HomeMy WebLinkAboutTOWER STRUCTURES, INC. - 1998-02-17 City of Huntington Beach
INTER-DEPARTMENT COMMMUNiCAT[ON
HUNTINGTON BEACH
TO: THOSE LISTED HEREON
FROM: ADMINISTRATIVE SERVICES, Accounting and Records
SUBJECT: 10% RETENTION PAYMENT
CC S'
Q
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. iLLELLA, Director of Finance
1 certify that no stop notice are on file on the subject at this time.
Date: g/fA 7
ROBERT F.TiEARDSLEY, Pu is Works Director
I certify that no stop notices are on file on the subject contract and that a
guaranty bond has been filed.
Date: V' 72,�.
CONNIE BROCKWAY, City CI
I certify that there are no outstanding invoices on file.
Date:3 14
1t�D rl<IgL
F IDENRICH, City Treasurer
10% Retention Payment 0610819912:54 PM
BOND NO. 158872718
PREMIUM: INCLUDED IN
CNA INSURANCE COMPANIES PERFORMANCE BOND
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That we
TOWER STRUCTURES, INC. _
as Principal, and CONTINENTAL CASUALTY COMPANY as Surety, are held
and firmly bound unto THE CITY OF HUNT NGTON BEACH, CALIFORNIA _
as Obligee, in the penal sum of TWO HUNDRED TWENTY-TWO THOUSAND SEVEN HUNDRED FIFTY-SEVEN
AND NO/100THS---------------------------------------DOLLARS ($222,757.00--------)
to which payment well and truly to be made we do bind ourselves, our and each of our heirs,
executors, administrators, successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a contract with the CITY OF HUNTINGTON BEACH, -_
CALIFORNIA dated FEBRUARY 17, 1998
for CIVIC CENTER 800 MHZ PROJECT CC 1048
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for
the period of ONE (1) year(s) after approval of the final estimate on said job, by the owner, against
all defects in workmanship and materials which may become apparent during said period, and
WHEREAS, the said contract has been completed, and was approved on 16TH ^_
day of APRIL 1999
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that,if the Principal shall indemnify
the Obligee for all loss that the Obligee may sustain by reason of any defective materials or
workmanship which become apparent during the period of ONE ( ) year(s) from and after
APRIL 16, 1999 then this obligation shall be va'd, tthherwise to remain in full force
P� UtrED AS TO RORj(a1
and effect. GAIL HUTTON
.CITY ATTORNEY,
SIGNED, SEALED AND DATED JULY 16, 1999 By.
Deputy City Attorney
TOWER STRUCTURES, INC. (L.S.)
(L.S.)
(L.S.)
PRINCIPAL(S)
CONTINENTAL CASUALTY COMPANY
b ��-
Y
Form G-23210-A DALE G. HARSHAW,Attorney-in•Fact
=fA
Por AL U,e Cammkmmm Yeu Mahe
State of California )
County of San Diego l
On July lb 1999 before me, Tara Bacon, Notary Public, personally
appeared Dale G. Harshaw, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS m hand and official seal. I'ARA BACON
y C� �� �' _ COMM.41132721 c7
V HO7AAY pp��ggL ALFORNA v+
SAN DIFGO CO)NTY 0
4 My COMM4310 zpires
APRIL 3.9,
PORKER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA.a Pennsylvania
corporation(herein V Aectively called"the CNA Suety Companies"),are duty organized and existing corporations having their principal offices in
the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint
.tack G.Lupien, Date G.Harshaw, Debra J.Niemeyer,_Tara Bacon, Paul C.Hughes, Carolyn M.Kert. Incriyidually w
of San Diego, California
their true and lawful Attomey(s)wrFact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,
undertalangs and other obligatory instr urnerrts of similar nature
•In unlimited Amounts-
and to land them thereby as fully and to the same extent as d such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,Pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Boards of Directors of the corporations.
In Witimss VAtereof,the CNA Sureties Companies have caused these presents m be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 28th 1 day of July 1997
CONTINENTAL CASUALTY COMPANY
Oft,
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
Y far, AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
AKY it.
st•
M.C.Vonnahme Group Vice President
State of llfinois,County of Cook,as:
On this 28th day of J 1997 ,before me personally came
M.C.Vonnatme ,m me kr►aNm,who,being by roe duty sworn.did depose and say:#%at he resides in the Village of Darien ,State of l2nois;
that he is s Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instruments that he
knows the seals of said corporations;that the seals affixed to the said irnburnent are such corporate seals;that they were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to Pike authority,and ackrwwlexfges
same to be the act and deed of said corporations.
My Commission Expires June 5,2000 Eileen T.Pachuta Notary Public
CERTIFICATE
1,Robert E.AyoRob rt F-Ayo,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is atli in force,and further certify that the By-law and Resolution of the Board of Directors of each corporation printed on the
reverse haro-if are still it force.In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this - 1 E+'' *Jay of JULY - - ,1999 .
' CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
e >7 - AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
Jay it.
SEMAL
1827 �` •
Robert I-.AyoRobert E.Ayo Assistant Secretary
J (Rev.7114195)
i
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company.
"Article IX---Execution of Documents
Section 3.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject
to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President
or any Executive, Senior or Group Vice President or the Board of Directors, may,at any time,revoke all power and authority previously
given to any attorney-in-fact
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed
and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA-
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors
of the Company.
"Article VI--Execution of Obligations and Appointment of Attorney-In-Fact
Section 2.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority previously given to any attorney-in-fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any
power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and
sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue
to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993
by the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature.Such Attomey-in-Fact,subject to the limitations set forth in their respective
certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attomey4n-Fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by tha Po3r d
of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and ti?e'sdal of tho
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board.g'Directors on
February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by_faosimiie to
any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the -
Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or-
undertaking to which it is attached,continue to be valid and binding on the Corporation." -
DECLARATION OF SATISFACTION OF CLAIMS
I, Steven_ R. Hopkins ,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 CC-1048_Givic Center 80QMHz ,
and dated_ 2/17 L9 8_ .
2. All corkers and persons employed,all firms suppl3ing materials,and all subcontractors for the
above-mentioned project have been paid in full.
3. The follotitifng are either disputed claims, or items in connection-Mth Notices to Withhold,
which have been filed under the provisions of the statutes of the State of California: (if none,
state "N'ONIV)
kdeclare under penalty of perjury that the foregoing is true and correct.
1999
Executed at mi nclen , Nevada on this 1 2th day of July
CSignarure of Contractor}
57n c-n..WS. l•.+C
gvecashccn2
JB
"� .."sue• :•� :•i:•', ::; f.r+ .
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-1048 Civic Center 800 MHz
Project No. Title
hereby certifies that all laborers, mechanics, apprentices,trainees, watchmen and guards employed
by him or by any subcontractor performing Nvork under the contract on the project have been paid
wages at rates not less than those required by the contract provisions, and that the work performed
by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in
the contract or training program provisions applicable to the wage rate paid.
Signature and Title
.. O
g:cc cbshconI
C�Lzh fig. 77d 6 oo , � l!
917 Regarded i.n t114t ,ounty of Orange, California
:,ary L. Granw.11l-e, Clerk/Recorder
IIIIIIiiiiiiIII iiiiIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111 No Fee
WHEN RECORDED MAIL TO: 19990554114 09;32am 07/29/99
CITY OF HUNTINGTON BEACH 005 17016042 17 77
Office of the City Clerk N12. 1 E,.00 0.1)0 0.00 0.00 0.00 0.00
P. O.Box 190
Huntington Beach, CA 92648 -
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City-of Huntington Beach,owner in fee,2000 Main Street,
Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of
Huntington Beach, California to Tower Structures,Incorporated who was the company thereon for a�✓
doing the following work to-wit:
Civic Center 800 MHz Project—CC-1048 /VF
That said work was completed July 19,1999 by said company according to plans and specifications and to
the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the
City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,July 19,1999.
That upon said contract Continental Casualty 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 22ndh day of July,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 )
I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the
foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California,this 22nd day of July,1999. D
City Clerk and ex-officio Clerk "
of the City Council of die City
of Huntington Beach,California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. O.Box 190
Huntington Beach,CA 92648
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
July 19, 1999
Gary Granville
County Recorder
P. 0. Box 238
Santa Ana, California 92702
Dear Sir:
Enclosed please find a Notice of Completion to be recorded and returned to the Office of
the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California
92648.
Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed
self-addressed, stamped envelope.
Sincerely yours,
e.�
Connie Brockway
City Clerk
CB/jc
Enclosure: Notice of Completion—CC-1048 —Civic Center 800 MHz Project
(Telephone:714-536-5227)
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Officc of the City Clerk
P.0.Box 190
Huntington Beach,CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 I`tain Street,
Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of
Huntington Beach,California to Tower Structures,Incorporated who was the company thereon for
doing the following work to-uIt:
Civic Center 800 MHz project—CC-1048
That said cork was completed July 19,1999 by said company according to plans and specifications and to
the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the
City Council of the City of Huntington Beach at a regular meeting thereof held on Monday
,July 19,1999.
That upon slid contract Continental Casualty Company was surety for the bond given by the said
company as required by to«•. 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 22nd4 day of July,1999.
� c
City Clerk and ex-atlicio Clerk
of the City Council of the City
of Huntington Beach,California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I,CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-ofrcio Clerk of the City
Council of the City of Huntington Brach,California do hereby certify under penalty of perjury,that the
foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COWLETION
,%vas duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California,this 22nd day of July,1999.
City Clerk and ex-officio Clerk '"
of the City Council of the City
of Huntington Beach,G-Iifornia
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P.O.Box 190
Huntington Beach, CA 92648
CITY OF HUNTINGTON BEACH
r -
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRA1<SIIIITTAL 4F ITEI%f APPROVED BY THE CITY COUNQU
REDEVELOPAIENT AGENCY OF TIFF.CITY OF IIUNTINGTON BEACH
TO: 75')Y ex 0{xy e7VfQ5, 2-;G . ATTENTION:jaNRW1-a 9• /I•p;iE OVC4
Narne
/8 9 /�� �,� �_✓L��� 2� DEPARTMENT: P e Ard i a e�i
/ REGARDrgG: eil1e, ' e&A ram. -
City,state,zip 111J �iP�•C'� �—/O S`�
See Attached Action Agenda Item Date of Approval . ,?//7hf
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
CC: q0,Ai
E
Dep"e t RCAA Arreem� Ins urancy Other
Name Department RCA Agreement Insurance Other
Name Departrent RCA Agreement Insurance Other
Name Department RCA Agreement Msarance — Other
Risk Management Dept. insurance
Received by Name-Company Name-Date
G:foIlov►vpleoverltr
`� + ITdephont:714-536-5227)
(10) 02/17/98 - Council/Agency Agenda - Page 10
E-10. (City Council) Adopt Resolution No. 98-16 Authorizing Certain City Officials To
Execute Applications And Documents To Obtain Federal And State Disaster &
Emergency Relief- (630.50) Adopt Resolution No. 98-16 - "A Resolution of the City
Council of the City of Huntington Beach Authorizing Certain City Officials to Execute
Applications and Documents to Obtain Disaster and Emergency Relief." Submitted by
the Acting Assistant City Administrator/Fire Chief (Officials designated are: Fire Chief,
or the Finance Director, or the Emergency Services Manager, or the Emergency
Services Coordinator.)
[Approved 7-0]
E-11. (Redevelopment Agency) Approve As To Form - Ocean View Promenade Office
$pace Lease Between Abdelmuti Development Company & Congressman Dana
Rohrabacher- (600.30) Approve as to form the attached lease between Congressman
Dana Rohrabacher and Abdelmuti Development Company for office space within the
Ocean View Promenade. Submitted by the Economic Development Director
[Approved 7-0]
c12. (oity Ge unnil) Adopt ResGl*utmen Also 98-15 _Wage !nGr-ease For- Non_Pemiar nt
qc�rTvrca�cs� Trw-r'rc.�z
yee'rJ Res
olution Ales 98 15 _ sa/� Ooonl,Minn of fhn �'if,i �'n„nni
77 n
UqFepFesepteel
O
FebFu Ty-24, 1998, a^,dby twe peFGeRt (22%) a#eGtiye DeGembeF 229, 4$98.) Submitted
nniiGes QmFeGte f
[Removed From Agenda]
E-13. (City Council) Approve Replacement Of Damaged Main Promenade Parking Booth -
Approve Budget Amendment- (320.45) Approve an amendment to the Fiscal Year
97/98 budget to encumber$5,398 from the General Fund to Account E-AA-CS-344-6-59-
00 for the replacement of a parking attendant booth. Submitted by the Community
Services Director
[Approved 7-0]
E-14. (City Council) Approve Design/Build Contractor Agreement For The Civic Center
800 Mhz Proiect - CC-1048 -Tower Structures, Inc. -Approve Settlement
Committee Recommendation Re: Insurance Provisions - (600.80) Approve and
authorize the Mayor and City Clerk to execute the attached Design Build Contract with
Tower Structures, Incorporated for a fee of$222,757 to provide design/build
construction services for the Civic Center 800 Mhz project; and approve the Settlement
Committee recommendation to accept the contractor's completed operations/product
liability coverage in-lieu of professional liability coverage. Submitted by the Public
Works Director
[Approved 7-0]
(10)
ar&ley-PW
CITY OF HUNTINGTON BEACH onnc
MEETING DATE: July 19, 1999 DEPARTMENT ID NUMBER:PW 99-069
Council/Agency Meeting Held: 1' ! 60040
7Approve _,,?f.o2n=jMp1
rred/Continued to: roved Denied V leek's Signature
Council Meeting Date: July 19, 1999 Department ID Number: PW 99-069
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �` -'- nM
mClrn
SUBMITTED.BY: RAY SILVER, City Administra or c/x,crit�� -� C-3:x
�� 2C�i�c ,a w
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works o
SUBJECT: Accept the Civic Center 800 MHz Project CC-1048 and File a Notice
of Completion
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Tower Structures, Incorporated, has completed its contract for the
construction of the Civic Center 800 MHz Project CC-1048.
Funding Source: Sufficient Orange County 800 MHz funds were authorized for the original
Design/Build project. $6,430 in additional 800 MHz funds are available in account number
E-I R-N D-128-6-62-00.
Recommended Action: Motion To:
1. Accept the Civic Center 800 MHz Project; CC-1048 at a final cost of $229,187, and
authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office;
and
2. Authorize an increase in the project budget of $6,430 to cover additional costs not
included in the original Design/Build contract.
Alternative Action(s): None.
Analysis: On February 17, 1998, Council awarded a contract to Tower Structures,
Incorporated, in the amount of $222,757 for the installation of the 800 MHz County-wide
communication system. The adopted project budget did not include funds to cover potential
change orders.
1048/notice of completion/RCA -2- 07/01/99 11:34 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: July 19, '1999 DEPARTMENT ID NUMBER:PW 99-069
The improvements are now complete per the approved 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: $222,757 $222,757
2. Change orders: 6,430*
Total: $222,757 $229,187
*One change order in the amount of$6430 was required to complete the project.
Provide 3 additional circuits for back-up battery system and provide additional steel to
support rooftop screening.
Public Works Commission Review: Not required, per Municipal Code Chapter 2.111.
Environmental Status: Not applicable.
Attachment(:
City Clerk's
Page Number No. Description
RCA Author. Charlonne-Mim
10481notice of comptetiontRCA -3- 0710119911:34 AM
I
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Accept The Civic Center 800 MHz Project; CC-1048 and
File a Notice of Completion
COUNCIL MEETING DATE: .July 19, 1999
RCA ATTACHMENTS STATUS
Ordinance (wlexhibits & legislative draft if applicable) Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map 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 (Unbudget, 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 T_ Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOR DED
Administrative Staff ( ) ( }
Assistant City Administrator (Initial) ( ) ( )
City Administrator (initial) ( ) { )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author. Charlonne
Council/Agency Meeting Held:
Deferred/Continued to:
M-Approved ❑ Conditionally Approved ❑ Denied City Cle s Signature
Council Meeting Date: 2/17/98 Department ID Number: PW 98-020
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, Acting City Administrator eN IY
PREPARED BY:P Les M. Jones II, Director of Public Works
SUBJECT: Approve Design/Build Contractor for thepuo�'
Center 800 MHz
Project; CC 1048
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Aftachment(s)
Statement of Issue: Proposals were requested from qualified design/build contractors to
design, fabricate and install a roof-top antenna support frame and associated support
systems for the Civic Center 800 MHz project.
Funding Source: Sufficient Orange County 800 MHz funds are available in Account
Number E-CP-PD-611-6-62-00.
Recommended Action: Motion to:
1. Approve and authorize the Mayor and City Clerk to execute the attached design/build
contract with Tower Structures, Incorporated, for a fee of$222,757 to provide
designibuild construction services for the Civic Center 800 MHz project; and
2. Approve the Settlement Committee recommendation to accept the contractor's
completed operations/product liability coverage in-lieu of professional liability
coverage.
Alternative Action(s): Deny approval of the agreement and provide staff with alternative to
proceed or forgo the project.
.REQUEST FOR COUNCIL ACTION
MEETING DATE: 2/17198 DEPARTMENT ID NUMBER:PW 98-020
Analysis: The 800 MHz Communication Project requires a number of selected antenna
sites throughout the county. It is advantageous to have the communication site located at the
Huntington Beach Civic Center for better access during disasters such as earthquakes and
floods.
Under the terms of the Memorandum of Understanding between the City of Huntington
Beach and the County of Orange, which was approved by the City on December 16, 1996,
the County will provide 100% of the funding necessary for the total design and construction
of the site.
On October 20, 1997, the following design/build firms were sent Request for Proposals
(RFPs).
• Valmont/Microflect, Salem Oregon
• FWT, Fort Worth Texas
• Tower Structures, Incorporated, Chula Vista California
Tower Structures, Incorporated was the only firm to reply to the RFP. The other firms were
not able to submit proposals due to current workloads. Tower Structures, Incorporated
comes highly recommended by the County of Orange, ABC-TV.and RKO Television. The
Fee represented in their proposal is within the anticipated project budget and they have
demonstrated an ability to meet the design and construction time constraints.
Environmental Status: The California Environmental Quality Act (CEQA) impacts will be
determined during the design phase of the project.
Attachment(s):
City Clerk's
Page Number
1. Agreement
2, Bonds and Insurance
3. Insurance Waiver Form
RCA Author. Charlonne
0030112.01 -2- 02/10/98 3:32 PM
DESIGN/BUILD AGREEMENT
THIS DESIGN/BUILD AGREEMENT (the "Agreement"), made and entered into
this 17 day - of Ie6R v d-) , 199 t, by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter
referred to as "CITY", and TOWER STRUCTURES, INC., a California corporation,
hereinafter referred to as "DESIGN/BUILDER."
Hereinafter, the CITY and the DESIGN/BUILDER may be referred to collectively as
the "Parties".
RECITALS•
WHEREAS, CITY desires to obtain services for the design, engineering and
construction of the frame and supporting structure for an 800 MHz Communications Antenna
and Microwave Dish System in the City of Huntington Beach (the "Project"); and
WHEREAS, the CITY issued a Request For Proposals for the Project on October 10
1997, ("RFP"); and
WHEREAS, DESIGN/BUILDER submitted a proposal to CITY in response to the
RFP on November 5, 1997, ("Proposal"),
WHEREAS, based upon the evaluation criteria and competitive selection procedure set
forth in the RFP, DESIGN/BUILDER has been selected to perform, either directly or pursuant
to Subcontracts, the design, engineering and construction services set forth in this Agreement
and the Contract Documents.
NOW, THEREFORE, it is agreed by CITY and 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 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 the following tasks:
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A. Preparation of conceptual plans;
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 Donald G. Weirauch, an individual, who
shall represent DESIGNIBUILDER and be its contact for contractural documents and Tony P.
Sierra, Project Manager, contact for project specifics 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:
i`
B. The RFP, attached hereto as Exhibit A;
C. The DESIGN/BUILDER's Proposal, attached hereto as Exhibit
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.
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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.
ARTICLE 3
QVMR'S DUTIES AND RESPONSIBILITIES
3.01 Qwner 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 Qwner'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 Qwner'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 seven (7)
calendar days written notice to the DESIGN/BUILDER, and without prejudice to any other
remedy the CITY may have, make good such deficiencies. In such case, an appropriate
Change Order shall be issued deducting from the payments then or thereafter due the
DESIGNIBUILDER the cost of correcting such deficiencies. If the payments then or
thereafter due the DESIGNIBUILDER 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.
3
ARTICLE 4
TIME OF PERFORMANCE
4.01 , ntrac 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 ten (10) 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 Sghedula. 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 DESIGNIBUILDER in writing.
4.03 Delays and Extensions of Time.
A. If the DESIGNIBUILDER 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 DESIGNIBUILDER'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
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. Ini the event the DESIGN/BUILDER's work has
been delayed by acts constituting interference by the CITY, the
DESIGNIBUILDER shall be entitled to reimbursement for its reasonable
additional costs resulting from such delays but not for any additional profit or
overhead.
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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 DESIGN/BUILDER, other than those
caused by delay in achieving Substantial Completion.
ARTICLE 5
CONTRACT PRICE
5.01 In consideration of DESIGN/BUILDER's performance of the Work described
herein, CITY agrees to pay DESIGN/BUILDER the Lump Sum Contract Price of. Two
Hundred Twenty Two Thousand Seven Hundred Fifty Seven Dollars ($222,757) 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
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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
DFSIGNIBUILDER is entitled to payment in the amount requested.
B. In submitting each Application For Payment; DESIGN/BUILDER warrants
that: title to all Work covered by each Application for Payment shall pass to the
CITY no later than the time of payment. The DESIGNIBUILDER further
warrants that all Work covered by the previous Application for Payments is free
and clear of liens, claims, security interest or other encumbrances.
C. Each Application for Payment shall:
1. Reference this Agreement;
2. Describe the services performed;
3. Include an estimate of the percentage of Work completed;
4. Show the total amount of the payment due;
S. 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
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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 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.
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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
Est 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
("Punchlist") and fixing the time within which DESIGN/BUILDER shall complete the
Punchlist items and achieve Final Completion.
6.06 Final Completion and Final Payment.
A. When the DESIGN/BUILDER considers that the Work is finally complete, the
DESIGN/BUILDER shall so notify the CITY. The CITY will inspect the Work
and will either reject the request or accept the Work as evidenced by the
recordation of a Notice of Completion.
B. Neither final payment nor any final release of retainage shall become due to
DESIGN/BUILDER until sixty (60) days following CITY's recordation of a
Notice of Completion and the DESIGN/BUILDER submits to the Owner:
1. An affidavit that all payrolls, bills for materials and equipment and other
indebtedness connected with the Work for which the CITY might in any
way be responsible, have been paid or otherwise satisfied;
2. Consent of surety to final payment;
3. Data establishing payment or satisfaction of all obligation such as
receipts, releases and waivers from all persons legally eligible to file
stop notices in connection with the Work;
4. Submittal of Records, Drawings and Documents in reproducible format;
5. Submittal of warranties, operational and maintenance manuals and other
submittals required by the Contract Documents; and
6.07 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.
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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;
C. Normal weather conditions;
D. Observable physical-conditions at the site;
E. The surface conditions of the ground; and
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F. The character of the equipment and facilities needed prior to and during the
performance of the Work.
8.02 Rcyiew f n D"uments gndField n lI
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. 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 DESIGNIBUILDER 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. 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
DESIGNBUILDER, 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.
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8.04 Before-Stgrrt ngWork.
A. DESIGN/BUILDER shall submit the following for review within ten (10)
calendar days after issuance of the Notice to Proceed.
1. A preliminary Project Schedule indicating the times (numbers of days or
dates) for starting and completing the various stages of the Work including
each Milestone specified in the Contract Documents;
2. A preliminary schedule of required Submittals and the times for submitting,
reviewing and processing each submittal;
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 jQ!Qnrerengg. 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 PreliminaOLSubmiltaI5.
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. CI TY'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.
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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 Cart. 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 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;
a
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
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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 DESIGNIBUILDER 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
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. DESIGNIBUILDER
shall provide or cause to be provided and shall pay for design services, labor,
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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
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
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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 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 provided under this agreement.
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.
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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 DESIGNIBUILDER.
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 Iisted as an
additional insured on the property insurance provided for herein, the agreement between the
DESIGNIBUILDER 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 Iosses and
damages caused by any of the perils or causes of Ioss 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
IRMMS
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;
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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
M- ENMFICATIO�T
14.01 To the fullest extent permitted by law, the DESIGN/BUILDER hereby assumes
Iiability 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 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. 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.
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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.
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
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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 Profl:.ss ional—Liability Insurance. The professional liability insurance
requirements of Resolution 9720 are hereby waived.
15.0 Prior to commencing
performance of the Work hereunder, DESIGN/BUILDER shall furnish to CITY certificates of
insurance, subject to approval of the City Attorney, evidencing the foregoing insurance
coverages required by this Agreement; said certificates and endorsements shall:
A. Name the CITY as an additional insured with the sole exception of professional
liability insurance;
B. Provide the name and policy number of each carrier and policy;
C. Shall state that the policy is currently in force; and
D. Shall promise that such policies shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty days prior
written notice to the CITY; however, ten days prior written notice in the event
of cancellation for nonpayment of premium.
15.05 DESIGN/BUILDER shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY. The
requirement for carrying the foregoing insurance coverages shall not derogate from the
provisions for indemnification of CITY by DESIGN/BUILDER under the Agreement. CITY
or its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. DESIGN/BUILDER shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
ARTICLE 16
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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 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
DESIGNIBUILDER, without further acknowledgement by the Parties.
ARTICLE 17
PERMITS
17.01 Unless otherwise provided in the Contract Documents, DESIGN/BUILDER
shall directly or through one or more subcontractors obtain and pay for all necessary permits
and licenses. CITY shall assist DESIGN/BUILDER, when necessary, in obtaining such
permits and licenses. DESIGN/BUILDER shall pay all governmental charges and inspection
necessary for the prosecution of the construction, which are applicable on the last day for
receipt of proposals. DESIGN/BUILDER shall pay all charges of utility owners for
connections to the Work, and CITY shall pay all charges of such utility owners for capital
costs related thereto.
ARTICLE 18
LAWS AND BEC-11LATIONS
18.01 DESIGNBUILDER shall give all notices and comply with all laws and
regulations of the place of the Project which are applicable to furnishing and performance of
the Work. Except where otherwise expressly required by applicable laws and regulations,
CITY shall not be responsible for monitoring DESIGNIBUILDER's compliance with any laws
or regulations.
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18.02 If DESIGNBUILDER performs any work knowing or having reason to know
that it is contrary to laws or regulations, DESIGNBUILDER shall bear all costs arising
therefrom.
18.03 Changes in 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 DESIGNBUILDER 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
S�E.SITF 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 DESIGNBUILDER's
performance of the construction.
20.02 During the performance of the construction, DESIGNBUILDER shall keep the
premises free from accumulations of waste materials, rubbish and other debris resulting from
the construction. At the completion of the construction DESIGNIBUILDER shall remove all
waste materials, rubbish and debris from and about the premises as well as all tools,
appliances, construction equipment, temporary construction and machinery and surplus
materials. DESIGNBUILDER shall leave the Site clean and ready for occupancy by CITY at
substantial completion. DESIGNIBUILDER shall restore to original condition all property not
designated for alteration by the Contract Documents.
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20.03 DESIGNBUILDER shall not load nor permit any part of any structure to be
loaded in any manner that will endanger or damage the structure, nor shall
DESIGNBUILDER subject any part of the Work or adjacent property to stresses or pressures
that will endanger or damage it.
ARTICLE 21
SAFETY AND PROTEMON
21.01 DESIGNBUILDER shall be solely responsible for initiating, maintaining and
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. DESIGNIBUILDER shall notify owners of adjacent property and of
underground facilities and utility owners when prosecution of the Work may affect them, and
shall cooperate with them in the protection, removal, relocation and replacement of their
property. All damage, injury or loss to any property caused, directly or indirectly, in whole
or in part, by DESIGNBUILDER, any subcontractor, supplier or any other individual or
entity directly or indirectly employed by any of them to perform or furnish any of the work or
anyone for whose acts any of them may be liable, shall be remedied by DESIGNBUILDER.
DESIGNBUILDER's duties and: responsibilities for safety and for protection of the
construction shall continue until such time as all the work in completed and CITY has issued a
notice to DESIGN/BUILDER in accordance with Section 12.09 that the work is acceptable
(except as otherwise expressly provI ded in connection with Substantial Completion).
21.03 Safety Rep er tentative. DESIGNBUILDER shall designate a qualified and
experienced safety representative at the Site whose duties and responsibilities shall be the
prevention of accidents and the ':maintaining and supervising of safety precautions and
programs.
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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
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variation by specific written notation thereof incorporated in or accompanying the submittal.
24.03 Where a submittal is required by the Contract Documents of related
construction provided prior to CITY's review and approval of the pertinent submittal will be at
the sole expense and responsibility of DESIGNBUILDER.
ARTICLE 25
CGti'TINU ISG THE DRK
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 DESIGNBUILDER and CITY
may otherwise agree in writing.
ARTICLE 26
DESIGNBUILDER'$ GENERAL WARRANY AND GUARANIEE
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 DESIGNBUILDER or by its Subcontractors, sub-subcontractor of any tier Vendors or
Material Suppliers for the Work shall be new, merchantable, of the most suitable grand and fit
for their intended purposes. Work not conforming to these requirements, including
substitutions no properly approved and authorized, shall be considered defective. Approval of
any material or Work at any time or stage of construction will not prevent its subsequent
rejection for cause. The DESIGN/BUILDER shall jointly assign all its rights and interests in
warranties of Vendors and Material Suppliers to the CITY and Owner upon Substantial
Completion in a fashion that meets the specifications of this Section.
26.02 DESIGNBUILDER's obligation to perform and complete the Work in
accordance with the Contract Documents shall be absolute. None of the following will
constitute an acceptance of work that is not in accordance with the Contract Documents or a
release of DESIGNBUILDER's obligation to perform the Work in accordance with the
Contract Documents:
A. Observations by CITY;
B. The making of any progress or final payment;
C. The issuance of a certificate of substantial compliance;
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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 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 DESIGNBUILDER is obligated
to correct all such defects, whether these defects are discovered before or after the Date of
Final Completion, and whether or not the defective Work has been fabricated, installed or
completed. Access to building's interior for corrective work shall be closely coordinated with
the CITY so as not to conflict with scheduled events taking place within. The
DESIGN/BUILDER shall obtain approved "Dark Days" from CITY prior to commencing
corrective measures of defective work. The DESIGNBUILDER shall bear all costs of
correcting such rejected and defective Work, including access to the Work and removal and
replacement of non-defective Work which is needed in order to correct defective Work, and
also including compensation for the Architect's or Owner's Representative additional services
made necessary thereby.
26.04 In the event the DESIGNBUILDER has been notified of any defect in the
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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
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
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will the CITY's assignment of its Warranty Rights alter either the scope of Warranty Period of
DESIGNBUILDER's Article 26 Warranties.
ARTICLE 27
PREVAILING 3 AGE
27.01 DESIGNBUILDER shall pay at least the minimum prevailing per diem wages
as provided in Section 1773, et seq, of the Labor Code for each craft, classification or type of
workman required as set forth by the Director of Industrial Relations of the State of
California.
ARTICLE 28
C11ANVIES 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,
DESIGNBUILDER will undertake such work after receiving written authorization from
CITY. Additional compensation for such extra work shall be allowed only if the prior written
approval of CITY is obtained.
28.02 DESIGNBUILDER shall adhere strictly to the plans and specifications set forth
in the Contract Documents unless a change therefrom is authorized in writing by the CITY.
DESIGNBUILDER agrees to make any and all changes, furnish materials and perform all
work necessary within the scope of the PROJECT as the CITY may require in writing. Under
no condition shall DESIGNBUILDER make any changes without the written order of the
CITY, and CITY shall not pay any extra charges made by DESIGN/BUILDER that have not
been agreed upon in writing by the CITY.
28.03 When directed to change the work, DESIGNBBUILDER shall submit
immediately to the CITY a written Cost Proposal reflecting the effect of the change. Should
the CITY not agree to such cost proposal, the Work shall be performed according to the
changes ordered in writing by the CITY and the proper cost thereof shall be negotiated by the
Parties upon cost and pricing data submitted by the DESIGNBUILDER; thereupon, CITY
will promptly issue an adjusted change order to DESIGNBUILDER and the Contract Price
and/or Contract Time will be adjusted upward or downward accordingly.
28.04 Claims. The DESIGNBUILDER may submit one or more claims in the form
of Cost Proposals for any requested adjustment in the Contract Price or Contract Time
pursuant to the provisions of this Agreement. -In such case, the 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.
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ARTICLE 29
TESIS ANDMISPECTIO_NS 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 Q Construction. CITY, CITY's consultants, other representatives and
personnel of CITY, independent testing laboratories and governmental agencies with
jurisdictional interests will have access to the construction at the site at reasonable times for
their observation, inspection and testing. DESIGNBUILDER shall provide them proper and
safe conditions for such access and advise them of DESIGN/BUILDER'S site safety
procedures and programs so that they may comply therewith as applicable.
29.03 Tests And InspeeflollS.
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
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 DESIGNIBUILDER's expense unless DESIGNBUILDER 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.
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29.04 Ulicovexing Conk ruction.
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-1iay_ 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.
29.06 Carcction Or Removal Qf_Jkfectiyc Construction. CITY will have
authority to disapprove or reject defective construction and will have authority to require
special inspection or testing of the construction whether or not the construction is fabricated,
installed or completed. If required by CITY, DESIGNIBUILDER shall promptly, as directed,
either correct all defective construction whether or not fabricated, installed or completed, or, if
the construction has been rejected by CITY, remove it from the site and replace it with
nondefective construction. DESIGNIBUILDER 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
jmrA-/g:agrcM owe r1/V4)9&
29.07 Correction Period.
A. If within one year after the date of Substantial Completion or such Ionger period
of time as may be prescribed by laws or regulations or by the terms of any
applicable special guarantee required by the Contract Documents or by any
specific provisions of the Contract Documents, any construction is found to be
defective, DESIGNBUILDER shall promptly, without cost to CITY and in
accordance with CITY's written instructions, (i) correct such defective
construction, or if it has been rejected by CITY, remove it from the site and
replace it with construction that is not defective, and (ii) satisfactorily correct or
remove and replace any damage to other construction or the work of other
resulting therefrom. If DESIGNBUILDER does not promptly comply with the
terms of such instruction, or in an emergency where delay would cause serious
risk of 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
DESIGNBUILDER.
B. In special circumstances where a particular item of equipment is placed in
continuous service before Substantial Completion of all the construction, the
correction period for that time may start to 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. DESIGNIBUILDER 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 DESIGNBUILDER to CITY.
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29.09 !CityAiay-Correct D&ctiyr. 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 DESIGNIBUILDER fails
to perform the construction in accordance with the Contract Documents, or if
DESIGNIBUILDER fails to comply with any other provision of the Contract Documents,
CITY may, after seven days written notice to DESIGNBUILDER, correct and remedy any
such deficiency. In exercising the rights and remedies under this Section CITY shall proceed
expeditiously. In connection with such corrective and remedial action, CITY may exclude
DESIGNIBUILDER from all or part of the site, take possession of all or part of the
construction, and suspend DESIGNBUILDER's services related thereto, take possession of
DESIGNIBUILDER's tools, appliances, construction equipment and machinery at the site and
incorporate in the construction all materials and equipment it stored at the site or for which
CITY has paid DESIGN/BUILDER but which are stored elsewhere. DESIGNBUILDER
shall allow CITY, CITY's representative, agents and employees, CITY's other contractors
and consultants access to the site to enable CITY to exercise the rights and remedies under this
Section. All costs and damages incurred or sustained by CITY in exercising such rights and
remedies shall be charged against DESIGNBUILDER and a change order will be issued
incorporating the necessary revisions in the Contract Documents and CITY shall be entitled to
an appropriate decrease in the contract price, and, if the parties are unable to agree as to the
amount thereof, CITY may make a claim therefor as provided herein. Such costs and damages
will include but not be limited to all fees and charges of engineers, architects, attorneys and
other professionals, all court or arbitration or other dispute resolution costs and al costs of
repair or replacement of work of others destroyed or damaged by correct, removal or
replacement of DESIGNBUILDER's defective construction. 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 DESIGNBUILDER that the entire
construction or an agreed portion thereof is complete, CITY will make a final inspection with
DESIGNIBUILDER and will notify DESIGNIBUILDER in writing of all particulars in which
this inspection reveals that the construction is incomplete or defective. DESIGNIBUILDER
shall immediately take such measures as are necessary to complete such construction or
remedy such deficiencies.
ARTICLE 30
IMEEENDE TDEE.SIGNMUILDER
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
DESIGNIBUILDER and its officers, agents and employees and all business licenses, if any, in
connection with the services to be performed hereunder.
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ARTICLE 31
TERMINATION OF AGREE11iENT
31.01 All Work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate DESIGNIBUILDER's services hereunder at any time, with or
without cause, and whether or not the Project is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
DESIGNBUILDER as provided herein.
31.02 In the event of termination for convenience, the DESIGNBBUILDER will be
compensated for the reasonable value of the Work performed prior to the termination. In the
event the DESIGNBUILDER defaults or persistently fails or neglects to carry out the Work in
accordance with the Contract Documents, CITY may give written notice that CITY intends to
terminate the performance of the Work. If the DESIGN/BUILDER fails to correct the failure
of performance within seven (7) calendar days after being given notice, the Owner may,
without prejudice to any other remedy, correct such deficiencies and may deduct the cost
thereof from any payment due the DESIGNBUILDER or, at the Owner's option, may
terminate the employment of the DESIGNBUILDER and take position of the site and of all
materials located on the site as well as all drawings, plans and specifications and finish the
Work by whatever means the CITY may deem expedient. When the Owner terminates the
DESIGNBUILDER for default as provided for herein, the 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 DESIGNBUILDER and its surety
shall pay the difference to the CITY.
ARTICLE 32
DISPUTE RESOLUTION
32.01 Any dispute which cannot be resolved between the Parties shall be resolved
through Iitigation 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. DESIGNBUILDER agrees to incorporate
the provisions of this Article into all subagreements and subcontracts and to obtain express
waives from all subcontractors and subconsultants of rights concerning change of venue.
ARTICLE 33
ASSIGNMENT-AM ASSIGnIENT-AM SUBCONTRACTING
33.01 DESIGNBUILDER shall not sell, assign, transfer, convey or encumber this
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Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
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
fIT _E1TPL!DyEES A 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 DESIGNMUILDER's agent (as
designated in Section I 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 DESIGNIBUILDER:
Director of Public Works Donald G. Weirauch, Vice President
City of Huntington Beach Tower Structures, Inc.
2000 Main Street 1869 Nirvana Avenue
Huntington Beach, CA 92648 Chula Vista, CA 91911
ARTICLE 37
�'Ap,'101r'S
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.
33
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ARTICLE 38
IMMIGRATIOiI
38.01 DESIGNBUILDER shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply with
the provisions of the United States Code regarding employment verification.
ARTICLE 39
39.01 DESIGNBUILDER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. DESIGN/BUILDER understands that pursuant
to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
DESIGNBUILDER.
ARTICLE 40
ATT�O TEY'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
fiEVFRARTLITY
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
34
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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
Tower Structures, Inc. municipal corporation of the State of
California
By:
Steve Hopkins, President
>l�q,
ayor
A
By.
Claire Hopkins, Secretdry ATTEST:
License Number: L64S l 3
Cbai5 A,it, c-its, c--7, c—si City Clerk
Expiration Date: 5131 1
APPROVED AS TO FORD!:
REVIEWED AND APPROVED:
t AttQmey
y
Cit dministrator INITI D A D A OVED: '
Director o Publi Works
35
jmp/k/g:agreehower//11/26/97
DFSIGNIBUILD AGREEMENT
TABLE QF CONTENTS
a es
ARTICLE I WORK STATEMENT. .......................................................................................I
ARTICLE 2 CONTRACT DOCUMENTS...............................................................................2
ARTICLE 3 OWNER'S DUTIES AND RESPONSIBILITIES................................................3
ARTICLE 4 TINfE OF PERFORMANCE. ..............................................................................4
ARTICLE 5 CONTRACT PRICE. ..........................................................................................5
ARTICLE 6 PAYMENT�AND_ ONIPLETIQN.......................................................................5
ARTICLE 7 PROJECT DOCUMENTS...................................................................................9
ARTICLE 8 DEaIGN/BUILDER REPRESENTATIONS AND RESPONSIBILITIES ...........9
ARTICLE 9 DESIGN PHASE SERVICES............................................................................12
ARTICLE 10 CONSTRUCTION PHASE SERVICES............................................................13
ARTICLE I I OPERATIQ_NAL PHASE..................................................................................15
ARTICLE 12 SUBCQNTRACTORS._S MPLIERS AtMMHERS........................................15
ARTICLE13 NDS.............................................................................................................16
ARTICLE 14 M- ENINIFICATIQ_N........................................................................................17
ARTICLE 15 INSURANCE....................................................................................................18
ARTICLE I6 PATENT-LEES AND ROYALTIES..................................................................20
ARTICLE 17 EP_ R14_ TITS ........................................................................................................20
ARTICLE IS LANVS AND REGULATIONS .... ....................................................................21
ARTICLE19 TAXES..............................................................................................................21
ARTICLE 20 USE OF SITE AND OTHER AREAS ...............................................................21
ARTICLE 21 SAFETY AND PROTECTION..........................................................................22
ARTICLE 22 HAZARD COMMUNICATION PROGRAMS..................................................23
i
ARTICLE 23 EMERGENCIES...............................................................................................23
ARTICLE 24 SUBMITTALS..................................................................................................23
ARTICLE 25 CONTINUING THE WORK.............................................................................24
ARTICLE 26 DESTONL/B-IMMER'S QENERAL WARRANTY AND GUARANTEE............24
ARTICLE 27 PREVATLNG WAGE........................................................................................26
ARTICLE 28 CHANGES IN THE WORK AND CLAIMS .....................................................27
ARTICLE 29 TESTS AND INSPECTIONS CORRECTION,REMOVAL
4R ACCEPTANCE OF DEFECTIVE Q QNSTRUCTiON.................................28
ARTICLE 30 INDEPENDENT DESIGN/BUILDER...............................................................32
ARTICLE 31 TERMINATION OF AGREEMENT.................................................................32
ARTICLE 32 DISPUTE RESQLUTION.................................................................................32
ARTICLE 33 AS 1GNMENT AND SUBCONTRACTING....................................................33
ARTICLE 34 COPYRIGHTS/PATENTS................................................................................33
ARTICLE 35 CITY EMPLOYEES AND QFFICIALS............................................................33
ARTICLE 36 NOTICES. ........................................................................................................33
ARTICLE37 CAPTIONS ......................................................................................................34
ARTICLE 38 IMMISRATION................................................................................................34
ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED...............................34
ARTICLE 40 ATTORNEY'S FEES........................................................................................34
ARTICLE41 SEVERABTLITY...............................................................................................34
ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED.............................35
ii
State of California )
County of San Diego )
On December 29. 1992 before me, Darci Lyn_Dora. Notary Public,
personally appeared Tara Bacon, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his
signature on the instrument the person(s), or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
DARCJ tyN DORA
N _ NOTARY I.#1156632 A
UqjdaFORNjq go
CJ ,y,r SAN MEGO COUNTY 0
Commission Expires
�� 1s1EPrRIBER 26,2oo1
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
corporation(herein collectively called"the CNA Surety Companies"),are duly organized and existing corporations having their principal offices in
the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint
Jack G. Lupien, Dale G. Harshaw, Debra J. Niemeyer, Tara Bacon, Paul C. Hughes, Carolyn M. Keri, Individually
of San Diego, California
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,duly
adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their corporate seals to be hereto affixed on this 28th ° day of July 1997
CONTINENTAL CASUALTY COMPANY
QgSc �A � fic �0� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
a AXY 31. .,
ov SEAL g ``� • . NO2
1891
M.C.Vonnahme Group Vice President
State of Illinois, County of Cook,ss:
On this 28th day of July 1997 before me personally came
M.C.Vonnahme ,to me known,who,being by me duly swom,did depose and say:that he resides in the Village of Darien ,State of Illinois;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he
knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges
same to be the act and deed of said corporations.
�'I.Pi
W NOTARY
q Co.
My Commission Expires June 5,2000 Eileen T. Pachuta Notary Public
CERTIFICATE
1,Robert E.AyoRobert E.Ayo,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this 29TH. day of DECEMBER 1997 .
CONTINENTAL CASUALTY COMPANY
2�� ► ,�� .�p1�Mroe NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
Ov SEALS lull I•
•
1697 MAN�� •
Robert E.AyoRobert E.Ayo Assistant Secretary
(Rev.7/14/95)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Poway of Attorney is made and executed pursuant to and by suthority of the following By-Lsm duty adopted by the Board of Directors
of the Company.
•Article D(-xeeutlon of Documents
Section 3.Appointment of Attamey-ir-fact The Chairman of the Board of Directors,the President or any Executive.Senior or
Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to ad ii beW of the Company in the
execution of policies d insurance,bo)ds,undertakings and other obligatory irtistnnw is of like ttiature.Such atttrneys4 tad,sAed
to the imitations set forth in their respective eerti&ates of authority,shall have fit{power to bind the Company by their s4natre and
execution of any such instrtanertts and to attach the seat of the Company thereto.The Chairman of the Board of Directors,the President
or any Executive,Senior or Group Vice President or the Board of Directors.may,st any time,revoke all power and authority previously
given to any attQmeyin-feet
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duty called and held on the 17th day cf February,19M.
Resolved,that the signature of the President or any Execr*ve,Senior or Group Vice President and the seal of the Company may
be affixed by facsirru'ie on any power of attorney granted pursuant to Section 3 of Article IX of the By-laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any Power or certificate bearing such facsimile sgnadre and seal shall be valid and binding on the Company.Any such power so executed
and seated and certified by cwtfK*te so executed and sealed shall,with respect W any bond or undertaking to which It Is attached,
continue to be valid and binding on the Company.'
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANi -
This Power of Attorney Is made and executed pursuant to and by audxxity of the following By-Law duly adopted by the Board of Directors
of the Company.
'Article VI--Executkm of obligations and Appointment of Aft orneyin-Fact
Section 2 Appointment of Aftomeyirn4kt The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attomeys-ir�fad to ad in behalf of the Company in the execution of
policies of insurance.bonds.undertakings and other obligatory instruments of Ike native.Such attorneys-vrfact,subject to the limitations
act forth in their respective certificates of authority,shall have full power to bind the Company by ttv it signature and execution of any such
instrurn its and to attach the seat d the Company thereto.The President or any Executive,Senior or Group We President may at any time
revoke all power and authority previously given to any attorney-in-fact'
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly called and held on the 17th day of February,1993.
'Resolved,that the signature of the President or any Executive.Senior or.Group Vice President and the seat of the Company may
be affixed by facsiniie on any Power of attorney grew pursuant to Section 2 of Article VI of the By-laws,and the sigrsatture of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any
power or certificate bearing such facsimile signature and seat shall be valid and binding on the Company.Any such power so executed and
sealed and certified by ate so executed and sealed shall.with respect to any bond or undertaking to which it is attached,continue
to be valid and bndmg on the Company.'
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,19M
by the Board of Directors of the Company.
"RESOLVED:That the President an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint by written certificates.Attorneys-in-Fad to act in behalf of the Corporation in the execution of policies of irmurance,bonds,
undertakings and other oblatory hshtunents of Ike nature.Such Attorney-in-Fact,subject to the limitations set forth In thw respective
certificates of authority,stag have full power to bind the Corporation by theme s4ntue and execution of any such instrwnent and to attach
the seal of the Corporation thereto.The President an Executive Vice President any Senior or Group Vice President or the Board of Directors
may at any time revoke ai power and authority previously given to any Attorneyin-Fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Diirectnrs of the Company at a meeting duty called and held on the 17th day of February,1993.
RESOLVED:That the signature of the President;an Executive Vice President or any Senior or Group Vice President and Bore seal of fine
Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Director on
February 17,1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to
any certificate of any such power.and any power or certificate bearing such facsimile signature and seal shag be valid and bh nng on the
Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or
Undertaking to which it is attached,continue to be valid and binding on the Corporation"
I have received Performance Bond No. 158872718 - Continental Casualty Company and
Payment Bond No. 158872718 - Continental Casualty Company.
Re: CC- . 1048 - Tower Structures, Inc. - Civic Center, 800 Mhz Project
Action Agenda of February 17, 1998 and RCA Attached
Dated:
By:
�11fIIIMC�/10Y -
OVA
BOND NUMBER: 158872718
PREMIUM: $3,208.00
PERFORMANCE BOND
CALIFORNIA PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS: That we , TOWER STRUCTURES, INC. -
-� , Principal,
and CONTINENTAL CASUALTY COMPANY , Surety,
a corporation organized and existing under the laws of the State of ILLINOIS and
authorized to transact surety business in the State of California, are held and firmly bound unto
E CITY OF HUNTINGTON BEACH CALIFORNIA
Obligee,
in the sum of ,3XQ HUNDRED TWENTY—TWO,THOUSS ND_,SLV N HUNDRED I — -----
----------------- --- ---------------------------- --- -------- Dollars ($222,757.00----)
for the payment of which we bind ourselves, our legal representatives, succeessors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated
for CIVIC CENTER 800 MHZ PROJECT CC 1048
copy of which contract is by reference made a part hereof.
NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save
harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation
shall be null and void; otherwise it shall remain in full force and effect. No right of action shall accrue under
this bond to or for the use of any person other than the said Obligee.
Signed, sealed and dated DECEMBER 29, 1997
JR STRUCTURES, IN _
C� (Seal)
k., .0 F Principal
CLIL F-1,70 CONTINENTAL CASUALTY COMPANY
Di r I 1-y Attorney, TARA BACON, attorney-in-Fact
G•23260-A
Fv-r�a.f
State of California )
County of San Diego_)
4n December 29._1997 before me, Darci Lyn Dora. Notary Public,
personally appeared Tara Bacon, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his
signature on the instrument the person(s), or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
":-•. CARCI LYN DORA
V COMM 0115W2 cs
- a NOT,aRYPUrltGC,4lGRNI1l N
Barr �c�a covNrtr
AAy Comm+salon£xp+tes
y£PT£btB£R 26.2901
• POWER OF ATTORNEY APPOIN'MiG 1NDrMUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an IFmois corporation,NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD.a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania
corporation(heroin collectively called'the CNA Surety Companies'),are duly organized and&*ting corporations having their pnr=pal offices In
the City of Chicago,and State of Irinois,and that they do by virtue of the signature and seals herein offxed herby make,constitute and appoint
_Jack G.Lupien, Dale G.Harshaw, Debra J.Niemeyer, Tarn Bacon, Paul C.Hughes, Carolyn M.Kent. IndrMually
of San Die<M. CaGromia
their true and lawful Aftww y(aNrrFact with full power and authority hereby ouftred to sign,seal and execute for and on their behalf bonds,
undertakings aril other O*ptory instrumer>ts of sirrilm nature
.In UniimRed Amounts-
and to bind Vwn thereby as fuuy and to the sarne extend as if such wmtrtunenis were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the auftwity hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duty
adopted.as indicated,by the Beards of Directors of the corporations.
In Witness Whereof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and
their cwporate seals to be hereto affixed on this 2Bth day of_ July 1997
OVA CONTINENTAL CASUALTY COMPANY
Cc'
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
SEAL t # rst
M.C.Vonnahme Group Vice President
State of Irrx is,Count'Of Cook is:
On tins 28th day of July - 1997 ,before me personally came
14.C.Vonnahrne .to roe Ivwwn,who,bQV by me duty swam,did depose acid say:that he resides in the Wage of Darien .Stara of IMvSs;
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA deserted in and which executed the above Instrument;that he
knows the seals of said corporations:that the seals affixed to the said rstnrrAo are such corporate seals;that they were so affixed pursuant to
authority given by the Boards of D'aecbors of said corporabom and that he signed his name thereto pursuant to Eke authority,and acknowledges
came to be the act and deed of said corporations.
•aT.Pik
Co...ZZ
' � L4"J .
My Commission Expires June 5,2000 Eileen T.Pachuta Notary Public
CERTIFICATE '
I.Robert€AyoRobert I—Ayo,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth Is shTl in force,and further certify that the By-law and Resolution of the Board of Directors of each corporation printed on fie
reverse hereof are stril In force.In testimony whereof I have hereurrta subscribed my name and affixed the seals of the acid corporations
this 29TH day of DECEMBER , -192
CONTINENTAL CASUALTY COMPANY
0='fs
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
t3EAL � � � a•
Robert E.AyoRobert E.Ayo Assistant Secretary
(Rev.711 4r9S)
e
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Low duty adopted by the Board of Directors
of the Company.
"Artide Z—Irxecut lon of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from tune to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatxy insturneMs of Eke nature.Such attomeys4ri-fact,subject
to the knit tons set forth in their respective certificates of authority,stall have huff paver to bind the Company by their signature and
execution of any such instuments and to attach the seal of the Company therein.The Chaim=of the Board of p'rcectors,the President
or any Executive.Senior or Group Vice President or the Board of Directors.may,at any time,revoke ag power and authority previously
given to any attAmey-in-fact
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duty caged and held on the 171h day of February,1993.
'Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the sea?of the Company may
be affixed by facsk nile on any power of attorney grwtted ptasuantto Section 3 of Article IX of the ByAzws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affnced by facsimile to any certificate of any such power and
any Power or certificate bearing such facsimile signature and seal star?be valid and binding on the Company.Any such power so executed
and sealed and certified by certificate so executed and sealed stag,with respect to any bond or undertaking to which It is attached.
continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney Is made and executed pursuant to and by authority of the following By-Law duty adapted by the Board of Directxs
of the Company.
"Article YF--Execution of ObUgations and AppoIntment of Attwmy4n-Fact
Section 2 Appointrnerd of Attxxney4--fact.The Chairman of the Board of Directors,the President or any Executive.Senior or Group
Vice President may,from time to time,appoint by written motes attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instiinnents of Eke nature.Such attonvys-in-fact,subject to the limitations
set forth in thew respective certificates of authority,shaft have fug paver to bind the Company by their signature and execution of any such
instuments and to attach the seal of the Company thereto.The President or any Executive.Senior or Group Vice President may at any time
revoke all power and authority previously given to any attorney-in-fact"
This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adapted by the Board
of Directors of the Company at a meeting duty caged and held on the 17th day of February.1993.
*Resolved,that the signature of the President or any Executive,Senior or.Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By4x*s,and the signature of the
Secretary or an Art Secretary and the seal of the Company may be affixed by facsimile th any certificate of any such power and any
power or certificate bearing such facsimile signature and seal shall be vard and binding on the Company.Any such power so executed and
sealed and certified by certificate to executed and sealed shall,with respect to any bond or undertaking to which it is attached.continue
to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duty adopted on February 17.1993
by the Board of Directors of the Company.
"RESOLVED.That the President,an Executive Vice President,or any Senior or Group Vice Presildernt of the Corporation may,from time
to time,appoint by written certificates,Atbomeys4n-Fact to actin beW of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory irtstruments of Eke nature.Such Attomeymin-Fact,subject to the limitations set forth In their respective
certificates of authority,shaft have tuft power to bald the Corporation by their signat m and execution of any such instrumwnt and to attach
the seal of the Corporation thereto.The President,an Executive Vice President;any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attorney-�Fact"
This Power of Attorney is signed and sealed by facsunrle under and by the authority of the following Resolution adopted by the Board
of Directors of the Company at a meeting duly caged and held on the 17th day of February,1993.
"RESOLVED:That the signatuure of the president an Executive Vice President or any Senior or Group Vice President and the seat of the
Corporation may be affoced by facsimile on any power of attamey granted pursuant to the Resolution adopted by this Board of Directors on
February 17,190 and the signature of a Secretary or an Awisbrd Secretary and the seal of the Corporation may be affoced by facsimle to
any certificate of any such power,and any power or cwtif�ate bearing such facsimile sigrtatwe and seat shall be vard and binding on the
Corporation.Any such power so executed and sealed and certified by certificate to executed and sealed.shag with respect to any band or
undertaking to which it is sdhchad.due to be valid and binding on the Corporation."
riw.uverro.. BOND NUMBER: 158872718
CAM PREMIUM: INCLUDED IN
PERFORMANCE BOND
PAYMENT BOND
CALIFORNIA PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS,That we, TOWER STRUCTURES, INC.
as Principal,
and CONTINENTAL CASUALTY COMPANY
a corporation organized and existing under the laws of the State of ILLINOIS and authorized to transact
surety business in the State of California, as Surety, are held and firmly bound unto
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
as Obligee, in the
sum of TWO HUNDRED TWENTY—TWO THOUSAND SEVEN HUNDRED FIFTY—SEVEN AND NO/10OTHS-------
---------------------------------------------- Dollars (S 2229757.00-------— ) .
for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above-bounded Principal has entered into a contract, a copy of which contract is by reference
made a part hereof, dated with the obligee for
CIVIC CENTER 800 MHZ PROJECT CC 1048
NOW, THEREFORE, If the above-bounded Principal or his subcontractors shall fall to pay any of the persons
named in Sections 3181 of the Civil Code of the State of California, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be
deducted, withheld and paid over to the Franchise Tax Board from the wales of employees of the Principal or his
subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and
labor, Surety will pay for the same, in an agreeable amount not exceeding the amount specified in this bond, and
also, in case suit is brought upon this bond, a reasonable attarney's fee, to be fixers by the court.
This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under
Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
Signed, sealed and dated this- 29TH -- ,day of DECEMBER , 1897
TO R STRUCTURES, INC. Principal CONTINENTAL CASUALTY COMFA�Ny
— —
Surety
BY
TARA BACON, Attorney-in-Fact
PSTu
G-23261•A By. .-4 4
�• J
1 r7
MEMORANDUM
DATE: February 4, 1998
TO: Jennifer McGrafth
FROM: Karen Foster
RE: Tower Structures
Pursuant to the direction of the Settlement Committee, I have ascertained that
Tower Structures' insurance carrier, Investors Insurance of America is rated at:
A- (Excellent)VI. There is no coverage available through the SPARTA program
for this exposure.
0 Ca
C.:•»i• V1
4..
r- C)
O.
HB CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
r �
TO: LES JONES, DIRECTOR OF PUBLIC WORK Q
FROM: GAIL HUTTON, CITY ATTORNEY
DATE: FEBRUARY 4, 1998
SUBJECT: RLS# 98-0040; INSURANCE COVERAGE FOR TOWER
STRUCTURES, INC.
BACKGROUND:
On October 20, 1997, the City of Huntington Beach issued requests for
proposal for the design/build of the Civic Center 800mhz project (cc0148). The
request for proposal included the standard insurance requirements of the City of
Huntington Beach; commercial general liability coverage; worker's compensation; and
professional liability.
On November 5, 2995, Tower Structures, Inc. submitted the only proposal
received by the City. The proposal did not include proof of professional liability
coverage; however, the response did not indicate an inability to provide said coverage.
Tower Structures, Inc. has submitted the commercial general liability policy and
has stated that it serves to provide the City with adequate coverage for design risk.
ISSUE:
Is the completed operation/product liability coverage of the commercial general
liability policy submitted by Tower Structures, Inc. sufficient in lieu coverage for
professional liability?
ANSWER:
Upon review of the submitted commercial general liability policy by this office
and outside counsel, the submitted coverage does not serve to extend coverage to the
same extent as a professional liability policy.
ANALYSIS:
Although the project costs is only $222,757.00, the project calls for significant
design activity by Tower Structures, Inc. As indicated in the project approach submitted
by Tower Structures, Inc., Tower Structures will perform all aspects of the design/build
jmp/metnos\tnemo/2/6/98
I
Page 3
RLS 98-0040
Les Jones, Director of Public Works
of the 800mhz project including, but not limited to, the assessment of the structural
capabilities of the existing roof, the preparation of preliminary designs, the filing of
designs and applications with the California Coastal Commission, revisions of the
preliminary designs, and the review and filing of the final designs and applications with
SeaCliff, the design review board, and the City of Huntington Beach Community
Development Department. Based on the design element of the design/build contract
with Tower Structures, Inc., the City of Huntington Beach has a significant design risk
exposure.
Tower Structures, Inc., has indicated that the completed operation/product
liability coverage of the commercial general liability policy extends to protect the City
from potential damage caused by design failure of the tower. The policy provided by
Tower Structures, Inc. is a commercial general liability policy from Investors Insurance
Company of America, a non-admitted insurer in the State of California, with an A-
rating, which is acceptable.
The commercial general liability coverage will provide coverage only for bodily
injury or property damage caused by the work of the insured. The same coverage
limitations would apply to a professional liability policy. The risk involved in accepting
the commercial general liability policy is lieu of a professional services policy is an
increased risk should the work fail for a pure design reason. However, any failure to
perform pursuant to the terms of the contract would not be covered under either type of
insurance and would be a pure breach of contract issue.
CONCLUSION:
It is always recommended that the City maintain superior protection in the event
of damage caused. This superior protection is established through obtaining
certificates of insurance, additional insured endorsements, and additional coverages
such as professional liability. In the particular risk of the Tower Structures Agreement,
there is a significant element of design work thereby exposing the City to risk which is
potentially not covered by the insurance provided.
GAIL HUTTON,
City Attorney
/m
JMP/memos\memo2/6/98 2
r•
CITY OF HU2ti'TINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMEI?S WAIVER OR MODIFICATION
1. Name/Titic/Department of Requesti g Staff Nfember
2, Date ofRequest
3. Name of Contractor/Permittee��,QeV _ - zs
4. Description of work to be performed_a6("J erjti V-Q�
-Tt- �J► � -rt $122 M=- eg:5 r F Ion
5. Length of Contract moo<--H S _
6. Type of Insurance Waiver or Modification Requested: Pl\\M,)
+
(a)Limits: (b)Coverage_ tl
7. Reason for Request for Waiver or Reduction of Limits E+rlf✓ 9v4;* Uof
Gr4 roA4 `oj f-1+lk to
Pa2-5 vA) Ar- CP F 6 - NAPr6l U-f�—r r -S C -Cwr 1P Iy'f v
S. Identify the risks to the City if this request for waiver or modifications granted
�.J
Department Head Signature _
(This section to be completed by the Risk;tlancger)
Recommendation:
Approve Deny Risk Nfamger's Signature/Date I I 1
(This section to be completed by the City Attorne))
Recommendation:
Approve Deny City Attorney's Signature/Date J
Settlement Comminee appro al [is t] required for this waiver. If Settlement Committee appror s required,
submit form to City Attorneys a to placed on the agenda. Recommendation: Approve Deny
City Council appro� [is 's required for this i aiver. If City Council approval is required,attach this form to the
RCA aher considerate the tticment Committer. This insurance wan•tr[is] [is not]on City Council agenda.
jnpMesoWonfmsre0111197 -
7
01/27/is�s Ft?:i3 ze2-s33-399i 'PACE V
4
•r
� Tower Structures , Inc.
'959 Nlj;;IANA AVENUE.CHU'A VIVA,CA_WOAWA-51011
TE:e+o,2t•ttet FAX 653e21-n533
January Z?, 1948
F,.ric R. Charlonne, Protect Manager
Public Works Department
City of Huntington Beach
PO Box 190
Muntington Beach CA 92PS
Dear Mr. Chaslozine:
This letter is to sddrrss the question ret2rdtng our babICV insurarce. We have fo,varded
copies of the peztinent portions of our General Liability Policy to you. The Folic/seems to
clearly corer products and completed operations Sincc we are not providing stand-alone
design services,the end ptoduct of our work,the prodm;t and completed operations,would
seem to be co•ercd.
We have completed many n0hlotta of dollars worth of work o;sir-ti:ar projects fvt othtct
government 28cnciZ5 at the tic}•,county,stare,and fcdcral level,and have neVeT been
teguired to have spevfac professional habLbr covctagc. Our proposal lists samples of similar
projects ineludinZ n-imes and phone numbers of individuals who may be contacted for
rerilcadon.
1n out thirty-yeaz history,there has been only one prolcct.where the owner,an electric utility.
required professional liability-insurance. The price quoted to ToNver Strac=es for
professional babtlir. insurance for this single project was approxi nsattlr 120%of what ow
bid prce would have been.>:ithout the increased instxr2ncr cost. The project invoh•ed
complicated gaped transtm:ssion LLne towers trt an area subhcct to hurncancs The company
who was awarded the bid was a structural steel eompaz{with no experience in t:anirussion
tower design of manufacturiny,. The steel company hired an outside engkicenng firm,also
wtih no ttaosrn:ssiort Lowe:experience, to provide design scr%ices. Since the engneering
company that 7zovidcd the&:sign cbd not list tower design on the questionnaires provided
to the insux2 a underwriters,their coat of insurance was much less. There w-as a
subsequent dcstgzt fa hLtc. The insw2nce refused to pry&,e claim based on the crjo)crr
providing false or mirlcsdinng i.-tformauQn to the uncerw iter.
To 30vd SAdSM 011and 8H EcSi-VZE-rtc ZE:Le e6GT/8Z/i0
21/27/]9G� 10:11 7(!2-631-3592 t r14t:e
3anuarp 27, 1998 page 2 of 2
Since we are not ptoposing to perform design onl ,we feet that design-only irssu:aixc is
dasidatis. Hmas;g redundant eo•'rrage can sornetitmcs be as bad as hn«g no coverage,as
each carrier a-M argue that the other is responsible for pa fmcnt of claims.
It b=s becit our experience that underwriters h3v,- partictdar problems classiR-ng out type of
work for purposes of riak evaluation. Since there me a limited number of companies%,ho
specialize in out rather narrow field, the insurance companies do not hire A statistical basis
for evaluadoit. Therefor,despite the fact that in 30 ycan of continuous operation we
b2vc never bad a single design failure,they tend to esp-mate the risk toward the high,ci-Ad.
It is interesting to rote that Are hive also never been required to provide a warranty bored it
is difficult to conceive of a design defect that would not becorne apparent clump,tl:c
warranty pcuod.so the Ory is in effecteovercd by rwo indcpcndentsources, Lhe C,erieral
Unbility insurance carrier and the suety.
We feel that zJ' of the forgoing provides strong reasons for the Cite to gtsnr an exemption to
the requirement for profrxsional liability ins:rtznce for this pro)ect. Plesse call if you have
city 54estions.
Sincerely,
tcccn R,Hopkins
President
Capp to: Roger H a.'n
Zo M-ad SAN3M OInand g;--1 UST-eie-DIL ZE:ze 855T/8Z/To
WILLISAAA
coRRooN
December 23, 1997
Willis Corroon
Corporation of
San Diego
Insurance
City of Huntington Reach
Saruicsa
2000 Main Street
Huntingtoneeach, CA 92648 1615.5turrayCanyon
Suite 905
S an Dirao.CA 92108
Telephone 619-297-71
Fax 619-297-7999
CA Dept.of Inauranc
Ueence p4113168
Dear Certificate Holder :
Enclosed is the Certificate of Insurance issued on behalf of
Tower Structures, Inc. etal.
Should you have any questions please feel free to call.
Sincerely yours,
Willis Corroon Corporation of San Diego
Enclosure
cc: Tower Structures, Inc. etal
Investors Insurance Company of America
CICNA Insurance Company
HIH America Compensation & Liability Ins. Co.
z A�W�D. CERTIFICATE:OF.:LIABILITY INSURANCE :� a DATE(MM;ODJYlf7
ww�:::x •:.>m�vx�w:w .A-; V A..:Yw PAGE of: 2 f 23 bEG1997 1
PRODUCER 1414S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Willis Corroon Corporation of San Diego ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Services 60040 7-0 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1615 Murray Cyn.Rd.0905 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
License #0413168 Zo-wet- e0eVendACS,, XW 41• COMPANIES AFFORDING COVERAGE
San Diego CA 92108
1619)297-7111 �4G M//-z — CC'"/'0 4Z.F CC,PANY Investors Insurance Company of America
Susan Thurston N A
INSUREO a �7 7 S' COMPANY CIGNA Insurance Company
B
Tower Structures,Inc.etal COMPANY HIH America Compensation&Liability Ins.Co.
1869 Nirvana Avenue C
Chula Vitt& CA 91911 COMPANY
0
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THIS IS TO 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.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPfRATION
LTRI I DATE(MM;'DDfM DATE(MM;'DDf-n I LIMITS
A GENERAL LIABILITY GLP1002586 01-APR-1997 01-APR4998 GENERAL AGGREGATE $ 2.000.001
X COMMERCIAL GENERALUA03UTY PROOIUCTS-COM?JOP AGO 1.000.00
CLAIMS MADE FRI OCCUR PERSONAL 8 ADV INJURY $ 1.000.001
OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE
FIRE DAMAGE JAft o"Rro) IIS
MFO EXP A ova
B AUTOMOBILE UABamr H06705819 01-APR-1997 01-APR-1998
COMBINED SINGLE OMIT
X ANY AUro
ALL OWNED AUTOS BODILYR&WY
SCHEDULED AUTOS (Per P—) :
X HIRED AUTOS BODILYINJURY =
X NONCWNED AUTOS (P"aot'""
.,...•..:t:Is A
To g y� : PROPERTY DAMAGE :
OAAAGE LIARMITY G M 11U t TIT
ANY AUTO C i,l Y AT AUTOONLY-EA ACCIDENT S
'-'' EY OTHER THAN AUTO ONLY:
EACH ACCIDENT
J +t A• T1 B3► AGGREGATE
EXCESSLIA81LrTY �' 't r EACHOCCURRENCE f
UMBRELLAFORM AGGREGATE f
Il��il0774ER THAN W SRELLA FORM
C WORKERS COMPENSATION AND 00056SSOI IDI APR-1997 101,APR-1998 X WCS AT'- OTM
EMPLOYERS'LIABILITY EL 1.000.001
EACH ACCtOENT ;
THE NEASI XECU rNCL ELTXSEA L-4,at yumrT 3 1.000.001
PARTNERSIExECUTIVE
OFFICERS ARE: REXCLI L DISEASe-E EMPLOYEE it 1,000.001
OTHER F,'�i v'
DESCRIPTION OFOPERATIOMNLOCATION9(VEHICLESMPECUIL REMS
SEE ATTACKED
A:10 ea s norlpaymam of pr!"
;CERTIFICATE HOLM.: a h.ri�.,.. ri;k..,,., - . .., ,� . , : CANCELLAT*N..<x, 0 r._. !�.s:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL iMpirlYYRi+iP MAIL
30 DAYS WRfMN NOTICE TO THE CERTIFRCATE HOLDER NAMED TO THE LEFT,
City of Huntington Beach
2000 Main Street
HuntingtonBeach CA 92648 AUTHORIZED REPREJENTATIVE OF WILJIS CQRFIOOK CORPORATION OF SAN DIEGO
............v..,...
ACORb 25-5 1 5 t .. .. : ..: :. ,.: PRIMARYWCSUBROCa :.:. .:: .. ....:.:.. h., .: .. ®ACORIJ CORPORATION I
af[LLIS ISSUE DATE(MMJDDrM
ROOM
CERTIFICATE:.DI= INSURANCE .: pAGE: .xoF2 ��>aEG1997
.
COR
HI5 CERTIFICATEIS-ISSUED A5 A MATTER OF INFORMATION ONLY AND CONFER NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED 14145 PRODUCER
Willis Corroon Corporation of San Diego
Insurance Services
1615 Murray Cyn.Rd.0905
Tower Structures,Inc,etal License 00413168
1869 Nirvana Avenue San Diego CA 92108
Chula Vista CA 91911 (619)297-7111
Susan Thurston
COVERAGES �v THIS IS TO CERTJFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI:
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 MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OR INSURANCE POLICY NUMBER POLA:Y EFFECTIVE FOLICY EXPIRAWN Later
DATE(Vk�nQPM I DATE v.
DESCRIPTION Of OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Certificate holder is Additional Insured per attached CG 2010 11 85
RE: Civic Center 800 MHz: CC 1048 Construction Contract
The Term Certificate Holder wherever shown in this Certificate of Insurance
shall include: City of Huntington Beach. its agents. officers . and employees .
Waiver of Subrogation Worker Compensation Policy:
The Insurance Company waives its rights of subrogation against the Certificate
Holder which may arise by reason of payment under the Workers ' Compensation
policy in connection with above reference Job.
CERTIFICATE HOLDER ;<-CANCELLATION toa nonpaymeln o4 prem,utrl-
n...........................v...............-+4c%,.vxviii:+}i[']O.vxkX •..c.v:4r.-Fw�:.^Lm.3'+:rv4:C:---xviri4+ .v�rv.r�.>Y viviiei -k..................
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 66166*VOR-40 MAL
-I()-- DAYS WRRTHN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Huntington Beach
2000 Main Street -
HuntingtonBo"h CA 92648 AUTHORIZED REPA&PENTATIVE OF WILDS fDAROOK CO ORATION OF SAN DIEGO
....................I ................................ ..L... ar. enay..... ..,.--.--.-v,..-----......--�< yy�o ra �a+fns�A;iaaa va fMx�+k+.. •w+ ro ^°:�.....
WILLIS CORROON 2MC7(9(95j :: PRIMARYWCSUBROG ><.. ;:. ,:: :.: :><®'.y(/ILLIS COHftOON 1945 .� .
NAMED INSURED: Tower Structure Inc. Etal
POLICY NUMBER: GLP1002586
EFFECTIVE DATE: 4-1-97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Huntington Beach, .its officers, and employees.
RE: Civic Center Boo MHz Project: CC 1048 Construction Contract.
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to
this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured
the person or organization shown in the Schedule, but only with
respect to liability arising out of "your work" for that insured
by or for you.
Primary Clause:
It is further agreed that such insurance as is afforded by this
policy for the benefit of the Additional Insured shall be primary
insurance as respects any claim, loss or liability arising
directly or indirectly, from the Named Insured's operations and an
other insurance maintained by the Additional Insured shall be
excess and non-contributoxy with the insurance provided hereunder .
CG 2010 11 85
COVER PAGE
REQUEST FOR LATE SUBMITTAL
(To accompany RCA)
Department: fu C-D&A r7Subject e"e ! W� o c_
[ Council Meeting Date: f This Request:
REASON (Why is this RCA being submitted late?):
'-t,7
EXPLANATION (Why is this RCA necessary to this agenda?):
,
ram? .;L ✓ — �S �- �i�Z — ���
CONSEQUENCES How shall delay of this RCA adversely impact the City?):
s � k S
k� U. .
Signatur fj-Approved O Denied O Approved O Denied
Initials
Required
De artmen He Ass . City Administrator City Administrator
REOLATE.DOC milaiaa
_Vmbw
RCA . ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve Design/Build Contractor for the Civic Center 800
MHz Project; CC 1048
COUNCIL MEETING DATE: February 17, 1998
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attome Attached
Subleases, Third Party Agreements, etc.
LApproved as to form by City Attome Not Applicable
Certificates of Insurance (Ap2roved by the City Attome Attached
Financial Impact Statement Unbudget, over $5,000) Not Applicable
Bonds (if applicable) Attached
Staff Re ort If a licable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
1
(Below�Space For City Clerk's Use
Only) I
RCA Author.
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CITY OF HUNTINGTON BEACH
REQUEST FOR PROPOSALS
for
DESIGN/BUILD
Professional Consulting Services
for
"CIVIC CENTER 800 MHz PROJECT"
CC 1048
PROPOSAL SUBMITTALS: Responses to the Request for Proposal (RFP) are to be
submitted to:
Mr. Roger W. Ham
800 MHz Project and Financial Manager
Police Department
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
no later than 4:00 P.M. on November 5, 1997. Three copies of the Design Builder's
Qualifications and Experience Proposal shall be submitted in a sealed envelope and
marked: "Qualifications and Experience Proposal for Design/Build Services - Civic
Center 800 MHz Project." Additionally, Design Builder's Cost proposal shall be
submitted in a separate, sealed envelope and marked "Cost Proposal for Civic Center
800 MHz Project." Proposals received after the specified time will not be accepted
and will be returned unopened. Questions regarding this request may be addressed
to Mr. Ham at 7141960-8804.
INDEX
SECTION PAGE
1. INTRODUCTION 2
11. SCHEDULE OF EVENTS 2
Ill. PROJECT DESCRIPTION 2
IV. SCOPE OF WORK 2
V. PROPOSAL REQUIREMENTS 3
VI. GENERAL REQUIREMENTS 6
VII. DESIGN BUILDER EVALUATION&SELECTION PROCESS 7
V11I. ATTACHMENTS 9
Doc. #26346
CITY OF HUNTINGTON BEACH
Civic Cenfel-BM MHz Project CC 1048 RR'
October 1997
Page 2
I. INTRODUCTION
The City of Huntington Beach is interested In having a qualified design/build firm prepare plans,
specification and construct the Civic Center 800 MHz Project.
The Civic Center 800 MHz Project generally consists design, fabrication and installation of a roof-
mounted antenna support frame and associated support systems.
The proposed project Is located at The Huntington Beach Civic Center, 2000 Main Street,
Huntington Beach.
11. SCHEDULE of EVENTS
A
October 20. 1997 Issuance of Request for Proposals
October 27, 1997 Job Walk at 10:00 A.M.Police Department
November 5.1997 Proposals due at Police Department by 4:00 P.M.
November 17, 1997 Issuance of notice-to-proceed (estimated date)
March 16, 1§98 Project completion
Ill. PROJECT DESCRIPTION
The City desires to proceed with the design of the Civic Center 800 MHz Project as outlined in
Attachment "B". The objective of the project is to prepare the project documents in sufficient
detail to bid and construct the Improvements in compliance with the performance requirements
set forth in Exhibit "B".
IV. SCOPE OF WORK
Although the City In its RFP attempted to Identify the limits and services required, this should not
constrain the Design Builders in the development of a scope they believe is necessary to meet
the City's objectives. The City will be receptive to innovative or alternative scopes of services.
1. Services to be provided by the Design Builder shall Include:
Design,fabricate and install a 20 foot high, roof-mounted frame for a communications antenna
system with special communications antenna and microwave dish mounting structures.
Modifications to the rooftop to support the antenna support system.
Project phases are as follows:
A. Preparation of conceptual plans.
B. Assisting City staff with the CEQA and Design Review Board process.
C. Securing of all permits and approvals from the City of Huntington Beach
Community Development Department and the California Coastal Commission.
D. Preparation of final contract plans and specifications.
E. Construction of the Project.
3. Services to be provided by the City
A. Provide all information on file,within the City conceming the site.
Doc. #26571
-' CITY OF HUNTINGTON BEACH
Civic Center800 MHzProd CC 1048 RFP
October 1997
Page 3
V. PROPOSAL REQUIREMENTS
Although no specific format is required by the City, this section Is intended to provide some
guidelines on 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. Design Builder'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 tables, charts
and graphs 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.
A primary component of 1he proposal to be submitted will be Information setting forth
the experience and qualifications of the Design Builder. The Design Builder will either be
a single firm or group of firms which have developed a team structure for the project.
The proposal should include the following:
• Page numbering.
• Team Organization including an organization diagram.
• Approach to the project
• Descriptions of similar projects by trey staff to be used on this assignment.
• Brief resumes of key staff.
• Project schedule.
• List of Subcontractors.
• Non-Collusion Affidavit.
• Disqualification Questionnaire.
• Compensation Insurance Certificate.
• Utility Agreement.
2. Minimum Experience and Qualifications
A. Previous design/build experience on a least five B00 MHz public safety radio systems
with completed projects each of a value at least as great as the proposed cost of
this project.
B. Previous design/build experience on at least 5 projects with RF transparent screening
materials.
C. A minimum of 10 years experience in design/build construction of transmitting sites.
Doc. #26571
' CITY OF HUNTINGTON BEACH
Civic Center 800 MHz Projed CC 1048 RFP
October 1997
Page 4
D. Previous design/build experience on at least 5 projects with multi-story rooftop
antenna support construction requiring helicopter rifts.
E. Design Builder must have complete to-house capability for design, manufacturing,
and construction to ensure 100%work by Design Builder.
F. Engineering shall be performed by a licensed California Structural Engineer who is a
full-time employee of Design Builder.
G. Design Builder shall hold a current and valid California Contractor's License with
Classification A, General Engineering Contractor, and shall provide references
verifying that rooftop transmitter construction has been performed with full-time
employees.
H. Design Builder shall have In-house steel fabrications capability,with certification from
1CBO Qr-the City of Los Angeles.
J. Design Builder shall provide references demonstrating a familiarity with B00 MHz
equipment manufactured by Motorola and microwave equipment manufactured by
Harris/Fannon.
J. Design Builder shall submit with their bid a copy of their injury and Illness Prevention
Prodram as required by CAL-OSHA.
K. Design Builder shall provide references verifying that Design Builder has previously
worked with Motorola R-56 standards.
L. Evidence of Design Builder's ability to obtain appropriate bid, performance and
payment bonds for the project.
M. Evidence of Design Builder's total bonding capacity of one million dollars
($1.000,000,00). '
N. Copy of Design Builder's most recent financial statement.
O. Three year history of litigation and disputes with the City and/or other design build
projects.
3. Statement of Qualifications
The information requested in this section should describe the qualifications of the firm
and key staff. It should describe projects within the past five years that are similar in
scope and size to demonstrate competence to perform these services. The projects
listed shall be those that the 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,contact person,addresses,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 presentation of the above prescribed information is included as
Attachment "C"for the Design Builder's reference.
Included resumes of key personnel demonstrating their qualifications and experience.
Resumes should highlight education, experience, licenses, relevant experience, and
specific responsibilities for services described.
4. Project Schedule
Doc. #26571
- ? CITY OF HUNTINGTON BEACH
Civic Center80O Wt Project CC 1043 RFP
October 1997
Page 5
A project schedule shall be included 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. The schedule should identify important milestones and
decision points. There should be a brief discussion of any key assumptions used in
preparing the timetable and identification of critical tasks and/or events that could
impact the overall schedule.
5. Cost Proposal
A Cost Proposal shall be submitted in a separate,sealed envelope and marked as "Cost
Proposal"along with the name of the project.
'A breakdown of labor hours by employee billing classification together with the cost of
non-labor 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 Builder's defined
scope of work for the project proposal. This information will be used by the City staff to
evaluate the reasonableness of the cost proposal and may be used in negotiating the
final cost amounts for the contract agreement.
The cost proposal of the fop ranked Design Builder will be opened at the conclusion of
the Design Builder evaluation and selection process and will be used by the City staff as
the basis for negotiating the final cost amounts for the contract agreement. The cost
proposals of those Design Builders not selected will be returned to them unopened upon
award of a contract to the selected Design Builder.
Reimbursable expenses shall not be allowed unless negotiated prior to a contract.
Price escalation during the contract term is disfavored, and must be negotiated prior to
execution of contract.
Compensation for services provided shall be based on the Design Builder's detailed cost
proposal to furnish the services detailed in the proposal.
The Design Builder shall state in the cost proposal the number of hours allotted in its fee
amount for attending meetings with City Staff. Additional hours beyond that which is
stated in the cost proposal, must have City prior authorization.
The Design Builder shall prepare progress billings. reflective of the project schedule and
the scope of work completed,by tine item and description.
6. Statement of Offer & Signature
The proposal'and separate cost proposal shall each be signed by an Individual
authorized to bind the Design Builder and both shall contain a statement that the
proposals are a firm offer for a 90-day period from the due date of the proposal.
Doc. #26571
CITY OF HUNTINGTON BEACH
Civic Center8OD M z Project CC 1048 RFP
October 1997
Page 6
VI. GENERAL REQUIREMENTS
1. Insurance Requirements
The Design Builder shall furnish, with the proposal, proof of the following minimum
Insurance coverage. These levels of coverage are required to be maintained for the
duration of the project:
A. Genero-1 Jlabff-ty C2y = - $1,000,000 CSL (Combined Single Limits) per
occurrence (note: If provided coverage Is under a form which Includes
designated general aggregate limit, the aggregate limit must be no less then
$1.000,000). Due to the necessity of utilizing a helicopter for hoisting materials to
the rooftop, Design Builder must provide General Liability Insurance in the amount
of 45,000,000.
B. Profess1ona1L1cbh1VyC6Wroq -$1,000,000 per occurrence.
C. Worker's Comoensalion Coverage - $100,000 bodily injury by accident, each
accident; $100.000 bodily injury by disease, each employee; $250,000 bodily
injury by disease, policy limit.
The above detailed coverage shall not be subject to any deductible or self-insured
retention, or any other form of similar type limitation. In addition, the insurance
certificates must conform to the required wording of the City's Risk Manager. A sample
certificate is included as Attachment "D". The Design Builder is directed to the
cancellation portion of the certificate. It Is Imperative that this portion of the Design
Builder's insurance certificate be identical to the wording contained therein. The Design
Builder is encouraged to contact its insurance carrier 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 Builder will enter into an agreement with the City based upon the contents of
the RFP,the Design Builder's Qualification & Experience Proposal and Cost Proposal, and
the City's standard form of:agreement. The City's standard form of agreement Is
Included as Attachment "E". The Design Builder should describe in Its proposal any
exceptions to provisions of the standard agreement. Any such exceptions will be
considered advisory.
Note: The standard form of agreement is unnecessary for expenditures under 410,000.
When such is the case,a City Purchase order Is used.
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? Builder, or to cancel this RFP In part or in Its
entirety. The City may require the selected Design Builder to participate In negotiations
Doc. #26571
- i
CITY OF HUNTINGTON BEACH
Chic Center800 MHz Project CC I RFP
October 1997
Page 7
and to submit such technical, fee, or other revisions of their proposals as may result from
negotiations.
a. Assigned Representatives
The City will assign a responsible representative to administer the contract, and to assist
the Design Builder in obtaining information. The Design Builder also shall assign a
responsible representative (project manager) and an alternate,who shall be identified In
the proposal. The Design Builder's representative will remain in responsible charge of the
Design Builder's duties from the notice4o-proceed through project-completion. If the
Design Builder'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 representatives or subconsultants identified in the proposal
shall first be approved In writing by the City's representative. The City reserves the right to
review-and approve/disapprove all key staff and subconsultant substitution or removal,
and may consider such changes not approved to be a breach of contract.
VII. DESIGN BUILDER EVALUATION & SELECTION PROCESS
The City has established a point rating system for qualitative factors and for price. The following
criteria will be used in evaluating the proposals using a point value system (100 points possible)
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 project manager and other key individuals. (30 points)
d. Results of reference checks. (15 points)
5. Price competitiveness. (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 firms or only the top rated firm based on
the proposals submitted for the project.
The City staff will negotiate a contract with the best qualified firm for the desired design build
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. City staff will
continue the negotiation process with the next most qualified firms in order of their evoluatlon
ranking until an agreement is reached, a firm is selected, and an agreement is executed.
i
• • Doc. fl16571
CITY OF HUNTINGTON BEACH
Civic Center800 MHz Project CC 1048 RFP
October 1997
Page 8
Vill. ATTACHMENTS
Attachment"A" — Site Location Map and Approved Conceptual Design Configuration
Attachment"B" — Sample Statement of Qualifications
Attachment"C" — Sample Certificate of Insurance
Attachment"D" — Sample Standard Form of Agreement
Attachment"E" — Disqualification Questionnaire
— Workers Compensation Qualification Certificate
— Noncollusion Affidavit
-- Subcontractors List
— Utility Agreement
Doc. #26.571
ATTACHMENT
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37
HUNTINGTON BEACH CIVIC CENTER 800 MHz PROJECT
1.00 GENERAL COMMUNICATIONS ROOF-MOUNTED FRAME PERFORMANCE
SPECIFICATIONS
1.01 Description
A. This project is to design, fabricate, and erect a 20-foot high, roof-mounted frame for
communications antenna system with special communications antenna and microwave dish mounting
structurbs, modifications to the rooftop to support the antenna support system on an existing
building in a zone 4 seismic area located at the Huntington Beach Civic Center at 2000 Main Street
in the City of Huntington Beach.
1.02 Scope
A. Scope: Labor, material, transportation, equipment and engineering to completely design,
fabricate and erect a 20-foot high, roof-mounted frame and its associated support system for radio
communications antennas, including,but not limited to:
1. Structural design and fabrication of roof-mounted frame to specifications.
2. Structural design and installation of associated support system for roof-mounted frame.
3. Safety platforms on roof-mounted frame.
4. Antenna supports with special mounting brackets.
5. Installation of antenna support system and modifications to roof-top.
1.03 Quality Assurance
A Design, fabrication and erection shall be in accordance with the latest edition of the Electronics
Industry Association (E.I.A.) Standard RS-222 (except in the area of wind loading, tower twist and
sway requirements that as defined in this specification exceed the minimum E.I.A. Standard), the
American Institute of Steel Construction(A.I.S.C.) Specifications and the American Concrete Institute
(A.C.I.)Building Code Requirements. Where a conflict may exist between codes, the more stringent
shall prevail.
B. Design, fabrication and installation of the roof-mounted antenna support frame and its
associated support system shall be by a single source manufacturer with significant experience who has
been regularly engaged in the design, fabrication and installation of communications and/or microwave
antenna support systems for a minimum of ten years.
C. Installation of roof-mounted antenna support frame and its support system shall be the sole
responsibility of the manufacturer and shall be executed by and under the direction of the manufacturer.
Installation of roof-mounted frame and its support system shall meet all inspections or testing as
required by the City of Huntington Beach, County of Orange or other building codes that direct the
installation of structural support systems.
1.04 Submittal
'b
A. A complete set of plans and engineering calculations for roof-mounted frame and its support
system shall be submitted to Systems Group, Huntington Beach Police Department, for conceptual
review prior to'fabrication or submittal to the City of Huntington Beach Development Services
Department:' The plans shall show placement of all antenna mounts, safety platforms and methods of
attachment of each. Allow one week for review and any necessary reviews following if corrections are
required.
1.05 Product Storage
A. All parts shall be stored only in an approved location.
2.00 PRODUCT
2.01 Communications Roof-Mounted Frame Tower
A Except as otherwise specified, provide and install roof-mounted frame and its support system
as manufactured by:
1. MICROFLECT, 3575 25th Street S.E. Salem, Oregon 97309-0985, (503)363-9267
2. TOWER STRUCTURES, 1869 Nirvana Avenue, Chula Vista, California
92011, (619)421-1181
3. FVVT Inc. 1901 Fast Loop 820 South,Fort Worth,Texas 76112-7899
1-800-433-1816 Fax(817)429-6010 '
or considered equal that shall require prior approval by the OCSDICommunications Division.
2.02 Engineering
A- Plans and structural calculations certified by the Professional Structural Engineer of record
registered in the State of California, shall be proNided and shall be included in the cost of the project.
The roof-mounted frame and its support system design criteria shall conform to the 1994 Uniform
Building Code and meet the herein Tower Requirements (2.03), whichever is greater for each design
issue.
B. PIans and structural calculations shall be submitted to the City of Huntington Beach
Development Services Department for approval and a permit obtained prior to fabrication.
2.03 Roof Aiounted Frame Requirements
A. Roof-mounted frame and its support system shall be HOT-DIP GALVANIZED per ASTM
A123 after fabrication and all hardware per ASTM A153. Galvalloy all connections of the support
system after installation. AD steel and hardware used in the construction of the roof-mounted frame
and its support system shall be American made. Manufacturer and supplier shall provide certification.
Roof-mounted frame, its support system and all antenna mounting brackets shall be unpainted. Twist
and sway shall not exceed 0.40 degrees at microwave dish antenna mounting points. All
communications antenna mounting structures shall provide for antennas to be mounted in a plumb
position.
B. The roof-mounted frame shall be 20-feet in height. The exposure"C' design criteria for the
roof-mounted frame and its support structure shall be for a basic wind speed of 100 mile per hour with
ice loading of none and shall be for zone 4 seismic area in accordance with the 1994 Uniform Building
Code. The roof-mounted frame shall be of vertical construction for the entire 20-feet. Each leg,just
above the mounting flange,shall have a 1/2-inch hole for attachment of the grounding system.
C. The roof-mounted frame shall be constructed with angle and shall have three bays. Frame shall
have bracing and a mounting bay below the 20-foot level. The design shall follow that of the J frame
as produced by Miicroflect Tower Company of Salem,Oregon.
D. Work platforms shall be installed inside the roof-mounted frame.
E. The RF screen wall shall be approximately 66 feet long mounted on the outside edge of the
parapet wall. The screen wall shall be approximately 12 feet in height and shall be constructed to
match the texture and color of the existing building.
F. Mounting structures for attachment of microwave dish antennas shall be provided and shall be
installed on the frame at the time of installation. Microwave dish mounts shall be installed on legs with
4 1/2"pipe 100 inches in length. Pipe shall extend above frame 48 inches and shall be attached to the
frame at the top level and at the 12-foot level.
G. Communications antenna mount for the transmit shall be 2 3/8" pipe side-mounted on the
frame and shall extend twenty-four inches above the frame height. Communications antenna mount for
the receiver shall be specially constructed of pipe descending in size so as to provide structural support
for the antenna and service personnel climbing and shall be attached to the roof-mounted frame for
support nand lateral-thrust stability. This mount shall extend above the frame structure 22-feet and step-
bolts for climbing shall be installed. The top 30-inches shall be 2 3/8"inch pipe.
H. Use of Andrew LDF5-50A coaxial cable shall be considered as specified for standard
communications antenna installations and Andrew EW63 Elliptical waveguide considered as specified
for microwave dish installations.
2.04 Design Loading
A Loading at the 20-foot level shall be: one each, eight-foot, high-performance microwave dish
antenna with an azimuth of 315.55°, one each, eight-foot, high-performance microwave dish antenna
with an azimuth of 150.15°, one each, Celwave PD 10164 antenna for the transmit mounted at 24"
above frame level. The mounting of the receive antenna shall be on the specially constructed mount
and shall be mounted 22-foot above the 20-foot frame level.
Loading should also include all existing antennas and provide for future growth potential.
3.00 EXECUTION
3.01 Inspection
A The erector shall inspect the site to verify the ability to erect the roof-mounted frame and its
associated support system in the designated location. Care shall be taken to erect the tower in such a
manner that should material or equipment fall, it will not come in contact with arty existing building or
structure.
4.03 ' Cable Tray: Internal -
Cable tray system and supports shall conform to requirements of current NEMA Standard Publication.
No VE-1 and shall be considered for a seismic zone 4 area.
A new cable tray system in the existing equipment room shall be NEMA Class 12B designation for the
interior cable tray system and shall be 12"wide ladder type cable tray with usable clear loading depth
of nominal 4"with rung spacing 6"on center. All tees shall be 12" wide cable tray with 12" radius.
The interior cable tray system shall be supported using tray brackets and hanger channel with rod
support to structure above. Rod supports shall be 1/2" x 13 threaded rod. Quantity as required to
provide a safety factor of 1.5.
f
Cable layout shown on attached drawing may have to be modified to accommodate a more feasible
cable exit from the equipment room.
4.04 Cable Tray: External
NEMA class 12-c designation shall be used for the exterior cable tray system and shall be 24-inch wide
ladder type cable tray with usable clear loading depth of nominal 4-inches with rung spacing 6-inches
on center. Cable tray system shall align with coaxial cable ladders on the antenna tower.
The cable tray system extending to the coaxial ladders shall be supported by 2-1/2 inch pipe supports
encased in cement with cradle type support at the top to support the cable tray system at the required
height. A safety factor of 1.5 shall be provided.
4.05 Building Ground System: Internal
A suitable building ground shall be installed in this equipment room at a single entry point. An internal
grounding ring shall be installed in the cable tray system, this internal grounding ring shall be
constructed from#1/0 AWG, stranded, insulated copper cable. One continuous length of cable shall be
run from the single entry grounding point to the most distant location in the cable tray. The cable tray
system shall be connected to the single entry ground point directly above the ground entry point.
Ground conductors from cable tray system and cable tray to single entry ground point shall be enclosed
in conduit.Lug for attachment to the cable tray system shall be of bronze material to prevent corrosion
problems due to dissimilar metals. Cold galvanizing shall be applied to the cable tray at the point of
attachment if drilling a hole is required. Bend radius for any grounding conductor shall be no less than
8".
4.06 Power Requirements: Electrical
The cable tray row shall have 12 ea., quad receptacles and shall be mounted on the east side of the
cable tray. Quad receptacles shall be spaced.on 20 1/4" centers. Each individual quad receptacle-shall
be controlled by a single 20 amp circuit breaker and all quad receptacles shall be numbered and shall
correspond to the numbered circuit breaker controlling the circuit. All circuits in this room must be
wired up to emergency backup power equipment. Also,the circuit breaker panel(s)must be upgraded
to handle the new electrical demand or replaced if required.
4.07 Air-Conditioning:
The present air conditioning system must be upgraded to handle the additional 6,500 watts of heat
loading equipment that is being added to this room for the new 800 MHz radio/microwave equipment.
Also air-conditioning must be wired for emergency power. City believes existing air-conditioning will
handle;,,6,500 watts of heat loading. Consultant should verify existing air-conditioning for load
capability.
4.08 Transient Control System:
:3
Incoming power shall have a transient voltage protection system installed as manufactured by Northern
Technologies Inc., 23123 E. Mission Avenue, Liberty Lake, WA 99019 1-800-727-0435 or
Transtector Systems Inc., 10701 Airport Dr.,Hayden Lake, Idaho 83835 1-800-882-9110.
p ATTACHMENT
B
3
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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
Caltrans, District 7, Field survey,utility William Job, Project Mgr.
.lames 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
C
ATTACHED TO AND FORMING PART OF CERTIFICATE OF IN
-NO.
COMMERCIAL GENERAL LIABILITY SECTION POLICY NO.
It is hereby understood and agreed the City of Huntington Beach, its agents, officers, and
employees are added as an additional insured under this policy but only insofar as their
legal liability arises out of the operations of the Named Insured.
DATED:
Authorized Representative
Certificate of Insurance
Agency Name and Address: THIS CERTIFICATE IS ISSUES AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.' THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED THE POI ICIES LISTED BELOW.
Insured's Name and Address: I Companies Afford age
COVERAGES. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO .. ED ABOVE FOR THE POLICY PERIOD
eeDICATED. NOTNRrrNSTANDINGANY REOUIREMEINT,TERA1 Ore CONDITION OF ANY CONTRACTOR OTHER DOC E RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN a Su „T T TERMS.EXCLUSIONS,AND CONOTrIONS OF
SUCH POLICES.
CO—y� �;tid _c:_ :tii'YP1:O�'.r ,� Y POLICY.. r,�POLICYr.- •F�PQLI r --�: ..:J.. '` :`r: �.ice; �
•� .I�• f.Y.. 17:'; Wit. r+ M'.... ��11 wIL:-�s SJ4�":
'-EFFEC:nATEt :EXPJR.�DA- �_ LIMITS
'�'7 r��� =►:.- r
S YNUMOER) -
GENERAL LIABILITY General Aggregate S
[ ] Comml.Gen.Liability Products-ComlOps Agg. S
j ] Clalmd Made Personal S Adv.Injury _ S
[ j Occurrence Each Occurrence s
[ ] Owners B Contractors
Fire Damage(any one fire) $
Protective
[ ] Contractual Liability ref
s
AUTO LIABILITY Combined Single Limit S
j ] Any Automobile
i 1 Ali owned autos Bodily Injury(per person)
[ ] Scheduled autos O $
[ Hired autos Bodily Injury(per accident
[ ] Non-owned autos S
[ ] Garage liability Property Damage
[ S
EXCESS LIABILITY
[ ] i Umbrella F Each Occurrence
[ ] Otherthan I arm Aggregate
R R ' Statutory Limits:
P A ION Each Accident $
OYERS' Disease-Policy Limit $
BILITY Disease-Each Employee S
OTHER:
Description of OperaUons[Locatons/Vehicles/Restrictons!$pecial Items:
Certificate Holder. CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WLL MAIL 22 DAYS WRrrTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
AUTHORIZED REPRESENTATIVE Date
y ATTACHMENT
E
DESIGN/BUMD AGREEMENT
TABLE OF CONTENTS
ARTICLE 1 WORK SIATMENT ....................................................................I
ARTICLE 2 CONTRACI DQCIYMENTS ..............................::............................2
ARTICLE 3 OWNER'S DUTIE,S,A RMPQNSIBTI JM ....................................3
ARTICLE4 .............................................................3
ARTICLE6 CONTRACT PRICE................. ...................................................5
ARTICLE 6 PAYMENT AND COMP) _'I'ION......................................................5
ARTICLE 7 PROJECT DOCUMENTS................................................................8
ARTICLE 8 I MlQNIMVIL DER REPRESENTATIONS AND RESPONSFBILITTES .......9
ARTICLE 9 DESICIN PHASE SERVICES.......................................................... 11
ARTICLE 10 CONSMCMON MASE SERVICES.............................................. 13
ARTICLE I OPERATIONAL PHASE............................................................... 15
ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS............................. 15
ARTICLE13 BONDS..................................................................................... 16
ARTICLE14 .................................................................. 17
ARTICLE15 INSM�ANF.............................................................................. 17
ti
ARTICLE 16 EAIF`ITT.EEES AND ROXAMM.................................................. 19
ARTICLE17 EERMITS......... .....:................................................................20
ARTICLE 18 I,AWS�AND REGULATIONS.........................................................20
1
ARTICLE19 TAXES .....................................................................................21
ARTICLE 20 USE OTH ;R.AREAS................................................21
ARTICLE 21 SAFETY AND PROTECTION........................................................22
ARTICLE 22 HAZARD C ,1MMIMCATLON PROGRAMS.....................................22
i
ARTICLE23 EME ENCIES..:.......................................................................23
ARTICLE24 SMMIMTS ............................................................................23
ARTICLE 25 MNTINUING THE WORK...........................................................23
ARTICLE 26 DESIGN/BUILDER'S GENERAL WARRANTY AND GUA ANTES ......24
ARTICLE27 ....................................................................26
ARTICLE 28 CHANGES IN M 3MQRKAND CLAIMS........................................27
ARTICLE 29 TESIS AND INSPECTIONS CORRECTION. REMQYAL.....................27
> OR ACCEPTANCE OF DEFECTNF. CONSIR CTIQN
ARTICLE 30 INDEPENDENT DESIGNMUILDER ...............................................31
ARTICLE31: ................................................ 31
ARTICLE 32 DISPUTE RESOLUTION .............................................................. 32
ARTICLE 33 ,ASSIGNMENT AND SUBCONTRACTING .......................................32
ARTICLE 34 COPYRIGHTS/PATENTS. ............................................................32
ARTICLE 35 CITY EMPLOYEES AND OFFICIALS............................................. 32
ARTICLE 36 NOTICES ..................................................................................32
ARTICLE 37 CAEITONS ................................................................................ 33
ARTICLE 38 MMIGRATION........................................................................... 33
ARTICLE 39 LFGAL_SERVICES SUBCO A, =G PROHIBITED...................... 33
ARTICLE 40 ATTORNEY'S FEES.................................................................... 33
ARTICLE 41 SEVERABILITY .........................................................................33
ARTICLE 42 ...................34
ii
DESIGN/BUII.D AGREEMENT
THIS DESIGNBUILD AGREEh1Eh7 (the "Agreement"), made and entered into
this day of , 1997, by and between the CITY OF HUNTDZGTON
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 DESIGN/BUILDER may be referred to collectively as
the "Parties".
RECITALS:
INIMREAS, CITY desires to obtain services for the design, engineering and
construction of the frame and supporting structure for an 800 MHz Communications Antenna
and Microwave Dish System in the City of Huntington Beach (the "Project"); and
NVHEREAS, the CITY issued a Request For Proposals for the Project on
1997 ("RFP"); and
%N7HEREAS, DESIGNBUILDER submitted a proposal to CITY in response to the
RFP on ("Proposal"),
NITMREAS, based upon the evaluation criteria and competitive selection procedure set
forth in the RFP. DESIGN/BUILDER has been selected to perform, either directly or pursuant
to Subcontracts, the design, engineering and construction services set forth in this Agreement
and the Contract Documents.
NOW, THEREFORE, it is agreed by CITY and DESIGN/BUILDER as follows:
ARTICLE 1
WORK STATEMM
1.01 The "Work" is the scope of services to be performed and/or provided by
DESIGNBUILDER pursuant to and as required by all Contract Documents including, but not
limited to the requirements set forth in RFP and Proposal herein and in accordance with all
applicable laws. DESIGN/BUILDER shall design, engineer, procure, construct, deliver,
erect, commission, start-up, test and complete the Project, consisting of all necessary material,
labor, supervision, machinery, equipment, cranes, facilities, tools, supplies and structures
including those reasonably inferable from the Contract Documents and necessary to produce
the stated result even though no mention thereof is made in the Contract Documents.
1.02 DESIGNBUILDER's responsibilities, as further described in the Contract
Documents include, but are not limited to, the following tasks:
A. Preparation of conceptual plans;
1
jmp/sample/de3Ign1101M7
f
B. Assisting the CITY with the CEQA and Design Review Board requirements;
C. Securing of all permits and approvals from governing agencies including the City of
Huntington Beach Community Development Department and the California Coastal
Commission;
D. Preparation of Construction Documents;
E. Construction of the Project; and
F. Operational testing.
1.03 DESIGNBUILDER hereby designates 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
CON7RACT DOCUMENIS
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/BUIL.DER's Proposal, attached hereto as Exhibit B;
D. The Faithful performance bond attached hereto as Exhibit C;
E. The Payment Bond attached hereto as Exhibit D;
F. The Warranty Bond attached hereto as Exhibit E;
G. Construction Documents,: upon approval by Owner in accordance with Article 9
herein.
2.03 Should there be any conflict between the terms of this Agreement and the
proposal of DESIGN/BUILDER, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said proposal which is in conflict herewith.
2
jmphampleldesign/i O16197
2.04 This Agreement, together with all other Contract Documents constitutes the
entire Agreement between the Parties hereto and all other representations or statements
heretofore made, verbal or written, are merged herein. This Agreement may be amended only
by written modification executed by duly authorized representatives of the Parties hereto or
according to the Change Order procedure set forth herein.
ARTICLE 3
T
SIDIMEES
3.01 Owner Designation tion 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!he Project.
3.02 O;timer'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 R12ht To R,TheMrk. 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 NVork. If the DESIGNBUILDER 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
DESIGNBUILDER the cost of correcting such deficiencies. If the payments then or
thereafter due the DESIGNBUILDER 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
TI�tF nF PERFORMANCE
4.01 Contract Tome. Time is of the essence of this Agreement. By executing this
Agreement, DESIGNBUILDER confirms that the Contract Time is a reasonable period for
performing the Work. DESIGNBUILDER agrees to commence Work immediately upon
receipt of a written Notice to Proceed issued by the CITY, to continue performance of the
Work in a diligent workmanlike manner, to achieve Substantial Completion of the Work
within calendar days after the date of issuance of the Notice to Proceed and to achieve
3
jmplsampieldesig nl1=19T
final completion of the Work within the time fixed by the City in its Certificate of Substantial
Completion (the "Contract Tune"). 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 DESIGNIBUILDER in writing.
A.
4.03 Delays apd Extensions of Time,
A. If the DESIGNIBUILDER is delayed in the progress of the Work by acts or
'j 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
DESIGNBUILDER delivers to the CITY a request for extension for such delay
and such request is approved by the CITY. CITY's approval of such request
shall not be unreasonably withheld.
B. An extension of time shall be the DESIGNIBUILDER's sole remedy for any
such delay unless the same shall have been caused by acts constituting
intentional interference by the CITY with the DESIGNBUILDER'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 DESIGNBUILDER shall be entitled
to reimbursement for its reasonable additional costs resulting from such delays
but not for any additional profit or overhead.
4.04 Liquidated Damages. DESIGNBUILDER 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 Iate Substantial Completion of the Project. The amount of the liquidated
damages calculated hereunder dues not include any penalty.
4
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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 DESIGNBUILDER that liquidated
damages may be assessed against progress payments or retainage and that CITY will issue a
deductive Change Order for the amount specified herein and will reduce the Contract Price
accordingly. In the event the remaining, unpaid Contract Price is insufficient to cover the full
amount of assessed liquidated damages, 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 DESIGNBUILDER, other than those caused by delay in achieving
Substantial Completion.
ARTICLE 5
CONTRACT PRICE
5.01 In consideration of DESIGN/BUILDER'S performance of the Work described
herein, CITY agrees to pay 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
4
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
DESIGNBUILDER 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 DESIGNBUILDER 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 Iater 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
DESIGNBUILDER's firm that the Work has been performed in
accordance with the provisions of this Agreement;
6. Include such documentation as may be necessary to substantiate costs
incurred, or estimated to be incurred and percentage of completion of
Work;
7. Include duly completed and executed forms of Conditional Waiver and
Release in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment requested; and
8. include duly completed and executed forms of Unconditional Waiver and
Release, in accordance with California Civil Code Section 3262 of all
persons eligible to file stop notices in connection with the Work covering
the payment received by DESIGNIBUILDER for the previous
Application for Payment.
-6.03 Pa=ent-
A. Upon submission of any such Application for Payment, if CITY is satisfied that
DESIGNIBUILDER is making satisfactory progress toward completion of Work in
6
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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 107 retainage.
C. The DESIGNBUILDER shall have the option to substitute securities for monies
> withheld from Progress Payments to ensure DESIGNIBUILDER's performance
under the terms of this Agreement.
6.04 i'i holding of Pa,Ments. 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 DESIGNBUILDER to make payments of undisputed amounts to
subcontractors for labor, materials or equipment;
D. Damage to the CITY caused by default or neglect of the DESIGNBUILDER to
the extent not covered by insurance; or
E. Reasonable evidence that the work cannot be completed within the Contract
Time.
6.05 Substantial Completion. When the DFSIGN/BUILDER considers that the
Work is Substantially Complete, the DESIGNIBUILDER 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 DESIGNBUILDER shall proceed promptly to complete
and correct the items. Failure to include an item on the DESIGNIBUILDER's list does not ,
alter the responsibility of the DESIGNBUILDER to complete all Work in accordance with the
Contract Documents. Upon receipt of the DESIGNIBUILDER's request for issuance of a
Certificate of Substantial Completion, the CITY will make an inspection to determine whether
Substantial Completion has occurred. The CITY may either reject the DESIGNIBUILDER's
request for issuance of a Certificate of Substantial Completion or issue a Certificate of
Substantial Completion with the punchlist items of Work to be completed or corrected
7
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("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
b DESIGNBUILDER until sixty (60) days following CITY's recordation of a
Notice of Completion and the DESIGNBUILDER submits to the Owner:
L An affidavit that all payrolls, bills for materials and equipment and other
indebtedness connected with the Work for which the CITY might in any
way be responsible, have been paid or otherwise satisfied;
2. Consent of surety to final payment;
3. Data establishing payment or satisfaction of all obligation such as
receipts, releases and waivers from all persons legally eligible to file
stop notices in connection with the Work;
4. Submittal of Records, Drawings and Documents in reproducible format;
5. Submittal of warranties, operational and maintenance manuals and other
submittals required by the Contract Documents; and
6. Such other documentation as the CITY may reasonably require.
6.07 Waiver of Claims. Acceptance of Final Payment by the DESIGNBUILDER
shall constitute a waiver of affirmative claims by the DESIGNBUILDER, 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. DESIGNBUILDER agrees that all materials prepared
hereunder, including all original drawings, designs, reports, field and office notices,
calculations, maps and other documents, shall be turned over to CITY upon termination of this
Agreement or upon Final Completion of the Project, whichever occurs first. In the event this
Agreement is terminated, said materials may be used by CITY in the completion of PROJECT
or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of
8
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amounts determined by CITY to be earned by DESIGNIBUILDER to the point of termination
or completion of the PROJECT, whichever is applicable. DESIGN/BUILDER shall-Fe
entitled to retain copies of all data prepared hereunder.
7.02 Delivery of XVork Prodigy. A. copy of every technical memo and report
prepared by DESIGNBUILDER 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 . DESIGNIBUILDER 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
DFS•j(`Tl`TIBIBLDER REPRESENTATIONS AND RESPONSIBILITIES
8.01 Examination-of I&calConditions. The DESIGNBUILDER 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.
8.02Conditions.
A. DESIGN/BUILDER has examined and carefully studied the Contract Documents
(including the Addenda) and the other related data identified in the Request for
Proposals. The DESIGN/BUILDER shall perform the Work in accordance with the
Contract Documents and submittals approved in accordance with the procedures set
forth herein.
9
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B. DESIGNBUILDER has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous
to the Site which have been identified or made available by CITY.
C. The DESIGNBUILDER shall take field measurement and verify field conditions
and shall carefully compare such field conditions and other information known to
the DESIGNBUILDER with the Contractor Documents before commencing
activities.
D. DESIGNBUILDER has correlated the information known to DESIGNBUILDER,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents and all additional examinations,
investigations, explorations, tests, studies and data with the Contract Documents.
E. DESIGNBUILDER has given CITY written notice of all conflicts, errors,
ambiguities or discrepancies that DESIGN/BUILDER has discovered in the
Contract Documents and the written resolution thereof by CITY is acceptable to
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.
R
8.03 LCgal-Requirements. DESIGNBUILDER is familiar with and is satisfied as
to all federal, state and local Laws and regulations that may affect cost, progress, performance
or furnishing of the Work. The DESIGNIBUILDER shall comply with all applicable Iaws and
shall give applicable notices pertaining thereto. The DESIGNBUILDER 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;
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2. A preliminary schedule of required Submittals and the times for submitting,
reviewing and processing each submittal;
3. A preliminary Schedule of Values and Cash Flow Projection; and
4. Certificates of insurance and endorsements (and other evidence of insurance
which either of them or any additional insured may reasonably request).
8.05 Initial Conference. Within twenty (20) calendar days after the issuance of the
Notice to Proceed, a conference attended by CITY and DESIGNBUILDER and others as
appropriate will be held to establish a working understanding among the Parties as to the Work
and to discuss the design concepts, schedules, procedures for handling submittals, processing
Applications for Payment, maintaining required records and other Project matters.
8.06 CITY's Acceptance of Preliminary_Submittals.
A. At least ten (10) days before submission of the first Application for Payment, a
conference attended by DESIGN/BUILDER, CITY and others as appropriate, will
be held to review for acceptability the required submittals. DESIGNBUILDER
shall have an additional ten (10) calendar days to make corrections and adjustments
and to complete and resubmit the documents. No progress payment shall be made
to DESIGN/BUILDER until the submittals are acceptable to CITY as provided
below.
B. The Projects Schedule will be acceptable to CITY as providing an orderly
progression of the Work to completion within any specified Milestones and the
Contract Time, but such acceptance will neither impose on CITY responsibility for
the sequencing, scheduling or progress of the Work nor interfere with nor relieve
DESIGNBUILDER from 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 DESIGNBUILDER
and its employees, agents and subcontractors shall be performed in an expeditious and
professional manner using architects, engineers and other professionals properly licensed and
11
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duly qualified in the jurisdiction in which the Project is located. The professional obligations
of such persons shall be undertaken and performed in the interest of the DESIGNBUILDER.
All design services performed pursuant to this Agreement shall be provided with the standard
of judgment, care, knowledge and skill which prevails among design professionals, of
knowledge and skill, engaged in practice within Southern California under the same or similar
circumstances, involving the design and construction of an improvement such as this Project in
compliance with the CITY's requirements and performance criteria. Nothing in this article
shall create a contractual relationship between such persons and the CITY.
9.02 Preliminary Design Phase. After the Contract Time commences and within
the times set forth in the Project Schedule accepted by CITY, DESIGNBUILDER shall:
b
A. Consult with CITY to understand CITY's requirements for the Project and
review available data;
B. ;t 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.
DESIGNBUILDER shall not proceed with the Final Design Phase until it
receives written authorization from CITY to do so.
9.03 Final Design Phase. After written acceptance by CITY of the Preliminary
Design Documents DESIGNBUILDER shall:
A. On the basis of the accepted Preliminary Design Documents, prepare final
Construction Documents showing the scope, extent, and character of the
construction to be performed and furnished by DESIGNBUILDER including
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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.
G. 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 DESIGNBUILDER 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
DESIGN/BUILDER will be compensated for the reasonable value of services
performed prior to termination.
ARTICLE 10
CONSTRUCTION FHASE 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 DESIGNIBUILDER. 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 DESIGNBUILDER shall be responsible for and shall coordinate all
construction means, methods, techniques, sequences and procedures.
C. The DESIGNBUILDER shall keep the CITY informed of the progress and quality
of the Work.
D. The DESIGN/BUILDER shall keep the premises free from accumulation of waste
13
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• y
materials or rubbish caused by the DESIGNIBUILDER's operations. At-,the
completion of construction of the Work, the DESIGNBUILDER shall remove from
and about the Project the DESIGNBUILDER's tools, construction equipment,
machinery, surplus materials, waste materials and rubbish.
A. DESIGNIBUILDER shall supervise, inspect and direct the construction
competently and efficiently, devoting such attention thereto and applying such skills
and expertise as may be necessary to provide the construction in accordance with
the Contract Documents. DESIGNIBUILDER 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 aII times during construction a
competent resident superintendent, who shall not be replaced without written notice
to CITY except under extraordinary circumstances. The CITY shall have the right,
at any time, to direct a change in the DESIGN/BUILDER's key personnel if
performance is unsatisfactory, as determined by CITY in its sole discretion. The
superintendent will be DESIGNIBUILDER's representative at the Site and shall
have authority to act on behalf of DESIGNIBUILDER. All communications to the
superintendent shall be as binding as if given to DESIGNIBUILDER.
1Q.03 Labor, Materials and,FquiRMenX.
A. DESIGN/BUILDER shall provide competent, suitably qualified personnel to
survey and Iay out the construction and perform construction as required by the
Contract Documents. DESIGNIBUILDER 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, startup and completion of the Work.
DESIGNIBUILDER, in the presence of CITY's personnel, will direct the
checkout of utilities and operations of systems and equipment.
14
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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 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
s OPERATION'AI,PHASE
11.01 During the operational phase, DESIGNBUILDER shall:
A. - Provide assistance in connection with the start-up, testing, refining and
adjusting of any equipment or system.
B. Assist CITY in training staff to operate and maintain the Project.
C. Assist CITY in developing systems and procedures for control of the operation
and maintenance of and record keeping for the Project.
ARTICLE 12
SUBCONTRACTORS, SUPPLIERS AND OTC
12.01 DESIGNIBUILDER shall not employ any subcontractor, engineer, supplier or
other individual or entity against whom CITY may have reasonable objection.
DESIGNBUILDER 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
DESIGNIBUILDER has reasonable objection.
12.02 DESIGNBUILDER shall be fully responsible to CITY for all acts and
omissions of the subcontractors, engineers, suppliers and other individuals or entities
performing or furnishing any of the Work under a direct or indirect contract with
DESIGNBUILDER. Nothing in the Contract Documents shall create for the benefit of any
such subcontractor, engineer, supplier or other individual or entity any contractual relationship
between CITY and any such subcontractor, engineer, supplier or other individual or entity,
nor shall it create any obligation on the part of CITY to pay or to see to subcontractor,
engineer, supplier or other individual or entity except as may otherwise be required by laws
and regulations.
12.03 DESIGNBUILDER shall be solely responsible for scheduling and coordinating
subcontractors, engineers, suppliers and other individuals and entities performing or furnishing
any of the work under direct or indirect contract with DESIGN/BUILDER.
15
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DESIGNBUILDER 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 DESIGNBUILDER.
12.04 All services performed or provided to and material and equipment supplied to
DESIGNBUILDER by a Subcontractor or Supplier will be pursuant to an appropriate design
sub-agreement or construction sub-agreement between DESIGNBUILDER 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
DESIGNBUILDER and the subcontractor, engineer or supplier will contain provisions
whereby f the subcontractor, engineer or supplier waives all rights against CITY,
DESIGNBUILDER, 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 DESIGNBUILDER's faithful performance of the Work;
B. A Warranty Bond in the amount of one hundred percent of the Contract Price to
warrant such performance for a period of one (1) year after CITY's acceptance
thereof; and
C. A Payment Bond in the amount of one hundred percent of the Contract Price to
guarantee payment of all claims for labor and materials furnished.
13.02 The bonds shall be executed by a California admitted surety rated A-VII or
better in Best's Insurance Guide. If a Best's Insurance Guide rating is not available, the
proposed surety must meet comparable standards of another rating service satisfactory to
CITY. Bonds issued by a surety listed in the 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
16
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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
EA[ MrATIO'�I
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 DESIGNBUILDER or its subcontractor(s) were responsible), whether such claims,
demands, actions or liability are caused by DESIGNIBUILDER, DESIGNIBUILDER's
subcontractors, agents or employees or products installed on the Project by
DESIGNBUILDER or subcontractors, regardless of whether caused in part by a party
indemnified hereunder, excepting only such injury, death, or damages as may be caused solely
and exclusively by the negligence or willful misconduct of the Indemnitees, as determined by a
court of competent jurisdiction, and such indemnification shall extend to all claims, demands,
actions, defense costs, or liability for injuries, death, or damages occurring after completion of
the Project as well as during the Work's progress. DESIGNBUILDER further agrees that it
shall (at the option of the party required to be indemnified hereunder) at its own cost, expense,
and risk, defend Indemnitees in any and all claims, demands, actions, suits, or other legal
proceedings which may be brought or instituted against Indemnitees.
14.02 This indemnity shall survive termination of the Agreement or final payment
hereunder. This indemnity is in addition to any other rights or remedies which the
Indemnitees may have under the law or under the Contract Documents. In the event of any
claim or demand made against any party which is entitled to be indemnified hereunder, the
CITY may, in its sole discretion, reserve, retain or apply any monies due to the
DESIGNBUILDER under the Agreement for the purpose of resolving such claims; provided,
however, that the CITY may release such funds.if the DESIGN/BUILDER provides the CITY
with reasonable assurance of protection of the Indemnitees' interest. The CITY shall in its
sole discretion determine whether such assurances are reasonable.
ARTICLE 15
15.01. NVorkers,Com era nsation,Insurance.
A. Pursuant to California Labor Code section 1861, DESIGNBUILDER
acknowledges awareness of section 3700 et seq, of said Code, which requires
every employer to be insured against liability for workers compensation;
DESIGN/BUELDER covenants that it will comply with such provisions prior to
17
Jmplsampleldesign11018197
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.
C. DESIGNBUILDER shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees.
,sDESIGN/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 . 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 DESIGNIBUILDER, 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
productslcompleted 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 Profuslonal 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:
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Jmplsampleldesig N101M7
A. The policy retroactive date coincides with or precedes the
DFSIGNBUILDER's start of work (including subsequent policies purchased as
renewals or replacements).
B. DESIGNBUILDER 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, DESIGNBUILDER 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_ C of fates of Insurance and Endorsements, Prior to commencing
performance of the `York hereunder, DESIGNBUILDER shall furnish to CITY certificates of
insurance, subject to approval of the City Attorney, evidencing the foregoing insurance
coverages required by this Agreement; said certificates and endorsements shall:
A. Name the CITY as an additional insured with the sole exception of professional
liability insurance;
B. Provide the name and policy number of each carrier and policy;
C. ShalI 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 DESIGNBUILDER shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY. The
requirement for carrying the foregoing insurance coverages shall not derogate from the
provisions for indemnification of CITY by DESIGNIBUILDER under the Agreement. CITY
or its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. DESIGN/BUILDER shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
ARTICLE 16
PATENT IEEES AND ROYATMES
16.01 DESIGNBUILDER shall pay all license fees and royalties and assume all costs
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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 cla`uns,'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 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 assignM"ent will be made and becomes effective at the time CITY tenders final payment to
DESIGNIBUILDER, without further acknowledgement by the Parties.
ARTICLE 17
PE MITTS
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 DESIGNBUILDER, when necessary, in obtaining such
permits and licenses. DESIGNBUILDER shall pay all governmental charges and inspection
necessary for the prosecution of the construction, which are applicable on the last day for
receipt of proposals. 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 A�rD RECULATION'S
18.01 DESIGNIBUILDER 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 Iaws and regulations,
CITY shall not be responsible for monitoring DESIGNBUILDER's compliance with any Iaws
or regulations.
18.02 If DESIGNIBUILDER 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
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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 SHE AM =R AREAS
20.01 DESIGNBUILDER shall confine construction equipment, the storage of
materials and equipment and the operations of construction workers to those lands and areas
permitted by the CITY and other land and areas permitted by laws and regulations, rights-of-
way, permits and easements, and shall not unreasonably encumber the premises with
construction equipment or other materials or equipment. DESIGNIBUILDER 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.
DESIGNIBUILDER 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, Iegal 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 DESIGNIBUILDER's
performance of the construction.
20.02 During the performance of the construction, DESIGNIBUILDER shall keep the
premises free from accumulations of waste materials, rubbish and other debris resulting from
the construction. At the completion of the construction DESIGNIBUILDER 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. DESIGNIBUILDER shall restore to original condition all property not
designated for alteration by the Contract Documents.
20.03 DESIGNIBUILDER shall not Ioad 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.
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ARTICLE 21 _
SAFETY AND PROTECTION
21.01 DESIGNIBUILDER shall be solely responsible for initiating, maintaining and
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, Iawns,
walks, pavements, roadways, structures, utilities and underground facilities not
designated for removal, relocation or replacement in the course of construction.
21.02 DESIGNBUILDER shall comply with applicable laws and regulations of any
public body having jurisdiction for safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety
and protection. DESIGN/BUILDER shall notify owners of adjacent property and of
underground facilities and utility owners when prosecution of the Work may affect them, and
shall cooperate with them in the protection, removal, relocation and replacement of their
property. All damage, injury or loss to any property caused, directly or indirectly, in whole
or in part, by DESIGNBUILDER, any subcontractor, supplier or any other individual or
entity directly or indirectly employed by any of them to perform or furnish any of the work or
anyone for whose acts any of them may be liable, shall be remedied by 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 DESIGNIBUILDER in accordance with Section 12.09 that the work is acceptable
(except as otherwise expressly provided in connection with Substantial Completion).
21.03 Sakti 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.
ARTICLE 22
HAZARD COMMUNICATION PROGRAMS
22.01 DESIGNIBUILDER 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 Iaws or
regulations.
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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, DESIGNBUILDER, 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 DESIGNBUILDER believes
that- any significant changes in the construction or variations from the Contract Documents
have been caused thereby. If a change in the Contract Documents is required because of the
action taken by DESIGNBUILDER in response to such an emergency a work change
directive or change order will be issued to document the consequences of such action.
ARTICLE 24
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 DESIGNBUILDER has in writing called CITY's attention to each
such variation oat the time of submission and CITY has given written approval of each such
variation by specific written notation thereof incorporated in or accompanying the submittal.
24.03 Where a submittal is required by the Contract Documents of related
construction provided prior to CITY's review and approval of the pertinent submittal will be at
the sole expense and responsibility of DESIGNBUILDER.
ARTICLE 25
CONTINUING THE WORK
25.01 DESIGN/BUILDER shall carry on the Work and adhere to the Project Schedule
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during all disputes or disagreements with CITY. No Work shall be delayed or postponed
pending resolution of any disputes or disagreements, except as DESIGNIBUILDER and CITY
may otherwise agree in writing.
ARTICLE 26
DESIGNER'S GEl!'FRA1,3YARRANTY AND GUARANTEE
26.01. DESIGNBUILDER hereby unconditionally guarantees the CITY that the Work
(including all services, labor and materials provided by Subcontractors, sub-subcontractors of
any tier, Vendors and Material Suppliers) shall strictly comply with the provisions of the
Contract Documents, including all Drawings and Specifications, and that the Work shall be
first-class in every particular and free from defects in construction and workmanship. The
DESIGMIBUILDER 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 DESIGNIBUILDER shall jointly assign all its rights and interests in
warranties of Vendors and Material Suppliers to the CITY and Owner upon Substantial
Completion in a fashion that meets the specifications of this Section.
26.02 DESIGNBUILDER's obligation to perform and complete the Work in
accordance with the Contract Documents shall be absolute. None of the following will
constitute an acceptance of work that is not in accordance with the Contract Documents or a
release of DESIGNBUILDER's obligation to perform the Work in accordance with the
Contract Documents:
A. Observations by CITY;
B. The making of any progress or final payment;
C. The issuance of a certificate of substantial compliance;
D. Use or occupancy of the work or any part thereof by CITY;
E. Any acceptance by CITY or any failure to do so;
F. Any review and approval of a submittal;
G. Any inspection, test or approval by others; or
H. Any correction of defective construction by CITY.
The DESIGN/BUILDER guarantees set forth in this Article shall extent for a period of
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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 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
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
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 DESIGNIBUILDER is obligated
to correct all such defects, whether these defects are discovered before or after the Date of
Final Completion, and whether or not the defective Work has been fabricated, installed or
completed. Access to building's interior for corrective work shall be closely coordinated with
the CITY so as -not to conflict with scheduled events taking place within. The
DESIGNBUILDER shall obtain approved "Dark Days" from CITY prior to commencing
corrective measures of defective work. The DESIGNBUILDER shall bear all costs of
correcting such rejected and defective Work, including access to the Work and removal and
replacement of non-defective Work which is needed in order to correct defective Work, and
also including compensation for the Architect's or Owner's Representative additional services
made necessary thereby.
26.04 In the event the 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
DESIGNBUILDER fails to promptly and adequately correct such defect, the CITY shall have
the right to correct or to have such defects corrected or the account of the
DESIGNBUILDER, 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
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jmplsampleldesigNt D/M7
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 DESIGNBUILDER and its surety hereby agree to indemnify and hold all
indemnitees as defined in the Agreement harmless from and against any and all costs, expenses
including attorneys fees, damages, claims or liabilities in any way arising out of stop notices
relating to materials, equipmenvor services provided the DESIGNIBUILDER, 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.
..1
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
DESIGNBUILDER. In any such cases, a Change Order will be issued to reflect a reduction
in the Contract Price where appropriate and equitable. In the event that the final payment has
been made or insufficient funds remain to permit offset by the CITY, the DESIGN/BUELDER
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
DESIGNIBUILDER 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
PREf . T
AGE
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.
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ARTICLE 28
CHANGES M WDEK AND CLADIS
28.01 In the event CITY requires additional services not included in the Contract
Documents, or changes in the scope of services described in the Contract Documents,
DESIGNBUILDER will undertake such work after receiving' written authorization from
CITY. Additional compensation for such extra work shall be allowed only if the prior written
approval of CITY is obtained.
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.
DESIGN/BUILDER agrees to make any and all changes, f imish materials and perform all
work necessary within the scope of the PROJECT as the CITY may require in writing. Under
no condition shall DESIGNBUILDER make any changes without the written order of the
CITY, and CITY shall not pay any extra charges made by DESIGNIBUILDER 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 Claim . 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 DESIGNBUILDER shall give
the CITY written notice within seven (7) calendar days after it becomes aware of the event
giving rise to the Change Proposal. Thereafter the CITY shall have a reasonable amount of
time after receipt of the claim to either confum 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
OR ACCEPTANCE
TSMCTIO
•
29.01 Notice of Defects. Prompt written notice of all defective construction of which
CITY has actual knowledge will be given to DESIGNIBUILDER 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. DFSIGNBUILDER shall provide them proper and
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safe conditions for such access and advise them of DESIGNIBUiLDER's site safety
procedures and programs so that they may comply therewith as applicable.
29.03 Tests And Insnecdinns.
A. If the Contract Documents, laws or regulations of any public body having
jurisdiction require any part of the construction specifically to be inspected,
tested or approved, DESIGNBUILDER shall assume fu11 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. DESIGNIBUILDER 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 DESIGNBUILDER's purchase thereof for
incorporation in the construction.
B. bESIGN/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 DESIGNBUILDER's expense unless DESIGNBUILDER has
given CITY timely notice of DESIGNBUILDER's intention to cover the same
and CITY has not acted with reasonable promptness in response to such notice.
29.0
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, DESIGNIBUILDER, 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
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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, DESIGNfBETILDER shall be allowed an increase in the Contract
Price or an extension of the Contract Time (or milestones), directly attributable
to such uncovering, exposure, observation, inspection, testing, replacement and
rework; and, if the Parties are unable to agree as to the amount or extent
thereof, DESIGNBUILDER may make a claim therefor as provided herein.
29.05 City MaM k, -Stop Ab 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 DESIGNBUILDER
to stop constriction 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 Corrpctiot .()r, Removal Of Defective Construction. CITY will have
authority to disapprove or reject defective construction and will have authority to require
special inspection or testing of the construction whether or not the construction is fabricated,
installed or completed. If required by CITY, DESIGNIBUILDER shall promptly, as directed,
either correct all defective construction whether or not fabricated, installed or completed, or, if
the construction has been rejected by CITY, remove it from the site and replace it with
nondefective construction. DESIGNBUILDER shall bear all direct, indirect and
consequential costs of such correction or removal (including but not limited to fees and
charges of engineers, architects, attorneys and other professionals)made necessary thereby.
29.07 Correction Period.
A. If within one year after the date of Substantial Completion or such longer period
of time as may be prescribed by laws or regulations or by the terms of any
applicable special guarantee required by the Contract Documents or by any
specific provisions of the Contract Documents,'any construction is found to be
defective, 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 DESIGNIBUILDER 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
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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 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 DESIGNBUILDER to CITY.
29.09 . If DESIGNBUILDER fails within
a reasonable time after written notice from CITY to correct defective construction or to
remove and replace rejected construction as required by CITY or if DESIGN/BUILDER fails
to perform the construction in accordance with the Contract Documents, or if
DESIGNBUILDER 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
DESIGNBUILDER from all or part of the site, take possession of 21I or part of the
construction, and suspend DESIGNIBUILDER's services related thereto, take possession of
DESIGNBUILDER's tools, appliances, construction equipment and machinery at the site and
incorporate in the construction all materials and equipment it stored at the site or for which
CITY has paid DESIGN/BUILDER but which are stored elsewhere. DESIGNIBUILDER
shall allow CITY, CITY's representative, agents and employees, CITY's other contractors
and consultants access to the site to enable CITY to exercise the rights and remedies under this
Section. All costs and damages incurred or sustained by CITY in exercising such rights and
remedies shall be charged against DESIGNBUILDER and a change order will be issued
incorporating the necessary revisions in the Contract Documents and CITY shall be entitled to
an appropriate decrease in the contract price, and, if the parties are unable to agree as to the
amount thereof, CITY may make a claim therefor as provided herein. Such costs and damages
30
kWsampletdesT9nlI MM7
z
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. DESIGNBUILDER shall not be
allowed an extension of the contract times (or milestones) because of any delay in the
performance of the construction attributable to the exercise by CITY of CITY's rights and
remedies hereunder.
29.10 Final Inspection. Upon written notice from DESIGNBBUILDER that the entire
construction or an agreed portion thereof is complete, CITY will make a final inspection with
DESIGN/BUILDER and will notify DESIGNBUILDER in writing of all particulars in which
this inspection reveals that the construction is incomplete or defective. DESIGNBBUILDER
shall immediately take such measures as are necessary to complete such construction or
remedy such deficiencies.
► ARTICLE 30
I�EP__EI4'IZEh'T�E�G ' LIILDER
30.01 DESIGNBUILDER 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
DESIGNBUILDER and its officers, agents and employees and all business licenses, if any, in
connection with the services to be performed hereunder.
ARTICLE 31
UMIr t
OE AGRUNIEN"r
31.01 All Work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate DESIGNIBUILDER's services hereunder at any time, with or
without cause, and whether or not the Project is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
DESIGNBUILDER as provided herein.
31.02 In the event of termination for convenience, the DESIGN/BUILDER will be
compensated for the reasonable value of the Work performed prior to the termination. In the :
event the DESIGNBUILDER defaults or persistently fails or neglects to carry out the Work in
accordance with the Contract Documents, CITY may give written notice that CITY intends to
terminate the performance of the Work. If the DESIGNBUILDER fails to correct the failure
of performance within seven (7) calendar days after being given notice, the Owner may,
without prejudice to any other remedy, correct such deficiencies and may deduct the cost
thereof from any payment due the DESIGNBUILDER or, at the Owner's option, may
terminate the employment of the DESIGNBUILDER and take position of the site and of all
materials located on the site as well as all drawings, plans and specifications and finish the
31
Implsampreldulgnll ol=
Work by whatever means the CITY may deem expedient. When the Owner terminates•the
DESIGNBUILDER for default as provided for herein, the DESIGNBUILDER shall not be
entitled to receive further payment until the Work is finished. If the expense of finishing the
Work exceeds the unpaid balance of the Contract Price, the DESIGN/BUILDER and its surety
shall pay the difference to the CITY.
ARTICLE 32
DISPUTE RESOLUTION
32.01 Any dispute which cannot be resolved between the Parties shall be resolved
through litigation in a court of competent jurisdiction (i.e., Superior or Municipal) of the State
of California. Venue for any such 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 Iimited to, the provisions of
California Code of Civil Procedure Section 394. DESIGNBUILDER agrees to incorporate
the provisions of this Article into all subagreements and subcontracts and to obtain express
waives from"all subcontractors and subconsultants of rights concerning change of venue.
ARTICLE 33
ASSIGN" TENT AND SUBCON7RACTING
33.01 DESIGN/BUILDER shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
ARTICLE 34
COPYRIGHTS/PATENTS
34.01 CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
ARTICLE 35
CTTY EMPLOYEES &M Off' QAT—S
35.01 DESIGNBUILDER 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
NQTICFS
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
32
Jmpts ampleldesigN1009T
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 DESIGNBUILDER:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
ARTICLE
�37
CAPl SONS
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
Z1�11zgATj0N
38.01 DESIGN/BUMDER 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
L EGAL SEMC SUMNTRACTM 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 outsidr
the scope of services contemplated hereunder. DESIGN/BUILDER understands that pursuW
to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal could
for CITY; and CITY shall not be Iiable for payment of any legal services expenses incurred
DESIGN/BUILDER. j
ARTICLE 40
E
AUQMMY'S FEES
40.01 In the event suit is brought by either party to enforce the terms and prc
of this agreement or to secure the performance hereof, each party shall bear its own at
fees.
ARTICLE 41
SEVFRABILITY
41.01 In the event any provision of this Agreement and/or the Contrac}
33
f mplsamP1eldesignl10/8/97
' ` y
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 RMUIRED BY LAW DEEMED MERTED
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.
DESIGNIBUILDER: CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
By:
print name
ITS: (circle one) Chairman/PresidentlVice Mayor
President
ATTEST:
AND
r
City Clerk
By: .
APPROVED AS TO FORM:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary —Treasurer , A�ity Attorney qy1
License Number: INITIATED AND APPROVED:
Expiration Date:
Chief of Police
REVIEWED AND APPROVED:
REVIEWED AND APPROVED:
.City Administrator
Director of Public Works
34
Jmp/sampWdestsnit 0&97
DISQUALIFICATION QUFSITOITNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete,under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on
or completing a Federal, State or local government project because of a violation of law or a
safety regulation?
❑ Yes ❑ No
If the answer is yes, explain the circumstances in the space provided.
'1
NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate:
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Contractor
By
3
Title
Date:
a �
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH,CALIFORNIA
Gentleman:
The undersigned hereby promises and agrees that in the performance of the work
specified in the contract, know as Civic Center 800 MHz Tower Project, (1) (We) (It)
will 'tmploy and utilize only qualified persons, as hereinafter defined, to work in
proximity to any electrical secondary or transmission facilities. The term "'Qualified
Person"is defined in Title 8, California Administrative Code, Section 2700,as follows:
"Qualified Person: A person who, by reason of experience or instruction is
familiar with the operation to be performed and the hazards involved"
The undersigned promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission
orders, and the State of California Cal-OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are
binding upon any subcontractor or subcontractors that may be retained or employed by
the undersigned, and that the undersigned shall take steps as are necessary to assure
compliance by any said subcontractor or subcontractors with the requirements contained
herein.
Contractor
By
Title
Date:
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4144, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder
on said contract in an amount in excess of one-half of one percent of the total bid and the
portion of the work to be done by such subcontractor.
Portion State License
of Work Name of Subcontractor and Address Number Class
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
4
NONCOLLUSXON AFMAYTT TO BE EXECUTED
BY BIDDER AND SUBA TIED N= BID
State of California
ss.
County of Orange
being first duly sworn, deposes and says that he or she is
of the party mating the foregoing bid that the bid is not made in the interest
of, or on the behalf of,any undisclosed person,partnership, company, association, organization,
or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone
to fix the bid price, or that of any other bidder, or to secure any advantage against the public
body awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid arc true; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Name of Bidder
Signature of Bidder
Address of Bidder
Subscribed and sworn to before me this day of , I9
NOTARY PUBLIC
NOTARY SEAL
l
Tower Structures , Inc.
1869 NIRVANA AVENUE,CHULA VISTA,CALIFORNIA 91911
TEL:619/421-1181 FAX:619/421-0533
November 5, 1997
Mr. Roger W. Ham
800 MHz Project and Financial Manager
Police Department
City of Huntington Beach
2000 Main Street
Huntington Beach,CA 92648
RE: Civic Center 800 MHz Project/CC 1048
Dear Mr.Ham:
ii
Enclosed please find our Proposal to provide Design Build services for your upcoming 800 MHz
project.
We hope that you find our background and experience with projects of this nature to be a perfect
fit for the Civic Center site development project.
Our Proposal is based on a firm-fixed price and will remain valid for a period on 90 days
beginning 11/5/97. Our proposal is also based on the existing concrete beams of the building
being of sufficient size and strength to support the new antenna structure. Existing loading
information of the chiller equipment was not available prior to bid time.
If you have any questions or require any further information please do not hesitate to contact me.
' cerely,
Donald G. Weirauch
Vice President
Enc. Bid Proposal
Towers • Shelters • Monopoles • QWIKPOLES • QWIKMOUNTS • Site Construction •Antenna Installation
PROPOSAL
City of Huntington Beach
Civic Center 800 MHz Project CC 1048 RFP
October 1997
Item Page number
1. Team Organization including an organization diagram............ 1
2. Project Approach............................................................ 2
3. Experience and Qualifications........................................... 3
4. Design/build Experience with RF Transparent Screening......... 5
5. Design/build Experience with Transmitter Sites..................... 5
6. Design/build Experience with Multi-story Rooftops.................. 7
7. In—House Capability........................................................ 7
8. Structural Engineering...................................................... 7
9. License......................................................................... 7
10.Steel Fabrication............................................................. 7
11.Radio References............................................................ 7
12.CAL-OSHA..................................................................... 7
13.Motorola R-56................................................................. 7
14.Bonding........................................................................ 8
15.Bonding Capacity............................................................ 8
16.Financial Statement......................................................... 8
17.Litigation........................................................................ 8
18.Resumes....................................................................... 8
Attachments
CAL OSHA Injury& IIlness Prevention Program (11PP) ................ A
ProjectSchedule ................................................................. B
List of Subcontractors .......................................................... C
Non-Collusion Affidavit ......................................................... D
Disqualification Questionnaire ................................................ E
Insurance Certificates ........................................................... F
UtilityAgreement ................................................................. G
Letters of Reference ............................................................. H
BondingAbility .....................................................................
Team Organization
Project Leader Tony Sierra
Overall project responsibility.
Principal Engineer Ben Hopkins
Overall design responsibility
Project Engineer Eric Lehmkuhl
Detailed design work.
Project Assistant Engineer Peter Smith
Detailed design work
Project Administrative Assistant Barbara Tilley
Coordination of contract documents,invoices,insurance,bonds
Project Construction Coordinator Paul Petersen
Construction scheduling,including crews,equipment,access
Project Permit Coordinator John Dupree
Procure permits and assist City with permtting
Production Manager Art Cacciapaglia
Overall responsibility for shop fabrication
Tony Sierra
Project Leader
Art CacciapagIia Ben Hopkins
Production ltfanager Project Engineer Paul Petersen Barbara Tilley
Proj Const Coordinator Project Admin Asst
E Lehmkuhl
Proj Eng
John Dupree Peter Smith
Permit Coord Asst Eng
1
t
Project Approach
1. Meet with the Systems Group,Huntington Beach Police Department,City of
Huntington Beach to confirm project goals and details. Define roles of each party,and
of each individual.
2. Assess structural capabilities of existing roof
3. Prepare preliminary designs for discussion with the Systems Group,Huntington Beach
Police Department,City ofHuntington Beach
4. File preliminary designs and applications with California Coastal Commission
5. Revise preliminary designs as necessary to accommodate changes
6. Review final designs with the Systems Group,Huntington Beach Police Department
City of Huntington Beach
7. File final designs and applications with CEQA and Design Review Boards
8. file final designs and applications with City of Huntington Beach Development Services
bepartment
9. Prepare detailed fabrication/manufacturing drawings.
10. Procure materials and fabricate structures.
11. Obtain street closure permits, OSHA permits,hoisting area,provide notification to
appropriate parties,and schedule construction
12. Perform site construction
13. Visit site with the Systems Group,Huntington Beach Police Department;City of
Huntington Beach to verify compliance.
14. Procure all necessary final approvals from governing agencies.
2
T i
EXPERIENCE AND QUALIFICATIONS
A. Design/build experience on 800 MHz public safety radio systems
Customer. Motorola
Customer Contact:George Gray(Sacramento) 916-985-8160
1. County of Sacramento 800 MFlz public safety radio system. Complete design,permitting,
and construction of 4 new CNIU equipment buildings,up to 30 x 50 in size with power
requirements up to 800 Amps and HVAC requirements up to 400,OOOBTU. Installation of
antennas on exiting structures,including the County Jail with helicopter access only,and
design and installation of custom antenna mounts and cable supports on a water tank. This
included isolating the antenna and cable system from the cathodic protection system on the
tank. Construction of new towers up to 280 feet in height.Site clearing and grading and
construction of access roads was performed during the heaviest rainfall in the area ever
recorded,and required the use of special soil treatment techniques to allow construction to
proceed. The project included installation of water lines installation of grounding,
generators, fuel tanks, fencing.AC power,DC power,antennas,waveguide,and coaxial
cable. ?he contract amount for this project exceeded$2,000,000.
Customer. City of San Diego.
Customer Contact:Paul Salter 619-525-8652
Construction of towers and shelters at 7 sites in support of new 800 N1Hz public safety radio
system. Scope includes grading,grounding,fencing,miscellaneous site work. As the prime
contractor a public works project, this project required bonding. 7be contract total
exceeded one and one-half million dollars.
Customer Harris Corporation,ESD Division
Contact:Jorge Paoli at the County of Los Angeles 213-267-3003
Project Description: Construction of 9 sites in support of 800 NIHz public safety radio
system for the County of Los Angeles. Scope included design and permitting,constructing
new sites,towers,shelters,generators,fuel tanks, fencing,installation and testing of radios,
antennas,and coaxial cables,AC and DC power,and manufacture and installation of rack
support hardware. Ibis project also required analysis and extensive reinforcement of an
existing tower. Concrete shelters were transported to sites with extremely difficult access.
Contract amount in excess of$2,000,000.
Customer. City ofLos Angeles
Contact Mike Bowen 213485-1041
Project Description:Design,manufacture,and construction of new 350 foot tall self-
supporting multi-use tower and foundation at hit.Lee This site is located behind the
Hollywood sign,an historic landmark,'and within view of Afullholland Drive,a designated
Scenic Highway. Tower Structures procured permits for this project. Contract amount
$473,811.00.
r ;
Customer: Ericsson GE
Contact:Lane Harris 714-670-3253
Project Description: 800 MHz public safety radio system for the City of Los Angeles.
Tower Structures procured all permits other than FCC permits for this project in the City of
Los Angeles and the County of Los Angeles,including presentations at zoning hearings for
environmentally sensitive sites and meetings with homeowners to address their concerns.
Project included 2 piece portable concrete shelters 12 wide x 401on& 180 foot tali self
supporting towers,wall mounts,and miscellaneous site work.Two of the 12 x 40 shelters are
constructed on hillsides,with masonry support walls on the downhill sides. Tower
Structures also installed all microwave for this project under a separate contract to Harris
Corporation. Contract amount in excess of$1,000,000.
Customer. NEC America
Contact:Mary McCollum 214-907-4240
Project Description: 11 microwave sites for the 800 MHz system for the County of
Riverside. This project called for a modular approach for which we developed a new line of
towers,with vertical 4 inch pipe legs 12 foot G inches nominal width and no taper. This
tower series-has the benefits of allowing microwave antenna mounting directly to the legs,
and the flexibility of mounting appurtenances such as antenna booms and platforms at any
elevation.Contract amount in excess of$2,000,000.
Customer.County of San Diego
Contact:Curt Monroe 619-694-3903
Construct sites throughout San Diego County for 800 N1Hz system. Work included
conversion of existing building space to radio room use,construction of new towers and
communications shelters,installation of generators and fuel tanks,construction of roads,
retaining walls, fences,and grounding. Contract amount in excess of$5,000,000.
d
e t
B. Design/build experience with RF transparent screening
See attached literature entitled 1Jid, den• ite S lutions
Customer:Bay Area Teleport
Contact.: Steve Clark 510-829-9337
Installation of microwave sites throughout Northern California. Work included complete
rooftop sites with RF transparent screening in Santa Rosa,Walnut Creek,Mountain View,
San Francisco,and Sacramento.
Customer: Nextel
Contact-: Fred Howe 510-645-1400
Installation of 800 h1Hz sites in Northern and Southern California. Included installation of
antennas on rooftops with RF transparent screening at 7 sites.
Customer. Airtouch
Contact•.: Karl Drews
1. Construction of tower resembling the Washington Monument at intersection of
Freeways 5 and 405. The tower is covered with RF transparent material,and the
combination equipment building and tower foundation is below grade and screened with
landscaping.
2. Construction of a monopole with an octagonal shaped pod on top. The pod was
designed to resemble the screening on top of the nearby Fluor building. The pod is
covered with RF transparent material that conceals 12 microwave dishes plus the cellular
antennas.
Customer, Various
Project::the"Monobox'; We have developed an alternative to the monopole for cellular
and PCS sites. The product is a standardized tower with no taper,covered with RF
transparent material that we have named the"Monobox".
C Design/build experience with construction of transmitting sites.
Tower Structures has been continuously engaged in design/build construction of
transmitting sites since 1968. Attached are some sample letters of recommendation dated
1974, 1985, 1987,and 1993. Current references are as follows:
Motorola City of Torrance
Mike Mosher 714-254.6613 Emilio Paerels 310-618-5670
Mike O'Brien 619-578-2222
Tom Williams 510-276-6562 Bechtel
Phil Doboz 619-530-8420 Oscar Peterson 415 768-8716
George Gray 916-854-2805
City of San Diego Meridian Communications
Paul Salter 619-525-8652 Richard Reichler 818-888-7000
5
r
County of Orange Cox
Bill Killian 714 704-7946 Rob Linglc 714-623-5805
Joe Sadler 714 704-7940
Gary Grey 714-704-7091
Maurine Rakhashani 714 704-7943
County of Los Angeles Crouse/Beers
Jorge Paoli 213-267-3003 Joseph Blum 714-859-5664
Arthur Fisch 213-738-2257
City of Los Angeles State of California
Tun Aung 213-847-2392 Chuck Donnaly 916-323-9873
Mike Bowen 213485-1041
Donald Keith 213485-5801
JiMISHliam 213485-5585
County of San Diego Total Telecommunications
Curt Munroe 619-694-3903 Earl Darway 805-542 2232
Ross Minick 619495-5460
Alcatel Network Systems Western Tcle-Com Development
Jim Terwilliger 972-996-2806 Dave Marasco 909-694-9355
Kerry Burleson 972-996-7911
Allegra Burnworth 214-996 7732
Harris Fannon Sacramento Fire Department
Michael Neville 415-594-3000 Dennis Srnith 916-264-5190
Carl Creamer 415-594-3000
Rose Tsai 415-594-3000
Aris Helicopters RD Engineering&Construction
Dave Clark 310-331-1531 Robert Davison 619-562-2252 ext 15
Ericsson Radio Systems John Burnham&Co.
Robert Shepherd 972-583-3098 Dale Harshaw 619-525-2702
David SatcheIl 714-314-0902
GTE Crainco
John Hutchinson 310-725-5340 Brian Smith 562-903-7290
AirTouch . McKenzie Telecommunications
Kevin Lim 714-222-7000 Rhonda McKenzie 602-922-9216
Karl Drews 714-222-7000
Brooks Electric JNB Telecom
Dick Gann 916422-0114 Bruce Redmon 760-753-0557
1z
e t
D Design/build experience with multi-story rooftops
Tower Structures has completed the installation of design/build telecommunications
support structures on over 100 buildings ranging from 5 stories up to 72 stories. In Los --
Angeles, these include the Arco Towers,. Security Pacific Bank, Union Bank,Glendale
Federal Savings,Los Angeles Times ,Southern Pacific. We have also completed such
projects in.San Francisco,Dallas,Atlanta,New York(World Trade Center), Sacramento,Salt
Lake City,Denver, Seattle,Portland,and others. Aris Helicopter has been our helicopter lift
service provider on many of these projects,and we propose to use their services in the
performance of this project.
E. In-House capability
Tower Structures has in-house capability for design,manufacture,and construction. We
have full time employees who perform structural and civil design,steel and aluminum
fabrication,manufacturing of portable equipment shelters,and construction of sites. We
have facilities in the California cities of Chula Vista,Bonita, Shingle Springs,Santa Fe
Springs,and Fremont, in Minden and Incline Village,Nevada,and in Suwannee, Georgia.
F. Structural Engineer
Tower Structures has licensed California Civil and Structural Engineers that are full time
employees with many years experience designing telecommunications transmitter sites.
G. License
Tower Structures holds California State Contractors License #254513 with the following
classifications: A General Engineering B General Building C-51 Structural Steel C-10
Electrical and C-7 Low Voltage Electrical.
H. Steel Fabrication
Tower Structures is an approved fabricator in the City of Los Angeles--License#1094.
The steel fabrication shop is staffed with full time employees of Tower Structures.
I. Radio References
Motorola Mike Mosher 714-254-6613
Harris/Fannon Michael Neville 415-594-3000
J. CAL-OSHA
Our Injury and Illness Prevention Program is attached.
K. Motorola R-56 Standards
References -
Mike Mosher 714-254-6613 Mike O'Brien 619-578-2222
Tom Williams 510-276-6562 Phil Doboz 619-530-8420
George Gray 916-854-2805
L. Bonding
See attached bid bond and letter from John Burnham& Co.
Z
i
M. Bonding Capacity
See attached letter from John Burnham&Co.
N. Financial Statement
As a private corporation,we do not divulge financial information. Our bonds and bonding
capacity will provide sufficient evidence of financial stability.
O. Litigation
We have no litigation history on any design build projects in the last three years.
Resumes
Tony Sierra,Program Manager
1975-1979 Walters Communications—Tower erection and radio equipment installation
1979-present Tower Structures
Sample Projects
Current-County of Sari Diego 800 MHz system.. Construction of new sites and
modifications to existing sites. Total contract is in excess of$5,000,000 and has 36 sites.
This project is complete with the exception of a few minor items. Work included new
towers,poles,and equipment shelters,conversion of a room at the UCSD Hospital to a
radio room,helicopter removal of antennas,foundations,grounding per Motorola R-56
standards, fcncin&grading,road construction,retaining walls,mechanical and electrical
(including installation of generators and fuel tanks),and installation of antenna mounts on
the 400 foot tall concrete smoke stack at the SDG&E Encina Power Plant in Carlsbad. Site
locations ranged from 4-wheel drive access mountain sites to remote desert sites. Tony had
full charge responsibility for all phases of this project.
City of San Diego 800 MHz system. Furnishing and installing towers,poles,and equipment
shelters at 11 sites. Total contract was in excess of $1,500,000.This project included
towers,shelters,poles,generators,grounding,and foundations. Tony was the field
superintendent in charge of construction.
Yokose Fuel Depot,Yokose,Japan. This project consisted of furnishing and installing a 585
foot tall self supporting tower,foundation,clearing,grading,road construction,installation
of fuel tank,generator,and equipment shelter,and installation of microwave antennas and
rigid circular waveguide. This project was performed for Alcatel in a remote location on the
island of Nagasaki. Total contract was in excess of$3,000,000. Tony was the Feld
superintendent in charge of construction.
Rosevelt Roads Naval Station,Puerto Rico Construction of a 100 foot tall tower designed
to withstand winds of 200 mph. Project cost$700,000. Tony was the field superintendent
in charge of construction.
City of Phoenix. 21 sites including new towers,new shelters,and rooftop antenna support
sturetures. Total con tract amount was in excess of$1,250,000. . Tonywas the field
superintendent in charge of construction. --
City of Los Angeles—LA Fire Microwave. 23 sites including rooftop installations,many
requiring helicopter lifts,on LA City Hall,City Hall East,Van Nuys City Hall,and various
police and fire stations. Construction of new 180 foot tall towers at several sites.Total
contact inexcess of$1,000,000 Tonywas the field superintendent in charge of construction.
City of Los Angeles—Mt Lee Tower. New 350 foot tall self-supporting tower. This tower
was designed to replicate the existing historical tower at the Hollywood sign location as
closely as possible. Contract amount was in excess of$450,000. . Tony was the field
superintendent in charge of construction.
City of Los Angeles--800 MHz system. Construction of new towers and shelters.
Installation of foundations,grounding, fencing. Installation and testing of antennas and
waveguide.: Tony was the field superintendent in charge of construction.
Hawaiian Electric. Construction of towers and installation of antennas at 7 sites the islands
of Oahu,Molokai, Kauai,Hawaii,and Maui. Total contract amount in excess of$980,000. .
Tony was the field superintendent in charge of construction.
Bay Area Teleport. 27 sites in the bay area. This project included several rooftop sites
requiring helicopter lifts and RF transparent screening. Tony was one of the crew leaders on
this project,and personally supervised several of the rooftop installations.
Ben Hopkins Principal Engineer Registered California Structural Engineer.
Ben has over 40 years experience designing transmission sites (see attached letters of ,
reference).Ben founded Tower Structures in 1968. lie has designed many thousands of
towers,poles,and roof-mounted antenna support structures. End users include ratio and
television stations,city,county,state and federal government agencies,telephone companies,
IogZstance common carriers,cellular and PCS companies,and private industry. Ben first
designed towers for Dresser-Ideco from 1948 to 1950. From 1950 to 1952 he worked for
John K.Minassian,Professional Engineer,designing radio and television towers. From 1952
to 1955 he worked for Clarence V.Thomas, desinging transmitting towers and oil drilling
facilities. In 1955,Ben formed a partnership,Thomas&Hopkins,which continued until
1988. Thomas&Hopkins was the leading designer of towers in the United States,providing
all of the designs for Tower Construction Company. Thomas&Hopkins provided all
structural designs for Tower Structures from 1968 until 1980.Tower Structures acquired the
engineering staff of Thomas&Hopkins is 1980.
2
r �
Eric Lehmkuhl,Project Engineer. Registered California Structural Engineer. Eric has over
10 years of professional engineering experience. In addition to designing towers, poles,and
custom antenna mounting structures,Eric has a experience in the design and retrofit of
buildings and bridges. A sample of relevant projects designed by Eric include an antenna
mounting structure at Branciaforte Plaza for Cellular One which included RF transparent
screening,towers in the shape of a cross with RF transparent screening,and design of a
custom 4 leg tower for the Airtouch MTSO in Ontario which utilizes RF transparent
screening at various levels.
Paul Petersen Project Construction Coordinator Paul worked as a tower and antenna
installer for Microflect from 1980 to 1986. From 1986 to present Paul has worked for
Tower Structures in positions of progressive responsibility, from hands-on field installation
to his present position.Paul has been involved in some capacity with the construction of
hundreds of transmitting facilities. These have included many helicopter lifts on rooftop
sites'with RF screening material. Paul was a supervisor on the construction of many of 52
sites for Nextel in Los Angeles. Approximately 40%of these sites were rooftop sites. Paul
was also the Project Manager for the construction of 11 sites for the County of Riverside.
Peter Smith—Project Assistant Engineer. After graduating Magna Cum Laude in Civil
Engineering from Temple University,Peter worked for Stainless,Inc.,a tower manufacturer
in Pennsylvania prior to coming to Tower Structures in 1995. His work experience has
included design of towers,poles,and other antenna mounting structures. Ile has
participated on several projects involving RF transparent screening. He has also worked
with antenna and transmission line layout,structural detailing for fabrication,and
preparation of installation drawings.
. 1Q
f 1
3 ATTACHMENT A
CAL OSIIA Injury & Illness Prevention Program
y
(IIPP)
TOWER STRUCTURES., INC.
INJURY AND ILLNESS
PREVENTION PROGRAM
(IIPP)
(1996)
TABLE OF CONTENTS
IIPP------------------------------------------- I too
ACKNOWLEDGMENT OF RECEIPT AND
REVIEW OF CODE OF SAFE PRACTICES----------------- 5
APPENDIX A
CODE OF SAFE PRACTICES
CONSTRUCTION-------------------- 8to 16
SHOP---------------------------- I7to26
OFFICE---------- --- 27to29
APPENDIX B
, HAZARD CHECKLIST--------------------B 1 to 6
HAZARD ASSESSMENT FORM------------------B7
HAZARD ABATEMENT RECORD---------------- B 8
APPENDIX C
BASIC RULES FOR ACCIDENT INVESTIGATION---- C 1
ACCIDENT INVESTIGATION REPORT FORM---C 2 to C 4
APPENDIX D
EMPLOYEE SAFETY CHECKLIST-----------D I to D 2
REQUEST FOR TRAINING--------------------- D3
EMPLOYEE SAFETY REPORT FORM------------- D4
EMPLOYEE SAFETY TRAINING VERIFICATION---- D 5
APPENDIX E
i
TRAINING REQUIREMENTS IN CALIFORNIA CODE OF
REGULATIONS TITLE 8, OCTOBER, 1991 ----- E 1 to E 4
INJURYAND ILLNESS
PREVENTIONPROGRAM
POLICY
Tower Structures, Inc. will institute and administer a comprehensive and continuous occupational
Injury and Illness Prevention Program (I1PP)for all employees. The health and safety of the
individual employee,whether in the field, plant or office take precedence over all the other
concerns. Management goal is to prevent accidents, to reduce personal injury and occupational
illness and to comply with all safety and health standards.
1 RESPONSIBILITY
The Program Administrator, Art Cacciapaglia, is responsible for overall management and
administration of the Injury and Illness Prevention Program. Each Supervisor is responsible for
implementing the UPP in his/her work area. A copy of the IIPP shall be available from each
supervisor. Questions regarding the program should be directed to him/her.
II EMPLOYEE COMPLIANCE
Employees who follow safe and healthy work practices will have this fact recognized and
documented on their performance reviews. Employees who are unaware of correct safety and
health procedures will be trained or retrained as described in Section VII.
Willful violations of safe work practices(see Appendix A) may result in disciplinary action in
accordance with company policies.
III COMMUNICATION
Matters concerning occupational safety and health will be communicated to employees by written
documentation,staff meetings, formal and informal training and posting. communications from
employees to supervisors and/or the safety representatives about unsafe or unhealthy conditions is
encouraged and may be verbal or written, as the employee chooses. The employee may use the
"Report of Safety Hazard" form in Appendix A and remain anonymous. The Report of Safety
Hazard for may be mailed to the program administrator, or placed in the safety suggestion box.
NO EMPLOYEE WILL BE RETALIATED AGAINST FOR REPORTING HAZARDS
OR POTENTIAL HAZARDS OR FOR MAKING SUGGESTIONS RELATED TO
SAFETY.
The results of the investigation of any employee safety suggestion or report of hazard will be
distributed to all employees affected by the hazard or shall be posted on appropriate bulletin
boards.
IV INSPECTIONS
Each supervisor and/or safety representative will conduct an inspectionrnvestigation to identify
unsafe work conditions and practices:
1. Bi-monthly in all work areas; and
2. Whenever new substances, processes, procedures or equipment are introduced into the
work place that represent new or previously unrecognized; and
3. Whenever the Supervisors/Safety Representative is made aware of a new or
previously unrecognized hazard.
The"Hazard Checklist" or"Hazard Assessment"form in Appendix B shall be used to document
these inspectionsfnvestigations.
V INJURY AND ILLNESS INVESTIGATION
11,
Occupational injuries and illness will be investigated in accordance with established procedures
and documented, as described in Appendix C.
VI CORRECTION OF UNSAFE OR UNHEALTHY CONDITIONS
Whenever an unsafe or unhealthy condition, practice, or procedure is observed, discovered, or
reported the Program Administrator or designee will take appropriate corrective measures in a
timely manner based upon the severity of the hazard. Employees will be informed of the hazard
and interim protective measures taken until the hazard is corrected
Employees may not enter an_imminenthazard area,without appropriate protective equipment,
training, and the prior specific approval of the Program Administrator or designee.
VII TRAINING
A. The Program Administrator or designee shall be sure the supervisor receive training to
familiarize them with the safety and health hazard to which employees under their immediate
direction and control may be exposed.
B. Supervisors are responsible to see that those under their direction receive training on general
workplace safety as well as specific instructions with regard to hazards unique to any job
assignment.
TRAINING-CONTINUED
This training is provided:
1. To all employees and those given new job assignments for which training has not previously
been received. The"Employee Safety Checklist"in Appendix D should be used to document
this training.
2. Whenever new w substances, processes, procedures or equipment are introduced to the
workplace and represent a new hazard and
3. Whenever the employer is made aware of a new or previously unrecognized hazard.
When a supervisor is unable to provide the required training he/she should request such training
be given to the employee by others by notifying the Program Administrator designee. The
"Request for Training" form(Appendix D) should be used.
Appendix E is a list of specific requirements for employee instruction or training contained in Title
8 of the California Code of Regulations.
VIII RECORD KEEPING
I
The Program Administrator or designee shall keep records of inspections, including the name of
person(s) conducting the inspection, the unsafe conditions and work practices that have been
identified and action taken to correct the identified unsafe conditions and work practices. These
records shall be maintained for three(3)years.
The Program Administrator or designee shall also keep documentation of safety and health
training attended by each employee, including employee name or other identifier, training dates,
type(s)of training and training providers. This documentation shall be maintained for three(3)
years.
Appendix D contains a variety of sample forms for documentation of traWng/communication.
SAFETY AND HEALTH COMPLIANCE PROCESS
Disciplinary measures are progressive and involve four steps: --
1. Should a safety and health violation be noted, the supervisor is to informally discuss
the behavior with the employee, stating the potential dangerous result and outlining
the correct procedure, then retrain the employee to ensure understanding.
2. A second violation should generate either a formal verbal warning or a written
warning to the employee, depending on the severity of the infraction.
3. A third infraction result in a formal written warning or suspension of the employee.
4. A fourth violation may lead to employee termination.
APPENDIX A
EMPLOYEE
COMMUNICATION
AND
COMPLIANCE
CONSTRUCTION SAFETY ORDERS
CODE OF SAFE PRACTICES
GENERAL
All persons shall follow these safe practices rules, render every possible aid to safe operations, and
report all unsafe conditions or practices to the foreman or superintendent.
1. Foreman should insist on employees observing and obeying every applicable
Company, State or Federal regulation and order as is necessary to the safe conduct of
the work, and shall take action as is necessary to obtain compliance.
2. All employees shall be given frequent accident prevention instruction. Instructions
shall be given at least every ten(10)working days.
3. Anyone known to be under the influence of drugs or intoxicating substances which
impairs the employee's ability to safely perform the assigned duties shall not be
allowed on the job while in that condition.
4. Horseplay, scuffling and other acts which tend to have an adverse influence on the
safety or well-being of the employee shall be prohibited.
5. Work shall be well planned and supervised to prevent injuries in the handling of
materials and in working together with equipment.
6. No one shall knowingly be permitted or required to work while the employee's ability
or awareness is so impaired by fatigue, illness, or other causes that they might
unnecessarily expose the employee or others to injury.
7. Employees shall not enter manholes, underground vaults, chamber tanks, silos, or
other similar places that receive little ventilation unless it has been determined that it
is safe to enter.
8. Employees shall be instructed to ensure that all guards and other protective devices
are in proper places and adjusted, and shall report deficiencies promptly to the
foreman or superintendent.
9. Crowding or pushing when boarding or leaving any vehicle or other conveyance shall
be prohibited.
10. Workers shall not handle or tamper with any electrical equipment, machinery, or air
or water lines in a manner not within the scope of their duties, unless they have
received instructions from their foreman.
11. All injuries should be reported promptly to the foreman or superintendent so that
arrangements can be made for medical or first aid treatment.
12. When lifting heavy objects, the large muscles of the leg instead of the smaller
muscles of the back shall be used.
13. Inappropriate footwear or shoes with then or badly worn soles must not be worn.
14. Materials, tools, or other objects shall not be thrown from buildings or structures
until proper precautions are taken to protect others from the falling.objects.
15. Employees shall cleanse themselves thoroughly after handling hazardous substances
and follow special instructions from authorized sources.
16. Hod carriers should avoid the use of extension ladders when carrying loads. Such
ladders may provide adequate strength, but the rung position and rope arrangement
make such climbing difficult and hazardous for this trade.
17. Work shall be so arranged that employees are able to face a ladder and use both
hands while climbing.
18. Gasoline shall not be used for cleaning purposes.
19. No burning,welding, or other sources of ignition shall be applied to any enclosed
tank or vessel, even if there are some openings,until it has first been determined that
> no possibility of explosion exists and authority for the work is obtained from the
foreman or superintendent.
20. Any damage to scaffolds, false work, or other supporting structures shall be
immediately reported to the foreman and repaired before use.
_,
USE OF TOOLS AND EQUIPMENT
21. All tools and equipment shall be maintained in good condition.
22. Damaged tools or equipment shall be removed from service and tagged
"DEFECTIVE".
23. Pipe or Stillson wrenches shall not be used for other wrenches.
24. Only appropriate tools shall be used for a specific job.
25. Wrenches shall not be altered by the addition of handle extensions or"cheaters".
26. Files shall be equipped with handles and not used to punch or pry.
27. A screwdriver shall not be used as a chisel.
28. Wheelbarrows shall not be pushed with handles in an upright position.
29. Portable electric tools shall not be lifted or lowered by means of the power cord.
Ropes shall be used.
30. Electric cords shall not be exposed to damage from vehicles.
31. In Iocations where the use of a portable power tool is difficult,the tool shall be
supported by means of a rope or similar support of adequate strength.
AUCIIINERY AND VEHICLES
32. Only authorized persons shall operate machinery or equipment.
33. Loose or frayed clothing, long hair, dangling ties, finger rings, etc. shall not be worn
around moving machinery or other areas where they may become entangled.
34. Machinery shall not be services, repaired or adjusted while in operation, nor shall
oiling of moving parts be attempted, except on equipment that is designed or fitted
with safeguards to protect the person performing the work.
35. Where appropriate, lock-out procedures shall be used.
36. Employees shall not work under vehicles supported by jacks or chain hoists without
protective blocking that will prevent injure if hoists should fail.
37. Air hoses shall not be disconnected at compressors until the hose line has been bled.
i
38. All excavations shall be visually inspected before backfilling to ensure that it is safe
to backfill.
39. Excavating equipment shall not be operated near tops of cuts, banks or cliffs if
employees are working below.
40. Tractors,bulldozers, scrapers and carryalls shall not operate where there is a
possibility of overturning in dangerous areas like edges of deep fills, cut banks and
steep slopes.
41. When loading where there is a probability of dangerous slides or movement of
material, the wheels or treads of loading equipment, other than that riding on rails,
should be turned in the direction which will facilitate escape in case of danger,
except in a situation where this position if the wheels or treads would cause a greater
operational hazard.
CONSTRUCTION SAFETY ORDERS
CODE OF SAFE PRACTICES
PROCEDURES
Safety is the responsibility of each individual on the jobsite. No rules or regulations can substitute
for awareness, alertness and common sense. Good"housekeeping" on a jobsite promotes safety.
Boards with nails sticking out, small pieces or pipe laying around or sharp objects protruding into
traffic areas are invitations to accidents. Each crew member is a part of a team. Watch out for
the other guy as well as for yourself. Take extra care with new employees,regardless of their age
or experience. If you have a choice between doing something the fast way or the safe way,
choose the safe way.
The continuing success of any company involved in construction activity depends upon
maintaining a safe and healthy work area. The management at Tower Structures, Inc. is
committed to this goal,but a commitment from each individual is necessary to ensure job safety.
To remind each individual of his responsibility,we have a brief meeting on a weekly basis. We
encourage each worker to bring up any safety related subject for these meetings.
1. PERSONAL EQUIPMENT
Each worker shall be equipped with personal safety equipment appropriate to the work being
performed. All workers should perform above ground level shall be equipped with a OSHA
approved full harness belt and 2 approved safety straps. All workers, visitors and other personnel
present on site during the performance of work shall wear a hard hat.'All tools carried above
ground shall be secured in proper holsters, clip or bags in a positive manner to prevent accidental
falling of tools. When operations such as cutting, chiseling,burning,welding, etc. are performed,
appropriate eye protection shall be worn. It shall be the responsibility of each individual to check
personal equipment daily for wear or damage.
2. TOOLS
Tools shall be maintained in good repair. Any tool damaged or in an unsafe condition shall be
returned to the shop for repair or replacement. The foreman shall be authorized to retire any tool,
replacing it with rental equipment for an interim period if required. Electric tools shall be hoisted
by cords. It is the responsibility of the foreman to ensure that each individual using a tool is
familiar with the proper use of the tool. It is the responsibility of each individual to report any
damaged or unsafe tool or foreman immediately. All power tools shall be of the double insulated
type. When changing tooling power tools(i.e. drill bits, saw blades, grinding wheels, etc.)tool
shall be disconnected from power source. Power-activated tools shall be operated only by
certified operators in possession of operators card. All power tools safety procedures shall be
adhered to. (See operating guide in tool box. This guide shall be kept in the tool box at all
times.) All power tools as issued are equipped with proper guards, which are not to be wired
CONSTRUCTION-TOOLS-CONTINUED
open or removed. Tools used above ground shall be positively secured to structure when not in
use. Do not lay tools"temporarily" on flat surfaces where they can be knocked off.
3. CUTTING AND WELDING
Cutting and welding present the hazard of fire. Before cutting or welding in a National Forest,
obtain permission from the local Forestry Station. Each field truck is equipped with a fire
extinguisher located behind the seat on the driver's side. In high fire danger areas, additional fir
fighting equipment is required. Do not perform welding or cutting operations in hazardous areas
on windy days. Post fire watchers on the ground, equipped with shovels, hoses, and/or fire
extinguishers. Only workers trained in the use of oxy/acetylene cutting are arc welding shall
operate the equipment. It shall be the responsibility of the foreman to ensure that only qualified
operators, familiar with safety procedures, shall use such equipment. Suitable protection for the
eyes and skin while operating. Before welding or cutting, make sure that all non-welders are
given advance warning or are kept from the area.
4. HEARING.PROTECTION
When impact wrenches, power-actuated tools,jackhammers, or any tool producing a high decibel
noise level is used, hearing protection shall be worn by all workers on the jobsite. All non-
workers shall be advised of noise hazards and requested to leave the immediate area.
& LADDERS
Ladders should be in good repair. When placing a ladder, bottom should be one foot out for
every four feet vertical. Bottom of ladder should be held by one worker while another worker
climbs to top and secures top with rope. Do not use metal ladders in battery rooms, or near any
electrical equipment which might present a hazard. Step ladders should be steadied by a second
person when working more than four rungs from ground level. Do not place ladder in front of
doors, drive-ways or other traffic areas without blocking access.
6. FALL PROTECTION
All employees working above ground shall use an OSHA approved full body harness, 2 approved
safety lanyards. All employees working above ground shall be instructed in fall protection and
proper climbing methods. No employee shall ride any live load line, Unless there is a proper
OSHA approved man basket or bosuns chair with a block alarm and safety line.
When working on towers, the employee shall be attached to appropriate steel members at all
times. Men any piece of an employees safety gear becomes worn out, according to the
manufacturers specification, the item shall be destroyed and returned to the construction manager
for replacement.
7. HOISTING
Before hoisting any object:
A. Determine the weight of the object to be lifted. _
B. Determine that the safe working load of each component in the rigging(not breaking
strength) does exceed the weight of the object. Components include winch cable,
safety hook, sling, shackle, crane, etc. Refer to chart for safe working loads of slings
placed in different configurations.
C. Ensure that slings are"rendered" (pulled tight) so that sudden jerks will not occur due
due to tightening of rigging. Pad slings over sharp edges.
D. Make sure that only positive attachments are made. Use screw pin shackles and load
hooks with safety latches. Do not use open hooks. Check condition of all rigging.
E. Check all around object to ensure that it is free to be lifted.
F. Attach one or more"tag" lines to prevent object from swinging or spinning.
G. Determine center of gravity of object. place rigging to ensure that load will not tip or
slip.
H. Make sure one individual is designated as signal-man, and that hoist operator and
signalman are both aware of who the designated person is.
I. If a crane is being used for hoisting, check ground under outriggers. use cribbing or
relocate crane, if necessary, to firm ground.
J. Pick up load a few inches. and recheck slings, out-riggers, etc. under load.
K. Check for overhead power lines. Do not operate within ten feet.
L. Make sure outriggers are on solid ground. Beware of patched areas in asphalt which
may indicate excavation. Use timbers to spread load over wider area.
During hoisting of any object:
A. Keep all people from under load and boom.
B. Maintain constant contact between hoist operator and signalman, and make sure that
signalman has a clear view of the load at all times. If signalman cannot see load and
operator at all times, use a radio or portable telephone. When using voice
CONSTRUCTION-HOISTING- CONTINUED
communications, signalman should talk continuously(i.e. keep it coming, go up, etc.)
so that the operator will know that communications lines are working. The operator
shall stop immediately if voice communication ceases. When the crane arrives on
site, check it visually for signs of poor maintenance. Observe the crane operator
during set-up to determine his competence and familiarity with the equipment. _
8. FIRST AID
Each truck is equipped with a first aid kit. It shall be the responsibility of the foreman to maintain
supplies, to inform each crew member of the location of kit and to ensure that at least one crew
member is trained in first aid. All crew members shall receive basic first aid instruction, with
"refresher" courses on an annual basis.
9. LOADING AND UNLOADING TRUCKS
It is not generally recognized that loading and unloading trucks is one of the most hazardous
processes on a structural steel project, especially when tubular members are being handled.
Dunnage should be placed between layers when loading so that pieces can be quickly and safely
rigged for unloading. It should not be necessary to pry pieces apart for unloading.
Care should be taken to ensure that each piece will not shift after it is placed on the truck. If level
ground is not°available, it is generally preferable to point the truck down hill, so that the load will
settle against the bulk head. If this is not possible, it may be necessary to secure each piece as it is
being loaded. Do not place any part of your body between the piece being loaded and the truck,
or between pieces. Always assume that the load may shift at any moment. Load a truck as if you
will be the one to unload it.. Do not place a load so that pieces will shift when the chain binders
are released. Use adequate tie downs. For steel, a minimum of two (2) chains is required. More
chains may be required depending upon the load. Do not use rope for steel over one hundred
pounds, or over sharp edges. Make sure that heavy pieces are secured directly. If
light, flexible piece is to loaded on the same truck as heavy steel (i.e. cable tray, ladder, etc., chain
down the heavy steel f=;then place the lighter material in top. The lighter material may be
secured with heavy wire or rope, Check around truck before throwing chains over the top of
the load. When receiving a load, inspect it before loosening the chain binders. Do not take
binders off with the truck out of level. Use care when rigging pieces for unloading and ensure
that pieces will not shift when other pieces are moved.
10. FLAMMABLE LIQUIDS
-All flammable liquids shall be stored in approved containers. Do not transfer flammable liquids
enclosed areas or in the presence of sparks, open flames, or hot surfaces(such as recently flame-
cut steel). Do not fuel vehicles or machinery with the engine running.
11. INCLEMENT WEATHER
when high winds or electrical storms are present, it shall be the responsibility of the foreman to
cease work.
12. EXCAVATING
Prior to beginning any excavation be sure to notify the DIG ALERT to locate any other
underground utilities that may be in the area. Never assume that utilities are not in the area. Let
Dig Alert be the one to tell you if there is a conflict or not. While talking with the operator be
sure to document your case number and refer to it in case you need to arrange a meeting with the
locating services at a secured site. I f the site is unsecured and you are not required to be on site
for the locating, mark your excavation with white paint to show where the excavating area will
be. A 5 to 10 foot radius around the expected excavation area should be good. Remember never
begin on an excavation unless a company trained"Competent Person" is on site. It his ' '
responsibility to classify soil types in the excavation on a daily basis. It is also his responsibility to
determine if an excavation is safe. No one is permitted to enter an excavation unless it is
approved by the"Competent Person". Before entering any excavation;
A. Look into the hole. Even if you have recently entered an excavation, hazardous objects
such live electrical wires, sharp objects, rattlesnakes, etc., may have fallen into the.hole.
B. Make sure that the excavation is sate. Any excavation deeper than five (S) feet
must be protected by shoring or sloping. If you are not sure, ask your supervisor before
cntering the excavation. In caisson foundations,casing is a must if the depth exceeds five
(5) feet.
C. In caisson excavations, take the time to put on safety harness. Do not enter any
excavation without someone else outside the hole to watch.
During excavation; A. Keep hard-hat on at all times.
' B. Wear respirator to filter dust.
C. Throw dirt away from edge of excavation. Make sure that a path to the
excavation is left.
D. If jack hammers are used,wear safety glasses, hearing protection, and
foot protection.
After excavation; A. If possible, cover hole before heaving jobsite each day.
B. If excavation cannot be covered, make sure that physical barriers
prevent both people and vehicles from accidentally falling in. Use
flashers when necessary.
13. SUN PROTT;C'TION
When working in hot sunny weather sun burn, heat exhaustion, and sun stroke pose a serious
threat. When the temperature soars remember to keep your cooll Drink plenty of water to keep
your body's fluid up. Your hard hat should provide some shade for your head which is another
good reason to keep it on. if you begin to feel light headed or dizzy notify your supervisor
immediately. Don't wait to long! Sunburns are not only uncomfortable they can cause peeling,
blisters, and in severe cases skin cancer. A good over the counter can save a lot of pain. Be sure
to use it.
CASE OF SAFE PRACTICES
GENERAL SHOP
It is our policy that everything possible will be done to protect employees, customers and visitors
from accidents. Safety is a cooperative undertaking requiring participation by every employee._
Failure by an employee to comply with safety rules will be grounds for corrective discipline.
Supervisors shall insist that employees observe all applicable Company, State and Federal safety
rules and practices and take action as is necessary to obtain compliance.
To carry out this policy employees shall:
1. Report all unsafe condition and equipment to your supervisor or safety coordinator.
2. Report all accidents, illnesses and injuries to your supervisor or safety coordinator
immediately.
Anyone known to be under the influence of intoxicating liqueur or drugs shall not be
allowed on the job while in that condition.
4: Horse play, scuffling, and other act which tend to have an adverse influence on the
safety or well being of the employees are prohibited.
5. The means of egress(exit) shall be kept unblocked, well lighted and unlocked work
hours.
b. In the event of fire, notify supervisor and evacuate.
7. In the event of a fire,-stop work and proceed to the nearest clear exit. Gather
at the designated location.
8. Only trained workers may respond to a fire or other emergency(See fire extinguisher
training).
9. Exit doors must comply with safety regulations during business hours.
10. Stairways should be kept clear that can be tripped over and all areas under stairways
that are egress routes should not be used to store combustibles.
11. Materials and equipment will not be stored against doors or exits, fire ladders or fire
extinguishers stations. '
12. Aisles must be kept clear at all times.
i
13. Work areas should be maintained in a neat and orderly manner. Trash and refuse are
to be thrown in proper waste containers.
14. All spills shall be wiped up promptly.
15. Always use the proper lifting techniques. never attempt to lift or push an object
which is too heavy. You must contact your supervisor when help is needed to move
a heavy object.
16. Never stack objects precariously on top of lockers, file cabinets of other relatively
high places. _
17. When carrying material, caution should be exercised in watching for and avoiding
obstructions, loose materials, etc.
18. Do not stack material in an unstable manner.
19. Report exposed wiring and cords that are frayed of have deterioration insulation so
that they can be repaired promptly.
20. Never use a metal ladder where it could come in contact with energized parts of
y equipment that are not grounded or double insulated.
21. Maintain sufficient access and working space around all electrical equipment to
permit ready and safe operations and maintenance.
22. Do not use any portable electric tools and equipment that are not grounded or double
insulated.
23. All electrical equipment must be plugged into appropriate wall receptacles or into an
extension cord of similar size and capacity. Three-pronged plugs must be used to
ensure continuity of ground.
24. Inspect motorized vehicles and other mechanized equipment daily or prior to use.
25. Shut off'engine, set brakes and block wheels prior to loading or unloading vehicles.
26. Inspect pallets and their loads for integrity and stability before loading or moving.
27. Do not store compressed gas cylinders in areas which are exposed to heat sources,
electric arcs, or high temperature lines.
28. Do not use compressed air for cleaning off clothing unless the pressure is less than
10 psi.
29. Identify contents of pipelines prior to initiating any work that affects the integrity of
the pipe.
30. Wear baring protection in all areas identified as having high noise exposure.
31. Goggles or face shields must be worn when grinding.
32. Do not use any faulty or worn hand tools.
33. Guard floor openings by a cover,guardrail or equivalent.
34. Do not enter a confined space unless tests for toxic substances, explosive
concentrations and oxygen deficiency have been taken.
35. Always keep flammable or toxic chemicals in closed containers when not in use.
36. Do not eat in areas where hazards involving various chemicals stored or used in the
workplace.
37. Be aware of the potential hazards involving various chemicals stored or used in the
workplace.
38. Cleaning supplies should be stored away from edible items on kitchen shelves.
39. Cleaning solvents and flammable liquids should be stored in appropriate containers.
40. Solutions that may be poisonous or not intended for consumption should be kept in
'k well labeled containers.
41. When working with a VDT, have all pieces of furniture adjusted, positioned and
arranged to minimize strain on all parts of the body.
42. Dever leave lower desk or cabinet drawers open that present a tripping hazard. Use
care when opening and closing drawers to avoid pinching fingers.
43. Do not open more than one upper drawer at a time; particularly the top two drawers
on tall file cabinets.
44, Individual heaters at work areas should be kept clear of combustible materials such
as drapes or waste from waste baskets. Newer heaters which are equipped with tip-
over switches should be used.
45. Appliances such as coffee pots and microwaves should be kept in working order and
inspected for signs of wear, heat or fraying of cords.
46. Fans used in work areas should be guarded. Guards must not allow fingers to be
inserted through the mesh. Newer fans are equipped with proper guards.
• SHOP SAFETY ORDERS
CODE OF SAFE PRACTICES
PROCEDURES
CLOTHING
It is the responsibility of the employee to wear appropriate clothing when working. Specific work
tasks often require that additional clothing be worn. At the minimum the following articles must
be worn in the shop:
Safety glasses must be worn at all times exception: not required while welding with
helmet down.
-Appropriate work boots with leather or predominantly leather uppers are required.
-'Ung pants and a shirt must be worn.
-When welding for an extended period of time long sleeves must be worn.
-Glc;+es should be worn for welding.
TOOLS AND EQUIPMENT
One of the most critical areas in maintaining a safe work environment Is the proper
maintenance and use of tools and equipment. It is the employee's responsibility to examine
the equipment or tools he is preparing to use for any condition which could pose a safety
hazard. If a broken tool or piece of equipment which could pose a safety hazard is seen by
an employee it should be reported to the shop foreman. Some examples of potential safety
hazards are:
-Missing guards on grinders or machinery.
-Damaged electrical cords or outlets.
-Damaged or leaking torches, torch hoses or regulators.
-Damaged welding equipment, including cables and regulators.
-Any unsecured compressed gas bottles.
-Any loose or damaged components of the punch pressrironworker.
SAFE PRACTICES
In addition to the maintenance of equipment to promote safety, it is extremely important to use all
equipment in a safe manner and to plan all operations ahead of time.
Some specific guidelines for the safe use of equipment are:
BRIDGE CRANE OPERATION
-Never exceed working load limit of 3 tons, if you are not sure of the weight of the load,
ask your supervisor.
-Never stand under the load.
-Never pass the load over torches.
}Balance 0 loads to near level to avoid slippage.
-Do not exceed 45 degrees from vertical with chokers or chains. Use spreader bars of
additional rigging if necessary. If you are unsure of the safe working load or the
rigging,get assistance.
-Always face hook out on chains.
-In order to maintain control, operator should stand near the end of load when guiding it.
-For loads greater then 25 feet in length, have another person help guide it.
-When lifting with plate hooks, the plate must be in a near horizontal position.
-When using the plate clamp always make sure the material is fully extended into the
mouth of the plate clamp when lighting plate from the horizontal to a vertical position
begin the lift with the serrated engagement tooth of the plate clamp on the upper side of
the plate.
-Do not drag loads with the plate clamp.
-To avoid injury, do not position yourself between the load and a wall or another piece
of material or equipment.
-Keep alert when moving loads.
-Do not swing control pendant.
-When finished with the crane, leave hooks above head and out of main traffic areas.
FORKLIFTS
-Always wear safety belts when operating forklift.
-Do not run over power cords or welding leads.
-Do not exceed S mph in the yard. ~
-Always look behind you before backing up.
-Keep forks spread as wide and as low to the ground as is practical when IMing loads.
-Do not lift Ioads that are heavier than the rated capacity of the forklift.
-Do not transport loads that are wider then 10 feet on the street.
Read posted OSHA rules of the forklift operation.
- Check to make sure no one is on the opposite side of the truck when Ioading of
unloading.
GRINDING'
-Wear safety glasses or a face shield when grinding.
-Do not use any grinder without a guard.
-When grinding, direct sparks downward and away from other people.
-Check condition of grinder blade before use.
-Always assume that a grinder may!tick back at any time and position your body to
reduce the risk of serious injury.
-A dust mask or respirator is reconunended when grinding for any extended period of
time.
TORCHES
-Never use torches with leaking hoses, leaking regulators, leaking torch body,
inoperative gauges or any condition which could pose a safety hazard.
-Only open acetylene valves 1/4 turn,this allows a quick shut off in the event of an
emergency.
TORCHES-CONT.
-Do not direct sparks from cutting toward other people.
-Do not direct sparks toward torch hoses, cables,hoses or machinery.
• -Make sure bottles are secured in their cart or against the wall when bottle caps are
removed.
-Become familiar with location of fire extinguishers.
-When cutting galvanized steel wear a respirator. Respirators are available in the shop -
office.
-Do not leave empty bottles around the shop. Return them to the proper storage area.
ROTOBROACH
It is very important that the rotobroach base remains firmly magnetized when drilling. Serious
injury could result if the base fails to remain in place. There are some specific practices that will
help reduce the risk of personal injury or damage to the equipment.
-Tuck in loose clothing.
-Keep hands away from moving parts.
-Always use a sharp cutting bit.
-do not use rotobroach or a rotobroach bit that is broken or out of adjustment. This
includes dull or chipped bits, wobbling arbor, loose bolts,damaged electrical cord
or switches or any that would pose a safety hazard.
-make certain that the steel that the rotobroach sits on is clean and free of any
bumps, loose mill scale,burning slag, rust, oil, and drillchips. Grind any tack
welds, deep centerpunch dimples, or loose scale. Wipe away oil and drillchips
from steel and underside of rotobroach base after each hole is finished.
-turn rotobroach `ofl' when clearing drilling chips from around the bit and arbor.
Use pliers to clear chips.
-When drilling, feed the cutter lightly into the steel until a cutting path is
established then use steady firm pressure on the cutter handle throughout the
depth of the hole.
-Use a generous amount of lubricating fluid when drilling.
SHOP-ROTOBROACH-CONTINUED
-Position your hands and body with safety in mind when drilling. Do not grip the handle
if the rotobroach such in the event the drill should break loose from its base and spin,
your wrist becomes trapped.
i
-STAY ALERT!
BANDSAW
-Keep hands away from moving parts.
-make sure material is firmly clamped in vise.
-Feed blade slowly into stock when starting cut.
-When cutting multiple pieces at one time either clamp or weld bundle of stock together.
-Always use coolant.
-Do not use saw is it appears to be out of adjustment or unsafe.
WELDING
-Always wear proper protective gear when welding(long sleeves, welding helmet,
gloves).
-Use welding screens to shield others from arc-light.
-Do riot use unsafe equipment.
FIRE EXTINGUISHERS
-Become familiar with location of extinguishers.
-Notify shop foreman when an extinguisher has been used so it can refilled.
-When using a fire extinguisher, hold upright, stand a safe distance away(S to I0 feet)
and direct the charge at the base or origin of the flames using a side to side sweeping
motion. Move closer as the flames are extinguished.
HOUSEKEEPING
-Clean all debris from cutting, etc., after each job.
-Clean up shot blasting beads whenever and wherever they are found.
-Keep cords and cables in an orderly fashion and away from sharp edges.
t CODE OF SAFE PRACTICES
GENERAL OFFICE
It is our policy that everything possible will be done to protect employees, customers and visitors
from accidents. Safety is a cooperative undertaking requiring participation by every employee.
Failure by any employee to comply with safety rules will be grounds for corrective discipline.
Supervisors shall insist that employees observe all applicable Company, State and Federal safety
rules and practices and take action as is necessary to obtain compliance.
To carry out this policy employees shall:
1. Report all unsafe conditions and equipment to your supervisor or safety coordinator.
2. Report all accidents, injuries, and illnesses to your supervisor or safety coordinator
immediately
1
3. The means of egress (exist) shall be kept unblocked,well Iighted and unlocked work
hours.
4. In the event of fire, notify supervisor and evacuate.
5. In the event of a fire, stop work and proceed to the nearest clear exit. Gather at the
designated location.
6. Only trained workers may respond to a fire or other emergency(See fire extinguisher
training).
7. Exit doors must comply with safety regulations during business hours.
8. Stairways should be kept clear that can be tripped over and all areas under stairways
that are egress routes should not be used to store combustibles.
9. Materials and equipment will not be stored against doors or exits, fire ladders or fire
extinguishers stations.
14. Aisles must be kept clear at all times. '
11. Work-areas should be maintained in a neat and orderly manner. Trash and refuse are
to be thrown in proper waste containers.
3. The means of egress(exit)shall be kept unblocked,well lighted and unlocked work
hours.
4. In the event of fire, notify supervisor and evacuate.
5. In the event of a fire, stop work and proceed to the nearest clear exit. Gather at the
designated location.
6. Only trained workers may respond to a fire or other emergency(See fire extinguisher
training).
• y 7. Exit doors must comply with safety regulations during business hours.
8. Stairways should be kept clear that can be tripped over and all areas under stairways
that are egress routes should not be used to store combustibles.
9. Materials and equipment will not be stored against doors or exits, fire ladders or fire
extinguishers stations.
I0. Aisles must be kept clear at all times.
11.Work areas should be maintained in a neat and orderly manner. Trash and refuse are
to be thrown in proper waste containers.
12. All spill shall be wipe up promptly.
13.Files and supplies should be stored in such a manner as to preclude damage or injury to
personnel when they are moved. Heaviest items should be stored closest to the floor and
lightweight items stored above.
14. All cords running into walk areas must be taped down or inserted through rubber protectors
to preclude Them from becoming safety hazards.
y
15.Never stack material precariously on top of locker, file cabinets or other high places.
lb. Never leave lower desk drawers open that present a tripping hazard. Use care when opening
or closing drawers to avoid pinching fingers.
17. Do not open more than one(1)upper cabinet drawer at a time; particularly the top two
drawers of tail file cabinets.
18. Always use proper lifting technique. Never attempt to lifl or push an object that is to heavy.
Contact supervisor when help is needed to move heavy objects.
19.When carrying material, caution should be exercised in watching for and avoiding
obstructions,Ioose material, etc.
20.Electrical material shall be plugged into appropriate wall receptacles or into extension of
only one(1)cord of similar size and capacity. Three-pronged plugs should be used to ensure
continuity of ground.
21. Individual heaters at work areas should be kept clear of combustible materials such as
drapes or waste from waste baskets.
22. Appliances such as coffee pots and microwaves should be kept in working order and
inspected for wear, heat or fraying of cords.
23.Fans used in work areas should be guarded. Guards must not allow fingers to be inserted
through the mesh.
24. Equipment such as scissors, staples, etc. should be used for their intended purposes only and
should not be misused as hammers, prybars, screwdrivers, etc. Misuse can cause damage to
• equipment or injury to the user.
25. Cleaning items should be stored away from edible items on kitchen shelf.
26. Cleaning solvents and flammable liquids are to be stored in appropriate containers
27. Solutions that may be poisonous or not intended for consumption should'be kept in well
labeled containers.
,,
APPENDIX B
HAZARD
EVALUATION
AND
ABATEMENT
TOYER STRUCTURES, LN'C.
LOCATION
INSPECTED BY
DATE
RATING EVALUATIONS:S-Satisfactory U-Unsathfactory NA-NotApplicable
1r unsatis factory - prioritize by severity
U1 -I nmed'rateU2-Within 48 hours U3 -Within 1 week U 4 -Abatement plan needed
CHECKLIST S I U INA CORRECnW ACTION
TAKEN
1. E17P LOVER P OS M- TG
I. Is the Cal/OSHA poster"Safety
and Health Protection on the
Job"displayed In a prominent
location where all employees
are likely to see it?
2. Are emergency telephone
numbers posted where they
can be readily found In cast of
an emergency?
3.Wbem employees may be exposed
to say toxic substances orbarmful
physical agents;has appropriate
Information concerning employees
access to medical and exposure
records and Material Safety Data
Sheets been posted orotherwise
made readily available to affected
employees?
4.Art signs concerning exiting from
buildings, room capacities,floor
loading,exposure to x-ray,m1cm-
wave,orotherharmful radiation or
substance posted where
appropriate?
S.Art other California posters properly
displayed,such as:
a. Industrial Welfare Commission
orders regulating wages,
hours,and working
conditions?
b.Discrimination In employment
prohibited bylaw?
c. Notice to employees of
unemployment and disability
Insurance?
d.Payday notice?
K EMERGENCY ACTION PLAN
CHECKLIST S U NA CORRECTIVE ACTION
TAKEN W
1. Are alarnn systems
properly maintained and
tested regularly?
2. is emergency action plan
reviewed and revised
periodically?
3. Do employees know their
responsibilities?
:y
a. Formporting emergtncies?
b. During an eme enc ?
c. Forconducting rescue
and medical=duties!
IM FIRE PROTECTION
1. Do you have it rare protection
plan?
2. Does yourplan describe the
type of fire protection equip-
ment andlorsystem?
3. have you established practices
and procedures to control
potential fire hazards and
Ignition sources?
4. Is your local rim department
facilities,location and specific
well aquatinted wlih your
hazards?
S. Syou have a fire alarm system,
Is it certified as required?
6. ffyou have a fire alarm system,
is it tested at least annually?
7. Are fire doom &shutten 1n
__good operating condition?
S. Are automatic sprinkler system,
water control valves,air&water
pressures checked weekly/
periodically as required?
9. Is maintenance of automatic
sprinkler systems assigned to
responsible persons or to a
sprinkler contractor?
IV. EXIM G OR EGRESS
CHECKLIST S U NA CORRECTIVE ACTION TAKEN
IF UNSATISFACTORY DATE
1. Are all exits marked with an
exits ign and illuminated by
a reliable lipbt source?
2. Are directions to exits,when not
immediately apparent, marked
with vis ible s igns?
3. Are doors, passageways or
s tair- 'l
ways that are neither exits nor
access to exits and which could
be mistaken for exits,
AnnmDriat-
4. Are exit doors side-hinged?
5. Are all exits kept free of
gbstructioi1S9
G. Are there sufficient exits to
permit prompt escape in case
of emergency?
7. Are special precautions taken to
protect employees during
construction and repair
onerat' 9
8. Where exiting will be through
frameless glass door, glass exit
doors, etc., are the doors fully
tempered and do they meet
the safety requirements for
human impact?
V. GENERAL WORK ENVIRONMENT
S U NA CORRECTIVE ACTDN
CHECKLIST TAKEN IF
UNS ATIS FACTORY
I. Are all works ites clean
and orderly?
2. Are work s urfaces kept dry or
appropriate means taken to
assure the surfaces are slip-
re 9
3. Are all spilled materials or
liquids cleaned up
immediately?
4. Are the minimum numberof
toilets and washing facilities
provided?
5. Are all toilets and washing
facilities clean and sanitary?
6. Are all work areas adequately
illuminated?
W WALKWAYS
1. Are aisles and passageways
kept clear*:
2. Are aisles and walkways
marked as appropriate?
3. Are wet surfaces covered
with non-slip materials?
4. Are holes in the floor, sidewalk
orotherwalking surface
repaired properly, covered or
otherwise made safe?
` VIL MEDICAL S ERVICES AND FIRS T AID
S U NA CORRECTIVE ACTION
CHECKLIST IF TAKEN
UNSAT>S FACTORY
1. If medical and firs t aid '
facilities are not in proximity to
your workplace, is at least one
employee in each shift
currently qualified to render
first aid?
2. Are medical personnel readily
available foradvice and
consultation on matters of
employee health?
3. Are emergency phone
numbers posted?
4. Are firs t aid kits eas ily
accessible
to each work area with
necessary supplies available,
periodically inspected and
5. Have first aid supplies been
approved by a phys ician,
indicating they are adequate
fora particulararen or
operation?
VEL MISCELLANEOUS
(To Employer/Inspector: Please add applicable questions below)
VUL AIUSCELLANEOUS (continued)
(To Employer/Inspector.. Please add applicable questions below)
HAZARD AS S ES S AIENT FORM
INVESMATIONNNSPECTION AND ABATEMENT RECORD
DATE OF VVES MATIONNNS PECTION
REASON FOR INSPECTION:
New equipment/Substance
Explain:
New-Process
-Explain:
r
New orRevised Procedure
Explain:
NAME OF PERSON(S) CONDUCT.G VVESTIGATION:
NAME OF PERSON(S) CONSULTED:
DESCRIPTION OF INVESTIGATION: (Attach Additional Sheets as Necessary)
FINDINGS (INCLUDING IDENTIFICATION OF HAZARD &SEVERM):
(Attach Additional Sheets as Necessary)
STEPS TAKEN TO ABATE HAZARD AND DATE OF SUCH STEPS:
(Attach Additional Sheets as Necessary)
HAZARD ABATEMENT RECORD
Safety items identified during
inspectiontnvestigation will be submitted to Art,Cacciapaglia forreview, and an
action plan will be developed to resolve each specified safety item (hazard, needed
policies; etc.) by a set completion date and by those assigned responsibility. This foml
will be used to document identified problems, steps to be taken, and completion
deadline.
OVERALL ACTION PLAN
Priority Projected Date
(Assign Completion Completed
each step Date
`f a Number)
NWOR ACTION STEPS TO BE TAKEN:
1.
2,
3.
4.
s.
f
TOWER S TRUCTURES, WC.
REPORT OF SAFETY HAZARD IYEARI NUMBER
NA W, (OPTIONAL) SUPERVISOR'S NAIM
Describe
Substance,
Equipment
Process,
Practice or
WoAplace
Health
And/Or
Safety
Hazard
Suggestions
fo r
Minimizing
orAbating
Hazard; or
for Training
ACTION
APPENDIX C
ACCIDENT
INVESTIGATION
BASIC RULES FOR ACCIDENT INVESTIGATION
The purpose of an Investigation Is to find the cause of an accident and
prevent further occurrences, not to fix the blame. An unbiased approach Is
necessary to obtain objective findings.
Visit the accident scene as soon as possible while the facts are fresh and
before witnesses forget important details.
If possible, interview the injured worker at the scene of the accident and
"walk"him or her through a re-enactment.
).All Interviews should be conducted as privately as possible. Interview
witnesses one at a time. Talk with anyone who has knowledge of the
accident, even If they did not actually witness It.
Consider taking signed statements in cases where facts are unclear or
there is an element of controversy.
Document details graphically. Use sketches, diagrams and photos as
needed, and take measurements when appropriate.
Focus on causes and hazards. Develop an analysis of what happened,
how It happened and how It could have been prevented. Determine what
caused the accident itself, not just the injury.
Every investigation should include an action plan. How will you prevent
such accidents in the future?
If a third party or defective product contributed to the accident, save any
evidence. It could be critical to the recovery of claims costs.
Every employee shall report Immediately(within 24 hours)by telephone or telegraph to
the nearest District Office of the Division of Occupational Safety and Health any serious
Injury or illness,or death,of an employee occurring in a place of employment or in
connection with any employment(see CCR Title 8,Section 342}.
ACCIDENVEXPOSURE INVESTIGATION REPORT
COMPANY: DATE I
INVESTIGATIVE
EMPLOYEES
SEX AGE I IJOB
DEPARTME LOCATION:
DATE '7 TWE
TINT IE REPORTED TO SUPERVISOR
NATURE OF INCIDEN :
NATURE OF
REFERRED TO hIEDICAL YES =NO
DID EMPLOYEE RETURN TO I YES1 I NO I DATErMl
MURED EMPLOYEE INTERVIEW/STATEMENT: (ATTACHED)
WANES S ES (NAME &ADDRES S ES)
NVH NES S ES liNTERNIEWS/STATEMENTS: (ATTACHED)
PHOTOGRAPHS OF THE SITE DIAGRAMS OF S ITE (ATTACHED)
EQUIPMENT RECORDS YES: NO: I (ATTACHED)
ACCIDENT/EXPOS URE INCIDENT DES CRIPTION:
• s
TONER STRUCURES IIPP
ACKNOWLEDGMENT
y
I have read the IIPP safety program and was given a copy to keep.
Name Printed
Signature
Date
ATTACHMENT B
'b
Project Schedule
:J
ATTACHMENT C
List of Subcontractors
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder
on said contract in an amount in excess of one-half of one percent of the total bid and the
portion of the work to be done by such subcontractor.
Portion State License
of Work Name of Subcontractor and Address Number Class
Crane Crainco.PO Box 277 La Mirada CA N/A N/A
Helieo to Aris Helico ter1911 John Tower Av N/A N/A
El Ca3 on CA
Scr enin Pa a Enterprises
Hawthorn CA
tBy submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
i
i
ATTACHMENT D
Non-Collusion Affidavit
NONCOLLUSION AFF'IDA%TT TO BE EXECUTED
BY BIDDER AND SUBM"71MD NNTTI3 BID . --
State of California
Ss.
County of Orange
11 a r,. Wpi rauchbeing first duly sworn, deposes and says that he or she is Vice president
of T06'er structures the ply malting the foregoing bid that the bid is not made in the interest
of, or on the behalf of, any undisclosed person,partnership, company, association, organization,
or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone
to fix the bid price, or that of any other bidder, or to secure any advantage against the public
body awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data 'relative thereto, or paid, and will not pay fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Tower Structures Inc.
lameof Bidder
Signature of Bidder Donald C. Weirauch - VicePresident
1869 Nirvana Ave.
Chula Vista CA 91911
Address of Bidder
Subscribed and sworn to before me this , 5�4, day of 9_C�►�- -.
NOTARY PUBLIC
NOTARY SEAL
growl c owe CWN
• CO WA f tomcod
am " C"
Gow Comm. nA 12.1"S
ATTACHMENT E
Disqualification Questionnaire
DISQUALIFTAnON QUESTIONNAIRE
in accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on
or completing a Federal, State or local government project because of a Violation of law or a
safety regulation?
O Yes ® No
If the answer is yes, explain the circumstances in the space provided.
NOTE; This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
ATTACHMENT F
Insurance Certificates
ACORCERTIFICATE'aF LIABILII"YINSURANCEhA % .,y "TE�""I°gy.
',.e:ss:a.+ro x�ririwxw.aax.7nx o::.c:�aY•rt«sx;c5.rsx.- .�., .. �: ;.x�.. ..�.. .. _ .-PAGE:' OF. ' 2-: 31-OCT-1997
PRODUCER 13655 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Willis Corroon Corporation of San Diego ONLY AND CONFERS NO RIGHTS UPON -THE CERTIFICATE
Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1 1615 Murray Cyn.Rd.#F905 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
License#I0413168 COMPANIES AFFORDING COVERAGE
San Diego CA 92108
(619)297-7111 COMPANY Investors Insurance Company of America —
Susan Thurston A
INSURED COMPANY CIGNA Insurance Company
8
Tower Structures,Inc.etal COMPANY HIH America Compensation&Liability Ins.Co.
1869 Nirvana Avenue C
Chula Vista CA 91911 COMPANY
rL D
THIS IS TO 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 8E 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.
c0 TYPEOFINSURANCE POLICYNUMBER POLICYEFPECTIVE POLICY EXPIRATION! LIMITS
LTR r DATE(Mkk'DD/YY) DATE(MM/D fM
A GENERALLIABRTTY GLP1002586 01-APR-1997 01-APR-1998 GENERAL AGGREGATE S 2.000,00(
I X COMMERCIAL GENERAL UABJUTY PRODUCTS-CC*AP AGG S i.0 0 0.0 Q L
r CLAIMS MADE �OCCUR PERSONAL s ADV INJURY S i.0 0 0.0 0 0
OWNER'S A CONTRACTOR'S PROT EACH OCCURRENCE S 1.000.00C
rf FlREDAMAGE oneBn S
ME[)EXP An One
B AUTOMOBILF LASS ITY H06705819 01-APR-1997 01-APR-199$
1 X COMBINED SINGLE LIMIT S 1.000.000
ANY AUTO
ALLOWNEDAUTOS BODILYINJURY S
1 SCHEDULED AUTOS (Pof P—)
X HIRED AUTOS
BODILY INJURY S
r X NpIOWNEV ALITOS (Per accident)
I FPIOPERTYD"AGE s
I GARAGE LIABILITY AlTOONLY-EA ACCIDENT S
ANYAUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
.—q AGGREGATE:
I EXCESS LIABILITY EACHOCCURRENCE S
J UMBRELLA FORM AOOREOATE S
OTHER THAN UMBRELLA FOPM Is
C WORKERS COMPENSATION AND 000565801 01-APR-1997 01,APR.1998 X wGRSTAryu. ER
oTH
EMPLOYERS•LIABLRY
EL EACH ACCIDENT S 1.000.000
THE PROPRIETOR/PAATNERSJEXECUITVE INCL EL04SEASE4aOIJCYUMIT S 1.000.000
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE 1 2.000,000
OTHER
DESCRIPTION OF OPERASIOHSXOCAT10N9ryEN1C1.EWSPECIAL ITEMS
SEE ATTACHED
� �t�OAyS.E1oEIpdytll�IEi of pr�rluum -- x •�....� -g', ? `��'�'
,v,;{-';CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 70 MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Huntington Beach BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
J 2000 Main Street OF ANY KIND UPON THE COMPANY fl3 AGENTS OR REPRESENTATIVES.
I HuntingtonBeach CA 92648 AUTHORIZED REPREPENTAInVEOF WILLIS Cg,9ROON CORPORATION OF SAN DIEGO
�7M DINS q" "K x. � s: � t x> xfl ATTON 1988
:.. ., tk %Ab D• �: r _•_ _ AC�RI?_CORFOR
LLIS
�CORROON R �'i� i RA ISSUE DATE(MM/DD/YY)
31-OCT 1997
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED 13655 PRODUCER
Willis Corroon Corporation of San Diego
Insurance Services
1615 Murray Cyn. Rd.#905 --
Tower Structures, Inc.etal License #0413168
1869 Nirvana Avenue San Diego CA 92108
Chula Vista CA 91911 (619)297-7111
Susan Thurston
E .. . ....
....:.:::........::... .:;.:: ....::.:::.;::.::..:.:::::.:::.:... ::.:. .... .::......
......................................................................:::..:::.:..:...:::.::..::::..::.::.::...................:...:..........:.....:...:.::..::::...:...:.:.:.:::...:::..::......::::.......:.............:..........::.:.:: .........:
THIS IS TO 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,
XCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE(MMIDDrM I DATE(MM/DD/YY)
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
( Certificate Holder is named as Additional Insured Per Attached CG 2010 11 85 .
b
RE : Civic Center 800 MHz Project CC 1048 RFP
IThe Term Certificate Holder wherever shown in this Certificate of Insurance
shall include : City of Huntington Beach , its agents . officers , and employees .
I
I
I
I
I
I
CEAT0 -ATE:H.OLDEfi.....:............;:: ::::; :;>::; ?::r':>::;::::;;::: .:::::: ys.n�PaYm0.0:0:pr�Ium
CANCEL£ATit]N 1Q da
I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Huntington Beach BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
2000 Main Street OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES.
Huntington Beach CA 92648 AUTHORIZED REPR ENTATIVE OF WILLIS RROON CO ORATION OF SAN DIEGO
::::::.::::::.::::::.:::::.:::::::::::::.:::::::::.:::::::::::,:::::::::::.:::::.:::::::::::..:.:....:.....................:..:.:...........................:......................................................:..........::.::.::.,:::::::.::::::::.::::::::::::::::..
s :,>::::> »:.;;::::;:::;::;; :: fS os�: 9 :.............:...
..::::::.:..::..::....:...:.::.::::..RUDIN. .D..............................................::.:::::::....:::.;:::::.::::....;::;::>:::::>:.>>:::>;>:::..:.... ....V )ti. .4t7fifi.:.................. .{ 1... ........................................................................................................................................................... .................................
NAMED INSURED: Tower Structure Inc. etal
POLICY NUMBER: GLP1002586
EFFECTIVE DATE: 4-1-97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Huntington Beach, its agents, officers, and employees.
RE: Civic Centez 800 MHz Project CC 1048 RFP
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to
this endorsement. )
WHO IS AN INSURED (Section II) is amended to include as an insured
the person or organization shown in the Schedule, but only with
respect to liability arising out of "your work" for that insured
by or for you.
CG 20 10 11 85
COMPENSATION INSURANCE CERTMCATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate:
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Tower Structures Inc.
tractor
y
By Donald G. Weirauch
Vice President
Title
Date: 11/5/97
4
r
.• e
V
ATTACHMENT G
Utility Agreement
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF IIUN 1NGTON BEACH,CALIFORNIA
Gentleman:
The undersigned hereby promises and agrees that in the performance of the work
specified in the contract, know as Civic Center 8001%111z Tower Project, (I) (We) (It)
will employ and utilize only qualified persons, as hereinafter defined, to work in
proximity to any electrical secondary or transmission facilities. The term "Qualified
Person"is defined in Title 8, California Administrative Code,Section 2700,as follows:
"Qualified Person: A person who, by reason of experience or instruction is
familiar with the operation to be performed and the hazards involved."
The undersigned promised and agrees.that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission
orders,and the State of California Cal-OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are
binding upon any subcontractor or subcontractors that may be retained or employed by
the undersigned, and that the undersigned shall take steps as are necessary to assure
compliance by any said subcontractor or subcontractors with the requirements contained
herein.
Tower Structures Inc.
Contractor
By Donald G. Weirauch
Vice President
Title
Date:. 1 Z/5/47
ATTACHMENT H
Letters of Reference
a
Spcommunications
JUNE 1 , 1974
STATE OF NEW MEXICO
CONSTRUCTION INDUSTRIES COMMISSION
SANTA FE, NEW MEXICO
r
GENTLEMEN
AS MANAGER OF CONSTRUCTION FOR SP COMMUNICATIONS, I HAVE BEEN
IN A POSITION TO OBSERVE •AND QUALIFY THE QUALITY OF WORK
PERFORMED BY MR. B. R. HOPKINS , PRESIDENT OF TOWER STRUCTURES,
INCY, OVER THE PAST SEVERAL YEARS.
SP COMMUNICATIONS IS IN THE PROCESS OF BUILDING A NATIONWIDE
MICROWAVE. NETWORK AUTHORIZED BY THE FEDERAL COMMUNICATIONS
COMMISSION AS A SPECIALIZED' COMMON CARRIER TO
PROVIDt CUSTOMIZED VOICE AND DATA CIRCUITS TO INDUSTRIAL,
FINANCIAL, EDUCATIONAL, AND GOVERNMENTAL ENTITIES. THE SYSTEM
IS NOW COMPLETED BETWEEN SAN FRANCISCO, CALIFORNIA AND
TUCSON, ARIZONA. MR. HOPKINS WAS THE PRIME TOWER CONTRACTOR -
FOR THE SECTION BETWEEN LOS ANGELES AND TUCSON. HE HAD FULL
RESPONSIBILITY FOR T14E STRUCTURAL ENGINEERING, FABRICATION,
AND INSTALLATION OF ALL ANTENNA TOWERS AS WELL AS THE
INSTALLATION OF ASSOCIATED ANTENNAS AND TRANSMISSION LINES.
HIS WORK AND THE WORK OF HIS ORGANIZATION HAS BEEN VERY
PROFESSIONAL IN ALL AREAS OF ENDEAVOR AND HAS ALWAYS COMPLETED
ASSIGNMENTS ON SCHEDULE.
MR. HOPKINS HAS RECENTLY BEEN AWARDED A CONTRACT SIMILAR TO
THAT MENTIONED ABOVE IN OUR NEXT PHASE OF CONSTRUCTION BETWEEN
TUCSON, ARIZONA, AND DEL RIO, TEXAS. I AM SURE MR. HOPKINS
PERFORMANCE WILL BE MOST SATISFACTORY AS IN THE PAST.
YOURS TRULY,
SP COMAfUNI ATIONS
./ S ENSE
MANAGER OF CONSTRUCTION
SOUTHERN PACIFIC COMMUNICATIONS COL 100 PINE STREET FLOOR 19 • SAN FRANCISCO,CA 94111 941S1 as2.1212
American Broadcasting Company 4151 Prospect Avenue Hollywood,Cal,tornia gW27 Telephone 213557-7777
August 8, 1985
Office of Procurement
1823, 14th Street
P.O. Box 1612
Sacramento, California 95807
Attention: Ms. Janis Briggs
Dear Ms. Briggs:
This is to certify that Tower Structures, Inc., was retained by ABC—TV to
review~some of our ideas for a three legged tower, and then to design the
tower for our transmitter site at Mt. Wilson. This is a free standing tower
with an overall height of 470 feet, designed for a future overall height of
695 feet. -
The tower site is very restricted, since almost the entire site is occupied by
the existing transmitter building, T.V. tower, generator building and other
facilities. The only way to locate the new tower on the site was to straddle
the existing two story transmitter buildings.
19* order to protect the buildings, people and automobiles on the road from
falling ice, a protective gridwork was designed just above the buildings
extending twenty feet from the tower face around the entire perimeter of the
tower.
The engineering also included soil testing, foundation design, the design of
the support system for all transmission lines, waveguide, coaxial lines and
electrical lines, and a full height stairway.
Tower Structures, Inc. . was subsequently given a contract to construct the
tower. The constructon effort Included the following:
Construct foundations. Install Ladder.
Fabricate steel. Set all antennas.
Erect tower. Install all transmission lines.
Install platforms. Erect stairway.
Install transmission line supports.
The total project cost was approximately $1,500.000.00.
The services performed by Tower Structures, Inc. was outstanding.
re
ohn F. Studwell,
irector
Construction & Plant Services
JFS/co
RKOVTELEVISION
August 14, 1985
Office of Procurement
1823 14th Street
P.O. Box 1612
Sacramento, Ca. 95807
Attention: Ms. Janis Briggs
Gentlement:
This is to certify that Tower Structures, Inc. , was
,,retained to design and build a self-supporting tower
at our transmitting facility on Mt. Wilson.
The tower has an overall height of 465 feet, and supports
a top mounted circularly polarized TV antenna, an FM antenna,
a tower section for a panel TV antenna, stand-by antennas
for TV and FM broadcasting and numerous microwave antennas.
The new tower had to occupy the same space as the old tower,
so it was necessary to install an interim facility to support
a TV antenna, an FM antenna and stand-by antennas for both
TV and FM radio. For this, Tower Structures designed and
built a 200 ft. tall monopole structure.
The new tower has perimeter grid works to protect buildings,
personnel and automobiles from falling ice.
The services performed by Tower Structures, Inc. , included
the following:
- Prepare tower design.
- Secure permits from National Forest, Los Angeles County
Regional Planning and the Los Angeles County Building Dept. .
- Design, fabricate and install the interim monopole.
- Relocate stand-by antennas to monopole structure in order to
eliminate broadcast down time.
- Relocate existing primary antennas to interim structure
and connect all transmission lines.
- Install foundation for new tower. -
- Fabricate and erect new tower, including ice shields and c
transmission line supports.
- Install new TV and FM antennas and their transmission lines. p
- Install microwave antennas and waveguide. c
- Install stand-by TV and FM antennas and transmission lines.
c
- Remove interim monopole structure.
y
0
5515 MELROSE AVENUE,HOLLYWOOD.CA 90038 (213)467-5459
Janis Briggs August 14, 1985
Sacramento, Ca. Page 2 of 2-
This project cost approximately $1,000,000.00. -
The services performed by Tower Structures were excellent
in my opinion and the company is very professional in all
aspects of its operation from the President to the construction
Crews.
Ver Sincereyly
C.
BUCK EVANS '
Director of Engineering
KW-TV
BEJtlr
i
• I
1
HUGHES COMMUNICATIONS SATELLITE SERVICES, INC
POST OFFICE BOX 92424
WORLGWAY POSTAL CENTER
LOS ANGELES.CALIFORMA 9C009
January 9, 1987
To Whoa It May Concern:
This letter is to certify that Tower Structures, Inc. has
provided telecommunications design and construction services to
Hughes communications. This work has been performed over a
period of years on a nation wide basis.
Services have included engineering and fabrication, as well as,
installation of towers, antennas and telecommunications cable.
Work locations included San Francisco, New York, Los Angeles,
Chicago, Atlanta and Dallas. Work sites ranged from remote
mountain tops to 72 story high buildings.
All work performed by Tower structures to date has been completed
in a timely and professional manner.
Sincerely,
'19,
John E. Hutchinson
Head, Operations Facilities
JEH:Ims
ATTACHMENT I
Bonding Ability
a
J'aft"Burnham
AN EMROYEE OMOD CO&VANY do Company
,::�;>.xY"w M A/.
CA LICENSE 0099753
610 WEST ASH STREET SAN DIEGO.CA 92101.3350 TELEPHONE 619.231-1010 ..
October 29, 1997
Mr. Roger W. Ham
800 Mhz Project and Financial Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Mr:Ham:
Tower Structures,Inc. has been a valued surety bond customer for many years during which time
we have extended surety credit on projects ranging up to$5,000,000. Their bonds are issued by
us through Continental Casualty Company.
Tower Structures,Inc., in our opinion, is managed by very competent and experienced
individuals who have demonstrated, on numerous occasions,their ability to perform challenging
projects on schedule and within budget. Their reputation,skill and integrity are second to none
in the industry.
We stand ready to support the bond needs of Tower Structures,Inc.on Design/Build Tower
Projects of$1,000,000 and greater. We are pleased to recommend Tower Structures,Inc. to you.
Should you need additional information,my direct line is(619) 525-2702.
Sincerely,
Dale G. Harshaw
Vice President-Surety/John Burnham & Company and
Attorney-In-Fact/Continental Casualty Company
PA CIL SALTER
frOMSFNfpA CCMmUNICRTJONS CNGJNEEA
COMMUNICAWNS 6 ELECTRICAL QMSIQN
f220 Caminito Centro MS#23
San Diego,G4 92 J02-J80f O
1619)525.8652
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Tower Structures, Inc.
CITY OF HUNTINGTON BEACH
Civic Center$00 MHz Project CC1048
Cost Proposal
Item Cost Hours
Prepare site plans $ 1,969 32
Site Information Procurement $ 985 16
Zoning Applications I Plan Submittal $ 4,058 48 Includes Fees&Mailings
Building Permits&Fees $ 3,796 32
Meeting with Staff $ 3,446 56
Engineering $ 19,540 • fixed price proposal
Materials and Fabrication $ 102,370 • fixed price proposal
Installation $ 88,593 ' fixed price proposal
Project Total S 2ZZ 757
r
P osa Is valid far a 90 y pedod b glnning November 5, 1997
BY:
Printed Name: Donald G. Weirauch
Title: Vice President
Date: November 5, 1997