Resolution No. 80551
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RESOLUTION NO. 8055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
CHALMERS CORPORATION, DBA C.E.G. CONSTRUCTION
WHEREAS, the Redevelopment Agency of the City of Vernon (the
"Agency") owns real property located at 3375 E. Slauson Avenue in the
City of Vernon which it intends to sell to the City of Vernon for the
development of a Business and Technology Development Center (the
1"Project"); and
WHEREAS, on August 22, 2001, the Agency adopted Resolution
RA-197 approving a Letter of Intent with Chalmers Corporation, dba
C.E.G. Construction (hereinafter referred to as "CEG") memorializing
the Agency's intent to negotiate a formal construction contract for the
Project with CEG; and
WHEREAS, City staff and representatives of CEG have
finalized negotiations of a construction agreement for the design and
construction of the Project; and
WHEREAS, by letter dated August 22, 2002, Bruce V.
Malkenhorst, City Administrator/City Clerk, recommended that an
agreement with CEG be approved and executed; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an agreement with CEG for the development of
Ithe Project.
2811 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement with CEG, in substantially the same form
attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Agreement to:
Chalmers Corporation, dba C.E.G. Construction
Attn. Tracy John Chalmers
7901 Crossway Drive
Pico Rivera, CA 90660
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 4th day of September, 2002.
ATTEST: THOMAS A. YBARIRA, Mayor Pro Tem
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8055, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
September 4, 2002, and thereafter was duly signed by the Mayor Pro Tem
of the City of Vernon.
(S EAL )
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
EXHIBIT
DRAFT
Ar.RF F.MF W T
THIS AGREEMENT (the "Agreement") is made, entered into,
executed in triplicate and to be performed in the City of Vernon,
California, as of the day of , 2002.
BY AND BETWEEN
E
CITY OF VERNON, a municipal
corporation (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058
CHALMERS CORPORATION, a
California corporation d.b.a.
C.E.G. Construction
(hereinafter referred to as
"Contractor")
7901 Crossway Drive
Pico Rivera, CA 90660
IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND
CONDITIONS HEREIN SET FORTH, THE PARTIES DO HEREBY AGREE AS
FOLLOWS:
Article 1. GENERAL
Section 1. Scope of Work
The work hereunder must be done in strict conformity with
the plans and specifications adopted and approved by the City.
Contractor will furnish all labor, equipment and materials and
will perform all work described in the Contract Documents
attached hereto and hereby incorporated by this reference. More
specifically, Contractor agrees to construct and complete in good
workmanlike and substantial manner, upon the real property
hereinafter described, furnishing or causing to be furnished all
labor, materials, tools and equipment to construct, utilizing its
own employees and/or subcontractors to construct a two story
concrete reinforced tilt -up building approximately 40,000 square
feet as set forth in Exhibit "A" and "B" (hereinafter referred to
as the "structure", with the terms "project" and "work" sometimes
being utilized in this Agreement to refer to Contractor's work on
and construction of the structure and related site work), upon a
parcel of real property commonly known as 3375 Slauson Avenue in
the City of Vernon (hereinafter after referred to as "the
Property").
Section 2. Consideration
In consideration of the covenants and agreements hereunder,
the City agrees to pay Contractor the sum not to exceed TWO
MILLION SIX HUNDERED FIFTY-TWO THOUSAND FIVE HUNDRED EIGHTY-EIGHT
DOLLARS ($2,652,588.00) in accordance with Section 3 below.
Section 3. Payments
(a) Monthly Progress Payments
On or about the 25th day of each month, the Contractor shall
submit to the City an estimate of the cumulative amount and value
of the work performed by the Contractor prior to that date and
subsequent to any prior monthly estimates.
The City shall pay the Contractor, within fifteen (15)
calendar days, 90% of the said estimate reduced by: (1) amounts
due to the City for equipment, services or materials furnished by
the City; (2) amounts of any claims or liens, and (3) amounts
required to be deducted by Federal, State or.local governmental
authorities.
No monthly payment shall be construed as acceptance of the
work, or any portion thereof, nor shall such payment preclude the
City from demanding and recovering from the Contractor such
damages as may be sustained by reason of the Contractor's failure
to fully perform this Agreement.
(b) Pre -Retention Payment
Upon satisfactory completion of the work described herein,
the Contractor shall furnish the City with a complete and final
accounting of all labor, materials, and other costs. The City
shall pay the Contractor a sum equal to 900 of the cost of the
actual work completed, reduced by those items set forth in
Section 3(a) above.
(c) Final Payment
The final payment of 100 of the value of the work done under
this Contract, reduced by those items set forth in Section 3(a)
above, shall be made thirty-five (35) calendar days after the
recordation of a Notice of Completion by the City or if a Notice
of Completion is not recorded sixty-five (65) calendar days after
acceptance of the completed project. The acceptance will be made
only by an action of the City Council of the City. The
acceptance by the Contractor of said final payment shall
constitute a waiver of all claims against the City arising under
this Agreement.
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Section 4. Contract Documents
The complete Agreement includes all of the Contract
Documents set forth herein, to wit: (1) Contractor's Proposal,
identified as Exhibit "A" and Exhibit "B", (2) this Agreement,
(3) the forms including the Performance Bond, the Labor and
Material Bond, the Proof of Insurance, the Workers' Compensation
Certificate, and (4) the plans drawn by O.C. Engineering dated,
October 15, 2001.
Section 5. Compliance with Provisions of Law
The work shall be completed in compliance with all
applicable Federal, state and local laws, including, but not
limited to ordinances, rules and regulations of competent public
authority.
Section 6. Costs and Attorneys' Fees
In any action or proceeding brought to enforce the
provisions of this Agreement, the court shall award reasonable
costs and expenses, including attorneys' fees, to the prevailing
party.
Section 7. Notices
Any Notice required or permitted hereunder shall be given by
personal delivery or by first class mail, postage prepaid,
To: Bruce V. Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
To: James N. Devling
Contractor
7901 Crossway Drive
Pico Rivera, CA 90660
Section 8. Conflict with Plans and Specifications
The plans and specifications and other contract documents
are intended to supplement each other, so that any work,described
in one or more and not mentioned in another area to be executed
the same as if they were mentioned and set forth in each, except
if the context requires otherwise.
Any conflict between the plans and specifications and this
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Agreement shall be brought to the attention of the City
immediately, so that such conflict may be resolved to the
satisfaction of the City. Generally, in the event of any
inconsistency or conflicts between provisions of any agreements,
plans and specifications, et cetera, prepared and/or executed
with respect to this Agreement, change orders and written
amendments to this Agreement executed by both parties shall
prevail over this Agreement, which shall prevail over the
approved plans and specifications, which shall prevail over any
other written reports and documents in existence as of the date
of this Agreement. The resolution of any conflicts shall be in
the City's sole discretion.
Section 9. Assignment
The Contractor shall not assign this Agreement or payments
due hereunder. The City may assign its duties and obligations
under this Agreement at its sole discretion.
Section 10. Paragraph Headings
The paragraph headings herein are for the convenience of the
parties and shall not affect the interpretation of this
Agreement.
Section 11. Authority of the City's Representative
The City's representative shall decide all questions which
may arise as to the quality or acceptability of materials
furnished and work performed, and as to the manner of performance
and rate of progress of the work, and all questions as to the
interpretation of the plans and specifications. Any and all
issues involving the payment of extra compensation under this
Agreement are to be referred to the City Engineer.
Article 2. WAGES, HOURS and WORKING CONDITIONS
Section 12. General Prevailing Rate of Per Diem Wages
The general prevailing rates of per diem wages are not
applicable for this project.
Section 13. Hours of Work
(a) Eight hours labor shall constitute a legal day's work.
The time of service of any worker employed on the work hereunder
is limited and restricted to eight hours during any one calendar
day and forty hours during any one calendar week unless said
employee is compensated at a rate of one and one-half times the
basic rate of pay for all times in excess of the foregoing hours.
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(b) The Contractor shall keep and make available until
ninety (90) calendar days after completion of this Agreement an
accurate record showing the name of and actual hours worked each
calendar day and each calendar week by each worker employed by
him on the work hereunder.
(c) The Contractor shall, as a penalty to the City, forfeit
$50.00 for each worker employed on the work by the Contractor or
by any subcontractor for each calendar day during which such
worker is required or permitted to work more than eight hours in
any one calendar day or forty hours in any one calendar week in
violation of the provisions of this section.
Section 14. Apprentices
The Contractor is responsible for complying with the
provisions of Labor Code Section 1777.5 dealing with the
employment of apprentices on the job site. The responsibility
for compliance with said section for all apprenticable
occupations lies with the prime the Contractor.
Section 15. Subcontractors
(a) The Contractor shall comply with the provisions of the
"Subletting and Subcontracting Fair Practices Act" contained in
Public Contract Code Sections 4100 et seq.
(b) The Contractor shall submit to the City the following
information:
(1) The name and location of the place of business of
each subcontractor who will perform work or labor or render
services to the Contractor hereunder, or a subcontractor licensed
by the State of California, who, under subcontract to the
Contractor, specially fabricates and installs a portion of the
work or improvement according to detailed drawings contained in
the plans and specifications, in an amount in excess of one-half
of one percent of the prime Contractor's total bid.
(2) The portion of the work which will be done by each
such subcontractor.
(c) The prime Contractor shall list only one subcontractor
for each portion as defined by the Contractor in his bid.
Section 16. Discrimination
The Contractor shall not refuse to employ or promote any
person, and shall not discriminate against any person with
respect to compensation received or terms and conditions of
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employment, and shall not discipline or discharge any person
employed by him because of said person's race, religion, creed,
color, national origin, ancestry or sex; nor shall the Contractor
refuse to accept otherwise qualified employees as indentured
apprentices solely on the grounds of race, religion, creed,
color, national origin, ancestry or sex.
Section 17. Safety
The Contractor and all subcontractors shall comply with the
provisions of the Safety and Health Regulations for Construction,
promulgated by the U.S. Secretary of Labor under Section 107 of
the "Contract Work Hours and Safety Standards Act", as set forth
in Title 29, C.F.R. and by the State of California, Division of
Industrial Safety.
Section 18. Character of Workers
Only competent workers shall be employed on this project.
Any person employed, who is found to be incompetent, intemperate,
troublesome, disorderly or otherwise objectionable, or who fails
or refuses to perform his work properly and acceptably, shall be
immediately removed from the project by the Contractor and shall
not be re-employed on the project.
Article 3. INSURANCE, INDEMNIFICATION and BONDS
Section 19. Insurance
Prior to commencing work hereunder, the Contractor shall
provide the City with proof of insurance naming the City and its
consultants and each of its directors, officers, agents, and
employees as additional -named insureds on a policy or policies of
insurance providing and maintaining the coverages set forth in
the Insurance Schedule attached hereto; provided, that coverage
is not required for active negligence of the City to the extent
that indemnification for the City's active negligence would be
invalid under Section 2782(b)of the California Civil Code. Said
proof of insurance shall also provide that said policy or
policies shall not be canceled or materially reduced without
giving at least 30 days prior written notice to the City.
Section 20. Indemnification
The Contractor shall indemnify, protect, defend, and hold
harmless the City and its consultants, and each of its directors,
officers, agents, and employees from and against any and all
claims, demands, losses, damages, liabilities, fines, charges,
penalties, orders, judgments, and all costs and expenses incurred
in connection therewith, including reasonable attorney's fees and
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costs of defense arising, directly or indirectly, in whole or in
part, out of the services performed under this Agreement, except
to the extent arising from or caused by the sole active
negligence or willful misconduct of the City, its officers,
agents, or employees.
Section 21. Workers' Compensation
The Contractor shall secure payment of compensation to his
employees pursuant to Labor Code Section 3700, and shall obtain
employers' liability insurance as set forth in the Insurance
Schedule. Prior to performing the work hereunder, the Contractor
shall submit to the City the Workers' Compensation Certificate
set forth herein or an executed certificate of workers'
compensation insurance as provided herein. Such insurance shall
include a waiver of subrogation endorsement naming the City, and
its consultants, and each of its directors, officers, agents, and
employees.
Section 22. Labor and Material Payment Bond
Before entering upon the performance of the work hereunder,
the Contractor shall file an approved Labor and Material Payment
Bond with the City. Said bond shall be in the sum of 100% of the
total amount payable by the terms of this Contract Agreement to
the Contractor. Said payment bond shall be in substantially the
form of the payment bond attached hereto.
Section 23. Performance Bond
The Contractor shall execute and deliver to the City for its
approval and acceptance a Performance Bond in the amount of 1000
of the total amount payable by the terms of this Contract
Agreement. Said bond shall be payable by surety or sureties to
the City in the event the Contractor fails to fully perform his
obligations hereunder. Said bond shall be in substantially the
form of the Performance Bond attached hereto.
Article 4. PERFORMANCE
Section 24. Time for Completion
This Agreement shall become effective upon full execution by
the parties. Contractor agrees to commence construction
promptly, after issuance of all building and other permits with
respect to the Property and the structure, and to prosecute the
work thereafter diligently to completion, and in any and all
events to substantially complete the structure within 220
calendar days after the receipt of all building permits needed
for the project.
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Section 25. Force Majeure
The Contractor shall not be responsible for the cost of
repairing or restoring damage to the work in excess of 5% of the
Contracted amount, if the damage is determined to have been
proximately caused Force Majeure; provided, that the work damaged
has been built in accordance with accepted and applicable
building standards and the plans and specifications of the City.
Force Majeure shall include acts of a public enemy, acts of the
State or Federal Government, war, riot, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, unusually
severe weather, acts of God (meaning earthquakes of magnitude 3.5
or greater on the Richter Scale and tidal waves) and delays of
subcontractors due to such causes.
Section 26. Utility Relocation
(a) As between the parties, the City is responsible for the
timely removal, relocation or protection of existing main or
trunk line utility facilities located on the job site, unless
such utilities are identified by the City in the plans and
specifications. The Contractor shall be compensated by the City
for the costs of relocating, for repairing damage not due to the
failure of the Contractor to exercise reasonable care, for
removing or relocating such utility facilities not included in
the plans and specifications with reasonable accuracy, and for
equipment on the project necessarily idled during such work. The
Contractor shall not be assessed liquidated damages for delay in
completion of the project, when such delay is caused by the
failure of the City or the owner of the utility to provide for
removal or relocation of such utility facilities.
(b) Nothing herein shall be deemed to require the City to
indicate the presence of existing service laterals or
appurtenances whenever the presence of such utilities on the site
of construction can be inferred from the presence of other
visible facilities, such as buildings or metering junction boxes
on or adjacent to the site of construction; provided, however,
nothing herein shall relieve the City from identifying main or
trunk lines in the plans and specifications.
(c) If the Contractor, while performing the contract,
discovers utility facilities not identified by the City in the
contract plans or specifications, he shall immediately notify the
City and utility in writing.
Section 27. Public Convenience
(a) The Contractor's operation shall cause no unnecessary
public inconvenience. The access rights of the public shall be
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considered at all times. Unless otherwise authorized, traffic
shall be permitted to pass through the work or an approved detour
shall be provided. Safe, adequate, continuous and unobstructed
pedestrian and vehicular access shall be maintained to fire
hydrants, water valves, residences, commercial and industrial
establishments, churches, schools, parking lots, service
stations, motels, fire and police stations, and hospitals, unless
other arrangements are made satisfactory to owners thereof.
(b) Vehicular access to residential driveways shall be
maintained to the property line except when necessary
construction precludes such access for reasonable periods of
time.
(c) Grading operations, roadway excavation and embankment
construction shall be conducted by the Contractor in a manner to
provide a reasonably satisfactory surface for traffic. When
rough grading is completed the roadbed surface shall be brought
to a smooth, even condition satisfactory for traffic.
(d) The Contractor shall comply with all applicable State,
County and City requirements for closure of streets. The
Contractor shall provide barriers, guards, lights, signs,
temporary bridges, flagmen and watchmen advising the public of
detours and construction hazards. The Contractor shall also be
responsible for compliance with additional public safety
requirements that may arise during construction. The Contractor
shall furnish and install and, upon completion of the work,
promptly remove all signs and warning devices.
(e) At least 48 hours in advance of closing or partial
closing or of reopening any street, alley, or other public
thoroughfare, the Contractor shall notify the police, fire,
traffic and engineering departments of the City and any other
jurisdictional agencies involved and shall comply with their
requirements.
Section 28. Excavations
(a) Excavation Safety
During the excavation of trenches five (5) feet or more in
depth, the Contractor shall submit to the City, for its approval,
a detailed plan showing the design of shoring, bracing, sloping,
and other provisions to be made for worker protection from the
hazard of caving ground. Said plan shall be at least as
effective as that required by the Construction Safety Orders of
the California Division of Industrial Safety. If said plan
varies from the shoring systems standards established by said
Safety Orders, the plan shall be prepared by a registered civil
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or structural engineer.
b) Trenches
During the excavation of trenches four (4) feet below the
surface, the following provisions apply:
(1) The Contractor shall promptly, and before the following
conditions are disturbed, notify the City, in writing, of any:
(i) Material that the Contractor believes may be material
that is hazardous waste, as defined in Section 25117 of
the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal
site in accordance with provisions of existing law.
(ii) Subsurface or latent physical conditions at the site
differing from those indicated.
(iii)Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily
encountered and generally recognized as inherent in
work of the character provided for in the contract.
(2) The City shall promptly investigate the conditions, and
if it finds that the conditions do materially so differ, or do
involve hazardous waste, and cause a decrease or increase in the
Contractor's cost of, or the time required for, performance of
any part of the work shall issue a change order under the
procedures described in the contract.
(3) In the event that a dispute arises between the City and
the Contractor whether the conditions materially differ, or
involve hazardous waste, or cause a decrease or increase in the
contractor's cost of, or time required for, performance of any
part of work, the Contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall
proceed with all work to be performed under the contract. The
Contractor shall retain any and all rights provided either by
contract or by law which pertain to the resolution of disputes
and protests between the contracting parties.
(c) Closure
At the close of each working day, the Contractor shall
completely backfill all open excavation and cover the same with
temporary asphalt mix in accordance with normal practice in the
industry and the rules, regulations, laws and ordinances of the
State of California, the County of Los Angeles, and the City of
Vernon.
�1=
Section 29. Exclusions
The following items are additional to and separate from the
work to be provided by Contractor as part of this Agreement, but
may be performed by Contractor for an agreed upon additional fee
at the request of the City: (a) consultations, negotiations and
preparation of documentation supporting the procurement of
project financing; (b) consultations and services other than
normal assistance in procuring building permits and/or appearing
before governmental authorities in connection with the project;
(c) interior design, including procurement and placement of
furniture, furnishings, artwork and decorations; (d) design,
coordination, management and other services supporting the
procurement of telephone systems, computer wiring networks, any
alarms, security systems and other special systems, which are not
a part of this Agreement; (e) offsite improvements beyond the
matters specified in this Agreement; (f) hazardous material
abatement; (g) building plan check, permits and fees; (h) county
and city fees, assessments, permits, testing and inspection; (i)
local fees and assessments as might be imposed such as sewage
facilities charges, city occupational tax, fees to fund fire
hydrants and water; (j) utility fees or charges; (k) deputy
inspection fees; (1) city taxes and license fees; and, (m) plan
duplication.
Section 30. Additional and/or Extra Work
The City may require changes in, additions to, or deductions
from the work to be performed or to the materials to be furnished
hereunder. Should the City as any time during the progress of
the work request any modifications, alterations, or deviations
in, or additions to, this Agreement or the plans and
specifications, it shall be at liberty to do so, and the same
shall in no way make void this Agreement, but he costs of the
item(s) subject to change (and agreed to by Contractor) shall be
added to the contract price and shall be paid to the Contractor.
No extra work shall be performed or change made unless in
the pursuance of a written order from the City stating that the
extra work or change is authorized, and setting forth the basis
upon which payment therefore is to be made, and no claim for an
addition to the Contract price shall be valid unless so ordered;
provided, however, that nothing in this article shall excuse the
Contractor from proceeding with the prosecution of the work so
changed. The Contractor shall, when required by the City,
furnish an itemized breakdown of the quantities and prices used
in computing the value of any change that might be ordered.
The adjustment, if any, in the amounts to be paid to the
Contractor by reason of any such change, addition or deduction
shall be determined by one or more of the following methods:
(1) By an acceptable lump sum proposal from the Contractor.
(2) By unit prices contained in the Contractor's original
bid and incorporated in the Contract Documents or fixed
by subsequent agreement between the City and the
Contractor.
(3) By proceeding with the work and to furnishing daily
reports of extra work. The report shall itemize all
costs for labor, materials, and equipment rental. The
report for workers shall include hours worked, rates of
pay, names and classifications. The report for
equipment shall include size, type, identification
number, and hours of operation. All records and reports
shall be made immediately available to the engineer
upon his request.
When the City orders work to be done and there is a
supplemental agreement between the City and the Contractor to
perform said work, the City reserves the right to approve the
method used by the Contractor to accomplish said work. At the
request of the City, the method to be used shall be defined in
the supplemental agreement prior to any work being performed by
the Contractor.
Section 31. Clean Up
Upon completion of the work, the Contractor shall remove all
debris and surplus materials from its work at the Property
(including the structure) and leave the Property in a neat and
orderly condition.
Section 32. Materials
(a) New Materials and Equipment
Unless otherwise specified, shown, or permitted by the City
all materials and equipment incorporated in the work shall be new
and of current manufacture. The City may request the Contractor
to furnish manufacturer's certificates to this effect. No
materials shall be installed until approved by the City's
representative.
(b) Inspection of Materials
All materials furnished hereunder shall be subject to
inspection and testing by the City's authorized agents at the
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City's expense. In the event such inspection and testing reveals
non-compliance with the requirements of this Contract, the
Contractor shall bear the cost of necessary corrective measures
as well as the cost of subsequent inspection and testing.
(c) Defective Equipment or Materials
The inspection shall not relieve the Contractor of any of
his obligations hereunder. Even though equipment or materials
required to be provided hereunder have been inspected, accepted,
and estimated for payment, the Contractor shall, at his own
expense,'replace or repair any such equipment or materials found
to be defective or otherwise not to comply with the requirements
hereunder up to the end of the maintenance and guarantee period
as provided in Section 43.
(d) Storage of Materials
All materials for use on the project shall be stored by the
Contractor in such a manner as to prevent damage from exposure to
the elements, from admixture of foreign materials or from any
other
cause. The Contractor shall be entirely responsible for damage
or loss of materials by exposure, weather or other causes.
Section 33. Permits and Licenses
(a) The Contractor shall apply for and procure all permits
and licenses necessary for the work
except:
(b) The Contractor shall give all notices necessary and
incidental to the due and lawful prosecution of the work and
shall duly comply with the terms and conditions of all permits
and licenses.
(c) The Contractor shall pay all charges and fees in
connection with all permits and licenses except those required by
the following:
Section 34. Land and Rights of Way
(a) The City shall provide all land and rights of way upon
which the work is to be constructed.
(b) The Contractor shall procure any additional rights of
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way desired by the Contractor to facilitate construction of the
work. The Contractor shall enter into written agreements with
property owners for such purposes and shall provide the City with
copies of said agreements.
(c) Except as provided in Section 26 relating to utility
relocation, when the work described herein is to be performed in
the vicinity of existing improvements, such improvements shall
not be disturbed or damaged except for such removal or relocation
of improvements in the land and rights of way provided by the
City.
Section 35. Plans and Working Drawings Furnished by the
City
(a) The approved plans shall be supplemented by such
working drawings as are necessary to control the work adequately.
All such drawings shall be consistent with the Contract
Documents, true developments thereof, and reasonably inferable
therefrom.
All such drawings delivered to the Contractor shall be deemed
written instructions to the Contractor.
(b) The City will furnish to the Contractor, free of
charge, all copies of drawings, and specifications reasonably
necessary for the execution of the work. The Contractor shall
keep one set of drawings and specifications in good order
available to the City representative and to the Contractor's
representatives at job site.
(c) The plans for the work will show conditions as they are
supposed or believed by the City to exist; but it is not intended
or to be inferred that the conditions as shown thereon constitute
a representation by the City or its officers that such conditions
are actually existent. The City, any of its officers, and the
City Engineer shall not be liable for any loss sustained by the
Contractor as a result of any variance of the conditions as shown
on the plans and the actual conditions revealed during the
progress of the work, or otherwise.
Section 36. Shop Drawings Submitted by the Contractor
(a) Shop drawings are drawings, diagrams, illustrations,
schedules, performance charts, brochures and other data which are
prepared by the Contractor or any subcontractor, manufacturer,
supplier or distributor, and which illustrate some portion of the
material or work.
(b) The Contractor shall review, stamp with his approval,
- 14 -
and submit for review by the City's representative shop drawings
for all material and equipment to be incorporated into the work.
Drawings shall be submitted in quadruplicate to the City and be
accompanied by a letter of transmittal listing the drawings
submitted. Drawings shall show the name of the project, the name
of the Contractor, and if any, the names of suppliers,
manufacturers, and subcontractors. Shop drawings shall be
submitted with promptness and in orderly sequence so as to cause
no delay in prosecution of the work.
(c) Shop drawings shall be complete in all respects. If the
shop drawings show any deviation from the requirements of the
plans and specification because of standard shop practices or
other reasons, the deviations and the reasons therefore shall be
set forth in the letter of transmittal.
(d) By approving and submitting shop drawings, the
Contractor represents that material, equipment and other work
shown thereon conforms to the plans and specifications except for
any the deviation set forth in the letter of transmittal.
(e) Within ten (10) calendar days after receipt of said
drawings, the City will return two prints of the drawings to the
Contractor with the City's comments noted thereon. If so noted
by the City, the Contractor shall correct the drawings and
resubmit them in the same manner as specified for the original
submittal.
The Contractor shall direct specific attention in the letter of
transmittal accompanying resubmitted shop drawings to revisions
other than the corrections requested by the City on previous
submittals.
(f) The review by the City will be only for general
conformance with the design concept of the project and general
compliance with the plans and specifications and shall not be
construed as relieving the Contractor of the full responsibility
for: (1) providing materials, equipment, and work required by
the Contract; (2) proper fitting and construction of the work;
(3) accuracy and completeness of the shop drawings; (4) selecting
fabrication processes and techniques of construction; and (5)
performing the work in a safe manner.
(g) No portion of the work requiring a shop drawing
submittal shall be commenced until the submittal has been
reviewed by the City and returned to the Contractor with a
notation indicating that resubmittal is not required.
Section 37. Supervision by the Contractor
Before starting the work, the Contractor shall designate, in
- 15 -
writing, a representative who shall have complete authority to
act for him. An alternate representative may be designated. The
representative or alternate shall be present at the worksite
whenever work is in progress. Any order or communication given
to the representative shall be deemed delivered to the
Contractor. A joint venture shall designate only one
representative and alternate. In the absence of the Contractor
or his designated representative, necessary or desirable
directions or instructions may be given by the City to the
superintendent or foreman having charge of the specific work to
which the order applies. Such order shall be complied with
promptly and referred to the Contractor or his representative.
Section 38. Inspection of Work
(a) The City shall at all times have access to the work
during construction and shall be furnished with every reasonable
facility for ascertaining full knowledge respecting the progress,
workmanship and character of materials used and employed in the
work.
(c) Whenever the Contractor varies the period during which
work
is carried on each day, he shall give due notice to the City so
that
proper inspection may be provided. Any work done in the absence
of the City's representative will be subject to rejection.
(c) All excavations which are to be backfilled shall be
inspected and approved by the City prior to backfilling and the
Contractor shall give due notice in advance of backfilling to the
City so that proper inspection may be provided.
(d) The inspection of the work shall not relieve the
Contractor of any of his obligations to fulfill the contract as
prescribed.
Defective work shall be made good, notwithstanding the fact that
such defective work has been previously overlooked by the
Agency's representative and accepted.
Section 39. Correction of Defective and Unauthorized Work
(a) All work which has been rejected shall be remedied, or
removed and replaced by the Contractor, at the City's direction
and in a manner acceptable to the City, and no compensation will
be allowed for such removal or replacement. Any work done beyond
the lines and grades shown on the plans or established by the
City, or any extra work done without written authority, will be
considered as unauthorized and will not be paid. Work so done may
be ordered removed at the Contractor's expense.
(b) Upon failure by the Contractor to comply promptly with
any order of the City made under the provisions of this article,
the City shall have authority to cause defective work to be
corrected by its own forces or by another contractor, and to
deduct the costs from any monies due or to become due to the
Contractor.
Section 40. Errors or Discrepancies Noted by the Contractor
(a) If the Contractor, either before commencing work or in
the course of the work, finds any discrepancy between the plans,
specifications, and drawings or between any of them and the
physical conditions at the site of the work, or finds any error
or omission in any of the plans, specifications, or drawings or
in any survey, he shall promptly notify the City in writing of
such discrepancy, error, or omission. If the Contractor observes
that any plans, specifications, or drawings are at variance with
any applicable law, ordinance, regulation, order or decree, he
shall promptly notify the City in writing of such conflict.
(b) The City, on receipt of any such notice, shall promptly
investigate the circumstances and give appropriate instructions
to the Contractor. Until such instructions are given, any work
done by the Contractor, either directly or indirectly after his
discovery of such error, discrepancy, omission, or conflict, will
be at its own risk and the Contractor shall bear all costs
arising from any work which incorporates such error, discrepancy,
omission, or conflict.
Section 41. Equipment
The Contractor shall furnish adequate equipment and
facilities to perform properly the work in a workmanlike manner
in accordance with the plans and specifications. Such equipment
and facilities must be in a good state of repair and maintained
in such state during the progress of the work and shall meet all
requirements of applicable ordinances and laws. No worn or
obsolete equipment shall be used, and in no case shall the
manufacturer's rating of capacity for any equipment be exceeded.
Article 5. MISCELLANEOUS
Section 42. Damages for Delay
(a) The Contractor acknowledges that the City desires the
project to be completed on or before the date specified in the
Bid Proposal. The Contractor also acknowledges that if the work
is not completed on or before said date that the City will incur
- 17 -
substantial damages that cannot be ascertained at this time.
Accordingly, the Contractor shall pay to the City any and all
damages caused by the Contractor's delay in completing the work
as herein provided.
(b) If the work is not completed in accordance with the
foregoing, it is mutually agreed that the City will suffer
damage, that it will be impractical and infeasible to determine
the amount of actual damage, and that the Contractor shall pay to
the City, as fixed and liquidated damages and not as a penalty,
the sum of $1,500.00, for each and every calendar day of delay,
and that the Contractor and his Surety shall be liable for the
amount thereof; provided, that the Contractor shall not be
charged liquidated damages because of any delays in the
completion of the work due to Force Majeure or acts of the City,
acts of another Contractor in the performance of a Contract with
the City, and without the fault or negligence of the Contractor.
(c) The Contractor shall within ten (10) days from the
beginning of any such delay (unless the City shall grant a
further period of time prior to the date of final settlement of
the Contract) notify the City in writing of the cause of delay;
whereupon the City shall ascertain the facts and extent of the
delay and extend the time for completing the work if in its sole
judgment the findings of fact justify such an extension. The
City's findings of fact thereon shall be final and conclusive on
the parties hereto.
(d) The City shall have the right to extend the time for
completion if it determines such extension to be in the best
interest of the City. However, if the City extends the time
limit for the completion of the work by way of a change order at
the request of the Contractor and for other than Force Majeure,
it is understood and agreed that such time extension will
increase the City's financial obligations incurred for
engineering, inspection, supervision, incidental and overhead
expenses that are directly chargeable to the Contract and that
accrue during the period of extension. Therefore, the Contractor
does hereby acknowledge that reasonable charges for the
hereinabove City expense shall be reimbursed to the City by the
Contractor before the final payment of the ten percent (10%)
retention.
Section 43. Guarantee
The Contractor does hereby warrant and guarantee all work
performed by it hereunder against defects in workmanship and/or
material for the period of one year after the date the City
Council has accepted the work, and the Contractor shall repair
and replace any and all such work, together with any other work
- 18 -
which may be displaced in so doing, that may prove defective in
workmanship during such period, without expense whatsoever to the
City, ordinary wear and tear, usual abuse, or neglect excepted.
In the event of failure to comply with these requirements within
a week after being notified in writing, the City is hereby
authorized to proceed and have the defects repaired and made good
at the expense of the Contractor, who hereby agrees to pay the
costs and charges therefor immediately on demand.
Section 44. Risk of Loss Prior to Final Acceptance
Except as set forth hereinabove relating to Force Majeure,
all risk of loss resulting from total or partial destruction of
the work, or any part thereof, or any damage thereto, prior to
final acceptance of the work by City, shall be borne by the
Contractor regardless of the cause of such total or partial
damage or destruction. The Contractor, at its sole cost, shall
repair or replace such damages or destroyed work to its prior
undamaged condition before being entitled to additional progress
payments or final payment. Such total or partial destruction or
damage shall not excuse the Contractor from completion of the
work in accordance with the provisions of this Contract.
Section 45. Termination
(a) Termination (Contractor's Default)
(1) It shall be considered a default if the Contractor
shall (a) declare bankruptcy, become insolvent, or assign his
assets for the benefit of his creditors; (b) disregard or violate
material provisions of the Contract Documents or City's
instructions, or fail to prosecute the work according to the
approved progress schedule; (c) fail to provide a qualified
superintendent, or representative, or competent workers,
subcontractors, or materials or equipment which meet the
requirements of the plans, specifications, and drawings. In such
event, the City, will so notify the Contractor in writing. Upon
receipt of any such written notice of default, the Contractor
shall, at his expense, preserve at the project site all
construction materials, equipment, and plant, and shall undertake
immediate steps to remedy such default.
(2) If the Contractor fails to remedy such default within
ten (10) calendar days after receipt by him of such written
notice of default, the City, in writing and without notice to the
Contractor's sureties, at its option may terminate the right to
proceed hereunder with that work as to which default has occurred
or may terminate this Contract Agreement. Upon receipt of any
such written notice, the Contractor shall at its expense and for
the work affected by any such termination:
- 19 -
(i) assist the City in making an inventory of all
materials and equipment in storage at the site,
enroute to the site, in storage or manufacture away
from the site, and/or on order from suppliers;
assign subcontracts, supply Contracts, and equipment
rental agreements to the City all as designated by
the City; and
remove from the site all construction materials,
equipment, and plant listed in said inventory other
than such source testing materials, equipment, and
plant which are designated in writing by the City to
be used by the City in completing such work.
(3) The City shall have the right to complete the work to
which the termination applies by contract or otherwise, and the
Contractor agrees that the City shall have the right for such
purpose and for as long as necessary to take possession of and to
use any or all of the materials, plant, tools, equipment,
supplies and property of any and every kind furnished by the
Contractor which is designated by the City in writing for such
purpose.
(4) The expense of so completing such work, together with
reasonable charges for administering any contract for such
completion, shall be charged to the Contractor, and such expense
shall be deducted by the City out of such monies as may be due or
may at any time thereafter become due to the Contractor. In case
such expense exceeds the sum which would have otherwise been
payable under the Contract, then the Contractor and his sureties
shall be liable for and, upon written notice from the City, shall
promptly pay the amount of such excess to the City. The City
shall not be required to obtain the lowest figures for completing
such work, but may make such expenditures as in the City's sole
judgment best accomplish such completion.
If such cost is less than the balance which would have been
due, the Contractor shall have no claim to the difference except
to such extent as may be necessary in the opinion of the City, to
reimburse the Contractor or the Contractor's sureties for any
expense properly incurred for materials, tools, equipment,
property, and labor which were devoted to the prosecution of the
work and of which the City shall have received the benefit. In
computing such expense, as it relates to equipment and property,
the salvage value at completion of the work shall be deducted
from the depreciated value at the time the Contract was
terminated, and the difference shall be considered as an expense.
(b) Optional Termination of Contract by City
- 20 -
(Contractor Not at Fault)
City may terminate the Contract upon ten (10) days written
notice to the Contractor, if it is found that reasons beyond the
control of either the City or the Contractor make it impossible
or against the City's interests to complete the work. In such a
case, the Contractor shall have no claims against the City except
(1) for the value of work performed up to the date the Contract
is terminated, and (2) for the cost of materials and equipment on
hand, in transit, or on definite commitment, as of the date the
Contract is terminated, provided that such materials and
equipment would be needed in the work and meet the requirements
of the specifications. The value of work performed and the cost
of materials and equipment, as mentioned above, shall be
determined by the City in accordance with the procedure
prescribed for making of a final estimate and payment as
described in Section 3.
Section 46. Standard Specifications
The "Standard Specifications for Public Works Construction"
(current year edition), published by Building News, Inc. is
hereby incorporated by this reference and made a part hereof as
though fully set forth at length, provided, however, in the event
that said standard specifications are inconsistent with the terms
of this Contract, including the special provisions attached
hereto, then this Contract and the special provisions shall be
deemed controlling.
Section 47. Contractor's Financial Responsibility
Contractor shall promptly pay, for City's account, all valid
bills and charges for material, labor or otherwise in connection
with or arising out of the construction of the structure by
Contractor, as set forth in this Agreement, subject to the City's
performance of its obligations under this Agreement.
Should any liens or claims of liens be filed or recorded
against the City and/or the Property, as a result of a breach of
the foregoing covenant, Contractor shall within ten (10) days of
written demand by the City or the Property owner, either pay and
discharge the same and cause the same to be released of record,
or shall furnish a surety bond in an amount of as least 125% of
the contested line. The bond shall be obtained from a surety
that is different that the surety issuing the performance and
labor and material bonds.
Section 48. Contractor's Qualifications
The Contractor must have a minimum of five (5) years
- 21
existence as an ongoing business enterprise in the field covered
in the proposal. If a Contractor has been in business for less
than five (5) years, comparable experience of Contractor's
owner(s) or responsible managing employee(s) may be substituted.
A joint venture or similar temporary organization, or a firm
established only for this project, would not be qualified.
The Contractor, has never failed to satisfactorily complete a
contract awarded to him, except as follows:
Section 49. Contractor's License Notice
The Contractor must possess a valid licensed in accordance
with the law under the provisions of Division III, Chapter 9, of
the Business and Professions Code of the State of California
during the entire project. Contractor is also required by law to
be licensed and regulated by the Contractor's State License
Board. Any questions concerning a contractor may be referred to
Register, Contractor's State License Board, 9835 Goethe Road,
Sacramento, California. Mailing address: P.O. Box 26000,
Sacramento, California 95826. The undersigned is licensed in
accordance with an Act providing for the Registration of
Contractors, License No. B®665299.
Section 50. Hazardous Materials
City recognizes that Contractor is a construction firm, with
no experience in detecting or remediating hazardous materials (as
such term is defined in any Federal, state and/or local law,
ordinance, regulation or interpretive case) and that the
Contractor is not the "operator" of the project or Property. If
after the commencement of the project, any hazardous materials
are discovered at the Property, Contractor shall be entitled to
immediately stop its work in the affected areas, and Contractor
shall report the condition to the City, and, if required by
applicable law, to any appropriate governmental agency.
Contractor shall not be obligated to perform any work relating to
or in any area containing hazardous materials without further
written agreement. All remediation measures shall be the sole
responsibility of the Property owner(s), and shall be performed
in a manner minimizing any adverse effect upon the work of
Contractor.
- 22 -
Section 51. Early Occupancy
If the City or any tenant of the Property requests occupancy
of the structure before Contractor has completed its work, the
City will hold Contractor harmless from all disruption, delay, or
interference with the progress of Contractor work that may occur
as a result of such early occupancy, and will indemnify
Contractor and save it harmless from all claims, liability, loss
and expense, including attorney's fees, asserted or incurred as a
result of the activities of City or tenant or their agency,
contractors, employees or subcontractors or persons acting under
them including delay, interference, personal injury, bodily
injury, and property damage. The City shall not indemnify
Contractor for claims, loss or expense caused by the sole fault
or negligence of Contractor.
Section 52. Amendment
All changes or modifications to this Agreement shall be in a
writing stating that it is an amendment to this Agreement and
shall be signed by both parties or their duly authorized agents.
This Contract shall not be modified through course of dealing,
usage or trade.
Section 53. Benefit of Agreement
This Agreement shall bind and benefit the parties hereto
and
their heirs, successors, and permitted assigns.
Section 54. Waiver
Any waiver at any time by either party of its rights with
respect to a default under this Agreement, or with respect to any
other matters arising in connection with this Agreement, shall
not be deemed a waiver with respect to subsequent default or
other matter.
Section 55. Entire Agreement
This Agreement constitutes the complete and final
expression of the agreement of the parties and is intended as a
complete and exclusive statement of the terms of their
agreements and supersedes all prior and contemporaneous offers,
promises, representations, negotiations, discussions,
communications and agreements which may have been made in
connection with the subject matter hereof. All exhibits are
incorporated by reference. Doble represents that in entering
into this Agreement, it has not relied on any previous
representations or understandings of any kind or nature.
- 23 -
IN WITNESS WHEREOF the parties hereto have executed this
Agreement or caused it to be executed as of the day, month and
year first above written.
ATTEST:
By
Bruce V. Malkenhorst, City Cler
APPROVED AS TO FORM:
By
EDUARDO OLIVO, City Attorney
CITY OF VERNON
By
Leonis C. Malburg, Mayor
CONTRACTOR
Name
By
Title
By
Title
NOTE: The legal name of the bidder shall be set forth above. If
the bidder is a corporation, two signatures are required, as
follows: (1) the chairman of the board, the president, or any
vice-president, and (2) the secretary, any assistant secretary,
the chief financial officer, or any assistant treasurer. If the
bidder is a limited liability company, signatures are required of
two members or managers unless otherwise provided in the
company's articles of organization. If the bidder is a
partnership, signatures are required of the partner or partners
authorized to sign contracts on behalf of the partnership.
- 24 -
E. BOND FORMS AND INSURANCE REQUIREMENTS
Contractor shall furnish a Workers' Compensation
Certificate in substantially the form shown herein and shall give
both a Performance Bond and a Labor and Material Payment Bond on
the forms enclosed herewith. A Sample Letter of Credit is also
enclosed as a guide for a bidder's security.
The Insurance Schedule shall be followed and insurance
coverage provided in the types and amounts shown. Since the
standard certificate of insurance by its terms does not
constitute proof of insurance, as indicated on the Insurance
Schedule either a copy of the policy or a notarized letter from
the insurance underwriter or carrier verifying the coverage is
required.
Time is of the essence of this contract, and so the
insurance schedule must be promptly submitted to an authorized
insurance agent. Since an insurance endorsement providing
coverage for this contract is required, it is advisable to
provide a copy of this contract to the insurance agent.
- 25 -
WORKERS' COMPENSATION
CERTIFICATE
The undersigned is aware of the provisions of Section 3700
of the Labor Code which requires 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
will comply with such provisions before commencing the
performance of this Contract.
CONTRACTOR
Name
Dated
By
Title
By
Title
NOTE: The legal name of the bidder shall be set forth above. If
the bidder is a corporation, two signatures are required, as
follows: (1) the chairman of the board, the president, or any
vice-president, and (2) the secretary, any assistant secretary,
the chief financial officer, or any assistant treasurer. If the
bidder is a limited liability company, signatures are required of
two members or managers unless otherwise provided in the
company's articles of organization. If the bidder is a
partnership, signatures are required of the partner or partners
authorized to sign contracts on behalf of the partnership.
Workers' Compensation Certificate -
1
- 26 -
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City Council of the City of Vernon, a municipal
corporation, by action on the day of 2002,
has awarded to
hereinafter designated as the "Principal", the contract
for
in Los Angeles County, California; and
WHEREAS, said Principal is required under the terms of said
Contract to furnish a bond for the faithful performance of said
Contract;
NOW, THEREFORE, we, the Principal and
, as Surety, are held
firmly bound unto the CITY OF VERNON hereinafter called the
"Obligee," in the penal sum of
DOLLARS($ )
lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally and
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the
abovebounden Principal, his heirs, executors, administrators,
successors or assigns shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions, and
agreements in said Contract, and any alteration thereof made as
therein provided, on his part to be kept and performed at the time
and in the manner therein specified, and in all respects according
to their true intent and meaning, and shall indemnify and save
harmless the Obligee, its officers and agents, as therein
stipulated, this obligation shall become null and void; otherwise
it shall be and remain in full force and virtue. And the said
Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition to the terms of
the Contract, or to the work to be performed thereunder, or the
specifications accompanying the same, shall in any way affect its
obligation on this bond, and it does thereby waive notice of any
such change, extension of time, alteration or addition to the terms
of the Contract, or to the work or to the specifications, and said
Surety agrees that in case suit is brought on this bond, Surety
will pay City's reasonable Attorney's fees to be fixed by the
court.
Performance Bond - 1
IN WITNESS WHEREOF, three (3) identical counterparts of this
instrument, each of which shall for all purposes be deemed an
original hereof, have been duly executed by the Principal and
Surety above named, on the day of 2002.
Name
(Attach Acknowledgment) By
Name
0
M
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
(Principal)
(Surety)
(Attorney -in -fact)
Performance Bond- 2
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City Council of the CITY OF VERNON, a municipal
corporation, by action on the
awarded to
day of
hereinafter designated as the "Principal," Contract
2002, has
for in
Los Angeles County, California; and
WHEREAS said Principal is required to furnish a bond in
connection with said Contract providing that if said Principal or
any of his subcontractors shall fail to pay for any materials,
provisions, provender, or other supplies, or teams used in, upon,
for or about the performance of the work contracted to be done, or
for any work or labor done thereon of any kind, or for amounts due
under the Unemployment Insurance Act, the Surety on this bond will
pay the same to the extent hereinafter set forth.
NOW, THEREFORE, we, the Principal and
as Surety, are held and
firmly bound unto the CITY OF VERNON in the penal sum of
DOLLARS
($ ), lawful money of the United States of America, for
the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said
Principal, his subcontractors, heirs, executors, administrators,
successors, or assigns, shall fail to pay for any materials,
provisions, provender or other supplies or teams used in, upon, for
or about the performance of the work contracted to be done, or for
work or labor thereon of any kind, or fail to pay any of the
persons named in California Civil Code Section 3181, or amounts due
under the Unemployment Insurance Code with respect to work or labor
performed by any such claimant, or for any amounts required to be
deducted, withheld, and paid over to the Franchise Tax Board from
the wages of employees of the Contractor and his subcontractors
pursuant to Section 18663 of the Revenue and Taxation Code with
respect to such work and labor, and all other applicable laws of
the State of California and rules and regulations of its agencies,
then said Surety will pay the same in or to an amount not exceeding
the amount hereinabove set forth, and also will pay, in case suit
is brought upon this bond, such reasonable attorneys' fees as shall
be fixed by the court, pursuant to Section 3181 of the California
Civil Code.
Labor and Material Payment Bond - 1
This bond shall inure to the benefit of any of the persons
named in Section 3181 of the California Civil Code, so as to give a
right of action to them or their assigns in any suit brought upon
this bond, and the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the Contract, or the work
to be performed thereunder, or the specifications accompanying the
same, shall in any way affect its obligation on this bond, and it
does hereby waive notice of any such change, extension of time,
alteration, or addition to the terms of the Contract, or to the
work or to the specifications.
IN WITNESS WHEREOF, three (3) identical counterparts of this
instrument each of which shall for all purposes be deemed an
original thereof, have been duly executed by the Principal and
Surety above named on the day of
2002.
Name
(Principal)
(Attach Acknowledgment)
By
Name
By
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
(Surety)
(Attorney -in -fact)
Labor and Material Bond - 2
CONTRACTOR'S ACKNOWLEDGEMENT OF
INSURANCE REQUIREMENTS
The Contractor acknowledges that the Insurance Schedule
contained herein has been reviewed, that a copy thereof has been
submitted to an authorized insurance agent or broker, and that the
proofs of insurance required therein will be submitted within
thirty (30) days after notification of the acceptance of the
Contractor's bid.
The Contractor understands that the Contract will not be
executed by the City of Vernon until all proofs of insurance have
been received and approved as to form by the City Attorney.
The Contractor agrees that failure to submit the required
proofs of insurance within said thirty (30) days shall constitute
grounds at the City's discretion for awarding the Contract to the
next lowest bidder and for forfeiting the Contractor's bid bond.
Date:
Contractor
LIM
Title:
INSURANCE SCHEDULE (CONTRACTOR)
The Contractor shall provide proof of insurance, including a
standard certificate of insurance, in at least the following
amounts and coverage (combined single limit permitted):
I• Coverage and Limits
Bodily Injury Property Damage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles
$
500,000
$1,000,000 $ 500,000
Hired Automobiles
$
500,000
$1,000,000 $ 500,000
Non -Owned Automobiles
$
500,000
$1,000,000 $ 500,000
Workers' Compensation
$
Statutory
Employers' Liability
$1,000,000 per
employer
II. General Liability
Premises Operations
$1,000,000
$5,000,000
$1,000,000
Elevators
(if applicable)
$1,000,000
$5,000,000
$1,000,000
Independent
Contractors
$1,000,000
$5,000,000
$1,000,000
Products - Completed
Operations
$1,000,000
$5,000,000
$1,000,000
Contract Liability
$1,000,000
$5,000,000
$1,000,000
Umbrella Liability
$1,000,000
$1,000,000
$1,000,000
a. The general liability policy shall contain the following
special endorsements that shall be noted on or attached to the
standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers,
and employees as insureds under the policy.
2. An endorsement providing the City of Vernon thirty (30)
days notice of cancellation or material reduction of
coverage.
3. An endorsement providing coverage for all operations under
the City of Vernon Contract for this project.
4. Such other endorsement as may be required by addendum
hereto.
b. In addition to the standard certificate of insurance, proof of
general and umbrella liability coverage shall be furnished in
the form checked below.
X For each policy, a notarized letter from the underwriter
or carrier certifying that the coverage and statements in
the standard certificate of insurance (attached thereto)
are true and correct and that the signator is an officer
authorized to so certify.
A copy of each policy certified by an officer of the
underwriter or carrier and notarized.
PROOF OF INSURANCE
APPROVAL AS TO FORM
The proofs of the following insurance coverage have been
received and approved as to form:
(1) Broad Form Contractual Liability.
(2) Automobile Liability.
(3) Worker's Compensation.
(4) Employer's Liability.
(5) General Liability.
(6) Umbrella Liability.
Dated:
EDUARDO OLIVO
City Attorney
INSURANCE FORM LETTER
(To be issued on insurance carrier letterhead)
Date: S
A
City Clerk M
City of Vernon P
4305 Santa Fe Avenue L
Vernon, CA 90058 E
Re: Insurance for City of
Vernon
(description of permit or Contract)
Policy
Number(s)
Named Insured:
City Clerk:
I hereby certify that the certificate of insurance attached
hereto and made a part hereof by reference truly and accurately
represents the above cited insurance policies and the insurance
coverage of each for the named insured issued by
(insurance carrier).
The City of Vernon, its officers, and employees are included
in said policies as additional insureds and the City of Vernon will
be provided with thirty (30) days written notice of cancellation or
material reduction of coverage.
I certify that I am an officer of the insurance carrier named
herein and that I am authorized to sign this certificate on behalf
of said insurance carrier.
Signature
Title
(Notary)
(BANK OR SAVINGS AND LOAN ASSOCIATION LETTERHEAD)
Date: S
r:I
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
M
P
L
E
IRREVOCABLE LETTER OF CREDIT
Contract
Gentlemen:
Please consider this letter as an Irrevocable Letter of Credit
pledging that * in
the amount of $ is/are deposited and guaranteed to
insure the Contractor's faithful performance under Contract No. 565
in lieu of withholding any funds due the Contractor under progress
payments. In compliance with Part 5 (commencing with Section
22300) of Division 2 of the California Public Contract Code, we
agree that the funds or other securities designated by this
instrument shall become trust funds for the purposes set forth in
this instrument. This instrument shall terminate upon formal
acceptance by the City Council of the City of Vernon of the work
performed by the Contractor under said Contract.
Any claims under this Irrevocable Letter of Credit shall be
presented in the following manner:
The City's written statement, signed by the Director of
Community Services, certifying that there has been
loss, damage or liability resulting from the
Contractor's duties and obligations under Contract, or
from negligence, act or omission of the Contractor, its
agents, servants and employees (such statement to be
substantiated by an attached detailed report) in the
amount of the accompanying sight draft on us and that
the amount of this draft is therefore now due and
payable.
The above statement will be all that is required to certify the
amount set forth under this Irrevocable Letter of Credit, dated
this date, is due and payable to the City of Vernon pursuant to
the above -stated contract for
Association)
(Name of Bank or Savings and Loan
ME
5
President
Secretary
ALL SIGNATURES MUST BE NOTARIZED
Attach proper jurats
• Securities as listed in Section 16430 of the Government Code,
or bank or savings and loan certificates of deposit.
EXHIBIT A
562 869 1883
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P. 01
C.E.G CONSTRUCTION
PICO RIVERA, CALIFORNIA
PROJECT,. Two Story Office Building
December 4, 2001
Estimated By
ADDRESS: 3375 Slauson Avenue
Jeff Shanholtzer
CITY: Vomon, CA
ESTIMATED
BUDGET
SPEC,
NO. SUIT -TRADE
AMOUNT
1 -ro-* PROJECT GENERALRE5U1REMF,.NTS
1061043,,88383
2 2-015 GRADE STAKING
3,760
3 2.070 SELECTIVk DEMOLITION
56,326
4 2-200 EARTHWORK
1,490
5 2.-270 EROSION CONTROL
64,729
6 2-510 ASPHALT PAVING
75,779
7 2-u70 SI'fC- CONCRETE
1,176
0 2-5110 PAVEMENT MARKING & BUMPERS
7,500
9 2-730 SEWER CONNEC•fION (ALLOWANCE)
35,000
10 2-a40 WROUGHT IRON FENCE & GATES
700
11 2-8G5 $I i'E FURNISHING/BIKE RACK
59,266
12 2-010 LANDSCAPE and IRRIGATION
35,900
13 3-210 REINFORCING STEEL
40,000
14 3-310 1-112" LT WT CONCRETE DECKING
184,200
15 3-460 TILT -UP - GENERAL
113,000
1G 5-120 STRUCTURAliMISCELANEOUS STEEL
192,600
17 6-115 MaZANINL• FRAMING
79,000
18 0-170 PANCLIZED ROOF STRUCTURE
1,390
619,400
19 7-200 INSULATION & R-19 UNDER ROOF INSULATION
20 7-510 BUILT -UN ROOFING
5,970
2.1 7.620 SKEET METAL FLASHING & TRIM
3,250
22 7.920 SEALANTS and CAULKING
20,200
23 8-210 WOOD DOORS & FRAMES
4,200
24 8-360 ROLLUP DOORS
49,840
25 8-810 C+l.AS5 & STOREFRONT
122A96
26 9-250 DRYWALL
32
27 9-310 CERAMIC WALL & FLOOR TILE
51,415
28 9.510 ACOUSTICAL CEILING
24,096
29 U-000 PAINTING INTERIOR & EXTERIOR
30 10-e00 TOILET & BATH ACCESSORIES
5,900
31 11-161 DOCK BUMPERS
1,220
,5
11
32 1.1-240 HYDRAULIC ELEVATORS 2500 LBS 1$000 LBS
33 15-300 FIRE PROTECTION
5
59,,50
34 15-400 PLUM14ING
25000
214,700
35 15-500 HVAC
2
3G 16-100 ELECTRICAL
,
,600
37 20-030 SURVEY
3
30 20-060 GEOLOGICAL SOIL RFPORT
,00
39 21.010 PROCESSING AND COORDINATION
3,000
40 21-020 ARCHITECTURAL DESIGN
4,00
41 2t-025 CIVIL ENGINEERING
8 ,500
42 21-030 STRUCTURAL ENGINEERING
15,500
10,300
43 21.040 MECHANICAL ENGINEERING
50
12,85
44 21-045 ELECTRICAL ENGINEERING
45 21-050 LANDSCAPE ARCHITECTURE
,
159,155
46 22-010 PROJECT SUPERVISION
SUBTOTAL
2,407,304
INSURANCE
26,263
MARK -UPI FEE;
219.021
-TOfA-L MSE lil N
2,652,5
IBIT
EXHIBIT B
562 869 1883
SEP-04-2002 WED 03:33 PM OLIVO & PLASCENCIA ` ' ` FAX NO. 562 869 1883 P. 02
Exhibit "B"
C.E.G. Construction
Proposal Qualifications
For Building Shell & T.1.
Project: 3375 SWison Avenue Vernon, CA
Dm:a1her 4, 2001
'Mis is based on site plan dated 10/15/01 provided By O.C. Engineering,
Grade Staking:
Approxamently 77,666 SF, Coordinate control plan, rough grade stakes and saw cut ivies, building pad and
parking, blue trips, building pad certification, building corner stakes, curb and gutter stakes, sewer line
I
takes, electrical transformer st:rkos, trash enclosure stakes, wall stakes, and final grade certification.
Selective Demo:
Saw cut break and feIII0VC al)proxamcntly 1,250 SF city sidewalk for new driveway approach.
Nat thwork:
Construct approxanrcntly 20,000 SF building pad, perform all earthwork, and grading to.,clher with
miscellaneous removals, clear & grub site, nuiss overexeavation (site & bldg, pact) cuts & fills, prepare
project by imporlinglexporting materials to achieve proper grade elevations, materials to be compacted to
optimmu density, rough grade site and building had to +/_ 1 /10 th ft., cut and grade for parking lot, planters,
curbs aird gutters, backtill exterior building wails.
Erosion Control:
Furnish and place erosiou control poly birdseye sandbags (2) high at required locations per plan.
Asphalt Paying Work:
Approxarn(:ntly 39,230 SF of asphalt paving, includes applying weed killer, fine grade site area to receive
3" asphalt concrere paving over 4" of class 17 base, roll to compact, and I slot patch of asphalt at new drive
approach.
Site Concrete:
C>nc new driveway approach approxamently 400 SR
Approxamantly 850 Sr new city sidewalk, curb, gutter.
Approxaniently 360 Sr- 6" trash enclosure slab.
Approxamently 1,600 LF 6" type A planter curb approx.
Approxamently 4,184 SP 4" path of travel around building with enbanccd front entrance slab,
Concrew tiuck well.
Concrete tnic1C dock.
lease's for exterior light standards.
P.weutent Kirkhigs and AumpLrs:
Allowance 3% ol'A.C. Paving, furnish and install all parking bumpers, parkbir, stall striping, fire lane
imi-kings, marked handicapped stalls (striping, markings, signs, paths of travel signs).
Sewer Connection:
Allow;mce for connecting sewer lateral in the street.
Wrought iron Fetrce & Gates:
Wmught iron fence approxamently 8' x 730 LF.
562 869 1883
SER-04-2002 WED 03:34 PM OLIVO & PLASCENCIA ' ' ' FAX NO. 562 869 1883 P. 03
Site burnishing/!like Rack:
One (10) stall bike rack.
Landscape and Irrigation:
Approxantcntly 14,000 SF of miscellaneous foliage, trees, shrubs, grass and required irrigation.
Reinforclog Steel:
Furnish, f<<bricate and tic all deformed concrete reinforcing for foundations, slab on grade, tilt -up walls,
trash enclusnre.
Concrete Decking:
Approxamently 20,000 Sr, of poured i n place [-1/2" Ughtweight concrete slab at mezzanine floor, includes
forming, place and finish.
Tilt -Up.
Approxammntly 20,000 SF building shell includes, forming, place and finish of concrete for foundations,
slab, walls, and erection of walls.
Strnctur:ll114liscellujlenus ;steel:
LICI( ics all UgUircd columns and beams for roof franwlg, mezzanine framing, curtain wall framing, trash
gatus, shop coat printer, templates, and anchor bolts, ledger angles and splice plates, doorjamb guards,
embeds, angle cord ties, wall railings, guard railing, structural steel canopy and interior roll -up door
columns, rain gutters, steel stairs, hand railings, pipe bollards, sliect metal decking for mezzanine, hardware
and fold welding relawd to this scope of work.
Palletized Rnoliug:
Approxalnently 20,000 SF panelized roofing, includes all glu-lam beams, purling, sub-purlins, framed air
conditioning openings, roof hatch opening, roof blocking, plywood sheathing, catalog hardware, wood to
wood connections and furnish embedded catalog hardware, tics and related welding.
Insulation;
First floor: l.)nflccd Matt, insulation -- exterior walls.
Second floor: Unfaced Batt. Insulation -- exterior walls.
Below Roof (lrrfaeed Hatt. Insulation R-19.
Ruilt-111) Rooting:
Approxamently 20,000 SF 4 ply Class A built-up roofing system and sbs modified flashing, autistic all
flashing and pl'otrttsions.
Sheet Metal Flashing & Trial:
Approxamently 4001.E Sheet metal flashing & trim.
Rouf Access Hatch 30" x 3'-0.
Over flow scuppers.
Sealant 43: Caulking:
All Non rated and fire rated concrete panel expansion joints.
Wood floor and Frame:
(1 R) Doors and frames ground floor.
(13) Doors and liwrics second floor,
atoll -fitly D�yorr
(1) 24 Gage heavy duty R ' x 12' roll -up door.
(3) 24 Gaec Heavy duty 8' x 12' roll -up doors in warehouse
562 869 1883
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Glam & Storefront:
Clear anodized finished ahrminum storefront windows, curtain wall assembly at main entrance, panel
railing at muzzanitle, doors and sidelights,'/4" tempered glass, (color to be selected by owner), baskets,
hardware, weather-stripping, MS lock with cylinder, cylinder guard and lock indicator, threshold, and door
pulls, ovcncvad eoaccaled closures.
Drywall ► otal Studs:
Inelrlrles metal sled framing, f ypsuun wallboard, taping, sanding, and finish.
first floor:
barred walls at perimeters. Approxamently 591 LF
Interior walls, Approxamently 1,339 LF
Ceiling lids at fire corridor and restrooms. Approxamently 4,080 SF
Second floor:
Furred walls ,tt peritnerers. Approxamently 591 LF
Interior walls. Approxim ently 1019 LF
Ceiling lids at fire corridor and restrooms. Approxamently 3,564 SF
Ceramic wall & Floor File:
Ceramic floor & wall tiling at (4) restrooms 44" above finish floor.
Painting:
Prepare, prime and finish paint all exterior concrete walls, all interior drywall, office/mezzanine drywall
build out, and doors, handrailiags, trash enclosure and gates, pipe bollarde, exterior side of rollup door, all
paint is to be Dunn Uwards.
Toilet & Bathroom Access -
Four restroor,i5 with toilet accessories and partitions.
Mck Bumpers -
Heavy Davy duty laminated ntbber dock burnpers at all truck positions.
Hydraulic Elevators:
One (1) service car, electric hydraulic control, 5000 pound capacity and one (1) passenger car, electric
hydraulic control, 2,500 pound capacity, 100 feel per minute, two (2) stops, two (2) openings in lice, # 4
swinless steel entrance doors and frames, D.C. powered with "infrared" multi -beam LAMBDA Non-
cowact door reversal device, car enclosure steel framed shell with wood canopy, vertical plastic laminated
raised panels at rear and side walls, # 4 stainless steel car front return, car door and rear handrails,
aluminum eggcrate suspended ceiling, alurnutum car sill, single speed exhaust fan, emergency car lighting,
braille mirkingi, telephone cabinet and wiring, certificate frame, one (1) "advanced" car operating panel,
Dil;ital car position indicator, in -car direction lantern, car atl'ival gonlg, special features included
independent service, sill support angles, earthquake restraints/seismic design per code, frrw»an's service as
n;quirrd by code, LI/I, wiriq, U/L labeled entrances, pad hooks, ADA approved telephone, solid state soft
start.
Dive Sprinkle System:
40,000 SF of .33/2000 first floor and second floor, includes engineered drawings for automatic fire
sprinkler system, underground fire service main including excavation and properly backftlled, compacted
m ot)tinluurr density, control valve riser assemblies con)pletc with flow switch, drain valve and gauge
assenihly, sprinkler heads, od ice, backilow prevention device, post 'indicator valves, fire department
connection, detactor cheek valve, seismic bracing, PVC inspectors test drain discharge line to face of curb,
(2) on -site: fire hydrant and sprinkler system at loading dock & T I. drops .
562 869 1883
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I'lumbing:
Sewer underground approxamently 300'L.F.
Domestic water undergromid approxarnonrly 300' LF.
Rou;;h in Future approxamently 1S0'LF.
Roof Drains.
Vcrtt pipes.
Floor drains.
Sump rump at loading clock.
Fixture and (2) Water floater.
Floor cloan oist, pressure regulator & backflow device.
Condensation line for A/C.
(2) Drinking fomminv.
II-V.A.(;:
100 lons of air conditioning and heating; per specification of Karnal' s Iskander & Associates Inc
Electrical:
Provide all required Electrical, including: Primary & secondary service, Main service — 1200 snip, 277/480
volt, or similar for new building, phone conduit, elevator hook-up, gear package, grounding, slab box, all
cmduit, wire, pim-1+, and transformers, exit signs, area switches. Provide all required electrical, including:
lighting and CUJ1VCoie11Ce recGplarle circuits as required ilr accordance with office layout and plan, provide
all required line voltage and disconnect for I1VAC equipment. Exterior light poles and exterior building
lights, hook-up for sump pump, dock lighting and (1) keyless access system at front entrance.
General Requirements"
Contractor to provide all work as detailed in the attached EXHIBIT "A" for the set fee as listed, in
accordance with terms as expressed for provided Allowances, Final costs contingent upon the completion
ol'planning and die development of detailed project specifications.
Exclusiotts.,
Standard excltlsrons:
a. Design and installatioir of emergency alarm system.
b. Hazardous material abatement.
c. Building plan check or pennits.
C' C'oulity & City fees, assessments, permits, testing & inspections.
f. Allowances for scope changers beyond The present definition such as special equipment not
listed oc changes in materials, quantities or quality.
g. Removal of underground obstructions such as rocks, unknowing foundations, tanks, utilities,
etc.
h. Liquidated damages
i. fife insurance and builder's all risk insurance (including earthquake and flood).
J. Cost to provide general contractor's performance and payment bonds. (General Contractor is
bondable).
lc. Local fees and assessments as might be imposed stteh as sewerage facilities charges, city
occupaliotlal tax, fees to fund fire hydrants and water improvements.
1. Firu monitoring or burglar alarm systems.
m. All pipes or substraetures of any kind (Teleplrone/elcctrical poles, water meters, traffic
sigimis, valves, fire hydrants) shown or not shown withut the right-of-way limits or in
adjacent areas where thn improvement work is to be done shall be billed to the owner as a
reimbursable.
4
562 869 1883
SEF=04- 002 WED 03:35 PM OLIUO & PLASCENCIA ` ' PAX NO, 562 869 1883 `P. 06
2. �prcificd rxclusions;
a. Build out orindividual future offices.
C onstnmLion (:ontrnt7
C:onslructiolt ccalitract will be a Standard C.E.G. l'ariu of agreement.
PREPARED IIY:
Jeff' Shanholtxor, LstilliatU)V/C.F?.G.COnstl-action
Phone; (562) 948-4850 — exi 215 VAX: (562) 948-4456
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA,_,' l
Mayor Pro—Tem�
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES \
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 S T FE AVENqE, VERNOIS, CALIFORNIA 90058
T'H NE (323) 5 3-8811
$ gust 22, 2002
i
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
v�
Since 1998, the City's Redevelopment Agency had actively pursued the
implementation of a Business Technology Development Center (BTDC). On
June 19, 2002, this legislative body approved that the development of
the proposed Center no longer be a Redevelopment Agency Project and
that the BTDC be pursued under the administration of the City. At
this time it is necessary that the construction services for the
construction of the proposed Center be retained. This has been
reviewed by the City Attorney and it is hereby recommended that an
agreement with Chalmers Corporation d.b.a. CEG Construction for the
construction of the Center at an approximate cost of $2,850,000.00
including tax and building permit fees, be approved and executed.
V ry truly yours,
V, lot
Bruce V. Malkenhorst�
City Administrator/City Clerk
BVM/gm
CITY ADMINISTRATOR/CTTY CLERK'S Oe10E4
�
INTER -OFFICE MEMORANDUM
DATE: August 7, 2002
TO: Eduardo Olivo, City Attorney
ROM: Bruce V. Malkenhorst, City Administrator/City Clerk
RE: Business & Technology Development Center
3373 Slauson Avenue
Vernon, CA
Dear Eddie:
Attached hereto is an agreement for construction with CHALMERS
CORPORATION d.b.a. CEG Construction. As you are they are the
contractor that staff has been working with in conjunction with
the preliminary design stage for the proposed business &
technology development center.
At this time it is necessary to move forward with the project.
I would like you to review the proposed agreement and make any
necessary changes. I would very much like to get present this
to the city council at their next meeting so your immediate
attention to this matter is greatly appreciated.
Thank you for your attention to this matter.
P.S. Please keep in mind it was previously approved by the
City Council that the project will no longer be a Redevelopment
Agency project but will be handled by the City. When will the
city be ready to transfer/purchase the property from the
agency?
cc: G. Tsujiuchi
K. Wilson
/gjo
AGREEMENT
THIS AGREEMENT (this "Agreement") is made this 7th day of August, 2002
between a ("Owner"),
h
w ose address is
and CHALMERS CORPORATION, a California corporation d.b.a.
("Contractor"), California Contractor's License No B-665299,
7901 Crossway Drive, Pico Rivera, California 90660.
C.E.G. Construction
whose address is
In consideration of the covenants and agreements herein contained, and for
Other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties hereto agree as follows:
1. DESCRIPTION OF WORK
Owner agrees to sign, file and record within two (2) days after receipt of
all outstanding unconditional lien releases from Contractor and any Contractor
agrees to construct and complete in a good workmanlike and Substantial manner,
upon the real property hereinafter described, furnishing or causing to be
furnished all labor, materials, tools and equipment to construct, utilizing its
own employees and/or subcontractors to construct a two story concrete reinforced
tilt -up building approximately 40,000 sq. ft as per the attached itemized
breakdown and as additionally described in Exhibit "A" and "B" attached hereto
and by this reference incorporated herein (hereinafter called the "structure",
with the terms "project" and "work" sometimes being utilized in this Agreement
to refer to Contractor's work on and construction of the structure and related
site work), upon a parcel of real property commonly known as 3375 Slauson Avenue
Vernon, CA.
2. CONTRACT DOCUMENTS
The work is to be completed in substantial conformance with plans drawn by
O.C. Engineering dated 10/15/01 Sheet A=1, A-2, A-3, C-1 & C-2
In the event of any inconsistency or conflict between the provisions of any
agreements, plans and specifications, etc., prepared and/or executed with
respect to this Agreement, change orders and written amendments to this
Agreement executed by both parties shall prevail over this Agreement, which
shall prevail over the approved plans and specifications, which shall prevail
over any other written reports and documents in existence as of the date of this
Agreement.
The work is also to be completed in compliance with all applicable laws,
ordinances, rules and regulations of competent public authority.
3. CONTRACT AMOUNT
In consideration of the covenants and agreements hereunder, Owner agrees
to pay to Contractor the sum of TWO MILLION SIX HUNDRED FIFTY-TWO THOUSAND FIVE
HUNDRED EIGHTY-EIGHT DOLLARS ($2,652,588.00)(as same may be adjusted, the
"contract price") in accordance with paragraph 4 below, subject to adjustment in
accordance with the provisions of paragraph 10 and paragraph 26 below. In
addition, and not as part of the contract price, Owner shall, immediately upon
Contractor's request, pay (either directly to the party, agency or entity
identified by Contractor, or to Contractor to reimburse Contractor for amounts
advanced for the benefit of Owner or the project, as Contractor may specify) for
all grading, demolition, building and other permits, bonds, plan check fees,
utility company fees, fire department connection fees, school tax fees, sewer
connection fees, concrete testing and inspector fees, deputy inspection fees,
soil and other inspections, taxes and all other fees and assessments charged or
levied against or with respect to the project, the structure, work and/or the
Property, and shall promptly pay any fees and charges made or imposed by any
public utility or public authority as payment for or reimbursement of the cost
of providing sewers, drainage structures, streets, sidewalks and other
utilities, improvements and similar facilities. To the extent any such amounts
are advanced by Contractor, Owner shall reimburse them within five (5) days of
the earlier of Contractor's demand or date of written invoice, without
retainage.
4. PAYMENT PROCEDURE AND FINAL PAYMENT
During the term of this Agreement, Contractor shall submit invoices to the
Owner not more frequently than every two- (2) weeks. Prior to starting the Work
Contractor shall submit an invoice for ten percent of the contract price.
Subsequent invoices shall be based upon the schedules of values attached as
Exhibit "A" and by this reference incorporated herein. Invoices shall indicate
the percentage of completion of each portion of the work for which payment is
sought. The percentage indicated shall include materials utilized and/or
procured. Invoices shall be submitted based on value of the percentage of
completion per the line item breakdown. Payments shall be made by Owner to
Contractor within ten (10) days from the date of each invoice, with a five
percent (5%) retention withheld until the substantial completion of the
structure. Once the work is substantially completed, and lien releases have
been provided to Owner or its construction lender by Contractor or its
subcontractors, final payment, consisting of the unpaid balance of the contract
price, shall be immediately due and payable, along with any and all retained
amounts from progress payments (but subject to five percent (5%) retainage from
the final payment amount for outstanding punch list items, which retainage shall
be immediately paid to Contractor upon completion of such items).
If Owner fails to pay Contractor any amount when due hereunder, Contractor
may, at any time thereafter, serve a written notice to Owner that the work will
be stopped within (5) days after the date of such notice period, and after such
notice, in addition to all of its other rights and remedies hereunder, stop the
work until payment of all amounts owing have been received by Contractor.
Payments due but unpaid shall bear interest from the date due until paid at the
lesser of the "prime rate" published on the date upon which the payment (s)
becomes delinquent, as set forth in the Western Edition of The Wall Street
Journal, plus four percent (4%), or the highest amount allowed by law.
The concept of "substantial completion" shall mean that stage of
completion which occurs on the earlier of the date when possession of the
structure is taken by Owner or any tenant, or when the work remaining to be
completed is of such character as to not prevent reasonable use and occupancy of
the structure.
S. TIME OF COMMENCEMENT AND COMPLETION
This Agreement shall become effective upon execution of this agreement by
both parties. Contractor agrees to commence construction hereunder promptly
after issuance of all building and other permits with respect to the Property
and the structure and to prosecute the work thereafter diligently to completion,
and in any and all events to substantially complete the structure within
220 calendar days after the receipt of all building permits needed for the
project, all subject to paragraph 11 below.
2/
6. EXCLUSIONS
The following items are additional to and separate from the work to be
provided by Contractor as part of the contract price under this Agreement, but
may be performed by Contractor for an agreed upon additional fee at the request
of Owner:
(a) Consultations, negotiations and preparation of documentation supporting the
procurement of project financing.
(b) Consultations and services other than normal assistance in procuring
building permits and/or appearing before governmental authorities in connection
with the project.
(c) Interior design, including procurement and placement of furniture,
furnishings, artwork and decorations.
(d) Design, coordination, management and other services supporting the
procurement of telephone systems, computer wiring networks, any alarms, security
systems and other special systems, which are not a part of this Agreement.
(e) Soils inspections.
(f) Offsite improvements beyond the matters specified in the contract
documents.
(g) services requested by Owner which are not normally part of generally
accepted construction practice.
(h) Hazardous material abatement.
(i) Building plan check, permits and fees.
M County and City fees, assessments, permits, testing & inspections.
(k) Removal of underground obstruction such as rocks, unknowing foundations,
tanks, utilities, etc.
(1) Liquidated damages.
(m) Fire insurance and builder's all risk insurance (including earthquake and
flood) .
(n) Cost to provide general contractor's performance and payment bonds.
(General Contractor is Bondable).
(o) Local fees and assessments as might be imposed such as sewerage facilities
charges, city occupational tax, fees to fund fire hydrants and water
improvements.
(p) All pipes or substructures of any kind (Telephone/electrical poles, water
meters, traffic signals, valves, fire hydrants) shown or not shown within
the right-of-way limits or in adjacent areas where the improvement work is
to be done shall be billed to the owner as a reimbursable.
(q) Utility fees or charges.
(r) Deputy inspection fees.
3
(s) City taxes and license fees.
(t) Plan duplication.
7. CONTRACTOR'S FINANCIAL RESPONSIBILITY
Contractor shall promptly pay, for Owner's account, all valid bills and
charges for material, labor or otherwise in connection with or arising out of
the construction of the structure by Contractor, as set forth in this Agreement,
subject to Owner's performance of its obligations under this Agreement.
Should any liens or claims of liens be filed or recorded against the
Property as a result of a breach of the foregoing covenant, Contractor shall
within ten (10) days of written demand by Owner either pay and discharge the
same and cause the same to be released of record, or shall furnish a surety bond
in an amount equal to at least of the amount of the contested lien.
8. OWNER'S RESPONSIBILITIES
Owner shall designate a representative who shall at all times be fully
informed with respect to the project and who shall have authority to approve
changes in the scope of the work and the project, render decisions promptly and
furnish information expeditiously and in time to enable Contractor to meet the
time schedule set forth in paragraph 5. Owner's representative shall be
9. PLANS AND SPECIFICATIONS
The plans and specifications and other contract documents are intended to
supplement each other, so that any work described in one or more and not
mentioned in another are to be executed the same as if they were mentioned and
set forth in each, except if the context requires otherwise.
10. CHANGES IN SCOPE OF WORK AND COMPLETION
Should Owner at any time during the progress of the work request any
modifications, alterations or deviations in, or additions to, this Agreement or
the plans or specifications, it shall be at liberty to do so, and the same shall
in no way make void this Agreement, but the cost of the item (s) subject to
change (and agreed to by Contractor) shall be added to the contract price and
shall be paid to the Contractor, based upon the cost of labor and materials for
such change, as estimated by Contractor, plus (a) six percent (6%) of such cost
for supervision, and (b) nine percent (9t) of the combined supervision labor and
materials for Contractor's profit. Payments for such extra work shall be made
concurrently with or in the same manner as the other payments made under
paragraph 4 of this Agreement.
The work under this Agreement shall be deemed completed when the project
is finished in accordance with the original agreed -upon plans and
specifications, as amended or modified by such changes, and changes required by
any applicable government agency.
Upon the demand of either Owner or Contractor, the character and cost of
the proposed or required changes or extra work shall be fixed in writing, and
4
signed by Owner and Contractor, prior to performance; provided, however, that
Contractor shall not be deemed to have waived any right to compensation for
extra work if the same is not provided in writing (it being understood that the
parties shall cooperate in order to execute written confirmations of oral change
orders). Should Owner request the omission of any work, the cost of the labor
and materials omitted (as estimated by Contractor) Shall be subtracted from the
balance of the contract price at the time of Owner's request in writing with no
allowance deducted for overhead and profit of Contractor. Such reductions in the
contract price shall be limited to the reduction in cost to Contractor resulting
from the deleted work. Changed work required by governmental agencies or
entities, latent, concealed or subsurface physical conditions which were not
reasonably anticipated as of the date of this Agreement and/or mistakes or
deficiencies in any plans or specifications prepared by any architect or
engineer retained by Owner shall result in an increase in the contract price by
change order (in the amount of the additional labor, materials, supervision and
profit attributable to the change in question) promptly after the work is
required or condition or mistake or deficiency is detected. Similarly,
additional work performed by Contractor due to emergency circumstances shall be
the subject of change orders and increases in the contract price.
11. DELAYS
The Contractor shall be excused for any delay in completion of the work
caused by acts of God, acts or omissions of Owner or Owner's agents which
interferes with Contractor's ability to work, stormy weather, wet soil
conditions, extra work requested by Owner, acts of public utilities, public
bodies or inspectors, failure of Owner to timely make progress and/or other
payments or other contingencies beyond the reasonable control of Contractor.
12. RESPONSIBILITY FOR DAMAGE
The Contractor shall not be responsible for any damage occasioned by the
negligent acts of Owner or Owner's agents, acts of God, earthquake, or other
causes beyond the control of the Contractor, unless otherwise herein
specifically provided. If Owner becomes aware of any error, omission or failure
to meet the requirements of the contract documents or any fault or defect in the
work, Owner shall give prompt written notice thereof to Contractor.
13. OWNER'S ACCEPTANCE OF WORK
When Contractor claims that the work has been substantially completed,
Owner and Contractor shall inspect the structure and prepare a punch list
identifying any remaining items to be completed per the plans and
specifications. The final retainage shall be due upon completion of the items
on said list, as specified in paragraph 4. In making the final payment under
this Agreement (subject to punch list items), Owner shall be deemed to have
waived all rights and claims against Contractor except with respect to
outstanding liens, improper workmanship or defective materials appearing within
one (1) year after the substantial completion of the structure, or the
provisions of any special warranties provided in writing by Contractor.
14. NOTICE OF COMPLETION
subcontractors, and the completion and acceptance of the work, a notice of
completion.
If Owner fails to so record a notice of completion, upon the occurrence of
all the events set forth above, then Owner hereby appoints Contractor as Owner's
agent and/or attorney -in -fact to sign and record a notice of completion on
behalf of Owner.
15. INSURANCE
Contractor will procure, at its own expense and before the commencement of
work hereunder, general liability insurance with a minimum limit per occurrence
of $5,000,000. Such policy shall provide for Owner to be named as an additional
insured. In addition, Contractor will carry workers' compensation insurance for
the protection of Contractor's employees during the progress of the work. Owner
shall procure and maintain at its own expense, effective prior to the
commencement of any work hereunder, fire and casualty insurance, with course of
construction, all physical loss and vandalism, and malicious mischief clauses
attached, with such insurance to be in a sum equal to not less than the greater
of one hundred percent (100%) of the insurable value of the improvements at the
time of any loss, or the contract price, with such insurance naming Owner and
Contractor, as their interests may appear. Such insurance shall insure against
loss from the perils of fire and extended coverage, and shall include "all-risk"
insurance for physical loss or damage, including theft, vandalism, malicious
mischief, collapse, flood, earthquake and damage resulting from defective
design, workmanship or material. Owner shall be responsible for any deductibles.
Owner shall also procure and maintain boiler and machinery insurance, as may be
reasonably necessary, insuring the interests of Owner and Contractor. Should
Owner fail to procure any such insurance, Contractor may procure such insurance,
as agent for Owner (without any obligation to do so), Owner shall immediately
upon demand reimburse Contractor for all costs and expenses related thereto.
Owner assumes all risks covered by standard builder's all-risk insurance policy
with respect to all improvements.
Owner and Contractor hereby waive, and at all times will waive, all rights
against each other and their respective employees, agents, consultants,
subcontractors and sub -subcontractors, for damages caused by risks covered by
the insurance provided under this paragraph, except such rights as they may have
to the proceeds of such insurance. If the policies of insurance referred to in
this paragraph require an endorsement to provide for continued coverage where
there is a waiver of subrogation, the owners of such policies will cause them to
be so endorsed.
16. HAZARDOUS MATERIALS
Owner recognizes that Contractor is a construction firm, with no
experience in detecting or remediating hazardous materials (as such term is
defined in any federal, state and/or local law, ordinance, regulation or
interpretive case) and that the Contractor is not the "operator" of the project
of Property.. If after the commencement of the project, any hazardous materials
are discovered at the Property, Contractor shall be entitled to immediately stop
its work in the affected area, and Contractor shall report the condition to
Owner, and, if required by applicable law, to any appropriate governmental
agency. Contractor shall not be obligated to perform any work relating to or in
any area containing hazardous materials without further written agreement. All
remediation measures shall be the sole responsibility of Owner, and shall be
performed in a manner minimizing any adverse effect upon the work of Contractor.
If Contractor incurs additional costs and/or is delayed due to the presence of
hazardous materials, Contractor shall be entitled to an equitable increase in
the contract price, and a delay in the scheduled date of completion of the
G
project. To the fullest extent allowed by law, Owner shall indemnify, defend
and hold harmless Contractor and its agents, officers, directors and employees,
from and against any and all claims, damages, losses, costs and expenses,
whether direct, indirect or consequential, including but not limited to
attorney's fees, costs and expenses incurred, arising out of or relating to any
hazardous materials at the Property, regardless of the fault negligence or
liability
of the indemnitee.
17. TERMINATION
In addition to any remedy set forth in this Agreement, Contractor may
terminate the work upon seven (7) days' prior written notice to Owner, in the
event that the work has been stopped for a thirty (30) day period through no
fault or act of Contractor, if Owner materially delays Contractor or any
subcontractor in the performance of the work, and/or if Owner otherwise
materially breaches this Agreement. Upon any such termination by Contractor,
Contractor shall be entitled to recover from Owner payment for all work executed
and for any additional loss, cost or expense in connection with the work,
including, without limitation, for labor and materials previously ordered, plus
all lost profit and overhead, demobilization costs and the cost of renting or
purchasing any equipment procured in connection with this project. In addition,
and in any event, Contractor shall be entitled to pursue any and all rights and
remedies available at law or equity for breach of this Agreement by Owner.
18. EARLY OCCUPANCY
If Owner or any tenant requests occupancy of the structure before
Contractor has completed its work, Owner will hold Contractor harmless from all
disruption, delay, or interference with the progress of Contractor work that may
occur as a result of such early occupancy, and will indemnify Contractor and
save it harmless from all claims, liability, loss and expense, including
attorney's fees, asserted or incurred as a result of the activities of Owner or
tenant of their agents, contractors, employees or subcontractors or persons
acting under them including delay, interference, personal injury, bodily injury,
and property damage. Owner shall not indemnify Contractor for claims,
liability, loss or expense caused by the sole fault or negligence of Contractor.
19. ATTORNEY'S FEES
The prevailing party in any action or proceeding to enforce the terms
shall be entitled to recover from the other party attorneys' and consultants'
fees and costs incurred, in addition to any other remedy granted.
20. ARBITRATION
Any dispute arising out of or related to the performance of the work or
the interpretation of this contract, shall be decided by arbitration in
accordance with the Construction Industry Rules of the American Arbitration
Association, and judgment may be entered on the award. Any architect,
consultants, subcontractors, sub -subcontractors, suppliers, and construction
lenders will all be bound by this arbitration clause and will participate in the
arbitration proceedings if they have signed a document that incorporates or
refers to this arbitration clause.
7
The arbitrator will award reasonable attorney's fees to the prevailing
party or parties. All parties will allow all other parties to inspect and copy
their job records, and such other books and records as may be ordered by the
arbitrator. The arbitrator may award any form of interlocutory and permanent
relief that could be awarded by a court. Any party, without waiving the right
to arbitrate the controversy, may apply to a court of competent jurisdiction for
provisional relief, writs, attachments or injunctions that may not be available
in arbitration.
21. CLEANUP
Upon the completion of the work Contractor agrees to remove all debris and
surplus materials from its work at the Property (including the structure) and
leave the Property in a neat and orderly condition.
22. ASSIGNMENT
Assignment of this Agreement by either party without the written consent
of the other party is prohibited. However, in the event of such an assignment,
whether consented to or not, the assignee of this Agreement by such assignment
shall become obligated under the terms of this Agreement to perform all the
duties of the assignor. This assumption of duties, however, shall not relieve
the assignor of any of the assignor's duties under this Agreement. The
obligations of the assignor and assignee shall be joint and several.
23. GUARANTEE
Contractor hereby warrants and guarantees the work performed by it
hereunder for a period of one year from and after the date that the project is
substantially completed against defects in workmanship and/or materials.
Contractor will promptly correct and remedy any defects occurring during the
warranty period without cost or expense to Owner, except to the extent resulting
from the acts or omissions of Owner or its employees, invitees or
representatives, or third parties.
24. SUPPLEMENTAL DOCUMENTS
This Agreement is based upon and is subject to the terms and conditions of
the documents and other items expressly referred to herein. Said documents are
hereby incorporated as a part of this Agreement.
25. RIGHT TO APPROVE FINANCIAL ARRANGEMENTS
Before commencement of the work, owner shall disclose to contractor its
arrangements for financing payments required under this contract. Contractor
will have no obligation to commence work until satisfied that such financial
arrangements are reasonably adequate to assure payment of the contract price.
Owner agrees that if special requirements are imposed on Contractor to receive
payments due under this Agreement, such as being required to submit vouchers
through a bank or a disbursement company for payment or payment of
subcontractors or suppliers, a one percent fee shall be added to the contract
price.
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26. CONTRACTOR'S LICENSE NOTICE
Contractors are required by law to be licensed and regulated by
Contractors' State License Board. any questions concerning a contractor may be
referred to the Register, Contractors' State License Board, 9835 Goethe Road,
Sacramento, California. Mailing address: P.O. Box 26000, Sacramento,
California 95826
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
Owner:
By:
(DATE)
Its:
Contractor: Chalmers Corporation dba. C.E.G. Construction
By:
Mr. Tracy John Chalmers (DATE)
Its:
President
.61
C.E.G CONSTRUCTION
PICO RIVERA, CALIFORNIA Exhibit "A"
PROJECT: Two Story Office Building
August 7, 2002
Estimated By
ADDRESS: 3375 Slauson Avenue
Jeff Shanholtzer
CITY: Vernon, CA
ESTIMATED
SPEC.
BUDGET
NO. SUB -TRADE
AMOUNT
1 1-005 PROJECT GENERAL REQUIREMENTS
106,104
2 2-015 GRADE STAKING
3,883
3 2-070 SELECTIVE DEMOLITION
3,750
4 2-200 EARTHWORK
56.326
5 2-270 EROSION CONTROL
1,490
6 2-510 ASPHALT PAVING
64,729
7 2-570 SITE CONCRETE
75,779
8 2-580 PAVEMENT MARKING & BUMPERS
1,176
9 2-730 SEWER CONNECTION (ALLOWANCE)
7,500
10 2-840 WROUGHT IRON FENCE & GATES
35.000
11 2-865 SITE FURNISHING/BIKE RACK
700
12 2-910 LANDSCAPE and IRRIGATION
39,266
13 3-210 REINFORCING STEEL
100,900
14 3-310 1-1/2" LT WT CONCRETE DECKING
40.000
15 3A60 TILT -UP - GENERAL
184,200
16 5-120 STRUCTURAUMISCELANEOUS STEEL
113,090
17 6-115 MEZZANINE FRAMING
192.600
18 6-170 PANELIZED ROOF STRUCTURE
79,000
19 7-200 INSULATION & R-19 UNDER ROOF INSULATION
61,390
20 7-510 BUILT-UP ROOFING
19,400
21 7-620 SHEET METAL FLASHING & TRIM
5,970
22 7-920 SEALANTS and CAULKING
3,250
23 8-210 WOOD DOORS & FRAMES
20,290
24 8-360 ROLLUP DOORS
4,200
25 8-810 GLASS & STOREFRONT
49,840
26 9-250 DRYWALL
122.496
27 9-310 CERAMIC WALL & FLOOR TILE
36,432
28 9-510 ACOUSTICAL CEILING
51,415
29 9-900 PAINTING INTERIOR & EXTERIOR
24,096
30 10-800 TOILET & BATH ACCESSORIES
5.900
31 11-161 DOCK BUMPERS
1,220
32 14-240 HYDRAULIC ELEVATORS 2500 LBS / 5000 LBS
113,250
33 15-300 FIRE PROTECTION
75.757
34 15-400 PLUMBING
59,550
35 15-500 HVAC
225,000
36 16-100 ELECTRICAL
149.700
37 20-030 SURVEY
2,800
38 20-060 GEOLOGICAL SOIL REPORT
3,800
39 21-010 PROCESSING AND COORDINATION
3,000
40 21-020 ARCHITECTURAL DESIGN
47,000
41 21-025 CIVIL ENGINEERING
8,500
42 21-030 STRUCTURAL ENGINEERING
15.500
43 21-040 MECHANICAL ENGINEERING
16,300
44 21-045 ELECTRICAL ENGINEERING
13,750
45 21-050 LANDSCAPE ARCHITECTURE
2.850
46 22-010 PROJECT SUPERVISION
159.155
SUBTOTAL
2,407, 304
INSURANCE
26,263
MARK-UP/ FEE:
219,021
TOTAL BASE BID AMOUNT
2,652,588
Exhibit "B"
C.E.G. Construction
Proposal Qualifications
For Building Shell & T.I.
Project:3375 Slauson Avenue Vernon, CA
August 7, 2002
This is based on site plan dated 10/15/01 provided By O.C. Engineering.
Grade Staking:
Approximately 77,666 SF, Coordinate control plan, rough grade stakes and saw cut lines, building pad and
parking blue tops, building pad certification, building corner stakes, curb and gutter stakes, sewer line
stakes, electrical transformer stakes, trash enclosure stakes, wall stakes, and final grade certification.
Selective Demo:
Saw cut break and remove Approximately 1,250 SF city sidewalk for new driveway approach.
Earthwork:
Construct Approximately 20,000 SF building pad, perform all earthwork, and grading together with
miscellaneous removals, clear & grub site, mass overexcavation (site & bldg. pad) cuts & fills, prepare
project by importing/exporting materials to achieve proper grade elevations, materials to be compacted to
optimum density, rough grade site and building pad to +/- 1/10 th ft., cut and grade for parking lot, planters,
curbs and gutters, backfill exterior building walls.
Erosion Control:
Furnish and place erosion control poly birdseye sandbags (2) high at required locations per plan.
Asphalt Paving Work:
Approximately 39,230 SF of asphalt paving, includes applying weed killer, fine grade site area to receive
3" asphalt concrete paving over 4" of class 11 base, roll to compact, and P slot patch of asphalt at new drive
approach.
Site Concrete:
One new driveway approach Approximately 400 SF.
Approximately 850 SF new city sidewalk, curb, gutter.
Approximately 360 SF 6" trash enclosure slab.
Approximately 1,600 LF 6" type A planter curb approx.
Approximately 4,184 SF 4" path of travel around building with enhanced front entrance slab.
Concrete truck well.
Concrete truck dock.
Bases for exterior light standards.
Pavement Markings and Bumpers:
Allowance 3% of A.C. Paving, furnish and install all parking bumpers, parking stall striping, fire lane
markings, marked handicapped stalls (striping, markings, signs, paths of travel signs).
Sewer Connection:
Allowance for connecting sewer lateral in the street.
Wrought Iron Fence & Gates:
Wrought iron fence Approximately 8' x 736 LF.
Site Furnishing/Bike Rack:
One (10) stall bike rack.
Landscape and Irrigation:
Approximately 14,000 SF of miscellaneous foliage, trees, shrubs, grass and required irrigation.
Reinforcing Steel:
Furnish, fabricate and tie all deformed concrete reinforcing for foundations, slab on grade, tilt -up walls
trash enclosure.
Concrete Decking:
Approximately 20,000 SF of poured in placel-1/2" lightweight concrete slab at mezzanine floor, includes
forming, place and finish.
Tilt -Up:
Approximately 20,000 SF building shell includes, forming, place and finish of concrete for foundations
slab, walls, and erection of walls.
Structural/Miscellaneous Steel:
Includes all required columns and beams for roof framing, mezzanine framing, curtain wall framing, trash
gates, shop coat primer, templates, and anchor bolts, ledger angles and splice plates, door jamb guards,
embeds, angle cord ties, wall railings, guard railing, structural steel canopy and interior roll -up door
columns, rain gutters, steel stairs, hand railings, pipe bollards, sheet metal decking for mezzanine, hardware
and field welding related to this scope of work.
Panelized Roofing:
Approximately 20,000 SF panelized roofing, includes all glu-lam beams, purlins; sub-purlins, framed air
conditioning openings, roof hatch opening, roof blocking, plywood sheathing, catalog hardware, wood to
wood connections and furnish embedded catalog hardware, ties and related welding.
Insulation:
First floor: Unfaced Batt. Insulation — exterior walls.
Second floor: Unfaced Batt. Insulation — exterior walls.
Below Roof Unfaced Batt. Insulation R-I9.
Built-up Roofing:
Approximately 20,000 SF 4 ply Class A built-up roofing system and sbs modified flashing, mastic all
flashing and protrusions.
Sheet Metal Flashing & Trim:
Approximately 400 LF Sheet metal flashing & trim.
Roof Access Hatch 30" x 3'-0.
Over flow scuppers.
Sealant & Caulking:
All Non rated and fire rated concrete panel expansion joints.
Wood Door and Frame:
(18) Doors and frames ground floor.
(13) Doors and frames second floor.
Roll -Up Door:
(1) 24 Gauge heavy duty 8 ' x 12' roll -up door.
(3) 24 Gauge heavy duty 8' x 12' roll -up doors in warehouse
Glass & Storefront:
Clear anodized finished aluminum storefront windows, curtain wall assembly at main entrance, panel
railing at mezzanine, doors and sidelights,''/<" tempered glass, (color to be selected by owner), gaskets,
hardware, weather-stripping, MS lock with cylinder, cylinder guard and lock indicator, threshold, and door
pulls, overhead concealed closures.
Drywall & Metal Studs:
Includes metal stud framing, gypsum wallboard, taping, sanding, and finish.
First floor:
Furred walls at perimeters. Approximately 591 LF
Interior walls. Approximately 1,339 LF
Ceiling lids at fire corridor and restrooms. Approximately 4,080 SF
Second floor:
Furred walls at perimeters. Approximately 591 LF
Interior walls. Approximately 1,019 LF
Ceiling lids at fire corridor and restrooms. Approximately 3,564 SF
Ceramic Wall & Floor Tile:
Ceramic floor & wall tiling at (4) restrooms 44" above finish floor.
Acoustical Ceiling Tile:
Install white 2X4 Donn tee -bar and non -directional fissured lay -in ceiling tiles mezzanine and first floor
areas as per site plan along with installing seismic wiring using 3/4" conduit compression posts.
Painting:
Prepare, prime and finish paint all exterior concrete walls, all interior drywall, office/mezzanine drywall
build out, and doors, handrailings, trash enclosure and gates, pipe bollards, exterior side of rollup door, all
paint is to be Dunn Edwards.
Toilet & Bathroom Access:
Four restrooms with toilet accessories and partitions.
Dock Bumpers:
Heavy duty laminated rubber dock bumpers at all truck positions.
Hydraulic Elevators:
One (1) service car, electric hydraulic control, 5000 pound capacity and one (1) passenger car, electric
hydraulic control, 2,500 pound capacity, 100 feet per minute, two (2) stops, two (2) openings in line, # 4
stainless steel entrance doors and frames, D.C. powered with "infrared" multi -beam LAMBDA Non -
contact door reversal device, car enclosure steel framed shell with wood canopy, vertical plastic laminated
raised panels at rear and side walls, # 4 stainless steel car front return, car door and rear handrails,
aluminum eggcrate suspended ceiling, aluminum car sill, single speed exhaust fan, emergency car lighting,
braille markings, telephone cabinet and wiring, certificate frame, one (1) "advanced" car operating panel,
Digital car position indicator, in -car direction lantern, car arrival gong, special features included
independent service, sill support angles, earthquake restraints/seismic design per code, fireman's service.as
required by code, U/L wiring, U/L labeled entrances, pad hooks, ADA approved telephone, solid state soft
start.
Fire Sprinkle System:
40,000 SF of .33/2000 first floor and second floor, includes engineered drawings for automatic fire
sprinkler system, underground fire service main including excavation and properly backfrlled, compacted
to optimum density, control valve riser assemblies complete with flow switch, drain valve and gauge
assembly, sprinkler heads, orifice, backflow prevention device, post indicator valves, fire department
connection, detector check valve, seismic bracing, PVC inspectors test drain discharge line to face of curb,
(2) on -site fire hydrant and sprinkler system at loading dock & T.I. drops .
Plumbing:
Sewer underground Approximately 300'LF.
Domestic water underground Approximately 300' LF
Rough in Future Approximately 180'LF.
Roof Drains.
Vent pipes.
Floor drains.
Sump pump at loading dock.
Fixture and (2) Water Heater.
Floor clean out, pressure regulator & backflow device
Condensation line for A/C.
(2) Drinking fountains.
H.V.A.C:
100 tons of air conditioning and heating; per specification of Kamal' s Iskander & Associates Inc
Electrical:
Provide all required Electrical, including: Primary & secondary service, Main service — 1200 amp, 277/480
volt, or similar for new building, elevator hook-up, gear package, grounding, slab box, all conduit, wire,
panels, and transformers, exit signs, area switches. Provide all required electrical, including: lighting and
convenience receptacle circuits as required in accordance with office layout and plan, provide all required
line voltage and disconnect for HVAC equipment. Exterior light poles and exterior building lights, hook-up
for sump pump, dock lighting and (1) keyless access system at front entrance.
General Requirements:
Contractor to provide all work as detailed in the attached EXHIBIT "A" for the set fee as listed, in
accordance with terms as expressed for provided Allowances, Final costs contingent upon the completion
of planning and the development of detailed project specifications.
Exclusions:
Standard exclusions:
a. Design and installation of emergency alarm system.
b. Hazardous material abatement.
c. Building plan check or permits.
e. County & City fees, assessments, permits, testing & inspections.
f. Allowances for scope changes beyond the present definition such as special equipment not
listed or changes in materials, quantities or quality.
g. Removal of underground obstructions such as rocks, unknowing foundations, tanks, utilities,
etc.
h. Liquidated damages
i. Fire insurance and builder's all risk insurance (including earthquake and flood).
j. Cost to provide general contractor's performance and payment bonds. (General Contractor is
bondable).
k. Local fees and assessments as might be imposed such as sewerage facilities charges, city
occupational tax, fees to fund fire hydrants and water improvements.
1. Fire monitoring or burglar alarm systems.
m. All pipes or substructures of any kind (Telephone/electrical poles, water meters, traffic
signals, valves, fire hydrants) shown or not shown within the right-of-way limits or in
4
adjacent areas where the improvement work is to be done shall be billed to the owner as a
reimbursable.
2. Specified exclusions:
a. Build out of individual future offices
b. Flooring
c. Electrical Distribution per tenant requirments
d. Reception Desk/Millwork
e. Refrigerator and Appliances
f. Data, Computer and Telephone Wiring
Construction Contract:
Construction contract will be a Standard C.E.G. form of agreement.
PREPARED BY:
Jeff Shanholtzer, Estimator/C.E.G.Construction
Phone: (562) 948-4850 — ext 215 FAX: (562) 948-4456
adjacent areas where the improvement work is to be done shall be billed to the owner as a
reimbursable.
2. Specified exclusions:
a. Build out of individual future offices
b. Flooring
c. Electrical Distribution per tenant requirments
d. Reception Desk/Millwork
e. Refrigerator and Appliances
f Data, Computer and Telephone Wiring
Construction Contract:
Construction contract will be a Standard C.E.G. form of agreement.
PREPARED BY:
Jeff Shanholtzer, Estimator/C.E.G.Construction
Phone: (562) 948-4850 — ext 215 FAX: (562) 948-4456