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Allied e Corporation, Inc. - 2002-10-21 (2)
PLEASE COMPLETE THIS INFORMATION r RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2003000722024 08.17am 06120103 213 96 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Allied E Corp who was the company thereon for doing the following work to - wit: CONCESSION IMPROVEMENTS, SOUTH BEACH PROJECT, CC-1106 AE Z This project includes construction of the cabana building. That said work was completed June 01, 2003 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on June 01, 2003, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract The American Institute of Architects was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this June 01, 2003. Director of Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NO E OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of ange C un Dated at Huntington Beach, California, this June 01, 2003. Director of Public Works or City Engineer City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 001.059-TITLE PAGE (R7/95) 06/09/2303 11:09 7143741573 U PAGE 04/04 14„ City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 2u�3 ViG I I Subject: Certification of Compliance with Title VU of tha Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: 1 i The undersigned, contractor on CC-1106 Contract=Adminstrator Project No. - Tiitle hereby certifies that all laborers, mechanics, appr:n6ces, trainers, A%atcrmen and guards employed by him or by any subcontractor performing work tnder the contract an the project have been paid gages at rates not less than those required by tee contract provisions, and that the work performed by each such laborer, mechanic, apprentic: or trainee eenformed to the classifications set forth in the contract or training program provisions applicable to the %vage rate paid. & /Conctract Adminstll, Si&t ature acid Title =:eetubmI \.w P,S/eg/20e3 11:89 7143741573 CHB ENG DECLARATION OF, ATISrACTION O CLAMS LAiMS PAGE 03/04 I, Stacie Rees , state: 1. I am the general contractor for the City of Huntington•Beach, as to the project more fully described in the public works contract entitled Concession Improvements, South Beac and dated _ 6 / 2 44 / 0 3 CC-110 6 2. All %%mrkers and persons employed, aU finns supplying materials, and all subcontractors for t're above-rntr6oned project have been paid in full. 3. Tle following are either disputed claims, or items in connection with Notices to Withhold, %vMch have been filed under the provisions of the statutes of the State of California: (if none, stat.- "VONE'l I declare und.r penaly of perjury that the foregoing is true and correct. Execut at Anahpi m on this 24 day of June p 2003 (Signature of Contractor) Irekwhr"I Non MK STD WS for callsdoili . . Ii�PfaNaaf t, SfAA NadAmolOw -CASH CORMa Mk T ro6, tie l6CITY OF IMIM ION KA(M PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF VUHTINGTON BEACH, as AGENCY, hwite% seated bids for the above stated project and will receive, such bids in the office o1 the City Clerk, Second Floor, 2000 Main Street, Huntington Beath. PROOF OF PUBLICATION California 92618. up to the hour of 2:00 p.m. one Qctober 1. 2Do2. Bids will be publicly open in the Council Chamters unless otherwise posted. . Copies of the Plans. Specifications, and contract documents are available from the Office of the STATE OF CALIFORNIA) Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a • • $75,00 nnnrefundable fee it picked up, or payment of a $100.00 nonrefundable lee if mailed. ' c $e .7 i Any contract entered into pursuant to this notice will incorporate the provisions of the State labor County Orange Code. Pursuant to the provisions of the Labor of Code of the State of California. the mirimurrl prtvaiTing tale o1 per diem wages for each tract, classification or type of workman needad to 1 am a Citizen of the United States and a execute the contract shall be those determined by the Director of Industrial Betatrons of the State resident of the County aforesaid 1 am i, of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Hun lmgtonBeach. CA92648. over the age of eighteen years, and not a I Any contract entered into pursuant to this notice will incorporate the provisions O} the Slate Labor; `-Cede. party to or interested in the below Pursuant to the provisions of the Labor Code of .the State of California. ornia, the mirimu _ 1.prevailing rate 91 pet diem wages cos each craft, entitled matter. 1 am a clerk of type of workman needed to 1classitill the principal the HUNTiNGTON BEACH INDEPENDENT, a .exacufe the contract shag be those determined 0 by the Director of Industrial Relations of the State of California, which are on file at the Off ce of newspaper of general circulation, printed �. the Director of Public Works, 21x70 Main Street, i Huntington Beach.CA9'648, and ublished in the City of Huntington The AGENCY will deduct at C% retention from all progress payments. The Contractor may Beac , ` County ty of Orange State of f j to thetree an escrow holder surety of equal value to the retention in accordance with the prolusions the Galfornia government Code, Section 4590. California and that attached Notice is a of The Contractor hail beneficial of the interest thereon. r true and complete copy as was printed a y ny ,surely roil sha'I rean The AGENCY hereby affirmatively ensures that minority business enterprises will be affordrd hill and published In the Huntington Beach to this opportunity to not b bids in rated against nl. b and will not be discriminated against on She balls and Fountain Valley issues of �a�d ; li race, color, national origin, ancestry, Set, or religion in any consideration kadiig to 1 the award of contract. r r r to No bid shall be considered unless H is prepared newspaper wit the issue(s) of: on cite approved Proposal farms in conformance with the Instructions to Bidders. . N., The bid mutt be accompanied by a certified Sept. 5/ 2002 •' Check, cashier's check, or bidder's bond made payable to the AGENCY tot an amount no less �s Sept . 12, 2002 Than 10% of the amount bid- , The successful bidder , shall be titen%rd in accordance with provisions of the Business and Sept. �,9 a 2 002 Professions Code and shall passes%. ■ State Conti actor's License Class at the time this contract Is awarded. The successful Contractor and his subcontractors will be required to possess bue•ine%s ' licenses from the AGENCY. A wrm datery pro -bid meeting and walk-lhrough } 1 declare, under penal of perjury, Chat 1 of the site wa be held on September 24. 2002 at 10:00 a.m. (meet at Cabana Site), for the purpose bid documents• tidder the foregoing is true of reviewing receiving ■' quaarsuant - an correct. to the amendna ed Public- Pursuant to the amended Public Contract Code 1i Section 3.100, Contractors are now required to • F submit all substitution requests for equal materials or systems prior to award of the contract Curing period specified in file bid documents_ No Executed on Se tember 19 20�2 s will 6e eamlder•d altar .rweird ilai contract. •ward eF Ilsa xonlrort. a at Costa Mesa, California. Prrjecf Description: -The project consists of Concession Cabana Building, 2 Concession building renovations, hardscape, grading. and drainage ptanl-rig and irrigation systems- - • It is anticipated that the contract will allow 100 working days to complete the Cabana and 60 Il working days to complete the 2 Concession � Renovations. The final specifications shall Contain 1'. the exact working days. e The Engineer's estimate for the work included in the conti act is S450,000.00. All questions shall be directed to- James R. Pickel/Oscar Johnson. Purki%s Rose RSI, 714-871-31335 Phone.714-871-1189 Fax Signature } . The AGENCY reserves the right to reject any of all bids, to waive any irregularity and to take all bids under ad0sement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH. CALIFORNIA, the 5th diy of ' August 2002. Attests Cormle Brotlsvvay, CITY CLERK OF THE CITY OF HUNTINGION;EACH j Published Huntington Beach Independent September 5,12. 19.2002 091-064 4 cc- 1 0& BI5 DATE: . , TIME z Engineer's Estimate: $_ �f; �D , 6 O .BID LIST b C5 � C BIDDER'S N"E Y,AIVIi TOTAL BID 4A1 Q UA7 -- x.C, (A Y-M % r .- . 5 z m044. 1 Lit ff M, Lim' (n $ III Ile 6. 7. �. 10. 11. ����� �o�• ��h �h�i bye b; c�er 12. r '(arid o�tid Pal $ 13. $ 14. ls. iffil IM6-f i fro Y n d �- m 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH TO: Allied E Corp. ATTENTION: Mike Abghari Name 1920 N. Hancock St. #201 DEPARTMENT: Street Anaheim. CA 92807 REGARDING: City, State, Zip See Attached Action Agenda Item E-12 Date of Approval 10-21-02 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: le ro oc&I A�ayy 4; City Clerk Attachments: Action Agenda Page .2 t Agreement X RCA CC: E. Charlonne DPW X Name Department RCA S. Freidenrich Gity Treas. X Name Department RCA C. Mendoza Risk Management X Name Department RCA Name Name Department Department RCA RCA Bonds x Deed Insurance x Other X X bonds Agreement Insurance Other bonds Agreement Insurance Other X Agreement Insurance Other Agreement Insurance Other Insurance g:/followup/letters/coverltr.doc (Telephone: 714-536-5227) (23) October 21, 2002 - Council/Agency Agenda - Page 23 No. 02-02, Amendment of Circulation Plan of Arterial Streets and Highways scheduled for this City Council meeting of 10/21/02.) Adopted 6-0-1 (Houchen absent) E-6. (City Council) Approve Revision to General Plan, Figure CE-3 — Potential for 2010 Circulation Plan to Conform with the Orange County Master Plan of Arterial Highways (MPAH) ( . ) — Approve the revision to Figure CE-3 of the General Plan Circulation Element by adding the footnote to ensure that the City's designated street network can only be implemented following appropriate amendment of the Orange County Master Plan of Arterial Highways (MPAH). Submitted by the Planning Director. Funding Source: Not Applicable. Approved 6-0-1 (Houchen absent) E-7. (City Council) Approve Settlement Agreement between the City of Huntington Beach and Mills Land & Water and CALTrans (Orange County Superior Court Case No. 76 36 24) ( . ) — Approve and authorize Mayor (or Mayor Pro Tem) to execute and the City Clerk to attest to the Agreement for Settlement of Litigation between the City of Huntington Beach, Mills Land & Water, and Cal -Trans. Submitted by the City Attorney. Funding Source: Self -Insurance Liability, Liability/Settlement Account. (Staff report and agreement refers to Wetlands deed restrictions and the Cabrillo Mobile Home Park.) Approved 6-0-1 (Houchen absent) E-8. (City Council) Approve Reappropriation of Unencumbered Fiscal Year 2001 Youth Sports Grant Funds to Seaview Little League (Burke Elementary School Field) ( . ) — Authorize the reappropriation of the unencumbered 2001 Youth Sports Grant award of $22,700 from the Park Acquisition and Development Fund previously awarded to Seaview Little League for development of a field. Submitted by the Acting Community Services Director. Funding Source: As stated above. Approved 6-0-1 (Houchen absent) E-9. (City Council) Approve Reimbursement Agreement between the Citv and Huntington Center Associates, LLC — Community Facilities District 2002-1 W.h. Snyder and Ezralow Company Bella Terra — Formeriv Huntinaton Center Mall ( . ) —1. Approve the Reimbursement Agreement Between the City of Huntington Beach and Huntington Center Associates, LLC for Costs Incurred for Professional Services Contracts for City of Huntington Beach Community Facilities District No. 2002-1 (Bella Terra) and authorize the Mayor and City Clerk to sign the agreement; and 2. Authorize the acceptance of $68,580 deposit funds from Huntington Center Associates, LLC into revenue account 10000100.48410 and appropriate $68,580 from the General Fund unappropriated fund balance into 10080101.69325 for expenses associated with Professional Services Contracts pertaining to the reimbursement agreement, and authorize the reimbursement to Huntington Center Associates, LLC any unspent deposit funds after the termination of the consultants' contracts; and (24) October 21, 2002 - Council/Agency it/Agency Agenda - Page 24 3. Authorize the Director of Economic Development to enter into the Professional Services Contracts funded through the Reimbursement Agreement with Huntington Center Associates, LLC. Submitted by the Economic Development Director. Funding Source: General Fund unappropriated fund balance. An equal amount of revenue will be deposited into the General Fund; therefore, the net effect to the fund balance would be zero. Approved 6-0-1(Houchen absent) E-10. (City Council) Adoot Resolution No. 2002-105 Revising the Conflict of Interest Code Pertainincr to Designated Employees and Officials ( . ) — Adopt Resolution No. 2002-105 — "A Resolution of the City Council of the City of Huntington Beach, California Amending Resolution No. 96-19 Relating to its Conflict of Interest Code." Submitted by the City Attorney. Funding Source: Revision of the Code will have little or no financial impact to the City. Any costs will come out of the General Fund. Deferred to Wednesday 11-6-02 6-0-1(Houchen absent) E-11. (City Council) ADDoint Jim B. Engle to Serve as Acting Communitv Services Director (Effective October 1, 2002) ( . ) —Appoint Jim B. Engle to serve as Acting Community Services Director beginning October 1, 2002 to fill the position vacated by Ron Hagan due to retirement. Submitted by the City Administrator. Funding Source: Not Applicable. Position is approved as part of the General Fund Budget for Fiscal Year 2002103. Approved 6-0-1(Houchen absent) The meeting will recess to a Joint Meeting of the City Council and Huntington Beach Pubic Financing Authority, an agency on which Councilmembers also serve as members. E-12. (Clty Council) ADnroorlate Huntington Beach Public Finance Aut itv Lease Revenue Bond Funds and Accept Bid and Award Constructia ontract for Concession Improvements at South Beach Phase 1. CC ( . ) — Huntington Beach Public F�inancina Authority Action: 1. Appropriate $520,200 from Lease Revenue Bonds, 2000 Series A to the South Beach Improvements, Phase I Account 30187003.82200. Huntington Beach City Council Actiony 1. Accept the lowest responsive and responsible bid submitted by Allied a Corporation Inc. In the amount of $520,200, for Concession Improvements, South Beach Phase 1, CC-1469; and ""Ofo 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample construction contract. Submitted by the Acting Community Services Director and the Public Works Director. Funding Source: As stated above. Approved 6-0.1 (Houchen absent) BondNa. __................ _........ Fidelity and Deposit POST OFFICE BOX 1227 OF MARYLAND BID BOND Company R. I LralORE. MD 21203 KNOW ALL MEN BY THESE PRESENTS: ALLIED E CORP. Thatwe, __........._..._....__._..__.__.._...._..._».__.�.__......_.._....._...»...._.._.......__.____.._._._............_._. ..__.,___._....._.__.,_.....-.-_.._._______.__.__........-__........ __._.._., as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227. Baltimore. Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto CITY OF HUNTINGTON BEACH __w.............. _____.___..».___._ _.._..........»_.._... ......... »....._- ».._.__.__ ».__as Obligee, (hereinafter called the "Obligee"), in the sum of.TEN PERCENT OF THE TOTAL AMOUNT BID__-w-.__.__...._Dollars for the payment of which sum well and truly to be made, the sail Principal and the said Surety. bind ourselves. our heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for. CABANA CONCESSION BUILDING IMPROVEMENTS. --•--------_..___.___.__. NOW, THEREFORE, if the Obligee shalt accept the bid of the Principal and the Principal shalt enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof. or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid. then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this .._..-,� 26TH --day of SEPTEMBER A.D., XXz402 ALLIED E CORP. _.(SEAL) Principal • _...._ tiirness 1i�tness cR5r_wK. tin cWAMM u Areercae k%aduwe of Arch*cm bvjwm A•310. Febrw y 1 M E,1r.m. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surely By �_ _ _ _...(SEAL) D I HT REILLY Title ATTO RN EY-I N -FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Bernardino On SEPT. 26, 2002 before me, CLAUDETTE N. MARTIN, NOTARY PUPLI Dale Name and TWa of Officer (a p., •.lane Dow. Not" Pubbel personally appeared DWIGHT REILLY ____________------ _------------ NaR»t+l a sip+agal Z CLAUDETTE N. MARTIN Z Sa COMM. *1345285 S PNOTARY PUBLIC- *CAL FORMA p SANBERNARDINOCMITY • My wart►. L-P W11&Mh 29.2000 XXpersonally known to me L I proved to me -on the basis of satisfactory evidence to be the persontF) whose namelt) isle subscribed to the within Instrument and acknowledged to me that he1JtXPJN4 executed the same In hisllifdt)tllir authorized capacity(i4l), and that by hisltltallGSXN signature(g) on the Instrument the person(m), or the entity upon behalf of which the person(x) acted, executed the Instrument. WITNESS my hand and official seal. Place Notary Seat Above 57+naao of Hoary Pubte CLAUDETTE N. MARTIN OPTIONAL Though the lnlormation below Is not required by law, 11 may prove valuable to person retying on the document end ewAd prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document BID BOND Tllle or Type of Document: Document Date: SEPTEMBER 26, 2002 Number of Pages: 1 Signer(s) Other Than Named Above: NON E capSigacItr'sNales) 6W1C�AT"MELY t7 Ind.vidual rep a tt�rnb lwa ❑ Corporate Ofn-.er — Title(s): ❑ Partner --- ❑ Limited ❑ General in Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is flepresenting: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0 1927 Rallonal Notary Assodadon - 0350 Do Solo Ave., P.O. Bow 2402 - Chalawonh. CA 91313-2402 Prod. No. 9707 tlaordar: Cal Tow Free 1.00?678-6627 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E.'SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full and eff the date hereof, does hereby nominate, caastitute and appoint Dwight REILL4, of Upland, Ca Lf , its tru awful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as suras its deed: any and all bonds and undertakings and the execution of such bonds or undertakings in p cc of th Gents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if d beenecuted and acknowledged by the regularly elected officers of the Company at its office in Baitimo , in the proper persons. This power ofattomey revokes that issaed on behalf of Dwight REILLY, dated M -A 995. The said Assistant Secretary does hertify that�xtract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of ompany 'try s now in force. IN WITNESS 1471EREOF, the said e-Presid n�i Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the FIDELI D DEPOSIT COMPANY OF MARYLAND. this 15th day of October A.D. 1998. "FIDELI!�XND ATTEST: SIT COMPANY OF MARYLAND By: T. B+ Smit h Assistant Secretary IV. B. Walbrecher Vice -President State of Maryland ss. County of Baltimore On this 15th day of October, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice -President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal afixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year f= above written. s Carol J. Fa r Notary Public My Commissi4ires: August 1, 2000 L1428-012-979S IN City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Concession Improvements, South Beach Phase I CC-1106 September 5, 2002 Notice To All Bidders: Please note the following revision to the Project Specifications, and Technical Provisions: 6-7.2 Working Day [Delete the entire paragraph and replace with the following:]. The time within which the Work must be completed by the contractor is fixed at 100 working days to complete the Cabana Concession Building, and 60 worldng days to complete the 2 concession renovations, both starting concurrently from and after the dare in the Notice to Proceed w.th the Work, exclusive of maintenance periods. Any de;nallon from this notification procedure must be approved by the Engineer. This modfcation does not change the Engineer's Estimate for This is to acknowledge receipt and review of Addendum Nunn` Allied a Corpil Company Name 9/26/02 Date AN bidders must ackno%&Iedge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, plea3e ca!I Todd Broussard at (714) 536-5247. SEP-26-2002 11:23 HUNTINGTON BEACH 714 374 1573 P.01i09 City of Huntington Beach Public Woks Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For Concession Improvements, South Beach, Phase CC-1106 September 26. 2002 Notice To All Bidders: The following is in response to BFI's received prior to 5:00 p.m. on September 25, 2002. No response to RFI's Submitted after that time will be answered. 1. The Scope of Work for the Cabana Building is identified in the drawings as "Add Altemate No. 1" and shall be Included in the Base Bid for the entire project All other " Add Altemates" listed are Not A Part of this Contract. 2. See attached Clarifications by Studio 7 dated August 23, 2002 3. See attached Irrigation exhibits labled 1 of 3, 2 of 3, and 3 of 3, showing existing irrigation. Irrigation shall be relocated to accommodate new hardscape. 4. See attached Electrical exhibits labled 1 of 4, 2 of 4, 3 of 4, and 4 of 4, relating to location of Exsiting Electrical and Telephone Services. Any deviation from this notification procedure must be approved by the Engineer. This modification does not change the Engineer's Estimate for this This is to acknowledge receipt and review of Addendum Numbekne, dateXSeptember 26, 2002. Allied a Cor211 _ Company Name By 9/26/02 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Company Profile �'Wl Page 1 of 2 0 De a t�eete��tp Company profile Ins nce FIDELITY .AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TONVER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA, CA 91101-0000 1Jnable to Locate the Agent for Service of Process? Reference Information NAIC #: 39306 NAIC Group #: 0212 California Company ID #: 24794 Date authorized in California: January 0I, I982 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Lines;of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary,►. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http://%,%k-",4.insurance.ca.gov/%%vfidb—cO—Prof utl.get cp_prof?p_EID=6217 10/24:12002 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 BOND N0.: 8492612 PRMIIUM : $4,993.00 Performance Bond Any singular reference to Contractor, Surety, Owner.or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): ALLIED E CORP. FIDELITY AND DEPOSIT COMPANY. OF.MARYLAND 1290 N. HANCOCK STREET, #201 225 SOUTH LAKE AVENUE, SUITE 700 ANAHEIM, CA 92807 PASADENA, CA 91101 OWNER (Name and Address): CITY OF HUNTINGTON BEACH 2000-MAIN STREET P. 0. BOX 190 HUNTINGTON BEACH, CA 92648 CONSTRUCTION CONTRACT Date: Amount: FIVE HUNDRED TI-IENTY THOUSAND, T110 HUNDRED AND NO/100 Description (Name and Location): CONCESSION IMPROVEMENTS, SOUTH BEACH, BOND Date (Not earlier than Construction Contract Date): Amount: $520,200.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL - Company: (Corporate Seal) ALLIED E C6 . Signature: \ N Name and Title: (Any additional signatures a ear on page 3) OCTOBER 221 2002 DOLLARS CC 140. 1106 ❑ None X$See Page 3 ��1i Company: -(Corporate Seal) FIDELITY AND DEPOSIT COMPANY. OF MARYLAND Signature: Name and Title: DWIGHT REILLY ATTORNEY —IN —FACT Attorney -in -Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or CROSBY INSURANCE, INC. other party): ' 60 EAST NINTH STREET UPLAND, CA 91786 C: 11. "it. Itt �= Su 909-920-5S11 A1A DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMSM 1904 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVE.. N.W., WASHINGTON• D.C. 20006 A312-19M 7 THIRD PRINTING • MARCH 1987 8d 490 (4-07) 00 <a I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3- The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the.Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312-19M 2 THIRD PRINTING • MARCH 1987 Bd 480 (4-87) 00 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 %'hen this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrorn and provisions con- forming to such statutory or other legal requirement shall be deemed 'incorporated herein. The intent Is that this Bond Shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS 70 THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con. tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Upon completion of the work performed under this Contract and the City's acceptance thereof, a one year Maintenance Bond will be provided to the City: Said Maintenance Bond will guarantee the work performed under this Contract, including Change Orders, for a period of one year from the date of acceptance by the City. r (5pace is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seat) Company: FIDELITY AND .. (Corporate Seal) A DEPOSIT COMPANY OF MARYLAND Signature: _1G Name and Title: Address: / P . Signature: �� N Name and Title: DWIGHT REILLY, Address: ATTORNEY —IN —FACT AIA DOCUMENT A312 • PERFOILMANCE BOND AtiD PAYMENT BOND • DECEMBER M ED. • AIA 0 THE AMERICAN INS71TUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,;ZASHINCTON, D.C. 2m THIRD PRtNTINC • MARCH 1997 A312.1984 3 Bd 480 14.87) 00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN BERNARDINO ss. On OCTOBER 22, 200,2before me, CLAUDETTE N. MARTIN, NOTARY PUBLIC Date Name and Title of Officer (e.g.. 'Jane Doe, Notary Public') personally appeared DWIGHT REILLY------------------------------, Name(s) of Signer(s) I7 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(K) whose nameog) is/3M subscribed to the within instrument and acknowledged to me that he"iffy, executed the same in his/1ex4$ authorized Z CLAUDETTE N. MARTIN z capacity]R�, and that by hisilttl XMM S a COW0. *1345285 S signature(g) on the instrument the person(), or P ti AN Y PUBLICBERNARDI OCOUCALIFORNIA p the entity upon behalf of which the person() 1 SAN BERNARDINO COUNTY My Comm. Fxp March 29.2006 acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notiry m CLAUDETTE N. MARTIN OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: PERFORMANCE BOND Document Date: OCTOBER 22, 2002 Number of Pages: 3 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: DWIGHT REILLY-------------------------- G ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General X Attorney in Fact ❑ Trustee El --Guardian or Conservator ❑ Other: Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 01997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER,. Vice -President, and T. E. SMITH; Assistant Secretary, i:i pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in Ul and eff, <\ the date hereof, does hereby nominate, constitute and appoint Dwight REILLY, of Upland, Cali its tru awful agent and Attorney-in-Fact,.to make, execute, sea] and deliver, for, and on its behalf as sur ?Sas its deed: any and all bonds and undertakings and the execution of such bonds or undertakings in p s ce of th o sents, shall be as binding upon said Company, as filly and amply, to all intents and purposes, as if d been executed and acknowledged by the regularly elected officers of the Company at its office in Baltimo , ir. the proper persons. This power of attorney revokes that issued on behalf of Dwight REILLY, dated M o 995. The said Assistant Secretary does heretify thatfts'now tract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of ompany in force. IN WITNESS WHEREOF, the saidwe-Presid Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the FIDELI D DEPOSIT C041PANY OF MARYLAND, this 15th day of October, A.D. 1998. ATTEST: FIDELI AND 0 IOSIT COMPANY OF MARYLAND ,. By: T. E. Smith Assistant Secretary IV. B. lfalbrecher I ice -President State of Maryland ss: County of Baltimore I On this 15th day of October, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice -President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Jai �� L1428-012-8798 Carol J fa r l�'arary Public hIy Commissi Expires: August 1.2040 THE AMt�ICAN INSTITUTE OF ARI.`HITECTS AIA Document A312 Payment Bond BOND NO.: 8492612 PREMIUM :. $4,993.00 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): ALLIED E CORP. 1290 N. HANCOCK STREET, 1201:_ ANAHEIM, CA 92807 OWNER (Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. O.'BOX 190 HUNTINGTON BEACH, CA 92648 SURETY (Name and principal Place of Business): FIDELITY AND DEPOSIT COMPANY OF MARYLAND 225 SOUTH LAKE AVENUE, SUITE 700 PASADENA,.CA 91101 CONSTRUCTION CONTRACT Date: Amount: FIVE HUNDRED TWENTY THOUSAND, TWO HUNDRED AND NO/100 DOLLARS Description (Name and Location): CONCESSION IMPROVEMENTS, SOUTH BEACH, CC NO. 1106 BOND Date (Not earlier than Construction Contract Date): Amount: $520,200.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) ALLIED E CO P. Signature: Name and Title: (Any additional signatures appear on page 6) OCTOBER 22, 2002 ❑ None Cl See Page 6 SURETY Company: (Corporate Seal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Signature: Name and Title: DWIGHT REILLY ATTORNEY —IN —FACT Attorney -in -Fact . (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or CROSBY INSURANCE, INC. other party): 60.;EAST NINTH STREET GSIL FG':Y•'?:" UPLAND, CA 91786 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 10. • AIA•0 THE AMERICAN INSTITUTE OF ARCHITECrS.173S NEW YORK "E., N_W.. WASHt-4GTON. D.C. 200(It, A312-1984 4 THIRD PRINTING • MARCH 19t17 Bd 481 (4-871 00 t h Y The Contractor and the Suretwint(y and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default- 3 With respect to Claimants, this obligation shall be null and 'void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner. stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct Contract with the Contractor- .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. f 6 When the Clal ant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation -shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made In good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. 13y the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owners prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract . or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3. or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Corr s,ruction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall b: deemed incorporated herein. The intent is that this AIA DOCVh%ENT A312 + PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. + AIA* THE Ati.1ERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N W WASHINCTON. DC. 20006 A312-1984 5 THIRD PRINTING • MARCH 1987 rid 481 (4-87100 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract The Intent of this Bond shall be to Include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contracc, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, Including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE, N W , WASHINGTON, D.0 20006 A312-1984 6 THIRD PRINTING • MARCH 1987 Bd 481 14-87) 00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN BERNARDINO ss. OnOCTOBER 22, 2002before me,CLAUDETTE N. MARTIN, NOTARY PUBLIC Dne Name and raw or Of w (e.g.. Jane Dos, Notary Pubic-) personally appeared DViIGHT REILLY ------------------------------- Name(s) of S"r(s) N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons) whose name(i) isl�r� ............................................... subscribed to the within instrument and Z CLAUDETTE N. MARTIN ` acknowledged to me that helM:6Xi executed S ,_: • CO, VA #1345285 s the same in hislDWMYr authorized P `�� "X NOTARY PUBLIC-CALIFORNLA p t SA45ERHARD040coUKTr capacltyTjK§g, and that by his1tXX7XX Mtic&WR E•P_MarcA29.2005 signature(IQ on the instrument the person(, or the entity upon behalf of which the personM acted, executed the instrument. WITNESS my hand and official seal. �-.1'Y1 o Place 1•lotary seal Above $gnafun of Notary PuNc CLAUDETTE N. MARTIN OPTIONAL. Though the lnforma'lon below is not required bylaw, R may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: PAYMENT BOND Document Date: OCTORRR 22 , _2002 Number of Pages: 3 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: • DVTIGHT-RE�ILLY------------------------ � ❑ Individual Top a trwrnb oars ❑ Corporate Officer --Title(s): ❑ Partner—[] Limited ❑ General K Attorney in Fact ' ❑ Trustee ['Guardian or Conservator ❑ Other: Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0 1997 NstiorW Notary Association • 93M De Solo Ave.. P.O. Box 2402 • Chatsworb\ CA 9013-2402 Prod. No. 5907 Reorder. G1 Tol-Free 1-800-8764827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full,and eff � the date hereof, does hereby nominate, constitute and appoint Dwight REILLY, of Upland, Calk its tru awful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as sur d as its deed: any and all bonds and undertakings and the execution of such bonds or undertakings in p ce of th a sents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if d beenecuted and acknowledged by the regularly elected officers of the Company at its office in Baltimo , in tire' proper persons. This power of attorney revokes that issued on behalf of Dwight REILLY, dated M 4 995. The said Assistant Secretary does here �e:tify thath ~=tract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of ompany °° , I now in force. IN WITNESS WHEREOF, the said�e-Presid nod Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal 'of the FIDELI � DEPOSIT COMPANY OF MARYLAND, this ISth day of October A.D. 1998. ATTEST: FIDELi AN0D kSIT COMPANY OF MARYLAND SEAL �, CeeJ�[C� T. E. Smith Assistant Secretary Ii! B. Walbrecher Vice -President State of Maryland ss: County of Baltimore On this ISth day of October, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vi :e-President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. 1V TESTIMONY WHEREOF, I have hereunto set my hind and affixed my Official Seal the day and year first above written. plr F Carol J. Fa r Notary Public My Commissi Expires: August 1, 2000 L142&o12-8798 s �`J -�BA THIS CERTIFICATE %moSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PRODUCER (714) 6a2 2285 Absolute Insurance Services 21520 G Yo ba Linda Blvd. #254 Yorba Linda, CA 92887 HOLDER. THIS CERTWICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE C011PAMY A NIC Insurance Company MUM CONPAMY a Century National Insurance Company Allied Engineering 8 Construction, Inc. 1290 N. Hancock St. #201 `mac�Y Anaheim, Ca 92807 CO'NPANY r D 00 . . TH S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED MOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERAAS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE Br.EN REDUCED BY PAIO CLNMS. Co LTR TYPE CIFSN4URAIUCE POLICTNUMBER POLXYEFFWINE DATE (W4D0F q POUCYEXPRATION DATE PWID -M ; � A cEmERAL LIAfiuw GENERAL AOGREGATE f2 000 000 COI MERCIAL GENERA_ LIABILITY CLABAS MADE ElOCCUR GS 203966 6/26102 61 &M PROMr1 Ts-CCWJOP AGG 6 PERSONAL &ADVRLII:RY S1 000000 EACH OCCURRENCE $000.000 X OWNER'S I 000ITRACTOR•S PROT FIRE OAFAACC Wqr ww 1m) S 50 000 INED ExP N ons per ) s 5 000 B AUTONOW-E L1ANUTY AMYAUTO BAP120809 9118M 9118103 COIIBtHEDsFic3LELttiirr s1�pp0,000 OMILY MJURY (Pr P%" ; ALL WMED AUTOS X SCHFOULAUTOS ED X I41Rt{J AUTOS X N DN-C W%ED AUTOS BODILY INjLjRY IPN rwd"w S PROPERTY DAUACE $ OARACIELAORm AwALIrC GAiL HUTTO , City BY: Deputy City At tto2'II9 4 0 ep AUTO ONLY-EAA=DENT S OTI+ERTrtANAVTOONLY EACH ACCIDENT I AGGREGATE S EXCEGS LIABILITY / 01 EACH OCCURRENCE $ AGAEGATE S VUEREUA FORM OTHER THAN UMBRELLA FORM t i E +1 Li s ■03MEMCOMPISIMATMAND ENWWVER8• HSSTATi OTC - ELEACHACCMENT ! LtAOLrFY IVE PROPRIETORI PAR'MERSIMCUTNE NGL — —.-- EL DISEASE - POLICY LI1NT i ELDISEASE -EAIMPLOYEE S OFFrCFPSSARE ExCL OTHER CESCAPT10N Of OPERATIONL1L=T10NLNT►MCL LT-%C1AL REIM 10 days notiace of cancellation due to non payment of premium. City of Huntington Beach, its agents, officers and employees shall be named as additional insureds as respects enerall7lia■�bbl t/y.../. �i,c_■.l�lYk++ij\' ..�i.ra-r1.�.a..r...Li' "r' `` --i.}NMRM�]ire��-;5.. 'i i 'Yt i, - _ --t-�;.�. SHOULD ANY OF IRE ASOW DESCRIBED POLICIES W Cmcr. ED bEFOW THE City of Huntington Beach 2000 Main Street ERMRATION DATE Tr+cr+>EOF. THr ISSMW COWANY WILL *"$ K40 MAIL 30 DAYS MIRITTEN Noma TO THE CER 1 "TE MOLDER NAMM TO THE LEFT. �aaxw�xbc�torx x►>���xxaeww PO Box 190 4KyX +X9WDX94X*4Xi*yxWX XA&WXYXX XX"AAVG*s.X Huntington Beach, CA 92648 �D►+TA Na tterling �►��S�I��'�::�.. .'`.. ��:�:�->: :�'.'�•�;��•�^�''�' :, �'•;,� :.. :oa ORQCORPORATIA+Ifsas ORIG TN5 • 3�N C' d- C�•�km (,C o •g0... SA..t ' Insured: Allied Ergineeringzand Construction, —Inc. Policy # CS 20396%./ , THIS ENDORSE51ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEAiENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 1185 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy and is approved by the Company in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of --- payments we make for injury or damage arising out of "your work' done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agentstemployees. Additional insureds: City of Huntington Beach, its agents, officers, and employees LFFROVED AS TO FORIA: ANF 160(08199) (:AIL fiUTTON, Cit. Attorney E,y: Deputy City Attorney �eoat_ k �' %1j4- �_,<TIFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OCTOBER 18, 2002 GROUP: POLICY NUMBER: 1191320-2002 CERTIFICATE ID: 32 CERTIFICATE EXPIRES: 04-01-2003 04-01-2002/04-01-2003 CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. 7 7eo-o ez-o�� AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. APPROVED AS TO FORM:] GAIL BUTTON, City Attorno 8. • Deputy City Attornay / IG • /d/i/er— EMPLOYER / ALLIED E CORP 1290 N. HANCOCK ST #201 ANAHEIM CA 92807 SCIF 10265 rEPF-UI: AA 1 1. #p City of Hunti ..-- BLSINESS Licr-,NSE DIVISION 714 536-5267 FAX 714 374-1603 SHARI I,. FREIDENRICII CITY 'rRFASURFR ALLIED E CORP 1290 Iv HANCOCK, UNIT 201 ANAHEIM CA 92807 Dear Huntington Beach Business Owner: P0Box 711 CALIFORNIA 92648 Thank you for your payment. Attached is your City of Huntington Beach Business License for the coming year. Please note the expiration date, approximately one month prior to this date, you will automatically receive your renewal notice for the next year. if for any reason your renewal notice does not arrive, you are still responsible for the timely payment of your business license. Please be aware that you may incur penalties if this payment is not received 30 days after your license expires. For commercial locations, please post license In public view. Please notify the Business License Department if tt-,ere are any changes of ownership, address, business names or types of business conducted. Additionally, please notify the city if you discontinue your business. There are many resources available to our licensed business people. We have listed a few that might be of interest and assistance to you. City of Huntington Beach Economic Development Department 714-536-5582 Huntington Beach Chamber of Commerce 714-536-8888 Huntington Beach SCORE (Service Corps of Retired Executives) 714-550-7369 Fictitious Name Information 714-834-3005 State Board of Equalization Resale Number Information 714-558-4059 If you have any questions, please contact the Business License Department at 714-536-5267. BUSINESS NAME/ADDRESS ALLIED E CORP OWNEPAIGR. ALLIED E CORP THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPEE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS Not% -TRANSFERABLE. RENEWAL IS DUE ON -HE EXPIRATION DATE. Business License POST IN PUBLIC VIEW LICENSE NBR.: A232136 DATE ISSUED: 11/01/2002 EXPIRATION DATE: 11/01/2003 AMT. PAID: 167.50 TYPE CODE: 1(B f�r I //- S• o;. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR h • ' ' 11-06 T}EIS AGREEMENT ("Agreement") made and entered into this �6f �: day of f✓�ll%rn �' 2()?z, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and _,a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more; fully described as == ,H-ML5F_C141ain the City of Huntington Beach; and ` CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: I. STATPMF,NT OF WORK; ACCF.PTANCF OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complcu: and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from Agree!formskity const/10.18-01 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred.by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the wort: within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCFPTANCE OF CONDITIONS OF 1VORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and tliz. conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; egredformchity conadl0.19-01 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. in case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"'), and agreeforms/city c«,svia 1 a.o 1 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed "Vf= tVL1t4 PPP, —MPOW-Tfk�14 1'W4_k N -P 22L� 5; NODollars (S 520124570•oo), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT' CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within t[ (QOa consecutive Q S from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agreerorms/city const/10.13-01 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in. writing by DPW. CONTRACTOR agrees to make any and all changes, famish materials and perform all work - necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes tivithout the prior written order or acceptance of DP«', and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. egrtWr0rmm/nty consd10.18.01 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (1000.b) of the contract price to guarantee the CONTRACI'OR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIF.S CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days alter notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agrWformslcity consr/100.1&01 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. 1NDFPf:NDF,NT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all limes hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all takes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and'or the services performed hereunder. 11. I IQUIDATFD DAMAGES/DELAYS It is agreed by the parties hereto that in case the total wort: called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained I)}, CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR willpayy to CITY, as liquidated damages and not as a penalty, the sum of Sly- } tbl.�-t.36E5 Dollars ($ ,�D ) per day for each and every working day's delay in completing the work in excess of the number of workingicalendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and egredrorms/city CMt/10- 18-01 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or sgreelformslciry const/M 1 &01 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DP%V in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unkno«m physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. sgrWromWcip• constl14.1 &01 9 13. VARIATIONS IN ESTIMATED QUAN71TIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPN%' may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the wort: performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous paymenta since commencement of tl:e wort:, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPNV finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (1000.44) of Kftetorms ity constflo-IS.04 l0 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terns of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITF1HEi.D CONTRACT FUNDS. SUBSTITUTION OF SECURITIFS At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTIO\'OF CLAIMS After the completion of the Nrork contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agreefformskity coast/1¢1 &o i I I 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losies, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken b}' CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies arc applicable_ The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND FNIPLOYF.R'S LIABILITY INSURANCE Pursuant to California Labor Coda Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer aErcelformskiN const/10.18.01 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products.'completed operations liability and blanket contractual liability, of One Million Dollars (SI,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree.'forms/city const110.1501 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE* ADDITIONAL INSURED FND0RSFMF,NTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the COT`" rRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, IsrWrorawcity con:di a i s-ol 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the wort: within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate thi3 Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 23. TERMINATION FOR_CONVENIENCF CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination egredformVciy const/i a 1 s-a1 15 period plus seven and one-half percent (7 '/2. NO) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 24. DISPOSITION OF PLANS FSTIMATFS AND OTHER DOQUMFNTS. CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be d:.livered to CITY and become its sole property at no further cost. 25. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any pan hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 26. CITY EMPLOYFFS AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Govemment Code. 27. STOP NOTICES: RECOVERY OF ADMINISTRATIVF. COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One sgrWrormV61y vmsdi a 1 &ot 16 Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the sanie in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN:^M!L%y G� ✓�iZ� 1 t� C - - 2000 Main Street Huntington Beach, CA 92648 29. SECTION HEADINGS TO CONTRACTOR: The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters e g wfor ns/city cons6'10• 1 &Ol 17 M included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 30. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and teat such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 32. ATTORNEYS FEES In the event suit is brought by either party to construe, interpret and,'or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 33. INTERPRETATION OF THIS AGRF.FRiFNT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be agree'rormskin• coosUla i80 1 18 unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Where CITY's conscrtt/approval is required under this Agreement, its consent'approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. agrWforms/cily east/1a i &o i 19 37. SURVIVAL. Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 39. F.NTIRF.TY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and superccde all prior underst;indings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. agredfonlukiry CM600.19-01 20 CONTRACTOR By: print name ITS: (circle one) Chairman/Pr en ce Preside AND By. � print name ITS: (_circle one) Secretary/Chief Financial Officer/Asst. ec Treasurer REVIEWED AND APPROVED: Q=c City dministrator agree/forms/city consd10-18-01 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California X" 64k.... Mayor ATTEST: 4� City Clerk 4 2— APPROVED AS TOY;. City Attorney v �v IAT D AND APED: erector of Public Works CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEAC1 I AND FOR TABLE OF CONTENTS n No. I STATE OF WORK; ACCEPTANCE OF RISK 1 2- ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 S. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 IL LIQUIDATED DAMAGESIDELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHIIELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, BOLD HAR ILESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. DEFAULT &TERMINATION IS 23. TERMINATION FOR CONVENIENCE 16 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 25. NON -ASSIGNABILITY 16 26. CITY EMPLOYEES AND OFFICIALS 16 27. STOP NOTICES 17 28. NOTICES 17 29. SECTION HEADINGS 18 30. IMMIGRATION 18 31. LEGAL SERVICES SUBCONTRACTING PROIIIBITED 18 32. ATTORNEY'S FEES 18 33. INTERPRETATION OF T}IIS AGREEMENT 19 34. GOVERNING LAW 19 35. DUPLICATE ORIGINAL 19 36. CONSENT 20 37. SURVIVAL 20 39. MODIFICATION 20 39 ENTIRETY 20 glow t f SECTION C PROPOSAL for the W Concession Improvements, South Beach Phase One LW Between Beach Boulevard and Huntington Street (Coastal side of the Pacific Coast Highway) W CASH CONTRACT No. 1106 L" in the CITY OF HUNTINGTON BEACH L TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON L BEACH: In compliance with the Notice Inviting Sealed Bid.;, the undersigned hereby proposes and agrees to perform all the work therein described, and to famish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the L work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the L Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, L specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. 1�. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, �,.. royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise 6• C-1 the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find bi a hnna in the amount of $ %10 of biiich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. .Date Received Bidder` Si a (Te 1 9 24 02 ` 2 9 26 02 C-2 PROJECT BID SCHEDULE Concession Improvements, South Beach, Phase One On the Coastal side of the Pacific Coast Highway between Beach Boulevard And Huntington Street CASH CONTRACT No. 1106 1.. TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ .1.2 0, �-caD , c3L7 TOTAL AMOUNT LUMP SUM BID IN WORDS: f I U.t, (kAdralfoci. Two q"j-'r4 f% .. LJ Ib1 I W Us 1W k./ 4W W L C-3 OINK ,• LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Turk Name of Subcontritetor and Address Sate License ' Number - - 0ss Electrical Lloyd Eng. 704877 C10 Mechanical Citadel Engineering 719975 C20 Roofing Paragon Roofing 726753 C39 Painting Gilco 163751 C Concrete Masonry/Framing Caltec inc. 808271:: B By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 I. LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use same9f vendor Address a O .ce and Tede hc�te�Vurnber Type of Malerzal or Pivdwt arrdMb.*a s Xrtmbsr,� Westburne Chino 909-628-4751 Plumbing Sup Tood Pipe Garden Grove 714-638-44 2Pipeing Walters Wholesale Anaheim 714-630-7321 Electrical Western air HVAc 714-938-0300 Santa AnMVAC Katella Lumber Stanton 714-527-6022 Lumber Paramount Read mix Paramount 562-404-4 25 Concrete Finsh ahrdware Construciton Hardware Pomona Finish har Roll up Southland door 818-771-93 3 Roll up do Ceramic tile Dal tile Brea 714-634-2546 Tile Doors/ Frame Krieger Pico rovera Door.fraem 562-695-0 E42!!!� JA tit ^ NO V 45 C-5 t U - NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBNHTTED WITH BID State of California ss. County of Orange M9 G E N T DJ�- being first duly sworn, deposes and says that he or she is of A l Wd e—L,ap the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. f} I(i ej e Name of Bidder J Signature ofBid Mfo A), lac:, coc .st#2�� A•�•�1ia�.. Address of Bidder 9Z Sa 7 Subscribed and sworn to before me this .2G day of S �e ,.020 2• NOTARY PUBLIC V2 'L E L . .L NOTARY SEAL a. I p9a C =Ission # 1241301 .,� Way pub"c - Cariforrio orange County My Comm. �"�s t+bvQ 20Gi C-6 � L �.1 ka . ra UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA 1 Gentlemen: ` The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as CONCESSION BIPROVEIMENTS, SOUTH BEACH, PHASE ONE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows - "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." Ike The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and • State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding 6 upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. liJ 6 64 60 6i Date: a /21(lb t_- L) yi Y-C Title C-7 6a DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes KNo If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7- F Lo `4 t Title C-9 V V UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued L before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 L a minimum of two working days before scheduled excavation. F ' I F+ 9 Dig Alert Identification Number: L Contractor By Title Date: C� K-A i 0-L Note: This form is required for every Dig Alert identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 I u . BIDDER'S INTOR IATION 4 ' L BIDDER certifies that the following information is true and correct: L Allied a Corpll Bidder Name + 1290 Nil Hancock #201 Business Address Anaheim Ca 92807 Ir. 7( 14 ) 777-3227 Telephone Number 651356 State Contractor's License No. and Class w 5/91 unginai vate issues do& 7i 31 / 03 l t, � 61 Expiration Date s S �rtt. �o The work site was inspected by lMnry Aagizari of our office on �/24/J2• .20 The following are persons, firms, and corporations having a principal interest in this proposal: Alike abghari P.-•residnet L. Jaleh Tadjdeh VII P/II Ali Abghari VP Amir abghari 'VP 61 C-11 W The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Allied E Corpil Company N -Signature of Bidder Mike Abghari , 341eh ►ut/,-, f/] Printed or Typed Signature 1290 NII Hancock #201 Anaheim Ca 92807 Address of Bidder 7( 14 ) 777-3227 Telephone Number —M Subscribed and sworn to before me this ,9(v day of S-t %cnn b c r~ 20 ©2 . NOTARY PUBLIC NOTARY SEAL R. I PA7a commLwon N 1241301 .w Notay ? iC - Co liornta Orange County My CoMM. '%Nov & =M C-12 . Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Whittier School Dsitrict I. Ohrien burhurst/ 9004 Reading Avell Los Angeles.,CA 90045 Name and Address Name and Telephone No. of Project Manager: Doug Orndoutf ^) 562 _598-7884 r. 2,170,000 and 1,790,000 Remodel Buildings 2/15/01 and Contract Amount Type of Work Date Completed Remodel Science B and Library D BuiM29701 2. Los Angeles Airport/1 world way., Los Angeles Ca 90040 Name and Address Kit Yee Name and Telephone No. of Project Manager -4E-7444 �5, 45Q, 000 Remodel 5/00 Contract Amount Type of Work Date Completed 3 Long Beach unified school Dsitrict/Long Beach ,mcA �., Name and Address Name and Telephone No. of Project Manager: Tyler Smith( 562-997-7558 �1 1,678,000 -Remodel School 6/Z98 Contract Amount Type of Work Date Completed r� If 64 i" C-13 Council/Agency Meeting Held:/4 0 �-- . Deferred/Continued to: , City Clerk's Signature Approved ❑ Conditionally Approved 0 Denied Council Meeting Date: 10-21-02 Department ID Number: PW 02-091 CITY OF HUNTINGTON BEACH99 r REQUEST FOR COUNCIL ACTION SUBMITTED TO: HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY/-,'_' HONORABLE MAYOR AND CITY COUNCIL_ MEMBERSco ri SUBMITTED BY: RAY SILVER, City Administrator o1gP D: PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work o JIM B. ENGLE, Acting Director of Community Services 'n SUBJECT: APPROPRIATE FUNDS AND AWARD CONTRACT FOR CONCESSION IMPROVEMENTS AT SOUTH BEACH PHASE 1, CC-4469-t,---tp(p� Statement of Issue, Funding Source, Recommended Action, Alternative Action(a), Analysis, Environmental Status, Attachment(s) Statement of Issue: Bids for the Concession Improvements, South Beach Phase 1; CC- 1169 were received and opened publicly on October 1, 2002. Staff recommends award of the contract to Allied a Corporation, the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $520,200 to be appropriated from the Lease Revenue Bonds, 2000 Series A, to the South Beach Improvements, Phase I Account 30187003.82200. There are sufficient funds from project savings to cover the appropriation. Recommended Actions: Huntington Beach Public Financing Authority Motion to: Appropriate $520,200 from the Lease Revenue Bonds, 2000 Series A fund balance to the South Beach Improvements Phase 1, Account 30187003.82200 Huntinaton Beach City Council Motions to: Accept the lowest responsive and responsible bid submitted by Allied a Corporation Inc. in the amount of $520,200, for Concession Improvements, South Beach Phase 1,CC- +169, and 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample construction contact. Alternative Actions : Direct staff to award the Cabana project only, which the city is contractually obligated to construct per the Waterfront Development Agreement, and do not proceed with the facelift projects for the "Beach Hut" and *Zack's Too" beach concessions, even though bond language allows for both facelifts. Analysts: Public Works staff is assisting the Community Services Department in the construction of the Cabana beach concession to meet the city's obligation per the development agreement with the Waterfront Hilton, and the renovation of the facades of two A�N �U.b 11 L Fi na Y1 C l n�a U f4i O e l fX lb '6�of existing concession buildings in the South Beach Phase I Master Plan, "Zack's Too" and the "Beach Hut". On March 28, 2002, the Design Review Board (DRB) approved the proposed renovations. On August 5, 2002, the City Council authorized the advertisement for bids, and on October 1, 2002, bids were opened. The bids are summarized below in ascending order: Bidding Contractor Bid Amount 1. HCMS Corporation $479,300 2. Allied a Corporation $520,200 3. USS CAL Builders $594,000 4. AJ Construction $605,555 5. Seashore Construction $627,252 6. Kerry Contractors $678,500 7. Newman Midland $719,843 8. JP LaBarge Construction $778,888 HCMS Corporation's bid was determined to be non -responsive as it was incomplete and not delivered on time. The lowest responsive and responsible bidder was determined to be Allied a Corporation. References for Allied a Corporation were reviewed with favorable results; therefore, staff recommends that Council accept the bid. The Huntington Beach Public Financing Authority originally approved an appropriation of $435,000 from the Lease Revenue Bonds, 2000 Series A as part of the South Beach Improvements Phase I for the Cabana; however, these funds were not budgeted In the current fiscal year. The lowest responsive and responsible bid is $520,200. Administrative Services, Community Services and Public Works have confirmed that there are sufficient funds from project savings in the Revenue Bonds 2000 Series A to adequately cover the appropriation. The construction of the Cabana is a city obligation per the development agreement with the Waterfront Hilton. The facelifts of "Zack's Too" and the "Beach Hut" will make the thirty-five year -old buildings blend esthetically and architecturally with the Cabana and other South Beach Phase I improvements. Revenue generated from each of these beach concessions is estimated at $35,000 to $50,000 per year, thus the payback period is three to five years. The cost for each of the facelifts is $50,000, and the Cabana construction is $420,000. This project will complete the renovation of South Beach Phase 1. Public Works Commission: The Public Works Commission approved this project on June 19, 2002, by a vote of 6-0-1 (Commissioner George Mason was absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s): 1. 2. 3 RCA Author. T Broussard:jm Location Map Fiscal Impact Statement Sample Construction Contract u k,.Ol ATTACHIUIENT #1 v u PROJECT LOCATION .'.': ........:......: ............................................... ................ •'......................................... y CC1169AOCATION-DWG LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS �.W' ATTACHMENT #2 CITY OF HUNTINGTON BEACH- - - 1= INTERDEPARTMENTAL COMMUNICATION To: Ray Silver, City Administrator From: Clay Martin, Director of Administrative Services Subject: FIS 2003-01 Award Contract for Improvements at South Beach Phase 1, CC Date: October 9, 2002 Q%- ion As required by Resolution 4832, thi iscal Impact Statement has been prepared for "Awarrnt or Concession Improvements at South Beach Phase 1, CB9".10 If the City Council app'tove!g- this request (total appropriation $520,200), there will be no effect on any unappropriated, undesignated fund balance since the amount is already restricted in appropriate bond funds. Clay Ma Director ' -of Administrative Services ATTACHMENT #3 �.J CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTING"TON BEACH AND FOR TABLE OF CONTENTS 1. STATE OF WORK; ACCEPTANCE OF RISK 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. IN'DEPENDErNT CONTRACTOR 7 IL LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. I`'DEMN1FICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS'COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. DEFAULT& TERMINATION IS 23. TERMINATION FOR CONVENIENCE 16 24. DISPOSITION OF PLANS, ESTIMATES AND OTI IE:R 16 25. NON -ASSIGNABILITY 16 26. CITY EMPLOYEES AND OFFICIALS 16 27. STOP NOTICES 17 28. NOTICES 17 29. SECTION HEADINGS 18 30. IMMIGRATION 18 31. LEGAL SERVICES SUBCONTRACTING PRO[ IIB17lD 18 32. ATTORNEY'S FEES [8 33. INTERPRETATION OF THIS AGREEMENT 19 34. GOVERNING LAW 19 35. DUPLICATE ORIGINAL 19 36. CONSENT 20 37. SURVIVAL 20 38. MODIFICATION 20 39 ENTIRETY 20 CITY 17UNDED CONSTRUCTION CONTRACT BETWEEN TIIE CITY OF I•IUNTwal-ON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WI IERE AS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington (leach; and CONTRACTOR has been selected to perfarm said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, Flans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from egreelformslcity wns1110.1"l I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the wort: within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK,• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; 11. Bonds covering the work herein agreed upon; apee/forms/city oonsdi 0-1 M 1 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Prorks Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like cfI'cct as if indicated and mentioned in both. In case of a discrepancy bet%vecn any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agm/formslcity consVIO-M01 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within (____) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE. ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agraelfonns'city Consdl0.1 &01 4 + .d v other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on «hick the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work. CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agredforms/city eonW10.18-01 5 7. NOTICE TO PROCF,F.n No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work duc to unavailability of the job site, for any reason, relief to CONTFUNCTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (1000 ) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all %vork done under this Agreement including, but not limited to, any %workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agn-efonoskity consVIO- 01 6 • � V the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and o%%m cost and expense. 10. INDE.PENDrwr CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/l ELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY «would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agredformslcity consVi0-IS-01 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on thc- part of CONTRACTOR, or in the event of a lockout by CITY, then the time hcrein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/ronns/citp consulo-18-01 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFER1Nt i am,, CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in %witing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, howc-,er, the time prescribed therefor may be extended by CITY. agree/formskity const/10.1"1 9 13. VARIATIONS 1N FSTIMATF.D7 QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMFNTS Each month DPW will make an estimate in ►writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of thework, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (10010) of a@reelforms/city oonst/10-18-01 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. C1TY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the: contract price shall not be considered as a acceptance of any part of the work. 15. WITI H IF.LD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 15. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agredformskitg wnnflO-18-01 1 I 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a %%giver of all claims against CITY under or arising out of this Agreement. 18. INDEMNI F1CATION, DUENSE, 110I,11I[ARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. ofthis Code, which requires every employer ag m/forms'city conVJ10.1&01 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including prod ucts.'completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. if coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars (S 1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agteelformdcity eonsVIO-18-01 13 u coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL iNSURF.n ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the wort` under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agm/formscity ooneJ10.18-01 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 23. TERMINATION FOR CONVFNIE•'NCr CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is filly complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination agree/forms/city eonstll0-I8-0I I5 period plus seven and one-half percent (7'/s %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 24. DISPOSITION OF PLANS, FSTiMATFS AND OTI IF,R DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 25. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 26. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 27. STOP NOTICMRE;COVERY OF ADMINISTRATIVE: COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One agreeformslcity consU1a1"1 16 1%.) v Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United S�<�ltes Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATIN: 2000 Main Street I luntington Beach, CA 92648 29. SECTION I IF.ADINGS TO CONTRACTOR: The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters ag•oclfonnskity consul1}I"1 17 included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 30. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United Slates Code Section 1324a regarding employment verification. 31. LFOA1, SERVICES SUBCONTRACTING PRO] ITRITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to I luntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 32. ATTORNF,Y'S FEES In the event suit is brought by either party to construe, interpret andlor enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 33. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be Mg-relformskity const110.18-01 18 unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL. The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Nkliere CITY's conscntlapproval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any oth-.r transaction or event. aLUCC/forMSkity const/10-18-01 19 U 37. SURVIVAL. Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 38. MO17II7ICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 39. FNTIRFTY The parties acknowledge and agree that they arc entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN MTNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. agmelformskiry consVIO-I"1 20 L� CONTRACTOR By: print name ITS: (circle one) Chairman/PresidenGVice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agrWformskity CAnst/10-1M1 21 CITY OF 11UNTINGTON 13EACII, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works 09 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: APPROPRIATE FUNDS AND AWARD CONTRACT FOR CONCESSION IMPROVEMENTS AT SOUTH BEACH PHASE 1, CC-1169 COUNCIL MEETING DATE: OCTOBER 21, 2002 RCA ATTACHMENTS STATUS Ordinance wlexhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomeyj Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved PX the a Attome Not Applicable - Financial Impact Statement Unbud et, over S5,000 Attached Bonds if applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial CKy Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: REQUEST FOR CITY COUNCIL PZTION MEETING DATE: 101211V DEPARTMENT ID NUMBER: PW 02-91 3, 03 Analysis: Public Works staff is assisting the Community Services Department in the construction of the Cabana, to meet the city's obligation per the development agreement with the Waterfront _ Hilton -and renovation of the facades of two existing concession buildings, Zacks Too and The Beach Hut, located within the 'South Beach Phase I project area. On March 28, 2002, the Design Review Board (DRB) approved the proposed renovations. On August 5, 2002, the City Council authorized the advertisement for bids and on October 1, 2002, bids were opened. ' The bids are summarized below In ascending order: Bidding Contractor Bid Amount 1. HCMS Corporation $479,300 2. Allied a Corporation $520,200 3. USS CAL Builders $594,000 4. AS Construction $605,555 5. Seashore Construction $627,252 6. Kerry Contractors $678,500 7. Newman Midland $719,843 8. JP LaBarge Construction $778,888 HCMS Corporation's bid was determined to be non -responsive as it was not delivered on time and was incomplete. The lowest responsive and responsible bidder was determined to be Allied a Corporation. References for Allied a .Corporation were reviewed, with favorable results; therefore, staff recommends that the Council accept the bid. The Huntington Beach Public Financing Authority approved an appropriation of $435,000 for this project, however, as the lowest responsive and responsible bid is $520,200, additional funds are necessary. Community Services and Public Works staffs have discussed funding altematives with the City Treasurer and concur that the interest earned on the Revenue Bonds Series A originally designated for South Beach Phase 1 is adequate to cover the additional appropriation. The construction of the Cabana Is a city obligation per the development agreement with the Waterfront Hilton. The facelifts of Zacks Too and the Beach Hut will make the thirty-five year old buildings blend esthetically with the Cabana and other South Beach Phase 1 improvements. Revenue generated from each of these beach concessions Is estimated at $35,000 per year. This project will complete the renovation of South Beach Phase 1. Public Works Commission:.The Public Works Commission approved this project on June 19, 2002, by a vote of 6-0-1 (Commissioner George Mason was absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). � sCV4 �J 1t4 prw C�fpbt CITY OF HUNTINGTON BEACH (CV0_711 2000 Alain Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Connie Brockway To: Cif Clerk's Office _ 2000 Main Street Huntington Beach, CA 92648 4 Fax (714) 674ZI573 N Date: A tmst 2 . M2 v ;} - ProjectlC.C. No.: GC. Nv. 1 fQ6 Regarding:Concession lmprovenrent5t Sixth Beach ❑ We are sending you: ❑ By Mail ❑ By Fax Mall(Number of pages Including this sheet:) ® We are hand delivering: ❑ Attached ❑ Undef a separate cover via the following Items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ®Other: Notice tnvltina Sealed Bids Item Copies Pages Description 1 1 3 Notice Inviting Sealed Bid; 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On August 5, 2001,the City Council authorized the advertisement of the "Concession Improvements at South Beach". Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for 9/5, 9,112 and 9/19 with a bid opening on I0/1:*Please note that for our fling purposes, I have revised the CC # from CCI 169 to CC1106. Please contact me at extension 5247 with any questions you may have. cc: By: a M. Todd Broussard, PE, Associate Civil Engineer G:\Co.wmucnor Cornx&as (CCs) \CC 1106\CONcrssvPa\T010207CtnmDw L SECTION A +A4 of-31-02 U ���sl,• of-o5-�t �1-1T-rt NOTICE INVITING SEALED BIDS for the Concession Improvements, South Beach Phase One CASH CONTRACT No. 1106 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on October 1, 2002. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $75.00 nonrefundable fee if picked up, or payment of a $100.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, Ca 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. A-1 The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A mandatory pre -bid meeting and walk-through of the site will be held on September 24, 2002 at 10.00 a.m. (meet at Cabana site), for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests «ill be considered after award of the contract. Project Description: The project consists of Concession Cabana Building, 2 concession building renovations, hardscape, grading, and drainage planting and irrigation systems. • It is anticipated that the contract will allow 100 working days to complete the Cabana and 60 working days to complete the 2 Concession Renovations. The final specifications shall contain the exact working days. • The Engineer's estimate for the work included in the contract is $450,000.00. All questions shall be directed to: James R. PickeL'Oscar Johnson Purkiss Rose-RS1 714-871-3635 Phone 714-871-1188 Fax A-2 ,W MW The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5" day of August 2002. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-3 V-� - A %*'Ainsw) brvi P —T t s� 01 O\N Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Cit Jerk's "gnature ir Council Meeting Date: August 5, 2002 Department ID Number: Pl`11102-069 �- RV. CITY OF HUNTINGTON BEACH=� =" REQUEST FOR COUNCIL ACTION SUBMITTED TO: HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY, cc C:5 . ;-1 _ n SUBMITTED BY: RAY SILVER, City Administrator OW Ln q PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Wor s RON HAGAN, Director of Community Service SUBJECT: AUTHORIZE ADVERTISEMENT FOR CONCESSI N IMPROVEMENTS AT SOUTH BEACH PHASE 1,1-C4 Cr-- 110(a Statement of Issue. Funding Source, Recommended Action, Alternat,ve Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications are complete for fagade rehabilitation to two existing concession buildings, Zack's Too and the Beach Hut. Rebuilding of the Cabana, the concession building, previously approved and bid with the South Beach Phase I project, will be included in this bid package. Funding Source: Funds in the amount of $435,000 will be appropriated from Lease Revenue Bonds, 2001 Series A, to the South Beach Improvements, Phase II Account 30187004.82200. Recommended Action: Motion to: 1. Approve the project plans and specifications and authorize the Director of Public Works to request bids for the fagade rehabilitation of two concession buildings and the rebuild of the Cabana concession building at South Beach Phase 1, Ccfltgand, 2. Appropriate $435,000 from Lease Revenue Bonds, 2001 Series A to South Beach Improvements, Phase II. Alternative Actions : Direct staff to not move forward with the two facelifts at this time, but to only rebid the Cabana project, which the city is contractually obligated to construct per the development agreement. Analysis: Public Works staff is assisting the Community Services Department in the renovation of the fagade of two existing concession buildings located within the South Beach Phase I project area. On March 28, 2002, the Design Review Board (DRB) approved the proposed renovations. Plans and Specifications are in final preparation and staff now requires permission to advertise for bids. 02-069 Aug 05 Broussard (South Beach Concessions).doc -- 7/2212002 3:48 PM �-!3 REQUEST FOR COUNCIL ACTION MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: PW 02-069 The bid package will include the rebuilding of the Cabana concession building, which was previously approved by the City Council, but removed from the scope of the South Beach Phase I improvements due to the city receiving a bid higher than the engineer's estimate. The city is required to rebuild the concession as part of the city's obligation under the development agreement with the Robert Mayer Corporation (see related Agenda F-item, Cabana Lease.) It is anticipated that more specialized building contractors will bid on this smaller package of one new building and two building facelifts, potentially resulting in a lower bid than submitted in the context of the larger project. This will allow the city to upgrade the buildings consistent with the design guidelines established for beach improvements. City staff and consultants worked closely with the DRB to establish the criteria for the facelifts of the Beach Hut and Zack's Too, and the exterior of the Cabana concession within the South Beach Phase I area. The focus was on creating improved aesthetics and overall design consistency for the buildings with roof tile, colored stucco and wainscoting similar to the new restrooms. The city will construct the building shell and the Waterfront Hilton will make the interior tenant improvements. Funding for the two facelifts and new concession building is provided through the Lease Revenue Bonds issued for South Beach Phase 11. The cost of the two facelifts is anticipated to be $100,000. The rebuild of the concession building is estimated to be $334,100 including contingencies and supplementals. It will be necessary to appropriate the additional S435,000 from the South Beach Phase 11 funding. Appropriation of the full cost is a precautionary measure to ensure adequate funding of the engineer's estimate. Although cost savings from the Phase 1 project are estimated to be approximately $200,000, the project is not yet complete. Revenue generated from each beach concession is estimated to be $35,000 per year. Total annual estimated revenue is $105,000 for the three concessions. Public Works Commission: This project was approved by a vote of 6-0-1 by the Public Works Commission on June 19, 2002. Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s)• RCA Author. T Broussard:jm 02-069 Aug 05 Broussard (South Beach Concessions).doc-2- 7/2312002 5:00 PM m ATTACHMENT #1 CC1169/LOCATION DWG LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 k..) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION To: Ray Silver, City Administrator From: Clay Martin, Director of Administrative Services Subject: FIS 2002-33 Authorize Advertisement for Concession Improvements at South Beach Phase 1, CC'1469_ 1106 Date: duly 8, 2002 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Authorize Advertisement for Concession Improvements at South Beach Phase 1, CC'1469." • Itob if the City Council approves this request (total appropriation $435,000), there will be no effect on any unreserved, undesignated fund balance because the amounts are already reserved in the fund balance 4mquja Hof the,-C�qpital Projects Fund. Clay Marti Director of Administrative Services iF9 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR CONCESSION IMPROVEMENTS AT SOUTH BEACH PHASE 1, CCt-'f&9 COUNCIL MEETING DATE: I August 5, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not ApPliC2ble Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) Si n e d in full b y the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome) Not Applicable Financial Impact Statement (Unbud et, over $5,000) Attached Bonds (If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report flf applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator initial City Administrator Initial Ci Clerk ( ) f EXPLANATION O. RETURN OF ITEM: 419 i RCA Author: T. Broussard CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 26, 2002 To: Jon Wright A J Construction Enterprises 856 N. Elm Street, Suite C Orange, CA 92867-7911 CALIFORNIA 92648 Enclosed please find your original bid bond issued by Gulf Insurance Group for 10% of bid amount. i Connie Brockway, CIVIC City Clerk Enclosure (Telephone: 714536-5227) A* Gulf Insurance Group Amemberof cltlgroup Bond No.: 11-193-097 BID BOND AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Keith Jarvis, Inc. dba AJ Construction Enterprises as Principal, and Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri. Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of ***=10 % of bid amount "** Dollars (S 10 % of bid amount ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for cash contratrt no. 1106 Concession Improvements, South Beach NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents.with good.and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for whicb-die Obligee may in good faith contract with another party to perform the Work covered by said bid, then this -oblittation shall be null and void, otherwise to remain in full force and effect. SiLned and sealed this 1st day of October , 2002 Keith Jarvis, Inc. d J Construction Enterprises ( � _ (Principal) (SEAL) Jon Wri&YAtj (Title) President C.0 ,F INS AN E COMPANY �.. (Surety) (SEAL) UZO/17 I Blake A Pfister.Attornwr-In•Fu.n GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY Attached to 11-193-097 ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organizes underthe laws of the State of Connecticut, having Its principal office In the city of Irving. Texas, pursuant to the following reso!ul°cn, adopted by the Finance b Executive Committee of the Board of Dire :tors of the said Ccmpany on the 1Oth day cf August,1993, to wit: : 'RESOLVED, that the President, Executive Vice President or any Senior Vice Fresident of the Company sha'I have authority to male, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time: and any such Attomey-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior vice President, or by the Eoard of Directcrs er by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing In this Power of Attorney shall be construed as a grant of authority to the attorneys) -in -fact to sign, execute, acknowledge, deliver or othenvise issue a policy or policies of insurance on behalf of Guff Insurance Compa•iy. RESOLVED, that the signature of the President, Executive Vice President or ary Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile• seal sha!I be va'id and binding upon the Company In the future with respect to aiy bond and documents relating to such bonds to which they are attached.' Gulf Insurance Company does hereby make, constitute and appoint Blake A. Poster Its true arrd [awful attorneys) -in -fact, wits full power and authority hereby conferred In Its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and a'.I bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as it any bends, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys) -in -fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. IN 11ATNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any off leer of the Company and Its Corporate Seal to be hereto affixed. utuxCE�o GULF LNSURANCE CONIPA.\•V SEAL P STATE OF NEWYORK SS n�'�vEcn COUNTY OF NEWYORK Lawrence P. Mliniter Executive Vice President On this Zst day of October. AD 2001, before me came Lawrence P. Minster, known to me personally who being by me duly sworn, did depose and say: that he resides In the County of Bergen. Slate of Newdersey; that he Is the Executive Vice President of the Gull insurance Company, the corporation described In and which executed the above Instrument; that he knows the seat of said corporation; that the seal allixed to the said instruments is such corporate seat; that 11 was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order.- - Y STATE OF NEWYORK SS COUNTY OF NEWYORK � OF IN ANGIE NIAiIABIR-BEGAZO . Notary Public, State of New York No. OINIA60199SS Qualified In Kings County Commission Expires February i6, 2003 I, the undersigned, SenlorVice President of the Gulf Insurance Company, a Cozneclicul Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full farce. SOAKEC Dated the 27th day of September 20 02 Signed and Seated at the City of New York. �4 �4d, • SEAL George Biancardi Senior Vice President 1 �,R4- CITY OF HUNTINGTON BEACH 2000 MAIN STREET . CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 26, 2002 To: Joshua LaBarge JP LaBarge Construction Mgmt. • 305 E. 9th St. Upland, CA 91786 Enclosed please find your original bid bond issued by Travelers Casualty and Surety Company of America for 10% of bid amount. Connie Brockway, CIVIC City Clerk Enclosure (Telephone: 714-536-5227) THEMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we JP L.aBzrge Construction Management 305 E. 9tn Street .Upland CA 91786 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America 700 N. Central Avenue, 8th Floor Glenda'e CA 91203 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bou-id unto City of Huntington Beach 200 Main Street Huntington Beach CA 92648 as Obligee, hereinafter called the Obligee, In the sum of"Ten Percent of Bid Amount*""""'*"""""" "" •i�«��iiy►��+;NfRAHN�RMNfiri�*MAN�"RMii""M4iMtMMaNlHfpaliars ($10% of Bid Amount""""'), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors. administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Concession Improvements So Beach Phase 1, 2 Concessions and 1 Caba:ta Building. NOW. THEREFORE, if the Obl°gee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or In the event of the failure of the Principal to enter such Contract and give such bond or bonds, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by sa'V bid, then this obligation shall be null and void, otherwise to rema,n In full force and effect Signed and sealed this 24th day of September (witness) �3tJ (Witness) ua 2002 (Sean e (Title) (Surety) f (Sean Leonard Attomey-In-Fact (TNe) AIA COGIR.IENT A310 • BID BOND • ALA• F EERVARY 19.70 ED • THE AMEWCANINSTITJTE OF ARCHITECTS.IM N.Y. AVE.. N.W., WASHINGTON, D.G.20306 • 1 - - r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of . 4:�_ On (- X S"- a ;X_ - DM personally appeared before me, n li lm rd T" CECEt1A J. AMATO Canfnt:sbn 121754 W Pubtic—CGllfomlo sm berncirclno County My Cosr+rn. ' cn Noy 16.2007. D-.No-yPubO A!<Fersonaily known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same In histher/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my I:and a ®rIc. ial seal. w Nolyr PUW OPTIONAL Though the Wormadan below h not required bylaw, it may prow W cable do persons rely v on fhe document and ovuld prevent Imodulenf removal and reaffadwwt of ris lam to another dxaen t Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ` ❑ Individual bp a .tea two ❑ Corporate Officer —Title(s): ❑ Partner — O LhmiSed ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: 0 ier komno Notary Aroo~ •=0 Do go* A,%, F0. 9w ZW • ChMwowet CA if 21y2 M • w.*jMwwW.W ' cap Pro& Na 5907 A wbr Cr T*Fnw fw03nwv CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On SEP 2 4 2002 before me, S.L. KYSETN, NOTARY PUBLIC , Name and Tito of Officer (e.g..'Jane Doe. Notary Putfic-) personally appeared JULIA B. LEONARD, ATTORNEY IN FACT Names) of Signerts) ® personally known to me -OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon -1 behalf of which the person(s) acted, executed the Instrument. ysL1CWnI Cornmluk)n r 1274061 WITNESS my h d and o cial se . _�►� Hatay Pub1c—Caiharia san ti!,-nc1no cbmh y 1+�YCcmn.F 3f�l��t ignatu►e of :ary Public OPTIONA " Though the informs on below Is not requtred bylaw, H may prove valuable to parsons relying on the document and could prevent fraudulent removal • and reattachment of this tone to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ 'Guardian or Conservator ❑ Other: Signer Is Representing: RIGKr THUMBPRINT OF SIGNER ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: hers BD-1133 09AX 4L 1,PCITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 26, 2002 To: Kerry O'Meara Kerry Contractors, Inc. 5862 Bolsa Avenue #108 Huntington Beach, CA 92649 Enclosed please find your original bid bond issued by Fidelity and Guaranty Insurance Company for 10% of bid amount. i Connie Brockway, CIVIC City Clerk Enclosure (Telephone: 714536-5227) r '�j1eSt'Pdll� St. Paul Fire and Marine Insurance Company Surety St. Paul Guardian Insurance Company y St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Underwriters, Inc. Fidelity and Guaranty Insurance Company Principal Office: 385 Washington Street St. Paul, Minnesota 55102 Seaboard Surety Company Principal Office: 5801 Smith Avenue BID BOND Baltimore, Maryland 21209 ��ggK��NOW ALL MEN BY THESE PRESENTS, that KEERRY CONTRACTORS, INC. HUNTINGTON T AVENUE 926 108 of as Principal, and a NARYLAND corporation, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the full and just sum of TEN PERCENT OF ANOUNT BID (10% OF BID) Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal CABANA CONCESSION BUILDING / RENOVATE, HARDSCAPE, GRADING, IRRIGATION THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered 26TH , day of SEPTEMBER , 2002 Principal: . KERRY CONTRACTORS, INC. (Seal) (Seal) Surety Company: FPEIAMID GUARANTY INSURANCE COMPANY CHRISTINE A. Attomerin-Fact PATERSON 85274 Rev. 9-2000 Printed In U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego NO. Sw On '09=26-02 before me, America San Martin, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. -JANE DOE, NOTARY PUBLIC personally appeared Cma A. PATERSON NAME(S) OF SIGNER(S) personally known #o me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Um subscribed to the within instrument and ac- knowledged to me thatA=VsheAkWf executed the same in k&/herd authorized capacity(j=), and that byxl0WherAMWt signature(z) on the instrument the person(s), or the entity upon behalf of which the person(K) acted, executed the instrument. OFFICIAL SEAL AMERICA SAN MARTIN 2 _ NOTARY PUBUC- CAUFORNIA N COMMISSION # 1200313 C (a COMMISSION DIEGO COUNTY -' "' MY Comm ssion Exp. October 31, 2002 OPTIONAL my- iandXnd official OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER- ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tm.Em ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTPIY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave, P_O Box 7184 • Canoga Park, CA 91309.7184 I's, me CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 26, 2002 To: Adam A. Nasry Newman Midland Corp. 11140 Los Alamitos Blvd., #202 Los Alamitos, CA 90720 Enclosed please find your original bid bond issued by First National Insurance Company of America for 10% of bid amount. Connie Brockway, CIVIC City Clerk Enclosure (Telephone: 714536-5227) �.d �T FIRST NATIONALINSURANCECO. OF AMERICA 4333 Brooidyn Avenue N.E. Sc4rde,WA93105 111171•►a KNOW ALL BY THESE PRESENTS, That we, KEWIAN MIDLAND CORPORATION of 1140 LOS ALAMITOS BLVD. , 0202, LOS ALP-MITOS, CA. (hereinafler called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle. Washington. a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUN NGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars (S 10% OF BID AMT. } for the payment of which the Principal end the Surety bind thEmselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal has submitted or is about to submit a proposal to the Obligeo on a contract for . CONCESSION IMPROVEMENTS,•SOUTH BEACH,' PHASE ONE CASH CONTRACT'NO. 1106 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bend, if bond is required, with surety acceptable to the Obligee far the faithful performance of the said Contract, then this obligation small be void; otherwise to remain in full force and effect. Signed and sealed this let day of OCTOBER Witness .2002 . NEtdl•IAN MIDLAND CORPORATION (S60 Principal V:�� ��A� J�fas , Pn.�•s'rar�1 — Title FIRST NATIONAL INSURANCE COMPANY OF ANIER1CA B Y SUSAN A. DUBKE Attorney•in-Fact 3-720"10 7.91 FIRST jVATIONAL SURETY] 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE OF ATTORNEY SEATTLE, WASHINGTON 98105 No. 9912 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint sar►ssrrr►ssrr►sr►ss►rss►►rarar►sssrssrrarrs«►ssrrr►rss►►ss►ssr•aSUSAN A. DUBKEssras«rrs►r►sr►rsrr►ssrr►s►rr►►►sr►►s►►ssrr►r«►rs►r►rssr►sss►r►►srrr►srr►r its true and lawful attomey(s)4n-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 27th day of January , 1999 k� 40,4&6w R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointrnent, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (IQ A copy of the power -of -attorney appointment, executed pursuant thereto, and (III) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL `'?1928. this )0/ day of eW,,&/ , g��OX- R.A. PIERSON, SECRETARY 8-1049/FNEF 7/98 1/27199 PDF CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 26, 2002 To: Franklin W. Tucker, Jr. SEASHORE CONSTRUCTION, INC. • 1930 Old Tustin Ave. Santa Ana, CA 92705 Enclosed please find your original bid bond issued by Travelers Casualty and Surety Company of America for 10% of bid amount. Connie Brockway, CIVIC City Clerk Enclosure (Telephone: 714536-5227) }.; THE AMLRICAN INSTITUTE OF ARCHITECTS A!A Document A310 Bid Band BOND # NIA KNOW ALL MEN BY THESE PRESENTS, that we SEASHORE CONSTRUCTION, INC. 1933 OLD TUSTIN AVENUE SANTAANA, CA92705 (Here insert fur! name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 700 N. CENTRAL AVE., 8TH FL. GLENDALE, CA 91203 (Here Insert full narne ,and address or legal title of Surety) a corporation duly organized under the laws of the State of CONNECTICUT as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MWN STREET HUNTINGTON BEACH, CA 92648 (Here Insert full name ,and address or legal title of owner) as Obligee, hereinafter called the Obligee, In the sum of TEN AND 001100 PERCENT Doiiars ( $ 10 % ), for the payment of which sum welt and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, 'administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for HUNTINGTON BEACH CONCESSION IMPROVEMENTS, SOUTH BEACH, PHASE ONE (Here Insert full name, address and descrlpbon of project) NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract With the Obligee In accordance with the terms of such bid and give such bond or bonds as may be specified In the bidding or Contract Documents with good and sufficient surely for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specifed In said bid and such larger amount for which the Obligee may In good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain In full force and effect. Signed and sealed this 16th day of September 2002 �a1�: i� Daley • .I (S"al) (Witness) (Title) YUNG LLICK, Attorney-ln-Fact ALA DOCUMENT A310 BID BOND ALA O FEBRUARY 1970 ED THE A INSTITUTE OF ARCHrrECTS. I M N.Y. AVE.. N.W. WASHiNGTON. D.C. C CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK C014141E BROCKWAY CITY CLERK November 26, 2002 To: Jennifer Hotrum LISS CAL BUILDERS, INC. 12792 Valley View Street, Suite D Garden Grove, CA 92845 Enclosed please find your original bid bond issued by Fidelity and Deposit Company of Maryland for 10% of bid amount. 4w. G�•'3z1�'C IJQs/' Connie Brockway, CMC City Clerk Enclosure (Telephone: 714-536.52271 ME Fidelity and Deposit Company of Maryland Home Office: P.Q. Box 1227, Baltimore, MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS:' Bond No. NIA That we, USS CAL BUILDERS, INC., as Principal, (hereinafter tailed the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto CITY OF 111UNTINGTON BEACH as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF A. OUN'T BID*** DoIIars ($10% OF A'_1i0UNT BID**), for the payment of which sum well and trclf to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CONCESSION IMPROVEMENTS, SOUTH BEACH, PHASE ONE CONTRACT #1106. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof beween the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to retrain in full force and effect. Signed and sealed this 27 T11 day of SEPTENIBER A.D. ,2002. , witness , R5: rfess C325-150M, Approved by The American Institute of Architects, USS CAL BUILDERS, INC. ISEALI Pdnc4vl By Jenni5elloKtrurmn— -s-ident (' rifle FIDEL Ah'D DEPOSIT COtitPANY OF MARYL AND Sunry By SEAL KFLLY A. Si6kMAN, Attorney -in -Fact Mw v CITY OF HUN'TINGTON BEACH 2000 MAIN STREET-CALIFORN[A 92648 OFFICE OF THE CITY CLERK COHNIE BROCKWAY CRY CLERK 0 November 26, 2002 To: John R. Pulcini HCMS Corporation 2893 Sunrise Blvd., Suite 105 Rancho Cordova, CA 95742 Enclosed please find your original bid bond issued by Travelers Casualty and Surety Company of America. f Connie Brockway, CMC City Clerk Enclosure (TsIsPhone: 7 t 4-536-52271 TRAVEdvL CASUALTY AND SURETY COMPANY OINo[ERICA TRAVELERS CASUALTY AND SURETY COMPANY FARIN NGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-li-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AIIIERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Steve Sullivan, Geri DiRienzo, James P. Vicari, Kurt J. Schmal, Alargaret II. Tinetti, Susie Holtam, U. Andrae McClain, Julie A. Shiroma, of Rancho Cordova, California, their true and lawfuul Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corpora-e Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of tie company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, tecognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revolve the power given him or her. .VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: 71.at any bond, recognizance, contract of indemnity. or writing obligatory in the nature of a bond, recognizance, or conditional undertaking squall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, t1c Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal. if required) by one or more Attomeys-in-Fact and Agents pursuant to the powve: prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boardi of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AhiERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARAIIINGTON CASUALTY C011PANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following of icers: Presidcn% any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary. e.-td the scat of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by rach facsimile signature and facsimile scat shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached_ (11-00 Standard)