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HomeMy WebLinkAboutCBR Engineer Contractors - 2003-07-07 (2)0 *2.4 City of Huntington Beach =-' INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Sudi Shoja, Construction Manager DATE: December 9, 2003 SUBJECT: Retention Release Payment Company Name: CBR Eng. Contractor, Address: 50855 Washington Street, Suite C-201, City, State and Zip Code: La Quinta, CA 92253 Phone Number: (760) 771-2278 Business License Number: A 241058 Local Address: N/A Notice of Completion Date: November 24, 2003 Contract Purpose: Tenant Improvements at Murdy Fire Station No. 2, Cash Contract 1195 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are at this time. 1.21Y Date Robert. Beardsley, Public W6rks Director I certify that there are no outstanding invoices on file. Date ri reidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. ate Connie Brockway, City Clefy retention release memo.doc 12/9/2003 T10 AM Dec 08 03 09:20a CBR Contractor 760 ')71 2278 p.2 CBR Eng Contractor 50855 Washington ST, C201 LA Quinta CA 92253 Phone760-771-2278 Fax 760-771-6609 California License Number A & B 504183 December 8, 2003 City of Huntington Beach 2000 Main Street CA 92648 Attention David Verone Subject Retention Murdy Fire Station #2 Cash Contract 1195 Please pay retention on above Qrolect r ,I' . 46 ,COPY J, City of Huntington Beach Public Works Department 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 c PROGRESS PAYMENT CBR Eng. Contractor 50855 Washington Street # C-201 La Quinta, CA 92253 (760) 771-2278 or No. I Uescrtption I Quarttity Unit j % Prl _ 1 C_onst. "sheet' linoleum in locker rm_an_ d toilet areas _ _ 1000 _ S_F. 2 Provide painting as specified 1 LS -- --- 3 ----------- --------- ---- --- Remove floor tiles in locker room and toilet areas -- --- --- -- -- ---- 1000 S F_ --- - ---- -- - ----- 1_000.00, 4 _ -_ Apply floor leveling compound-- _ _ _ - 7200-__ S F -- 5 _--- ---- -- Replace shower floor in locker room - -- 1 LS _-- -7200.00 _- 1.00 6 Replace plumbing in toilet area in locker room 1 LS - 7 -- Construct pantry -- --- - ---- - - --- - --- �-----;- -- LS ------ -- --- -- -------- - --------------- -- ---- - - - -- -- --- - -- - --- - -- ----- 8 Adjust back door as located on site plan _ _ _ _ - - _ _ _ 1 _ - LS- 9 Replace Gas Valve as located on the site plan 1 LS or Date: October 31, 2003 Progress Payment No.: 3 Final Estimate Period: October 2003 Job Location: Murdy Fire Station Cash Contract No.: CC-1195 Inspector: Duane Wentworth Price this Estimate I or-% to 1.00 $22,250.00 $22,250 00 - -- - -- $4.96 - - - - $6,250.00 ; -_- -_---_--1.00 $25,812.00 $25,812.00_--_ _-_- _ 1.00 -- -- _ $6,125.00 $6,125.00 0.90' 0.10 $2,312.00 - ----- $231.20 _ _ _ _- - 1.00 _ $2,500.00 $2,500.00 10 Reroofing 2700 - S F. 2700.00 _11 12 13 14_ Resurface AC walkway around Station- _ Wood Stud Wall _ 1 _ _ _ _ LS_ 1 _ _ LS _ _1 _ ___LS -8.96.0_ _ _ _ _ S F 1_ _ 1 - _ LS _ 120 _ C.Y _ _ 1____ _ _ LS 42 -_ C.Y __ 1 _ _ -_ _LS - 1 - - - - LS _- _1 __- ` _LS 1 LS _ __- _Construct _ __ Demolition of one existing glass bay as noted_ Remove and replace station carpeting _ Demolition of existing attached shed _ 15 _ 16 _ Reatta_ch Partition Walls that are out of_plumb _ _ _ Station Residence "Mud Jacking" _ _ _ _ _ Alt #1Eval ofexst. utilities prior to mud lacking _ 17 ___1_8 __Add_ 19 10 21 22 23 Add Alt #2 _Stat. Apparatus Bay "Mud Jacking" _ _ Change order #1 _ _ - _ Change order #2 - ----- -- --- -- --- Change order #3_ _ _--- _ -- - __- _ Change order #4 24 25 APPROVAL FOR PROGRESS PAY ENT C C. No. 1195 Payment , o.. 3 Final Approved Enc Charlonne Date -� AP AL F QUANTITIES 1.0 _ _1.00. _ 4480.00 ; 4480.0 ---- ' 1.00--- ---120.00; -- ----- _ I.uu 42.00, 1.00 1.00! 1.00: _ 1.00 0 _ $4,250.00 ; $4,250.00 0 _ _$5,875.00' $1,175.00_ $450.00 0 -- -_- $5.79--- - $25,9_39.20 $2,325.00 $24,000.00_ $312.00 $5,318.58 - _- _- - $14,412.03--------- - - - - $24,118.00 i Sub -Total:_ $90,032.40 Less Retention: $9,003.24 Less Previous Paid Total Amount Due: $81,029.16 100000 _ _ _ $1,75_0.00 _ $22,250 00 $1,850.00 $35,712.00 _ _ $6,250.00 _ _ _ _$25,812.00 $6,125.00 _ _ $2,500.00 $_47,574.00 _ _ 1.00 1000.00 7200.00 1.00 _ 1.00 1.00 1.00 2700.00 _ 1.00 _ _ $4,250.00 $5,875.00 1.00 1.00 _ _ _ _$450.00_ $51,87_8.40 896000 1.00 _ $2,325.00 $24,000.00 1.00 _ 120.00 _ 1.00 42.00 _ _ $37,440 00 _ $10,312.00 _ _$15,120.00 _ __ $5,318.58 _ $14,412 03 - _ ($17,876 00) 1.00 _ 1.00 - 1.00 1.00 $24.118.00 $329,758.01 $32,975 80 $215,753.05 $81,029.16 Page 1 of 1 PLEASE COMPLETE THIS INFORMATION • 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 i!IIIIIIIIIIIIIIIII!III!tl!IIIII(IIIIIIIIIIIIIIIIIIIIIIIIIIIItIIIIINO FEE 2003001420575 03:34pm 11 /24/03 214 110 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 CBR Eng. Contractors who was the company thereon for doing the following work to -wit: TENANT IMPROVEMENT AT HUNTINGTON BEACH FIRE STATION NO. 2- MURDY, CC-1195 That said work was completed November 10, 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 November 10, 2003, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract Developers Surety and Indemnity Company 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 November 13, 2003. 'J- �2 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 NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this November 13, 2003. Director of Public Works 6r City Engineer City of Huntington Beach, California I� THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00.059-TITLE PAGE (R7195) pECLAItATION OF SATISFACTION OF CLAIMS -s , state: 1. I am the general contractor for the City of Huntington'$each, as to the project more fully described in the public works contract entitled � fi1Zt � -�tr-t and dated 2. All workers and persons employed, all firms suppl}ing materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in coruiection with Notices to WithhoId,- wWch have been filed under the provisions of the statutes of the State of California: (if none, state' NONE') , 1 declare under penalty of perjury that the foregoing is true and correct. Executed at -+ on this day of?:yr r �u ,� /,' s (' nature of Contractor) I.-rcO C(DPY 1 I, •i�. • • . • ri1ti,,r.E �. � �� )' City of Huntington Beach Department of Public Works . Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Project No. Title r' e . &14i tL �7— hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract- or training program provisions applicable to the wage rate paid. Signature arid Title g:cc cashccnl gs:°i U .. •�. M �c C_W.*'400J vk PGC, t.--Y., Council/Agency Meeting Held: ly�- C -03 Deferred/Continued to: proved O Conditionally Approved O Denied City Clerk's Signature Council Meeting Date: October 6, 2003 Department ID Number: CK-2003-8 CITY OF HUNTINGTON -BEACH o x REQUEST FOR CITY COUNCIL ACTION y -; SUBMITTED TO: HONORABLE MAYOR AND COUNCILMEMBERS w Co SUBMITTED BY: CONNIE BROCKWAY, City Clerk C* cy _ ROBERT BEARDSLEY. Public Works Dire r I 1� a RAY SILVER. Citv Administrator otea PREPARED BY: CONNIE BROCKWAY, City Clerk e,6 SUBJECT: Adopt Resolution No. 2003-,r\ 0 Authorizing the Director of Public Works or the City Engineer to Accept the Construction Projects as Complete and File a Notice of Corn lotion in the Office of the County Recorder Statement of Issue, Funding Source, Recommended Action; Alternative Action(s), Analysis, Environmen 1 itatus, Attachments) Statement of Issue: The Director of Public Works and the City Clerk recommend Council adoption of Resolution No. 2003- '-1(7 to further streamline the Notice of Completion Process for Cash Contracts. This resolution would result in less paperwork between the City Clerk's Office and the Public Works Department and will shorten the contractor's wait for the return of company funds retained by the city. Cci1�� Funding Source: Not applicable. Recommended Action: Adopt Resolution No. 2003- "AD - "A Reso ion of the City Council of the City of Huntington Beach Authorizing the Director of Public Works or the City Engineer 'to Accept the .Construction Projects as Complete and File a Notice of Completion -in the Office of the County Recorder." Alternative Action(s): The City Clerk would continue to file the Notice of Completion. Analysis: Resolution No. 2002-10 adopted by the City Council on February 19, 2002 authorized the Public Works Director or the City Engineer, in the place of the City Council to accept construction projects as complete. .,f ". V- - \\ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: October 6, 2003 DEPARTMENT ID NUMBER: CK-2003-8 Processing time was saved by this change. The Public Works Director and the City Clerk are requesting Council approval to authorize the Director of Public Works or the City Engineer to file the Notices of Completion of city construction projects with the Orange County Recorder. Upon recordation the Public Works Department will transmit the recorded Notice of Completion document to the City Clerk to maintain with the original construction contract. Adoption of this resolution will further expedite the process for the contractors, Public Works Department staff and the City Clerk's Office. Environmental Status: Not applicable. Attachment(s Resolution No. 2003 - rJ 0 - `A Resolution of the City Council of the City of Huntington Beach Authorizing the Director of Public Works or the City Engineer to Accept the Construction Projects as Complete and File a Notice of Completion in the Office of the County Recorder." 2. Resolution No. 2002-10 — `A Resolution of the City Council of the City of Huntington Beach Authorizing the Director of Public Works or the City Engineer to Accept the Construction Projects as Complete and File a Notice of Completion in the Office of the County Recorder." 3. 1 Notice of Completion (Sample) RCA Author: Connie Brockway, City Clerk, ext. 5404 G:\RCA'S\2003RCA\ck2003-8 File Notice of Completion.doc -2- 8/27/2003 9:30 AM PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: May 8, 2003 May 15, 2003 May 22, 2003 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 22 2003 at Costa Mesa, California. Signature so Cc-1 l 5s 5[C1i01fA equal value to the retention in accordance NOTICE with the provisions of NIVIfUIGSEWDBIDSfw the California Govern- j6eTENANTIMIMIOVE- ment Code,- Section 4590. The Contractor MENTSatHUN11NGTON shall be beneficial owner UACHFIMSTATION k2- of the surety and shall receive any interest ' "MUBDY,16221 GOTHW thereon. :STIGFET,C000MCT The AGENCY hereby affirmatively ensures "No. 1195indoCMOF that minority business enterprises will be HUNTINGTON BEACN afforded full opportunity ' PUBLIC NOTICE IS to submit bids in re - HEREBY GIVEN that the ,l�sponse to this notice CITY OF HUNTINGTON ' and will not be dis- BEACH, as -AGENCY, j' criminated against on se invites aled bids for: the basis of race, color,I h e above - s t a t e d national origin, ancestry, projects and will receive sex, or religion in any such bids in the office ' consideration leading to of the City Clerk., Second the award of contract. Floor, 2000 Main Street, No bid shall be con - Huntington Beach, Cali- sidered unless it is, fornia 92648; up to the prepared on the ap- hour of 2:00 PM on proved Proposal forms' June 3, 2003. Bids will in conformance with the be publicly opened in the Instructions to Bidders. , touncil Chambers unless The bid must be. otherwise posted. accompanied by a car- ;. Copies of the Specifi-• tified check, cashier's' check, or bidder's bond' cations, and contract made payable to the, documents are available AGENCY for an amount from the Office of the no less than 10% of the Director of Public Works, amount bid. The suc- 2000 Main Street, Hun- cessful bidder shall be tington Beach, CA licensed in accordance, 92648, upon payment of with provisions of the, a $15.00 nonrefund- Business and Profes-'. able fee if picked up, or sions Code and shall payment of a $20.00 possess a State Con - nonrefundable fee if tractor's License Class' mailed. at the time of the bid A Pro -Bid Meeting opening. The successful, has been scheduled for, Contractor and his 3:30 PM on May 21,' subcontractors will be 2003 to assist the required to possess Bidders with overall business licenses from understanding of the the AGENCY. project requirements. This project requires Attendance is not the Contractor and ALL mandatory; however, Subcontractors to pos- Bldders are strongly sess a valid State of urged fo attend as California contractor's Information issued license, of the proper during this meeting not be distributed. classification in accor- will Failure to attend may dance with the provi- sions of Public Contract adversely affect your Code Section 10164. The MCI. . . • Prime Contractor shall Any contract entered possess a valid into pursuant to this ,"B" Contractor's License. In notice will incorporate addition, the Contractor. the provisions of the and ALL Subcontractors State Labor Code. Pur- must possess a current suant to the provisions City Business License of the Labor Code of the prior to the issuance of State of California, the the project permit. minimum prevailing rate The AGENCY reserves of per diem wages for the right to reject any each craft, classification or all bids, to waive any or type of workman irregularity and to take needed to execute the all bids under advise- contf act shall be those ment for a maximum determined by the period of60dais.. Director of Industrial BY ORDER of the CITY Relations of the State of COUNCIL of the CITY OF California, which are 'On HUNTINGTON BEACH, file at the Office of the CALIFORNIA, the ' 21st Director of Public Works, day of April. 2000 Main Street, Hun- Attest: Connie Brock- tington•Beach, CA 92648. we CITY CLERK OF The AGENCY will de- THE CITY OF HUN- duct a 10% retention TINGTON BEACH from all progress, pay- Published -Huntington ments. The Contractor Beach Independent May may substitute an es- 8, 15, 22, 2003 • 052-889 crow holder surety of RECEIVED BY: �} AnA (Name) (Dare) CITY CLERK RECEIPT COPY` Retum DUPLICATE to after signing/dating hi�t, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer --A-TTN-dimZlobojan, Deputy-Oty-Tteasurer �3 FROM: DATE: _ / �I 2/0, SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. z Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved (Council Approval Date) R3S92s/° Agenda Item No. City Clerk Vault No. C 8 _Cr7) • =gq,�-/ f g: jahlbondletter.doc • Trisr-%Ico INSCO INSURANCE SERVICES, INC. Underwriting Manager for. Developers Surety and tndemnity Company Indemnity Company of Califomia 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 MAINTENANCE BOND BOND NO.: 835975P Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: THAT we, CSR ENG CONTRACTOR , as Principal, and DEVELOP RS SURETY AND INDEMNITY COMPANY , a corporation organized and doing business under and by virtue of the laws of the State of and duly licensed to conduct surety business in the State of California, as Surety, are held and f rmly bound unto CITY OF HUNGTINGTON BEACH as Obligee, in the sum of THIRTY THOUSAND THREE HUNDRED SEVENTY EIGHT & 501100 (S 30.378.50 Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: TENANT IMPROVEMENTS AT HUNGTINGTON BEACH FIRE STATION NO.2 - MURDY WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. TNWITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 7TH ID-+231 ICA) (One Year Term) (REV. 3101) day of NOVEMBER 2003 YEAR DEVELOPERS SURETY AND INDEMNITY COMPANY BY: ahz'c_co REBECCA 14AAS-SATES Anomcy-in-Fact r' PFOVEDAFTOFORM l L JN I F F. R M cG RATH, City Attomey h Sutton -'�' City Antomey ST.STEOF California SS. COU.STYOF Orange On 11 /07 /03 before me, Annette Chawki, Notary Public PERSO Nit UYAPPEARED Rebecca Haas -Bates personally known to me (o tv.�rcrYto be the person{Xi whose name(11 is/are-subscribed to the within instrument and acknowledged to me that helshe/thaw executed the same bi 4iAerhlu.ir atlthori.ed capacin'VosJ, and that by hi.AerAhcix signarureW) on the instrument the person, or the entity upon behalf of which the persono acted, executed the instrument. 1'17TV SS my hand and official seal. Signature Qom✓ ANNETTE CHAWtCI ML L0M#In m N NouWkCvW tGE Co(tHTYMY EYp.1Iay 26, T005 This area for Of)'icial Notarial Seal 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OF TYPE OF DOCUMENT ..1_ NUMBER OF PAGES 11/07/03 DATE OF DOCUMENT NAME OF P-RSONISI OR ENnTY,IES1 Developers Surety and Indemnity Company SIGNER(S) OTHER THAN NAMED ABOVE ID-1232(R>~t.501) ALL-PURPOSE ACKNOWLEDGEMENT t PONVER OF ATTORNEY FOR DEVELOPERS SURETYAND 1NDE,NINITY COMPANY INDENINITY CONIPANY OF CALIFORNIA PO BOX 19725. IRVINE. CA 92623 (94912634J60 KNOW ALL MEN BY TIIESE PRESENTS. that except as exprc%sly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY CO`~iPANY OF CALIFORNIA. do each. hereby make. constitute and appoint: ***William Syrkin, Sergio D. Bechara, Leonard Ziminsky, Cloe Bierman, Rebecca Haas -Bates, jointly or severally*** as their true and law fid Attorney(O-in-Face, to make, execute, deli%er and acknotcledQe, for and on behalf of said corporations, as sureties, bonds. undertakings and contracts orsuroyship giving and granting unto said Attomcylsl•in-Fact fall power and authority to do and to perform every act nsrctiury. rcquisitc or proper to be dime in conavctiun (here%irh as each of wid cx,rlxiritions Lo uld do. b(ir rL..% ving to each of rid crnp,3rurions fidl Power or.uh.rirurian and revocation. and all of the acts of said Artorneylsi-in-Fact, pursuant to thew prc-scnts. •roc hereby ratiticd and confirmed. This Power or Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and iNDEMNITY COMPANY OF CALIFORNIA. effective as of November 1. 2000: RESOLVED. that the Chairman of the Bo;1rd. the I"n-sidcnt and any Mix President of the corporrtion be. and that each orthcm hereby is. authorized to execute Powers of Attorney. qualifying tkc attumeyfsl named in the Powers of Attorney to execute. on hchalf of the corporations. blinds. undertakings and contracts or suretyship; and that the Secretary or any Assistant Secretary or the corporation% be. and each of them hereby is. authorized to attest the execution or any such Power of Attorney-. RESOLVED. FURTI IER. that the signature% of such off iccrs may be affixed to any such Power of Attorney or Iu any certificate relating, thereto by facsimile. and any such Power of Attorney or certircate hearing such facsimile signatures shall be valid and binding upon the eorpuration when so affixed and in the future with nspw to any pond, undertaking or contract of suretyship to which it is atiachexl. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COL IPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I it day of October. 2003. AND PANYO fNxNN. By: David H. Rhodes. Executive Vice -President �yQ�4 p0'"" f��yss�Op oq { F r ?or'r r OCT. z OCT. 5 r i s 10 n F w 1967 -M By: 1936 � 044rxoa�`' A2 Walter A. Crowell. Secretary = �O /OWN STATE OF CALIFORNIA 1 )SS. COUNTY OF ORANGE 1 On October 1. 2003. before me. Diane J. ICawata. personally appeared David H. Rhodes and Walter A. Crowell. personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose name, arc subxcrih%d to the within instrument and acknowledged to me that they executed the same in their authorized capacities. and that by their signatures on the instrument the entity upon behalf of which the persons acted. executed the instrument. WITNESS my hand and official seal. MANE 1 KAWAT,t C - COMM. + 1334746 Z !+C rv^ Wary Puck - cofbma � L �� }i "� i ORANGE COt1NW L3 SignatureA-_ -- Uy Cam+. E4waa JAN. I. Za06 CERTIFICATE The under%igned. as Senior Vicc-President. Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDENINITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore, that the provisions of the trsolutions of the respective Boards of Director: of said cm7x ration set forth in the power of A(romey. are in force as or the date of this Certi (kale. This Certificate is executed in the City or Irvine. Calirumia. the 7 th day of November 2003 By Wesley W. Cowlin- . cnior Vice -President. Undcrw ID-1390 (Rev. 10.01 Company Profile Page 1 of 2 4% Company Profile Insurante DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process LAWRENCE G. KEPIRO, 17780 FITCH, SUITE 135 IRVINE, CA 92614 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 12718 NAIC Group #: 0075 California Company ID #: 4606-0 Date authorized in California:_ August 30, 1999 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: IOWA 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 glossgU. Company Complaint Information I �� Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb co_ prof utl.get co MOM EID=1... 12/9/2003 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 18, 2003 CBR Eng Contractors 50855 Washington St. #201 La Quinta, CA 92253 Re: Murdy Fire Station No. 2 — CC-1195 CALIFORNIA 92648 The City Council awarded the bid to your company for the above reference project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, wits this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does riot include specific wording for a one year warranty, then a rider cr separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, Connie Brockway, CIVIC City Clerk CB Jc Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:followu p\cashcon t\cashcon-letter.doc CITY OI- HUNTINGTON BEACH REQUEST FOR LEGS, VICES Jennifer�ll IcGth0City Attorne RLS No ;Pv 3 — p Assn To f Date a D Date: , "u6st made by: Te phone: Department: 12/04/03 David Verone 8471 PUBLIC WORKS INSTRUCTIONS:)File req est in the City AttomWOffice Outline reasons for this request and state facts necessary f City Attorney to respond P se attach all pertinent information and exhibits TYPE OF LEG SERVICES REQUE D: ❑ Ord inanc Resolution Opinion ® Contract/Agreement (Allow 5-20 rking days)* (Allow 20 working days)* (Allow 15-20 working days)* ❑ General Legal ❑ Document Review Assistance (Ongoing) (Allow 2-10 working days)* * All deadlines are based on the date the City Attome 's Office receives the RLS This request evie d and approved ' Signature of DelWrtment Head DEC 0 . 0; COMMENTS Please identify all attachments to this RLS Please review and approve "As to Form" the attached maintenance bond furnished by CBR Engineering Contractors Company contractor for the tentant improvements at Huntington Beach Fire Station No 2 — Murdy Project CC 1195 1 Maintenance Bond # 835975P Shaded areas for City Attorneys Office use only This request for Legal Services has been assigned to Attorney extension His/her secretary is , extension I Notes: I Date Completed: RLS maint bonds doc 4 ommnm d 92 DRA s • .RECEIVED BY. CITY CLERK RECEIPT COPY , /G y ,,� n`. Return DUPLICATE tojethey (Name) • after signing/dating [J (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shari Freidenrich, Crty Treasurer FROMWpw4 lI4,) ('114 DATE i I t , I.1 ") SUBJECT Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No Re Tract No CC No MSC No Approved (Council Approval Date) kna.C'anfradw (Company Name) 955y75 P $ 3 5116 ? Agenda Item No City Clerk V,IGit No g /lah/bondletter doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 18, 2003 CBR Eng Contractors 50855 Washington St. #201 La Quinta, CA 92253 Re: Murdy Fire Station No. 2 — CC-1195 CALIFORNIA 92648 The City Council awarded the bid to your company for the above reference project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount'of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, Connie Brockway, CIVIC City Clerk CB# Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g: followup\cashconf\cashcon-Ietter.doc (Telephone, 714-536-5227 ) ` JUL= ,-8-2003 FR 1 01: 31 PM SAWYER, CWK & CO, 1•R,K h'0. 909 7936793 P. 02 MOM CERTIFICATE F LIABILITY INSURANC-ql�K lD °"" � �a3 *Daucew ;OrOna Branch, Lie 60207713 cm"& lawyer, Cook t Company ? O Box 2220 ry(f (7 a ' THIS CERTIFICATE IS ISSUED ASA MATTER Of INFORMATION ONLY AND CONFERS k0 RIGHTS UPON THE CERTIFICATE HOLDIEX THIS CERTIRCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORMO BY THE POL_FCIES BELOW INSURERS AFFORDING COVERAGE tedlands CA 92373 Phone:909-793-2814 Fax:909-793-6193 rtuRED INSVAERA Navigators Insurance Co22an CSyWT�nggimperinq Contractors Dyld Robctdeat g C-201 Ea Quin r,SURERI pro rt:ssive Co anies WsuReRc .+su+uRo �11;URtR E :OVERAGE$ TNa r9uCEB OF PtiLrMMCf LISTED BtLONf NAVE BIIR ISSUED 10 M M9uRE.0 NAueD RSO1fE FOR THE ►oL1Cr PERao r+OICAT>:D MOTWiTH�TANDsR. ANY REGUIREMENT,TE'RM OR CONOITON Of ANY CONTRACT OR OT►tA D06LIMfiNT W" Rf iPECT To WHICH THII CER71FICLTA WRY 9E 19SyED OR &AY KRTA+4. THE wSuRAmCE AffORDEO NY THE rOLIM S OLISCR4Bi0 NtRERI IS SMZCT TO ALL TNt TERW. EX0L1jS0MS AND CONUnu 8 Of SVCM POLICIM AGGREGATE LMRT! SHOWN YMi NAVE BEEN REDUCED BY PAID CLA"L wmvwwwm 1AI TTPB OF B13LMAMCS POLICY 11UNIRER A7rE pNxt ►UTS A ONNERULIAM" x tmawRWAL GE> row� I"xm CL+LR4W61 U OCCUR CI.207720 07/30/02 07/30/03 CACHOMRRENCE i2 000 000 FIREOAMAGl LR,M"&,o s 5o OOD MEDtv*'vsmP• W) 55,000 PfRSDNRL AAMViJ,j V $1 000,000 GENERAIAGGREr.ArE ls2,000,000 _ GEM'LAGGRFLATEIPAAr"sn1t P XZY ;r a LOC ► IXXTS-CDMRPOFAGG 31,000,000 S AuTOWSM—lAslLmr AMYAUTO AU &O MEDAYTOS x sc.IEDL1LBaAurat; NVIDAVT0.3 10ON-0WP410AV703 CK04339477 07/27/02 07/27/03 COUNINE0 IWLEL."T $1,000,000 � �WAMr s OODi 4 Y VPW PROMTYGAWAreaer0 GE i OARAOSLAABt" AWAVTO di:j saf e �J" T : A7TOOMY.PAACCCENT f OTHERTHAm ERACC AUYG ONLY; AGO i B BICE" U"W" OCCUR CL4WMADE DEDUCndi! RlTEN'l10M 3 `/ AWL INSURED EN: CR ; MINT ,TV-C,"flP VWX OCCURROPP" II AdMOA71 : f i WORKERS COMMMUTJON AND 5AiRbYLR4' LMYMif JW t1' WkT TO ! l tiRCMiCtiDEMT S i L DISEASE - FA EMPLOYEE; i i-L DMEAM - FDMV L..v 1 L OTHER 0lSCNIriIOM OF oFEr►iIOMiILDCRit7NlfrilrC i+EtCwiIDr7 ApDEn BY LMDDN30MtM1Al►tGALPROYIHOMs The City of Huntington Bleach, its agents, officers and &Wloyoos are nwwd as additioaal insUrRd as their interest may appear. RL: CC6 2195 Wrdy Dire station No. 2. *10 clay notice for non-payment of prawium. CERTIFICATE 14OLDER 11f ADomDNK LRwReD asttwiw LSTTiR: CANCELLATION C1TT Z*QM D MY OF THt ABC" DEi "M POUCU K CANCRL = NPORC TNi CIUVA11DN City of Huntington beach OATin1[RCOP,1NlISiuwa*WR1R MMAL —U sAY&WOMEM Attn: Risk Management No11E1ElorMaO[RTrRCAlE1LDLDceAArmlarHiLAP7. 4 2000 Malin Street P.O. Box 190 �S Huntington Beach CA 92648 23.5 (71?7) - {-JAACORO CORPORATION 19sa JUL-18-2003 FRI 01:31 PM SAWYER, COOK & CO. FAX KO. 909 7936793 P. 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsenent modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) The City of Hunting Beach It's agents, officers, CG 20 10 1185 and employees are named as additional insureds. 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 ituvrance such as is afforded by this polity 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 die person or organization shown in the Schedule, but only with respect to liabiliry arising out of "your work" for that insured by or for you. The fallowing additional provisions apply to any entity that is an insured by the terms of this endorsemem: 1. PdMry Wording If required by written contract or agreemnt: Such insurance as is afforded by this policy shall be prirrary insurance, and any itzsmum or self-insurance maintained by the above additional insured(s) shall be excess of t>te insurance afforded two tine named inswed and shall not contribute to it. 2. Waiver of &bro as tion U required by written contract or agreemerm 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 comract 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 Ar-ir agentslemployees. ANF 160 (Q8199) APUO D S FO S: �ffl J..64IFER McORATH, CityAttomey Jul 1`8 03 12:44p CBR Contractor 760 771 2278 p.2 POLICYHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION I N S U RANG 6 F V N DICERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-14-2003 CITY OF HUNTINGTON BEACH 2000 MAIN ST PO BOX 190 HUNTINGTON BEACH CA 92648 GROUP: POLICY NUMBER: 1542568-2002 CERTIFICATE ID: 13 CERTIFICATE EXPIRES: 08-01-2003 08-01-2002/08-01-2003 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 that will expire or did expire as indicated above. This certificate of insurance is riot 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. b6444� AUTHORIZED REPRESENTATIVE Al,� , G . 6&.. PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - CHAING AIE ROBERDRS PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - DAVID ItAY ROBEZDES SEC TRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2002 IS _., ATTACHED TQ_AND FORMS A PART OF THIS POLICY. _ - PROVED FO 6MKOVERZ3. l ' NNIFER McGRATH, Ci Attompy, CBR ENG CONTRACTOR INC. 54015 SOUTHERN HLS LA QUINTA CA 92253 a&-IIKJ 01.14-2003 SCIF 10262E Accept INs cerG6cate oNy 6 you we a taint watem yk that reWs 'OrFICLAL STATE FUND OOCUMENr PAGE 1 OF 1 -?' fb-ZUUJ M o1:31 Pn MYER, COOK 8 CO. FAX NO. 909 7936793 F. 01 Si rs24 P.O. Box 150 + Redlands, CA 92373 PH (909) 793-2814 • FAX (9M) 793-6793 • sawyerwok.com To: Nun From: Remarks: -- D 1NSCO INSURANCE SERVICES. INC- le sc%1CQ Underwriting Manager for. e 7 • Developers Surety and Indemnity Company Indemnity Company of California 17780 Filch, Suite 200 • bane, Catifomla 92614 • (949) 263-3300 Bond No. M975P $ 5,557.00 premium is forcontract term and is subject to adjustment based on final contract price. Performance Bond 'Printed in cooperation with the American Institute of Architects (AIA) by the Insco/Dico Group. The language in this document conforms exactly to the language used in A)A Document A311, February, 1970 edition.' KNOW ALL MEN BY THESE PRESENTS: that CBR ENO CONTRACTOR, INC., 50855 WASHINGTON STREET NO. C-201, LA OUINTA, CA 92253 (Here insert full name and address or legal title or contractor) as Principal, hereinafter called Contractor, and, DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200. IRVINE, CA 92614 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto THE CITY OF HUNTINGTON BEACH. . 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner in the amount of THREE HUNDRED THREE THOUSAND SEVEN HUNDRED EIGHTY FIVE AND 401100--- Dollars IS 303,785.40 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, Jointly and severalty, firmly by these presents. WHEREAS, Contractor has by written agreement slated entered into a contract with Owner for (here insert full name, address and description of project) YEAR TENNANT IMPROVEMENTS AT HUNTINGTON BEACH FIRE STATION NO.2 - MURDY in accordance with Drawings and Specifications prepared by ENGINEERING RESOURCES, 20301 ACACIA STREET, (Here insert full name and address or legal title of Architect) SUITE 150. NEWPORT BEACH, CA 92660 Which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 40 v t V AS TO Foul 1 't'�IFER.'44RATH, CityAttomey $arab Soto, 10.1042 1A —Public Perlormanoe (REV. 2'0i • PAGE 1 or2 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to Signed and sealed this 16TH PRINCIPAL: CBR,ENgCONTRACTORS, INC. day of JULY ID-1042 (CA) (AIA) —Public Performance (REV. 2101) • PAGE 2 of 2 pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. 2003 YEAR SURETY - DEVELOPERS SURETY AND INDEMNITY COMPANY SYRKIN \ ` Attorney -In -Fact STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES On July 16, 2003 , before me, CHERYL- CAIGER PERSONALLY APPEARED WILLIAM SYRKIN 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 acknowl- edged to me that he/she/they executed the same in his/ her/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 hand and official seal. Signature OPTIONAL tiYL CAiG�R O hi: IJQwIM. 1256026 X No 4-vPUBUC•CALIFORNIA LOS A-WELES couNTY :7. Comm. Expires Mar 9, 2004 This area for Official Notarial Seal 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 TmE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID•081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT 4DIR- ' INSCO INSURANCE SERVICES, INC. inSC�'CO Underwriting Manager for. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 Bond No. 835975P Premium.[ is included in Performance Bond Labor and Material Payment Bond "Printed in cooperation with the American Institute of Architects (AIA) by the InscoDico Group. The language in this document conforms exactly to the language used in AIA Document A311. February, 1970 edition." This Bond is issued simultaneously with Performance Bond in favor of the Owner conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that CBR ENG CONTRACTOR, INC., 50855 WASHINGTON STREET (Here insert full came and address or legal title or Contractor) NO. C-201, LA QUINTA, CA 92253 as Principal, hereinafter called Contractor, and, DEVELOPERS SURETY AND INDEMNITY COMPANY (Here inner. U1 name and address or legal title of Surety) 17780 FITCH, SUITE 200, IRVINE, CA 92614 as Surety, hereinafter called Surety, are held and firmly bound unto THE CITY OF HUNTNGTON BEACH (Here insert ull name and address or legal title of Owner) 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow refined, in the THREE HUNDRED THREE THOUSAND SEVEN HUNDRED EIGHTY FIVE AND 40/107— --- amount of --------------------- ---------- • Dollars ($ 303,785.40 ), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , entered into a contract with Owner for (Here insert full name, address and description of project) YEAR TENNANT IMPROVEMENTS AT HUNTINGTON BEACH FIRE STATION NO. 2 - MURDY in accordance with Drawings and Specifications prepared by ENGINEERING RESOURCES, 20301 ACACIA STREET (Here insert ful name and address or legal title of Architect) SUITE 150, NEWPORT BEACH, CA 92660 APPROVED AS TO FURM which contract is by reference made a part hereof, and is hereinafter referred to as the Cg.JNIFER McGRAM QtVA%le} By�21_S_'z_ ID-1043 (CA) (AIA) — Public Labor and Material Payment (REV. 2/01) • PAGE 1 of 2 Deputy City Aftmy LABOR AND MATERIAL PAYMENT BOND NOW, 7HERFFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shaft promptly make payment to all claimants as hereinafter defined, for all labor and material used at reasonable required for use in the performance of the Contract, then this obligation shall be void; otherwise if shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one halving a direct contract with the Principal or with a Subcont-actor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include bat part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner LSat every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (901 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furphl*d by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: al Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following. the Principal, the Owner, or the Surety Above named, within ninety 190) days after such claimant did or performed the fast of the work or tabor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, Signed and seated this 16TH PRINCIPAL: 4 1 day of JULY or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. bl After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controifing the construction hereof such limitation shad be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the . Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanic' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 2003 VVW— SURETY; DEVELOPERS SURETY AND INDEMWrY COMPANY WILUAM SYRKIN Attomey-tr4an 10.1043 (CA) (A AJ .- P, Wia Ubor ud Mates Payrmnt (REV. Tt11)• PAGE 2 or 2 STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES On July 16, 2003 , before me, CHERYL CAIGER PERSONALLY APPEARED WILLIAM SYRKIN 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 acknowl- edged to me that he/she/they executed the same in his/ her/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 hand and official seal. Signature CA� OPTIONAL rUSF1YL CAIGER O 3 wOh1110. 12.56025 ' Z7>.�:ARrPU-3L,C-CAUFOFagA LOS XNGEI ES COUNTY V1. Comm. Exoires Mar. 9. 2004 This area for Official Notarial Seal 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 TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 105 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY IZD£ININITY COMPANY OF CALIFORNIA PO BOX 19725. IRVINE. CA 92623 • (949) 263-3,100 KNOW ALL MEN BY THESE PRESENTS. that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each, hereby mike, eoncrirutc and appoint: ***Cindy L. Ridley, Cheryl Caiger, William Syrkin, W.W. ]elks, R. G. Park, Cassie 1. Berrisford, jointly or severally*** as their true and lawful Attomey(s)-in-Fan, to make, execute, deliver and acknowledge. for and on behalf of said corporations, as sureties, bonds. undertakings and contracts of suretyship giving and granting unto said Attorneylsyin.Fact full power and authority to do and to perform every act necessarv, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation. and all of the acts of said Altorney(s)-in-Fact, pursuant to These presents. are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November 1. 2000: RESOLVED, that the Chairman of the Board. the President and any Vice President of the corporation be. and that each of them hereby is. authorized to execute Powers of Ailorney, qualifying the aitorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds. undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the eorporalions be. and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED. FURTHER. that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or eenificale bearing such facsimile signatures shall be %alid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents lobe signed by their respective Executive Vice President and attested by their respective Secretary this R" day of January.'_(N)_. C:1 By: ! �5j AND NOM�Y�0� D rvid H. Rhodes Executive Vice President O gPOgy y G p "-e By: Walter A. Crowell. Secretary STATE OF CA LIFO RNIA ) AS. COUNTY OF ORANGE ) C.rO a' 0938 OCT. �= z 2 OCT. 5 1967 s fow�,r �r o y O'[!p Ax On January R. !02. before me. Antonio A1,.arado. personally appeared David H. Rhodes and Walter A- Crowell, personal1v known to me joy proved to Ale on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by Their signatures on the instrument the entity upon behalf of which the ner%nns acted. execttterl the inunrment. WMNESS my hand and official seal. Signature CERTIFICATE: T ANTONIO ALVARADO a _ COMM. 0 1300303 a Notary Public - Calitomia 3 ORANGE COUNTY I4y Comm. Expires APR:L 10. 2005 The undersigned. as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Anorney, are in force as of the date of this Certificate. This Certificate is executed in The City of In ine, California, the 16 th day of July 2003 By t" - David G. Lane, Chief Operating Officer ID-1730 (01,U_) ♦�s3 T H'E GROUP DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we - notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond Under this program, the Federal Government will cover 90% of- the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,060.00 for which the Federal Government or an insurer can be - responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been changed for the terrorism coverage required by the Act. Developers Surety and Indemnity► Company Indemnity Company of California IMO P&h Irvine, CA 92614 (949) 263 3300 wwwJnscodico.com i ,r `G/�l .j INSCO INSURANCE SERVICES, INC. Underwriting Manager for. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, CBR ENG CONTRACTOR BOND NO. 2122"2 as Principal, and DEVELOPERS SURETY AND INDEMNIFY COMPANY a corporation authorized to transact a general surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto DIN OF HUNTINGTON BEACH (hereinafter called the Obligee) In the fuii and just sure of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars, (5 10% ) for the payment whereof in lawful money of the United States. we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. . WHEREAS, the said PRINCIPAL has submitted the accompanying bid for FIRE STATION &2 MURDY 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, or in the event of the failure of the Principal to enter such Contract, 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 29TH day of MAY 2003 1W DEVELOPERS SURETY AND INDEMNITY COMPANY Surety By: WILLIAM SYRKIN Attorney -in -Fact 10-1198 (Hid Sord) (REV. 1101) I- FSTATE OF CALIFORNIA LOS ANGELES V I SS. On , MAY 29, 2003 , before me, CHERYL CAIGER PERSONALLY APPEARED WILLIAM SYRKIN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowl- edged to me that re/she/they executed the same in his/ her/their authorized capadty(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 instrumenL WITNESS my hand and official seaL Signature _(2�LY OPTIONAL r_. r, CHE vL CAIGER w . ..� CC',J%,A 12=6026 NOT.,i-.r%-SLIC-CAUFORNIA o LoE :GEIES COUNTY " lfy. t t otos This area/or O,Ecal Notarial Seal 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 TmE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL I ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAM'CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS, OR FMITYVE57 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1 C_1 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT ' POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 9262-3 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS. that etcept as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each, hereby make. constitute and appoint: ***Cindy L. Ridley, Cheryl Caiger, William Syrkin, W.W. ?elks, R. G. Park, Cassie J. Berrisford, jointly or severally*** as their true and lawful Attomey(s)-in-Fact. to make. execute. deliver and acknowledge. for and on behalf of said corporations, as sureties, bonds, undertakings and contract. - of suretyship giving and granting unto said Attemey(s}in-Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as each or said corporations could do, but reserving to each of said corporations full power of substitution and revocation. and all of the acts of said Attorney(s)-in-Fact. pursuant to these presents. are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors. of DEVELOPERS SURETY AND I,NDEXINrrY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1. -(910- RESOLVED. that the Chairman of the Board. the President and any Vice President of the corporation be. and that each of them hereby is. authorized to execute Powers of Attorney, qualifying the attorneys) natred in the Powers of Attorney to execute. on behalf of the corporations. bonds. undertakings and contracts of suretvship: and that the Secretary or any Am ictanl Secretary of the corporations be. and each of them hereby is. authorized to attest the exccution of any such Power of Attorney: RESOLVED. FURTHER. that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing,uch facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or contract of suretvship to -a hick it is attached. IN WITNESS WHEREOF. DEVELOFERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA presents lobe signed by their respective Executive Vice President and auevted by their respective Secretary this S" day of January, a)tl_. SAND j David H. Rhodes. Executive Vice President `Ogc40R f �,�yys _ : a r OCT. `1.4 ZQ fa 3n Bye =o 1936 10 Walter A. Crowell. Secretary 5�-0WY STATE OF CALIFORNIA ) ).SS. COUNTY OF ORANGE ) have severally caused the c On January S. 2002. before me. Aator.o Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally kno%%n to me (or proved to me on the basis of satisfactory evidence) to be the prrsens whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the enlity upon behalf of which the nemons need. executed the instntment- WITNESS my hand and official seat. qjSignature CERTIFICATE ANTONIO ALVARADO p COMM. 0 1300303 A - Notary Public • Catiftxnia i ORANGE COUNTY F 0 !Ay Corrm. Ex0es APRIL 1C.?Ot:3 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore. that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the dale of this Certificate. This Certificate is ezectaed in the City of Irvine. Califomia. the 29 th day of May .2003 By �. David 0. Lane, Chief Operating OtGcer 1D-1380(01/02) A T H E GROUP DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine, CA 92614 (949) 263 3300 wwwlwcodico.com om4pany Profile Page I of 2 tm a tatm"t of Company Profile Insurance DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process LAWRENCE G. KEPIRO, 17780 FITCH, SUITE 135 IRVINE, CA 92614 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 12718 NAIC Group #: 907� California Company ID #: 4606-0 Date authorized in California: August 30, 1999 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: IOWA 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. SURETY Company Complaint Information company EnfQrcemcnt Action Documents Company Performance & Comparison Data -Composite Com- laint Studies http://cdinsww-�%P.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.gct co_proPp_E1D=1... 7/22/2003 Company Profiles U Page 1 of 1 Awl a i�ment Hof CompanyList insurance For more information on any company, click the Company Name "Info" link. To view all companies in the same group, click the NAIC group number. State of NAIC NAIC Croup Name Company lame Domicile Number Number Type DEVELOPERS SURETY AND IA 12718 0075 Legal INDEMNITY COMPANY (Inti,j Name Record 1 New Search Last Revised - July 10, 2003 05:26 Pht Copyright C California Department of Insurance Disclaimer http://cdins«-,xtiv.insurance.ca.gov/pis/wu_co_proflidb co_list$co list me.actionquery 7/22/2003 C Y OF HUNTINGTON BEACH MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: PW 03-041 Council/Agency Meeting Held��— Deferred/Continued to: If ` Approved ❑ Conditionally Approved O Denied City Clerk's Signature Council Meeting Date: July 7, 2003 Department ID Number: PW 03-041 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION c SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorOle-4 VEPARED BY: ROBERT F. BEARDSLEY, Director of Public Works -p ; DUANE OLSON, Fire Chief SUBJECT: AWARD FIRE STATION NO. 2, MURDY IMPROVEME RO.�ECT;� CC-1195 Statement of Issue, Funding Source. Recommended Action, Alternative Action(%), Analysis. Environmental Status, Attachment(s) Statement of Issue: Bids for the Fire Station No. 2, Murdy Improvement Project, CC-1195 were received and opened publicly on June 3, 2003. Staff recommends award of the contract to CBR ENG Contractor, the lowest responsive and responsible bidder. Fundinq Source: Funds in the amount of $345,000 are available from Account No. 30187013.82200, General Fund Capital Improvement Projects, Murdy Fire Station, Building Improvements. The Engineer's Estimate is $336,000. Recommended Action: Motion to: 1. Accept the lowest responsive/responsible bid submitted by CBR ENG Contractor in the amount of $303,785.40 for the Fire Station No. 2, Murdy Improvement Project, CC- 1195; and 2. Authorize the Mayor and City Clerk to execute a construction contract with CBR ENG Contractor in substantially the same form as the attached sample construction contact. Alternative Action(s): Direct staff to not move forward with the project at this time. Analysis: Public Works staff is assisting the Fire Department to mitigate building settlement at the Fire Station, No. 2-Murdy. A consulting engineer's study evaluated the costs to completely retrofit or rebuild the station. It was determined that the construction cost wouli�� 03-041 July 7 Broussard (Award Murdy FS).doc -JZ- 6/23/2003 10:45 AM REIIUEST FOR COUNCIL ACTIOR MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: PW 03-041 be approximately $2.6 million. Due to the City's current budget constraints, temporary improvements are being proposed to keep this essential facility operational. The project will mitigate some of the slab settlement issues by pressure grouting the voids beneath the slabs, straightening the interior walls, replacing tiles with linoleum and leveling the floor until funding can be secured for the complete rehabilitation of the station. At this time, and throughout construction, the facility will remain habitable with no health or safety concerns for the occupants. On April 21, 2003, the City Council authorized advertisement of this project and on June 3, 2003, bids were opened. The bids are summarized below in ascending order: Bidding Contractor Bid Amount 1. CBR ENG Contractor $303,785.40 2. Syram International, Inc. $423,280.00 3. Engineers estimate $336,000.00 The lowest responsive/responsible bidder was determined to be CBR ENG Contractor. References were reviewed with favorable results; therefore, staff recommends that the Council accept the bid of CBR ENG Contractor. Public Works Commission: The Public Works Commission reviewed and approved this project on March 19, 2003, by a vote of 5-0-2 (Commissioners Gartland and Johnson were absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s): RCA Author: T. Broussard:jm 03-041 July 7 Broussard (Award Murdy F$).doc -3- 6/2412003 9:50 AM V kJ ATTACHMENT #1 J wr�cwJ y.SJ.uL rm Ellin w Ave. i I ; i ti l 1 1 of rii ! r1�� 's'.j�F� � --- - - •�_, -fir B1ue.aR� Dr. - I sjl 1iIt111f 1�11f fri tl s i Stoneriood Dr. ' f i t�t� f W � r 1 i •� ` �� Mir°►' cx .-- t1� Ought Cie. ; � . BouquM Dr. �i Fight Cir. EIL Uno� D-r.--�- `ii!rYr - —24inligh �NN;: r 3i'f II11 1 Jf i�: Iltjl t �� I If! ;jl il tIl 1 1•�1'f s Ilt�ii tljL LorW mr. ! ! I I I s t i i 3 1 r r rl - i I Volfp pr. e + .» .�i!fil 1 ltjl`r 1]l=Ii D w ' Ijd L Jx\ Hell Aw. ter- •• {--,—I('— i i i! i11IY 7 i7 r Ijri 1jti i � l i � � �' �� l�1�: t t slt ilil LOCATION MAP Fire Station No. 2 - Murdy N Q _ w -- fit E S City of Huntington Beach Scale: 1' = 433' Eli .t Location Map V N ATTACHMENT #2 *- V } . 6/��' Oel6/na-�( CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND C 413R EY16 • C ntaArl+brS l FOR 1 �tiA�0.n-1 �N1n�D�1 ei►tOylrS 4 RQaC� �lf t iS���con �s• 2►' r1'1�sf �, Cc-!1 �l� TAI31,F. OF CONTENTS Pau No 1. STATE OF WORK; ACCEPTANCE OF RISK 1 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. INDEPENDENT CONTRACTOR 7 H. LIQUIDATED DANIAGES/DE-LAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 I5. WITI II IELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD I[ARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CrTY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROI IIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF T[IIS AGREBIENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND G E116 , CeA-NAc-+o r s FOR fiNo. 2 — Mukca W THIS AGREEMENT ("Agreement") made and entered into this day of v` 20pl, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and 6 Bjq En3, C,0JO fors -, a California _Cc R Poi`ct'}`ton , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as TegINAA V14J, Flre S1;J4;0% . Z in 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: 1. STATEMENT OF WORK; ACCFPTANCF 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 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 agreelformslcity corsU4-03 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 work 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 SFFCIFICATIONS 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; B. Bonds covering the work herein agreed upon; agreelrormslcity consU4-03 2 C. The CITYs 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 MorJEs 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 agree/forms/city cony/4-03 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 Th�tt hunhred an4 T%Ncee 1lr►a s_,� S ey e s% V%%&VN rQd u Dollars ($ o 78 5- 40), as set forth �gk} 4'►�r t d ell..rc a.+1 �. t1y c on�4 S . in the Contract Documents, to be paid as provided in this Agreement. 4. C0;1MF.NCFh1FNT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently erosecute the PROJECT to we r k%noj completion within �� .�r (�O) consecutive 'paVg from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIMF OF TI I 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 agree/forms/city con,n/.1-03 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 CHANGFS 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. %%.%cn 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. agree/rorms/ciq• const/4-03 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 (100%) 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. WARRANTIFS 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 after notice by CITY of any defect in the work-, shall have the option to make appropriate repairs or replace agreelformVcity oons3/4-03 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. INDEPENDENT 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/DELAYS 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 l u-16 Sqo, c� _ _ Dollars (S� oo o. -) 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 agree/fornWcity cons /4-01 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 Cod 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 agree/forms/city consd4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole rcmedy of CONTRACTOR. 12. DIFFERING SITF CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW 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) 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 Fxtension: 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. egrWrormVcity consN4-03 9 13. VARIATIONS IN ESTIMATED OUANTITIFS 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 mare 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 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 the work, 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 (100%) of sgralformVcity constl4-03 10 U, U 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 terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD 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. lb. 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. pgree/formskity eonW4-03 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. INDENINIF[CATION 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, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any land 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 EMPLOYERS LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer aVedfomukity consV4-03 12 V Q 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 CONTRACTOWs 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 ($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 ($1,000,000) for this PROJECT.. This policy shall name CITY, its officers, elected or appointed ofYicials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agrcdrormskih• consV4-43 13 I 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. CFRTIFICATFS OF 1NSURANCF: ADDITIONAL. INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall fumish 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 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, e6reelfornWcity mn�V4-03 14 U elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE. OF T1IIRn PARTY CI,AT,M Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TFRMINATION 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 (I0) days alter 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. agw/forms/cin• consW-03 15 24. TERMINATION FOR CONVENIF,NCF, 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 period plus seven and one-half percent (7 % %) 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. 25. DISPOSITION OF PLANS, FSTIMATFS AND OTTIF.R DOCUMENTS CONTRACTOR agrees that upon completion of the wort: 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. 26. 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. 27. CITY FMPI.OYF FS 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 Gorernment Code. AgreelformVchy Const/4-03 16 28. STOP NOTICES: RECOVERY 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 Hundred Dollars (SI00) 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. 29. NOTICE S Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a scaled envelope, postage prepaid, and depositing the same 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 parry via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN:-V,ktriJ efon2 2000 Main Street Huntington Beach, CA 92648 agree/forms/city consd4•03 17 TO CONTRACTOR: CS Q En�.-GAAAAe-yofs 50855 L1a l'tlbA S�- * i �2Z S3 30. SECTION 11FADINGS 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 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. 31. 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. 32. i.FGAI. SERVICES SUBCONTRACTING PRO1f1BfTFD 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 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. 33. ATTORNEY'S 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 ag edforms/eity constM-03 18 V U 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. 34. 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 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. 35. GOMNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. 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, agreeIrormskity oonst/4-03 19 L% U 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. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be conscni/approval to any subsequent occurrence of the same or any other transaction or event. A 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. 40. 1:NTIRITY 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 parry or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that parry 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 agree/ronnskity, const/4-03 20 of this Agreement, and supersede all prior understandings 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. CONTRACTOR _�-D g S"-�ir�s 4 r,4 S. r 3 ZU�� ems- �a2-s -47 By: print name ITS: (circle one) Chairman/Presiden ice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST: AND BY __APPROVED AS TO FO �A �! � � s - n print name ITS: (circle o;:e Secretary/Chief Financial Officer/A st. City ttorney 1 (-Secretary - Treasurer REVIEWED AND APPROVED: d City A<669strator agree/forms/city const/4-03 21 ITIAT AND AP VED: Director of Public Works 09 U SECTION C U PROPOSAL for the TENNANT IMPROVEMENTS at HUNTING BEACH FIRE STATIOl` No. 2 — MURDY 16221 GOTHARD STREET CASH CONTRACT No. 1195 in the CITY OF HUN'TINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefore, 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 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 80 `vorlong days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, 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. 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 the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-2 If awarded the Contract, undersigned agrees that in the even 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 Boo A in the amount of S which 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: --, A) Addenda No. Date Received 1 C-2 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 the work to be done by such subcontractor. Portion Name and Address of Subcontractor Stgte License Class of Work Number 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-S .4ONCOLLUSION AFFIDAVI- TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange nA u i dA being first duly sworn, deposes and says that he or she is of 0- 22 Qom( G. 5MMe i &Q the party making the foregoidg 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. ME Signature �� I C2Q Address f Bidder Subscribed and sworn to before me this day o , 2006 . PAMELA J. HOTTINGER _ Commission # 1310255 a Notary Public - California NOTARY PUBLI �,a Riverside County My rrT.., G.,..:— i.... M .,m Y SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the TENNANT IMPROVEMENTS FOR FIRE STATION NO. 2 — MURDY, 16221 Gothard Street, Huntington Beach, (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. " 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 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. Date: In — 3 Q 3 LM Title C-7 DIS _ JALIFICATION QUESTION .IRE 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 M No 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-s COMPE ATION INSURANCE CERTOCATE 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: � -- 3 r- © 3 C-� Title C-9 L JERGROUND SERVICE ALL . T 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 before a Permit to Excavate will be valid. To obtain a Dig Alert -Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: By Title Date: 6 — 3 — 0.3 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 , ' • UDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder .m Business Address City, ) ' State Zip 0�0) `72 1- —7B Telephone Number 5a,419 3 )R � B State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by d �06AY C"f our office on 5- Z 3 , 2003. The following are persons, firms, and corporations having a principal interest in this proposal: C-11 The undersigned is prepL, to satisfy the Council of the City of 1 lington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Lrkuid► R©bt-:AF-s Printed or Typed Signature Subscribed and sworn to before me this -2- day of d" .- , 200 . PAMELAJ. HOTTINGER Commission # 1310255 a Notary Public - Califomia ,! NOTARY PUBLIC d ""—/ 1. P i,.. � Riverside County Mr comm. Expires Jun 23, 2005 NOTARY SEAL 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: 1. 3. ame and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: _ Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-12 U CBR Eng Contractor Phone 702 876-3118 Chang Aie Roberdes 50855 Washington St. C201 LA Quinta CA 92253 California License Number A & B 504183 President Page to(2 Fax 702-257-8279 Magnitude and type of work. Management and estimating Projects from S 50,000.00 to $ 1,500.00.00 consisting of building apartment houses and all types construction on highway and commercial sites. David Roberdes Vice president /secretary /treasurer ? ,f i•:3gnitude and type of work Management and estimating projects from $ 50,000. To S 3,500,000, consisting of building apartment houses office building roadside rest areas commercial onsite and offshe work, Slope Stabilization List or_nroiects constructed by CBR Eng Contractor and personal Project name Owner _ Contact_ Y&ar Slope Stabilization County of Orange David Gaffney 2002 1714-567-7807 Twenty-nine palms JR High Morongo School District Joe Sullivan 2000 760-367-9191 Mountain Springs Clark County Mike Rogers 702-455-5844 2000 BY -pass Structure Victor Valley Waste Kris Anthony 1999 Water Reclamation 760-246-8638 1999 Bunkerville Justice Clark County Carol Carter 1999 �: aciiity 702-455-5844 Equipment shop Nevada Department Bert Fry Addition Transportation 775-888-7070 1999 A V r� L Railroad improvements Slope repair 42928 Nevada Department Transportation CBR Eng Contractor Bert Fry 775-888-7070 2 of 2 Road Improvements Nevada Department Bert Fry 1998 Contractor # 2848 Transportation 775-888-7070 Hwy 78 Repair California Department Micheal Moen 1997 Transportation 619-352-4209 Repair Oxidation ponds US Marine Corps Rich Tusing ,via,ine Corps Base Barstow # N68711-93-C1334 619-577-6493 Check Dams & Channel California Department of David Lahti Lining Baker Calf, Transportation 619-245-8825 Valley of fire Nevada Division Steve Greer Nevada State parks of State Parks 7026871698 Slope Repair California Department Otis Thompson Los Angeles of Transportation 818-361-0735 Slope Repair Southern California Water Jim Cantrell Service 213-377-5525 New Port Beach Orange County Tom Doss Rehabilitation and Relocation Sanitation Of Sewer PCH & Back Bay r docate interim Department of Navy LT. DW Strongberg Facilities # N6247-9000407 1999 PROJECT BID SCHEDULE ITEM ESTIMATED l'rEm WITH UNIT PRICE UNIT EXTENDED NO. QULANTIW 'WRITTEN IN WORDS PRICE AMOUNT MURDY FIRE STATION RiEHA.BIUTATION l 1,000 Construct `Shed' linoleum in locker S.F. room and toi'- an= Dollars d Cents 1,76 l ��®•d(� 2 1 Provide painting as speci L.S. olhn 3 1,000 Remove and property dispose of floor S.F. tiels in locker room and toilet areas &;Le Dollars 0-65- cents 4 7,200 Apply floor leveling compound as S.F, specified in residential weer of Station P, 9 ceentsn 14, C/� 51 i 1 Z..016 5 1 Replace shower floor in Io room L.S. •�� u� lats Aol -u�l n9 cep �) 2160:tO 6 ] Replace plumbing is toile area in locker LS. room as spaified Cents 5 $/Z 7 l Construct Pantry (provide plans for LS. building deparh M approval) as specified A tars Cents r 8 1 Adjust back door as located on site plan LS. and as specified Ceara ! Z 2 1Z-o 9 1 Replace Gas Valve as located on site plan LS. and as specified @ .�cc►nars o - ccnts 10 2,700 Reroofing S.F. loll= P . Az Cents % 7• (,, 2 7 57 Revised Project Bid Schedule CC-1195 11 l Resurface AC walkway Station LS. @Ip klI•�r1__ cnc�'c llam � V4 Cents .4 O r pp �) 12 1 1 Construct Wood Stud Will (provide plans LS. for building dgmrn stt ' approval) m wcciw �fLCO�alc�`�./�_V_=rs �u �-�75» 5�7 S•cd 13 1 Demolition of one tximing glass bay as LS. notod on site plan e/r wCents 7 • �� '7 7 0• L�'% 14 8,9W Remvc and replace Station Carpeting S F. Qa Dollars cenL% 5.79 S7 t7� �a 15 1 Demolition of cxwsting attached shod as LS. located on rho site plan and as specified @ o c c, Dollars d " ;' "" cents 23z5�/ 3Z5•a� 16 1 Reattach Partition Walls that m out of LS. plumb , �� ..�. �•.- Dollars Cents 2 17 120 Station Raiden e "Mud Jacking' GY. rsrrl ��. �« liars Ccats PRINECT EASE BID; Total Amount Bid in FQm S "--7 Total Amount Bid in Wondt t2< u ° PRQACT AMBUUM The Additive Alternate Bid. Project Alternatives, below are an integral part of this proposal, and to be tti�pottaim the bidder shall cuorc a price for each Additive Alternate Wntifiedhlstcd below. The City shall award tbe'tentract htied m tha hmmk of the Preimt Base Bid shone - Additive L Evahsatioin of Cxicting utilitics prior to mttd Altemate#I LS. jacking /0 3��. IC% 312 0 Additiva 42 Station Apparatus Bay Mud Jacking 3 &C' 00 l t 2 0-00 Altcmate N22 C.Y. • +5 .-. RevLsed Project Bid Schedule CC-1 195 •Jj ic CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Honorable Mayor and City Council Members VIA: Ray Silver, City Administrator FROM: e�Robert F. Beardsley, Director of Public Worky Dur,2003 'son, Fire Chief DATE: Jul SUBJECT: City Council Ifem E-12, AWARD FIRE STATION 2 - MURDY IMPROVEMENT PROJECT, CC-1195 Please make note of the minor alteration to the subject item. Please replace the last sentence of the second paragraph of the Analysis to read: "At this time, and through construction, the facility has no imminent health and safety concerns for the staff. During construction within the station's living quarters, the firefighters will be displaced and temporarily relocated to an onsite trailer. The temporary relocation should not impact emergency response." This change will have no impact on the recommended action. RFB:Do:mtb:cf LCA 0 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AWARD FIRE STATION No 2, MURDY IMPROVEMENT PROJECT, CC-1195 COUNCIL MEETING DATE:_j July 7, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Appficable Resolution wlexhibits & le islative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) Si ned in full by the Ci 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 Not Applicable Bonds If applicable) Not Applicable Staff Report if applicable) Not Applicable Commission, Board or Committee Re ort If 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 Coy Administrator Initial City Clerk { ) EXPLANATION FOR RETURN OF ITEM: RCA Author. T. Broussard 6J. B U. NJ CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 9 2 G 4 9 LETTER OF TRANSMITTAL Attention: Connie Brockway To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: May i. 2003 Project/C.C. No.: C.C. No. 1195 Regarding: Fire Sta. No. 2 - Mur�r ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages Including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following Items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other. Notice lnvitin Seated Bids Item A CoRies Pages Description 1 1 2 Notice Invigng Sealed Bids 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 ❑ Submlt copies for distribution ® For your action ❑ Returned for corrections ❑ Returncorrected prints ❑ For reviewlcomment ❑ Other. Remarks: On April 21, 2003, the City Council authorized the advertisement of the Improvements to }Huntington Beach Fire Station No. 2-Murdy, CC1195. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for the following three (3) days; 5/8, 5115, and 5/22 with a bid opening on 6/3. Please contact me at extension 5247 with any questions you may have. c: By: Uo d Broussard, Principal Civil Engineer G:\CON4lBUCnoN CONTMOS (CC5) \CC 11 42\Cotmr\TMNSMlrrALS\TL►?dTOCUU 11691= FAX FROM: CONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH • P.O. Box 19012000 Main Street Huntington Beach, CA 92648 HUNTINGTON BEACH Ph. (714) 536-5227 Fax 714 374-1557 Fax #: 949-646-5008 Date: -- Number of Pages(including cover page): B : Deputy City Clerk To: INT RNET ADDRESS: H.B. Independent Mike (Legals) www.surfcity-hb.orq Phone: 949-574-4251 *** HB INFOLINE: 714 374-4800 *** 111111 1111 11 110 11 11 111111 V�6 Z- c < Pr . 0 6 L g:/forms/97forms/fax-hbindependent U �;rbllsh SECTION A NOTICE INVITING SEALED BIDS for the TENN'ANT IMPROVEMENTS at HUNTItiGTON BEACH FIRE STATION No. 2 — NIURDY 16221 GOTHARD STREET CASH CONTRACT No. 1195 in the CITY Of HUNTItiGTO\ BEACII s-8-o3 s—Is—o? S—dd—os" PUBLIC NOTICE 1S HEREBY GIVEN that the CITY OF HUNTIN'GTON BEACH, as AGENCY, invites scaled bids for the above stated projects 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 June 3, 2003. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the 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 $15.00 nonrefundable fee if picked up, or payment of a $20.00 nonrefundable fee if mailed. A Pre -Bid Meeting has been scheduled for 3:30 PIN1 on May 21, 2003 to assist the Bidders ►0th overall understanding of the project requirements. Attendance is not mandatory; however, Bidders are strongly urged to attend as information issued during this meeting will not be distributed. Failure to attend may adversely affect your bid. 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 `Yorks, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 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. 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 A-1 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 biddces 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 of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. This project requires the Contractor and ALL Vubeantraefory to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. The Prime Contractor shall possess a valid "B" Contractor's License. In addition, the Contractor and AIJ, Subcontractors must possess a current City Business License prior to the issuance of the project permit 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 21 -" day of April. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 TRANSMISSION VERIFICATION REPORT TIME : 05/01/2003 09:25 DATE,TIME 05/01 09:24 FAX NO./NAME 919496465008 DURATION 00: 00: 57 PAGE(S) 03 RESULT OK MODE STANDARD ECM .f Char OF HUNTINGTON BEACH2/ MEETING DATE: April 21, 2003 DEPARTMENT ID NUMBER: PW 03-018� Council/Agency Meeting Held: I A I S' Deferred/Continued to: `ynju a� ,t Approved 0 Conditionally Approved 13 Denied City Clerk's Pfgnature Council Meeting Date: April 21, 2003 Department ID Number. PW 03-018 T7 , Z� CITY OF HUNTINGTON BEACH W _= REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS EA SUBMITTED BY: RAY SILVER, City AdministratoranJ ' PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works v DUANE OLSON, Acting Fire Chief SUBJECT: AUTHORIZE ADVERTISEMENT FOR FIRE STATION 2 - MURDY IMPROVEMENT PROJECT, CC-1195 Statement of issue, funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue:. Plans and specifications are in final preparation for the Fire Station 2 - Murdy Improvement Project, CC-1195. Authorization to advertise the project is requested. Funding Source: Funds for this project are available from Account No. 30187013.82200, General Fund Capital Improvement Projects, Murdy Fire Station, Building Improvements. The engineer's estimate is $336,000. Recommended Action: Motion to: Approve the project plans and specifications, and authorize the Director of Public Works to request bids for Fire Station 2 - Murdy Improvement Project, CC-1195. Alternative Action( : Direct staff to not move forward with the project at this time. Analysis: Public Works staff is assisting the Fire Department in mitigating building settlement at Fire Station 2 - Murdy. A consultant was hired to evaluate the costs to completely retrofit or rebuild the station. It was determined that the construction cost would be approximately $2.5 million or $2.7 million, respectively. Due to the City's current budget constraints, temporary improvements are being proposed to keep this essential facility operational. PW 03-018 Murdy Station.doc -2- 41712003 1 f :03 AM REQdEST FOR COUNCIL ACTIOI.J MEETING DATE: April 21, 2003 DEPARTMENT ID NUMBER: PW 03-018 The project will mitigate some of the slab settlement issues until funding can be secured for the complete rehabilitation of the station and will include pressure grouting the voids beneath the slabs, straightening the interior walls, replacing roof the and repairing roof leaks as needed, leveling the floor and replacing floor tiles with linoleum. At this time, and through construction, the facility has no imminent health and safety concerns for the staff. During construction within the station's living quarters, the firefighters will be displaced and temporarily relocated to an onsite trailer. The temporary relocation should not impact emergency response. Plans and specifications are in final preparation and staff now requires permission to advertise for bids. Public Works Commission: The Public Works Commission reviewed and approved this project on March 19, 2003, by a vote of 5-0-2 (Commissioners Gartland and Johnson were absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s)• RCA Author: T. Broussard PW 03-018 Murdy Statlon.doc -3- V71200311:03 AM u u ATTACHMENT #1 3124C14039:58:21 AM Eden- Ave. Lorge Cir; Efuesalls Dr. -� ! + t I Volga Dr. F J a r Ir' Stonewood Dr. 7 Murdy Cie. :Hgi-"jCir. - - Bouquet Dr.�ri I- 1 n Rhone -LLn OM Cr. I '• t 4 I Y \ 1 1 1 t I , 7 ! • ! i f 7 ! � _--°-_.__.. - I+ " - (3 I f � i �. ♦ � f��L; 1 i 1 \t, fAnita L dlms , , t Sunlight Ili 1 f t., 7 1 1 - t l i t I t► + I i i r' � r i - - Hell Ave. - - ... LOCATION MAP Fire Station No. 2, Murdy N W �,1 E S City of Huntington Beach Scale: 1' = 433' "�1 j_-_ _I !j t t i r . I(1 r f r:! Location Map RCA RUOUTING SEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR FIRE STATION 2 - MURDY IMPROVEMENT PROJECT, CC-1195 COUNCIL MEETING DAT :I Aril 21, 2003 RCA ATTACHMENTS STATUS Ordinance w/exhibits & legislative draft if applicable) Not Applicable Resolution wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) Si ned in full by the qLtZ Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Im act Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If 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 rCitX Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: T. Broussard September 9, 2003 To: Syram International, Inc. 16010 Crenshaw Blvd., Suite O Gardena, CA 90249 Enclosed please find your original bid bond issued by Hartford Fire Insurance Company for #1195 Huntington Beach Fire Station No. 2—Murdy. Connie Brockway, CIVIC City Clerk Enclosure g:/followup/cashcont/retumbidbond.doc BOND NO. N/A h Bid Bond SURETY DEPARTMENT KNOW ALL MEN BY THESE PRESENTS, That we. SYRAM INTERNATIONAL, INC. THE HARTFORD r i as PdncipaL hereinafter caned the Principal, and the HARTFORD FIRE INSURANCE COMPANY . a corporation created and existing under the laws of the State of CONNECTICUT......_..........whom principal office Is In as Surety, hereinafter called the Surety, are hold and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee. hereinafter called the Obliges. In the sum of TEN PERCENT OF AMOUNT BID Dollars (SIM CF BID ). for the payment of which sum. well and truly b be made, the said Principal and the said Surety. bind ourselves. ama heirs, executors, administrators. successors and assigns, jointly and severally. firmly by these presents. Whereas, the Principal has submitted a bid for #1195 HUNTINGTON BEACH FIRE STATION NO 2 -MURDY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shelf enter Into a contraa 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 perfornanoe 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 Shag pay to the Obligee the differenoe 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 ft obligation shall be null and void, otherwise to remain In full brae and effect. Signed and sealed this .......,31 ti.[a......_........ day of .......... .............................. M.-n....... _........... ........................ .............. _...... A.D-M=3 YVSYRAM INTERNATIONAL; INC. _.._..csEAu itr,eea...._..........._.................................._.........._.._.._.............._.._..................................................... ................................. navidue0 By .......... ....... _.. (SEAL) Attest......... ............ .......... ........ ........................... ....................... ............. _. .......... _... .............................. ism Ac«ponaon) ...... .._..................sEAlj/.............._...................... HARTFORDkA., /►(►/' 3CE ONIPAN(Y Attest................. _............................................. ..... ........ _......................... _........... _t'rm.)..LI KELLY ATTORNEY -IN -FAQ (Approved by The American Institute of Archhhects, A I.A. Document No. A-310, Feb.. 1070 Edoon) Form B-3266-e Pnnted In U.S.A. 12-70 CALIFORI--1A ALL-PURPOSE ACKNC,'�EDGEMENT State of California ss. County of San Bernardino ) On '�;-30 / D before me Name and Title or Officer (e_g„ -Jane Doe. Notary Public") Personally appeared Kelly A. Saitman Name(s) of Signer(s) JANET L. MiLLER Cornnlsslorti 0 1311028 4 Notary Public - C(Mforrya Son Bemoraft County My Comm. Expires Jul 2Q 2005 x personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personM whose nameD jfis" subscribed to the within instrument and acknowledged to me that Wlsheft executed the same in OKIherltbir authorized capacityw), and that by I�' IherftWr signature(s) on the instrument the persons'), or the entity upon behalf of which the persogkll acted, executed the instrument. WITNESS my hand and official seal. Signaare of Notary Public OPTIONAL Though the Information below Is not required by law, 4 may prove valuable to persons relying on the docurrAent and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signers Name: ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General x Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other. Signer is Representing: Top of thumb here i� V Insured's Name SYRRM IDT EMATIaNAL., rW. Insured's Mailing Address 16010 CVISHAW BLVD. , SUITE O CARDENA, CA 90249 ISM IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula;'the United States will pay 90% of covered terrorism losses exceeding a statutorily -established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses In excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy Is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy. there is no premium for the coverage. Terroristspremium: 1 $0 Form B3333-0 Page i of 1 C 2002, The Hartford Direct lnquirles/Claims to: �OND. HARTFORD OF ATTORNEY T 90 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call. 888-266-3488 orfax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72-160579 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Q Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the lags of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies') do hereby make, constitute and appoint, up to the amount of unlimited: Kelly A. Saitman, Jay P. Freeman, Janet L. Miller of Ontario, CA their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and atI bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of.persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by Us Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. � �� r�aa ( ,,� _ iw � �;�:- -.`4.•nea•�j. -ec'JQ ot.. Paul A. Bergenholtz, Assistant Secretary STATE OF CQNNECTiCUT ss, Hartford COUNTY OF HARTFORD Colleen Mastroianni, Assistant Vice President On this 25'" day of October, 2002. before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described In and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. �w Scan E. Pase" Notary Public Ct RIIFICA7fE - My Commission Expires October 31, 2007 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of MAY 30, 2003 Signed and sealed at the City of Hartford. ,. iq, � �.,, t � � ,, +fit!` �• M.. �� �,.,,,,``t: I, - : t +purr; : ►oar S p""'� =�t+"-'9iRi �.F�O'w� �• - � t z +fir �� �,,� ,ti. r �`gri••r•�/: �y+��.ur�}�� JOZ9 r 3�1D7= f` 3 11T9 Yves Can/tin, Assistant Vice President POA 2003 r1a City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For TENNANT IMPROVEMENTS at FIRE STATION No. 2 _ MURDY CC-1195 MAY 22, 2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Replace the Project Bid Schedule with the Revised Project Bid Schedule attached (Mud Jacking Quantities have been revised from Square Foot to Cubic Yard: � i M 1h IPil nClAoilCAL" �. PIC-, Comp ny Name 51 Z 1 fC 3 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247, or Brian Thomas at (949) 300-2968. V V PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE I UNIT EXTENDED NO. QUANTITY WRITTEN IN WORDS I PRICE AMOUNT NIURDY FIRE STATIONX REHABILITATION 1 1,000 Construct `Sheet" linoleum in locker S.F. room and toilet areas @�CI'J Dollars Cents 2 1 Provide painting as specified I.S. @ _S , ls?Cfo — -Dollars $ 000 f �� Cents 3 11000 Remove and properly dispose of floor S.F. gels in locker room and toilet areas @J Dollars [j Cents 4 7,200 Apply floor leveling compound as S.F. specified in residential area of Station @ P 33120 : - Dollars Cents 5 1 Replace shower Do sr in locker room L.S. @ Dollars Cents G 1 Replace plumbing in toilet area in locker L.S. room MVfed a. ~Q OD C Dollars $ f �5�� t$000 Cents 7 1 Construct Pantry (provide plans for L.S. building department approval) as specified @ :,b , Q CD (' Dollars Z1 a pp 1 t 1 �t00 , Cents 8 1 Adjust back door as located on site plan L.S. and as specified @ ,� Dollars 0 . _400 Cents 9 1 Replace Gas Valve as located on site plan L.S. and as specified _ @ b goo Dollars <R �3�00 ` — g3Ct0Q r Cents 10 2,700 S.F. Reroofm @ , J Dollars (� 16,700 ^ Cents '— Revised Project Bid Schedule CC-1195 11 1 L.S. Resurf,, AC Walkway around Station @(,,CM Dollarsr/ Cents 12 1 Construct Wood Stud Wall (provide plans L.S. for building department approval) as specified @ 6 , Dollars Cents 13 1 Demolition of one existing glass bay as L.S. noted on site plan' @ Dollars 1 ZOO / ZOO ,— Cents 14 8,960 Remove and replace Station Carpeting S.F. @ 7-4c Dollars Cents 15 1 Demolition of existing attached shed as L.S. e site p Jan and as specified@ locatedVE(30-4 ` Dollars Cents 16 1 Reattach Partition Walls that are out of L.S. plumb @ �3Q©© ,� Dollars®1 —©® Cents 17 120 C.Y. Station Residence "Mud Jacking" @ Dollars ---r-- ®Q� Cents PROJECT BASE BID: Total Amount Bid in Figures Total Amount Bid in Words: PROJECT ALTERNATIVES: The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract based on the basis of the Pro`ect Base Bid atone. Additive 1 Evaluatioin of existing utilities prior to mud j.— Alternate #1 L.S. ackin Additive 42 Station Apparatus Bay Mud Jacking �O ' Alternate #2 C.Y. Revised Project Bid Schedule CC-1195 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 the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work I Number 7q R 7-4 io'56 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-5 JNCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 4. A+% , being first duly sworn, deposes and says that he or she is iP(eaicleti. i- of torn lm4e4najagaQ, x1Ie party making the foregoing bid that the bid is not made in thJ 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. Ali32EL1A VIVEROS _ Commission # 1365174 z $ Ht a;:ry Rblic - California � z Lab, Angelo% C�14.2= Aty Cormn. Expires A Subscribed and sworn tb before NOTARY PUBLIC i Address of Bidder CA Ir iI s � day o , 200 0- AURELIA VNEROS Loa Angeles County AyCGnTn. Expirb~,*.: • 14, 2M5 �� Q V City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For TENNANT IMPROVEMENTS at FIRE STATION No. 2 - MURDY CC- 1195 MAY 22.2003 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 1. Add the following to the beginning of Section 10400 Unoleurn: The contractor shall provide `Excellon Commercial Vinyl" flooring or approved equal. 2 Replace Section 11800 as follows: Section 11800 — Reroofing, GENE — Work shall include all site preparation work, removallreplacement of plywood diaphragm as required due to deterioration, remcval of existing roofing materials, installation of flashings as required, instabtion of commercial grade base. Installation of mod4ed bitumen sheet roofing (MBSR) materials, protection of all surfaces outside of the work area, and clean-up. Material samples shall be submitted ten (10) working days prior to intended use for review and approval by the City. The Contractor will make arrangements for the storage of materials as necessary. Storage of said materials shall not interfere with the day4o-day operation of the Station. Refer to Section 8 regarding Emergency Personnel ingresslegress. The building footprint yields 9,000 SF of roofing material. It has been assumed that 30% of the roof or approximately 2,700 SF will require repair. All materials shall match existing. Install a cold process built up roofing system with Weather Fling cold adhesive and a type It base sheet, 3 plys of Weather Fling at 3 gallons per square. Install top layer of SBSISIS modifies sheet. Install type 11 base sheet and 1 ply of SBS modified sheet at wall and projection flashings. Install R-Mer Ply gravel stop factory fabricated metaftodified flashing system at perimeter edges. Install new lead flashings at all drains and pipe penetrations. A11 sheathing repair shall be %2" Structural I Douglas Fr Plywood. Do not apply membrane in inclement weather or when a 401Y6 chance of precipitation is expected. Do not apply roofing insulation or membrane to damp deck surface. Do not expose materials vulnerable to water or sun damage in quantities greater than can be weatherproofed during the same day. Proceed with roofng work only when existing and forecasted weather conditions will permit unit of work to be installed in accordance with manufacturer's recommendations and warranty requirements. MODIFIED BITUMEN SHEET ROOFING — MBSR shall contain piles of approved ASTM D-4601 Type 11 glass fiber base sheet bonded to the prepared substrate with bitumen. The bitumen will consist of a VOC compliant, non - asbestos containing cold applied adhesive. All flashings will be set in bitumen and will be one ply of type 11 base ' u U Addendum No.1 Fire Station No. 2 — Murdy Page 2 Issue Date 5/22103 sheet and covered by an additional layer of modified bitumen membrane. The modified membrane will be "STRESSPLY'E' FR MINERAL' or approved equal, 135 mil SISISBS (Styrene-Isoprene-StyrenelStyrene-Butadiene- Styrene) mineral surfaced rubber modified roofing membrane with fire retardant characteristics and reinforced with a dual fiberglass scrim and polyester mat. Bitumenous Materials: Asphalt Primer VOC compliant ASTM D-41 Asphalt Roofing Mastic VOC compliant ASTM 0-2822, Type 11 Cold Applied Membrane Adhesive VOC compliant ASTM D-3019 Performance Requirements: Non-volatile Content ASTM D-4479 70% Density ASTM D-1475 7.89 lb./gal. VOC ASTM D-3960 300 gain Max Viscosity Stormer ASTM D-52 1-20 sec Special Blade Flash Pant ASTM D-93 min 100%F Sheet Materials: Fiberglass Base Sheet ASTM D-4601, Type 11 PotyesterlFiberglasslPolyester Base Sheet ASTM D-2523 Base Flashing Ply. SBS modified membrane with woven fiberglass scrim reinforcement with the following minimum performance requirements according to ASTM D-5147: Properties: FINISHED MEMBRANE TENSILE STRENGTH 2 inlmin@ 73.4 + 3.6 F MD 2051bfTn CMD 220 Ibflin TEAR STRENGTH 2 irVmin@ 73.4 + 3.6 F MD 325 Ibflln ~CMD 325 Ibffin MAX ELONGATION 2 IrVmin@ 73.4 + 3.6 F MD 4% CMD 4% Properties: FINISHED MEMBRANE (ASTM D-2523) TENSILE STRENGTH 2 irilmin@ 73.4 + 3.6 F MD 135 lbfrtn ^CMD 120 Ibflin TEAR STRENGTH 2 Inlmin@ 73.4 + 3.6 F MD 220 lbflin CMD 220 Ibff)n MAX ELONGATION 2 Wmin@ 73.4 + 3.6 F MD 4'/o CMD 4% HPR Modified Flashing Ply shall be "STRESSPLY PLUS FR MINERAL" or approved equal. HPR Modified Membrane Stressply "E" FR Mineral Properties: FINISHED MEMBRANES (ASTM D-5147) TENSILE STRENGTH 2 Inlmin@ 73.4 + 3.6 F MD 300 Ibflin CMD 325 lbflin TEAR STRENGTH 2 inlmin@ 73.4 + 3.6 F MD 525 Ibf CMD 50 Ibf MAX ELONGATION 2 hVmin@ 73.4 + 3.6 F MD 6% Addendum No. 1 Page 3 LOW TEMPERATURE FLEX Fire Station No. 2 — Murdy Issue Date 5/22/03 PASSES -30F CUTTING AND PATCHING — Provide cutting and patching work to properly complete the Work of the project, complying with requirements for detailing and tolerances, inspection, preparation, performance and cleaning. Do not cut and patch in a manner that would result in a failure of the Work to perform as intended, decreased energy performance, increased maintenance, decreased operational life, or decreased safety. Match all existing materials for cutting and patching work with new materials conforming to project requirements. Inspect conditions prior to work to identify scope and type of work required. Protect adjacent work. Notify the City of work requiring interruption to building services or operations. Using tools designed for cutting, not chopping. Make neat holes while minimizing damage to adjacent work. Check for concealed utilities and structure prior to cutting. Make all patches, seams and joints durable and inconspicuous including penetrations. Clean the work area and areas affected by cutting and patching operations. MANUFACTURER'S GUARANTEE, ROOFING Furnish standard ten (10) year guarantee by manufacturer of primary roofing materials, published as an 'Inspection and Service Contract", covering flashing as well as roofing, agreeing to provide inspection and maintenance services, and to restore or replace defective roofing which results from failure of materials or workmanship to perform as required. Guarantee shall be signed by an authorized representative of the manufacturer. Guarantee shall be equal to Johns -Manville Blue Chip Roofing System guarantee. SUBMITTALS — Samples and shop drawings shall be prepared specifically for this project. Shop drawings shall include dimensions and details, including adjacent construction and related work. Note special coordination required. Note any deviations from requirements of Contract Documents. VENTS & ROOF DRAINS — Lead or metal flashings shall be installed around all roof protrusions prior to the installation of roofing paper/felt. A bituminous costing shall be applied to the flashings prior to installation of the roofing paper/felt. Commercial grade roofing paper or felt shall be used. Asphalt shingles shall be installed over roofing paper/felt. Submit samples of paper/felt and shingles for approval prior to use. PAYMENT The contract lump sum price paid for "REROOFING' shall be deemed to include the costs for all labor, tools, equipment, materials and appurtenants required to complete the work as specified, and no additional time, or compensation will be allowed therefore. Swa m l Pt 4eq DI_1 Jai Corn any Name r 5/Z9 163 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247, or Brian Thomas at (949) 300-2968. The undersigned is prepmcd to satisfy the Council of the City of . itington Beach of its ability,, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. itiCj_ a. &13Dn PXViXd or Typed Signature Subscribed and swo to befo me this day of ., , 200---!k "• AURELIA VINEROS ' Commission # 13F.5174 Notary Public - C i;omian Las Angeles C.01.(n'v NOTARY PUBLIC' 100 AO ft 41P W •�, ■.rr�ur�rr NOTARY SEAL ' 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: 1. 10 ame dnd Address of Public Name and Telephone No. of Project Manager: �L�Z) qcl -� —?S`o Contract Amount 2. 1 Af. D� Name and Addre: 0 Type of W of Public Agency r (�A at Date Completed Name and Telephone No. of Project Manager: John ?w,.d L6&) 3M W� Amount Type of Work Name and Address of Publid Agency ` Name and Telephone No. of Project Manager: 3 ate Completed Ak-^L4 C-12 UDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �n Bidder ..16 r ���A� Business Address- 11 A C467 C1 State Zip (31o) '556 - 38IS Telephone Number 7 7-5 SJ6 3 6 State Contractor's License No. and Class Original Expiration The work site was inspected by t4 Is ur office on e ,u �� �, 200 The following are persons, firms, and corporations having a princi i rest in ' oposal: C-11 &DERGROUND SERVICE AU.. T 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 before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Ident fcation Number: Title Date: lie 3 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 COMPE�JATION INSURANCE CERTIr-&ATE Pursuant to Section I$61 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: Qoz 1p?2 C-9 Contractor ' w By Purl uj Title DIk-4ULIFICATION QUESTION%■;.IRE 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 WN' O 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-s UTILITY AGREEMENT ' L.) HONORABLE AfAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the TEMNAN T IMPROVEMENTS FOR FIRE STATION NO. 2 — MURDY, 16221 Gothard Street, Huntington Beach, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transnussion 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 ha arils involved. " 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 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. Date: -,-*5 05 C-7 Contactor w By Title U SECTION C PROPOSAL for the TENNANT IMPROVEMENTS at HUNTING BEACH FIRE STATION No. 2 -- MURDY 16221 GOTHARD STREET CASH CONTRACT No.1195 in the CITY OF HU1'TINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefore, 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 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 80 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, 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. 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 the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract,Ye undersigned agrees that in the evei*...if the BIDDER'S default in:, executing the required contract and filing the necessary bonds and insurance certificates within I0 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, findhalmd in the amount of S 11 which 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's Signature 55 Z 6 % C-2