPOSED PROJECT SCHEDULE
FOR THE CITY OF HUNTINGTON BEACH
PACKAGE FOUR
May June July August September
ID Task Name .4/26 5/3 5/10 5/17 5/24 5/31 6/7 6/14 6/21 6/28 7/5 7/12 7/19 7/26 8/2 8/9 8/30 9/6 9/13 9 0 9/27
1 SITE J: BEACH YARD
2 PHASE
3 PHASE III
4 PHASE V
' 5 PHASE II
6 PHASE IV
Page 1