AGENDA
ITEM
18 AGENDA
CALEXICO California ITEM
AND MEXICO MEET
18 CITY COUNCIL
AGENDA STAFF REPORT
DATE: March 6, 2024
Mayor and City Council
REVIEWED BY: Sandra L. Fonseca, Interim Finance Director SA PREPARED BY: Liliana Falomit, Public Works Manager-Administrative all Renovation of Calexico Fire Station No. 2:
Award Bid Proposal from A&N Quality Builders in the amount of $966,559.00.
Reject Bid Proposals from RA3 Engineering & Construction, Andrade Construction and California Contractor due to Non- Responsive Bid.
Authorize the City Manager to sign Construction Agreement between the City of Calexico and A&N Quality Builders in the amount of $966,559.00 for Renovation of Calexico Fire Station No. 2.
Authorize City Manager to Approve Any Future Change Orders Not- To-Exceed $48,328.00 (5% of A&N Quality Builders Base Bid) as Per City Ordinance No. 1218.
Recommendation:
It is recommended that the City Council approve the following items:
1. Award Bid Proposal from A&N Quality Builders in the amount of $966,559.00.
2. Reject Bid Proposals from RA3 Engineering & Construction, Andrade Construction and California Contractor due to Non-Responsive Bid.
Authorize the City Manager to sign Construction Agreement between the City of Calexico and A&N Quality Builders in the amount of $966,559.00 for Renovation of Calexico Fire Station No. 2
4. Authorize City Manager to Approve Any Future Change Orders Not-to-Exceed $48,328.00 (5% of A&N Quality Builders Base Bid) as Per City Ordinance No. 1218.
Background:
Fire Station #2 was built in 1989 and is located in the western portion of the City at 900 Grant Street. Fire Station #2 can house one (1) triple combination engine and one (1) triple combination reserve engine with a minimum staff of three (3) assigned at the station.
Portions of the building are no longer habitable due to continued deterioration inside of the building; therefore, the City intends to rehabilitate Fire Station #2 to make it habitable and operational for fire personnel.
On January 17, 2024, the City Council of the City of Calexico authorized the City Manager to sign Agreement of Professional Services between the City of Calexico and The Holt Group, Inc. in the Amount of $112,500.00 for Preparation of Building Assessment and Improvement Report and Documents and Construction Management of Fire Station #2 Rehabilitation Project.
On January 24, 2024, the City Council approved the bid documents for the Renovation to the Calexico Fire Station #2 and authorize The Holt Group, Inc. to send the project out to bid.
Discussion and Analysis:
On January 31, 2024, the Public Works Department began requesting bid proposals from qualified vendors for the renovation of Calexico Fire Station No. 2. On February 29, 2024 at 2:00p.m. the Office of the City Clerk received the following five (5) bids:
# Company Amount Comment
1 RA3 Engineering & Construction $822,919.00 Non-Responsive Bid 2 Andrade Construction $868,677.90 Non-Responsive Bid
3 California Contractor $892,639.00 Non-Responsive Bid
A&N Quality Builders $966,559.00
5 WakeCo Inc. $1,121,000.00
The Holt Group, Inc. and City staff reviewed and evaluated all bids received. Based on The Holt Group, Inc. evaluation lettered dated March 1, 2024, it is recommended that the City Council of the City of Calexico award the bid proposal and authorize the City Manager to sign a construction agreement with A&N Quality Builders for the Renovation of Calexico Fire Station No. 2.
Fiscal Impact:
Capital Improvement Program Budgeted Item for FY 2023-2024
REVENUE
Fund No. 411-91-926-56003-000 (Successor Agency) $403,151.00 Fund No. 840-91-926-56003-000 (CDBG Funds) $611,736.00
Total $1,014,887.00
EXPENDITURE
Construction Services $966,559.00
2 5% Contingency $48,328.00
Total $1,014,887.00
Coordinated With:
City Manager's Office.
Public Works Department.
Fire Department.
The Holt Group, Inc.
Attachments):
1. The Holt Group, Inc. letter dated March 1, 2024.
Draft Notice of Award.
3. Draft Construction Agreement.
3 ATTACHMENT NO. 1
The Holt Group, Inc.
Engineering Department
• Municipal Design Infrastructure Engineering Construction Management March 1, 2024
Ms. Esperanza Colio Warren
City Manager
City of Calexico
608 Heber Avenue
Calexico, California
92231
Re: Bid Opening for City of Calexico - Renovations to Calexico Fire Station Number 2 - THG Project Number 176.046
Dear Ms. Warren,
The Bid Opening for the City of Calexico - Renovations to Calexico Fire Station Number 2 occurred at Calexico City Hall on Thursday, February 29th, 2024. A total of five bids were submitted for the project. The bids received are listed below:
1. RA3 Engineering & Construction $822,919.00
2. Andrade Construction $868,677.90
3. California Contractors $892,639.00
4. A & N Quality Builders $966,559.00
5. WakeCo Construction $1,121,000.00
A portion of the funding for this project is being provided by the California Department of Housing and Community Development (HUD) through its Community Development Block Grant (CDBG) and therefore this project is subject to the rules and regulations of the Housing and Community Development Act of 1974 and all amendments thereof. After the Bid Opening it was requested a review of the bids be conducted for compliance with the HUD and State of California requirements. The results of the bid review are contained on the Evaluation of Bid Spreadsheet attached to this bid review and recommendation letter.
According to Business and Professions Code section 7057(b), a "B" contractor cannot take any subcontract (a subcontract is when the "B" contractor does not have a direct contractual relation with the owner of the property for any single trade project (excluding framing and carpentry), unless he/she hold the required specialty license classification. For example, a "B" contractor may take a prime contract (contract directly with the owner of the property) to roof a building without having a C-39 Roofing License, however the "B" contractor is required to subcontract the roofing work to a licensed C-39 roofing contractor.
Scope of Work Item D on plan sheet A-1 requires the Contractor engage an Environmental Assessment firm to determine the extent of mold and other contaminants which may be present in the Building. All identified hazardous materials and all drywall and insulation are to be removed and disposed of. To complete this work the contractor is to possess a Hazardous Page | 1
Substance Removal Certification or engage a subcontractor with a Hazardous Substance Removal Certification.
In accordance with Instruction for Bidders Article 24.01, the contractor is to list all subcontractors participating in the project with compensation in an amount in excess of one-half of one percent of the contractor's total bid. The subcontractors were to have been listed on Item 11, Tabulation of Subcontractors, on the Bid Form.
The second sentence of Instruction to Bidders Section 19.06 states, "The Award shall be made to the lowest, responsive, responsible Bidder. The lowest responsive, responsible bidder shall be determined by: (1) lowest overall cost to the owner, (2) evaluation of Bidder's experience and, (3) a Bidder's proposal that complies with all of the requirements prescribed in this document." The submitted bids were reviewed based upon the requirements of Instruction for Bidders Article 19, "Evaluation of Bids and Award of Contract.
Following is a brief summarization of the submitted Contractor Bid Acceptability or Contractors failure to comply with Bidding Requirements:
1. RA3 Engineering and Construction
The Contract Document "Advertisement for Bid" and "Instruction to Bidders" Article 8 - Bid Security required the Bid to include a Bid Security. Article 8.01 states, "A Bid must be accompanied by a Bid Security made payable to the Owner in the amount of ten percent (10%) of the Bidder's maximum Bid price and in the form of a certified check or a Bid Bond (Contract Document Section 00430) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.
RA3's Bid did not include Bid Security. RA3's Bid was non-responsive. It is therefore recommended that the RA3 Engineering and Construction Bid be rejected.
2. Andrade Construction
Andrade Construction did not include Hazardous Substance removal capabilities in the bidder qualification statement and does not possess a Hazardous Substance removal certification. It is apparent that Andrade Construction is not capable of completing the hazardous substance removal and remediation work for this project. Andrade Construction did not list a subcontractor to complete the Hazardous Substance removal and remediation work. The hazardous substance removal and remediation work is clearly of a value greater than ½ of 1 percent of Adrade's bid amount. The hazardous substance removal and remediation work is a critical component to the completion of the project. Unless Andrade Construction intends to complete the hazardous substance removal and remediation work for this project with no Hazardous Substance Certification; then it would appear it intends to use a subcontractor capable of performing this work. If Andrade Construction intends to use a subcontractor for this work then the subcontractor should have been listed on the bid document subcontractor list.
It is recommended that Andrade Construction's Bid be rejected as being non-responsive for either one of two reasons. The first reason is that Andrade Construction does not appear to be qualified to complete the hazardous substance removal and remediation work. The second reason is that if Andrade Construction does not intend to complete the hazardous substance removal and remediation work then a subcontractor was to have Page | 2
been listed to complete the work. A subcontractor to complete the work was not included on bid form list of subcontractors.
3. California Contractors
California Contractors only listed one (1) subcontractor on the Bid Form - Tabulation of Subcontractors. California Contractors listed only a Roofing Subcontractor. California Contractors possesses a "B" Contractors License but does not possess an Electrical C- 10 license, Plumbing C-36 license or HVAC C-20 license. An Electrical C-10 licensed contractor, Plumbing C-36 licensed contractor and HVAC C-20 license contractor are needed to complete the work for this project and each of the prior noted trades will have a cost greater than ½ of 1 percent of California Contractors Bid Amount. Similar to Andrade Construction, California Contractors does not possess a Hazardous Substance Certification and did not list a Subcontractor to complete the Hazardous Substance Remediation Work. California Contractors Bid is considered as non-responsive for the above listed reasons. It is recommended that California Contractors Bid be rejected.
4. A & N Quality Builders
A & N Quality Builders Bid Form was reviewed and is in compliance with all Bid requirements as stipulated in the Advertisements for Bids and Instruction for Bidders Sections of the Contract Documents. All Addendum's were acknowledged, subcontractors were listed with DIR and Sam.Gov numbers, Bid Bond accompanied the bid and all other items as included on the Evaluation of Bids Spreadsheet were satisfactorily complied with. A & N's Bidders Qualification Statement demonstrates it possesses the experience and capabilities to complete the Fire Station Number 2 Renovation Project.
A & N has submitted the lowest, responsive, responsible bid. It is therefore recommended that A & N Quality Builders be awarded the construction contract for the City of Calexico Renovations to Calexico Fire Station Number 2 in the amount of $966,559.00.
Please contact me if questions arise with regard to the bid review.
Sincerely,
Jack" Holt, P.E.
Co: Lilliana Falomir, Public Works Manager - Administrative Guillermo Sillas, P.E., Public Works Manager
Tim Holt, A.I.A., Project Architect, The Holt Group, Inc.
Shane Goff, Assistant Project Manager, The Holt Group, Inc.
Attachments: Bid Evaluation Spread Sheet
Page | 3
City of Calexico - Park Renovations to Calexico Fire Station No. 2 THG No. 176.046
Evaluation of Bids for Conformance
Bid Opening on February 29, 2024 AT 2:00 PM at Calexico City Hall Date: February 29, 2024
Bidders A&N Quality Builders WakeCo, Inc.
Bidder State License No. 1060541 1086958
Bid Amount $966,559.00 $1.121,000.00
Received by Bid Date and Time, Signed and Sealed
Bid Form Submittal 00410
Addendum Acknowledgement
Basis of Bid - Schedule of Values Completed 00410.
Submittal of Non Collusion Affidavit 00420
Submittal of Bid Bond 00430
Submittal of Compliance Statement / Certification of Non-Segregated Facilities 00440
Submittal of Federal and State Contract Language Inclusion - January 1, 2014 - Exhibit "A) - 00451
Submittal of Certification Regarding Debarment (page 15 of 00451) Submittal of Certification for Contracts, Grants and Loans 00460 Submittal of Certification Regarding Worker's Compensation Insurance 00470
Submittal of Tabulation of Subcontractors 00480
A Tabulation of Subcontractors with Names, Addresses, and Yes - 51.1% Percentage of Subcontractor Participation
Submittal of Reguired Bidder Qualifications Statement 00490 YES Bidders Qualification Met
Submittal of Tabulation of Major Material Suppliers 00500 YES Submittal of DBE Program Forms 4500-3 & 4500-4 Not Applicable Not Applicable Good Faith Effort Met Not Applicable. Not Applicable
General Contractor in Good Standing of Contractor License in CA 'YES YES
YES YES
YES -YES
YES YES
YES
CLEAR CLEAR
Sub-Contraciors Status with Department of industrial Relations ONE SUB-CONTRACTOR NOT CLEAR™ Induded Licensed Roofing Sub-Contractor or Contract has a C-39 ACTIVE. "YES Roofing License
NO
Certification
General Contractor/Sub- Contractor listed on State of Califomia CLEAR CLEAR" CLEAR™ Debarment List.
ATTACHMENT NO. 2
City of Calexico - Renovations to Calexico Fire Station No. 2 Project
14. NOTICE OF AWARD
Dated:
Project: Owner: Owner's Contract No.:
Renovations to Calexico Fire Station No. 2 City of Calexico Project 608 Heber Avenue
Calexico, CA 92231
Contract: Engineer's Project No.:
176.046
Bidder:
Bidder's Address (send Certified Mail, Return Receipt Requested):
You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for the construction of the City of Calexico - Renovations to Calexico Fire Station No. 2 Project.
The Contract Price of your Contract is
Dollars ($.
You must comply with the following conditions within ten (10) days of the date you receive this Notice of Award.
1. Deliver to the Owner four (4) fully executed counterparts of the Contract Documents.
2. Delicate as spe tied int Constractions to midter (Arice 20), and aeneral Cent Bons (aragraph 550)e Failure to comply with these conditions within the time specified will entitle the Owner to consider you in default, annul this Notice of Award and declare your Bid Security forfeited.
Withierpan 01)he conter ou umply with the above conditions, the Owner will return to you one (1) fully executed You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
City of Calexico
(Owner)
(Authorized Signature)
(Title)
Notice of Award
00510 - 1
City of Calexico - Renovations to Calexico Fire Station No. 2 Project 14A. ACCEPTANCE NOTICE
Receipt of above NOTICE OF AWARD is hereby acknowledged By (Type or print Contractor's Name)
this the day of
By:
(Authorized Signature)
(Title)
(Type or print name)
State of }
County of }
On _ before me,
Notary Public, personally appeared
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Acceptance Notice
00510 - 2
ATTACHMENT NO. 3
City of Calexico - Renovations to Calexico Fire Station No. 2 Project
15. AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
FUNDING AGENCY EDITION
THIS AGREEMENT is by and between City of Calexico ("Owner") and
"Contractor").
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
TABLE OF ARTICLES Page
Agreement 00521-1
Article 1-Work 00521-1
Article 2-The Project 00521-1
Article 3-Engineer 00521-1
Article 4-Contract Times 00521-2
Article 5-Contract Place 00521-2
Article 6-Payment Procedures 00521-2
Article 7-Interest 00521-4
Article 8-Contractor's Representatives 00521-4
Article 9-Contract Documents 00521-4
Article 10-Miscellaneous 00521-6
ARTICLE 1 - WORK
1.01 The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:
City of Calexico - Renovations to Calexico Fire Station No. 2 Project ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:
City of Calexico - Renovations to Calexico Fire Station No. 2 Project ARTICLE 3 - ENGINEER
3.01 The Project has been designed by The Holt Group, Inc. (Design Engineer). The Owner will have a Construction Manager for this project, who is to act as the Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to the Engineer in the Contract Documents for the construction phase in connection with the completion of the Work, except for modifying the project deign or plans and specifications. The Construction Manager shall act as the Engineer during the construction phase as specified elsewhere in the Contract Documents. The Design Engineer will only be involved for the design related clarifications and changes required as requested by the Owner.
Agreement
00521 - 1
City of Calexico - Renovations to Calexico Fire Station No. 2 Project ARTICLE 4 - CONTRACT TIMES
4.01 Time is of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Final Completion
A. The Work will be completed and ready for Final Payment within two hundred twenty two 222) calendar days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
4.03 Liquidated Damages
A. The Contractor and the Owner recognize that time is of the essence for this Agreement and that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty), the Contractor shall pay Owner $10,000.00 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A and
5.01.B below:
A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph
5.01.B:
B. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph
11.03 of the General Conditions. Lump Sum prices and bids will require the Contractor preparing anc submitting a breakdown of costs for each major item of work, the sum of which equals the Total Bic Amount. The breakdown of costs is to be submitted and approved by the Engineer.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be reviewed, approved, and processed by the Construction Manager as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. The Owner shall make progress payments on account of the Contract Price on the basis of the Contractor's Applications for Payment on or about the 20th day of each month during performance of the Agreement
00521-2
City of Calexico - Renovations to Calexico Fire Station No. 2 Project Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the Schedule of Values established as provided in Paragraph 2.07.A of the General Conditions.
1. Prior to Substantial Completion, Progress Payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as the Engineer may determine or the Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions:
a. Ninety-five percent (95%) of Work completed (with the balance being retainage); and b. Ninety-five percent (95%) of cost of materials and equipment not incorporated in the Work (with the balance being retainage).
2. Upon Substantial Completion, the Owner shall pay an amount sufficient to increase total payments to the Contractor to ninety-five percent (95%) of the Work completed, less such amounts as the Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions.
6.03 Final Payment
A. Upon receipt of the final Application for Payment accompanied by the Engineer's recommendation of payment in accordance with Paragraph 14.07 of the General Conditions, the Owner shall pay the Contractor as provided in Paragraph 14.07 of the General Conditions the remainder of the Contract Price as recommended by the Engineer as provided in said Paragraph 14.07, less any sum the Owner is entitled to set off against the Engineer's recommendation, including but not limited to liquidated damages ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at eight percent (8%) per annum.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce the Owner to enter into this Agreement the Contractor makes the following representations:
A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.
B. The Contractor has visited the Site and become familiar with and is satisfied as to the General, Local, and Site Conditions that may affect cost, progress, and performance of the Work.
C. The Contractor is familiar with and is satisfied as to all Federal, State, and Local Laws and Regulations that may affect the cost, progress, and performance of the Work.
D. The Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (Surface, Subsurface, and Underground Facilities) at or contiguous to the Site which may affect the cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto.
Agreement
00521 - 3
City of Calexico - Renovations to Calexico Fire Station No. 2 Project E. The Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.
F. The Contractor is aware of the general nature of work to be performed by the Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
G. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
H. The Contractor has given the Owner written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the Owner is acceptable to the Contractor.
The Contract Documents are generally sufficient to indicate and convey a clear understanding of all terms and conditions for the performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 7, inclusive).
2. Performance Bond (pages _ to , inclusive).
3. Payment Bond (pages _to_ , inclusive).
Other bonds (pages , inclusive).
a. (pages to , inclusive).
b. (pages to , inclusive).
c. (pages to , inclusive).
5. General Conditions (pages _ _to_ _ inclusive).
6. Supplementary Conditions (pages. , inclusive).
7. Technical Conditions (pages _, inclusive).
8. Special Conditions (pages _ to inclusive).
9. Specifications as listed in the Table of Contents of the Project Manual.
10. Drawings consisting of. _ sheets.
11. Addenda (numbers _, inclusive).
12. Exhibits to this Agreement (enumerated as follows):
Agreement
00521 - 4
City of Calexico - Renovations to Calexico Fire Station No. 2 Project a. The Contractor's Bid (pages _to _ inclusive).
b. Documentation submitted by the Contractor prior to the Notice of Award (pages _ _, inclusive).
Federal and State Contract Language Inclusion - January 01, 2014 - Exhibit 'A'
13. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:
a. Notice to Proceed (pages _to _ → inclusive).
b. Work Change Directives (pages _ _to _ _, inclusive). c. Change Order(s).
B. The documents listed in Paragraph 9.01.A are attached to this Agreement.
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph
3.04 of the General Conditions.
E. Contractor represents and warrants that it and its subcontractors are not ineligible to work for the Owner due to violations of Labor Code Sections 1777.1 and 1777.7.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without imitation, moneys that may become due and moneys that are due may not be assigned without sucl consent (except to the extent that the effect of this restriction may be limited by law), and unles specifically stated to the contrary in any written consent to an assignment, no assignment will release or lischarge the assignor from any duty or responsibility under the Contract Documents
10.03 Successors and Assigns
A. The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Owner and the Contractor, who agree that the Contract Documents shall be reformed to replace Agreement
00521 - 5
City of Calexico - Renovations to Calexico Fire Station No. 2 Project such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Prevailing Wage
A. Notice is hereby given that, pursuant to 1773 of the Labor Code of the State of California, the Owner has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of worker required to execute the Contract. A copy of said prevailing rate of per diem wages is on file in the principal office of the Owner, to which reference is hereby made for further particulars.
Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at each site.
IN WITNESS WHEREOF, the Owner and the Contractor have signed this Agreement in four (4) copies. One (1) counterpart each has been delivered to the Owner, the Contractor, the Engineer, and the Agency. All portions of the Contract Documents have been signed, initialed, or identified by the Owner and the Contractor or identified by the Engineer on their behalf.
Agreement
00521 - 6
City of Calexico - Renovations to Calexico Fire Station No. 2 Project This Agreement is dated_ - This Agreement shall not be effective unless and until the Agency's designated representative concurs.
OWNER: City of Calexico CONTRACTOR:
By: By:
Title: Title:
[CORPORATE SEAL] [CORPORATE SEAL]
Attest: Attest:
Title: Title:
Address for giving notices: Address for giving notices:
Agent for service of process:
(If Contractor is a corporation or a partnership, attach evidence of authority to sign.)
Agency Concurrence:
As lender or insurer of funds to defray the costs of this Contract, and without liability for any payments there under, the Agency hereby concurs in the form, content, and execution of this Agreement.
Agency: By:
Date: Title:
Agreement
00521 - 7