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SECTION 3
CONTRACT AGREEMENT AND INSURANCE
For WEST -COM COMMUNICATIONS CENTER ADDITION, in the City of Seal Beach.
THIS AGREEMENT, made and entered into this 8th day of April , 1997, by and
between the City of Seal Beach, California, hereinafter referred to as the "City," Party of the
First Part, and MeridianiJPacif is const hereinafter designated as the "Contractor,"
Party of the Second Part.
WITNESSETH: That the Parties do hereto mutually agree as
follows:
ARTICLE I. For and in consideration of the payments and agreements hereinafter
mentioned to be made and performed by said City, the Contractor agrees with said City to
WEST -COM COMMUNICATIONS CENTER ADDITION, Seal Beach Project No. 767, and
to perform and complete in a good and workmanlike manner all the work pertaining thereto
shown on the drawings and described in the Specifications, therefore, to furnish at his own
proper cost and expense all tools, equipment, labor and materials necessary therefore
(except those materials expressly noted as to be furnished by the City), and to do
everything required by this Agreement and the said Specifications and Drawings.
ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant,
temporary works or structures, tools and equipment and doing all the work contemplated
and embraced in this Agreement, also for all loss and damage arising out of the nature of
the work aforesaid, or from the action of the elements, or from any unforeseen difficulties
which may arise or be encountered in the prosecution of the work until its acceptance by
said City, and for all risks of every description connected with the work; also for all
expenses incurred by or in consequence of the suspension or discontinuance of work;
except such as in the said Specifications are expressly stipulated to be borne by the said
•
City and faithfully completing the work and the whole thereof, in the manner shown and
described in the said Drawings and Specifications and in accordance with the requirements
of the Engineer, said City will pay and the Contractor shall receive in full compensation,
therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of
' the Proposal.
ARTICLE III. The City hereby promises and agrees with said Contractor to employ and
does hereby employ said Contractor to provide the materials and to do the work according
to the terms and conditions herein contained and referred to for the price aforesaid, and
hereby contracts to pay the same, at the time, in the manner and upon the conditions set
forth in the Specifications, and the said parties for themselves, their heirs, executors,
administrators, successors and assigns, do hereby agree to the full performance of the
covenants herein contained.
C -1
y • •
ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the
• Drawings mentioned therein, and all addenda issued by the city with respect to the
foregoing prior to the opening of bids, are hereby incorporated in and made a part of this
Agreement.
ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage
Rates is hereby specifically referred to and by this reference is made a part of this contract.
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid of proposal of said contractor, then
this instrument shall control and nothing herein shall be considered as an acceptance of
the said terms of said proposal conflicting herewith.
ARTICLE VI. By my signature hereunder, as Contractor, I certify that I am aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured .
against liability for workmen's compensation or to undertake self- insurance in accordance
with the provisions of that code, and I will comply with such provisions before commencing
the performance of the work of this contract.
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF SEAL BEACH, CALIFORNIA
Party of th First Part ® �,
BY /2 �'
City Manager
A EST:
/ L ME1. r � :��� IC CONSTRUCTION
� ty Clerk BY , &
Contractor - Party of the Second Part
Owner
Title
3403 Calle Sin Rival
Address
San Clemente CA 92673 -3821
C -2
•
• •
•
SECTION 2
PROPOSAL
FOR
COM -WEST COMMUNICATIONS
CENTER ADDITION
IN THE CITY OF SEAL BEACH
PROJECT NO. 767
FISCAL YEAR 1996 -1997
To the Com -West Board of Directors
c/o City of Seal Beach
Seal Beach, CA 90740
Directors:
The undersigned declares that he has carefully examined the location of proposed
work, and he has examined the plans, specifications, and contract documents and
hereby agrees to furnish all labor, materials, equipment, tools, transportation and
services to do all work required for COM -WEST COMMUNICATIONS CENTER
ADDITION, Project No. 767 , for the City of Seal Beach, in the City of Seal
Beach, California, in strict conformity with the plans and specifications at the
following price prepared by the City Engineer.
The undersigned understands that the Com -West Board of Directors will select the
construction alternative that best fits budgeted funds and that the award of a
contract will be based upon the lowest responsible bid for that selected alternative.
B -1
} • •
SCHEDULE ALTERNATIVE BIDS
Alt. Item Estimated Unit Extended
No. Description Quantity Price Amount
•
ALTERNATIVE BIDS / �/ /
1) Construct Com-West Communications Center Addition 1 LS 11 9 "r0 U //g `�'0 0
with Option 1(partial access flooring)and
with Option 3 (bronze tint, 1/4"glazing)
Complete in place per the plans, specifications,
and these special provisions
Cr-0 J19
2) Construct Com-West Communications Center Addition 1 LS /345-5-u�.— 1.36 500
with Option 2(total access flooring)and
with Option 4 (level III glazing)
Complete in place per the plans, specifications,
and these special provisions
3) Construct Corn-West Communications Center Addition 1 LS Jag% OD O. laig (rot,
with Option 2(total access flooring)and
with Option 3 (bronze tint, 1/4" glazing)
Complete in place per the plans, specifications,
and these special provisions
4) Construct Com-West Communications Center Addition 1 LS A Z1 6�. D° l2S 04)2 6 Mt,
with Option 1(partial access flooring) and
with Option 4 (level III glazing)
Complete in place per the plans, specifications,
and these special provisions
TOTAL AMOUNT OFALTERNATIVE BIDS IN WORDS
1) 0714-2444-411-e2- eti-Q
°_
2)
i
4) —' _ i.
I /
B -1A
• •
The undersigned, if awarded the contract, intends to subcontract certain portions of
said contract in accordance with the following schedule:
NAME OF PORTION OF WORK TO
SUBCONTRACTOR LOCATION OF OFFICE BE SUBCONTRACTED
, a6n;7rm
W P trilyi, Vwt fob rota P#'ti Q PL13Itn,a2Y w,oc,L,572rL 5tvos
Qgktpvg §-Lgc 'ic) '.. POLUattv _ ztC1 vc4L
J nuphi !o1?ist 10101401rto/rh ORAb4oe A1046
6 RatiTos
in4 Anal }I gaiiwb 606 Srag. 110 1-1,14,C
Los Ator‘rt;S
SF1� Iv CLh55 1llo1 AA ea (/24 -4c _1-462ruejZtVpwYPN, 15 4P1A :5
(61701.0i0tS; �Mc P014 DivCnpivC tiMpv 'flil fltb�/�fk�i
-9) p YL gat;NG3
The undersigned bidder hereby represents as follows:
That this bid is made without connection with any person, firm, or corporation making a bid
for the same work, and is in all respects fair, and without collusion or fraud.
MERIDIAN PACIFIC CONSTRUCTION 3/13/97
Corhp ny Na - Date
v Owner 308965
Signatu a and Title Contractor's License No.
A-1 B-1
License Classification
3403 Calle Sin Rival San Clemente CA 714-369-0125 Fax 714-369-0114
Business Address 92673 Telephone Number
Receipt of Addendum Nos. _, _, are hereby acknowledged.
B-2
r •
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets may be
attached, if necessary.
1. List at least three projects completed as of recent date:
•
Contract Class of Date
Owners
Amount Work
Completed • Owner Phone No.L
Mr. Al aBrie
0
•
00 . 00 g-1 Asst. City Eng. '
5/94City of Monterey Park 818-307_1321
Henderson
80 , 000 . 00 B-1 2/95 CSULA Mr. Dan Alfred
213-343_3436
100, 000 . 00 B-1 5/94 VA Hospital Steve Cove11310-494-5534
Lori Longden/Dave Nelson 714-254-
20 , 000 . 00 A-1 6/94 City of Anaheim
5126
2. Number of years' experience as a Contractor in this type of work: 21
3. If requested by the City, the bidder shall furnish a notarized financial statement,
financial data, or other information and reference sufficiently comprehensive to
permit an appraisal of his current financial conditions.
B-3 I
American Motorit Insurance Compa, hempen
nan
rams ®
BOND: #3SM 777 321 00
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That we, MERIDIAN PACIFIC CONSTRUCTION, as
Principal, and the AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing
under the laws of-the State of ILLINOIS, and authorized to do business in the State of California as Surety,
are held and firmly bound unto CITY OF SEAL BEACH as Obligee, in the sum of 10% of the total amount
bid not to exceed THIRTY THOUSAND & NO/100ths ($30,000.00) DOLLARS, lawful money of the United
States of America, to the payment of which sum well and truly to be made, the Principal and Surety bind
themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally
by these presents.
The condition of this obligation is such, that, if the Obligee shall make,any award to the Principal for :
COM WEST COMMUNICATION CENTER ADDITION
Bid Date : 03-13-97
According to the terms of the proposal or bid made by the Principal therefore and the Principal shall duly made
and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall
give bond for the faithful performance thereof, with the AMERICAN MOTORISTS INSURANCE COMPANY,
as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so
to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the
penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and
effect.
SIGNED, SEAL'n; DATED: March 5, 1997
M N ',CIF CON TRUCTION American Motorists Insurance Company
/4 (Principal) / (Surety)
By: By: L/.A. ..!.-,
icha i E. I undiff Atte In.Fact
.c.
i
DIRECT CORRESPONDENCE TO :
L. LOU JONES&ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041
J PHONE(213)257-8291 •FAX(213)256-7218
Bid Bond-10-19-96.dot
CALIFORNIA ALL "PURPOSE ACKNOWLEDGMiT
State of California
County of Orange
On MAR - 5 1997 before me, Kim Nguyen, Notary Public
NAME,TITLE OF OFFICER
personally appeared Michael E. Cundiff
NAME OF SIGNER
® Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare subscribed to the
within instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized
capacitylies), and that by his/her/their signature(s) on the
i...`i -' ilill� NGUYEN ji instrument the person(s), or the entity upon behalf of
n
comm.!1012642 U'
NOTARY P �����W which the person(s) acted, executed the instrument.
g ORANGE OCALIF j� My Comm. exp. Dec. 30, i997
WITNESS my hand and official seal.
2
(SIGN, . 'E OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
BONDS
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) O LIMITED
-
❑ GENERAL NUMBER OF PAGES
Z ATTORNEY-IN-FACT
O TRUSTEE(S)
O GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company None
SIGNER OTHER THAN NAMED ABOVE
•
American Motorists Insurance Cony !WEIR
• Homa Office: Long Grove, IL 60049 MOMPER nSURaIre
compaees
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, (hereinafter called the"Company") a corporation organized and existing under the laws of
the State of Ilinois,and having its principal office in Long Grove, Illinois,does hereby appoint
Michael E. Cundiff of Orange, California
its true and lawful agent(s) and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of
this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety,and as its act and deed:
Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE
MILLION DOLLARS($1,000,000.00)
EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to
all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long
Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 1997
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company
on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are hereinafter set forth and is hereby certified to by the
undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with
the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on
behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988:
"VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed
with the Secretary,and the signature of the Secretary,the seal of the Company, and certifications by the Secretary, may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to
be valid and binding upon the Company."
In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers,
this January 1, 1994.
Attested and Certified: "in American Motorists Insurance Company
YlCO::O: e 3
-g t Q Y/ 4 S Vale.-P.
Robert P. Hames,Secretary by J. S. Kemper, Ill,Exec.Vice President
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Irene Klewer,a Notary Public,do hereby certify that J. S. Kemper, Ill and Robert P. Hames personally known to me to be the same persons
whose names are respectively as Exec.Vice President and Secretary of the American Motorists Insurance Company,a Corporation organized
and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and
severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument as
the free and voluntary act of said corporation and at their own free and voluntary act for the uses and purposes therein set forth.
"ncFlGAL SEAL ►
4 • ha ens tCla ►
Nvlcr; Ire Slate le a of Illinois ►
111'Ceem6slun Expires tatINIe ►
My commission expires 1-28-98 , - . 'VV�-' Irene Klewer,Notary Public
• •
CERTIFICATION
I. J.K. Conway, Corporate Secretary of the American Motorists Insurance Company,do hereby certify that the attached Power of Attorney
dated January 1, 1994 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and
effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J.S.Kemper, III
and Robert P. Names,who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of
the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the American Motorists Insurance
Company.
IN TESTIMONY WHEREOF, n
I have hereunto subscribed affixed my name and axed the corporate seal of the American Motorists Insurance
Company on this MAR — 5 1997 , 19
/weiwxwe�
yl wora,no�
eari
J. K. Conway,Corporate Secretary
•
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein and they have no authority to bind the Company except in the manner and to the extent herein stated.
•
FM 0362 6-96 _
Power of Attorney-Term - Printed in U.S.A
American Motorit Insurance Compaq Kemveh°�
companies
PREMIUM BASED ON FINAL CONTRACT PRICE
Bond Number : 3SM 891 422 00
Premium : $2,560.00
PUBLIC WORKS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we, Meridian Pacific Construction as Principal, and
American Motorists Insurance.Company, a corporation organized and existing under the laws of the State of
Illinois, authorized to transact Surety business in the State of California as Surety are held and firmly bound unto
City of Seal Beach, as Obligee, in the sum of One Hundred Twenty-Eight Thousand.&NO/100ths DOLLARS
($128,000:00) lawful money of the United States of America, for the payment whereof, well and truly to be
made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and
severally, firmly by these presents.
WHEREAS, the above bounden Principal has been awarded and has entered into a contract dated April, 1997
with said Obligee to do and perform the following work, to wit:
WEST-COM COMMUNICATIONS CENTER ADDITION, SEAL BEACH PROJECT#767
and will more fully appear in contract, reference to which is hereby made.
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden
Principal shall well and truly perform, or cause to be performed, each and all of the requirements and obligations
of said contract this bond shall be null and void, otherwise it shall remain in full force and effect.
SIGNED, SEALED, DATED: April 7, 1997
V Merid'. Pacific Construction American Motorists Insurance Company
(Principal) (Surety)
By: hi _ By: Lt a
Michae, E. Cuncl Fact
ft)'
DIRECT CORRESPONDENCE TO :
LOU JONES&ASSOCIATES, PO BOX 41375,7470 N. FIGUEROA ST., LOS ANGELES,CA 90041
PHONE(213)257-8291 •FAX(213)256-7218
Public Works Performance Bond-07-31-96.dot
CALIFORNIA ALL - tRPOSE ACKNOWLEDGMENT
State of California
County of Orange
On APR - 7 1997 before me, Kim Nguyen, Notary Public
NAME,TITLE OF OFFICER
personally appeared Michael E. Cundiff
NAME OF SIGNER
® Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized
capacitylies), and that by his/her/their signature(s) on the
i r Vci►� GUYEn instrument the person(s), or the entity upon behalf of
ca -: Comm.tiol2E42 c)
8 NOTARY PuBUCCAUWRNLA rl which the personls) acted, executed the instrument.
ORANGE COUNTY
My Comm. Epp, Oec. 30, 499i�
WITNESS my hand and official seal.
n
(SIG RE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
BONDS
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) 0 LIMITED — –'
I] GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
0 TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: —
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
• American Motorists Insurance Company None
SIGNER OTHER THAN NAMED ABOVE
American 1Vlotori Insurance Compa ICeIneeeC a�
M ., mmrames ®.
Bond Number : 3SM 891 422 00
PUBLIC WORKS PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we, Meridian.Pacific,Construction as Principal, and AMERICAN
MOTORISTS INSURANCE COMPANY, an Illinois Corporation authorized to transact.Surety Business in the State of
California-, as Surety,are held and firmly bound unto City of.Seal Beach as Obligee, in the sum of One Hundred Twenty-
Eight Thousand &INO/100ths DOLLARS ($128,000.00) lawful money of the United States of America, for the payment
whereof, well and truly to he made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents. .
WHEREAS, the above bounded Principal has been awarded and has entered into a contract, dated April, 1997, with said
Obligee to do and perform the following work, to wit:
WEST-COM COMMUNICATIONS CENTER ADDITION, SEAL BEACH PROJECT I/767
as will more fully appear in said contract, reference to which is hereby made and,
WHEREAS, said Principal is required by the provisions of Chapter 7, Title 15, Part 4, Division 3 of the Civil code to furnish a
bond in connection with said contract, as hereinafter set forth.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such, That, if said:Principal, his or its heirs, executors.
administrators, successors or assigns or subcontractors, shall fail to pay for any materials, provisions, provender, or other
supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, as required by the provisions of Chapter 7, Title 15, Part 4, Division 3 of the Civil Code, and provided that the
claimant shall have complied with the provisions of said Code, or for any amounts required to be deducted, withheld, and paid
over to the Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to.Section 18806
of the Revenue and Taxation Code, with respect to such work and labor, the Surety hereon will pay for the same in an amount
not exceeding the,sum,specified in this bond; otherwise the above obligation shall he void. In case suit is brought upon this
bond, the said Surety will pay a reasonable attorney's fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181
of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon the bond.
SIGNED,SEALED, DATED: April 7, 1997
f , r'..nPacific Construction American Motorists Insurance Cc rpaay ,
(Principal) / Surety)
By: • _//1 x(
ich.-1 E. Cund ttnrney In F.acf :Hr
II fT
-
DIRECT CORRESPONDENCE TO :
J'. LOU JONES&ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES,CA 90041
PHONE(213)257-8291 •FAX(213)256-7218
Public Works Payment Bond-07-31-96.dot
CALIFORNIA ALL - RPOSE ACKNOWLEDGMENT
PU
State of California
County of Oran2e
On APR - 7 1997 before me, Kim Nguyen, Notary Public
NAME.TITLE OF OFFICER
personally appeared Michael E. Cundiff
NAME OF SIGNER
® Personally known to me OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare subscribed to the
within instrument and acknowledged to me that helshel
they executed the same in hislherltheir authorized
capacity(ies), and that by hislherltheir signaturels) on the
instrument the person(s), or the entity upon behalf of
; a KIM NGUYEN which the person(s) acted, executed the instrument.
r cow 41012642
C) ,F NOTARY AUBLCCALUFORIM a
l • ORANGE COUN7Y
My Corseree.Epp. Cec. 30, 1?f7 WITNESS my hand and official seal.
(SIGNA IRE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
▪ INDIVIDUAL
• CORPORATE OFFICER
BONDS
TITLE(S) TITLE OR TYPE OF DOCUMENT
• PARTNER(S) 0 LIMITED ------ ---
GENERAL NUMBER OF PAGES
® ATTORNEY-IN-FACT
• TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
O OTHER: —
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company None
SIGNER OTHER THAN NAMED ABOVE
•
American Motorists Insurance Corn ny naaitnna
• • • Home Office: Long Grove,IL 60049 IC'mPL'R come
POWER OF ATTORNEY 'Q
Know All Men By These Presents:
That the American Motorists Insurance Company, (hereinafter called the"Company") a corporation organized and existing under the laws of
the State of Ilinois,and having its principal office in Long Grove, Illinois,does hereby appoint
Michael E. Cundiff of Orange, California
its true and lawful agent(s) and attomey(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of
this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE
MILLION DOLLARS ($1,000,000.00)
EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to
all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long
Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31. 1997
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company
on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are hereinafter set forth and is hereby certified to by the
undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with
the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on
behalf of the Company, and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and
other writings,obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988:
"VOTED,That the signature of the Chairman of the Board,the President. any Vice President,or their appointees designated in writing and filed
with the Secretary,and the signature of the Secretary, the seal of the Company, and certifications by the Secretary,may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to
be valid and binding upon the Company."
In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers,
this January 1, 1994.
Attested and Certified: American Motorists Insurance Company
3 iwoa
�/J� YI COap�Me 3 ,/
? r §— P �l Fe ar.s,�
Gies
Robert P. Names,Secretary by J. S. Kemper, Ill, Exec.Vice President
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, Ill and Robert P. Hames personally known to me to be the same persons
whose names are respectively as Exec.Vice President and Secretary of the American Motorists Insurance Company,a Corporation organized
and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and
severally acknowledged that they being thereunto duly authorized signed. sealed with the corporate seal and delivered the said instrument as
the free and voluntary act of said corporaticnand as their own free and voluntary act for the uses and purposes therein set forth.
4 `OFFICIAL SEAL` ► ^
hens Klewer • //
e Molar mission Stale al Illinois ►
my Commission Expires ffffiL ►
•
My commission expires 1=28:93 - Irene Klewer, Notary Public
•
•
CERTIFICATION
I.J.K.Conway, Corporate Secretary of the American Motorists Insurance Company,do hereby certify that the attached Power of Attorney
dated January 1, 1994 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and
effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J.S. Kemper, Ill
and Robert P.Names,who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of
the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the American Motorists Insurance
Company.
IN TESTIMONY WHEREOF,I ave hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance
7
Company on this • APR — 7 1997 , 19 .
tau i..�
raw ( 49 '! C
'°I 6N�
J. K. Conway, Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein and they have no authority to bind the Company except in the manner and to the extent herein stated.
•
FM 0362 6-96
Power of Attorney-Term ,. Printed in U.S.A
• •
SUPPLEMENTARY Sheet 1 of 2
CITY OF SEAL BEACH ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
It is agreed that:
With respect to such insurance as is afforded by the policy for Comprehensive General
Liability, the City of Seal Beach, its officers and employees are additional insureds but only
with respect to liability arising out of operations performed by or on behalf of the named
insured in connection with the contract designated below or ads and omissions of the City
of Seal Beach in connection with its general supervision of such operations. The insurance
afforded said additional insured shall apply as primary insurance and no other insurance
maintained by the City of Seal Beach will be called upon to contribute with insurance
provided by this policy.
The policy includes the following provision:
'The insurance afforded by the policy applies separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
companys liability."
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to
the terms, conditions, and exclusions applicable to such insurance) includes liability
assumed by the named insured under the indemnification or hold harmless provision
contained in the written contract, designated below, between the named insured and
the City of Seal Beach.
4. With respect to such insurance as is afforded by this policy, the exclusion, if any,
pertaining to the explosion hazard, collapse hazard and underground property
hazard (Commonly referred to as "XCU" hazard) are deleted.
5. The limits of liability under this endorsement for the additional insured named in
paragraph I of the endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit, whichever is indicated by the letter X in the appropriate box.
(X) Multiple Limits
Bodily Injury Liability $ 2, 000,000 each occurrence
Property Damage Liability $ /, o oo, coo each occurrence
( ) Single Limit
Bodily Injury Liability $ each occurrence
and
Property Damage Liability Combined $ aggregate
The applicable limit of the company's liability for the insurance afforded for contractual
liability shall be reduced by any amount paid as damages under this endorsement in behalf
of the additional insureds.
C-5
• •
Sheet 2 of 2
The limits of liai:ility as stated in this endorsement shall not increase the total liability of the
Company for ail damages as the result of any one occurrence in excess of the limits of
liability stated in the policy as applicable to Comprehensive General Liability Insurance.
6. The policy will not be canceled by the Company until after thirty (30) days written
notice has been received by the CITY OF SEAL BEACH.
7. Designated Contract
This endorsement is effective ` I I H 1 91 at 12:01 a.m. and forms a part of Policy No.
Named Insured M e H *Lan -P 0.C I c C Cons ru ndorsement No.
Named of Insurance Company 2r n e r . Cr s c t—c nCC LctCounters' ned by
Address I O 7 -t, V\! t rn •Address
City o s+o n .T `�'1 co 412 City
Phone No. `1 1 3 al 5q g 1 00 Phone No.
C-6
•
CITY OF SEAL BEACH, CALIFORNIA
CONTRACT DOCUMENTS,
SPECIFICATIONS, AND STANDARD DRAWINGS
FOR
WEST-COM COMMUNICATIONS
CENTER ADDITION
IN THE CITY OF SEAL BEACH
PROJECT NO. 767
FISCAL YEAR 1996-1997
• •
SECTION 1
NOTICE INVITING SEALED BIDS
FOR
WEST-COM COMMUNICATIONS
CENTER ADDITION
IN THE CITY OF SEAL BEACH
PROJECT NO. 767
FISCAL YEAR 1996-1997
Sealed bids marked Construction for the WEST-COM COMMUNICATIONS
CENTER ADDITION in the City of Seal Beach, Proj. No. 767 , will be received by
the City Clerk at the City Administration Building, 211 8th Street, Seal Beach,
California 90740, until 2 p.m., on Thursday, March 13, 1997 whereupon they will be
publicly opened.
The plans, specifications, and contract documents may be obtained at the
Engineering Department, 211 8th Street, Seal Beach, California 90740, upon
payment of $20 for each set. There will be an additional charge for mailing ($10).
There will be no refund for return of these documents and return is not required.
In conformance with Section 37931 of the Government Code, all bids shall be
presented under sealed cover on the proposal form provided and accompanied by
one of the following forms of bidder's security.
a. Cash, or
b. Cashier's Check made payable to the City of Seal Beach, or
c. Certified Check made payable to the City of Seal Beach, or
d. Bidder's Bond executed by an accredited surety insurer, made payable to the
City of Seal Beach.
The security shall be in an amount equal to at least 10 percent (10%) of the amount
of bid. A bid shall not be considered unless one of the form of bidder's security is
enclosed therewith.
A Surety bond for payment of labor and materials will be required in the amount of
one hundred percent (100%) of the total contract price and a Faithful Performance
Bond in the amount of one hundred percent (100%) of the estimated total contract
price will be required at the time of signing the contract agreement.
A-1
• •
TABLE OF CONTENTS
SECTION TITLE PAGE
1. NOTICE INVITING SEALED BIDS A-1... A-2
2. PROPOSAL B-1... B-7
3. CONTRACT AGREEMENT AND INSURANCE C-1... C-6
4. GENERAL CONDITIONS D-1... D-13
5. SPECIAL PROVISIONS E-1... E-5
6. TECHNICAL SPECIFICATIONS F-1... F-9
7. PROJECT PLANS Sheets1-4, E-1, E-2, E-3, MO701-A, S-1,&
8. ALTERNATIVE BID OPTIONS G-1
•
• •
The City Council reserves the right to reject any and all bids and waive any
informality in any bid received not affected by law. The award, if awarded, shall be
made within 45 days of the bid opening.
Pursuant to the California Labor Code, the Director of Industrial Relations has
determined the general prevailing rate of wages applicable to Public Works
Contracts to be performed within the City of Seal Beach and said determination is on
file with the City Clerk.
Steve Badum, P.E. Date
Director of Public Works/City Engineer
A-2
• •
SECTION 2
PROPOSAL
FOR
WEST-COM COMMUNICATIONS
CENTER ADDITION
IN THE CITY OF SEAL BEACH
PROJECT NO. 767
FISCAL YEAR 1996-1997
To the West-Com Board of Directors
do City of Seal Beach
Seal Beach, CA 90740
Directors:
The undersigned declares that he has carefully examined the location of proposed
work, and he has examined the plans, specifications, and contract documents and
hereby agrees to furnish all labor, materials, equipment, tools, transportation and
services to do all work required for WEST-COM COMMUNICATIONS CENTER
ADDITION, Project No. 767 , for the City of Seal Beach, in the City of Seal
Beach, California, in strict conformity with the plans and specifications at the
following price prepared by the City Engineer.
The undersigned understands that the West-Com Board of Directors will select the
construction alternative that best fits budgeted funds and that the award of a
contract will be based upon the lowest responsible bid for that selected alternative.
B-1
•
SECTION 4
GENERAL CONDITIONS
1. DEFINITIONS
Wherever the words defined in this article, or pronouns used in their stead, occur in
these specifications or in any of the contract documents, they shall have the
meanings here given:
A. The word "City" shall mean the City of Seal Beach, California, Party of the First
Part.
B. The term "City Council" shall mean the City Council of the City of Seal Beach,
California.
C. The word "Engineer" whenever not qualified shall mean the City Engineer of
the City of Seal Beach, California, acting either directly or through his properly
authorized agents, each agent acting only within the scope of authority
delegated to him.
D. The word "Contractor" shall mean the Party of the Second Part entering into .
contract with the City of Seal Beach, California, for furnishing of materials and
the performance of work required by these specifications, and includes his duly
authorized agents acting severally within the scope of their authorities.
E. The term "Subcontractor" shall mean a secondary contractor who performs at
the site of the work some part of the Contractor's obligation under the contract.
2. REFERENCE TO STANDARDS AND PUBLICATIONS
Any reference made in these specifications or on the drawing to any specifications,
standard, method or publication of any scientific or technical society or other
organization shall, in the absence of a specific designation to the contrary, be
understood to refer to the specifications, standard, method or publication in effect as
of the date the work is advertised for bid.
3. CONTRACT DOCUMENTS
The Notice Inviting Bids, the Proposal, the General Conditions, Special Provisions,
the Drawings and all addenda issued by the City with respect to the foregoing prior
to the opening of bids, together with the Agreement, constitute the Contract.
These contract documents are complementary, and what is called for in any one
shall be as binding as if called for in all. The intention of the documents is to require
a complete and finished piece of work. The Contractor, at his sole cost and
expense, shall perform all labor and services named, shall furnish all materials,
tools, equipment, and facilities necessary for the property execution of the work, with
the exception of such items as may be definitely stipulated in the specifications or on
the drawings to be furnished by the City. Anything shown in the drawings and not in
D-1
• •
the specifications, or in the specifications and not in the drawings, shall be
performed by the Contractor as though shown in both the drawings and the
specifications.
4. AUTHORITY OF THE ENGINEER
The Engineer shall give all orders and directions contemplated under the contract;
shall determine the adequacy of the Contractor's methods, plant, and
appurtenances; shall determine in all cases the amount, quality, acceptability, and
fitness of the several kinds of work and materials which are to be paid for; shall
determine all questions in relation to said work and the construction thereof; and
shall decide in all cases every question which may arise relative to the fulfillment of
this contract on the part of the Contractor. Should any discrepancy appear or any
misunderstanding arise as to the importance of anything contained in the
specifications or drawings, the matter shall be referred to the Engineer, who shall
decided the same in accordance with the true intent and meaning as construed by
him. Any difference or conflicts which may arise between the Contractor and any
other Contractor also under the superintendence of the Engineer shall be arbitrated
by the Engineer. In all cases, the Engineer's decision shall be final.
5. ACCESS TO WORK
The Engineer, his agents, and duly authorized representatives of the City, shall at all
times and for any purpose have access to the work and the premises used by the
Contractor, and the Contractor shall provide safe and proper facilities therefor.
6. LEGAL ADDRESS OF CONTRACTOR
The address given in the Proposal is hereby designated as the Place to which all
notices, letters, and other communications to the Contractor shall be mailed or
delivered. The mailing or delivering to the above-named place of any notice, letter,
or other communication to the Contractor, shall be deemed sufficient service thereof
upon the Contractor. The date of said service shall be the date of such mailing or
delivery. Such address may be changed at any time by a written notice signed by
the Contractor and delivered to the Engineer.
7. CONTRACTOR'S RESPONSIBILITIES
A. The Contractor shall be responsible for safe, efficient, and adequate methods
and equipment during the progress of the work so as to secure the safety of
the workmen, the quality of work required, and the stipulated rate of progress.
It shall be the Contractor's responsibility to perform the work strictly in
accordance with the Specifications and original contract drawing or in
accordance with modifications of the Specifications and original contract
drawing as may be made by the Engineer from time to time in the form of
revised contract drawings or written change orders issued in accordance with
Section 13.
B. The Contractor shall bear all losses resulting to him on account of the amount
or character of the work, or from any unforeseen obstructions or difficulties
which may be encountered, on account of the weather, floods, or other causes.
D-2
• •
C. The Contractor shall assume the defense of and indemnify and hold harmless
the City and its officers and agents from all claims of any kind arising from his
own negligence or that of his agents.
D. The Contractor shall be responsible for the custody of any material furnished to
him and for the care of all work until its completion and final acceptance, and
he shall at his own expense, replace damaged or lost material and repair
damaged parts of the work, or the same may be done at his expense by the
City.
E. During the progress of the work, the Contractor shall keep the premises
occupied by him in a neat and dean condition, and free from any unsightly
accumulation of rubbish.
He shall remove from the vicinity of the completed work all plant, building,
rubbish, unused materials, concrete forms, and equipment belonging to him or
used under his direction during construction, and in the event of his failure to
do so, the same may be removed by the City at the expense of the Contractor.
F. All operations of the Contractor shall be conducted in such a manner as to
avoid unnecessary equipment, material and water, together with all labor to
keep all parts of the work adequately sprinkled, which, in the opinion of the
Engineer, require sprinkling in order to avoid nuisance from dust.
8. INSURANCE AND BONDS
A. The Contractor shall not commence work under this contract until he has
secured all insurance and bonds required under this section, nor shall he allow
any subcontractor to commence work on his subcontract until all similar
insurance and bonds required of the subcontractor have been obtained. All
insurance issued in compliance with this section shall be issued in the form,
and by the insurer or insurers, satisfactory to and first approved by the City in
writing. Certification of insurance in the amounts required shall be furnished to
the City by the Contractor prior to the commencement of work. A
supplementary Comprehensive General Liability endorsement is required.
B. The Contractor shall maintain adequate workmen's compensation insurance
under the laws of the State of California for all labor employed by him or by any
subcontractor under him who may come within the protection of such
workmen's compensation insurance laws.
C. The Contractor shall maintain public liability insurance with the City as
additional named insured to protect said Contractor and including contractual
liability against loss from liability imposed by law, for damages on account of
bodily injury, including death resulting therefrom, suffered or alleged to have
been suffered by any person or persons, other than employees, resulting
directly or indirectly from the performance or execution of this contract or any
subcontract thereunder, and also to protect said Contractor and the City
against loss from liability imposed by law, for damage to any property, caused
directly or indirectly by the performance and execution of this contract or of any
D-3
• •
subcontract thereunder. Said public liability and property damage insurance
shall be maintained by the Contractor in full force and effect during the entire
period of performance under its contract in an amount of not less than one
million dollars ($1,000,000) per accident, five hundred thousand dollars
($500,000) per person injured in any one accident, and in an amount of not
less than one hundred thousand dollars ($100,000) with respect to any
property damage aforesaid. A certificate of insurance shall be placed on file
with the City Clerk of the City of Seal Beach which shall provide that said
insurance shall not be canceled without the insurance carrier giving the City
thirty (30) days prior written notice.
D. The Contractor shall secure with a responsible corporate surety or corporate
sureties, satisfactory bonds conditioned upon faithful performance by the
Contractor of all requirements under the contract and upon the payment of
claims of materialmen and laborers thereunder. The faithful performance bond
shall be in the amount of not less than one hundred percent (100%) of the
contract price. The bond for materialmen and laborers shall be in the amount
of not less than one hundred percent (100%) of the contract price.
E. Indemnification and Hold Harmless: Operator agrees to defend, indemnify,
protect and hold the City Joint Power Authority and its agents, officers,
employees, attorneys and volunteers harmless from and against any and all
claims from asserted or liability established for damages or injuries to any
person or property, including injury to Operator's employees, agents or officers
which arise from, or are connected with, or are caused or claimed to be caused
by, the acts or omissions of Operator and its agents, officers or employees, in
performing the work or services herein, and all expenses of investigating and
defending against same; provided, however, that Operator's duty to indemnify
and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of City, its agents, officers or
employees. Operator agrees to pay all reasonable attorney and court costs in
determining said sole negligence or willful misconduct of City its agents'
officers or employees. If it is determined that City is solely at fault, city agrees
to reimburse Operator for the costs incurred in determining that the City is
solely at fault.
9. DRAWINGS AND INFORMATION REQUIRED OF CONTRACTOR
A. The Contractor shall, before proceeding with the fabrication or erection of
structures or appurtenances, if called for under the contract and regarding
same and shall be subject to the Engineer for approval, drawings,
specifications, lists and graphs as required under these specifications. Said
drawings, specifications, lists, and graphs shall become the property of the
City. In the event that the Engineer shall find that the drawings, specifications,
lists and graphs as submitted by the Contractor are in accord with acceptable
practice and meet the requirements of these specifications, the Engineer will
return one set of the drawings and lists with his approval within ten days (10)
after their receipt at the Engineer's office; otherwise said drawings will be
returned to the Contractor within the said 10-day period with a statement of the
points wherein they have been found unsatisfactory in which case the
Contractor, at his own expense, shall proceed at once to revise said drawings
D-4
and lists until they shall be found satisfactory by the Engineer and approved by
him. No fabrication shall be done prior to approval of drawings and lists. The
Contractor shall have no claim for damages or extension of time on account of
any delay due to the revision of drawings as found necessary by the Engineer
in order to fulfill the requirements of these specifications; but regardless of
such delays, the Contractor shall be liable to the City, as provided in the Detail
Specifications, for any failure to complete the work as required by the terms of
the contract. Revisions shown on shop drawings shall be considered as
changes necessary to meet the requirements of the specifications and shall not
be taken as the basis of claims for extra work.
B. The approval of all drawings by the Engineer shall apply to general design
only, and shall in no way relieve Contractor from responsibility for errors or
omissions contained therein; nor shall said approval operate to waive or modify
any provision or requirement contained therein; nor shall said approval operate
to waive or modify any provision or requirement contained in these
specifications.
10. SPECIFICATIONS AND DRAWING
The Contractor shall check all dimensions and quantities on the drawing or bidding
sheets bound herein or given to him by the Engineer, and shall notify the Engineer
of all errors therein which may be discovered by examining and checking the
specifications and drawing. He shall not take advantage of any error or omissions in
these specifications, or on the drawing or bidding sheets, as full instructions will be
furnished by the Engineer should such error be discovered, and the Contractor shall
carry out instructions as if originally specified. In the event of conflicts between the
specifications and drawing, the requirements of the specifications shall take
precedence over those of the drawings.
11. PERSONAL ATTENTION
The Contractor shall give his personal attention to the faithful prosecution of the
work, and shall be present in person, or be represented by a duly authorized and
competent subordinate on the site of the work, continually during its progress, to
receive directions or instructions from the Engineer. Whenever the Contractor is not
present on any part of the work where it may be desired to give directions, orders
may be given by the Engineer to the superintendent or to a foreman who may have
charge of the work.
12. LIQUIDATED DAMAGES
A. The Contractor shall pay to the City for each and every day, including Sundays
and legal holidays, that he shall be in default in completing the whole work to
be done under this contract, the sum named in the Special Provisions which
sum is by the execution of the Agreement mutually agreed upon as liquidated
damages which the City will suffer by reason of such default. The City shall
have the right to deduct the amount of such damages from any monies due or
to become due to the Contractor under this contract.
D-5
14
• •
B. The Contractor shall not be assessed with liquidated damages for failure to
complete the work on time due to causes for which the Contractor has no
control. When such delay is made, a request for an extension of time may be
submitted to the Engineer for approval. The Engineer shall determine if a
request for an extension of time should be approved or denied.
13, FINAL ESTIMATE AND PAYMENT
A. Before beginning work, the contractor shall submit a schedule of values for the
various items of work within the lump sum bid for the purposes of progress
payments and changes in the work.
B. Whenever in the opinion of the Engineer, the Contractor has completely
performed the contract on his part, the Contractor will submit to the Engineer a
written statement of the final quantities of contract items for inclusions in the
final estimate.
C. Upon receipt from the Contractor of written statement of the final quantities, the
Engineer shall make in writing, and certify to the City Clerk, an estimate in
which he shall state, from actual measurements, the whole amount of work
done by the Contractor and the value of such work under and according to the
terms of the contract. If, in its discretion, the said City finds that the work has
been completed according to the contract, it shall thereupon, by resolution, so
find and declare the work to be accepted.
D. Within ten (10) days after the date of acceptance of the work, the Engineer
shall case to be filed, on behalf of the City, in the office the Orange County
Recorder, a notice of completion of the work herein agreed to be done by the
Contractor.
E. Upon expiration of thirty-five (35) days after the filing of such notice of
completion of the work, the City shall pay to the Contractor the amount
remaining after deducting from the amount or value stated in the above-
mentioned estimate, all prior payments to the Contractor, and all amounts to be
kept and retained under the provisions of the contract.
F. If the Contractor disagrees with the Engineer's final estimate and within said
period of thirty-five (35) days, files a written statement of his claims, the
Engineer will issue as a semi-final estimate submitted to the Contractor and the
City will, within thirty (30) days pay the sum found due thereon after deducting
from the amount or value stated in the first mentioned estimate all prior
payments to the Contractor and all amounts to be kept and retained under the
provisions of the Contract. The Engineer shall make such revision in the said
estimates as he may find to be due and shall then certify in writing to the City
Clerk the whole amount and value of the work done by the Contractor under
and according to the terms of the contract. The City will pay the amount so
found due, after deducting all previous payments, amounts to be retained
under the contract and amounts which may be retained in accordance with
Sections 13 and 14.
D-6
G. Monthly progress estimates shall be prepared and submitted by the Contractor
to the Engineer. The Engineer shall review the monthly progress estimates
and certify to their correctness. The City shall retain ten percent (10%) of such
monthly certified progress estimates of value of work done. The City shall pay
to the contractor ninety percent (90%) of the monthly certified progress
estimates of the value of work done, after deducting therefrom all previous
payments.
H. All prior estimates upon which partial payments have been made shall be
subject to correction in the final estimate. The final estimate and payments
made thereunder shall be final and conclusive upon the Contractor.
14. OVERTIME - NO EXTRA COMPENSATION
Overtime work(work performed in excess of eight (8) hours in any one calendar day,
or work performed on a Sunday or other legal holiday) shall not entitle the
Contractor to any compensation for any contract item in addition to that stipulated in
the contract for the kind of work performed, even though such overtime work may be
required under emergency conditions and may be ordered by the Engineer in
writing. In case of extra work ordered by the Engineer, no additional payment will be
made to the Contractor because of payment by him of overtime wages for such
work, unless the use of overtime work in connection with such extra work is
specifically ordered in writing by the Engineer, and then only to such extent as extra
payment is regularly being made by the Contractor to his men for overtime work of a
similar nature in the same locality.
15. LABOR DISCRIMINATION
Attention is directed to Section 1735 of the California Labor Code which reads as
follows: "No discrimination shall be made in the employment of persons on public
works because of race, color, or relation of such persons and every Contractor for
public works violating this section is subject to all penalties imposed for violation of
this chapter"
16. MATERIALS, WORKMANSHIP, AND TESTS
A. The Contractor shall submit samples, specimens, or test pieces of such
materials to be furnished or used in the work as the Engineer shall require. All
materials must be of the specified quality and equal to an approved sample, if
samples have been submitted. The Contractor shall furnish without cost to the
City, such quantities of construction materials as may be required for test
purposes, and shall place at the Engineer's disposal all available facilities for
and cooperate with him in the sampling and testing of all materials and
workmanship. All work shall be done and completed in a thorough,
workmanlike manner, notwithstanding any omission from these Specifications
or the drawings.
B. For convenience in designation in the plans and specifications, certain
equipment or articles or materials may be designated under a trade name or
the name of a manufacturer and his catalog information in order to establish a
standard of quality. The use of alternative equipment or an article or material
D-7
which is of equal quality and of the required characteristics for the purpose
intended will be permitted subject to the approval of the Engineer in
accordance with the following requirements:
1. The burden of proof as the comparative quality and suitability of alternative
equipment or articles or materials shall be upon the Contractor and he shall
furnish at his own expense, all information necessary or related thereto as
required by the Engineer.
2. The Engineer shall be the sole judge as to the comparative quality and
suitability of alternative equipment or articles or materials and his decision
shall be final.
17. INSPECTION
A. The Contractor shall furnish the Engineer every reasonable facility for
ascertaining whether the work is in accordance with the requirements and
intention of these specifications.
B. All materials furnished and all work done under these specifications shall be
subject to rigid inspection. Work done in the absence of prescribed inspection
may be required to be torn out and replaced under the proper inspection, and
the entire cost of tearing out and replacement, including the cost of all
materials which may be furnished by the City, and used in the tear out, shall be
borne by the Contractor, irrespective of whether the work torn out is found to
be defective or not. -
C. Work covered up without the authority of the Engineer shall upon order of the
Engineer, be uncovered to the extent required, and the Contractor shall
similarly bear the entire cost of performing all the work and furnishing all the
materials necessary for the removal of the covering and its subsequent
replacement, as directed and approved by the Engineer.
18. DEFECTIVE WORK OR MATERIALS
A. The inspection of the work shall not relieve the Contractor of any of his
obligations to fulfill his contract as herein prescribed, and defective work shall
be made good, and unsuitable materials may be rejected, notwithstanding that
such work and materials have been previously inspected by the Engineer and
accepted or estimated for payment. If the work, or any part thereof, shall be
found defective at any time before the final acceptance of the whole work, the
Contractor shall forthwith make good such defect without compensation of a
manner satisfactory to the Engineer and shall be charged as provided in the
preceding section for any excess material furnished by the City.
B. If any materials furnished and brought upon the site by the Contractor for use
in the work, or selected for the same by him, shall be condemned by the
Engineer as unsuitable or not in conformity with the specifications, the
Contractor shall forthwith discard such material and remove them to a
satisfactory distance from the vicinity of the work.
D-8
• •
C. If the Contractor shall fail or neglect to make ordered repairs of defective work
or to remove condemned materials from the work within ten (10) days after the
service by the Engineer of an order to do such repair work or remove such
materials, the Engineer acting on behalf of the City may make the ordered
repairs or remove the condemned materials and deduct the cost thereof from
any monies due to the Contractor.
D. When retesting is required due to failure of materials or workmanship to meet
specified requirements, all costs of said retesting, including additional
inspection and testing laboratory charges, shall be charged to the Contractor
and may be deducted from the contract payments due the Contractor.
19. PROPERTY RIGHT IN MATERIALS
Nothing in this contract shall be construed as vesting in the Contractor any right of
property in the materials used after they have been attached or affixed to the work or
the soil, or after payment has been made for the value of unused material delivered
to the site of the work. All such materials attached or affixed or unused shall
become the property of the City.
20. LAWS AND REGULATIONS
A. The Contractor shall keep himself fully informed of all Federal and State Laws,
and County and City Ordinances, and regulations which in any manner affect
those engaged or employed on the work, the materials used on the work, or
the conduct of the work. If any discrepancy of inconsistency should be
discovered in this contract, or in the drawing or specifications herein referred
to, in relation to any such law, ordinance or regulations, the Contractor shall
forthwith report the same in writing to the Engineer. He shall at all times
himself observe and comply with, and shall cause all his agents and
employees to observe and comply with all such applicable laws, ordinances
and regulations, in effect or which may become effective before completion of
this contract. He shall protect and indemnify the City and its officers and
agents against any claim or liability arising from or based on the violation of
any such laws, ordinance, or regulation, whether by himself or by his
employees.
B. Except as otherwise explicitly provided in these specifications, all permits and
licenses necessary to the prosecution of the work shall be secured by the
Contractor at his own expense, and he shall pay all taxes properly assessed
against his equipment or property used or required in connection with the work.
C. All federal laws and regulations now imposed by competent authority and
relating to any materials required to be furnished under these specifications
and work required to be done hereunder shall be deemed to be and hereby are
made controlling and part of these specifications.
21. PUBLIC SAFETY
During the performance of the work the Contractor shall erect and maintain
temporary railings and barriers and take al other necessary precautions and place
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proper guards for the prevention of accidents. He shall indemnify and save
harmless the City, its officers, agents, and employees from all damages and costs to
which they may be put by reason of injury to person or property resulting from the
Contractor's negligence of carelessness in the performance of the work, or in
guarding the same, or from any improper materials, implements or appliances in its
construction, or by or on account of any act or omission of the Contractor or his
agents.
22. TRESPASS
The Contractor shall be responsible for all damages or injury which may be caused
on any property by trespass of the Contractor's employees in the course of their
employment whether the said trespass was committed with or without the consent or
knowledge of the Contractor.
23. SAFETY, SANITARY, AND MEDICAL REQUIREMENTS
The Contractor shall be responsible, and his subcontractors, if any, and employees,
shall promptly and fully carry out the existing safety, sanitary and medical
requirements as may from time to time be prescribed by the Industrial Safety
Commission and by County and State Health Departments, to the end that proper
work shall be done, and the safety and health of the employees and of the
community may be conserved and safeguarded. In case such regulations and
orders are not observed by the Contractor, they may be enforced by the Engineer at
the Contractor's expense.
24. WATER AND POWER
The Contractor shall make arrangements with City Building Facility Maintenance
Personnel for all necessary water and power required for his operations under the
contract.
25. MAINTENANCE
The Contractor shall, at his own expense, make all necessary repairs and
replacements to remedy in a satisfactory manner any and all defects due to faulty
materials or workmanship in the work, or due to disturbance of or damage to existing
improvements of the City or of public utilities by the Contractor's operations under
the contract and contrary to the specifications, or due to the failure to comply with
specifications, when such defects occur.
A. In any part of the surface and above-ground work done under the contract, or
in existing surface improvements of the City or of public utilities, or other
surface structures provided that such defect or defects be detected within 1
year following the date of acceptance of the work.
B. In any part of the subsurface work done under contract or in existing
subsurface improvement of the City or of public utility companies, such as
water facilities, sewers, side sewers, culverts, other drainage structures, pipes,
valves, conduits, conductors, or other subsurface structures, provided that
such defect or defects in contract work done or disturbance of or damage to
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said existing subsurface improvements be detected within 2 years following the
date of acceptance of the work.
Should the Contractor, after written notification by the City Engineer, fail to
remedy promptly any such defect, disturbance, or damage occurring as set
forth above under A or B, or should the best interest of the City require an
immediate remedy within the delay incident to such notification, the City
Engineer may cause such repairs, replacements, or other remedy to be made,
and the expense so incurred shall be chargeable to, and shall be paid by the
Contractor. Provided that such expense so incurred by the Contractor, or
incurred by the City and paid by the Contractor, on account of disturbance of or
damage to existing improvements of the City of public utilities occurring as set
forth above, shall not exceed an amount equal to ten percent (10%) of the
contract cost, of all work to be done under the terms of the Specifications, or
such other amount as may be set forth in the Special Provision, further
provided that the liability of the surety on the faithful performance bond, on
account of such disturbance of or damage to improvements of the City or of
public utilities occurring as est forth above, shall likewise not exceed ten
percent (10%)'of the contract cost of all work to be done under the terms of the
Specifications, or such other amount as may be set forth in the Special
Provisions.
The foregoing obligations shall be secured by a faithful performance bond in a
form approved by the Engineer in an amount not less than ten percent (10%) of
the final contract price, or$2,000, whichever is greatest, and shall be delivered
to the Engineer prior to final acceptance of the work.
Nothing in this subdivision shall be construed as a waiver, or impairment of any
of the City's rights under the contract, or of any recourse provided by law.
26. LABOR CODE - EMPLOYMENT OF APPRENTICES
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statues of
1968) and 1777.6 of the Labor Code concerning the employment of apprentices by
the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing
tradesmen in any apprenticeable occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers the
apprenticeship program in that trade of apprentices to journey men that will be used
in the performance of the contract. The ratio of apprentices to journeymen in such
cases shall not be less then one to five except:
A. The unemployment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days prior to the
request for certificate, or
B. When the number of apprentices in training in the area exceed a ratio of one to
five, or
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C. When the trade can show that it is replacing at least 1/30 of its membership
through apprenticeship training on an annual basis state or locally, or
D. When the Contractor provides evidence that he employees registered
apprentices on all of his contracts on an annual average of not less than one
apprentice to eight journeymen.
The Contractor is required to make contributions to funds to make contributions to
funds established for the administration of apprenticeship programs if he employs
registered apprentices or journeymen in any apprenticeable trade on such contracts
and if other contractors on the public works site are making such contributions.
The Contractor and any subcontractor under him shall comply with the requirements
of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standard wage schedule, and other
requirements may be obtained from the Director of Industrial Relations, ex-officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
27. COMPLIANCE WITH LABOR LAWS
Contractor agrees to be bound by and to comply with all of the provisions of the
Labor Code of the State of California in the performance of all work under this
contract. Without limiting the generality of the foregoing, Contractor agrees:
A. That not less than the general prevailing rate of per diem wages and the
general prevailing rate for holidays and overtime work in the locality for each
craft, classification or type of workman needed to execute this Agreement as
ascertained by the most recent resolution of the City adopted prior to the
execution of this contract by City, shall be paid to all workmen employed on
said work by Contractor, or by any subcontractor doing any portion of said
work. Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25.00)
for each calendar day or portion thereof for each workman paid less than such
prevailing wage. (Said resolution is on file with the City Clerk on the City and is
incorporated by reference as fully set forth herein.)
B. If, during the progress of the work, City passes a resolution increasing the
general prevailing rate of per diem wages and the general prevailing rate for
holidays and overtime of work for any craft, classification or type of workman
needed to execute this Agreement, City may authorize a change order
equaling the amount of the direct cost increase subject to the following
conditions:
1. Contractor shall submit evidence satisfactory to City showing the number of
hours of work in each craft or trade originally estimated to be required for
this work, the number of hours of work in each affected craft or trade used
in performance of the work of this contract, and the total dollar amount
requested by Contractor as reimbursement for the increased costs of labor
remaining to be performed.
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2. Contractor shall submit a sworn statement indicating that he will pay the
increased rates as set forth in City's resolution. ,
3. No such reimbursement for increased cost of labor shall be made if such
reimbursement violates a wages control established by a governmental
agency having jurisdiction.
28. MINORITY SUBCONTRACTORS
Contractor agrees to afford minority business enterprises full opportunity to submit
bids in response to any invitation made by Contractor for subcontractors, and
Contractor will not discriminate against any minority business enterprise on the
ground of race, color, or national origin in consideration for an award.
29. TERMINATION
City may terminate this contract at any time for cause, convenience or any other
reason, and may suspend or abandon the execution of all or any part of the work by
written notice to Contractor. Such termination, suspension or abandonment shall be
effective as of the dates stated in said written notice.
In the event of termination, as provided for herein, City shall pay Contractor for all
services rendered prior to the effective date of termination. Said payment shall be in
full satisfaction of all services rendered prior to the effective date of termination, and
shall be in full satisfaction of all services rendered hereunder; provided, however,
that if said termination should be due to or should constitute breath of contract or
default by Contractor, City may withhold or offset the amount of any damages arising
from such default or breath of contract.
30. ASSIGNMENT
This Agreement may not be assigned by Contractor in whole or in part without the
prior written consent of City.
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SECTION 5
SPECIAL PROVISIONS
1. DESCRIPTION OF WORK
The project consists of the WEST-COM COMMUNICATIONS CENTER ADDITION
in the City of Seal Beach to the limits indicated on the plans. The scope of the work
includes the construction of a 25'x 46' (1,150 square foot) police communications
center at the Seal. Beach Police Department, 911 Seal Beach Boulevard, Seal
Beach and other incidental items of work as indicated on the plans and listed in
these specifications.
2. STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the Standard
Specifications for Public Works Construction (current edition), supplements, Uniform
Building Code (current edition as amended by the City) and these Special
Provisions.
3. BEGINNING AND COMPLETION OF WORK
Within ten (10) days after award of the contract, the Contractor shall execute the
contract agreement and return said agreement along with the required bonds and
certificates of insurance and endorsements to City Hall. The Contractor shall
complete the work within the limit of forty-five (45) working days from the date of
"Notice to Proceed."
In the event the Engineer shall be of the opinion that the work is being inadequately
or improperly prosecuted in any respect, he may demand that the Contractor
improve or change the prosecution of the work in such manner as to assure proper
and timely completion.
4. WORK SCHEDULE
The Contractor shall file with the Engineer within ten (10) days of award of the
contract, a schedule of work. This schedule shall outline the various phases of work
and the estimated dates of commencement and completion for each. The schedule
shall be sufficiently detailed to permit ready comparison with actual construction as
work progresses. Contractor shall notify the Engineer 48 hours in advance of
starting work.
5. LIQUIDATED DAMAGES FOR DELAY
The Contractor shall, as provided in these Special Provisions, pay to the City as
fixed, agreed, and liquidated damages, for each day's delay in the completion of all
work beyond the time agreed upon, the amount of Five-Hundred Dollars ($500.00).
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6. CONTRACT DRAWINGS
The location of the work, its general nature and extent, and the form and detail of the
various features are shown on the plans accompanying these specifications and
made a part of these specifications.
7. NORMAL WORKING HOURS
Normal working hours shall be 8 a.m. to 5 p.m., Monday through Friday, except legal
union and City holidays. If the Contractor wishes to work at other times, he shall
bear the cost of any City effort, such as inspection, surveying, presence of City
maintenance personnel, etc., which is required during the non-normal working
period. Working hours other than above must be approved by the City in advance.
Working hours that are disruptive to the surrounding community will not be allowed.
8. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall be responsible for the protection of public and private property
adjacent to the work and exercise due caution to avoid damage to such property in
accordance with Section 7 of the Standard Specifications.
The Contractor shall repair or replace all existing improvements within the
construction area which are not designated for removal, which are damaged or
removed as a result of his operation. Repairs and replacement shall be at least
equal to existing improvements and shall match them in finish and dimension.
Reasonable caution shall also be taken to avoid damage to all utilities, and all
liability for damage shall be the responsibility of the Contractor. All existing utilities,
lights, or other obstructions which are removed, damaged, or destroyed in the
course of the work shall be replaced and/or repaired to original condition to the
satisfaction of the Engineer by and at the expense of the Contractor.
All areas of the existing structure not being renovated shall be protected from
excessive dust and noise. if, in the opinion of the Engineer, this is not being
accomplished, the Contractor shall make improvements as directed by the Engineer.
All costs to the Contractor for protecting, removing and restoring existing
improvements shall be absorbed in his bid.
9. SOUND CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise control rules,
regulations and ordinances which apply to any work performed pursuant to the
contract.
Each internal combustion engine, used for any purpose on the job or related to the
job, shall be equipped with a muffler or a type recommended by the manufacturer.
No internal combustion engine shall be operated on the project without said muffler.
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Said noise level requirement shall apply to all equipment on the job or related to the
job, including, but not limited to trucks, transit mixers or transient equipment that may
or may not be owned by the Contractor. The use of loud signals shall be avoided in
favor of light warnings, except those required by safety laws for the protection of
personnel. Special consideration shall be made to coordinate with adjacent Police
Department Operations.
Full compensation for conforming to the requirements of this section shall be
considered as included in the prices paid for the various contract items of work
involved and no additional compensation will be allowed therefor.
10. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and
give all notices necessary and incident to the due and lawful prosecution of the
work, unless modified in these specifications.
Bidders must be licensed contractors in accordance with the provisions of Chapter
9, Division 3, as amended, of the Business and Professions Code of the State of
California, and must provide their license number.
The Contractor and subcontractors will not be required to pay City fees for permits
and further will not be required to secure a business license in the City of Seal
Beach for the purpose of this contract work.
11. INSPECTION
The Contractor shall recognize the City Engineer of the City of Seal Beach as the
project engineer who shall be in charge of and authorize the inspection of the
project. The Contractor shall provide access at all times to any area of the project
for inspection purposes and shall furnish, without cost, any assistance necessary to
complete required inspections. A twenty-four (24) hour notice shall be given prior to
commencing the project, and during construction, the Contractor shall give due
notice, satisfactory to the Inspector, of the readiness of any phase of construction to
be inspected and shall not proceed without approval.
12. CONDUCT OF CONSTRUCTION OPERATION
Construction operations shall be conducted in such a manner as to cause as little
inconvenience as possible to the abutting police department operations.
Convenient access to driveways and building entrances shall be maintained. No
material or equipment shall be stored where it will interfere with the free and safe
passage within building hallways and access points. At the end of each day's work
and at other times, when construction operations are suspended for any reason, the
Contractor shall remove all equipment and other obstructions.
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13. COORDINATION OF WORK
It shall be the responsibility of the Contractor to coordinate the work of the various
subcontractors and utilities. Contractor shall arrange for all necessary inspections
by the City or utilities involved. Contractor shall be responsible for any delays
caused by his failure to arrange for any work or inspection in a timely manner.
14. PUBLIC UTILITIES
During the course of construction, several public utilities will be encountered. Prior
to commencing work, the Contractor shall contact the respective utility companies
and determine the exact location of their principal facilities and service crossings.
The Contractor shall be responsible for any damage to existing utilities.
15. PUBLIC AND PRIVATE UTILITY JURISDICTIONAL AGENCIES
Utility Governing Agency
A. Engineering and Inspection City of Seal Beach
Sanitary Sewers 211 8th Street
Seal Beach, CA 90740
(310) 431-2527
B. Electrical Services Southern CA Edison Co.
7333 Bolsa Avenue
Westminster, CA 92646
(714) 835-3833
C. Telephone Service General Telephone Company
1778 East 20th Street
Long Beach, CA 90806
(310) 437-0111
• D. Gas Service Southern CA Gas Company
P. O. Box 3334
Anaheim, CA 92803
(714) 538-0211
16. WEATHER LIMITATIONS
Adverse weather conditions shall be cause for suspension of operations when, in
the opinion of the Engineer, continuation of operations during such adverse weather
would result in unsatisfactory completed work.
The Contractor shall expect adverse weather and shall be prepared to take steps
necessary to assure a minimum of delay. Immediately following adverse weather,
the Contractor shall drain all areas of impounded water and shall take other
measures as may be necessary to facilitate a prompt resumption of construction.
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SECTION 6
TECHNICAL SPECIFICATIONS
The attached Project Specifications and reference material for Exterior plaster, ceiling
systems, steel studs, roofing, and HVAC systems shall apply the to work.
•
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SECTION 7
PROJECT PLANS
The projects plans by Gordon Powers, Architect, sheets 1 through 4, E1, E2, E3, MO701-A,
S-1 & S-2 are hereby attached.