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DINALLI CONSTRUCTION, INC - 2002-04-01 (2)
. .�.. .. � Py��_i.. y4-•q—#fFy y� - ��r��' ^" _.. + 'a«-' ' i V r � . � „ 3�rt. ^'°sr i y'� - -t`"e- ^`�.- R .� ��Y RECEIVED SYV E CITY CLERK RECEIPT COPY .3 1M { �,� v , A Return DUPLICATE toe (Name) after signing/dating (Date) r a J. COY OF HUNTINGTON fit&CH INTERDEPARTMENTAL COMMUNICATION r TO Shari Freldenrlch, City Treasurer FROM ..(?0,1r AJJF— DATE d SUBJECT Bond Acceptance 1 have received the bonds for 0aALZ1ZWtC7%01J (Company Name) Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No Re Tract No CSC No `- MSC No ' r Approved a Agenda Item No (Council Approval Date) City Clerk Vault No t e )C�3 g /lah/bondiekter doe DEC-04-2033 02:3TPM FMDINALLI CONSTRUCTION 0 714 895 6294 T-748 P-003/003 F-374 DECLARATION OF SATISFACTION OF CLAMS t George remeh State; .-�..� _. !. I am the general carMco= Fcr tr:e City of Huntsag',on Beach, as to tba projea crate fully dmaribcd ii<0a public works contract enti2ed _y'i,j c: r,r_irs Rp",mveP4— and dated 12-04-2003 2. All workers and perso:is employc4 at f:m sappb-1q& rnaterials, and all subcommecrs fer the above-rnen oned protect havc been paid Er full. 3. ne foilm *g ire dthcr &putrd Claims. or inns in eommction with Nod es to %61old, which hm bcm Fled under the pravisicrz cf the st=tcs of the 5taw cf Caliram: a: (if stste'WONVI I dcdam under pcoalty of perjury chat t?:e fer:going is true and = recc, 5xecvtcd atrA _, a:tthis 4th dayof December 2003 kgna;ura of Contractor) ruftubcwa r L8/T8 :?t1d ELSIVLEOTL TS:ZT E89Z/ti0/ZI DEC-04-2003 02 37PM FROM-DINALLI CONSTRUCTION 714 895 6294 T-748 P 002/003 F-374 City of Huntuigtan Beach Dcpartr=t of Public Works Post Office Box 14Q Huntmgwn Head, CA 93648 Subj=t Cmtifieadom of Corrtpliariae with Title VII ofthc Civil lights Act and Equal Sinployrxient Opportunity A t of 1972 Gcntlamcn; j The undersigned coatxa= on #1184 Civic Center Renovation ' Prcj= No Titl -- hereby certifies that ail laborers. nuvhauics, apprcnticcs, tramocs. watchrtten and guards en p(oyed by him or by any subcontractor perfosrmng work under the contract on %he project have been paid panes at rates not less than those required by the contract pmvWons, and that the Nvork performed by saeh such laborer, merbauuc, apprti ace or trainee conformal to the classifications set forth in the contractor traumng pmgnam provions applicable to the mae rate paid President 12-04--2003 Sipirure and Title ;1•y 1 0 } 2:0/Z0 3E)Vd SNS SHD E!9TOLE1TZ T9:ET E00Z/b0/ZT �A- City of Huntington Beach Oki INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Eric R. Chadonne DATE: December 8, 2003 SUBJECT: Retention Release Payment Company Name: Dinalli Construction, Inc. Address: HITS Builders Control Services Company City, State and Zip Code: 7470 N. Figueroa Street, Los Angeles. CA 90041 Phone Number: (714) 699-9991 - Business License Number:A226806 Local Address: 5180 East Hunter Avenue, Anaheim, CA 92807 Notice of Completion Date: October 12, 2003 Contract Purpose: Civic Center Tenant Improvements; CC-1184 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 Oh file on the time. . 12 8 V-7 Date / Robert F. Beardsley, Public Works Di Z I certify that there are no outstanding invoices on file. Date Freidendch, City Treasurer ymalrlkme-tz I certify that no stop notices are on file on the subject contract, and that a sty bond has been filed with this office. Date ' Connie Brockway, City RetenVon Release 12/8/2003 4:28 PM PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Of Orange rds, C°untY ea° Ecr in Ofecorder C.G fteco rcled�a y' c,erk R 111111�111111111111111111111111N10�16103 AND WHEN RECORDED MAIL TO: T 0216pm 11111111111111111111111111111111 �$962 111 2�03p012 °.00 ° p0 _ - CITY OF UNT NGTONWHEN RECORDED Ip0 p0 BEACH ',15 33 Nip pO 0.00 L TO:0 Attn: Robert A. Martinez ° 00 0 00 P.O. Box 190 - 2000 Main St. _ - Huntington Beach, CA 92648 - I I Hlb SrAt;t I UK Ntt;UKUt:H'b Ubt UI ILT r TITLE OF DOCUMENT: NOTICE OF COMPLETION r� 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 Inspection Engineering Construction, Inc. who was the company thereon for doing the following work to -wit: U! CIVIC CENTER HEALTH SAFETY AND IMPROVEMENT PROJECT, CC-1184 That said work was completed October 16, 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 October 16, 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 contemplat under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this October 16, 2003. �—,I h / / 7 6dhector of Public Works or City Engineer -locity 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 Count Dated at Huntington Beach, California, this October 16, 2003. irector of Public Works or City Engineer City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) b.059-TITLE PAGE (R7/95) i RECEIVED BY: (Marne) (Date) • J. CITY CLERK RECEIPT COPY Return DUPLICATE to after slgningldating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance _ I have received the bonds for (Company Name) 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) Agenda Item No. City Clerk Vault No. g4ahlbonaetter.doc .!ROVED AS TO FORM iiYNIFER McCIRATH. Qtv 4MIA INSCO INSURANCE SERVICES, INC. �inSCunderwriting Manager for. o Developers Surety and indemnity Company Indemnity Company Cr Cattfomia 17780 Fitch, Suite 200 • Irvine. California 92614 • (949) 263-3300 A>( MENA.NCE BOND KNOWALL MEN BYTHESE PRESENTS: Sash sutton ►uty City Attorney BOND NO.: 835985P Premium included in Performance Bond THAT we, Dinalti Construction, Inc. - . as Principal, and Developers Surety and Indemnity Company _ _ a corporation organized and doing business tinder and by virtue of the laws of the State of Iowa and duly licensed to conduct surety business in the State of California, as Surety, arc held and rmnly bound unto City of Huntington Beach as Obligee, in the sum of Two Million Seven Hundred Thirty Thousand and 001100 (S 2,730,000.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firnily 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: Civic Center Tenant Improvement VtiMREAS, 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 indemtufy 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 efTem IN WITNESS WHEREOF, the seal and signature of said Principal is hereto atI"ixed and the corporate seat and the Warne of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 1 at day of December 2003 M Dinalli Construction, Inc. Developers 4rety and Indemnity Company Principal BY- .� Raney Anomey-m-Fact 0-1201 (CA) (One Vow Term) (REV. 3101) IM POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 0725.111ViNE. CA 92023 • (939) 2ti3-3..W KNOW ALL MEN BY THESE PRESENTS. that except as expressly limited. DEVELOPERS SURETY AND INDENINffY COMPANY and INDEMNITY COMPANY or CALIFORNlk do each. hereby make, eonstitutc and appoint: *** Randy Spohn, Zara Spohn, Cheryl Eandmann, jointly or severally *** a; their true and lawful Attomey(s)-in-Fact. to make. exeeuie. deliver and acknowledge. for and on behalf of said corporations, as sureties, bonds. undertakings and contracts of suretyship giving and granting unto said Anornesls}in-fact full power and authority to do and to perform every act necessary. requisite or proper to be done in omacction 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 Attornev(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 cf the following resolutions adopted by the respective Board of Directors of DEVELOPERS SVRETY AND 1NDEMNM COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November 1.20W. RESOLVED. that the Chairman of the &lard, the President and any Vice Presi lent of the corporation be. and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the atiorney(s) named in the Powers of Attorney to execute. on behalf of the corporations, bonds. undertakings and contracts of suretyship; ar d that the Secretary or any Assistant Secretary of the corporations 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 ary such Power of Attorney Or to any certificate relating thereto by facsimile, and ary such Power of Attorney or certificate bearing such facsimile signatures shall be valid ant binding upon the corporation when so affixed and in the future with respect to any bond. undertak;ng or contract of suretyship to which it is arlached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have pr-sents lobe signal by their respective Executive Vice President and attested by their resprcive Secretary this R' day of January. _'W2. C:I,.+ `l AND BI : ��4,Z Iyp� Q1,�pAN y o� David H. Rhodes. Executive Vice President �.� tt� 40� y G _a�PO� n J36 Gv i/!3v 0 Waller A. Crowell. Secretary i STATE OF CALIFORNIA ) )_SS. COUNTY OF ORANGE ) severalty caused these On January S. 2W2. before me. Antonio Alvarado. personally appeared Day id 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 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 nemnnc acted. executed the in%mirrent. NTMESS my hand and official seal. Signature CERTIFICATE F, ANTONIO ALVAR.ADO p COMM. 0 1300303 � Notary Public - California 3 ORANGE COUtM I1y Corns. Expres APAIL 10. M The undersigned. as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. doer• 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 She respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date of this Certificate. This Certificate is executed in the City oflrvine.California. the ISt day of December 2003 '� By 4- Vavid G. Lane.Oief Operating Officer ID-1380 (01102) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State or CALIFORNIA County of ORANGE On before me, T. Cnt, NOTARY PunLIC. personally appeared _Randy Snnhn ® personally known to me -OR- ❑ T. COX 11 Uf.% COMM...1433359 CO U NOTARYIl,'8E7C�;IL'lf�+�4 to OPLAME CIO" � T�r+� Exa. August T, M07 proved to me on the basis of satisfactory evidence to be the person(s) whose namc(s) islare subscribed to the within instrument and acknowledged to me that lielshelthey executed the same in hislherltheir authorized capacity(ics), and that by hisllrerltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, cxccutcd the instrument WITNESS my hand and ofCcial seal. Signature of Notary ..:.OPTIONAL Though the data below is not required by law, it may prove valuabtc to persons relying on the document and could prevent fraudulent reattachment or this form. CAPACITY CLAIINIED BY SIGNER ❑ INDIViDUAL ❑ CORPORATE OFFICER ❑ IPARTNER(S) ❑ LIMITED ® ATTOILNEY-LN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR OTII£R• DESCRIPTION OF ATTACHED DOCUMENT SIGNER IS REPRESENTIINQ 1 NAME OF PERSON(S) OR ENTITY(IES) CALIFORNIA PRELIMINARY NOTICE r� oB— oz F_(,}�arilAi� IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR DI 116. CONSTRUCTION LENDER or Reputed Construction Lender, if any ACCT# DUC489 N/A ................. .... �. OWNER or PUBLIC AGENCY or Reputed Owner (on public work) (on private work) CITY OF HUNTINGTON BEACH COUNTY CLERK 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 ORIGINAL CONTRACTOR or Reputed Contractor, if any DINALLI CONSTRUCTION, INC. 5180 EAST HUNTER AVE. ANAHEIM HILLS, CA 92807 SUBCONTRACTOR with whom claimant has contracted DUCROS ELECTRIC 2500 E. IMPERIAL HWY. #201-520 BREA, CA 92821 YOU ARE HEREBY NOTIFIED THAT... MID -WEST WHOLESALE LIGHTING CORP. (name of person or firm furnishing labor, services, equipment or material) 5250 HOLLYWOOD BLVD. (address of person or firm furnishing labor, services, LOS ANGELES,�A 90027 equipment or material) has furnished or will furnish labor, services, equipment or materials of the following general description: LAMPS AND LIGHTING FIXTURES (general description of the labor, services, equipment or SAME material furnished or to be furnished) for the building, structure or other work of improvement: ._._....... _.. located at : HUNTINGTON BEACH CIVIC CTR. (address or description of job site 2000 MAIN ST. sufficient for identification) HUNTINGTON BEACH, CA 92648 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: DUCROS ELECTRIC An estimate of the total price of the labor, services equipment or materials furnished or to be furnished is: $ 18,000.00 Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men may not be required to furnish) (name) (address) name (address) name (address) (name) (address) NQICE TOPRCPERTY OINNER If tills ore not pdd in full for the Idbor, services, egiprrert, a rrrlerids furnished or tobeftrnishec( amecttrnids lien lecdng to the loss, tFrcuM cart fcredasure proceedngs, of di cr pert of your prgperty being so inFroaed nW be pierced cgirst the prcperty am thmo ycu here pdd your ca irata in full. You rrcV wish to protect ycurself cginst this ocrsequa'm by (1) reil.irirtg your ocdrmtar to furnish a signed release by the person a firm givingyau this nctice before mddng pit to your contractor or Q any other method a device which is cipprapricteurb thecirarrstanoes. Dated: President (title) Telephone Number: 469-1-641 <preliminary notice.ttb N May 13, 2002 City Clerk City of Huntington 2000 Main St. Huntington Beach, .4c-- Je to CENTER FOR CONTRACT COMPLIANCE Beach Ca 92648-2702 oiWAL {;o b (A1010 lb DPW % 6Y30 A (A-�,tr RE: Huntington Beach Civic Center (tenant improvement) (1184) 2000 Main St., Huntington $each, Ca 92648-2702 GENERAL CONTRACTOR: Dinalli Construction Inc. 5180 E. Hunter Avenue Anaheim, Ca 92807 (714) 695-9991 License 1: 745761 Dear Sir/Madam: The Center is a nonprofit Labor/Management Trust that specializes in the monitoring of public works projects, to ensure that all laws governing public construction are observed by CONTRACTORS AND AWARDING AGENCIES alike. As a matter of routine procedure, records are checked for any irregularities. With the above mentioned in mind, please consider this a formal request for copies of documents on the above referenced project. We are requesting these documents pursuant to the California Public Records Act Government Code Section 6250, et. seq. We are requesting copies of: X�Copy of Original Bid Advertisement with Proof of Publication X� General Contractors Bonding Affidavit and/or Agreement, (Public Contract Code) Workers Compensation Certification (Labor Code Section 3700) 0 Signed Contract between the General Contractor and the Awarding Agency (excluding specifications) XD Complete subcontractors list, detailing full names, license numbers and place of business Division of Apprenticeship Standards form; i.e., DAS-13, (Labor Code Section 1773.3) oComplete Engineers Estimate, including labor and material costs broken down by item and classifications. XD Payment & Performance Bond Information Headquarters - 4399 N. Santa Anita Ave.. Ste. 205 - El Monte, CA 91731-626-444-8355 - FAX 626444-8173 a City Clerk City of Huntington Beach May 13, 2002 Page Two Xa Name of Project Superintendent and Inspector XU Subcontractors Bonding Affidavit If you have filed a state required DAS-13 Form, you may forward a copy along with the other requested information. If you have not filed a DAS-13 Form, please fill out the enclosed form and attach the additional requested information to that fora. If you have any questions, please do not hesitate to call. Sincerely, Richard L ce i Field Investigator Enclosures CCC S/300 (4/99) DATE EXTRACT OF PUBLIC FORKS CONTRACT AWARD , TO: Center for Contract Compliance 4399 Santa Anita Ave,Suite 205 El Monte, California 91731 (818)444-8355 (818)444-8173 (FAX) FROM: AWARDING AGENCY DATE OF BID ADVERTISEMENT RARE CCNTACT PERSON = RESS CITY STATE IIP A CONTRACT TO PERFORM PUBLIC WORKS UNDER LC SEC. 1777.5 HAS BEEN AWARDED TO: NAY: OF GENERAL CONTRACTOR CCNTRACTCRS LIC. NO. MAILING ADDRESS (street,eity,zip) TELEPHONE AZESS Cat LOCATICN OF PROJECT (include City and/or County) CCNTRACT OR PROJECT "SER DOLLAR AM(XNT OF CONTRACT STARTING DATE COMPLETION DATE NUMUR OF NORKING DAYS TYPE OF CONSTRUCTION (Highway. school, etc.) 2iEW CONSTRUCTION () ALTERATION [; CLASSIFICATION OR TTPE OF WORUM4 TO BE UTIL12ED ttarpenter,Plurber,etc.) PLEASE FILL OUT ATTACHED SUB -CONTRACTORS LIST OR ATTACH A COPY OF OF THE GENERAL CONTRACTORS SUB LIST SUPPLIED AT TIHE OF BID Is language included in, the Contract Award to effectuate the provisions of Section 1T77.5 as required by the Labor Code?............................................................ YES U NO El Is language Included in the Contract Award to effectuate the provisions of Section 1776. as required by the Labor Code7.......................................••..•..........•••••• TES U NO I] SIGNED BY TITLE DATE CCC FS/101 (4/90) SUBCONTRACTORS LIST VECOCNTRACICR PORTICN OF WRX LCCATION AND PLACE CF BUSINESS LICENSE NO. EXPIRATION DATE: / / PHONE ( ) SUSCCNTRACICR PCRTICN OF WORK LCCATICN AND PLACE OF BUSINESS LICENSE NO. JEXPIRATION DATE: /• PHONE ( ) SUSCCNTRACTCR PORTION OF t.MK LOCATION AND PLACE OF BUSINESS LICENSE NO. EXPIRATION DATE: / J TPHONE f } SU6CONIRACTOR PORYICN CF WORK LCCATION A.4D PLACE OF BUSINESS LICENSE 110. ' EXPIRATION DATE: / / PHONE .( •) $C .=MTRACTOR PORTION OF WCRX tOCATICM AN9 PLACE OF BUSINESS LICENSE NO. EXPIRATION DATE: / / PHONE ( ) SUBCOHTRACTCR PflRT10N OF VOW LOCATION AND PLACE OF BUSINESS LICENSE NO. EXPIRATION DATE: j j PHONE ( ) SUBCORTRACIOI PORTION OF VORK LCCATICN ANO PLACE CF BUSINESS LICENSE NO. EXPIRATION -DATE: / / PHONE ( ) �SUBCCNTRACTCR- - .` - - - PORTION Cf WORK LOCATIO4 AND PLACE OF BUSINESS LICENSE 110. EXPIRATION DATE: J f PHONE ( ) CCC FS1103 (4/90) RECEIVED' BY: , 41 (Name) (Date) . 'DI CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes (ext. 6260) after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, Crty Treasurer AT@T�N: Jim Slobojan, Deputy City Treasurer FROM����� DATE: O� SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Maintenance Bond No. fr+Maol' &r,� NO Re: Tract No. CC No. 01V MSC No. Approved ©1 -01 _01- (Council Approval Date) pl N PUi coca STY VCTV4 OK (Company Name) Q3z-7qz P Agenda Item No. City Clerk Vault No bl �06'bo g /lah/bondletter doc 0 CITY OF HUN TINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CO'W41E BROCKWAY CRY CLERK December 16, 2003 Dinalli Construction, Inc. 5180 E. Hunter Ave. Anaheim VUls, CA 92807 Re: CC-1184 — Civic Center Tenant Improvements CALIFORNIA 92648 Enclosed please find your original bid bond issued by Colonial American Casualty and Surety Company for Cash Contract #1184. 4 owlod"V— Connie Brockway, CM City Clerk CM:pe Enclosure fl:liotlorwplcashoont'retumbtdbond.doc procedure #13 RTalaphona: 714-53352271 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY BOND NO.: DINCO-022 BID DATE: 2-19-02 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, DINALLI CONSTRUCTION, INC., (hereinafter called the Principal), and COLONIAL _ AMERICAN CASUALTY AND SURETY COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of MARYLAND, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID_ Dollars ,($10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and _ assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for RENOVATION OF CIVIC CENTER, FLOORING, DOORS, STOREFRONTS, PAINTING ELECTRICAL HVAC CASEWORK AND FIRE ALARM WORK PER BID #1184 in accordance with the plans and specifications filed in the office of the obligee and Under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bcnd for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 14TH day of FEBRUARY 2002. DINALLI CONSTRUCTION, INC. BY: President M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 2/14/02 before me ZARA S. SPOWN NOTARY PUBLIC , personally appeared RANDY SPOHN , X personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose namc(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by his/herltheir signatures) 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. c_.... -• Signature of Notary i . _._.��..,_.. �.,.�t.��;> �.-:.;•>:����«}:.�*z*��OP.TIOLwAL�� %.rx#►��� , , Though the data bclo%v 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 xx ATTORNEY -IN -FACT [� TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME Of PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT r *, a CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONME BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPRQVED BY THE CITY _COUNCIL/ REDEVELOPMENT AGENCY OF TIiI, CITY OF HUNTINGTON BEACH DATE: May 2, 2002 Tp: Dinalli Construction, Inc. ATTENTION: George Nemeh ]dame 5180 E. bunter Avenue DEPARTNIEN'T: sued Anaheim Hills CA 92807 REGARDING: Construction Contract Cary, state, tip re: CC-1184 See Attached Action Agenda Item E-9 Date of Approval 4/ 1/02 Enclosed For Your Records Is An Executed Copy Of Th.- Above Referenced Agenda Item. 407� Remarks: Cannie Brock%vay City Clerk Attachments: Action Agenda Page �_ Agreement x _ Bonds _�, Insurance x RCA Deed other CC: R. Beardsley DPW x x x x Name DepaAmem RCA Afleaaad imuranx Other E. Charlonne DPW x x x X None Deparunca RCA other S. Freidenrich Treas. x x Name Dq-unem RCA A&eement bmwance Other Name Depuunera RCA Awcemmt DwAranee Other C Mendoza Risk Mgmt. x x Name Depm=cnt RCA insurance (Telephone: 714-53"ZV ) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACI I AND DINALLI COUSTRUCTICN, INC. FOR THE CIVIC CENTER RE NOVATIGN IMPROVEt✓,E WS CC--1184 THIS AGREEMENT ("Agreement") made and entered into this 1st day of April 2002 _, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and DINALLI CONSTRUCTICN, INC. hereinafter referred to as "CONTRACTOR." a California CORPORATION , WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as THE CIVIC CENTER RENOVATION IMMEMITS+ OC-1184 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 agrees as follows: 1. STATEMENT OF NVORK: ACCFyrANCE 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 egreeNomWaty constlrey 14.18-01 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses inured by or in consequence of the suspension or discontinuance of work, except such as arc 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 NVORK, PLANS AND PF?CIFICATIONS 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 Cased 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; egreetrorms►cdty consVfey 10-18-01 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of St indard Specifications for Public Morks Construction, published by Builders' News, Inc., I0801 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 Gene -.A 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); INt3dlDES ALL ADDITIVE ALTERNATIVES 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 igreel a=Idty constt'rev 10-1"1 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. I 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 TW3 MILLION TWO HUNDRED NINETY T[= THOUSAND SIX HUNDRED SIXTY SEVEN AND 00/100 CENTS Dollars (S 2,293,667.00 , as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. 9O,%V0FNCFMF,NT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within WU= 3{ 20 ) consecutive WORKING DAYS from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TINIE OF THE.-. FSSFNCF The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agreeRorms/aty consUrev 10-18-01 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CFIANGFS CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change thercl'rom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work - necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agreel[ormsl6ty consJrev 10-18-01 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work Kill 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 (10000) of the contract price to guarantee the CONI'RACFOR'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. WARRANTII~S CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work:, shall have the option to make appropriate repairs or replace agreeRonra/aty consvrev 10-18-01 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDFPENDI?NT 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. It. 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 _ FIVE Tazwrn _ Dollars (S 500.00 _ per day for each and every working day's delay in completing the wort: in excess of the number ofworking/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.lormslaty tonstlrev 10-18-01 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shalt be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the worm 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 egreenormVcity consirev 10-1 &01 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFFRING SITE 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 Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agreelforms/aty consVrev 10-1&01 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion. DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the wort: performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous 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 wort: 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 (1000/o) of agree/forms/city constlrev 10.18-01 10 the value of the wort: 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 DPN%" affirming that the work for which payment is demanded has been perfonned 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. 16. 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 clahns 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 cif the State of California. agree4ormsJdry const/rev 10-18-01 11 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of th.-m 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. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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. agreelformslaty tonstlrev 10.18-01 12 19. WORKERS' COMPENSATION AND EhIPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. cf this Code, which requires every employer 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 tbrnish 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 tenors of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE: In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including prod uctslcompleted operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is agreeMorrWcity const/rev 10.18-01 13 provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance 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. CERTIFICATFS OF INSURANCE;- ADDITIONAL- INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in fierce; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the wort: under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right agree4orms/aty consthev 10.18-01 14 to demand the original or a copy of all the politics 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 CONTRACTOWs insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under 1hi3 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. agreel[ormslaty const/rev 10-18-01 15 23. TERMINATION FOR CONVFNIENCE 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 % °.o} for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 24. DISPOSITION OF PLANS, FSTUMATF.S AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be d;:Iivered to CITY and become its sole property at no further cost. 25. NONASSIGNARiL1TY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 26. QTY EMPLOYFFS AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agreelforrmslaty tonsVrev 10.18-01 16 27. 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 to provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (5100) for every Stop Notice fled in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach DMAIM INC. ATTN: ERic ampLom_ 2000 Main Street T5180 F.F.—rttUn'F''u Av�nIR - Huntington Beach, CA 92648 ANAHEIM.HILZ.S, CA 92807 I f agreeAorms1dty consUrev 10-1&01 17 29. 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. 30. IMMIGRATION CONTRACTOR shall be responsib'e for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United Stales Code Section 1324a regarding employment verification. 31. LEGAL SFRVICFS SUBCONTRACTING PR0111131TFD 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. 32. ATTORNF.Y'S FF.FS Except as expressly set forth in Section 18, in the event suit is brought by either party to construe, interpret and!or enforce the terms an&or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, tgreeMonsldty consVrev 10-18-01 18 such that the prevailing party shall not be entitled to recover its attorney's fees from the non - prevailing party. 33. INTERPRETATION OFT[ IIS 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 halding 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. clothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agreelfom s/dty consurev 10-1B-01 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Where CITY's consent/approval is required under this Agreement, its consentlapproval for one transaction or event shall not be deemed to be consentlapproval to any subsequent occurrence of the same or any other transaction or event. 37. SURVIVAL Terms and conditions of this Agreement, which by their sense and content survive the expiration or termination of this Agreement shall so survive. A MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duty executed by both parties. 39. ENTI R F;TY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agreeRomWdty consUrev 10-18-07 20 of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS Wt[EREOF, 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 DINAMI CONSI'RUCTICN, INC. By: R� NEMEprinname ITS: (circle one) Chairman/Presideni/Vice President AND By: print name ITS: (circle one) Secretary.'Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: CitycKdministrator agreeTomrlaty constlrev 14-18-01 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 0 F /' Oil - J i ATTEST - City Clerk OS-aZ-�Z —T APPROVED AS TO FORMS: i y Attorney INIA1TED OD APPROV f (K Directo ublic Works CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACI1 AND ninalli Construction, Inc. FOR The Civic Center Renovation Improvements CC-1184 TABLE OF CONTENTS m No 1. STATE OF WORD; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORE; 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 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION. DEFENSE, HOLD HARMLESS 12 19. WORKERS'COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. DEFAULT &: TERMINATION 15 23. TERMINATION FOR CONVENIENCE 16 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 25. NON -ASSIGNABILITY 16 26. CITY EMPLOYEES AND OFFICIALS 16 27. STOP NOTICES 17 28. NOTICES 17 29, SECTION HEADINGS 18 30. ItiMMIGRATION 18 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 32. ATTORNEY'S FEES 18 33. INTERPRETATION OF THIS AGREEMENT 19 34. GOVERNING LAW 19 35. DUPLICATE ORIGINAL 19 36. CONSENT 20 37. SURVIVAL 20 38. Modification 20 39 ENTIRETY 20 jmpAontracts group/city cons IM102 V fir' SECTION C PROPOSAL for the CIVIC CENTER RENOVATION from CASH CONTRACT No. in the CITY OF HUNTINGTON 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 base bid work within 320 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 W accepted for award, BIDDER agrees to enter into a contract with AGENCY at the lump sum price. 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. It is agreed that the lump sum price bid include all appurtenant expenses, taxes, royalties, fees, labor, material, equipment, and all other costs incidental to the work, 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 the bid shall be evaluated on words and not figures. %0 W EXAI131T A C-1 W If awarded the Contract, the undersigned agrees that In the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bf Amain the amount of S 229 13(-� :4nwhich +w 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: M Addenda No. Date Received Bidder's Si ature 1 o Z - lq � 2aoL W. �'"� City of Huntington Beach Civic Center W un �J Bid Schedule Base Bid Lurrm sum . 51x (In Words) (In Figures) Bid Alternates: The following quantities are for comparison purposes only. The contractor shall be paid for the actual quantities installed or constructed per the plans and specifications. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION Construct Automatic Fire Sprinklers, connect system to new Standpipes, Pumps And 1 Connections, Fire Alarms, Communications 4,889 SF S And Voice Evacuation Systems And All Appurtenant Work As Specified And IMA C-2 Required - 2n Floor Civic Center Construct Automatic Fire Sprinklers, connect system to new Standpipes, Pumps And 2 Connections, Fire Alarms, Communications 12,337 SF $ And Voice Evacuation Systems And All Appurtenant Work As Specified And ��-9 Re uired - 3'd Floor Civic Center Construct Automatic Fire Sprinklers, connect system to new Standpipes, Pumps And 3 Connections, Fire Alarms, Communications 12,337 SF $ And Voice Evacuation Systems And All Appurtenant th Work As Specified And 4-gy��3 t� Required - 4 Floor Civic Center • Construct Automatic Fire Sprinklers, connect system to new Standpipes, Pumps And Connections, Fire Alarms, Communications 4 And Voice Evacuation Systems And All 12,337 SF $ Appurtenant Work As Specified And Required - Balance of 5th Floor Civic f 4-3 Center Construct Automatic Fire Sprinklers, connect system to new Standpipes, Pumps And Connections, Fire Alarms, Communications 5* And Voice Evacuation Systems And All 46,085 SF $ Appurtenant Work As Specified And Required - Basement Of Police i''1�� 2� 3 De artment Construct Automatic Fire Sprinklers, connect system to new Standpipes, Pumps And Connections, Fire Alarms, Communications 6* And Voice Evacuation Systems And All 35,722 SF $ Appurtenant Work As Specified And Required - Police Department 1st & 2nd 3 Floors13'7� 7 Construct Wet Standpipes in Civic Center Stairwells LS SF so" (AS Jo 8* Construct Wet Standpipes in Police LS SF Department Stairwells ct S-� _ ,ry 9 Equipment Training LS SF $ vfdv 10 3 Year Renewable Contract For Central LS SF Station Unit sfl 11 Demolition Of Existing Suspended T-Bar 41,900 SF CeilingSystem - Civic Center 12* Demolition Of Existing Suspended T-Bar 81,807 SF $7 CeilingSystem - Police Department •-�, Z-L, .' . Construction Of New Suspended T-Bar 13* Ceiling And Lighting System - Balance of 9,645 SF $ Basement & Council Chambers @ Civic ' Center I 1 4 J1, 2-1� ...� C-3 Construction Of New Suspended T-Bar 14* Ceiling And Lighting System - 2nd Floor 4,889 SF $ Civic Center j1g-'; ub Construction Of New Suspended T-Bar 15* Ceiling And Lighting System - 3`d Floor 12,337 SF $ Civic Center 1-71 IPZ2 ero Construction Of New Suspended T-Bar 16* Ceiling And Lighting System - 4th Floor 12,337 SF $ Civic Center S 0. (.0 Construction Of New Suspended T-Bar 17* Ceiling And Lighting System - Balance of 51h 12,337 SF $ Floor Civic Center A-, do 18 Patch Existing Holes In Fire Walls 5-.are &F SF Construction Of New Suspended T-Bar 19* Ceiling And Lighting System -Basement 46,085 SF. $ Police Department 0( 3 �b Construction Of New Suspended T-Bar 20* Ceiling And Lighting System - Vt & 2"d 35,722 SF 2bg $ Floor Police Department r_gel dV 21 Patch And Paint Stairwells 4 to-,r0 S+F SF 07, Abandon Existing Single Check Assembly 22 And Construct New Double Check Assembly 1 EA $ System And 6-Inch Feeder Line 1 3 �''T i o. 4:) 23 Remove Existing Fire Pump and replace 1 EA with New Fire Pump sized for news stem �..� 3$.01 TOTAL PROPOSED COST lit, $ 4 11 4AL4- j W4.0 Deletion of one or all of the designated bid items shall not constitute or be considered as changes initiated by the City and the limitation of 25 percent (25%) indicated in Section 3-2.2.1 "Contract Unit Prices" in the Standard Specifications for Public Works Construction (Greenbook) shall not apply or constitute extra work under Section 3-3. By submission of a bid, the Contractor acknowledges its understanding of this provision. The evaluation and award of this lumpsum contract shall be based on the lowest responsible bidders BASE BID proposal. C-4 • u • 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 of Work Name and Address of Subcontractor State License Number Class ELoc:r4k. c_ A 750 o—� SCi? s_66 F 4E R M.M- s ,� co/Z l63 F;Q� 1Cl 20S FL" SSA �'(�;Z,�2cN� 3A 77?s A46"AO'. ' 4. cn1� Z Q C) q Z rv.l6'r . T'rc. r S By submission of this proposal, the Bidder certifies: • 1. That he is able to and will perform the balance of all work, which 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 • NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange &e.RGc. A)GO ►EN , being first duly sworn, deposes and says that he or she is QeesZoe+rC of D;&JAW .Ak— the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to, fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. G6cW_66 n!c-AE,H Name of Bidder mat re of Bidder 51 W E. Htx ?ram AJL• , mA%i6-% w,us, CA 42so7 Address of Bidder Subscribed and sworn to before me this 4y7t day of �#yge-h' , 200 NOTARY PUBLIC / YJ NOTARY SEAL TARRY IWCNA!!Y Comm. 11295520 rrAA vJ �� NOTARY PUBLIC -CALIFORNIA Y( orange County My Comm. Expires March 9, 2005i 4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY 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 CIVIC CENTER RENOVATION (1)(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. 0 [1 Date: o 3 - 0 4 - 2ooZ 0 D;,jp uW, �,ssT,evGTio.J� �-• Contractor 6EDR6E Alm EH By Title 0 C7 DISQUALIFICATION QUESTIONNAIRE 4 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? 4 ❑ Yes ® 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-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 0 • • Date: c 3- o 4- 20 o Z w 0 9 D p#4ALC,, Co�rStQ�cTioa ?.SIG Contractor GEo0-6E A/E.IVIEK BY Title U C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name S-1 so E- N/^f7ek AVE• Business Address ANA"e!#AAKA LXX cA '12007 City, State Zip 17/4 4,4 s = qqq I Telephone Number GLAD 6 Li cEn[Wz- Alb. 7¢S74, I State Contractor's License No. and Class 02 -• /0— 1118 Original Date Issued Expiration Date The work site was inspected by KMLE6 MANKA of our office on F664vAR'1 I3?N, 200 2 The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington 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. W D i � A tom; Co.�rs?,2clLTio.J �1 L . Company Name 4 nature of Bidder 6-cc46C *41EM E m Printed or Typed Signature LARRY MCNALLY Subscribed and'sworn to before me thist day of 13�1-. 200. %��Uy 1t295520 NOTARY FUSLIC•CALIFOUTA ore"21 County Comm. Enkes March l.2X5'. NOTARY PUBLIC 1 '� ,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. f?Atec IdWAft h^;J MOtA use 4 VgA LA wC-VA , �ALas & A'rts, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: 8 4-7, caoo --r.r P.0:�6Zas Contract Amount Type of Work Date Completed 2. 'T-o4- V42 vdE 4. + ro NFWAQT cEze -A PP- F cw-tt CA Name and Address of Public Agency Name and Telephone No. of Project Manager- eaN cEet-zt q 47 720 - zs_?¢ �r A i 15100, Coo &AAatE , Contract Amount Type of Work Date Completed W �r �. 1w; 3. _G -rq aF Lm r-uAm Name and Address of Public Name and Telephone No. of Project Manager: 3 o 0&0 -XAI R1t0G[fS Contract Amount Type of Work Date Completed G11 V SECTION D SAMPLE CONTRACT D-1 FEB-19--2032 14: 23 HUNT I NGTON BEACH 714 374 1573 P.07i07 ;ecurity, etc. as well as returning the site back to the City after completion of the project In equal �'"'to or better than condition than when taken by the contractor. All bidders shall acknowledge the receipt of this addendum with their bid proposal. Bidder Acknowledgement: UINAIL: -LWS'� r• �i�C• Q 3 - D¢- ?.GNbZ Company Name ignature Date Eric Charlonne Contract Administrator City of Huntington Beach Huntington Beach Gvic Center Renovation Project Addendum *1 February 19, 2002 Page 7 of 7 Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice Presid � d J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of thegBa of saidy, which are set forth on the reverse side hereof and are herebv certified to be in full force on the date , does hereby nominate, constitute and appoint Randy SPOHN, of Santa Ana, California, � d lawfu,� d Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as t and deeM and all bonds and undertakings, each in a penalty not to exceed the sum of SIX MILL OLLARt. 0,000) and the execution of such bonds or undertakings in pursuance of these presents,1,0 e as bind' on said Company, as fully and amply, to all intents and purposes, as if they had been duly exe d acknow �;�e�y�the regularly elected officers of the Company at its office in Baltimore, Md., in their own propl ons. r���' The said Assistant Secretary does hereby ce &Tthe extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Compmic, ,is now m force. IN WITNESS WHEREOF, � -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the�Yaid COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 2nd day of April, A.D. 2001. ATTEST: stb SEAL State of Maryland County of Baltimore ss: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY J. G. Hamilton Assistant Secretary By: z4L Paul C. Rogers Vice President On this 2nd day of April, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. IVDP�� Carol J. Fader Notary Public My Commission Expires: August 1, 2004 POA-F 186-2188 c EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 14th .day of February , 2002 Assistant Secretary 04/19/2002 08:35 9496730565 NEWUINE PAGE 01/02 AC. CERTIFICATE OF LIABILITY INSURANCE 44/19 Q/�?L?,//2002 moucip vrwim nmtJR?LtiCz STi! micas THIS CERTIFIC�ApE IB IBSl1ED AS A MATTER OF INFORMATION License No. 0792964 ONLY AND C NTFER3 NO RIGHTS UPON THE CERTIFICATE 705 P. Balboa Blvd. Ste B C GC' k HOLDER, THIS CERTIFICATE DOES NOT AMEND EXTEND OR Newport Beach, Ca 92661 ALTER THE COVERAGE AFFORPED BY THE POLItCIE3 BELOW. (949) 673--0520 V�u(d' �I t ran-aa INSURERS AFFORDING COVERAGE 'imumm D1A>v.l]. COnBtrL1C'tj,O1a, Inc.. amrAzomr�ntal z-taeuaity ximum - two INBURtRA 5180 B. Huater AV%. Aruibeim Hills, CA 92907 MVERAGES MItLVRER Q R>txtiox'd IbLgu>cal�oa Caeegany _ ..,._.-.. . ENSURER C z xn»u>carvwe C'oarpAny.—� - .......... THE POLICIES OF INSURANCE L4STED BELOW HAVE BEEN MSUED TO THE INSURED NAMED A90VE FOR THE POLICY PERIOD INDICATED. NOTU MTHSTANDING ANY RE 14REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTV14 TH RESPWr TO WWCM THIS CERTIFICATE MAY 9E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN M SUBJECTTO ALL THE TERMS, E) CLUSIONSAND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY MAC/E BEEN REDUCED BY PAID CLA IS, RNA TYPECPMBU 4W.R LpI,ILT�II�LTION LBOT8 OnIEMWAMUTY EACH OWLWENCE $1, 000 , 000 - RRE DAMAGE (Any one Rrc) COWERCAL GENERAL UASIU`TY x S 0 , 000 A _ OLA"SMADE XOCCLR 1195ZG2938 2/l/2002 2/1/2003 MEDEXP(A++YenePaunn) 21,000 PERSONAL A ADv INJURY a 1, 000 , 000 ~ _ oFERAI A[apRppnTE 82,000,000 _ NODUCTS-COMPfOPA03 g2,000,000 __ 43EWLAGGRWATELIMMAPPUESPER; POLICY PR4 LOC AUTCMORME UAWLm 00M1CiNE091NOLEEIMIT S1,000,000 ANY AUTO (E4 AorxOerR) — ^ ALL 004EDAUTOS 9ODILYINAMY S 9CWOUIEOAUT08 (Itrpermm) $ HIREOALTOa 721MCOVIIS 9/31/2001 8/31/2002 RODILYINaURY� 4 rooliC►nRUF.nouTos (per more) _ $500 Mm CCbe/LOLL PRCPERTY q uAGE (Parexden0 = GAVAGE UAB ATY AUTO ONLY. EA ACgDEm f - OTHEi THAN EA ACO ---- t ANY AUTO AUTOONLY: AGO S ffXCE"LIAMUT1 I S TO FORM*. EACHOCOUARENCE 2 r OCCUR I_ CLAIMS MADE — pRoyo GAIII FUTTC N 9 City &t Orn" -A[�OR�6ATE S Degu'c City Attorney DrWCTIELE By RETENTION VYORPMS CORWIMRTONARD STATU- c EMP40VOW LIASKAY.- 31F 0029362032 4/1/2002 4/1/2003 ELFActA=OrErrt_ $1,000,000 EL, DISEASE- EA EMPLOYEE S 1 f 000,000 CL,OI&EABE- POLlCYUMrr a1,000,000 OTPERSpecial atbsm B ausinass Personal 723B"P4260 8/31/2001 0/31/2002 $500 $497,000 Pz ert nt deductible limit oBsf7trP11DN OF OA�'TlorT® APD6D 8Y E►�DOLmQ+�frl(1PBCIAL PROJIETOP6 EXcept a 10 day Qanc-6llation for nonpayment of gremLlTml T1h6-C1'ty-of-HMt:Lngtom-H®ach;-all of ita ®lectsd and. appointed officials, directars, officese dire- �loyea>s; ag®nts-and_aezvtmt>8-are-hmraby-iuclTad�ad an- City of Huntington, Beach 2000 bftin Street HLmt1rx9ton Beach, Ca 92648 ACORD 2" (7/97) 8Nl "ANYOF THE AROMMOMWO POLIO W CANCH.LEG WCMTHfi01 WO M DATE THEREOF, THE L"UING MSURER WL.L NI a;D wmL 30 oma RmEN wn O? TC TW CB>; WXATL HMMM M"W TO'DMLEEM. AUnVXU O REPR✓'$E1(TAn1lE / ( SACORD CORPORATION 192A ISSUED IN TRIPLICATE THE FINAL PREMIUM IS PREDICATED ON THE FINAL, CONTRACT PRICE DEVELOPERS SURETY AND INDEMNITY COMPANY Bond # 832792P PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, DINALLI CONSTRUCTION. INC., as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY, a CALIFORNIA corporation, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, as Obligee, in the sum of TWO MILLION TWO HUNDRED NINETY-THREE THOUSAND SIX HUNDRED SIXTY-SEVEN AND N01100 DOLLARS t$2.293.667.001 for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, on the 2ND day of APRIL 2002 the Principal entered into a contract with the Obligee for CIVIC CENTER TENANT IMPROVEMENTS which contract is by reference made a part hereof and is hereafter referred to as the Contract: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall faithfully perform said contract according to its terms, covenants, and conditions, then this obligation shall be void; otherwise it shall remain in full force and effect. The warranty period for this bond shall be one year from date of acceptance of work by Obl-lgee. Dated this 19TH day of APRIL 2002. DINALLI CONSTRUCTION, INC. DEVELOPERS SURETY AND INDEMNITY COMPANY RANDY SPOHN, Attorney -In -Fact AFs POM AS TO FOPU - G-'JL L'JTTC't, City Attoi-itey BY: Doputy City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA Count)' of ORANGE On 4/19/02 before me. ZARA S. SPOHN, NOTARY PUBLIC , personally appeared RANDY SPOIIN , personally known to me -Olt- ❑ ZARa S. SPOHN i s COMM.11230889 m era Notary Public-Crsillorn:aCO t7� ORANGE COUNTY -� r . - hrf Comm. Exp. July 31, M proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same in his/herltheir authorized capacit)'(ics), and that by his/her/their signaturc(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. �'*'- s = Sic -nature of Rotary ••�Ti Ai' :"S.r:�7'�::Z ,`"S1L _y..-•..� i"J Ott" ri..- ti; •.::; - �J TT 7�♦ ti '!'� �"i..r titi.. aS>rrSi`l..{•t Srr . 7yv;•:.r •.+ '� . .. �.f}. ..- .t'. . '1.0� 1101�A��-^S._P.1 E= Though the data below is not required by lair, 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 ❑ PARTNI:R(S) ❑ LIMITED xx ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTINC: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMEn"Ir DEVELOPERS SURETY AND INDEMNITY COMPANY BOND # 832792P PAYMENT BOND KNOW ALL h4EN BY THESE PRESENTS: That DINALLI CONSTRUCTION. INC.. (hereinafter called the Principal), as Principal, and DEVELOPERS URETY AND INDEMNITY COMPANY a CALIFQRNIA corporation (hereinafter called Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of TWO MILLION TWO HUNDRED NINETY -THREE -THOUSAND SIX HUNDRED SIXTY-SEVEN AND N01100 Dollars 2 293 667.00), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, frmly by these presents. Whereas, Principal has by written agreement dated APR'L 2. 2002, entered into a contract with Owner for CIVIC CENTER TENANT IMPROVEMENTS, in accordance with drawings and specifications, which contract is by reference made a part hereof, and a copy thereof is or may be attached hereto. Now, Therefore, The Condition of This Obligation Is Such, That, if the Principal shall pay, or cause to be paid in full, the claims of all persons designated in Sect:cns 3110 or 3112 of the Civil Code of the State of Cal fornia then this obligation shall be void; otherwise it shall remain in full force and effect. This bond is executed for the purpose of complying with the laws of the State of California as contained in Sections 3235 to 3241 inclusive of the Civil Code and all acts amendatory thereof, and this bond shall inure to the benefit of any and all persons designated in Sections 3110 or 3112, Civil Code of the State of Califomia, so as to give such persons a right of action to recover upon this bond in any suit brought to foreclose the liens provided for by the laws of the State of California, or in a separate suit brought on this bond. No right of action shall accrue hereunder to or for the use of any persons expect persons designated in Section 3110 or 3112, Civil Code of the State of California as foresaid. The total amount of the Surety's liability under this bond to any and all persons shall in no event exceed the amount named in the first paragraph hereof. No suit, action or proceeding to recover on this bond shall be sustained unless the same be commenced within six (6) months from the completion of said structure or work of improvement, as "completion" is defined In Section 3086 of the Civil Code of California. APPROVED AS TO FOFX:- Signed and sealed this 19TH day of APRIt 2002. CAIL HUTTON, City Attorney Ry: Leputy City Attorney BY: BY: DINALLI CONSTRUCTION, I DEVELOPERSSURETY.AND INDEMNITY COMPANY act THIS BOND MUST BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY WHERE THE PROPERTY IS SITUATED BEFORE THE WORK IS COMMENCED, IN ORDER TO PROVIDE YOU WITH THE MAXIMUM PROTECTION OF THE BOND AND STATUTES. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stair or CALIFORNIA County of ORANGE, On 4/19/0.2 before me ZARA S. SPOUN, lNOTARY PUBLIC personally appeared RANDY SPO11N , X personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged 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 ZARA S. SPO..4N WITNESS my hand and official scat. COMM. ti230999 m vy Notary Puta:ic-csl;laria Uy W ORANGE COUNTY My Cwm Exp. July 31, 2003 Signature of Notary '�..'.s~�r.�.� .. ��.'r;•r•.. r th" '!,"-5. �y .,r-�ifit�.'�; .�z, - r : � VC li0`\A�q'i :ill r';',�-:'w��l': ;'^•, ��Y=•;Ya aR Yf �w �'; •-« �. �; rti:?��:i a' Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent rcattaehment of this form. CAPACITY CLAUNIED BY SIGNER ❑ INDIVIDUAL �] CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED xx ATTORNEY -IN -FACT ❑ TRUSTEE(S) [) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT POWER OFATTOWNEY FOR DEVELOPERS SUR£TVAIND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19723, IRVINE. CA 92623 • (939) 263-3300 KNOLV ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each severally, but not jointly, hereby make, constitute and appoint: "'RANDY SPOHN, ZARA SPOHN, CHERYL LANDMANN, JOINTLY OR SEVERALLY' as the true and lawful Artomey(s)-in-Fact, to make, execute, deliver and acknowledge, for rid on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomcy(s}in-Fact fult power and authority to do and to perform every act necessary, Tcquisite or proper to be done in cmnection therewith as each of said corporations c3uld do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said P ttomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. Ibis 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 CEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000; I;ESOLV ED. 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. qual i Eying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations. bonds, undertakings and contracts of suretyship; and that the S -Cretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to anent the execution of any such Power ofAnorney; F ESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Po-j•cr of Attorney or to any ecrlificatc relating thereto by facsimile, and any such Ptµ er of Attorney or certificate bearing such facsimile signatures shall be valid and binding t:pan the corporation when so affixed and in the future with respect to any bond, in dcrtaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEM14tTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally eaust:d these prescros to be signed by their respective Executive Vice President and attested by their respective Secretary this ffie day of November, 2000. By: `„"W . David H. R,bodes, Executive Vice President ��cO O� GO�Q�Y Q�C� J GPO/�l GOp,PO� L SEAL W2 =OCT; 0 ki'- By :A'k 1936 $ $ Ta �Oylp L Cq P Waher A. Crowell, Secretary 7� T c C11`0 STATE OF CALtFQRN'tA ) )SS. CCUNIY OF ORANGE ) Or November S. 2000, bcforc me, Diane J. Kaw'ata, personally appeared David H. Rhodes and Waller A. Crowell, ptrsonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities. and that ivy their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Sigraturc CERTIFICATE _ OWNE.LKAWATA Cow. I t 1 n7M ] Nt1UATPUBt1C-CALtFtRPM,C1RANGE COUNTY Th= undersigned, a% Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFOR-NIA, does hcrcby certify that the foregoing Power of Attorney remains in full force and has not been revrtkcd, and furthermore, that the protiisions of the resolutions of the respective Boa-& of Directors of said corporations set forth in the Pov,er of Attorney, arc in force as of the date of this Certificate. Thi; Ccnificatc is cx.-mled in the City of Ir inc. California, the 14 th day of April 2402 Bw David G. Lane, Chic f Operating Officer ID-138001 00i Company Profile Page I of 2 Vrx Maw Profile Company' i roflle 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 theent f rrSService-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 gLossar SURETY Company Complaint Information /. CompanyPerformnnee Comparison Data (:qmpo5ite mp a- -S- iie� http://www4.insurance.ca.gov/wu/idb_co—Prof utl.gct_co_prof?p EID=100I70 4,119i2002 APR-le-NOZ 02:11Pm FMDIHALLI AN, IF CONSTUCTICY 1'~"�' T14 025 $224 T-ITT P.D92/D�2 F-DD1 DINALLI CONSTRUCTION, INC. National General Contractor CORPORATE RESOLUTION The tutdersig cd hereby certifies that he/she is the Secretary of Dinalli Construction, Inc., a corporation +idly exciting and organized under the laws of the State of California, which Corporation r presently subsisting and in good standing under the laws of such Stale; that the following is true accurate and compared transcript of resolution duly adopted at a meeting of the Board of hectors of said Corporation duly held on the 19 day of April 20 02 , at which a quor� m was present, and that thr, proceedings were in accordance v6 ith the Articles and by-laws of d Corporation, and that said resolutions have not been emended, rescinded, modified or r voked, and are in full force and effn:t. RESOLVE that the following named persons or officers of the corporation are hereby authorized an d directed to sign a contract on behalf of the corporation with the City of Huntington Bleach fox the Civic Center contract number 1194. FURTHER RESOLVED that the following named persons or officers of the corporation are hereby authorized and directed to sigh, execute, and deliver on behalf of, and in the name of the corporation, such agreements, documents, or other instrwnents what so ever in such form as they dean advisable in connection with the City of Huntington Beach Contract. 6Ic. ._Iles Narnt, Title Nsrne, Tile Name, Tile Corporation Name: Dinalli Constriction Inc. By:YJL-4d)d_k/_LECRETARY (9KCtclary of Cc lion to Sign) Date: 4/19102 CITY OF HUNTINGTON BEACH "I Olt "t- Cwk0l"Tr pPw MEETING DATE: 411102 DEPARTMENT ID NUMBER: PW 02-035 Council/Agency Meeting Held: 02 DeferredlContinued to: 0 Conditionally Approved 0 Denied f "City Clerk's Council Meeting Date: 4113bZ v """" ' i Department ID Number. CITY OF HUNTINGTON BEACH REQUEST FOR ACTION PW 02-035 N SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratora� )Y2 PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works/ V SUBJECT: AWARD THE CONSTRUCTION CONTRACT FOR THE CIVIC CENTER HEALTH, SAFETY AND WORK IMPROVEMENT PROJECT, CC-1184 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: The Civic Center Tenant Improvement, CC-1184, is a high priority project that mitigates current building health and safety issues such as asbestos abatement, heating and ventilation systems, fire sprinkler installation, and ergonomically functional work areas. Staff recommends award of the construction contract to Dinalli Construction, Inc., the lowest responsive and responsible bidder. Funding Source: Funds are budgeted in the Capital Improvement Fund; City Hall Rehabilitation accounts 30187012.82200 ($930,000); Civic Center Fire Sprinklers 30187019.82200 ($555,200); Equipment Replacement Fund, Communications Equipment, 553440101.83900 ($50,000) and the Undesignated Unreserved Fund Balance ($1,393,500). Recommended Action: Motion to: 1. Accept the lowest responsive and responsible bid submitted by Dinalli Construction, Inc.; and 2. Authorize the Mayor and City Clerk to execute the construction contract in substantially the same form as the attached sample contract, for the Civic Center Tenant Improvement, CC-1184, for a total bid amount of $2,293,667. 3. Direct the Finance Director to appropriate $1,393,500 from the General Fund Undesignated fund balance to the Capital Projects Fund, Civic Center Improvement Account Number 30187012.82200. GAR C A120OZ02-035 April 1 Chadonne (Civic Center 1184).doc 4V 3/291200212:13 PM REQUEST FOR ACTION MEETING DATE: 411102 DEPARTMENT ID NUMBER: PW 02-035 4. Authorize the Director of Public Works to expend a total of $2,928,700 for the Civic Center Tenant Improvement project. 5. R�XCC -or-_ f31p M'Tr--SN IFItxlD oN tl6 ,2caI , V) SwWTe NZor4-TYu(-few sv(MOF-f I ISc--, 7t�--- 2ra Alternative Action f s): LOP"---9 N\ 'IeW`} V 1PPe-?Z- Deny award and reject all bids submitted for the construction of the Civic Center Tenant Improvement, CC-1184, and direct the City Clerk to return all bid bonds. Analysis: On January 22, 2002, the City Council authorized the advertisement for bids for the Civic Center Tenant Improvement, CC-1184, which includes the remaining first floor and lower level work areas of the Administrative Services, City Treasurer, Central Services Receiving, Print Shop and Risk Management. This capital improvement project was given high priority in the fiscal year 2001/02 budget as it addresses certain health and safety issues. The project consists of full asbestos abatement in the affected areas on both levels and fire sprinkler installation, as well as new electrical, voice and data cabling to accommodate the new office spaces. Heating, venting, air conditioning and plumbing systems will be upgraded. The project also includes upgrading restroom facilities to full compliance with the Americans with Disabilities Act (ADA) and current building codes. Work areas and stations have been designed with ergonomic functionality. Included within the bid documents were additional bid items for the fire sprinklers and alarm systems for the remaining portions of the Civic Center. The Fire Chief has identified the installation of fire sprinklers in the Civic Center as a high priority public safety project. On March 4, 2002, bids were received and publicly opened by the City Clerk. A total of ten bids were received and are summarized below, by order of least dollar amount on the base bid: 1. Dinalli Construction Inc. $669,000.00 2. Sanders Construction $719,000.00 3. Freiss Construction $780,421.00 4. S & R Construction $808,000.00 5. GAM Construction $823,000.00 6. 2-H Construction Inc. $850,000.00 7. SunPeak $875,000.00 8. P.W. Construction $887,500.00 9. EMS Construction $910,000.00 10. WoodCliff Corporation $1,226,000.00 When bid alternates are included in a project, the award process must be described in the documents. City past practice determined that the award is based on the lowest responsible GAR C A12002102-035 April 1 Chadonne (Civic Center 1184).doc 3/29/2002 12:13 PM REQUEST FOR ACTION MEETING DATE: 411102 DEPARTMENT ID NUMBER: PW 02-035 base bid, exclusive of the alternates. The Dinalli Construction Inc. bid for the bid alternate sprinkler and alarm system installaltion was $1,624,654. The authorized project amount includes change orders, construction management services and supplemental expenses. Due to the nature of the construction, demolition, and asbestos abatement, additional supplemental expenses have been budgeted in the project. The bids, including the addition of the fire sprinkler installation for the balance of the Civic Center, exceed the budgeted amount for the Civic Center health safety and work improvement project. The Fire Chief has emphasized the need for fire sprinkler installation throughout the building. (Attachment 2) In response to the health and safety component of this project, staff is proposing the appropriation of prior year-end general fund balance following the City Council adopted Financial Policy Number 12. This policy states: "Fund Balance in excess of the reserve will be allocated as follows:" 50 percent for capital projects (transferred to the Capital Projects Fund) 50 percent for future expenditures (combined with the General Fund Reserve) Based on the FY 2000/01 Comprehensive Annual Financial Report, the General Fund Reserve closed at $411,752,000, of which $2,787,000 exceeds 7 percent of the required General Fund Reserve. Per Financial Policy Number 12, funds in the amount of $1,393,500 can be redirected to the Capital Projects Fund. Fiscal Im act Statement: Per Council action, a new appropriation must meet one of the following three criteria: 1. It is an unanticipated emergency, 2. It is required to implement labor negotiations, or 3. It is a new expense that is offset by related new revenues. This new appropriation meets criteria # 3. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment 1 Sample Construction Contract 2 Memo from Fire Chief Dolder dated March 29, 2002 3 Fiscal Impact Statement 3 WR C AQ002102-035 April 1 Charlonne (Civic Center 11 B4).doc -�-' 31291200212:13 PM (13) April 1, 2002 - Council/Agency Agenda - Page 13 E-8. (Clty Council) Approve Second Amendment to Water Facilities Aareement (Business Park Specific Plan No.11) Among McDonnell Douglas Corporation, Boeing Realty Corporation and the City of Huntington Beach (600.10) —Approve and authorize the Mayor and City Clerk to execute the Second Amendment to Water Facilities Agreement among McDonnell Do-iglas Corporation, Boeing Realty Corporation and the City of Huntington Beach. Submitted by the Public Works Director. Funding Source: No funding required at this time. Approved 7-0 E-9. (City Council) Accept Bid and Award Construction Contract for the Civic Center Health Safety Work Environment Improvement Project, CC-1184- Dinalli Construction Inc. — Approve Sample Contract (600.80) —1. Accept the lowest responsive and responsible bid submitted by Dinalli Construction, Inc.; and 2. Authorize the Mayor and City Clerk to execute the construction contract in substantially the same form as the attached sample contract, for the Civic Center Tenant Improvement, CC-1184, for a total bid amount of $2,293,E67; and 3. Direct the Finance Director to appropriate $1,393,500 from the General Fund undesignated fund balance to the Capital Projects Fund, Civic Center Improvement Account Number 30187012.82200; and 4. Authorize the Director of Public Works to expend a total of $2,928,700 for the Civic Center Tenant Improvement project. Submitted by the Public Works Director. Funding Source: Funds are budgeted in the Capital Improvement Fund; City Hall Rehabilitation accounts ($930,000); Civic Center Fire Sprinklers ($555,200); Equipment Replacement Fund, Communications Equipment, ($50,000) and the Undesignated Unreserved Fund Balance ($1,393,500). As announced earlier in the meeting by the City Clerk, a Late Communication was received from the Public Works Director to request adding the following to the Recommended Action: 5. Reject the bid protest riled on March 6, 2002, by Sanders Construction Services, Inc. the second lowest monetary bidder. (The Late Communication further sets forth to include the following attachments to Item E-9 as part of the public record. 1. Sanders Construction Services bid protest dated March 6, 2002; and 2. CityAttorney's office legal opinion regarding the bid protest.) Approved as Amended 7-0 E-10. (City Council) Approve Agreement for Dry Weather Urban Runoff Discharge Between Cily and Orange -County Sanitation District (600.25) — Approve and authorize the Mayor and City Clerk to execute the Orange County Sanitation District Agreement for Dry Weather Urban Runoff Discharge. Submitted by the Public Works Director. Funding Source: No funding required for this action. Approved 7-0 ATTACHMENT #1 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as 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: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and fumish, at its o%km 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 progi ess or prior to acceptance by CITY, from agreedommtldty constNev 16-1 B-01 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the 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 SPECIFICATIONS COIv'TRACTOR 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; sgreeRamtsldty consthev 10-1"1 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Morks 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 agreerfoffWcdty consthev 10-18-01 3 CONTRACTOR shall not a -tempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR., then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMF,NCEMENT OF PROJECT CONTRACTOR agrees to commen:e the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within (__) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. S. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all egreeRorrns/dty tonstlrev 10-1"1 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all chanf;es, famish materials and perform all work - necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agreelforimidty Consfty 10-18.01 5 i 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. BOWS 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 CON'TRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all 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, small have the option to make appropriate repairs or replace agreelfomWcity consVrev 10-18.01 6 the defective item or items. Upon expiration of such ten (I0) day period, CITY may then make appropriate repair or replacement at COtiTRACTOR's risk and own cost and expense. 10. INDEPFNDFNT 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 DANIAGES/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 Dollars (S ) 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 a gree.RoffnOdty consti v 10-18-01 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furushed 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 (I5) 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 famishing of materials by CITY or egreedomWcIty consthev #0-18-01 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE 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 Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. fgreeftmslcity consUrev 10-1841 9 13. VARIATIONS TN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or do%mwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the 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 wort: as determined from the bid schedule, and if DPW funds 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 agreenorm /fit constkev 10-18-01 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (15) 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. Ib. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the wort: 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 wonting 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. agre&Yonm/cq constlrev 10-18-01 11 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. I8. INDEMNIFICATION DEFEINSE, 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, Iosses, expenses, judgments, demands defense costs, and consequential damage or liability of ary kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CO\'TRACTOR'S counsel. CITY shall be reimbursed for all costs and attorneys fees incurred by CITY in enforcing this obligation. 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 egree,4orms/dty cons`hev 10-18-01 12 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer 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 CO1,7RACTOR slall 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 coversng 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 productslcompleted operations liability and blanket contractual liability, of One Million Dollars ($1,(-00,000) per occurrence. If coverage is a greeltormsl" const rev 1 a-1 M1 13 provided under a form which includes a designated general aggregate limit, the aggregate limit must be no Iess than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES. 4F NSQRAhCE: _ _ADDITIONALINSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CO:VTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right agreelformsldty conswev 10.18.01 14 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, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unlcss the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agreel[orms/dty consthw 10-18-01 15 23. TERMINATION FOR CONVENIENCE CITY may terminate this Agreemcnt 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. 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 25. NONASSIGNABILITY CONTRACTOR shall not sell, as3ign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 26. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agreelformsldty constftw 10-15-DI 16 27. 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 ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so. incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agreelforrrWdty consVmv 10-18-01 17 TO CONTRACTOR: 29. SECTION HEADINGS 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. 30. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 31. LEGAL SERVICES SUBCONTRACIING PROHIBITED 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. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, agreelforrnslaty cons"y 10-18-01 19 such that the prevailing party shall not be entitled to recover its attorney's fees from the non - prevailing party. 33. INTERPRETATION[ OF THIS AGREEMENT The language of all parts of this A; Bement 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 her. -in 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 1 aw. 34. GQVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree.'fmnslcty const/rev 10-18-01 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Where C1TY's consent'approvai is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 37. SURVIVAL Terns and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 38. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 39. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, . promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter ag-eeiormsldty constlrev 10-1 &01 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 By: print name ITS: (circle one) ChainnamWesidentrVice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. S:cretary - Treasurer REVIEWED AND APPROVED: City Administrator egreeNoMWcity eonsUrev 10-18.01 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califomia Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS 1. STATE OF WORD; ACCEPTANCE OF RISK Parma 1 2. ACCEPTANCE OF CONDITIONS OF WORE; PLANS 2 3. COMPENSATION 4 4. COINC%fENCEMENT OF PROJECT 4 S. TMiE OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 S. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAItiAGES1DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTDlATED QUANTITIES 10 14. PROGRESS PAY AEIv'TS 10 15. W17THHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLALNS 11 17. WAIVER OF CLAIMS 12 18. INDENC41FICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATIONINSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. DEFAULT & TERMINATION 15 23. TERMINATION FOR CONVENIENCE 16 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 25. NON-ASSIG. ABII.TTY 16 26. CITY EMPLOYEES AND OFFICIALS 16 27. STOP NOTICES .17 28. NOTICES 17 29. SECTION HEADINGS 18 30, MfIGRATION 18 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 32- ATTORNEY'S FEES 18 33. INTERPRETATION OF THIS AGREEMENT 19 34. GOVERNING LAW 19 35. DUPLICATE ORIGINAL 19 36. CONSENT 20 37. SURVIVAL 20 38. Modificaflon 20 39 ENTIRETY 20 jmptcontwts gmup/city coft9nf3010'- ATTACHMENT #2 FO �e Fire Chiefs Office To: Ray Silver, City Administrator From: Michael Dolder, Fire Chief Date: March 29, 2002 Subject: Fire Sprinkler Life Safety Retrofit of Civic Center In order to address the Civic Center's fire and life safety risks, the City Council allocated Capital Improvement funds to retrofit the building with fire sprinklers. This critical and newssary decision was made in an effort to offset significant life safety risks that include limited emergency ladder access; an outdated fire alarm and warning system; occupancy changes; and aging of the building itself. The combination of these situations creates a significant life safety risk to the building and its occupants. The health and safety risks associated with the existence of asbestos further compounds these risks. As Fire Chief, I cannot over emphasize the critical need to complete the fire sprinkler life .safety retrofitting of Civic Center. Tenant changes, improvements and increased use of the building all trigger the requirement to mitigate the building's life safety features. The requirement to initiate and complete the retrofitting of the Civic Center is consistent with what is required of private sector buildings. It is my professional recommendation that the Construction Contract and funding request being considered by City Council on April 1, 2002 be approved in order to address the Civic Center's fire; life safety; and health and safety deficiencies that currently exist. The disruption and health and safety impacts experienced as a result of the January 2001 asbestos exposure should not be repeated. City Council's approval of the project and funding request will provide a safe and healthy building environment for citizens and employees and at the same time protect the assets, infrastructure and op©rations of city government. ATTACHMENT #3 J, a CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION To: Ray Silver, City Administrator From: Clay Martin, Director of Administrative Services Subject: FIS 2002-12 Approve Transfer of Undesignated Unreserved Fund Balance to Capital Projects Funds Date: March 29, 2002 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for uApproval of the Transfer of Undesignated Unreserved Fund Balance to Capital Projects Fund as requested by Fiscal Policy". If the City Council approves this request (total appropriation $1,393,500), the estimated unreserved, undesignated fund balance of the General Fund at September 30, 2002 will remain at $9,257,500. Clay Marti Director of Administrative Services Fund Balance - General Fund Adopted Budget Current Estimate Beginning Fund Balance 10/1/20001 $ 12,000,000 $ 12,000,000 Plus: Estimated Revenue 133,633,000 132,170,000 Less: Estimated Expenditures (134,813,000) (132,519,000) Expected Additional Appropriations (884,000) Pending/Approved FIS's: (116,000) FIS #12 - Fiscal Policy - Transfer to Capital Projects Fund (1,393,500) Estimated 9/30/2002 Unreserved Balance $ 10,820,000 $ 9,257,500 12000000 10000000 8000000 6000000 4000000 2000000 0 General Fund Balance 2001-02 ADOPTED CURRENT BUDGET ESTIMATE RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AWARD THE CONSTRUCTION CONTRACT FOR THE CIVIC CENTER WORK ENVIRONMENT IMPROVEMENTS, CC-1184 COUNCIL MEETING DATE: Aril "I, 2002 RCA ATTACHMENTS STATUS Ordinance w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & le islative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) Si ned jn full b the Ci Attome Not Applicable Subleases, Third Party Agreements, etc. A roved as to form b �qLtZ Attome Not Applicable Certificates of Insurance Approved by the City Attome) Not Applicable Financial Impact Statement Unbud et, over $5,000 Attached Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report if a licable 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 City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author. Charlonne CITY OF HUNTINGTON BEACH .. -. - F-.+ �; INTERDErARTMEN'rAL COhtN[UNICATIOR� TO: Honorable Mayor & City Council Members n� >-''__, VIA: Ray Silver, City Administrator U ca cn a FROM: Robert F. Beardsley, Director of Public Works SUBJECT: Item E-9, Award of Construction Contract for the Tenant Improvements Health & Safety and Work Environment Project, CC- 1184 DATE: April 1, 2002 The City Attorney's office has asked that Public Works include the following item under Recommended Action: Reject the bid protest filed on March 6, 2002, by Sanders Construction Services, Inc, the second lowest monetary bidder. Include the following attachments to Item E-9: 1. Sanders Construction Services bid protest, dated March 6, 2002. 2. City Attorney's office legal opinion regarding the bid protest. I,fiTe COMMUNIC�IU'� PW 02-035 RCA late communication Mar-07-02 01:52A Patrick B. Sanders 949 951 6938 P.01 DATE: March 7, 2002 Sanders construction Services 20331 Lake Forest Drive, #C2 Lake Forest, CA 92630 Phone: (949) 951-6944 Fax: (949) 951-6936 E-mail: PatS@SandersConstruction.corn Fax / Transmittal TO: Cry of Hurt;ngton 8&a:h / Pubi<cworks ATTN: Eric Charlonne RE: Project A1184 Bid Protest FAX: 714-374-1573 PAGES SEK INCL THIS PAGE: 13 1:26 PM FROM: Pa-b i& B. Sanders 30B NAME: Hinbngton Beach Tenant Imarcvement IOB NO.: 2010 PHONE: 714-536-5430 FILE: Owner TPANSMME125EFiT"VI& I Ems 5F T: ❑For Rerriew & Comments gred-Ex / UPS ❑Blue Prints ❑Re submi=1 For Review & CAmrnents ❑u.s. M3ii ❑Reprodrable ❑As roo d ❑Couner ❑Shop Drawings /Subrntnls ❑For plan j Due Datz: ®Fax ❑RFI ❑For your use ❑Other ❑O.er COMMENTS: Endosed is our formal protest for the above mentioned project. Please let me know if there is anything else that the City V Huntington Beach wilt require at this time. Thank you for your assismnce. /X4 ro.,09 Patrick B. Sanders President Mar-07-02 01:52A Patrick B- Sanders 949 951 6938 P-02 Sanders cnnstructinn Services March 6, 2002 Eric Charlonne, Contract Administrator City of Huntington Beach Public Works 2000 Main Street Huntington Beach, CA 92648 RE: Bid protest for project # 1184, bid opening March 4, 2002 at 2:00 pm. Dear Mr. Charlonne In accordance with Section B, item 19, this letter shall serve as our formal protest of the bids opened March 4, 2002 at 2:00 pm for The City of Huntington Beach Tenant Improvements, protect # 1184. The specific claims of our protest are listed below. 1. At the time of the bid opening, Dinali Construction's California State Contractors License was expired. Please see the attached print outs from the California State License Board web site printed on 3-4-02 @ 3:00 pm. Their license is reported as expired on 2-28-02. License Status: "This license is expired and not able to contract at this time." Per the requirements of Section B, Instructions to Bidders, Item 8, "This project requires the Contractor to possess a valid State of California contractor's license of the proper classification ........ 2. On the required subcontractor list form, Dinalli Construciton did not list sub contractors for Millwork, Doors & Hardware, Drywall, Painting or Ceramic Tile. The conditions of the bid form are that if a subcontractor is not listed then the contractor is able to perform the balance of all work with its own forces, which is not covered in the above subcontractors listing. The State Contractors License Law states that a "B" general contractor "shall not take a prime contract for any project .........unless the general building contractor holds the appropriate specialty license or subcontracts with an appropriately licensed specialty contractor to perform the work." (See attached printout from CSLB) Dinalli Construction does not hold any of the required specialty licenses required to perform the work for these trades. (C-5 for millwork and doors, C-9 for drywal(, C-33 for painting and C-54 ter ceramic tile) General Contractors 0 Design/Build 9 Construction Management 20331 take Forest Drive #C2, Lake Forest, CA 62630 - Ph: 949/951-6944 - Fax: 949/951-693E - CL #716521 www. SandersConstruction. com Mar-07-02 01:53A Patrick B. Sanders 949 951 693a P.03 3. Other licenses listed for personnel under Dinalli Construction are: • Millennium Construction 606302 "B" Suspended • Gateway Builders 695176 "B" Suspended • Nimeh Tile 616870 "C54" Suspended • Macerich Construction 791601 "B" Suspended Please reference the attached CSLB readouts for each of the listed licenses above. Apparently Dinelli Construction has had some difficulty in the past in being able to maintain an active contractors license. 4. On Dinalli Constructions list of subcontractors, page C-5 of the bid form; they did not list the State License Number for E-Z Automatic Systems or Fairview Plumbing. They also did not list the classification for any subs as requested. Based on Section "S" Instruction to Bidders, item #1 states: "All information requested therein must be legibly set forth in the manner and forth indicated. The AGENCY will reject any proposal not meeting these requirements." 5. 1 seriously question and challenge the accuracy of Dinalli Constructions response on the Disqualification Questionnaire; page C-8, of "NO'. It would seam that with four suspended contractors' licenses, there would be circumstance for disqualification from "any officer of the bidder or any employee of the bidder who has a proprietary interest in the Bidder...." Please keep in mind that these licenses are not list as "inactive" or "expired". There are usually severe disciplinary actions involved with gett'ng your contractors license suspend by the state. Based on the above listed five items, not nezessarily as a whole but each individually considered, SCS is requesting that Denalli Constructions bid be considered NON- RESPONSIVE and REJECTED. I am requesting that Sanders Construction Services be listed as the lowest responsive bidder for this project in accordance with Section B, item 14 "The award of contract, it made will be to the lowest responsible bidder....': Please let me know if there are any other requirements that The City of Huntington Beach may need from us at this time with regards to this bid protest. Thank you in advance for your assistance. Best regards, /W/4�.fA Patrick B. Sanders President Encl. Mar-07-02 01:53A Patrick B. Sanders Business Name Search Business Name Search ••i 949 951 6938 P.04 Paoe 1 of 5 ii CAi1:ORACTORS STATC LICE 149C WO i Select the license number you would like to check for status, or return and enter another name search. Name Contractor Name Type DBA DINALLI CONSTRUCTION INC DBA DINAAIIC MODULAR CONSTRUCTION DBA DINAMO ELECTRIC Previous DINARDO PLUMBING DBA DINARDO PLUMBING INC DBA Dh1ASO DINO DBA DIINATALE GARY DBA DNATALE REFINISHING Previous DINATALE REFINISHING & REPAIR Previous DINATO HEATING / A C AND VENTILATING DBA DINAY T G DBA DINAY T G INC DBA DINAZA HO'NIES CORP DBA DINCO E E CONSTRUCTION DBA DINCO E E CONSTRUCTION INC DBA DINCOLO FAITH DBA DINCON CORPORATION DBA DINDINGER KEITH DBA DINDINGER W R DBA DINDO'S WOODWORKS DBA DINE KEN License City Status 7456I GARDEN GROVE Expired 68257I ANAHEIM 417575 DANA POINT 7�$27 SAN DIEGO 752827 SAN DIEGO 5�_5g23 CANOGA NARK 436499 WATSONVILLE 733jL6 COSTA MESA 73 16 COSTA MESA 779695 MORGAN HILL 66945Q ONTARIO 7080 L4 ONTARIO 7115i9 MIRA LOMA 567 64d CARSON 617914 CARSON 69L73-5 RANCHO CUCAMONGA 40433-B GREENVILLE 8�18 EL CAJON I4 672 EL CAJON DM4 CANOGA PARK 563783 NORTH HOLLYWOOD h1v:/1www2.cslb.ca.eov/CSLB LIBRARY/Name+Search.asn Active Expired Active Active Acti vc Expired Inactive Inactive Suspended Inactive Active Inactive Expired Expired Inactive Expired Active Expired Expired Expired K314102 Mar-07-02 01:54A Patrick B. Sanders 949 951 6938 P_05 License Detail License Deteii Contractor License # 745761 M. Page I of 2 PAOT951— ITS r• 441 CAI-rORN7ACOrtTRJ4GTaA . ATCL&CEN3rSURD DISCLAIMER A Ucerse status che6h provides :nformati:pn taken from the CSL© I terse data base. Before re-ying on this ir.'ormalion, you should be aware of the following limitations: • CSLB Is prohibitee by law from disclosirg complair:s until they are referred for legal action. • Per S&P 701.17 only construction related civil juagments known to the CS,B are d-sclosec. • Arbitrations are no:lislec unless the contractor Wis to comply wish the terms of tt a arDitraticn. • Due to workload. these may be relevant infornat•on that has not yet been entered onto the Board's license data Lase_ Extract Date: 03/04/2002 * * * Business Information * * * --- 1DINALLI CONSTRUCTION INC 11642 KNOTT STREET STE 10 GARDEN GROVE, CA 92841 49 Business Phone Number: (714) 895-6544 Entity: Corporation Issue Date: 02/10/1998 Ex ire Date: 02/2812002 * * * License Status * * * This license is expired and not able to contract at this time. * * * Classifications * * * Class Description _ = GENERAL BUILDING COIti'TRACTOR * * * Bonding Information * * * -Dim—� q6,4L AN afro o pi 3cM2, WAYL S fl==tf CONTRACTOR'S BOND: This license filed Contractor's Bond number 08596378 in the amount of $7,500 with the bonding company CQLQti1Ai..AI`1CIt1C4N- -CAS_C:A1,ZIr'?&U-RTY CQ.MPA?'. Effective Date: (1212312002 CDntt;;�ctot'_'$ X3pntlinti 1EIi$Sory BOND OF QUALWI NG INDIVIDUAL(I): This license filed an exemption certif case for the Responsible Managing Officer (RMO) GEORGE TAUFIQ NEMEH certifying that he/she hrin://www2.cclh.ca.pnv/C S1 R i.1RRARY/I.icenSc+D:tail.asn?L1cNum=74576I C 314102 Article �!. �`�•�ssi!i��f:o.^.s Callfornle Home 6PPR09% Article 4. Classifications 4etTtlRilQtti Business & Prafessions Code Uivlson 3, Chapter g. Contractors. Article 4. Classifications haws R ulttttorts Sefv�a dr Pydicrtlens 7055. For the purpose of classlfcation. the contracting business includes any Or all of the following branches: News A Eve in What's 141;1Rt C 0" (a) General engineering contracting. A b-9 v OL,$ (b) General building contracting. . (c) Specialty contracting. �t- _ General Engineering Centrsctot ! 7056. A general engineering contractor Is a contractor whose principal contracting business Is in connection with fixed woks requiring speciati7ed engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, Inland waterways, harbors, docks and wharves, shipyards and ports, dams and Contact CSL8 hydroulectrie projects, levees, river earlrol and retlarnaton works, railroads, highways, streets and roads, tunnels, airports and airways, sewers and sewage disposal plants and systems, waste reduction plants, bridges, Cal 1.600-921-CSLB overpasses, underpasses and olher similar works, pipelines and other or e-mail our RMU no systems for the transmission of petroleum and other liquid or gaseous or our technical staff. substances, parks, playgrounds and other recreational woks, tefinertes, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, power plants and other utility plants and Installations, mines and metallurgical plants, land leveling and earthmoving projects, excavatxtg, grading. trenching, paving and surfacing work and cement and concrete works in connection with the above mentioned fixed w 4eneral BulTding Contractor 7057. (a) Except as provided In this section, a general building contractor is a contraclo► whose principal contracting business Is in connection with any structure built, being built, or to be twit . for the support, shatter, and enclosure of persons. animals, chatiols, or movable property of any kind. Page l e f 2 i45-T tT� L. 002 Table of Contents Article 4. Classlf trca Lone A,_,��nerdl EnginaG+i�!g,��rrt_rdsfor �¢.@Hera gull in n�f;as<tOr �$pe�ty�Qntra�i >-? Insulation and Acoustical Contractor S4 Baiter, Hot Water beating and Steam Fitting Contractor C,5 Carpentry, Cabinet and MI Wo-A Gontractor ± Cabinet and Mill Work Contractors (No longer being issued,) f9-7 Low Voltage Systems Contractor Concrete Contractor Rctr.I Contractor Elevator Contractor Earthwork and Paving Contractors C!3 Fencing Contractor C14 Metal Rooting Contractor (No longer being Issued.) C1 Flooring and Floor Covering Contractors Fire Protection Contractor ,QU. Glazing Contractor = Warm -Air Hoe mg, Ventilating and Air -Conditioning Contractor M Building MovinglDemolhlon Contractor Q2.1 Ornamental Metal Contractor 922 Lathing Contractor (No longer being Issued.) = Landst:mping Contractor = Lock and Security Equipment Contractor M Masonry Contraclor L Construction Zone Traffic Control Contractor r`32 Parking and Highway Improvement Ar 7 a t9 Is to httn•//iutuiu velh ra unv/lirr•ntino/rlaccirir•atinnt him] 'i17m Ailicle +. Classificalions requiring in its construction the use of at least two unrelated build ng trades or crafl% or to do or supertntend the whole or any part thereof. This does not Inchods anyone who merely fumishes materials or supplies under Section 7045 without fabricating them into, or consuming them In the performance of the work of the general building contractor. (b) A general building contractor may take a prime contract or a subcontract for a framing or carpentry project. However a eneral buildi contra r shall not take a prime contract for env prorCtl nvotvino trades other tha ramin or carpentT.unl8ss the nme contract requires at least two unrelated ,budding tra as or cras . other t an ramin or car er.Arli, or uni ass the gerieral Builainc) con lac or nolos theap ropnate soecra inor rC6ns subcontracts withan appropnate ce p orm iiaorK. generai ElUng ton raC or s a.I not take a su •contract involving trades other than framing or carpentry, unless the subcontract requires at feast two unrelated trades or crafts other than framing or carpentry, or unless the general building conirectof holds the required specialty license. The general building contractor may not count framing or carpet" in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project Involving other trades. , Page �OT"-r J)VA 4Z 1: Contractor P'lr• +nd n rsnn Cons• "F ! q'Pipeline contracluir lic3 Lathing and plastering Contractor Q" Plumbing Contractor Ga Refrigeration Contractor M Roofing Contractor Q43 Sanitation System Contractor Sheet Metal Contactor "45i Electrical Sign Contractor rued Solar Contractor Manufactured Housing Contractor CA Reinlorcfng Steel Contractor 01 Structural Steel Contractor M Swimming Pool Contractor C54 Ceramic and Mo ale Tit MQ55 VVatef Conaitsoning Contractor C597 Water Well Drifting Contractor = Welding Contractor r,R Limited Specialty A55 Asbestos Certification HAx Hazardous Substance Removal Cortificallon HIQ Home improvement Certficatlon (c) No general building eontreclor shah contract for any project th ll includes h the'C-16' Fro Protection classification as provided for In Section 7026.12 or the 'C-57' Well Drilling classification as provided for In Section 13750.5 of the Water Code, unless the genera) building contractor holds the specialty license, or subcontracts with the appropriately licensed specialty contractor. (Amended by Stars. 1997, Chapter 812 (S3 857),) Specialty Contreelor 7058. (a) A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skilt and whose principal contracting business involves the use of speclaf9zed building trades or crafts. (b) A specialty contractor includes a contractor whose operations include the business of servicing or testing lire extinguishing systems. (e) A specialty contractor Includes a contractor whose operations are concerned with the Installation end laying of carpels, linoleum, and resilient floor covering. (Amended by Slats. 1991. Chapter 1160 (AB 2190).) flack to.Top,of Prrgp rD 200t Slate ut CaVOmia Cxar Davis. Govemor. Cxx+duiuns of vse tvrivSf vok.Y 7t,,,f2 a z O V r O N 0 L.u.�.Jr.nnnu nrlh nn nm.Jl:ra�sri�+nJ..larriProrinne trt.++l inim? Mar-07-02 01:55A Patrick B. Sanders IVIttMVIC i-fLat5c WCUUM ��. Contractor License # 745761 949 951 6938 P.08 a sty%, A uA A P�letit 1se-0, -4 415 CAI raPMAt'. UTRACTnRS STATF tirrusr REAR? -• r !� t�l r Select the license name you would like to check for additional status details. Contractors Name Also Licensed with Status GEORGE TAUFIQ NF.MM M �LLF,NNILITvI TQ f5TRU�TI.Qcn Suspended ,GAMYAY aL)F-RS-3L%; Suspended NABMNEMH XRAU TILE Suspended GATEWAY BILLMERS WC Suspended ThArF- -RICH CQy_STR 1 T-lOf�-1S Suspended License Number Request contractor Name Requrst Personnel Name Rettuat ales erton R vdt 54les rson NMM0 ROqUelnt rualu:! ub .� IIJaIH" ♦:Y: hti. ul Ih,; t�Pri;l t�.lrgw :�lli\' LIl4Tac IalaFa r'1�.�-rhjht •- ?:�I; .\i; �; I�t•. n:..n.Y1 LAO l !Vial"!! W; I http://,w,ww2.cslb.r,a.gov/CSLB LIBRARY/Multiple+Uceoe.asp?LjcNum=00745761 3/4/2002 Mar-07-02 01:56A Patrick B. Sanders 949 951 6938 P.09 SECTION B R INSTRUCTIONS TO BIDDERS 1. Proposal Forms the Propcsal forms provided by the AGENCY. All Inform. ation reauested therein must be cfearly and legibly set forth in the manner and torm indicated. The AGENCY will reject any proposal not meet;ng these requirements. The bid shall be filed with the City Clerk, Second Floor City Ha!I, 2000 Main Street, Huntington Beach, Caiifomia, which shall bo endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Seated Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting B'.ds. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal anc may cause its rejection. The complete proposal farms shall be without interlineations, alterations or erasures. Alternative proposals will not be cans°dered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after tie time fixed for cpenir.g of bids, provided that the request is in wr:ting, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named In the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be gven as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter Into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an Individual, it shall be signed and his full name with his address shall be givers; If it Is made by a firm, It shall be signed with the copartnership narne by a member of the firm who shall sign his own name and the name and address of each member sha'I be given; and if It is made by a corporation, the name of the corporation shall be signed by its duly authadzed officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 Mar-07-02 01:57A Patrick B. Sanders 949 951 6938 P_10 4. Delivery Of Proposal Proposals shall be enclased in a sealed envelope plainly marked on the outside: 'SEALED BID" for CVIC CENTER RENOVATION in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposa's may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official, prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than ore proposal, all such proposals will be rejected and the bidder w;II be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classificat'on in accordance with the provisions of Public Contract Code Section 10164. (Class B). 106-- J. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-i Mar-07-02 01:57A Patrick B. Sanders 949 951 6930 P_11 10. t_isting Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one - hail of one percent of the Contractor`s total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties tender which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies In the plans, specifications, and other contract documents or should tie be in doubt as to their meaning, he shall notify the AGENCY within 10 days prior to bid date. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bldding period shall form a part of the contract and shall be included with the proposal. 12. Equivalent Materials Requests for the use os equivalents to those specified, must be submitted to the AGENCY 30 working days after NTP or in advance and in enough time not to delay or disrupt the project schedule. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance writh Stale and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and a',t of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plaris. Specifications and other contract documents, and to full compliance t'herewilh. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, it made, will be to the lowest res onsible bidder as determined sorely by the AGENCY. The AGENCY reserves the righ* to reject any or allproposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 dayr. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award Is contemplated. S-3 Mar-07-02 01:58A Patrick B. Sanders 949 951 6938 P.22 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and Vie time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2.4, "CONTRACT BONDS,' of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days alter the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all Insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposa' guarantee. It the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. It the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to turn -eh the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from. the Executive Officer and Clerk of the Superior Court at the following address & phone; Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's Insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of ail addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bld package. Fa -*lure to submit any such addenda with the bid package may render the bid Irregular and shall result in its rejection by the AGENCY. B•4 Mar-07-02 01:59A Patrick B. 5andars 949 951 6938 P.13 19. Bid Protest � To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents sha!I be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar da s after the protester knew or shoo a have Known e prMst, but no ater than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans. specifications, contract documents, bid forms, etc.) will be received by the Engineer up to ten working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time wit_ t not be addressed and will be the responsibility of the bidder. B-5 Mar-04-02 04:13A Patrick B. Sanders 949 951 6938 P.Ol ■ ■ N DATE: Mardi 4, 2002 Sanders Construction Services 20331 Lake Forest Drive, #C2 Lake Forest, CA 92630 Phone: (949) 951-6944 Fax: (949) 951-6936 E-mail: PatS@SandersConstruction.com Fax Z Transmittal TO: City of Hun6ruon Beach / Public works AWN: EricCharlonne RE: Project #11&4 Bid Protest FAX: 714-374.1573 PAGES SE NT INCL THIS PAGE: 1 3:47 PM FROM: Patrick B. Sanders JOB NAME: Huntington Beach Tenant Improvement 308 NO.: 2010 PHONE: 714-536-5430 FILE: Owner TRAN5MrMD AS TNW2HD: SUIT VIA: raflE SENT: ❑For Review & Comments []Fed -Ex / UPS ❑B'ue Prints ❑R.e subrNUI For Review & Comments []U.S. Mail ❑Reproducible [:]As mq",ed ❑cou-irl []Shop Drawings /Sutr-,als []For pricing Due Date: []Fax ❑RFI ❑For Your use ❑Other ❑Other COPY TO: I I I I COVMENTS: Sanders Construction Services will be filing a forma! letter of protest for the bids open today @ 2:00 pm regarding the project captioned above. Can you please fax our office a Complete copy of the bid form from DINALLI CONSTRUCTION, INC. I have checked on their Califomia Contractors License, it is listed as expired on 2-28-02 and they do not have the proper specialty "C' classification license's to perform the work that was not listed on the sub contractor's sheet I wou!d like to verify any other discrepancies before our fcrmal letter Is submitted tomorrow. Thank you for your assistance. Patrick B. Sanders President • J� CITY OF HUNTINGTON BEACH Inter -Department Communication To: ERIC CHARLONNE, Contracts Administrator, Public Works Department From: ROBERT J. WHEELER, Special Counsel, City Attorney's Office Date: March 20, 2002 Subject: RLS No. 2002-0142. City of Huntington Beach Civic Center Renovation Project. Lowest Monetary Bidder: Dinalli Construction, Inc. Second Lowest Monetary Bidder: Sanders Construction Services. Bid Opening: March 4, 2002 In its March 6`s bid protest, Sanders Construction attacked Dinalli's bid in a number of ways. We have reviewed each of the grounds. Business and Professions Code ("B&-PC) § 7057, part of the state's Contractors' Licensing Law, which section defines the term "general building contractor," states, in relevant part: "... a general building contractor shall not take a rime contract for any project involving trades other than framing or carpentry.unless tineprime contract rMuires_at least two unrelated building trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate specialty license or subcontracts with an appropriately licensed specialty contractor to perform the work (Emphasis added.) In 1997, the state Legislature amended section 7057 to its present version and the above -described quoted language (amongst other language) was inserted into the statute. Dinalli, as a general building contractor, holds a Class B license. According to Sanders Construction's bid protest, fulfillment of the City's Civic Center Renovation Project requires specialty licenses to perform the following -listed types of work: (1) a C-5 license to perform millwork and doors; (2) a C-9 license to install drywall; (3) a C-33 license for painting; and (4) a C-54 license to install ceramic tile. In its bid, Sanders Construction listed specialty contractors in each of these four subject areas but Dinalli, in its bid, did not list specialty contractors for drywall installation and painting. Rjw/42mesnos1RLS02-0I42 Lowest Monetary Bidder Eric Charlonne March 20, 2002 Page 2 of 2 It does not matter Sanders Construction's contention is in error In this case, the City's Civic Center Renovation Project (sometimes "Project") involves a number of building trades other than "framing or carpentry " This is clearly shown by a description of the Project itself in the City's bid specifications Tlus is further shown by the fact that both Dinalli, and Sanders Construction, in their respective bids, listed a number of specialty contractors Dmalli listed 10 and Sanders Construction listed 17 Since the City's contract for the Project requires, in the words of section 7057, " at least two unrelated building trades other than framing or carpentry ", Dinalli can legally enter into a (prune) contract with the City for the Project The main objective of section 7057 is designed to protect consumers with regard to smaller construction projects and not larger ones that involve multiple trades or crafts Denver D Darling, Inc v Controlled Environments Construction (2001) _ Cal App 4th , 108 Cal Rptr 2d 213, at p 221 This objective is met here We add that all of the grounds raised by Sanders Construction, in its bid protest, appear to have been taken in good faith In addition to the Business & Professions Code § 7057 issue, we also reviewed Sanders Construction's other items of protest Except for the issue of whether Dinalli held a Class B general contractor's license at the time of submitting its bid, the remaining items of protest all involve minor irregularities which the City can, and should, waive, under Section A of the bid specifications It is our understanding that Dmalli did possess the required contractor's license at the time of submitting its bid Although Dinalli's license expired on February 28, 2002, you have indicated that the State Contractors' License Board informed you that prior to February 28th, Dinalli had applied to the Board for a renewal of its license, which renewal was granted on March 6th Inasmuch as Dmalli applied for an extension prior to the license's expiration date, Dmalli, in our opinion, possessed the requisite license as of the date it submitted its bid In conclusion, based on our review of the necessary paperwork, and B&PC § 7057, it is our opinion that Sanders Construction's bid protest should be rejected or denied and that a contract be let to Dmalli for the Civic Center Renovation Project ROBERT J WHEELER Special Counsel Rjw/02memos/RLS02-0142 Lowest Monetary Bidder s•! $a 'r.Y OF yr.►nf` � litlH I,6,'• TOi IACH, CA es 8.18' � 1:�?I f� p j4 A, �3 11!!i)F1 1001 r� -rx p I. ' 5 ' T Y oF' ,cfwT,;jGToe J avA ro 2aoa 1tAA:A s- CA 9264g Z S , l cl h- 11T4 711 t r: 52 V3 0113W.13 tiE 1081l101 AD A113 RM A11D• CITY OF HUNTINGTON BEACH MEETING DATE: January 22, 2002 DEPARTM s. it NAITO .ynl� 4 U M B IR PW 02-0;11 Council/Agency Meeting Held: 61 -- 22- 07. ?y Deferred/Continued to: Approved O Conditio a'? Approved ❑ Denied %J- ity CI rk' Signatures Council Meeting Date: January 22, 2002 Department ID Number: Poi 4-1;k : cn ;4 CITY OF HUNTINGTON BEACH _n REQUEST FOR ACTION on o c, a SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratoraz,0 PREPARED BY: WILLIAM P. WORKMAN, Assistant City Administrator YI'ti" ROBERT F. BEARDSLEY, Director of Public Work CLAY MARTIN, Director of Administrative ervices ' SHARI FRE[DENRICH, City Treasur r� SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE CITY HALL TENANT IMPROVEMENT PROJECT, CC-1184 Statement of Issue, Funding Source, Recommended Action, Altematbee Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications for the completion of the first floor tenant improvement and lower level remodel are in final building plan review and will be ready for bid upon approval by the Director of Public Works. Staff requests permission to advertise for competitive bids. Funding Source: Funds are budgeted in the Capital Improvement Fund, City Hall Rehabilitation accounts 30187012.82200 ($980,000) and 30187012.82800 ($600,000); Lower Level Improvements 30187022.82200 ($20,000); Civic Center Fire Sprinklers 30187019.82200 ($175,000) and the Equipment Replacement Fund, Communications Equipment, 55340101.83900 ($50,000). Furniture costs totaling $572,600 will be funded in subsequent budgets over thirty-six months. Total project cost is $2,397,600. Recommended Action: Motion to: authorize the Director of Public Works Project, CC-1184. Approve the project plans and specifications and to request bids for the City Hail Tenant Improvement 02-011 Jan 22 charlonne (1184) -2- 1]15102 9:16 AM REQUEST FOR ACTION MEETING DATE: January 22, 2002 DEPARTMENT ID NUMBER: PW 02-011 Alternative Action(s): Forego approval at this time and direct staff on how to proceed with the project. Analysis: In 2001, the Public Works Department and Fire Department tenant improvements were finished. Completion of the first floor improvements was budgeted for this year. Plans and Specifications are now complete for the remaining first floor and lower level areas consisting of the Administrative Services, City Treasurer, Central Services Receiving, Print Shop, and Risk Management work areas. The project includes full asbestos abatement in the areas, new electrical and voiceldata cabling to accommodate the new office spaces. Heating, venting, air conditioning and plumbing systems will also be upgraded. The project includes upgrading restroom facilities to full compliance with American with Disabilities Act (ADA) and current Building Codes. The project estimate, not including furniture, for this work is $1,296,680, which includes a contingency for any unforeseen conditions. Furniture costs, including new modules, are estimated at $1,100,920. Through the vendor, Steelcase, the city has been offered zero percent financing over thirty-six months. Payments of approximately $191,000 per year would be budgeted over the next three budget cycles. Public Works Commission Review: A Public Works Commission request for action was prepared for the regularly scheduled meeting of January 16, 2002. The Commission's recommendation will be presented to the City Council. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA Attachment(s): RCA Author: DSS:EC 02-011 Jan 22 charlonne (1184) -3- 1I14102 3:17 PM ATTACHMENT #1 �i I All Tel �•��— ,i� , o _� ►—�i a r✓ J1' I \\ I kJ�p6Miil_ ear ar .are ! Apr✓•yea � '® r� �' �,. � I 1 aam�an II��'', H n�✓ri Ha� ��R�� urasl®f q-g,,, 24�9P44s��i �. II AIL �Ifl� ll .r�P ��l� ��� �✓�' il�I� �`�� � rye I �I �.Jt"✓� � rgc .c�7+ I_ mir. I t WON ME low i f=ir. I �!✓ir.. r -.I rr✓�I:' `\ ri�� GII .��/ �� r ��� FP MOM.sfa�� Jim li�� 4dfa! 'ePv'6� 9�r�®� 6P►�� I��4�� e� � mil. �I�^ �.i�'q�i➢�� YC `4e�� f1B o 111 , c � •'� g 'ri n I 111 111 �0 ^ iB rr' iJ H" \� )BxiIC� ili lj.■ " I , - "' � A I Ly gso: fa wa q RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE CITY HALL TENANT IMPROVEMENT PROJECT, CC-1184 COUNCIL MEETING DATE: I January 22, 2002 RCA ATTACHMENTS STATUS Ordinance wlexhibits & 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) Signed in full b the Cif Atforne Not Applicable Subleases, Third Party Agreements, etc. LApproved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the Cit Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If a licable Not Applicable Staff Report If applicable) Not Ap licable 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 Ci!Y Administrator (Initial Lqity Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: DSS:EC City Hall Improvements T_ L City Hall Infrastructure Improvements 1� floor &lower level modifications Project Background ➢Some areas require asbestos abatement ➢Existing electrical, HVAC and communication systems are unreliable ➢ Better design and functionality of space is necessary 1/22/02 Late Communication Item F-3 I City Hall Improvements 1st Floor Improvements ➢ Full asbestos abatement as required ➢Upgrade electrical, voice & data lines, HVAC, lighting & plumbing ➢Install fire sprinkler system ➢ Meet ADA compliance for restrooms 3 Existing jSt Conditions Floor ➢ Ceiling tiles & lighting covered with plastic ➢ Heating & cooling conditions are unacceptable ➢ Inefficient work spaces 4 1/22/02 Late Communication Item F-3 2 City Hall Improvements Lower Level Improvements ➢ Relocate print shop area ➢ Construct office space for Administrative Services ➢ Upgrade electrical, HVAC, lighting, voice and data systems Existing Conditions Lower Level ➢ Inefficient use of available space ➢ More useful office space needed for Administrative Services 5 6 1/22/02 Late Communication Item F-3 3 City Hall Improvements Workspace Requirements ➢ Workspace will incorporate more efficient modular, ergonomic furniture to meet health & safety requirements ➢ Furnishing can be financed over 36 months at no interest ➢ More efficiently uses the available space 7 Project Funding ➢ Budgeted CIP $1,825,000 ➢Additional furnishings $572,600 (36 mos interest free financing) ➢Estimated Project Cost $2,397,600 8 1/22/02 Late Communication Item F-3 CITY CLERK CITY OF HUNTINGTON BEACH. CA 1001 MAR -U P 1, 5q 10 Z d h - um 1001 VO'MOb38 NOlJNIMH -40 A D O VN310 �.�EO r N cO Ukkv CC=1184 CIVIC CENTER TENANT IMPROVEMENTS MARCH 4, 2002 a 2:00 PM (Enbineer's Estimate: S950,000) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. 1-West $ 2. 2-H Construction, Inc. S �� Q�- 00 3. AAA -Action, Inc. $ 4. AB Construction $ S. Amelco Industries, Inc. 6. Angeles Contractor $ 7. Broadband Powering Services $ 8. Construct One $ 9. Dinalli Construction, Inc. 0x. a+ 10. ENIS Construction Q $ q l a, om. 00 11. Environmental Kelan-up S 12. First Fire System S Faicss 13. Frciss Co. Builders 3 S -780 q 2� 00 14. GAM Construction s 19 S S 23 0 M. 15. HMI Construction Services S 16. Karcher Environmental $ Bid List 17. Lane - Richard M. Lane, Co. $ 18. Link -Nilsen Co oration $ 19. Matrix Industries, Inc. $ 20. Mechanical Contractors, Inc. $ 21. Miller S 22. P. W. Construction S 8 a% 500. 23. R. S. Haelund Construction S 24. RMS Group S 25. S & R Construction 26. Sanders Construction 2- $ 27. Southwest Industries, Inc. $ 28. Spectrum $ 29. Spencer & Reynolds $ 30. SunPeak q $ CM. +� 31. Universal Construction $ 32.Woodcliff Corporation t0 S 12—� 000 33. $ 34. S 35. $ 36. is Bid list CITY OF HUNTINGTON BEACH 2000 plain Street P . 0 . B o x 190 Robert F. Beardsley. P.E. Director California 92648 Department of Public Works (714)536-5431 City of Huntington Beach Department of Public Works 2000 Main Street, Huntington Beach California 1st Floor Civic Center & Basement Renovation Project Addendum #1 February 19, 2002 Notice to All Bidders: This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Please note the following clarifications and revisions to the project specifications and plans: Item #1 Bid date is extended to March 4, 2002 2:00 P.M. 2"d Floor City Clerks Office Item #2 Replace Section E — General Conditions 3.11 Liquidated Damages with the following: Section 3.11 Liquidated Damages. If the Work is not completed by Contractor within the Contract Time, as adjusted through a duty issued change order, Contractor acknowledges and admits that the City will suffer damage, and that it is impracticable and infeasible to fix the amount of actual damages. Therefore, it is agreed by and between the Contractor and the City that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum specified in Seetien-5 Section 11 of the agreement for construction for each calendar day of delay until the Work is completed and accepted, and that both Contractor and Contractor's surety shall Huntington Beach Civic Center Renovation Project Addendum #1 February 19, 2002 Page 1 of 7 be liable for the total amount thereof, and that City may deduct said sums from any monies due or that may become due to Contractor. If liquidated damages begin to accrue prior to the time for final payment, the amount accrued shall be withheld from any progress payment that would otherwise be due. This liquidated damages provision shall apply to all delays of any nature whatsoever, save and except only delays found to be excusable or compensable pursuant to section 3.07 hereinabove, or time extensions granted by the City pursuant to section 3.10 hereinabove. Pursuant to Government Code section 4215, the Contractor shall not pay fixed and liquidated damages for delay in completing the Project caused solely by the failure of the City or the owner of utility facilities located on the Project Site to provide for removal or relocation of such facilities. Payment by the City of any progress payments after the specified date of completion shall not constitute a waiver by the City of its right to claim liquidated damages in accordance with this section. Ite Article 11 of the Contract between the City of Huntington Beach and the Contractor shall provide for Liquidated Damages in the amount of $500.00 per calendar day. Item #4 Specification and Drawing Clarifications and Changes 1. Section 09681 of the Specifications and the Room Finish Schedule on Sheet T-2 of the Construction Drawings reference Carpet Tile. The Carpet Tile will be supplied by the AGENCY and is to be installed by the Contractor. 2. Sheet A-2 of the Construction Drawings. The existing wood treasurer's service counter at the west end of the lobby on the First Floor is to be modified and relocated so that it remains operational for the temporary Treasurer's Office during construction on the First Floor. The balance of the existing wood counter is to be removed by the Contractor. 3. Sheet A-2. It is clarified that the existing wall finish (wallpaper) throughout the Lobby, Room Number 123, is to be removed and the wall surface prepared to receive the new painted wall finish as shown in the Room Finish Schedule on Sheet T=2. 4. Sheet A-2. It is clarified that the existing asbestos fireproofing on areas that are not to be uncovered will not be removed. Therefore, the existing steel beams that have a decorative wood veneer to remain will not have the fireproofing removed. Columns that are hidden by wall that is not to be removed will not have the fireproofing removed. 5. Sheets A-8, E-4 and M-4. Provide 3 suspended ceiling mounted fluorescent light fixtures type A/87 as shown on the lighting fixture schedule on Sheet E-1 in Office Room Number 120.On Huntington Beach Civic Center Renovation Project Addendum #1 February 19, 2002 Page 2of7 71 J J 41 .r s Sheet M-4, provide suspended ceiling mounted supply diffuser S-2 in lieu of diffuser S-5 at Office Room Number 120 (shown on Sheet A-8). 6. Sheet T-2. It is clarified that the standard for Steel Door Frames is TIMELY Prefinished Steel Door Frames, 18 GA, with Timely Finish Browntone, to match existing frames on the previously improved first floor. 7. Sheet T-2. It is clarified that the doors that are specified as wood doors are to be stain grade, hollow core wood doors stained to match the existing doors on the previously improved first floor. 8. Sheets A-3, A-6 and T-2. Delete the supply and installation of doors L14, L15, 103, 104, 105, 106, 124, 125, 126, 127 and 128 and their hardware from the Contract. These Doors will be provided with the Seal Furniture Systems. 9. Sheet A-1. It is clarified that there is an existing chain link fence enclosure in the area that will become the new print shop. It will be the Contractor's responsibility to demolish and remove that existing fence. 10. Specifications. Remove Specification Section 10265, Impact Resistant Wall Protection from the Specifications. 11. Detail 10/D-1. The Detail is in error in that it depicts a wall mounted watercloset. The waterclosets are correctly specified on the plumbing plan fixture schedule and in the construction notes as floor mounted. 12. Detail 3/D-1. It is clarified that, in the basement, it is acceptable to construct walls to a point above the suspended ceiling level and then brace the top of the wall to the existing concrete floor structure above. A detail shall be submitted for approval by general contractor. Contractor shall include all costs in her bid associated with the design and construction of this support. 13. Detail 16/D-1 and Construction Note 8. Construction Note 8 is in error. Please refer to Detail 10/D-2 for the correct construction materials for the furred plumbing wall (16 GA metal studs). 14. Sheet P-3. Waterclosets WC-1 and WC-2 shall have Sloan Automatic Flush Valves Sloan "Optima" Model 111ES-S with transformer, 1.6 GPF flow and Urinal U-1 shall have Sloan Automatic Flush Valve Sloan "Optima" Model 180-1ES-S with transformer, 1.0 GPF flow. 15. For the purposes of the bid, asbestos removal shall be based on the asbestos containing material report included in the specifications. 16.Shapes, sizes and quantities of existing structure can be determined from the as -built drawings. Drawings can be viewed at the City of Huntington Beach or purchased at Huntigton Beach Blue Print. 17. The contract shall provide the conduit for the data communication system, the City will install the data and communication system. Huntington Beach Civic Center Renovation Project Addendum *1 February 19, 2002 Page 3 of 7 18. The fire control room will be determined by the Fire Marshall during the submittal process. 19. This confirms that the floors and areas associated with all of the additive alternates will be occupied. The contractor's bid shall include all costs for accommodating this by working at night, weekends, etc. 20. All materials associated with the addendums shall be new. 21. Assume 500 SF as the quantity for additive bid item #18. 22. Assume there are no fire water feeder lines stubbed into the Police Department. 23. City shall pay for all permit fees, Contractor to pull permits. 24. Additive Bid item #10 is for Fire Monitoring. 25. The City of Huntington Beach shall provide and install the referenced refrigerator and microwave. 26.The existing light fixtures called to be removed and disposed of contain PCBs. Contractor shall provide all costs for the legal disposal. 27. Sheet E-6. The Contractor shall provide electrical service (115 volts) to within 3' of the proposed bi-parting doors at the west side of the existing Lobby. 28. Sheet E-6. The Contractor shall provide electrical service to the relocated drinking fountain on the north end of the round shaft in the existing Lobby. 29. Sheets T-2 and A-6. It is clarified that Door Number 107, 108, 111, 112 and 121 shall receive automatic door closers. 30. Sheet T-2. Automatic door closers shall be NORTON 85026F, ALUMINUM, BARRIER FREE DOOR CLOSER unless noted otherwise. 31.Sheet A-6 and Detail 7/D-2. Clarifying where Detail 7/D-2 occurs. The Detail callout between Offices 104 and 105 is corrected to read 7/D-2. The Detail callout at the east -west running wall in the middle of Medical Claims 113 Is corrected to read 7/D-1. The Detail callout at the south wall of Medical Claims 113 is corrected to read 7/D-2. The east wall of Hall 109 shall receive Detail 7/D-2. The east and west walls of Conference Room 108 shall receive Detail 14/D-2. 32.Sheets T-2, A-6 and A-3. Doors 1-01 and L04 shall receive Hardware Set HW-1. Doors L05 and L06 shall receive Hardware Set HW-4. Doors L10, L11 and L21 shall receive Hardware Set HW- 3. Door 120 shall receive Hardware Set HW-7. Huntington Seach Civic Center Renovation Project Addendum #1 February 19, 2002 Page 4of7 9 33. Sheet A-6.Offce 120 shall receive windows on the north and west walls of the office per Construction Note 49. 34. Sheet A-3 and A-6. It is clarified that all interior walls shall receive batt sound insulation for their entire length and height. Item #5 Door Hardware Specifications HARDWARE SET #1 3 HAGER BB1279 4.5x4.5 US26D, 5 KNUCKLE FULL MORTISE HINGES, NRP CORBIN RUSSWIN UT5257, 626, C6, PRE -ASSEMBLED UNIT STOREROOM LOCKET, WITH CONVENTIONAL 6-PIN INTERCHANGEABLE CORE (8000). PROVIDE BRONZE CURVED LIP BOX. HARDWARE SET #2 3 HAGER BB1279 4.5x4.5 US26D, 5 KNUCKLE FULL MORTISE HINGES, NRP CORBIN RUSSWIN UT5251, 626, C6, PRE -ASSEMBLED UNIT ENTRANCE/OFFICE LOCKSET, WITH CONVENTIONAL 6-PIN INTERCHANGEABLE CORE (8000). PROVIDE BRONZE CURVED LIP BOX. HARDWARE SET #3 3 HAGER BB1279 4.5x4.5 US261), 5 KNUCKLE FULL MORTISE HINGES, NRP CORBIN RUSSWIN UT5210, 626, C6, PRE -ASSEMBLED UNIT PASSAGE SET. PROVIDE BRONZE CURVED LIP BOX. HARDWARE SET HW-4 6 HAGER BB1279 4.5x4.5 US26D, 5 KNUCKLE FULL MORTISE HINGES, NRP CORBIN RUSSWIN UT5210, 626, C6, PRE -ASSEMBLED UNIT PASSAGE SET. PROVIDE BRONZE STRIKE FOR PAIRS OF DOORS. HARDWARE SET HW-5 STANDARD FOR HARDWARE IS KAWNEER STOCK PACKAGE: "DOR-0-MATIC 1090" WITH RIM TYPE PANIC AND RIM TYPE CYLINDER. NO HARDWARE ON THE EXTERIOR OF THE DOOR. IWO' ALUMINUM MILL FINISH THRESHOLD. ADAMS-RITE MS 1850A DEADLOCK WITH TWO 1-5/32" DIMAETER 5 PIN CYLINDERS. Huntington Beach Civic Center Renovation Project Addendum #1 February 19, 2002 Page 5of7 KAWNEER TOP AND BOTTOM 4-1J27x4" BALL BEARING BUTT HINGES. NORTON 1605 SURFACE CLOSER WITH BACK CHECK. HARDWARE SET HW-6 3 HAGER BB1279 4.5x4.5 US26D, 5 KNUCKLE FULL MORTISE HINGES, NRP CORBIN RUSSWIN UT5257, 626, C6, PRE -ASSEMBLED UNIT STOREROOM LOCKSET, WITH CONVENTIONAL 6-PIN INTERCHANGEABLE CORE (8000). PROVIDE BRONZE CURVED LIP BOX. HARDWARE SET HW-7 STANDARD FOR HARDWARE IS "DOR-O-MATIC" BI-PARTING AUTOMATIC DOOR STOCK PACKAGE. 10" HIGH BOTTOM RAILS MOTION DETECTORS, SAFETY BEAMS, THREE POSITION ROCKER SWITCH (HOLD OPEN -OFF - AUTO). HARDWARE SET HW-8 HAGER PUSH PLATE, 4x161 SQUARE CORNER -BEVELED, A30S GA, ALUMINUM, US26D HAGER PULL PLATE, A33E, 4x16, SQUARE CORNERS, ALUMINUM, US26D 3 HAGER BB1279 4.5x4.5 US26D, 5 KNUCKLE FULL MORTISE HINGES, NRP 2-HAGER KICK PLATES, SQUARE CORNERS, A30S GA, ALUMINUM, US26D, 12"x32" tem #6 At no cost to the contractor, the City of Huntington Beach shall provide 5 copies of contract documents and one reproduceable copy for his use during construction. The contractor shall be responsible for paying for and obtaining all others. Item #7 The City of Huntington Beach shall provide a lay -down area in the parking lot adjacent to the Civic Center. The area will be 100'x50' in size. The contractor shall be responsible for all site fencing, Huntington Beach Civic [enter Renovation Project Addendum #1 February 19, 2002 Page 6 of 7 security, etc. as well as returning the site back to the City after completion of the project in equal to or better than condition than when taken by the contractor. All bidders shall acknowledge the receipt of this addendum with their bid proposal. Bidder Acknowledgement: Company Name Signature Date �L Eric Charlonne Contract Administrator City of Huntington Beach Huntington Beach Civic Center Renovation project Addendum #1 February 19, 2002 Page 7 of 7 - Huntington Beach Civic Center First Floor and Basement Renovation Project Pre -Bid Job Walk Questions February 13, 2002 9:00 a.m. During the bid phase of this project questions are to be in writing. BHI is the priority contact. All carpeting is OFCI (owner furnished contractor installed) carpeting will be as specified in specifications. Prevailing wage will be in effect. There will be a reference check. Bid bond will be required for the base bid only. Night and weekend work will be required in some areas. (Especially in Area 3) Asbestos Abatement: Fireproofing on First Floor Mastic in the basement areas Specifications and Plans: One (1) set available from City of Huntington Beach Additional sets available from Huntington Beach Blue Print (714) 536-2593 As Built Availability: City will have as builts available for viewing this afternoon (February 13, 2002) Modular Furniture Layouts will determine the placement of the conduits and wiring for phones, office equipment, etc. The locations will be noted on drawings. The lobby work area "barrier" needs to be a sound barrier and clean room for asbestos abatement. Work areas will be clear of City employees and their work areas except in the Treasurer's office. Environmental Contact Consultant. EMG of L.a'rden Grove Some of the additive alternates are in areas that are planned for City Occupancy. Fire System Stub outs for fire sprinkler in the stairwells. Some work with the pump. Fire water service is on Yorktown. There is an old underground pump by the new print shop. The pump is in the additive alternates. Currently no fire alarm in existing portions of the building. If there are existing portions of the fire system that meet today's standards — leave as is. Does existing fire system need to stay active during construction? The project team expects many questions regarding the additive alternates since many were added late. HVAC system work around existing duct work with Fire suppression system. Site Available for subs. Contact: 1. Eric Charlonne (714) 536-5430 2. Mark Boone (714) 536-5534 3. Ward Kinsman (714) 536-5573 (Fire Detection Specialist) Technical questions to Gary Yeo at Berryman & Henigar, logistical questions to Eric Charlonne. Parking and Staging area: East Parking Lot a possibility. City will try to make arrangements with owner of vacant lot across street. Will be addressed in an addendum. Schedule: Notify in writing to Gary Yeo if the schedule needs to be changed before the bid date. Hollow Metal Doors: will be covered in the addendum. Strapping at Wall/Ceiling Connections: pay close attention to the detail for this.connection. This connection associated with the partition walls. 02/19/2e02 09:48 71483659t;6 B&H PAGE 01 0 M I FR. ev FAX COMER PAGE Total number ofpages, including this cover is 11 Pages If you do not receive all pages, please call (714) 568-7300 immediately. To: Eric Charlonne Date: 2119/ 2002 Company: City of Huntington Beach Fax No.: 7141374-1573 CC: Project No.: From. Judi Fagan Phone No.: 714/568-7300 0 Urgent ® For Revlew1:1 Please Comment 11 Please Reply Per Your Request • Comments: Eric Here is the list from the iob walk fast week. Please let Me 10ow-if there is anything else that can provide for you. ,Judi Fagan Constru ion Management 2001 East Fist Stmet • Santa Arts. Canfomia 92705 • (714) 5e3-7300 • FAX (714) B36,5908 • www�¢�h� r,,� An Equal Opportunity Employer 02/19/2002 e9:48 7148365906 B3H PAGE 02 City of Huntington Beach Civic Center Renovation Project Attendance Sign -in Sheet Pre -Bid Job Walk February 13, 2002 Mr. Fershid Vakili Persis Co. 14709% Oxnard Street Van Nuys CA 91411 (818) 901-7171 FAX: (818) 901-7172 Email Sub Mr. Ramin Laafarian Sunpeak Co. 3151 Airway Ave, Suite E-2 Costa Mesa CA 92626 (714) 557-7771 FAX: (714) 557-9484 Gen Mr. Jason Willey Amelco Construction 19028 South Vermont Ave. Gardena CA 90248 (310) 327-3070 (310) 527-7284 email Gen Mr. Mark Gerhard Gerhard Electric 22961 La Cadena Drive Laguna Hills CA 92653 (949) 951-0490 (949) 454-9765 patdana- Witc.accoxMBII,tQ Sub Page 1 of 10 02/19/2002 e9:48 7148365906 gZH PACE 03 City of Huntington Beach Civic Center Renovation Project Attendance Sign -in Sheet Pre -Bid Sob Walk February 13, 2002 Mr. Steve Haglund R. S. Haglund Co. 2265 South Ritchey St. Santa Ana CA 92705 (714) 241-1741 (714) 241-1742 Email Sub Mr. Paul G. Marshall PW Construction Inc. 1905 East Route 66, Suite 200 Glendora CA 91741 (626) 857-1955 (626) 857-1946 Fwcorsru Q ,cr`_v_eFizM.rec Gen Mr. Scott Snyder Tri Span, Inc. 591 Explorer Street Brea CA 92821 (714) 257-9680 (714) 257-9681 email Sub Mr. Anthony Bacich Universal Construction 725 Battery, Suite D San Pedro CA 90131 (310) 831-9452 (310) 832-4571 email Gen Mr. Alan Zimmer Zimmer Co. 5061 `B' Wamer Huntington Beach CA 92649 (714) 377-0955 FAX 7Jx=ca1@AOL com_Lcom Sub -- HVAC Page 2 of 10 I"I l V 4T701 ►37:4C! 114ddbbtlft B&H PAGE 04 City of Huntington Beach Civic Center Renovation Project Attendance Sign -in Sheet Pre -Bid Job Walk February 13, 2002 I'Ar. Liam P. Haselhorst Cosco Fire 321 E. Gardena Blvd. Gardena CA 90247 (323) 321-5155 Cell: (213) 494-6917 FAX (310) 323-0761 Lhan coico&!,wm Sub — Fire Sprinkler Mr. Mike Haase Cosco Fire 501 West Southern Orange CA 92865 (714) 974-8770 (714) 974-3451 Sub Mr. Steve LaBella Southwest Industries 10838 Bell Ct. Rancho Cucamonga CA 91730 (909) 483-1214 (909) 483-1213 At eve rsotlthweaftdys '^, Sub Mr. Chris Peterson Avalon Electric 12540 Slauson Ave, #E Santa Fe Springs CA 90670 (562) 789-8442 (562) 789-9762 Sub Mr. Gary Kimble Kimble R Co. 17641 Sampson Lane Huntington Beach CA 92647 (714)841-7053 (714) B41-7653 kim�11A&OLcom Sub -- Fire Protection Page 3 of 10 02/19/2002 e9:48 7148365906 BIH PA= 05 City of Huntington Beach Civic Center Renovation Project Attendance Sign -in Sheet Pre -Bid Job Walk February 13, 2002 Mr. David Adams Envirocon 11022 Winners Circle, "B" Los Alamitos CA 90720 (562) 799-7015 FAX: (562) 594-6290 v r`e v' ca c.c T Sub — Asbestos Mr. Mark Purdy Control Spray Service 26685 Madison Avenue Munieta CA 92562 (909) 600-7260 (909) 600-8160 c�ani:tr.•tt&CO Sub Mr. M. I. Brahim HMI Construction 2001 % N. Verdugo Road Glendale CA 91208 (818) 241-0802 (818) 241-0803 Gen Mr. Terry Fulford O'Bryant Electric 8730 Shirley Avenue North Ridge CA 91324 (818) 407-1986 (818) 407-0983 M:MIg&tM=teIeC-COM Sub — Electric Mr. Ryan Bankhead PDG Environmental 1801-C Via Burton St. Fullerton CA 92831 (714) 780-0000 FAX: 780-0291 wnvw-Mbankheadrq,Ihoqr_siLOM Sub —Asbesto Pale 4 of 10 I e2/19/2002 e9:48 7148365SOS $&H PAGE 06 City of Huntington Beach Civic Center Renovation Project Attendance Sign -in Sheet Pre -Bid Job Walk February 13, 2002 Mr. Aiman Berouti A. B. Construction Co. 2838 Villa Alta Place Hacienda Heights CA 91743 (626) 330-1103 (626) 330-5654 email Gen Mr. Young Kang Angeles Contractor 12692 Hoover Street Garden Grove CA 91745 (714) 899-1826 (714) 899-1806 email Mr. Douglas Babcock DRS Corp. 8240 Pershing Drive Playa Del Rey CA 90291 (310) 306-0032 (310) 577-7762 Sub -- C-15 Mr. Bruce Jamieson Key Environmental P. O. Box 3551 Palos Verdes CA 90274 (310) 544-3127 (310) 544-3418 t;y,^:�esm,_&rodL-y net Sub Mr. Jerry Healy Friess Company Buildings 31658 Rancho Viejo Road, Suite B San Jaun Capistrano CA 92675 (949) 487-9700 FAX: (949) 248-8433 emra cons Gen Page S or10 82/19/2802 89:48 7148365906 BFH PAGE 07 1 City of Huntington Beach Civic Center Renovation Project Attendance Sign -in Sheet Pre -Bid Job Walk February 13, 2002 Mr. Fred'Hubbell CST Environmental Demolition 404 North Berry Street Brea CA ZIP (714) 672-3500 FAX: (714) 672-3501 Email Sub Mr. Sam Reed Construct One Corp. 2832 Walnut Ave., Suite C Tustin CA 92780 (714) 259-5400 FAX: (714) 259-5406 Email Gen Mr. Mike Thomas Environmental Klean-up P. O. Box 285 Mira Loma CA 91752 (909) 685-5314 FAX: (909) 681-5559 email Gen Ms. Shannon Mazur 2H Construction 4101 Long Beach Blvd. Long Beach CA 90807 (562) 424-5567 FAX: (562) 424-5578 Try 22Hconstrlction.ecrn Gen Mr. Wayne Sameshimn Cal Partition 23814 President Avenue Harbor City CA 90710 (310) 539-1911 (310) 539-5816 !l0 . n. Sub Page 6 of 10 02/19/2002 09:48 71483659e6 B&HPAGE 86 City of Huntington Beach Civic Center Renovation Project Attendance Sign -in Sheet Pre -Bid Job Walk February 13, 2002 Mr. John Mau ' io Spencer & R -olds 1015 Shar Circle Ranch Cu amonga CA 91730 (909) 46 070 (909)46 8� �n1 Sub — Millwork Mr. Sam Ousman GAM Construction 2701 E. Chapman Avenue, 201 B Fullerton CA 92804 (714) 449-1231 (714) 449-1232 email Gen Mr. Michael Glasow Link -Nilsen 130 East Santa Clara Street Arcadia CA 91006 (626) 445-3414 FAX: (626) 445-3441 Email Sub Mr. Mike Last Name S & R Construction 12792 Valley View, Suite 2A Garden Grove CA 92845 (714) 891-9633 (714) 891-9823 email Gen Mr. Justin Livingston Spectrum Abatement 784 North Lemon Street Orange CA 92867 (714) 771-6355 (714) 771-6404 email Sub Page 7 of 10 02/19/2002 09:48 7148365M B&H PAGE 09 City of Huntington Beach Civic Center Renovation Project Attendance Sign -in Sheet Pre -Bid Job Walk February 13, 2002 Mr. Danny Fabdcio Wood Cliff Corporation 13701 Riverside Drive, Suite 612 Sherman Oaks CA 91423 (818) 784-8488 FAX: (818) 784-0361 Email Gen Mr. Brett Jentzsch RMS Group 5772 Bolsa Avenue, Suite 110 Huntington Beach CA 92649 (714) 373-4882 (714) 3734772 email Gen Mr. Steve Turi Turi Installation 30321 Esperaronza Rancho Santa Margarita CA 92688 (949) 888-3667 (949) 888-2200 Sub Mr. Agustin Tello Matrix Industries 12305% Woodruff Avenue Downey CA 90242 (562) 803-1230 FAX: (562) 803-6361 Email Scab — Abatement Mr. Gregg Miller Miller P. 0. Box 15144 Newport Beach CA 92659 (949) 722-2960 FAX: (310) 823-0548 Greggpmillerenvironmental.com Gen or Sub — Both but isn't sure of this project page 8 of 10 02/19/2002 89:48 7148365926 B&H PAGE le City'of Huntington Beach Civic Center Renovation Project Attendance Sign -in Sheet Pre -Bid Job Walk February 13, 2002 Mr. Carlos Reyes Specialized Environmental 2130 Dupont Drive Anaheem CA 92806 (714) 938-1088 FAX: (714) 938-1195 Ca�Rsvecjj?izeaenv.com Sub Mr. Eli Schechter Shapiro 7015 VaUean Ave Van Nuys CA 91406 (818) 908-1900 FAX (818) 908-9428 Email Sub Mr. ,lose Alonso Karcher Environmental 2300 E. Orangewood Avenue Anaheim CA 92806 (714) 385-1490 (714) 385-1878 Zoset- archeremeom Sub — Asbestos Mr. Conrad Hopp Sanders Construction Services 20331 Lake Forest Drive, #C2 Lake Forest CA 92630 (949) 951-6944 (949) 951-6936 email Gen Mr. Jim Blankenship Richard M. Lane 419 West Maple Avenue Monrovia CA 91016 (626) 305-1252 (626) 305-1256 j}rr��:tnias:e Cori - Gen Page 9 of 10 02119i2ae2 09 49 7148365906 E&H PAGE 11 City of Huntington Beach Civic Center Renovation Project Attendance Sign -in Sheet Pre -Bid Sob Walk February 13,, 2002 Mr. Kelly 6enzford Wcodworking by Degree 7419 Greenbush Avenue North Hollywood CA 91605 (818) 765-2318 (818) 765-2313 wocdworkingbydegree.nae.net Sub PAr. Jason Rountree Rountree Glass 622 West Colorado Street Glendale CA 91204 (818) 246-1785 FAX: (818) 246-3502 Sub Mr. Khaled Manna Dinalli Construction 5180 East Hunter Avenue Anaheim Hills CA 92807 (714) 695-9991 FAX: (714) 695-1711 Email Gen Mr. Gary Schumacher Pacific Coast Painting 1039 North Custer Santa Ana CA 92701 (714) 542-4727 FAX: (714) 835-3082 Sub Page 10 of 10 PROOF OF PUBLICATION STATE OF CALIFORNIA) .. 5S. County of Orange ) i am a Citizen of the United States and one and In a resident of the County aforesaid; t am NOTICE INWING SEALED BIDS 5peafce con-. tract documents are from the Office any consideration leading to the award of 0or,trail- I r over the age of eighteen years and not a for the CIVIC CENTER -available of Berryman 3 r, Inc., 2001 East Main con - N� bid shalt to Con- sidared unless n is / par o or interests in the below RENOVATION CASH CONTRACT $treet, Santa Ana. CA 02705. UPW payment of Prepared on the ap- Pf6i1� Proposal forms entitled matter, i am a principal clerk of P P No. »� of a $2_.00 nonrefurWaby (asme r °' y �nfonmace "" kWrLCt*M b Sin. The bid must be ac- the HUNTINGTON BEACH INDEPENDENT HUNTINGTONcar Hnonrefu eeAc" I dable fee�0iif COrti�^'� by a certrfred check, a newspaper of general circulation printed PUBLIC NOTICE IS HEREBY GIVEN that mailed. Arty contrail Pus nil Into xsuant ro Gus rw ' P cashrer6 check. or bidders bond made VyatHe AGENCY an published in the City of Huntington the CITY OF HtJNT- fNGTO1J BEACH, as flee *A incorporate the rOvlgons of the State r ran amourt no less than 10 4 amount Oki Beach, ' County of Orange State AGENCY, invites sealed bids for the above slated Code. Pursuant to pr�+"sior's of TO ,��� bidder shag be icerx;ed in of Ca ifornia, and that attached Notice is a prgecte and will re,cerve shier+ bids in Clerk. Seca of me City Clerk, Second to bor Cade d the State of CaGfornra, the minimum accordance with �pro+isiona of the Bdai Ptofossrons true and complete copy as was printed Floor, ton Main Sweet- Huntington 13eap Cali- prevailing rate of per diem wages for each craft, mess and Catla and snag possess Miele Conlracl0ra and published in the Huntington Beach P forma f 2:4 up ro the hour of 2:0o P,M. on workclassman needed d to a ethen8°d� to execute the contract License Class at the brne of to bed opening. and Fountain Valley issues of said February 19. 2002. Bids OQe" `" shalt be those de le�ined by the Director ,� Successful ConVa� for and I+rs s newspaper to wit the issue(s) the Coprbnay the Cuncil Chambers unless otherwise of Industrial Relations of the State of California, tractors will be required red to business of: posted. The scope of work In- which are on file at the Othee of the Director °t enpossess licses from the AGENCY_ C'udes the over 10.000 lest of renova- Public Works. 2000 Huntington The AGENCY re-' �e3 the � to reject January 31► 2002airy won c} the Huntington Beach Ciro Center - 1st Beach,Street,A92 or a1 bias, to warve'ngton February 7, 2002 Faor and basernam and irdudes four phases d Tfre ACEA'CY will de duct a 70"a retention any lrregulamy and to take all bids under for construction. Each Itom all progress pay- ments. The Contractor a maximum maximum period. of 80 February 14, 2002 tiese sha't Include Wne the owner ocagants may substitute an ' 6Y 5. d the CITY �ta "we out of areas to be Fenovaled and into escrow kidder surety of dual value 10 the Felon' ' COUNCIL of the CITY of HUNTINGTON ewi Completed areas. y Cort+p bon In accordance with the provisions d trx Cal• 6$ACH CALIFORNIA.. 1 declare under penalt•� of perjury, that tams of work include sbestos abatement; idemwmn of exis-ing Tirr (lode. Government Code. Beerier 4S9o- the 22nd day of ,lama 2002 January.. ' the foregoing is true and correct. 'W+es, wal:s. suspended The Contractor shall beCOnnig benefivlal owner of the Atlesl: . ----- Broekrra "I ppeell,mg., reatroorrs, me iChanrcof duct work, suret� �d arise ^ CITY CLERK THE CIFY OF HUNTMGTpN plumbi-V and erdclrital. 87 interest thereon. AGENCY hereby BEACH Ihew instal,a!ron work in- Ctudes hamin • drywall, affirmatively ensures that minority business Pjblrshed Huntington r'ch kwkiw4ard Jan - sty Executed on February 14 2002 ;doors, framesandhard :ware, new res-rooms. enterprises win be of- 31, February 7,14. ry 7, =ly at Costa Mesa, California. �cI or°cow to 1«d� wA �°respo e submr; bids n response _ sHwwrs,'nfi er". painting. kitchen, to ttvs notl�s and ltnll not and roat=rrio The Corr be diswrninated against • gruction program shall indude the Wommation on the basis of race, color, national omgin, #ances'ry. sex. orJelvZon wth tie City and mod- War kmiture Consultant. ignature P0. � mp�r, W 0_ 0s _ °Z �rua�rl1;Gro,� OF BEACH. � 1001 JAi'r r a SECTION A aAS11 NOTICE INVITING SEALED BIDS for the CIVIC CENTER RENOVATION CASH CONTRACT No.1184 In the CITY OF HUNTINGTON BEACH Y3 f/aZ a/-7/0 Z c;2J f �/O 1, -f j dI'*'*Z d 2-1"72- h tTD l ]N Ntw Ift 03. 0�—az. PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, Invites sealed 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 February 19, 2002. Bids will be publicly open in the Council Chambers unless otherwise posted. The scope of work Includes the over 10,000 square feet of renovation of the Huntington Beach Civic Center -- I't Floor and basement and includes four phases of construction. Each phase shall include time for the owner occupants to move out of areas to be renovated and into newly completed areas. Items of work include asbestos abatement; demolition of existing finishes, walls, suspended ceilings, restrooms, mechanical duct work, plumbing, and electrical. New Installation work Includes framing, drywall, doors, frames and hardware, new restrooms, new HVAC and electrical systems, floor coverings, painting, kitchen, and restrooms. The construction program shall include the coordination with the City and modular furniture consultant. < Up Copies of the Plans. Specifications, and contract documents are available from the Office of Berryman & Henigar, Inc., 2001 East Main Street, Santa Ana, CA 92705, upon payment of a 43UWrionrefundable fee if picked up, or payment of a JftM nonrefundable fee if mailed. C3:7 Any contract entered Into pursuant to this notice will Incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention In accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any Interest thereon. A-4 The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. 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 22nd day of January, 2002 Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-5 an,, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 8 92002 To: EMS Constructions 2467 West Mall Avenue Anaheim, CA 92804 Enclosed please find your original bid bond issued by Gulf Insurance Company Connie Brockway, CMC City Clerk Enclosure for Civic Center Renovation CC-1184 g:/followup/cashcon/retumbidbond.doc (Telephone: 714-536-5227 ) t CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK ' CONNIE BROCKWAY CRY CLERK April 8 ,2002 To: PW Construction, Inc. 1905 E. Route 66, Suite 200 Glendora CA 91740 Enclosed please find your original bid bond issued by XL Specialty Insurance Company for Civic Center Renovation CC-1184 Connie Brockway, CMC City Clerk Enclosure VAollomplcashconketumNdband doc (Telephone' 714-536,52271 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONME BROCKWAY CliY CLERK April 8 ,2002 TO: Sunpeak Construction 3151 Airway Avenue, Suite E-2 Costa Mesa, CA 92626 Enclosed please find your original bid bond issued by American Motorists Insurance Company for Civic Center Renovations CC-1184 Connie Brockway, CMC City Clerk Enclosure QxonovwNcashcoMetvn,bubo-d.doc ITale phony: 714-536.5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92M OFFICE OF THE CITY CLERK C04NIE BROCKWAY CITY CLERK April 8 ,2QQ2 To: 2H Construction 4101 Long Beach Blvd. Long Beach, CA 90807-2618 Enclosed please find your original bid bond Issued by _ united States Fidelity and Guaranty Company for Civic Center Renovation CC-1184 Connie Brockway, CMC City Clerk Enclosure pJfonowup'cashconhetumbicbond doc (Telephone: 71463 6-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET April 8 ,2002 To: G.A.M. Construction CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK 2701 E. Chapman Ave., Suite 201 B Fullerton, CA 92831 Enclosed please find your original bid bond issued by First National Insurance Company of America for Connie Brockway, CIVIC City Clerk Enclosure Civic Center Renovation CC-1184 g:/followup/cashcon/retumbidbond.doc (Telephone: 714-536-5227 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK April 8 2002 To: S 5 R Construction Co. 12792 Vallej View, Suite 217 Garden Grove, CA 92845 Enclosed please find your original bid bond issued by Fidelity and Deposit Company of Maryland for Civic Center Renovation CC-1184 Connie Brockway, CIVIC City Clerk Enclosure Q•Hok wuprtashcordrehimbkR=d.dot 17ol a phone: 714-5 3"2Z7 ) 0, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 8 ,2002 To: Friess Company Builders, Inc, 31658 Rancho Viejo Rd, Suite B San Juan Capistrano, CA 92675 Enclosed please find your original bid bond issued by Company for Connie Brockway, CMC City Clerk Enclosure American Motorists Insurance Civic Center Renovation CC-1184 g--MonowuplcashoWrelumbidbond.doe f Wa phone: 7 Wj363227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK ' CONNIE BROCKWAY CRY CLERK April 8 ,2002 TO: Sanders Construction Services 20331 Lake Forest Drive, $C2 Lake Forest, CA 92630 Enclosed please find your original bid bond issued by _ Washington International Insurance Company for Civic Center Renovation CC-1184 Connie Brockway, WC City Clerk Enclosure q-.1Vlowup/pshoWmhamb;dtond-d0G (Telephone: 714-536.5227 )