HomeMy WebLinkAboutC-5147 - M/RSA for Replacement of Irvine Terrace Park Patio Structure�J
C -5147
AMENDMENT NO. ONE TO
MAINTENANCE AND REPAIR SERVICES AGREEMENT
WITH PACIFICORE CONSTRUCTION, INC FOR
FOR REPLACEMENT OF IRVINE TERRACE PARK PATIO STRUCTURE
THIS AMENDMENT NO. ONE TO MAINTENANCE AND REPAIR SERVI
AGREEMENT ( "Agreement ") is made and entered into as of this 1 day of � us ,,
2012 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ( "City "), and PACIFICORE CONSTRUCTION,
INC, a California corporation ( "Contractor "), whose principal place of business is 3176
Pullman St, Suite 106, Costa Mesa, CA and is made with reference to the following:
RECITALS
A. On May 24, 2012, City and Contractor entered into a Maintenance and Repair
Services Agreement ( "Agreement') for the replacement of a patio shade structure
( "Project').
B. City desires to enter this Amendment No. One to extend the term of the
Agreement and increase the total compensation.
C. City and Contractor mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: The term of this Agreement shall commence on May 24, 2012, and shall
terminate on November 16, 2012, unless terminated earlier as set forth herein.
2. COMPENSATION
The Schedule of Billing Rates, attached as Exhibit B to the Agreement, shall be
supplemented to include Change Order No. One attached hereto as Exhibit B and
incorporated herein by reference. Additionally Section 4.1 of the Agreement shall be
amended in its entirety and replaced with the following:
As full compensation for the performance and completion of the Project as
required by the Scope of Work and Schedule of Billing Rates attached to the Agreement
as Exhibit B, City shall pay the Contractor and Contractor accepts as full payment the
sum Sixteen Thousand Four Hundred Eighteen Dollars and 00/100 ($16,418.00)
(Total amended compensation). No billing rate changes shall be made during the term
of this Agreement without the prior written approval of the City.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
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Pacificore Construction, Inc Page 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:r�
By:
C -f
Aaron C. Harp
Michael Torres
City Attorney 2012.08.2217:04:23-07'00'
ATTEST: f �2
Date:
CITY OF NEVI
A California m
Date:
By:
Municipal Operations Director
CONTRACTOR: Pacificore Construction,
Inc, a California corporation
Date:
By. By:
Leilani I. Brown cot Austin
City Clerk -- President
d PORE Date: cb - ;zq - 2 � 2
By.
a
Christina Austin
'CALI F0 Secretary
[END OF SIGNATURES]
Attachments: Exhibit B - Change Order No. One
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Pacificore Construction, Inc Page 3
EXHIBIT B
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Pacificore Construction, Inc Page B -1
AGREEMENT FOR MAINTENANCE AND REPAIR SERVICES
WITH PACIFICORE CONSTRUCTION INC.
FOR REPLACEMENT OF IRVINE TERRACE PARK PATIO STRUCTURE
v
THIS AGREEMENT FOR MAINTENANCE AND REPAIR SERVICES
( "Agreement ") is made and entered into as of this .1y day of May, 2012
( "Commencement Date') by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ( "City "), and PACIFICORE
CONSTRUCTION INC., a California corporation ( "Contractor "), whose principal place of
business is 3176 Pullman Street, Suite 106, Costa Mesa, CA 92626 and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires the replacement of a patio shade structure.
C. City desires to engage Contractor to rebuild a patio shade structure on existing
footings ( "Project ").
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the Commencement Date, and shall
terminate on August 31, 2012, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
2.1. City and Contractor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference. Contractor shall perform all the work
described in the Scope of Work attached hereto as Exhibit A and incorporated herein by
this reference ( "Services" or "Work "). As a material inducement to the City entering into
this Agreement, Contractor represents and warrants that Contractor is a provider of first
class work and Contractor is experienced in performing the Work contemplated herein
and, in light of such status and experience, Contractor covenants that it shall follow the
highest professional standards in performing the Work required hereunder and that all
materials will be of good quality. For purposes of this Agreement, the phrase "highest
2.2. 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 necessary for the Project.
3. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Contractor to perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2. Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice to the other party so that all delays can be addressed.
3.3. Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as soon as reasonably possible, but no event later
than ten (10) calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond Contractor's
control.
3.4. For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
4. COMPENSATION
4.1. As full compensation for the performance and completion of the Project as
required by the Scope of Work and Schedule of Billing Rates attached hereto as Exhibit
B, City shall pay to Contractor and Contractor accepts as full payment the sum Sixteen
Thousand Nine Dollars and 00/100 ($16,009.00). Contractor shall not receive any
additional compensation unless approved in advance by the City in writing. City shall
pay Contractor no later than thirty (30) days after approval and acceptance of the work
by City staff.
5. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department. The
Operations Support Superintendent or his /her designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his /her authorized representative shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
6.1. Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
PACIFICORE CONSTRUCTION INC. Page 2
in Exhibit A shall not be installed unless approved in advance by the Project
Administrator.
6.2. All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest professional standards. All Services shall be
performed by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7.1. City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
7.2. 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.
7.3. To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
7.4. Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
PACIFICORE CONSTRUCTION INC. Page 3
7.5. Contractor shall perform all Project Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Project Work.
7.6. To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement 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.
7.7. The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Agreement.
Anything in this Agreement that may appear to give City the right to direct Contractor as
to the details of the performance or to exercise a measure of control over Contractor
shall mean only that Contractor shall follow the desires of City with respect to the results
of the Services.
9. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Contractor on the Project.
10. INSURANCE
10.1. Without limiting Contractor's indemnification of City, and prior to
commencement of Work. Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City. The cost of such insurance
shall be included in Contractor's bid.
10.2. Coverage and Limit Requirements.
10.2.1. Workers' Compensation. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and employer's liability insurance
with limits of at least one million dollars ($1,000,000) each type for Contractor's
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
PACIFICORE CONSTRUCTION INC. Page 4
accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees. The insurer issuing the Workers' Compensation insurance
shall amend its policy by endorsement to waive all rights of subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers. Contractor
shall submit to City, along with the required certificate of insurance, a copy of such
waiver of subrogation endorsement.
10.2.2. General Liability. Contractor shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars
($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal
injury, and property damage, including without limitation, blanket contractual liability.
Coverage shall be at least as broad as that provided by Insurance Services Office form
CG 00 01. None of the policies required herein shall be in compliance with these
requirements if they include any limiting endorsement that has not been first submitted
to City and approved in writing.
10.2.3. Automobile Liability. 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 accident.
10.2.4. Builders Risk. For Agreements or Contracts with
Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk
insurance or an installation floater as directed by City, covering damages to the Work
for "all risk" or special form causes of loss with limits equal to one hundred percent
(100 %) of the completed value of contract, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement for such
coverage may include additional protection for Earthquake and /or Flood. City shall be
included as an insured on such policy, and Contractor shall provide the City with a copy
of the policy.
10.3. Other Insurance Provisions or Requirements.
10.3.1. Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and an additional
insured endorsement for general liability. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance or
issuance of any permit. Current evidence of insurance shall be kept on file with City at
all times during the term of this Agreement. All of the executed documents referenced in
this Agreement 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 bond
documentation. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
PACIFICORE CONSTRUCTION INC. Page 5
10.3.2. General liabilitv insurance provisions. Primary and excess or
umbrella liability policies are to contain, or be endorsed to contain, the following
provisions:
10.3.2.1. 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. 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. Contractor shall submit to City a
copy of the additional insured endorsement along with the required certificates of
insurance.
10.3.2.2. 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 Contractors insurance and shall not
contribute with it.
10.32.3. 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.
10.4. 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.
10.5. Notice of Cancellation. Contractor agrees to oblige its insurance broker
and insurers to provide to City with 30 days notice of cancellation (except for
nonpayment for which 10 days notice is required) or nonrenewal of coverage for each
required coverage except for builder's risk insurance. The builder's risk policy will
contain or be endorsed to contain a provision providing for 30 days written notice to City
of cancellation or nonrenewal, except for nonpayment for which 10 days notice is
required.
10.6. Self- Insured Retentions. Contractor agrees not to self- insure or to use any
self- insured retentions on any portion of the insurance required herein and further
agrees that it will not allow any indemnifying party to self- insure its obligations to City. If
contractor's existing coverage includes a self - insured retention, the self- insured
retention must be declared to City. City may review options with the contractor, which
may include reduction or elimination of the self- insured retention, substitution of other
coverage, or other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
PACIFICORE CONSTRUCTION INC. Page 6
10.7. 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.
10.8. Waiver. All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against City, its elected or appointed
officers, agents, officials, employees and volunteers, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
10.9. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
10.10. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
10.11. City's Remedies. City shall have the right to order the Contractor to stop
Work under this Agreement and /or withhold any payment(s) that become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements
of this article. In the alternative, City may purchase the required coverage and charge
Contractor the cost of the premiums or deduct the cost from Contractor's payments.
10.12. Coverage not Limited. All insurance coverage and limits provided by
contractor and available or applicable to this agreement are intended to apply to the full
extent of the policies. Nothing contained in this agreement or any other agreement
relating to the city or its operations limits the application of such insurance coverage.
10.13. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Services under this or any
other contract or agreement with the City. Contractor shall provide proof that policies of
insurance required herein expiring during the term of this Agreement have been
renewed or replaced with other policies providing at least the same coverage. Proof that
such coverage has been ordered shall be submitted prior to expiration. A coverage
binder or letter from Contractor's insurance agent to this effect is acceptable. A
certificate of insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to City
within five days of the expiration of the coverages.
11. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the Work
outlined in the Scope of Work provided the Contractor obtains City approval prior to the
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subcontractor performing any work. Contractor shall be fully responsible to City for all
acts and omissions of the subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and subcontractor nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. .
12. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
13. CONFLICTS OF INTEREST
13.1. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
13.2. If subject to the Act, Contractor shall conform to all requirements of the
Act. failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
14. NOTICES
14.1. All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to
City shall be addressed to City at:
Attn: Operations Support Superintendent
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Email: jauger @newportbeachca.gov
Phone: 949 - 718 -3477
Fax: 949 -650 -0747
PACIFICORE CONSTRUCTION INC. Page 8
14.2. All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Scot Austin
PACIFICORE CONSTRUCTION INC.
3176 Pullman Street, Suite 106, Costa Mesa, CA
92626
Email:
scot @pacificoreconstruction.com
Phone:
657 -859 -4500
Fax:
657 - 859 -4519
15. NOTICE OF CLAIMS
15.1. Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under the Agreement, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement 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 the City expressly agree that in addition to all claims
filing requirements set forth in the Agreement, the Contractor shall be required to file
any claim the Contractor may have against the City in strict conformance with the Tort
Claims Act (Govt. Code §§ 900 et seq.).
16. TERMINATION
16.1. In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
16.2. Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Contractor. In the event of termination under
this Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Agreement.
PACIFICORE CONSTRUCTION INC. Page 9
17. STANDARD PROVISIONS
17.1. Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
17.2. Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
17.3. Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal Contract or implied covenant shall be held to vary the provisions
herein.
17.4. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
17.5. Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
17.6. Effect of Contractor's Execution. Execution of this Agreement 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 performed, and has
taken into consideration these factors in submitting its Project Proposal and Scope of
Work.
17.7. Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
17.8. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
17.9. Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
17.10. Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
PACIFICORE CONSTRUCTION INC. Page 10
17.11. No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
17.12. Counterparts, This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
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PACIFICORE CONSTRUCTION INC. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNE 'S OFFICE A California mu Gcipal orporate
Date: S��£ia Date: J Z
By: %��I � By:
Aarbn C. Harp 1 Mark Harmo
City Attorney 1 (� Municipal Operations Director
ATTEST-
Date: ,)L
Date:
By: &I • hi&::�
Leilani I. Brown
City Clerk
CONSULTANT: PACIFICORE
CONSTRUCTION INC., a California
Corporation
Date:
Scot J. Austin
President
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Work/ Schedule
Exhibit B - Schedule of Billing Rates
PACIFICORE CONSTRUCTION INC. Page 12
EXHIBIT A
SCOPE OF WORKI SCOPE OF SERV ICES
Scope of Work
Replacement of an existing trellis shade structure that has been previously removed
due to dry rot.
Specifications
Project Name: Irvine Terrace Park Trellis Shade Structure Rebuild
Address: 721 Evita Dr, Newport Beach CA 92660
Existing Use: Shade Structure
Proposed Use: 305 Sq. Ft.
Type of Construction: Type VB 1 -Story
Occupancy Classification: Group U
Mixed Occupancy: No
Plans
All specifications and work shall conform to the plans included in this attachment.
A- 1IPage
A- 2IPage
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GENERAL REOUIREMENFG:
1. CONSTRUCTION SHALL CONFORM WITH ALL APP-
LICABLE LUILDING CODES C,B.0 2010 AIID
ALL OTHER APPLICABLE DROW.AKGES,
REGULATIONS. ORAMNOS, AND GENERAL
VOTES CGNTAINED HEREIN.
2. DP.A1'AtiCS ARE INTENDED TO SHOW DESIGN
INTENT AHD MATERIALS FOR ACCOMPLISHNG THE
WORK. MINER MODFICAlIP14 KAY BE REWIRED
TO SUIT THE JOB DIMENSIONS OR CONDITIONS AND
SHALL EE INCLUDED AS PART OF THE WORK.
1 WHERE NO S'ECIFIC DETAIL IS SHOWN , THE
FRAMING OR CONSTRUCTION SHALL BE
IDENTICAL OR SIMILAR TO THAT NCICATED FCR
LGE CAGES OF CONSTRUCTION OF THIS PROJECT.
4. IN NO CAS? SHALL WORKING ONENSIOKS BE
5CA.LLU FKUM FLANS StCIlUNS, (M JLIAILS UN
DRAWINGS.
5. IT SHALL BE THE CONTRACTORS REEPONSIBWTY
TO VERIFY ALL DINENSIOHS AND CONOITOCS
AT THE K)D SITE AND TO CROSS CHEC2 DIM -
ENSIGNS AND DETAILS SHOWN ON THE ARCHI-
TFCTURAI DRAVNNC,S WITH RFI ATFD RFOURF-
1UENTS OF THE STRUCTURAL MECHA'IICA_,
PNIM.RIIlG, AND FIFC'R1CA1 DRAVON(',9
6. ALL OMISSIONS AND IN ALL CASES WHERE A
CONFLICT MAY OCCUR EJCH AS BETNEEN ITEMS
COVERED IN GENERAL NOTES AND NOTES ON
DRAWINGS AND SPECIFIC DETAILS, TFE ARCHITECT
SHALL BE NOTFIED BY THE CONTRACTOR PMR
TO COVSTRUCTION, AND THE ARCHITECT MLL
INTERPRET THE INTENT OF -HE CONTRACT
DOCOVENTS, AND THE RESULTING ADDITIONAL
COSTS C -R CREDITS SHALL BE INCLUDED II THE
CONTRACTORS BASE ME,
2, TFE CONTRACTOR SHALL BE RESPONSIBLE FOR
MEANS, METHODS. - ECHMQUES, AND PRCCEDUREE
REO<JIRED FOIL ME F'EIi ORMANCE OF HIS OR HIS
STIRCCNTRACTCR'S WORK ct, ON, OR ABOUT THE
JCD SITE. THE CONTRACTOR SHALL MARE S'JRE
ALL ITEMS SPECIFIED ARE AVAILABLE AND CAN
BE PUTCHASED AND INSTALLED R77HIK THE
SCHEDJLE SPECIFIED. ANY ITEM NOT SO SHALL
BE BROUGHT TO THE A TENTION OF THE OY,14ER.
OR ARCHITECT PRICK TO SICNINC IN-- CONTRACT.
B, IR LESR FPECIFIED OR I^DICITED CN DRAWINGG
APPLY. INSTALL, CONNECT, ERECT, USE. CLEAN,
AND CONDITOH MAI.'OFACTI.IRED ARTIC1 S,
MATERIALS. AND ECUIPNENT IN ACCORDANCE WITH
MANUFACTURER'S CURRENT PRINTED RECOMMENOA-
TONS.
9. CLEAN W' U'AON COMPLETION, REMOVE ALL
SURPLUS MATERIAL, EOUIPMENT AND OESRS
INCIDENTAL -0 THIS WORT., AND LEAVE THE
PREMISES IN A'OROCV. CLEAN" CONDITION.
10 GUARANTIM THE CONTRACTOR SHALL DC
RESPONSIBLE TO REPLACE OR REMEDY ANY
FAU_TY. IMPROPER OR INFERIOR MATERIALS
OR WORKMANSHIP OR ANY DAMAGE TO OTHER
WORK RESULTING THEREFROM, WITHOU C05TS
TO THE OWNER. NHICH SHALL APPEAR WITH-
IN ONE YEAR AFTER THE COV.PLETIG, AND
ACCEPTANCE OF THE WORK 'UNDER THIS
CONTRACT. FXC,EPTON: CERTAIN TRADES
AND /OR MATERIALS REOUIRE A GUARANTEE
IN EXCESS OF THE A30VE. SEE REMAINDER
OF THESE GENERAL NOTES /SPECIFICATIONS
FOR F.XCEPTICTJS.
SCOPF OF WORK
ROYACC AN EXISTING TRELLIS STRUCTURE MAT IIAS
BEEN REMOVED BECAUSE OF DRYROF.
PROJECT INFORMATION
OMTER
ETTY CF NE'MORI OEMs
MFCRNIA
3300 NEVRORF BLTO.
IIDAPORT EEACH CA 92653
949 -444 -3200
PROJECT NAVC
IRMNE TERRACE PARK
ADDRESS:
ell tMIA Nmt
`ENPORT BEACH. CA
ENSTNS USE:
'HARE STRUCT6RE
PROPOSED USE:
SHALE STP,I:CTaE
BIILOING AREA
3C5 SF.
911ILDING CODE
SH0 CALIFODU oBUMNC CODE
2 010 DAUFMVA NEGdI':ICAL CODE
MO CAUFORNIA PLUMANC M2E
2"10 CAUFWNIA ELECNY:AL CODE
TTU_ 24 SATE OISAMUTY ACCESS REGJUIION
WE OF CCOSTRLCRON
TYPE MB CNE STORY
CCG 9XtiCY CLASSIPICAIDN:
MCA' U
DlNFO Y PANC,Y.
YES NO
I
Y
c.s /
FRAMING PLAN SCALE: i/4' =r -a' FLOOR PLAN SCALE :/4" =V -0'
A
I
2xd ATTACHED TO E%IENO 4.9 12°
TOP OF 46 WITH BEYON.O FACE OF
2 -16d EACH BEAM
T � SIMPSON ECCBB
® O
9x8 POST
L 5x5x5 /8"
WITH 2 -7/4 U-B. — r
EACH LEG CJ
-- ANGLE TO BE SHOP
1 } FABRICATED AND HOT
1 /8' BASE _ DIPPED GAAVANILEO
PLATE 1/2' OFFS --
FNISH SLwFACE
I d
a.
SARtUi F.Y!911NG
SLAB FOR NEW MDENGS
°u I.
o ' 4-g4 EACH WAY
6 3' -0' SQU ARE
SIMPSON HGAiO WITH
1 1/2' S'DS25 SCREWS
EACH SIDE OF 49
L� v SIMPSON COBB
COT AND REW'ELDEO
Q O TO ANGLE
STRAPS REWO4FO
77—AND REWELOEO TO
�1 BUCKET
6
Bx6 POST
ELEVATION TFHS CONNECTOR TO BE
REGALY. AFTER WELLING
J ALL BOLTS, CONNECTORS,
PLAN VIEW NAILS ARE TO BE HOT
® GIPPED GALVkt12E0.
ALL WOOD IS TO BE PAINIEO YdTH
A FB.NER SEALER AND iHEld T17O COATS
OF FLUSH EXTERIOR LATEX SEMI GLOSS
PAINT. COLOR TO LIATCH ExIS ➢AG.
® �I
CCO4 / CCOI LOCATE
PER FRAMING PLAY
0
C>
9'-0° A.F.F.
T � SIMPSON ECCBB
® O
9x8 POST
L 5x5x5 /8"
WITH 2 -7/4 U-B. — r
EACH LEG CJ
-- ANGLE TO BE SHOP
1 } FABRICATED AND HOT
1 /8' BASE _ DIPPED GAAVANILEO
PLATE 1/2' OFFS --
FNISH SLwFACE
I d
a.
SARtUi F.Y!911NG
SLAB FOR NEW MDENGS
°u I.
o ' 4-g4 EACH WAY
6 3' -0' SQU ARE
SIMPSON HGAiO WITH
1 1/2' S'DS25 SCREWS
EACH SIDE OF 49
L� v SIMPSON COBB
COT AND REW'ELDEO
Q O TO ANGLE
STRAPS REWO4FO
77—AND REWELOEO TO
�1 BUCKET
6
Bx6 POST
ELEVATION TFHS CONNECTOR TO BE
REGALY. AFTER WELLING
J ALL BOLTS, CONNECTORS,
PLAN VIEW NAILS ARE TO BE HOT
® GIPPED GALVkt12E0.
ALL WOOD IS TO BE PAINIEO YdTH
A FB.NER SEALER AND iHEld T17O COATS
OF FLUSH EXTERIOR LATEX SEMI GLOSS
PAINT. COLOR TO LIATCH ExIS ➢AG.
EXHIBIT B
SCHEDULE OF BILLING RATES
Attachment B:
Bid Proposal Pricing
For Bid proposals, Contractors shall bid based on the specifications provided in Attachment A. Bid
shall include materials, labor, any taxes and fees, insurance, etc.
Proposal: .516,009.0
- --._ . . .......
B-1 I Page
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Reach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 5 -02 -12 Dept. /Contact Received From: _ _ Raymund
Date Completed: 5 -09 -12 Sent to: Raymund By: Joel
Company /Person required to have certificate: Pacificore
Type of contract: All Other
I. GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 1 -27- 12/1 -27 -13
A.
INSURANCE COMPANY: Navigators Specialty Ins Co.
B.
AM BEST RATING (A-: VII or greater): A: X
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
N/A
F.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
® N/A ❑ Yes ❑ No
G.
COMPLETED OPERATIONS ENDORSEMENT (completed
❑ N/A ❑ Yes ® No
H.
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 3 -03- 12/3 -03 -13
A.
INSURANCE COMPANY: Mercury Casualty
B.
AM BEST RATING (A-: VII or greater) A +: XIII
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000 CSL
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?)
N/A
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II1. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 2 -01- 12/2 -01 -13
A. INSURANCE COMPANY: State Fund
B. AM BEST RATING (A-: VII or greater): Not Rated
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
5 -09 -12
Agent of Alliant Insurance Services Dal
Broker of record for the City of Newport Beach
® Yes
❑ No
® Yes
❑ No
1,000,000
® Yes
❑ No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non - admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ® Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management
* Subject to the terms of the contract.