UNUSED & DISASSEMBLED STORAGE BLDG (SUBJECT TO SELLER APPROVAL)

First Capitol Auction, Inc. ON LINE AUCTION Unused and Disassembled METAL STORAGE BUILDING Special Terms and Conditions There is one lot available, an unused and disassembled empty metal storage building. This building was originally purchased by the City of Stockton to be used as a dry stack boat storage building at the Marina approximately eight years ago and due to budget constraints this project never evolved. There are building erection drawings, design calculations, and a bill of materials available upon request for review. There is not a current inventory of the building parts stored in the warehouse. It is important to read ALL the Special Terms and Conditions listed below before you bid: REGISTRATION: You must register on-line in order to bid. A valid credit card is required for on-line registration and is only used for verification into the on-line auction. Your bidder number is a contractual document and you are responsible for anything sold to that number. TIME FRAME: On-line bidding is open from FEBRUARY 1, 2017 through MARCH 15, 2017. On-line auction will close MARCH 15, 2017 at 2:00 p.m. Seller will approve winning bid by MARCH 22, 2017 and winning bidder will be notified as soon as Seller approves bid. INSPECTION: Inspection dates are on FEBRUARY 16, 2017 at 2PM and MARCH 2, 2017 at 10AM. Call First Capitol Auction Inc (707) 552-0739 to make appointment and get directions for tour LOCATION: Port of Stockton, Stockton, CA FEES: There will be a (17%) buyer’s premium and (8.375%) sales tax added to winning bid. PAYMENT: Property must be paid in full by the close of business on Friday, MARCH 31, 2017. Cash, Cashier’s Check, Wire Transfer to First Capitol Auction Inc. We DO NOT accept credit/debit cards or checks. Credit Card is only used for verification into the on-line auction. REMOVAL: (1) Successful bidder shall not commence any work before obtaining and shall maintain in force at all times during the duration and performance of this agreement the policies of insurance specified in Exhibit (A) which is attached to the Special Terms and Conditions and incorporated by this reference. This policy must be provided to City of Stockton prior to removal of building. (2) Upon payment in full, First Capitol Auction Inc shall provide a paid in full invoice and issue a gate release which will serve as authorization to remove the item purchased. Buyer must remove the item purchased by the end of APRIL 2017, unless other arrangements can be made with the City of Stockton. City of Stockton is willing to work with successful bidder for removal of building in a timely manner. NOTICE AND DISCLAIMERS: (1) ALL SALES ARE FINAL, NO REFUNDS OR ADJUSTMENTS TO PAYMENT. (2) All property is sold ‘AS IS, WHERE IS’ basis without any warranty, expressed or implied and with all of its faults. (3) Property is open to public inspection on designated inspection dates only. Inspection of the unused disassembled metal storage building is the bidder's sole responsibility. (4) It is the responsibility of the bidder to make their own determination as to the accuracy of the items description, condition and authenticity of the item, value or any other determinative factor and feasibility of constructing and meeting City/County codes. Bidder shall be the sole judge of value. (5) First Capitol Auction Inc is providing Internet auction as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against First Capitol Auction Inc or anyone else if the Internet service fails to work correctly before or during the live auction. First Capitol Auction Inc will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. First Capitol Auction Inc reserves the right to withdraw or re-catalog items in this auction. (6) First Capitol Auction Inc shall endeavor to describe in detail each item and any pertinent information about it. First Capitol Auction Inc describes the merchandise in advertising, on the Internet and at the auction but makes no representations as to the accuracy of any given description. In no event shall First Capitol Auction Inc be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. First Capitol Auction Inc will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Principals, auctioneers and advertising counsel will not be held responsible for advertising inaccuracies and discrepancies. (7) To the fullest extent permitted by law, successful bidder shall hold harmless, defend at its own expense, and indemnify the Port of Stockton and the City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions to act of successful bidder or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the Port of Stockton and the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement. Bidder agrees that they understand all of the verbal and written terms of the auction and agrees to abide by all of them. Please call auction company (707-552-0739) for questions regarding auction policies, terms and conditions and to obtain copies of Exhibit A, building design drawing, building calculations and/or bill of materials list. Exhibit A Insurance Requirements for City of Stockton and Port of Stockton (Services & Products) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, their agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability (AL): ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the contractor maintains higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to coverage for 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 City of Stockton. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: • Additional Insured Status The Port of Stockton and the City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers are to be covered as additional insureds on the CGL and AL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used). • Primary Coverage For any claims related to this contract, the Contractor’s insurance coverage shall be endorsed as primary insurance as respects the City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured. • Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton and Port of Stockton. • Waiver of Subrogation Contractor hereby grants to the City of Stockton and Port of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton and Port of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton and Port of Oakland has received a waiver of subrogation endorsement from the insurer. • Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City of Stockton Risk Services. The City of Stockton may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. • Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII if admitted to do business in the State of California; If not admitted to do business in the State of California, insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A+:X. • Claims Made Policies If any of the required policies provide claims-made coverage: o The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. o If Claims Made policy form is used, a three (3) year discovery and reporting tail period of coverage is required after completion of work. • Verification of Coverage Contractor shall furnish the City of Stockton and Port of Stockton with original certificates and amendatory endorsements required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. Failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time, for any reason or no reason. Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton and Port of Stockton with a copy of its Declarations Page and Endorsement Page for each of the required policies. • Special Risks or Circumstances The City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. • Certificate holder address Proper address for mailing certificates, endorsements and notices shall be: o City of Stockton o Attention: Risk Services o 425 N. El Dorado Street o Stockton, CA 95202 City of Stockton Risk Services Phone: 209-937-5037 City of Stockton Risk Services Fax: 209-937-8558 • Maintenance of Insurance If at any time during the life of the Contract or any extension, the Contractor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately. Any failure to maintain the required insurance shall be sufficient cause for the CITY to terminate this Contract. • Subcontractors If the Contractor should subcontract all or any portion of the work to be performed in this contract, the Contractor shall cover the sub-contractor, and/or require each sub-contractor to adhere to all subparagraphs of these Insurance Requirements section. Similarly, any cancellation, lapse, reduction or change of sub-contractor’s insurance shall have the same impact as described above