HomeMy WebLinkAboutC-4161 - OASIS Senior Center Site Utilities for Staff Temporary TrailersCITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
g INFORMAL CONTRACT FOR OASIS SENIOR CENTER
�- SITE UTILITIES FOR STAFF TEMPORARY TRAILERS
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THIS AGREEMENT, entered into this2-1 day of 2O4) 2009, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and Wiesen Construction, Inc., a California
corporation, hereinafter "Contractor," is made with reference to the following facts:
WHEREAS, City has solicited for bids for the following described public work: the framing
work per A1.0, dated 1/7/09, and S -1, dated 12/21/08. The scope of work shall include all
labor, materials, tools, equipment, and supervision to furnish and install the new deck
including all decking, structural support, hardware, and connections. The wood stairs,
ramps, guardrail, and handrail are also included.
WHEREAS, Contractor has been determined by City to be have submitted the lowest
responsible price to complete this project, and the compensation set forth in this Contract, is
based upon Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, City and Contractor agree as follows
A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the
following documents: Instructions to Contractor, Proposal, Non - Collusion Affidavit, Faithful
Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions,
Standard Special Provisions and Standard Drawings, Plans and Special Provisions for
Informal Contract, Standard Specifications for Public Works Construction (current
adopted edition and all supplements) and this Agreement, and all modifications and
amendments thereto (collectively the "Contract Documents "). The Contract Documents
comprise the sole agreement between the parties as to the subject matter therein. Any
representations or agreements not specifically contained in the Contract Documents are
null and void. Any amendments must be made in writing, and signed by both parties in the
manner specified in the Contract Documents.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and
shall provide and furnish all the labor, materials, necessary tools, expendable equipment
and all utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
activities, at no extra cost to City which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
C. COMPENSATION As full compensation for the performance and completion of the
Project as required by the Contract Documents, City shall pay to Contractor and
Contractor accepts as full payment the sum of Seventeen Thousand, Ninety -Six and
00/100 Dollars ($17,096.00).
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(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the wort,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance
of the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and City expressly agree that in addition to all claims filing
requirements set fort in the Contract and Contract documents, the contractor shall be
required to file any claim the contractor may have against the City in strict conformance
with the Tort Claims Act (Government code 900 et. seq.)
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Dave Webb
(949) 644 -3311
(949) 6443308 Fax
CONTRACTOR
Wiesen Construction
28825 Aloma Avenue
Laguna Niguel, CA 92677
949- 463 -6644
949- 429 -1503 Fax
F. INSURANCE Without limiting Contractor's indemnification of City, and rio or to
commencement of work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, a policy or policies of liability insurance of
the type and amounts described below and in a form satisfactory to City.
1. Certificates of Insurance. Contractor shall provide original certificates of insurance
with original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current certification of
insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by Contractor, his
agents, representatives, employees or subcontractors. The cost of such insurance
shall be included in Contractor's bid.
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2. Signature. A person authorized by the insurer to bind coverage on its behalf shall
sign certification of all required policies.
3. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business
of insurance in the State of California, with an assigned policyholders' Rating of A (or
higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's
Risk Manager.
4. Coverage Requirements.
a. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California, Section 3700 of
the Labor Code In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees.
Any notice of cancellation or non - renewal of all Workers' Compensation policies
must be received by City at least thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for City.
b. General Liability Coverage. Contractor shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement, or the general
aggregate limit shall be at least twice the required occurrence limit.
c. Automobile Liability Coverage. Contractor shall maintain automobile insurance
covering bodily injury and property damage for all activities of the Contractor arising
out of or in connection with work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount not less
than one million dollars ($1,000,000) combined single limit for each occurrence.
5. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
6. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
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a) General Liability and Automobile Liability Coverages
City, its elected or appointed officers, agents, officials, employees, and
volunteers are to be covered as additional insureds as respects: liability
arising out of activities performed by or on behalf of Contractor, including the
insured's general supervision of Contractor; products and completed
operations of Contractor; premises owned, occupied or used by Contractor;
or automobiles owned, leased, hired or borrowed by Contractor. The
coverage shall contain no special limitations on the scope of protection
afforded to City, its elected or appointed officers, officials, employees, agents
or volunteers.
ii. Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its elected or appointed officers, agents,
officials, employees and volunteers as respects to all claims, losses, or
liability arising directly or indirectly from the Contractor's operations or
services provided to the City. Any insurance or self - insurance maintained by
City, its officers, officials, employees and volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, agents, officials, employees and
volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
v. The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification /hold harmless
provision contained in this Contract.
vi. The insurer shall agree to waive all rights of subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers for
losses arising from work performed by Contractor for City.
b) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to City.
Timely Notice of Claims — Contractor shall give City prompt and timely notice of
any claim made or suit instituted arising out of or resulting from Contractor's
performance under this agreement.
All of the executed documents referenced in this contract must be returned
within ten (10) working days after the date on the "Notification of Award," so that
the City may review and approve all insurance and bonds documentation.
7. Acts of God
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Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
8. Right to Stop Work for Non - Compliance
City shall have the right to direct the Contractor to stop work under this Agreement
and /or withhold any payment(s), which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
G. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
active negligence or willful misconduct of City, its officers or employees.
4. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
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performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
J. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
ATTEST:
IN APO,
VRIPFC. n.-
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Attachment: Proposal
CITY OF NEWPORT BEACH
A Municipal Corpon#k) s
Badum
.s Director
WIWN CONSTRUCTION, INC.
By: d ",
(Corporate Officer)
Title: GA2,0
Print Name: Al Mws�
By:
/,—(Financial Officer)
Title: F0
Print Name: 3k& k if GLEN
Please note: Corporations must complete and sign both Places above
even if each office is held by the same individual
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INFORMAL CONTRACT FOR OASIS SENIOR CENTER
SITE UTILITIES FOR STAFF TEMPORARY TRAILERS
NOTICE TO CONTRACTOR
The following Contract Documents shall be executed and delivered to the City:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Contractors are advised to review their content with bonding, insuring and legal
agents prior to submission of bid. Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Public Works Department before
a Notice to Proceed will be issued.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. Certificates of Insurance and additional insured
endorsements shall be on the insurance company's forms, fully executed and delivered with the
Contract. The Notice to Proceed will not be issued until all contract documents have been
received and approved by the City.
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1. The following documents shall be completed, executed and received by the Public Works
Department:
CONTRACT
PROPOSAL
2. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Contractors are advised to review their content with bonding and legal agents
prior to submission of bid.
3. In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages
in the locality in which the work is to be performed for each craft, classification, or
type of workman or mechanic needed to execute the contract. A copy of said
determination is available by calling the prevailing wage hotline number (415) 703-
4774, and requesting one from the Department of Industrial Relations. All parties to
the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to the requirement to pay prevailing wage rates (Sections
1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the
Contractor at the job site.
4. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, °Subletting and Subcontracting Fair Practices Act".
5. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
35'
Contractor's License No. & Classification
U/10 Ey✓ COW TVC-h) ry
Bidder r
/5v
orized Signature/Title
Date
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
DESIGNATION OF SUBCONTRACTORS)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total contract price. If a subcontractor is not
listed, the Contractor represents that he /she is fully qualified to and will be responsible for
performing that portion of the work. Substitution of subcontractors shall be made only in
accordance with State law and /or the Standard Specifications for Public Works Construction, as
applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Contractor, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach. (Use additional sheets if needed)
Subcontractor's Name,
Address, Telephone #
Bid
Item
Number
Percent
Of Total
Bid
Description of Work
Percent of
Total Bid
Bidder A�15rfzed Signaturerritle
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