ATTACHMENT B
CONSTRUCTION AGREEMENT
1 Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061
CONSTRUCTION AGREEMENT
BY AND BETWEEN
THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND
BOB WALTERS JR. CONSTRUCTION INC.
FOR
BUILDING 686 INTERIOR RENOVATIONS,
PROJECT CC24-061
THIS CONSTRUCTION AGREEMENT (the “Agreement”) is made and entered into by and between the Southern California Logistics Airport Authority, a joint powers authority located in the County of San Bernardino, State of California, hereinafter referred to as “SCLAA”, and Bob Walters Jr. Construction Inc., a California corporation, hereinafter referred to as the “Contractor”.
The SCLAA and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the SCLAA requires Building 686 Interior Renovations, Project CC24- 061 (the “Project”); and
WHEREAS, in light of the facts set forth above, the SCLAA desires to retain Contractor in connection with Building 686 Interior Renovations.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence within Fifteen (15) Calendar Days after issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project Sixty (60) Calendar Days after Commencement Date (the “ Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination. 2 Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contract Documents are intended to be correlative and constitute Contractor’s perf ormance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Notice Inviting Bids for the Project.
4. Specifications for the Project.
5. Special Provisions.
6. List of Subcontractors.
7. Faithful Performance and Payment Bonds
8. Non-Collusion Affidavit.
9. Guaranty.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection
4.a above shall control.
Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount, not to exceed Three Hundred Eighty- five Thousand Six Hundred and 00/100 Dollars ($385,600.00) , as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the SCLAA, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the Contract Documents and to the satisfaction of C. Eric Ray, Airport Director, or his designee, to wit: See Exhibit “A”, Scope of Work.
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Section 7. BID PROPOSAL FORMS
The SCLAA shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the SCLAA, when applicable.
Section 8. PREVAILING WAGES
a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the SCLAA has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Contractor and its subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, Building 686 Interior Renovations, and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Contractor shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.
b. Designation as Contractor Not Determinative. For purposes of this Agreement, Contractor and its subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Contractor.
c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Section.
d. Payroll Records. Contractor and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq . (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations. Contractor and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the 4 Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061
actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and
(b) Contractor or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the SCLAA, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Contractor or subcontractor has ten days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten-day period, Contractor or subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
(4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the SCLAA . Payment of the invoice may be delayed when payroll-related documents and/or lien releases are not included with the invoice.
e. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
f. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.
g. Other Labor Requirements . Contractor has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq ., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor shall require the same of all its subcontractors.
h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
(1) Pursuant to Labor Code section 1775, the Contractor and any subcontractor under it shall forfeit as a penalty to the SCLAA not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by 5 Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061
any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
(2) Pursuant to Labor Code Section 1813, Contractor or subcontractor shall, as a penalty to the SCLAA, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR.
j. DIR Registration . Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project.
Section 9. WORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the SCLAA.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the SCLAA. Contractor shall commence work pursuant to the Contract Documents as directed by the SCLAA in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
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Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers , board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, commercial general liability insurance at least as broad as Form CG 00 01, of not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, pollution liability insurance of not less than One Million Dollars ($1,000,000).
Section 13. RESERVE
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the SCLAA, the City of Victorville and their officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the Authority Legal Counsel, are named as Additional Insureds.
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the SCLAA, the City of Victorville and their officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
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Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the Authority Secretary certificates of said insurance at least ten (10) days prior to the commencement of any work to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the SCLAA shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the SCLAA of such termination or expiration.
d. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the SCLAA, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the SCLAA, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
e. If the Contractor maintains broader coverage and/or higher limits than the minimums, the SCLAA requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the SCLAA.
POLLUTION LIABILITY
Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the SCLAA, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise 8 Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061
from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the SCLAA its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the SCLAA, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the SCLAA, its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the SCLAA, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the SCLAA, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the SCLAA, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to the SCLAA;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
Section 19. REPORTS
Upon request by C. Eric Ray, Airport Director, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enabl e C. Eric Ray, Airport Director , or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance 9 Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061
with generally accepted accounting principles.
c. C. Eric Ray, Airport Director, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to C. Eric Ray, Airport Director, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the SCLAA and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and Agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement and the Contract Documents.
c. No Agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.
Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
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To the SCLAA: C. Eric Ray, Airport Director
Southern California Logistics Airport Authority
18374 Phantom West
Victorville, CA 92394
To Contractor: Robbie Heinly, Operations Manager
Bob Walters Jr. Construction Inc.
15000 7
th St., Suite 202A
Victorville, CA 92395
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 25. NON-LIABILITY OF THE SCLAA OFFICERS AND EMPLOYEES
No officer or employee of the SCLAA shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the SCLAA or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents.
Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
Section 27. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the SCLAA, except those losses or damages as may be caused by the SCLAA’s own negligence. The performance of the work by Contractor or the payment of money by the SCLAA shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the SCLAA, when such inaccuracies are due to the negligence of Contractor.
Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Agreement may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of 11 Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061
the SCLAA, which may be withheld in the SCLAA’s sole discretion since the experience and qualifications of Contractor were material considerations for this Agreement.
Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 33. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the ex ercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 35. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the Parties to this Agreement concerning this Agreement or the rights and duties of either in relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the SCLAA, until signed by the authorized representative(s) of Consultant, approved by the Authority Risk Manager, and executed by the authorized the SCLAA personnel or Authority Chairman.
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Section 37. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 38. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
SOUTHERN CALIFORNIA LOGISTICS BOB WALTERS JR. CONSTRUCTION INC.
AIRPORT AUTHORITY
By:_________________________________ By:_________________________________ Elizabeth Becerra, Robbie Heinly,
Authority Chairman Operations Manager
Dated:______________________________ Dated:______________________________
ATTEST
By:__________________________________
Jennifer Thompson,
Authority Secretary
Date:________________________________
SOUTHERN CALIFORNIA LOGISTICS
AIRPORT AUTHORITY
By:________________________________
Sandra Bostick,
Authority Risk Manager
Dated:______________________________
APPROVED AS TO STANDARD FORM:
By:
Andre de Bortnowsky,
Authority Legal Counsel
Dated:
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EXHIBIT A
SCOPE OF WORK
SCLAA agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and to do the Work for the Project. The Work shall be performed in accordance with: (i) the Specifications and applicable Addenda (as generally described in the Request for Bid, f or the Project CC24-061, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the Authority Secretary); and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B").
SEE ATTACHMENT
ADDENDUM No.1
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY CC24-061 BUIDLING 686 INTERIOR RENOVATIONS
Scope of Work
This project involves the demolition of approximately 7,000 sq. ft. of office spaces, bathrooms, mechanical rooms, (Exhibit C-1). This project involves abating approximately 554 sq. ft. of asbestos containing material in accordance with the asbestos survey (Exhibit A). The Contractor shall demolish approximately 121 linear feet of 8” x 16” x 8” Concrete Masonry Unit (“CMU”) wall, approximately 12’ tall (Exhibit C-1). The Contractor shall remodel one office and two restrooms (Exhibit D-1). The Contractor shall relocate all electrical, water, sewer and cap any utility not in use. Removal of asbestos-containing material (“ACM”) must be performed by a licensed (Contractor’s State License Board) and registered (CAL/OSHA) asbestos abatement contractor. The Contractor shall be responsible for all costs related to the legal removal of all asbestos containing materials. A hazardous waste manifest must be produced for proper disposal and Southern California Logistics Airport Authority (“SCLAA”) shall review and sign the manifest. The Contractor shall transport all demolished materials at the end of each work week to avoid materials accumulating on-site and provide SCLAA with a weight ticket. The Contractor shall dispose of all materials and debris in accordance with Federal, State and local regulations, except for CMU wall materials. The Contractor shall stockpile CMU material and SCLAA will haul away. The Contractor shall be responsible for verifying all square footage and dimensions prior to bid submittal. This project shall be scheduled to be completed within 60 working days.
Bid Schedule 100 West Section
The Contractor shall abate all ACM noted in the attached asbestos survey in accordance with federal, state, and local regulations (Exhibit A). The Contractor shall dispose of all ACM in accordance with federal, state and local regulations. The Contractor shall demolish approximately 1,500 sq. ft. of one office and two mechanical rooms. The Contractor shall remove and dispose of all machinery and ducting in the mechanical rooms. Protect in place the women’s restroom approximately 100 sq. ft. and electrical panel shown in Exhibit D-1. The Contractor shall remove approximately 15 linear feet of ducting from mechanical room to ceiling, not to exceed beyond the 90-degree bend (Exhibit C-1 and Exhibit B-2). The Contractor shall remove and install four metal doors and one metal double door noted on Exhibit C-1. The Contractor shall install two bollards around electrical panels (Exhibit C-1). The Contractor shall be responsible for verifying all square footage and dimensions prior to bid submittal.
ADDITIVE ALTERNATE: The Contractor shall remove approximately 670 lineal feet of ducting on the west side of building 686 (Exhibit E). The SCLAA reserves the right to award a contract with or without the inclusion of this item, at its sole discretion.
Bid Schedule 200 Southeast Section
The Contractor shall abate all ACM noted in the attached asbestos survey, in accordance with federal, state, and local regulations (Exhibit A). The Contractor shall dispose of all ACM in accordance with federal, state and local regulations. The Contractor shall demolish approximately 2,100 sq. ft of office space, one restroom, one mechanical room and protect in place one restroom approximately 120 sq. ft. and one office space approximately 180 sq. ft. (Exhibit D-1). The Contractor shall remove and dispose of all machinery and ducting in the mechanical rooms. The Contractor shall remodel one office space. The Contractor shall remove and dispose of three light fixtures, furnish and install one light fixture in the office to be remodeled (Exhibit D-1). The Contractor shall prep walls and floors and shall paint walls white. The Contractor shall remove all ducting from the mechanical room to the ceiling and cut flush to the ceiling (Exhibit C-1, Exhibit B-1). The Contractor shall remove and install two metal doors noted on Exhibit C-1. The Contractor shall relocate electrical and safe end any electrical EXHIBIT A, PROJECT CC24-061
15/Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061 not in use. The Contractor shall be responsible for verifying all square footage and dimensions prior to bid submittal.
Bid Schedule 300 Northeast Section
The Contractor shall abate all ACM noted in the attached asbestos survey, in accordance with federal, state, and local regulations (Exhibit A). The Contractor shall dispose of all ACM in accordance with federal, state and local regulations. The Contractor shall demolish and dispose of approximately 3,400 sq. ft. of office space structures. The Contractor shall demolish approximately 121 linear feet of 8” x 16” x 8” CMU wall, approximately 12’ tall (Exhibit C-1 and Exhibit B). CMU wall material shall be stockpiled for SCLAA to haul away. The Contractor shall protect in place the electrical panel and install two bollards to protect electrical panel. The Contractor shall remove and install one metal door and one metal double door noted on Exhibit C-1.
ADDITIVE ALTERNATE: The Contractor shall remove approximately 455 lineal feet of ducting on the east side of Building 686 (Exhibit E). The SCLAA reserves the right to award a contract with or without the inclusion of this item, at its sole discretion.
Bid Schedule 400 West Section Restroom Renovation
The Contractor shall renovate the west section women’s restroom (Exhibit D-1). The Contractor shall remove and dispose of the 11 ft by 9 ft tall sheet rock wall shown on Exhibit D-1. The Contractor shall extend the sheetrock wall approximately 8 ft by 9 ft tall to enclose the women’s restroom (Exhibit D-1). The Contractor shall remove all wall tiles and floor tiles and replace them with new SCLAA approved wall tiles from the floor to a height of four feet in compliance with ADA regulations. The Contractor shall remove and dispose of one sink, one toilet, one door and a bathroom stall. The Contractor shall protect in place drop down ceiling. The Contractor shall provide and install one new ADA door and door hardware. ADA door hardware such as handles, pulls, latches, locks and other operable parts shall have a shape that is easy to grasp with one hand and does not require tight grasping, pinching or twisting of the wrist to operate. Operable parts shall be located 34”-48” above the floor. The Contractor shall provide and install one ADA toilet with a wall to the side and rear of the toilet. The centerline of the toilet shall be 16” minimum to 18” maximum from the side wall. Clearance around the toilet of 60” minimum measured perpendicular from the sidewall and 56” minimum measured perpendicular from the rear wall shall be provided. This clearance is permitted to overlap the water closet, grab bars, paper dispensers, turning space and clear floor space at other fixtures. Other fixtures or obstructions are not allowable in this clearance area. The height of water closet seats shall be 17” minimum and 19” maximum above the floor measured to the top of the seat. Flush controls shall be operable with one hand and installed 36” maximum above the floor and located on the open side of the water closet. The Contractor shall install one ADA compliant urinal noted on Exhibit D-1. The Contractor shall install ADA compliant grab bars. Grab bars shall be provided on the rear wall and on the side wall closest to the water closet. Side wall grab bars shall be 42” minimum in length, located 12” maximum from the rear wall and extending 54” for the rear wall.
Rear wall grab bars shall be 36” minimum in length and extend from the centerline of the water closet 12” minimum on the side closest to the side wall and 24” minimum on the transfer side.
Spacing between the wall the grab bar shall be 1 ½”. Grab bars, fasteners and supporting structure need to withstand 250 lbs. of vertical or horizontal pressure. The Contractor shall install one ADA compliant ceramic sink. The front height of lavatories and sinks shall be 34” maximum above the floor measured to the higher of the rim or counter surface. Faucets shall be operable with one hand and shall not require tight grasping, pinching or twisting of the wrist.
Exposed water supply and drainpipes under lavatories and sinks shall be insulated or otherwise configured to protect against contact. There shall be no sharp or abrasive surfaces under lavatories and sinks. The space below the sink between the floor and 9” vertical, requires a toe clearance of 17” deep and 30” wide. The space between 9” and 27” above the floor, 11” deep at 9” above the floor and 8” deep at 27” above the floor and 30” wide is required for knee clearance.
EXHIBIT A, PROJECT CC24-061
16/Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061 A Clear Floor Space in front of the sink positioned for forward approach shall be provided with 48” minimum approach length and 30” minimum width. The Contractor shall install one ADA compliant mirror above sink. Mirrors located above lavatories, sinks or counters shall be mounted with the bottom edge of the reflecting surface 40” maximum above the floor. Mirrors not located above lavatories, sinks or counters shall be mounted with the bottom edge of the reflective surface 35” maximum above the floor. Toilet room floor finish materials shall have a smooth, hard, nonabsorbent surface. The intersection between the floor and the walls shall have a vertical nonabsorbent base, such as ceramic tile or vinyl, that extends upward a minimum of 4” onto walls. Walls and partitions within 2’ of sinks, urinals and water closets shall have a smooth, hard, non-absorbent surface to a height of not less than 4’ above the floor. Materials on these walls shall be of a type that is not adversely affected by moisture. Grab bars, paper dispensers, soap dispensers and other items provided on walls shall be installed and sealed to protect structural elements from moisture. The Contractor shall cap any water and sewer lines no longer in use. The Contractor shall prep and paint walls white. The paint shall be supplied by The Contractor.
Bid Schedule 500 East Section Restroom Renovation
The Contractor shall renovate the east section men’s restroom (Exhibit D-1). The Contractor shall remove and dispose of 6 ft by 10 ft tall sheet rock wall, three toilets, bathrooms stalls, two urinals, one walk-in door and three sinks. The Contractor shall protect in place the drop-down ceiling.
The Contractor shall provide and install one new ADA compliant door and door hardware. ADA door hardware such as handles, pulls, latches, locks and other operable parts shall have a shape that is easy to grasp with one hand and does not require tight grasping, pinching or twisting of the wrist to operate. Operable parts shall be located 34”-48” above the floor. The Contractor shall provide and install one ADA compliant toilet with a wall to the side and rear of the toilet.
The centerline of the toilet shall be 16” minimum to 18” maximum from the side wall. Clearance around the toilet of 60” minimum measured perpendicular from the sidewall and 56” minimum measured perpendicular from the rear wall shall be provided. This clearance is permitted to overlap the water closet, grab bars, paper dispensers, turning space and clear floor space at other fixtures. Other fixtures or obstructions are not allowable in this clearance area. The height of water closet seats shall be 17” minimum and 19” maximum above the floor measured to the top of the seat. Flush controls shall be operable with one hand and installed 36” maximum above the floor and located on the open side of the water closet. The Contractor shall install ADA compliant grab bars. Grab bars shall be provided on the rear wall and on the side wall closest to the water closet. Side wall grab bars shall be 42” minimum in length, located 12” maximum from the rear wall and extending 54” for the rear wall. Rear wall grab bars shall be 36” minimum in length and extend from the centerline of the water closet 12” minimum on the side closest to the side wall and 24” minimum on the transfer side. Spacing between the wall the grab bar shall be 1 ½”. Grab bars, fasteners and supporting structure need to withstand 250 lbs. of vertical or horizontal pressure. The Contractor shall install one ADA compliant ceramic sink. The front height of lavatories and sinks shall be 34” maximum above the floor measured to the higher of the rim or counter surface. Faucets shall be operable with one hand and shall not require tight grasping, pinching or twisting of the wrist. Exposed water supply and drainpipes under lavatories and sinks shall be insulated or otherwise configured to protect against contact. There shall be no sharp or abrasive surfaces under lavatories and sinks. The space below the sink between the floor and 9” vertical, requires a toe clearance of 17” deep and 30” wide. Space between 9” and 27” above the floor, 11” deep at 9” above the floor and 8” deep at 27” above the floor and 30” wide is required for knee clearance. Also, there must be a Clear Floor Space in front of the sink positioned for forward approach shall be provided with 48” minimum approach length and 30” minimum width. The Contractor shall install one ADA compliant mirror above sink. Mirrors located above lavatories, sinks or counters shall be mounted with the bottom edge of the reflecting surface 40” maximum above the floor. Mirrors not located above lavatories, sinks or counters shall be mounted with the bottom edge of the reflective surface 35” maximum above the floor. Toilet room floor finish materials shall have a smooth, hard, nonabsorbent surface.
EXHIBIT A, PROJECT CC24-061
17/Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061 The intersection between the floor and the walls shall have a vertical nonabsorbent base, such as ceramic tile or vinyl, that extends upward a minimum of 4” onto walls. Walls and partitions within 2’ of sinks, urinals and water closets shall have a smooth, hard, non-absorbent surface to a height of not less than 4’ above the floor. Materials on these walls shall be of a type that is not adversely affected by moisture. Grab bars, paper dispensers, soap dispensers and other items provided on walls shall be installed and sealed to protect structural elements from moisture. The Contractor shall cap any water and sewer lines no longer in use. The Contractor shall prep and paint walls white. The paint shall be supplied by The Contractor.
General Provision
Mobilization shall be limited to 6 percent of the total project cost. The contractor shall send 2-4 employees to an Airport Badge Training course to obtain an airport badge for Gate/ AOA access. This training is approximately 2-3 hours in length and requires passing a written test prior to the badge being distributed. Badge training takes place 2 times a month and applications for training take 2 weeks to process. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of The Contractor may proceed with regular work for at least (6) hours toward completion of the contract. When work is suspended for causes beyond The Contractors control, it shall not be counted as a working day. Saturdays, Sundays, and holidays on which The Contractors forces engage in regular work shall be considered as working days. Working days for this project shall be Monday-Friday, 6:30 A.M. until 4:30 P.M.
The SCLA shall obtain Building permits prior to commencing work. The Contractor shall obtain a City of Victorville business license and Mojave Desert Air Quality Management District permit prior to commencing work. The Contractor shall be required to furnish all labor, equipment, supplies, transportation, and storage to perform all operations necessary to complete the project. The Contractor shall be responsible for hauling away all debris from the job site in compliance with all local, state, and federal regulations. Landfill site disposal trip tickets must be remitted to the Authority prior to payment.
The Contractor shall submit product submittals for approval prior to use. A Pre-construction meeting shall be held with appropriate tenants and airport staff prior to work commencing. The Contractor shall provide a schedule prior to the pre-construction meeting.
The Contractor shall hold bids for at least 60 days.
The Contractor shall provide a standard one-year Public Works warranty. No additional warranty requested.
This project shall be scheduled to be completed within 60 working days.
EXHIBIT A, PROJECT CC24-061
18/Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061 19 Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061
EXHIBIT B
B
ID PROPOSAL FORMS
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ATTACHMENT
EXHIBIT B, PROJECT CC24-061
20/Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061 EXHIBIT B, PROJECT CC24-061
21/Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061 EXHIBIT B, PROJECT CC24-061
22/Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061 EXHIBIT B, PROJECT CC24-061
23/Construction Agreement/Bob Walters Jr. Construction Inc/CC24-061 EXHIBIT B, PROJECT CC24-061
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