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HomeMy WebLinkAboutDTEC CONSTRUCTION, INC. - 1995-09-18TO: FROM: 40 W CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION THOSE LISTED HEREON ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT CC ci c�7 C_ . DATE: ZcjFc-Q� -T7 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 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. VI LELLA, Director of Finance certify that i stop notices are on file on the jgct�t this time, Date: i, LES J NE blic orks Director L certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date:��3�9� Connie Brockway CONNIE BROCKWAY, City Clerk `''- certify that there are no outstanding invoices on file. Dater ,J SH I FRIEDENRICH, City Treasurer C= 0011042.01 07118/96 10:46 AM DECLARATION OF SAT FA TI V OF CLAMS 1, NORBERTO T. PAMATMAT , state: 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: CITY GYM AND POOL RENOVATION; CC-902 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statues of the State of California: (if none, state "NONE") Pdne LKc tep[ �,f", 4 ,,, 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed at HAWTHORNE, CALIFORNIA on this 05TH day of AUGUST 19 96 . (Sigrtatu of Contractor) • CITY OF HUNTOiGTON BEACH Department of Public Works P.O. Box 190 Huntington Beach, CA 92648 Subject Gentlemen: CERTCFICATION OF COMPLLA.\CE RTTH TITLE VII OF THE CnrrL RIGHTS ACT AND EQUAL EAfPLO'VNTEN-r OPPORTUNITY ACT OF 1972 The undersigned, contractor on: -902 Project No. CITY GYM AND POOL RENOVATIONS Project Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title: l l ' _ / —y NORBERTO T. ' PA,btATMAT — SECTY./TREASURER • Recorded to Wounty of Orange, California fGafry L. Granville, Il Clerk/Recorder WHEN RECORDED MAIL TO. ICI [,�dnj111111111111111 j u11111 1I IIhj�I1l jj1111 No Fee CITY OF HUNTINGTON BEACH 19960506022 2: 51pm 10/03/96 Office of the City Clerk 005 18001868 18 49 P.O_BoxI90 N12 1 7.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to DTEC Construction, Inc., who was the company thereon for doing the following work to -wit: City Gym & Pool (Phase 1); CC-902 That said work was completed September 16, 1996 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, September 16, 1996. That upon said contract Reliance Insurance Company was surety for the bond given by the said company as required by law - This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 24th day of September, 1996., City Clerk and ex-ofEcio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss- City of Huntington Beach ) 1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-ofiicio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council_ Dated at Huntington Beach, California, this 24th day of September, 1996.. >s Cite• Clerk and ex-ofi oo erk of the City Council of the City of Huntington Beach, California B.Xf01I0%k-Ur UCtl1g$ _ A dab � C7`) Glfollo-wuplccnoc LPL` WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92638 Recorded in the Cou ty of Orange. California Gary L. Granville. Clerk/Recorder 1111111.11ld I!Ij l .1! 11ill 111111111111.11111111111.1tj i111 !II! No Fee 19960506022 2 : 51 pm 10/03/96 005 18001868 18 49 N12 1 7.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE 1S HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California•to-PT£C Construction, Inc., who was the company thereon for d6ing the following work to - wit - City Gym & Pool (Phase 1); CC-902 That said work was completed September 16, 1"6 by said company according to plans and Q specifications and to the satisfaction of the City Engincer of the City of Huntington Beach and that said [ 11 work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held �tv on Monday, September 16, 1996. Y(( 1J r That upon said contract Reliance Insurance Company was surety for the bond given by the said company as required by law_ This document is soleh• for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge_ Dated at Huntington Beach, California, this 24th day of September, 1996._ In City Clerk and ex-offtcio Clerk of the Citv Council of the Cit of Huntington Beach, Califemia STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-offtcio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMTLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council_ - Dated at Huntington Beach, California, this 24th day of September, 1996.. City Clerk and ex-officio erk of the City Council of i:he City of Huntington Beach, California g=1fo11owup'nscp1&% " G/fol lowvp/ccnoc CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 25, 1996 Lce A. Branch County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir, CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Enclosed also -is a copy of the Notice of Corpletion. Please return the conformed copy, document number, recording date, book and page number_ Sincerely yours, Connie Brockway City Clerk CB/jc Enclosure= DTEC Construction Inc_ DTECgy mNOC-jg 1 Telephone: 714.536-5227) MAINTENANCE BOND . * &orid B252 31 35 DUPLICATE ORIGINAL* No. R�L,IANCE IN$VRANGE COMPANY HEAD OFFICE. PHILADEEPHIA. PENNSYLVANIA KNOW ALL MEN BY THESE PRESENTS, that we DTEC CONSTRUCTION, INC. as Principal, and RELiANCF INSURANCE COMPANY, a Pennsylvania corporation, as Surety, are held and firmiy bound unto CITY OF HUNPINGTON BEACH as Obligee, in the full and just sum of 4 FOUR HUNDRED FORTY FOUR THOUSAND EIGHT HUNDRED FIFTY FOUR AND NO/ 100 DOLLARS ------- Dollars (S $444,854.00---.------ ). for the payment of which slam, well and truly to be made, we bind ourselves, our heirs, executors, administrators, succemrs and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with CITY OF HUNTINGTON BEACH dated NOVEMBER 7, 1995 for "RENOVATION OF CITY GYMNASIUM AND POOL BUILDING (CC-902)" 1 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of I (ONE) years) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed. and was approved on NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within year(s) from the date of approval of the said contract, the work done under the terms of said contract spat: disclose poor workmanship in the execution of said work, and the carrying out of the terms of said r-:ontract, or it shall appear that ---•'_,Aive rn:::erials were furnished thereunder, then this obligation shall rer ain in full force and virtue- erne,.vjse this instrument shall oe voi.j. PROVIDED HOWEVER. this Maintenance Bond is only furnished in accordance with the maintenance provision of the urderlying contract - Signed and sealed this Witness: 17TH day of JULY 19 95 DTEC CONS ION, INC. ,r DARI BAROUKH - PRRESIDENT .7 /I � ��/ � � Pr.K•pi Ri` AN ///n V: MICAkEL A. Y BOR•2308 ED. 12182 STATE OF CALI FO RN I.A COIJi\F' Y OF ORANGE On JULY 17, 1996 PERSONALLY APPEARED SS_ , before me, ` M. TREDINNICK, NOTARY PUBLIC personally known to me (or proved to rr.e on the basis of satisiactory evidence) to be the person(s) whose name(s) is/are subscribed to the within inutrument and acknowl- edged to me that he/site/they executed the same in his/ her/their authorized capacity(ies), and 'hat by his/her/ their signature(s) on the instrument the person(s), or the entity upon bea.alf of which the pemon(s) acted, executed the instrument. Wri-NESS my hand and official seal. J Signature �� f V �� i ' — - OPTIONAL MICHAEL A. QUIGLEY �! FA- TipEJ Glr1t.GE C:!JP. Wr C.Tm. U;frtf t'jr. This area for Officraf Notarini Seal Though the data below is not required by taw, 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 TTTLEtS1 C PARTNER(S) ❑ LIMITED ❑ GENERA!_ ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PEASON!S) OR ENTiTYVES1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED A80VE IL)'"' lz- ..:"I ALE" -PUN. O.'Jt; ACKNOWI EDGENIENT 11 RELIANCE SURETY CO,�IPANY RELIANCE- INSURANCE CO,JNIPA`1 UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duty organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporatran duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies'( and that the Companies by virtue of signature and seals do hereby make Constitute and appoint Michael A. Quigley. of Mission Viejo, California their true and lawful Attorney(s)-in-Fact, to make. execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Carnpanies thereby as fully and to the same extent as it such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact mac do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY. RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows - ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS ]- The Board of D:reclors. the President. :he Chairman of the BOad. any Sena V.ce Pres.Oent. any Vice President o' ASSislan( V•Ce Pre%._gnt or Ctnur officer dos,gra'rd :�v the B3a'3 C- D�lec:*rt shall havx power ano awnowy to rat appoint Attprneyls).rn Fact and to aulnoe It them to exea.:e on oehal: or :ne Company. borws ano undertax:ngs. fecogrrzances, contr,cs c! •rl^em^rz a" Other writings obligatory rn the nail:•@ thereof. and WI to remove any such Altorneytsl— Fact at any time and revoke the power and auther.ty green to :hem. j A.torrleyl Sl_rn-FaCt Shall nave cower ano authoi�ly. wL-ec[ ta cite'V" % and!. —.:a: or-ii. O' I" P_wrr nt Afforne. -slued to them. :o execute deliver on behalf of the Company. po-135 and unoerlak,ngs. rec Dgr "antes. Contracts of •ndamnit,e .9d other wrrpngs cbligarory in the ryture thereat Ths corporate sral -s not reeessary for the valfddy of any bends and unoer:3k•-y5 1e000r%Z8nCes. COAIrac:s of urdernnly and other wn[rngs Obhgotory ;n IND nature Ihereor- 3. Atrorrseyral —FaCt Shore have power and authority to eke Cole alliWvcs required to be arsacred to bonds. reCOgr"a%es. Contracts of indemnrly of other conorbonel Of o@hga:Cr• undertakings and They snail a,sd nave power and au,tpfity to fortify the l,lrlrlCrar sfa.-am Mt :f Ina Company and to Copies Of rho By O% the Company or any alicle of section Inerfot. This Power of Attorney is s,gnld and era"oy fsC4—le under end by authority of Me following resolution adopted by the Execurrve and Finance Committees of [he Boards of D.rectors CI ACI-3rCe rMu•ance Company. United Pacific Insura: c* Company and Reliance Natonel Indemnity Company by Unanimous Consent dated as of February 28. 1994 and by the Ex4c,-live aid F-na-:N comm.:tto of the Board of C"ecicrs of Rehanrs Surely Company by Unarmous Consent Baled as of mwcn 31, 1994- -Resolved that the signatures cf such directors and officers and the $eal of the ComSang may 0e aff..ed to any such Power of Attornty Or any cerbli[ares reisrrrlg there!* Dy tamiMile.and any Such Power of Atterneq or Ce:brlCate bearing Such !SCS"r'e srgnatares Or 1&cairnrle Leal Shall be valid and b:nd:ng uyon the Company and any such PCwer so executed and cenlhed by !acs:m-rle signatures and facsimile seal shad be valid and brnd.ng r7Cn the Company. in the tu:ve wdh respect 10 any bond of undwia+mg to which d .s of I ached-" IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this October 30. 1sss. RELIANCE SURETY COMPANY RELIANCE INSURANCE CONIPA'�I' UNITED PACIFIC INSURANCE CO.MPANl • ' '• •ae'�i� w ; .a►wr� RELIANCE NATIONAL INDEMNITY CONIPa.\) tl L P C IF{ STATE OF Washington } COUNTY OF King } ss. On this. October 30, 1995. before me, Janet Blankrey, personally appeared Lawrence W- Carlstrom, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrurnent for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. in witness whereof, I hereunto set my hand and official seal. O buy ROTARY >e4 PU& PC 12.�91 or No ry Public In and for the State of Washl gton 0%WASrc` Residing at Puyallup I, Robyn Layng. Assistant Secretary of RELIANCE SURFTY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP. ANY, and RELIANCE NATIONAL INDEMNITY COMPAN r do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is Still in full force and effect_ IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this 17TH day of JUL.Y i 9 96 7 strwi 1_ Assistant Secretary 9 C OF HUNTI MEETING DATE: September 16, 1996 Sfo 9� Noe CH DEPARTMENT ID NUMBER: PW 96-055 P� rn CouncihAgency Meeting Held: Deferred/Continued to: r,.. Approved Q Conditionally Approved ❑ Denied City Clerk's Sig ure F v Council Meeting Date: September 16, 1996 Department ID Number PW 96-05 - m CITY OF HUNTINGTON BEACH REQUEST COUNCIL FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA City Adminis or PREPARED BY: AftS M_ JONES II, Director, Public Works -21 RON HAGAN, Director, Community ServiceW— DAVID BIGGS, Director, Economic DevelopmentX ' SUBJECT: CITY GYM & POOL (Phase 1); CC-902, NOTICE OF COMPLETION Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, EnvironmeAWJStatus, Attachment(O Statement of Issue: DTEC Construction, Inc., has completed its contract for the construction of the Cit Pool Renovation (Phase 1). �1 Funding Source: Sufficient CDBG Funds in Account No. E-HO-ED-822-3-90-00, and California Wldlife, Coastal and Parkland Conservation Act Grant funds were authorized for this project. Recommended Action: 1. Accept the renovation improvements of the City Gym & Pool at a projected final cost of $469,116 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office; and 2. Authorize the transfer of $9,480 from the project supplemental expense account to Purchase Order Number 221279 to cover additional expenses for construction inspection and quality control services provided by Joyce Inspections. 0020574.01 -2- 08127/96 3:29 PM RESEST COUNCIL FOR ACTIOOO MEETING DATE: September 16, 1996 DEPARTMENT ID NUMBER: PW 96-056 Altemative Action(s): Deny acceptance of improvements and the fling of the Notice of Completion until all contract issues are resolved and complete - Analysis: On September 18, 1995, Council awarded a contract to DTEC Construction, Inc. in the amount of $435,966. The adopted contract budget also included $84,034 to cover anticipated change orders and $55,000 for Supplemental Expenses, for a total of $575,000 to construct the renovation improvements for Phase I of the City Gym & Pool_ Construction of the improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of the project costs: 1. Contract Amount- 2- Change Orders: Subtotal 3. Supplemental Expenses Total Council Approved $435, 966 84,034 $520,000 55,000 $575,000 Actual Expenditures $435, 966 33,150 $469,116 31,290 $500,406 Various change orders were issued to 1) repair deteriorated masonry and wood and remove lead paint 2) modify or repair various sewer, water piping and plumbing fixtures 3) modify fire sprinkler system to meet Fire Codes 4) provide additional doors and upgrades of wood trim. There is one outstanding change order from the contractor in the estimated amount of $4,000 for the cost of modifying four doors and their wood trim. The cost for this change order is included in the summary of project costs. The City is seeking $13,800 in liquidated damages from the contractor for failure to complete the project in the contract allowable time. This issue will be reviewed by the City Attorney's Office. These liquidated damages are not included in the summary of project costs. In Item 2 under Recommended Action, we are seeking an additional $9,480 in the Purchase Order for Joyce Inspections to cover cost overruns for construction inspections and quality control services_ These funds are available and have been accounted for in Supplemental Expenses. Joyce Inspections was originally hired under a Professional Services Contract to provide the aforementioned services. 0020574.01 -3- 08130196 1:55 PM RESEST COUNCIL FOR ACTIOV MEETING DATE: September 16, 1996 Environmental Status: Not Applicable Attachment(s): None City Clerk's Page Number LMJZB:RKERC DEPARTMENT ID NUMBER: PW 96-055 0020574.01 -4- 08/30/96 1:56 PM RERIEST FOR COUNCIL ACTIOP MEETING DATE: 9/18/95 DEPARTMENT ID NUMBER: 95-056 4 a x. S" A.& ., Council/Agency Meeting Held- I — %o ` 9? !r Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied -4 Otity Clerk's Signatufe Council Meeting Date: 9/18/95 Department ID Number: 95-056 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: RAY SILVER, Acting Director of Economic Dev en 44� ON HAGAN, Director of Community Service _VLES M. JONES II, Director of Public Work r SUBJECT: City Gym and Pool Renovation, Phase One, CC-90 thorization to Award Construction Contract Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment{s Pf Statement of Issue: On May 15, 1995, the City Council authorized a call for bids for the City Gym & Pool Renovation Project_ Funding Source: CDBG funds totalling $500,000 are available in account number E-HO-ED-822-3-90-00. The remainder of the funding is through the 1988 California Wildlife, Coastal and Parkland Conservation Act Grant Recommended Action: (1) Accept the low bid submitted by DTEC Construction, Inc.13637 S Hawthorne Blvd , Suite 200, Hawthorne : Calif_ 90250 and authorize the Mayor and City Clerk to execute the contract for the City Gym & Pool Renovation Project, CC-902, for a total bid amount of $435,966.00; and (2) Authorize the Public Works Department to expend a total of $575,000.00 to cover the contract amount of $435.966 00, estimated construction change orders of $84,034.00 and supplemental expenditures of $55,000 00. Alternative Actions : Reject all bids, do not proceed with the construction and jeopardize CDBG funding for future project phases_ 0014084.01 -2- 09/05/95 11:00 AM r REQOEST FOR COUNCIL ACTIO00 MEETING DATE: 9/18/95 DEPARTMENT ID NUMBER: 95-056 Analysis: On December 6, 1993, the City Council approved the award of a design contract to Harry T_ MacDonald & Associates, a k.a. Y'Deen & Associates, for the design of the subject project; and on May 15, 1995, the City Council authorized a call for bids. The project entails the complete interior and exterior renovation and historic restoration of the City Gym and Pool_ The magnitude and cost of the project dictated that the project be divided into four phases. This is the construction contract for the first phase of the renovation of the building_ The work includes adding Americans with Disabilities Act upgrades, both interior and exterior, to the building, adding a fire sprinkler system, repairing the roof and remodeling some of the rooms. Later phases will restore the pool, the gymnasium, the remainder of the interior of the building and a complete restoration of the exterior of the building. Part of the first phase design effort included the preparation of conceptual plans for the full improvements --these were presented to and approved by the Historic Resource Board, the Design Review Board and the Community Services Commission. Contract Amount $435,966.00 Project Change Orders' $84,034.00 Project Supplementals" $55,0.00.00 TOTAL $575,000.00 '-- Because of the nature of this project, change order costs may easily exceed the $50,000 limit set by Resolution Number 4896_ "'--Examples of supplementals include quality control and inspection, asbestos removal from the roof, and if encountered, lead paint removal from the building. The architect's estimate of the total construction cost of the base bid, including change orders, supplementals and quality control inspection is $579,000. Bids were received on September 1,1995, and are listed below with the bid amount: CONTRACTOR BASE BID 1. DTEC Construction, Inc. $435,966.00 2. Construct One Corp_ $475,000.00 3. Cavecche Engineering & Const Co. $527,563.00 4_ Varkel Construction, Inc_ $570,000.00 Environmental Status: The City Planning Department has reviewed this project and determined it to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301(c). 0014084.01 -3- 09/05/95 11:00 AM REJEST FOR COUNCIL ACTIOOO MEETING DATE: 9/18/95 DEPARTMENT ID NUMBER: 95-056 Attachment(s)• Project Location Map 0014084.01 -4- 09/05195 11:00 AM • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 HUNTINGTON BEACH CITY HISTORIAN Alicia M. Wentworth Retired City Clerk November 7, 1995 DTEC Construction, Inc. 13637 S. Hawthorne Blvd_, Suite 200 Hawthorne, CA 90250 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final arnount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5441. Sincerely, Connie Brockway, CIVIC City Clerk CB:cc Enclosure- Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance g:followuplcashcon Telephone: 714-536-5404 714-M2-9825 . 4r X have received Faithful Performance Bond and Payment Bond for Renovation of Gymnasium & Pool Building; CC-902 on behalf of the Treasurer's Office. Dated By:_ DTEC Construction, Inc. 13637 S. Hawthorne Blvd., Suite 200 Hawthorne, CA 90250 OCT - 04-1 995 10 : 39 310 9700699 P.02 BOND I B262 31 35 l PREMIUM: $6,278.00 MM All PEKMIS BY THESE P - TW EXECUTED IN SIX COUNTERPARTS WHEfiEAS, the City of Huttingtm Beata Orange Cuq, Cdifwia Ihaneina ter referred to as "ITANI R") waded UP EC CONSTRUCTION INChninft jejane j to as it "Prifpjul") ft wrtr i fa lie Mrk (PQjj1Qd as fdIw4 and "RENOVATION OF CITY GYMNASIUM AND POOL BUILDING (CC-902)" Y1M6M said Rfi dpd is ret0w utder the tattle of said cutuml to UNsh a bad for the faitftfd puturratoe of saki cm*wt; NOW, T?MOiTE, we ft utcl mgned Principal anal Sanely are held and fimiy bound to the OVt B in to sum of *SEE BELOW Ddhn ($. 1 (ths anwrt being not len s tiw one honied percent 1100%I of the toW bid price of the tantact waded by the 9MB to the Principal), lav W ff rtey of the UrrtW States of Antenna, for WYM of which sum wall and tnly to be rude, we bind arseives, our heirs, mocittars` a0ainistratas anal sxzessars,, jd* and severally, fimty by these presents. THE a01 TION OF THS DBUGATION IS SUCH THAT, if the hereby bnW Principal, its hors, emiAons, adrirrstretcm stccemorsk cr assign shall in Al things stand to and abide by anal well and Wy keep and perfnnrt all the undertaiangk tan cwartarts, coruduam and agreamtts in the said morsel and any alteration thermt made as therein provided indtrfrtg but rot liinted to the proW.sicm regardng contract dration ad kpdabad d vp. all within the time ar d in she manna therein daasigxned in all respects accadng to their t(te intent and rming then this obligation d d became nll and vrrA otttawm, n dd be and rernain in full face and effect. As a cardtion pnemdimt to the satisfactory mn idan of the Contract, the ahwe obligation shall hold good for a period of ante 11) year after the augltartce of the Vh-k by OWNER daring vAch brm if Principal shall fad to make fill, carrpleto and satisfactory raper and replazw4s and toWy p-otect Ue OYM fran lass or dantaye nt* evWe ut drirg the period of me (1) yea frmi the date of atxVurtce of the MK ad rwItirg from or ca sW by Mmtiva rreteriais or fatty worfotr ift ft above oWigeion in peal sun fin -eat shall rarer in fall torte at effect Hoever, nothing m this paragraph to the contrary notwithstanft tie Aptim of Surety bander snail continue so long as any obligation of Nncipel rem im Worm Pt mpai shaft bp, anal is Maned by the OWIEIf to be, in defalt uJBr the Contract, tfte OMER having perfwned the OW&EFfs obligations therarder, the Sirety shall prarpdy either ready the default, or shall lrorTvdr- Corroete the Cormact in e=dtrca vA its teas and cutdtiartr, or 2 M14n a bid or lids for mrr#Ee ng tie Contract in a=d w with its teas and ca dtia>S, aid won >f ouinabon by Sjvty of ttte lav st rew mhie Bdrkr, a.ranW for a contract Wtwmm such Bidder acid the OWNER and make malable as Work "gem (am tho# there should be a ddaAt of s<an of dr faits utdar the Camaet or farads of mat gra d urea this Para7oo srAcderrt fends to pay ft cost of carple-bon less the balance of the corttr'act price. but not exeeedng mdL drtg other costs and dareges for which Surety may be We hereunder, the alwtt set forth in the first exeartory Paragraph hereat. The term'Wwce of the contract pncC as used in tfis Paragr-aph dW rmm the total amacnt payable to Rurdpai by the OMM under thi3 Carmwt ace any mdfiawns *FOUR HUNDRED THIRTY FIVE THOUSAND NINE HUNDRED SIXTY SIX AND NO/100-($435,966.00) (Y f A 45-111 FAITHFUL P RNIANCE BIM •1 OCT-.04-1995 10:40 310 9700699 99: P.02 310 3ekW99 N•d 10: AO thee . less the arttant p'etita* uaperty paid by the 04' NS to L'te Prirtjpd. I &M eqreWy Fees that the GYM mly reject arty cwMar or shoonttactar 4sch aW be proposed by &rely in tdlftllrr= of its amptiom in tte event at defait by ft Pri opal. &rely stroll rot uWe Rinapal in eartpi dM the Contract rror Idl Suety atV a Eld from f inei d for aonpbam of tfte Want 4 the QW Wm &darirq de Rmpd in *WL mbftes &rely of the OVEffs abjection to Rinapd's whar partzdp rbm in ft trarrpledm of the Work No ri f t of acbm shall acw an this bard toor for them of ary par w ar wpm 0n gdff inert the OWW m ed herein or the st at assigns of the DII UR Any slit uda this bard meat be instituted before the expiration of two M bears from the date m Wuh fatal payment udar the Carmmi toffs tie or is made. RFffHK the said 9rety, far Aw received ha* sWates and awes that no dung% extartwn of lima, 4mm4m or rtudftaa o of the Contract Doarrents, ar of the want to be pafartted iftarar&, shelf n ary vtiey affect its Agatia>,s an this bwd and in Om hero wave mtim of any dwgr~ extereim of *m alteration or wifiarim of ft Cmtraci D rttaots or of work to be parfaeted tharar&. IN NAM VMGF, two (2) idamW mutterparts of this irtsir irmt each of vAch 9W for ag pupo m be deemed an triWW thaeof, tee been My aaeaM by the ftco and Slaty hates therein an ft 4TA day of OCTOBER 199�t a rgm and eaparate seal at each emoram perry barn& hereto aKxBd ant these pr89ents My skq by its is dy�g rep a tta ive P sat to aldloriity of its ga+wiM body. [Mh AND fyIFTARIAL DTEC CONSTRUCTION, INC. Aac9M OF DAR 4AROUKH - PRESIDENT 505 NOWT@ BRAND BLVD., 1770 GLENDALE, CA 91203 REL gra6.'o (Nkrq Address (i Suety) iWM an IGi.EY, O - ACT AP?t( AS 70 :;`f ny. D f L Oi; t'ttornuy (Y I A 45-11) FAME MM OW •2 ' cry P.03 QCT-04-1995 10'--40 310 9?00699 • STATE OF CALIFORNIA SS. cowry OH ORANGE On OCTOBER 4, 1995 , before me, M. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL A. qUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WnWESS my hand and official seal. - uclLQ Signature -J OPTIONAL M. TREDINNICK NOTARY PUBLIC - CALIFC.RvtA ORANGE COUNTY Yy COMM E:prres Mil'. 28. 1999 This area for Official Notarial Seat Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER nTLEts) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: mAmE OF PERSON(S) OR E W LTY11E S► DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWI.EDGEMFNT SANCE INSURANCE COMPANY • UINITED PACII•iC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA. PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duty organized under the laws of the State of Wisconsin (herein collectively called 'the Companies') and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Michael A. Quigley, of Mission Vlejo, California their true and lawful Attorney(sf-in•Fact. to make. execute, seal and deliver for and on their behalf, and as their act and dead any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that then said Attorneyls)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows-. ARTICLE vil - E%ECUT]ON OF BONDS AND uNDERTARINGS 1- Tine eOWd of Directors, the Pf*sid*Ml. the Chairman of the goad. any Senor VILS PresrOenl. any Vic* President of ASr,alent V" President of Other OfliCer desynatsd by tha Board Of DueCtors shad have power and aulhWrly to ii) appoint AltOthayls)-in-Facl and to aulnotrte than to execute on behall of the Company. bonds and WW6ffak,ng9. rstogrulanCee. contracts of i404mhty and Othaf mrld,gs obligarOry in the nature thereof. and Ib) to remove any Such Attorneyts]-in,F l at any time and rave►e the power and e„ i"ity fyven 10 [halm. 2- Attorneyts)-,n• Fact ahaa have power and authority, subject to the terms and f+rutalrons Of the Power of Attorney issued to them. to execute d*livm on behalf of the Company, bonds and undertakings. racogt„rances. COnlfacls of WAGMnily and Other wrrrlflg* obligatory ,n the nature thereof- The corporate serf is not ne CesNry low the vandtty of any bonds and undena"s. racOgnraerKos, contracts of indemnify and Other wr,tdngs obligatory in the Astute thereof_ 3. Attormayfs)-in. Fact shah hav* power and outnWlty to execute allidavits required to be attached to bonds. recogrularlces. conllacls of indemnity or other CoAditidlal Of ObkgsrOny urXW1Wnge and they share 01e0 have power and authority to certify the finanval slaternent of the Company and 10 COp163. of the eyLawa of the Company or any erlKla W section thereof. This Power of Attorney is wgrsrd and sealed by facsunds undet and by authority of the fo0ov.N resolution adapted by the Eaeculrve end Fdtance Cormmitlets Of the Boards Of Ddettors of Rekams Ma,tence Company, united Pacific Iuctante Company and RNiance National lndemnly Company by Urrantn0,o Consent Dated as of February 2e. 1994- •Resosved that the t.gral,tis of Such directors and officer& and the sear Of tha Company may be affixed 10 any suCh row« W At[otnei, of any certifiCates ralattry thereto to lacaumAa.and any such Power of Attorney or cert,frcale beating such lacax%trl* signatures or faminde $eel shall the valid and bid% n upon the Company and any such Power ep eaeCulad and certified by facsimile Watt*s and taCsimas seal shad be valid and box" upon tha Company, in the future 'nth respect to wry bond Or undartakrng 10 which it is attaced.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this November 23, 1994. ttrEEaeLa STATE OF Washington } COUNTY OF King } ss. RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL WDE.MNITY COMPANY On this, November 23, 1994. before me. Janet Blanklay, personally appeared Lawrence W. Carlstrom, who acknowledged himself to be the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duty authorized officer. In witness whereof, I hereunto set my hand and official seal. qs Public in and for tng at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE INSURANCE COVY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 4T11 day of OCTOBER 95 - enters77-hA Assistant Secretary �� Y tfae s � a OCT-04-1995 10:40 310 9700699 P.04 �I1T_iliT%j a �1 �1 !�.��ii��►`.�lTli.�[1:I1 BOND # B262 31 35 PREMIUM INCLUDED ON PERFORMANCE BOND EXECUTED IN SIX COUNTERPARTS WHEIR $ the _ _ My of HdWm &adi I"Owwl, by ms"on posed 10/021995 has aw d d to � as the "Frintapal," a C�(RfaCt for the work das�ori6ed as f bTEC CONSTRUCTION,�INC "RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING (CC-902)" WHEREAS` said principal is rewrad by DyWon 3, Part IV, Title XV, CtiapUttr 7 (cwT mtcirtg at Section 3247) of do Califontia WI Cade to furish a bnrd in minixtion with said art -act RELIANCE INSURANCE COMPANY NM. RfFf ORE, vve, tte Prtmpd and _ , as RY, are ttald finny bound unto die _ ovm in thD ptW W n 0f _ *SEE BELOW (kilns [$_ ), Iatnrfti mmq of the thted States of kurics for ttte pay ud of mulish sun well and Wy to be made, we bird m rsdves, our heirs, exeartors, atiiristoators, sus and assigrm jointly ad sewdly, fimiy by these prtao ts. THE COI IT1ON OF THIS 0BUGATI(7N IS SUM that if said Rnmpal, tis or its tvirs, exeaAms, adrtirristratom surrpms, or assigns, or a sthcorrtractor, stall fail to pay any person or persom named in Bull Cade Section 3181 or foil to pray for any materials, provisions or other sees, used K tgM for, or about the perfomatee of ttae work contracted to be dom or for any work or labor ttztrem of any Wd or for warn due under the Urte #oymertt Insurance Code, with mspart to work or labor thereon of arty WrKt a shall fail to Mkict, wittwa and pay aver to the fJtiployrttertt Oewlopmant fJeparwrBm any aT>autts rtpred to be deducted yr ftxid and paid Doer by Sactim 13020 of ttte LhxTployrrEm Irmance Code with respect to worts and labor dueon of airy kind, titer said Sudety vull pay for the sarre, in or to at artunt rot exomlq the awt herun bm set forth and also trill pay in case slit is brawl upon the bond wch rumuWe attaney's fees as shaft be &W by ttte cart awarded and taxed as prod in Ovrgm a Part IV, Title XV, Ompter 7 (acrtnwtdrtg at Section 3M of the Califonia CAW Code. Ths bard skit roue to ttte bemfit of any of dw paso matted in Suction 3181 of the Cafifortia Gvil Cody, so as to give a ri¢ut of action to such person or their assigns in any slit bro11gitt ulpm the band It is flsthar stipulated aid agreed that the SsM of this bard shall not be exonerated or r bmW from the add oon of the bond by any chafe, extension of tore for pfutt><trtce, addtiort altiziatim or mAficatim in to or of arty amtract 0= spaAcatiars. or ageorr> m pertairtirtg or rdating to arty sdam or work of aprove m herantabove ciesaibed or pertakirtg or rdatmg to the haTiding of labor, materials` or equpTm theretore, nor by any draw or ntadficaban of arty taamri of papatt or exta6m of the him for any payrttortt pertaining or rdawq to any Was or work of kprinranard hemei mbum described, nor by any rastiswan or attarpted rmdssion of the wilt t, agmemi or bond nor by any cortdtions p umderrt or nh m m in the bond attwportg to limit ttte right of rmammy of damns *FOUR HUNDRED THIRTY FIVE THOUSAND NINE HUNDRED SIXTY SIX b NO/100-($435,966.00) (YIA 4&11) OCT-04-1995 10:41 PAYMU OW •1 310 970e699 99% P . 04 GC T-04-19'35 10. 41 310 9?Oe699 P.05 HK,"iFi e0ed to recDff, 1n44 aN vich cafr;t rr nr u- T the how, nor b,, i :y frajri vamw by dry i_-Tsa1 tiiyy tfr Z th, ddnwit oddm to rem-i on the r;al aid tk:i &s Wid be corstmad rust str 4y kAst ge snty and in favor of ad pwm for Wm benefit such bond is jm% and under no orwmtmz ddl Slrety be Mwmd from liabrtity to those for Wm benefit srrh WA has been Om% by reamon of ary bread, of contract betrtier<xt the OMB and oriQ d awaactar or on the part of aW diigm narmd in gich bard hit the We ca d6om of rj9omy shed be that daunt is a pr,rson &serial in Section 3110 and 3112 of tie Cali mia aW Cafr; and has not been paid the U wwt of his or its daim ad that suety does hereby waive notice of any such dwM augWon of firm aftm alum or mdkudm heron rrentfoned Any dwm radar this bond may be to: RELIANCE INSURANCE COMPI},Z]Y and W&m of &mt� 505 NORTH BRAND BLVD., 1770, GLENDALE, CA 91203 QUICLE-Y INSURANCE RkE and aMess of w4 or SERVICES, INC. mpvmaative in Cafifornk 95 ARGONAUT SUITE 105 if difens km dwyel ALISO VIEJO, CA 92656 (800)338-0753 ffdephm rimer of may; or agent or repreo ta*x (714)464-2700 in Wforriai AS TO iORM:, CAT.T_ '"1.IA'iO'f A7 i.,-iZv By 1 De �,; C- �Y Attorney, r (Y j A 45-11) PAYMENT BOND •2 OCT-04-1995 10:41 310 9700699 99% P.05 OCT-04-1995 10:41 310 9?00699 P.O6 • • 1N YI 'MTS5MEW, we hus hereto set art hods and WAS on M ATH day Of OCTOBER , 19. 95 (Corporate sal of ftraW, if Corporation] Pri<rr W (seal Of sue2Y1 [Attach Attomef4Fart Certificate and Pawrsd AdvA&*mnrts] DTEC CONSTRUCTION. INC. {Proper p,m of Gorpora>i w By DARIUSH BARB UKH - PRESIDENT �isig�ug of Cartractar) -- _ J (Y ! A 4611) PAYNEW BD -3 DC T --04 -1995 1 W 42 310 9?00699 99 P.46 STATE OF CALIFORNIA SS. COUNTY OF ORANGE On OCTOBER 4, 1995 , before me, H. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED � - _ MICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of sahsfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. Signature OPTIONAL M. TREDINNICK 3 CONIN1, ttt053cas NOTARY NaLIC •CALIFORa1A ORANGE COUNTY My Comm a� EYp[res Mar. 29. 1999 This Area for Official Notarial Seat Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER rirtEcsr ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAmE OF PERSOMS) OA ENTiTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE "'""' '"' "'"' ALI.-PURPOSE ACKNOWLEDGEMENT LANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE. PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin {herein collectively called 'the Companies'! and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Michael A. Quigley, of Mission Viejo, California their true and lawful Attorneylsl-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorneyisl-in-Fact may do in pursuance hereol. This Power of Attorney is granted under and by the authority of Article VII of the fay -Laws of RELIANCE INSURANCE COMPANY. UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect. reading as follows-. ARTICLE Va • EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of DliaCloa. the ►res,dant. the Chairman at IN, Board, any Senior wrca Prefid"I. any vise Prss+Wnt of Aasrslant vtte ►raudenf W ofher office desionated by the Board of Drractbes shad have power and authority to tat apparit AtlOrneyfsl-i1l.Fac1 and to authowe them t0 execute on behalf or the Company. bonds and vnderrakinge, raCOQn,rancas. contracts of indemnity A" othM wr.[irig7 ablipkr Cry rn the nanrr thereof. and 101 to remorr any such Attorneyrsl-in-Fa<y at any IMria orb revoke Iha powM eW authoruy given to thhen. 2. AHOrnsytal-et-Firt shad have power and authority. UollSeCt to the terms and Iur1114[LOns of the Power of Attorney issued 10 them, 10 aaacute datrver on bared of the Company, bonds arW undertaking•. recognizarrCea. Contracts of Indemnity and other writings obligatory n the natwe thereof. The Corporate seal La not necessary for IN vaadlty of any boners end WrtdtrtakiirV. recognlizan ces. COAI1KIs of indemnity and other wr,trngs obligatory N the na1We thereof_ 3. Attotneylal-in-FeCt utao hive power and avthoedy to execute aftidavrls 14bMued to be attachad 10 bonds. recogrMharices. contlacls of ■denhly or other candid' Yt o 001.gatoty undena4ng3 "they atoll also have power and authority to certify the financial statement of the company end 10 Copies 01 the By-Lawa of the ComDeny Ol any artiUe or eartion tryneot. Thus Power of Aitanay Ls sighted and sealed by racarmrle under "by authority of the fOdovvrfg resolution adopled by the Executive and Finarice Committees of the Boards of Duectots of rlakance klsLranca Company. Unilad POCLr,c Ins,ranCe Company and Rabw%Co National Indehnit• Company by Unewnoiq Comernl mated as of February 28. 1924- 'Aespfved that the s,gnatwes of such d,raclors and officer{ and the seal or the Company may be affued to any svCh Powar of Attorney or any carubcstes ylehng thereto by fauimde.ard any Such Power of Attorney or certificate bearing auch facsrhds ugnalwas ol fbc4,rnile sae etW be valid and bnd,ng upon the Company and any such Power a executed and Carbhed by facs mime srgheturea and lacsimile efal salt be vald erd bw4ing upon the Company. in the luture with respect to any (fond Or undartakrng to which LI is atlached IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be herato affixed, this November 23, 1994. MAL �S?F lea• a •atI �� eaf� STATE OF Washington } COUNTY OF King } ss. RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY 4�D�' gxaz��'_ On this, November 23. 1994, before me, Janet Blankley, personally appeared Lawrence W. Carlstrom, who acknowledged himself to be the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal qy Publie in and for the State of Washington ing at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE: INSURANCE COMMA' IY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and affect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seals of said Companies this 4T11 day of OCTOBER 95 5 ;Olt j ft WAL • SEA ii+tt Assistant Secretary I : " is"e ~e+a•+� a ° a t � e e 1 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE IN' -REST OF THE CERTIFICATE HOLDER WI' ' NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS ( )R WRITTEN NOTICE TO THE CERTIFICkAOLDER NAMED BELOW, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALI ORE THAN 30 DAYS FROM THE DATE WRI N. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE 114E COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This Certifies that- STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois. or STATE FARM FIRE AND CASUALTY COMPANY of Bloomington. Illinois has Coverage in force for the following Named Insured as shown below - Named Insured DARIUSH BAROUKH / DBA `01 EC-C DIgSTRt7CTtON Address of Named Insured --TMS7 'S. E-5L.V4TSQiT= HAWTHORNE CA 90250 Pourly NUMBER W26-4320-D10 R40-5317-A08 EFFECTIVE DATE OF POLICY 10/10/95 TO 4/10/96 7/8195 TO 1 /8/96 DESCRIPTION OF 94 TOYOTA T100 88 FORD FLAT BE VEHICLE t.IABILFrY COVERAGE YES 0 NO AN YES NO 0 YES 0 NO O YES [] NO LIMrTS OF UABIUTY a- Bodily Injury Each Person Eaoh AocKWt b. Property Damage Each Accident C BorFy Irlury d Roparty °a'"age Sroo "t 1,000,000 1,000,000 Each accdent Aoci PHYSICAL DAMAGE COVERAGES YES Q NO Ili YES Q NO Q YES Q NO Q YES 0 NO 250 250 m ns a Coehelve $ Deduetbla 3IT Deductible S — DeductO* 0 YES Q NO $ Deduct"a YES O NO p YES 0 NO YES 0 NO b. ��r, S 500 Deductible S 500 Deductble $DeduCtbte $ Deductible EMPLOYER'S NON-O WNE SHIP O YES NO O YES [10 z OYES No O YES O NO COVERAGE HIRED CAR COVERAGE 0 YES NO O YES [Ip 0 YES 0 NO 0 YES 0 NO AGENT _ • Signature of Authonze R pr 7n,a Toe Name and Address to Holder F- CITY OF HUN71NGTON BEACH IT'S OFFICERS, AGENTS, EMPLOYEES AS ADDITIONAL INSUREDD 2000 MAIN STREET HUNTINGTON BEACH CA 92648 F- 8881 Agent's Cope Number Name and Address of Agent 10/ 12/95 Date APPROVED AS TO FORUU STATE FARM INSURANCE GA U T T0:1 MASSIE HAZEGH, AGENT TY AT. HNEY 9235 BASELINE ROAD RANCHO CUCAMONGA CA 91730-1297 k- (909) 989-2044 natty City Attorney I I I L- J J C R-11 ICAi E HOLDER COPY CER C T -- [SS1JE DATE ONM�DDA'1') 10105/95 PRODU(.R THIS CQTQICATE IS ISSUED AS A MATTER or wroitMATTON ONLY AND CONFERS NO RICHM UPON THE CERTIFICATE HOLDER. TIII3 CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY nIE POLICIES BEt.ow COMPANIES AFFORDING COVERAGE JOHNSON & ASSOCIATES COMPANY 213-653-5321 LETTER A Scottsdale I=rance Co COMPANY B LETTER INSURED COMPANY LETTER DTEC Construction Inc. Anna Vasquez 13637 S. Hawthorne Blvd. 92W COMPANNY Lcmit D COMPANY LETTER E Ham thnrne CA 90250 COMAGES TINS IS TO CITIFY THAT THE POLICIR3 OF IIsURw.VCR L15'T8D BELOW HAVR BERM ISSUED TO THE INSURED NAMED ABOVE. FOR T1IF POLICY PERIOD INDICATFD. ![OrWrrfiSTATDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CON TRA(-r OR OTFIER DOCti/RNT wrm RESPECT TO witic:lt Tills CERTIFICATE MAY Bit ISSUED OR MAY PERTAIN. THR INSIIRAINCE AFFORDED BY THE POLICIES DES MBI D HERRIN 13 SUBJECT rO ALL. TEIF TERMS. FXCLUSIONIS AND CONDITIONS OP SUCH POUCIES. LIMITS SHOWN MAY HAVE REEK REDUCED BY PAID CLAIMS. CO TA TYPE OF INNURANCE POLICY NUMBER POLICY EFT' _ DATE (MIH)DDlYI'F POLICY EXP- Dw78 [MM/DD/YY) LIMT19 A GENERAL IAABILIY CLS269654 3l21195 3/2l/96 GENERAL AGGREGATE 2000WO PRODd:OMPIOP AGG. 1000000 X COMM. G&N'ERAL LIABILIY CLAIMS MADE ®O(:C_ PERS. A ADV INJURY 10000DO EACH CWCURRIUNCF I OOOOM X OWWR-S a CONTRACTS PROT FIRE DAMAGfloO F}rr) (xxj() MFD- P.XP- (Om P.') 5000 AUTOMOBILE LIABILITY [;OMRI�FD SN[CLE ANY AUTO LIMrr ALI. OWNED AUI08 BODILY INJURY SCITFDIJAM AUTOS (Fer PR ) III RED ALTOS I)OUll.l' INJURY NON-OWIVED AUTOS (Per .40d nil GARAGE LtABILrrY PROPERTY DAMAGE EXCILLS I.IABtl.ITY EACH O(:CURRE %(.F UMBRELLA FORM OTHERTITANUMBRELLA FORM Al PROVED AST FORM n(:[:RF.GwTF. - S-rATLrroRY L[MrTS - WORKERS' COMP6tiSATION C1 ATTOR! EACH A('(Jt)Fi-YT AND B \ DIsEASi:4,,m.t[:Y LLMIr EMPLOYER'S LIABILMY DISEASE -EACH LMP cn) _ OTHER I j _ •� • t y DFSCRIPr[OY OYOPF.RATIONSILOCATION'SNEIiICLF,"PBCIAL rmms RE- HUNTINGTON BEACH RENOVATION OF GYM & POOL BUILDING --CITY OF HUNTINGTON BEACH. ITS OFFICERS, AGENTS AND EMPLOYEES ARE vAMED AS ADDITIONAL INSURED IN RESPECT TO GENERAL LIABILIrY•" CERTIFICATE TIOLDER. CAMCIU.LA'"ON t SHOULD ANY OFTIIE ABOVE DP.SCRIRRT) POLICIES BECANCELLED BRFORK THk EXPIRATI0% DATIi THEREOF. TIIF LW;IYG CO%IPAAI' WILL X402MOOX4X MAIL. 30 DAY3 WRrrrRN NOT ICV TO TIIE c.F.R't-IFIC%TV. HOLDER NAMED TO TINS ►.RFT�>IQ�+�7IOffi1�iL.x9C'>x74A9�I41iI+10•iix�X+7[ Jl1�irRl�(�i}i'QrIC CITY OF HUNTINGTON BEACH t]G�1Sr?id6iCA]k94aL`I61�]daKTYt>16d61ft5Ldk7¢ftXJi�ClCbQl44?1G�4�709�7C 2000 MAIN STREET HUNTINGTON BEACH, CA. 92649 k AL'TI.ORIZED Rt:Pli 'FNTAr[VR ACORD 25-S (7190) 21-40 POLICY NUMBER: CLS268654 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG20101185 ADDITIONAL INSURED --OWNERS, LESSEES OR CONTRACTORS This endorsements modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE: HUNTINGTON BEACH RENOVATION OF GYM & POOL BUILDING Name of Person or organization: CITY OF HUNTINGTON BEACH ITS OFFICERS, AGENTS AND EMPLOYEES 2000 MAIN ST. HUNTINGTON BEACH, CA. 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. APPHG VED AS : 0 FUP. CA TTati i' A- ?ORNEy 33 ' Y Ci tY At .ne..., Copyright Insurance Services Office. [nc. 1984 • • STATE COIMPEP46ATION IN S U R A N C E Funs IN% P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OCTOBER 13, 1995 POLICY NUMBER: 1184687 — 95 CERTIFICATE EXPIRES: 5- 1 -96 r CITY OF HUNTINGTON BEACH DEPT OF BUILDING & SAFETY 2000 MAIN ST HUNTINGTON BEACH CA 92648 L JOB: COVERAGE PERIOD 5-1-95 TO 5-1-96 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the Califomia Insurance Commissioner to the employer nerved below for the policy period Indicated. 30 This policy is not subject to canceltation by the Fund except upon Urkays' advance written notice to the employer. 30 We will also gnre you TjN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding arty requirement, terra, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded tyr the policies desenbed herein is subject to ail the terms, exclusions and conditions of such policies. X. W" PRESIDENT EMPLOYER'S LIABIfrITY LIMIT INCLUDING DEFENSE COSTS; $1,000,000 PER OCCURRENCE ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 10/13/96 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF HUNTINGTON BEACH ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS" NOTICE EFFECTIVE 10/13/95 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT ##2570 ENTYrLED WAIVER OF SUBROGATION EFFECTIVE 10/13/95 IS ATTACHED TO AND FORMS A PART OF THIS POLICY, THIRD PARTY NAME: CITY OF HUNTINGTON BEACH SPECIMEN ENDORSEMENTS #0015, #2065 AND #2570 ATTACHED. EMPLOYER DTEC CONSTRUCTION INC 13637 S HAWTHORNE #200 HAWTHORNE CA 90250 ✓t2�w'� APPr`'.07F,U AS TJ : U:IK� R rV, BY attorney r� . L STATE C3wAPIE NSn.TIp►.r I fV s u F7 A V%d C t P U N D YDIAE OF=ICE So" FRANOSCD =LL=--E_'IVE DATES :,rE ... - _A! PE.0 1; Ic 17=WART ?ME Do 7AE P4CIFIC :`ouDARD TwE OF - BRO.-r.�N ENDORSEMENT AGREE.&AEN i AGREED THAT 7HE STATE C0�2FENS.�110N iNSURANCE FUND KAWES ANY FIGHT OF W OG _ION AGAINST. (S?ZQ7Y 3RD PARTY ROQU75TING WAIVER, ONT NAME PER ENDORSEMENT) THICH MIGHT ARISE BY REASON OF WN-Y FAY�= *LT--,,-DZR T715 POLICY E EGR.GA 7 w:iG F' _-C.N -,._ -.-,_=�� _._- ...D :.;C ---�!..SED IYPROUED AS GAIL RUT�'O T TO FO�,,�� CITY !3.. =fi. r`� _ 1.=0v5� D_ .7or_:Ir-r— . rF �-, L, r� r Z 3 STATE CONAPIENSATION NS URAIVCC PU N D HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:Q1 AM PACIFIC STANDARD TIME OR THE TIME iND%CF.TED AT PACIFIC STANDARD TIME m 7I88 • ADDITIONAL INSURES- -'"Pt�R ENDORSEMENT AGREEMENT ANYTIHING IN 7HIS POLICY TO THE CONTRARY NOT'dITYSTANDING, IT IS AGREED THAT IS 'HEREBY NAMED AS AN' ADDITIONAL TNSURxD EMPLOYER ON THIS POLICY BUT ONLY AS RESPECTS EMPLOYEES WHOSE :FAMES APPEAR ON T:-.E PAYROLL RECORDS OF ( :;FcEIti CA? ..ED T_--- ".DPTMARY 7N-STR. D) w"HILE OSE E?ELOYEES . Ew --ANZOUS D F CTION Ab-DR3C3T CONTROL OF T:W ??IMA.RY INSu`RED r—NM THE A.DDITIONnI. 7NSu'REa =-LOVER. I_ IS 7URT:-:ER AGREED =r:AT T?-" ?AY?EN'T Or 71— � u'LL ?afi*f_i�-*r DLr kNI D PAYAn"s.E :,1t'DErZ =^i5 POLICY SHALL ? '1AIti SOLE G= _ RI?IAhY=NSURED. r NOTHING IN THIS ENDORSEMENT CONT INED SHALL ?E ►sEL"D TO VARY.i.LY=_�. �4AIVE OR EXTEND ANY OF THE TERMS. CON ITIONS. AGRE�.MENTS. O� LIMITATIONS OF THIS POLICY 07 HER THAN AS ABOVE STATE-:). NOTHING ELSEWHERE IN THIS POLICY SHALL SE 1-0 70 VARY. A LT Fri._ i;AIVE OR LIMIT T Ii` TERMS. CONDITIONS. AGREEMENT S OR LIMI- TATIONS OFNT Fl, COUNTERSIGNEDANDT NC �. AUTHORIZED REPRESENTATIVE PRESIDENT �131 D -. _ _ SLIF :OSl6 IREV.:0lb1 C_� FQ%awA STATE I IV$ I..DR^Pq FUND ►+OME OFFICE. SAN FRANCISCD AL'_ EFFECTIVE DATES ARE A %7:0: AN• PACIFIC STANDs.RD 71ME OR THE TIME INDICATED AT. PACIFI,l S7ANOARD TIME ENDORSEMENT AGnc_=hAENT C. =`' _..�[ �0:.C-_=C - — CrJ?i-.--=- ?\u_�:71=5__-�7_A` 7_ _ _ _ _ r �0 D. v5 �N ?iG�=C� 0- criC = C:=;C=� `.'_-`U'-t �t S ��-2i ��'_C�D =?� APpp *, OV'D.4S 'ro Fo r�Y AT,��p�7 �f = {r-_:J -. ,3 VA:::�. � _ :,tVz_ T _' = T = r .J' `-;,J • L I �• �� _ . 7"� :. -` fy rT� tom..' 717 I �'�� ' 1V1`�`1�� `-c— I }`' Lr rE±I1': r.'C_:= Lr'f' �__ S. - . ..- -- --- =- - - -_-- -• - 0 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DTEC CONSTRUCTION, INC FOR RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING (CC-902) THIS AGREEMENT is made and entered into on this 7th day of Noveriber , 1995, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and DTEC CONSTRUCTION, INC_, a California corporation hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as renovation of the Gymnasium and Pool Building in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; 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 furnish, at its own expense, all labor, plant, 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 assume the risk of all loss or damage ansing out of the nature of the project, during its progress or prior to acceptance, from 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 connected 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 &; �faitAUu ccl[i0pteting the work 31KIGYMNASIUM/9/29/95 03Ai333y within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal_ However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS_ CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), 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 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 said 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; C_ The 1994 edition of Standard Specifications for Public Works Construction, published by Builders News, Inc, 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the 2 3WGYLmNAsium/9/29/9 5 • • Southern California District Associated General Contractors of the California Joint Cooperative Committee: D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit „A.). E 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 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"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, 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 said 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 Four Hundred Thirty -Five Thousand Nine Hundred Sixty -Six Dollars (S435.966) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement- 3 NK/GymxAsiuM/9/29/95 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within 200 calendar days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate its work with the work of all 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 conditions 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 on 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and 4 3WGrmmAsiumt9/29195 • perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change_ Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 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 the CONTRACTOR by CITY. CITY does not warrant that the work site 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 the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney- One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one 5 3nucruwrsiuu19/29195 • • (1) year after CITY's acceptance thereof, and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any 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 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 expense. 10, CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code sections 12900 of seq. 11. CALIFORNIA PREVAILING WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 6 3rn/crMr AsiuW9/29/95 C: • 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code section 1812. keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT, 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 7 31K/GymNAsium/9/29I95 • • 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California tabor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California tabor Code, regarding the employment of apprentices, is applicable to this p. 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general_ 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, 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. 8 3WGyL4"sium19129/95 19. 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 working/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 Six Hundred Dollars ($600) 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 in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and 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 completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted 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 the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the 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 9 31K1GymNAsiuM19129195 • • fact thereon justify the delay; and the decision of the 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 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 nowise 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 the 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 claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 20 DIFFERING SITE CONDITIONS (1) Notice= The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) 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. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for 10 3wGYMNAsium19129/95 �1 LJ 0 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; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the 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. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the 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, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant_ 22. PROGRESS PAYMENTS Each month the 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, less the 11 3WGym Asium/9129195 amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts_ The final payment, 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 the 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 an acceptance of any part of the work. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request 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_ 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in 12 3WGymNAsiuw9/29/95 • • full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an 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 25. 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. 26. INDEMNIFICATION, DEFENSE. HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, 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, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said 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_ 13 3WGYMNAsiuM19/29195 r1 L_J �J CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit_ CONTRACTOR shall require all subcontractors to provide such workers compensation 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 insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation_ 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products!completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance_ All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coveraae If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000)_ In the event of aggregate coverage. CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR 14 31viGYMNAsium19/29/95 • • shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES 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 coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement_ CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance_ CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or 15 3hc/Gr mNAsrumI9/29/9 5 • • violates any provision of this Agreement or the contract documents, CITY may give 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_ 31 DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 32. NON -ASSIGNABILITY 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. 33. 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 California Government Code sections 1090 of seq 34. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop notices, 16 3WGymNAsiumJ9/29/95 notices to Withhold, or any similar legal document_ Said obligation shall be provided for in the labor and material s 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, 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. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37_ FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith_ 17 3WGYMNnsiumig/29195 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis - Bacon Act (40 USC section 176a, et seq_) for each craft or type of worker needed to perform this Agreement CONTRACTOR agrees to comply with all applicable federal labor standards provisions: said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60) CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the bans of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment_ Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq )prohibits job discrimination and requires 18 3fWGYMNAs]u"/29/95 affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability_ To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41_ COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5) Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be 19 3wGYMNAsiuM/9/29/95 required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation_ 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20 (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, off ce of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State 20 31/r,YmNasium/9/29/95 • • energy conservation plan issued in compliance with the Energy policy and conservation Act (42 USC Section 6201, et seq )_ 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING 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 service expenses incurred by CONTRACTOR. 21 3/K1oymNAsiun/9129195 47. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 48. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers, the day, month and year first above written. T(11 EC CONSTRUCT] N, INC_ By- Deriiush Baroukh. President By: - Norberto T amatmat, SecretapqlTreasurer ATTEST: City Clerk AND APPR City Administrator 3Wr,ym Asiunv9129195 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California lZeov-� 40`72- Mayor APPROVED AS TO FORM: �10y 1� �*-e ro 2 City Attorney - INITIATED AN APPRO ED. "A..,�,d J--�e j- dro 22 r-I PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: July 27, 1995 August 3, 1995 August 10, 1995 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 10 199 5 at Costa Mesa, California. i Signature PU8L1C NOTICE Tf;s AG�Ft-y Qbi ueduct - a 10% retention from an SECTION A NOTICE INVITING progress payments. The Contractor may subsntute 4 ' SEALED BIDS an �w holder auraty of equal value t0 the reterttlon for the In accordance with the pro- RENOVATION OF THE visions at the Cellfomia GYMNASIUM AND Govemment Code Section POOL BUILDING 4590. The Contractor shelf CASH CONTRACT be bonetichd owner of the Me. CC4102 surety and shau receive In the Ir+teG thereon CITY OF TI1e AGENCY hereby at- errparis" HUiTINGTON BREACH nort�ty=yfwsinesa enteensures PUBLIC NOTICE IS win be afforded full O HEREBY GIVEN that the pphylMy to submd bids CITY OF HUNTINGTON response to this nofts and BEACH. as AGENCY. In- wM not be dlscrfminatsd vt"m seated beds for the agahtat on ra basis of above stated pro* to and race. COW. nstlonsi origin. wig recave such bids in are0 titry. as,,, or religion in the office Of the City Clerk any OOnsidersdlon IeaQMfg Second Floor. 2000 Main to-th• award of OorltraCL Street. Huntington Beach. No bid chap be cortld- - Califomia 9260. up to the Bred urvess a is prepmod hour Of 2 P.M. on Sptam- :11 on the approved PrOpOsaf bar 1. 1995- Bids be fo►ms 1n Conformance With publldy 0 n to the Coup- the irUtrtxuons to Bidders. dl Chambers tailees Other- The bid must be so - wise iced• oomparded by a certified Copies of the Plans. Check. CaWeds check. or Specifications, and Corr bidders bond made pay - tract documents are evall- sble t0 the AGENCY for an able for the Office Of the amount not less than 107E Director of Public Works, of the amount bid. The 2000 Main Street, Hunting- umossfut bidder shah be ton Beach. CA 02 . upon �ppd S200.00 re- licensed in accordance of a with provisions of the Bus$• fundable fee It 9:C. up. ness and Professions or Dpaayy�m+eerit of a 52251 Code, and shall possess ■ retiuldable Tee B mall. Such State Contractot•s License fees must be by Cennled or Ctass at the time of the bid cashler's Check. Doposit opening. The succasafut wig be returned 10 bidder Contractor and his SUbY upon return of all Contract Contractors win be required documer" In good Cousin to possess business & t$on. Contact documents canes frorn the AGENCY. shad be returned wittdn 10 The AGENCY reserves the calendar days 0f agency demand. right to M)od any or all b ds, to walw any Irregutar- Any contact eritered into win 11under Hy end to take all bids for ppuurrsscant to this notice advisermm a inoorporaU the provhlone maximum period of 60 of the State Labor Code. days. Pursuant to the provisions A mandatory pre -bid com of the iabor Code of the _ Terence will be conducted State of California, the mfrr on 6l17f95 at 10 AM_ at Imum prwoiA V rate of par the p�ect alto. Attendance diem wages for each Craft. by the blddoes estimator Is classHlCstbon Or typo W ,eglJt,ed. workman needed to ex- scuts the Contact shall be BY ORDER at tie those deterinmed by the CITY COUNCIL of the Director Of industrial Rats- CITY OF HUNTINGTON t,on of the State of Caltfor- BREACH, CALIFORNIA, nla, Which are an 11% at the the I M dw tit May, Office Of the Director Of IM. Pubec works. 2000 Maul A t t o o t: C O M M I E Streett, Huntington Beach, S R O C K w All, CITY CA9254& CL1Eitw Oi'FICE OF THE COY CLERiL, CITY OR HUNTINGTON BEACH, 2000 !MAIN STREET, HUNTING - TOM BEACH, CA 026" Published Huntington Besch-Fountpin VaV9y In- dependent July 27. August 3. 10. 1995. 075-994 r • Bid &ds received by Dated (4 9 �1 COPY TO: ' SHEi GENEII CITY GYM AND POOL September 1, 1995 2:00 PM CC-902 Engineer's Estimate: $500,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT S 1. Allied Engineering 2. Caveeche En Tineerin 3. Construct One Corporation S 4. Driver -Eddy Construction Company 5. DTEC Construction � 6. Fischbeck Construction Inc. S 7. Marcus P. South and Associates S 8. Metro Builders and Engineers Group S 9. Select Construction Inc. 10. Varkel Construction S 570 000 S 11. S 12. 12108 page 3 R • • BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, MA EL. CONSTRUCTION, INC. (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID ---------------------------------- Dollars ($ 10% OF THE BID----) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs and each of our 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, ,s abcut to hare in and submit the Obligee a bid or proposal for the "RENOVATION OF CITY GYMNASIUM AND POOL ROOM - PROJECT #CC-902 in accordance with the plans and specifications filed In the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, d 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 bond 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 21ST day of AUGUST , 19 95 By URANCE COMPANY MICHAEI/A. QUIG-J?f&-y, _`-� Attorney -in -Fact SI-ME OF _ CAI.I.FJ)RNTA SS. COUNTY OF ORANGE I On AUGUST -2 1995 , before me, M. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their 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. Signature �y i7�LI-Y-1� OPTIONAL M. TREDINNICK ?e - COMM. 111053088 A NOTARY t'UBUG - CAUFORMIA ORANGE COUNTY -* YT Comm Day Yu se, INS T1iis area for Official Nofarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER rinE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: ►.AME or PEASON(Sj op EN n apes) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE " �� Al.l.- rt lit r(7st ACKN(_)W1.FI7f:hMFNI' WASHING I -UN I IINA [IUNAL INSUHANC E G PANY ' O WER OF A T TORNE Y rJOV! ALL BY TtIESE PRESENTS: That the Washington international insurance Comapny, a corporation organized and existing under Cite iws of the Slaie of Arizona, and having its principal office in the Village of Schaumburg. Illinois does hereby conslitule and appoint SHAWN BLUME, JENNIFER JOHNS TON, MICHAEL A. OU/GLEY AND 0WIGHT REILLY EACH /N THEIR SEPARATE CAPACITY is true and lawful altorney(s)-in•fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, ecognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or ,ermined by law, statute, rule, regulation, contract or otherwise, and the execution of such instrumenlls) in pursuance of these presents. .Fall be as binding upon the said Washington international Insurance Company as fully and amply, to all intents and purposes, as if Ilia .acne has been duly executed and acknowledged by its President and its principal office. rhis Power of Attorney shall be limited In amount to $2,000.000.00 for any single obligation. I his Power of Attorney is issued pursuant to authority granted by ilia resolutions of the Board of Directors adopted March 22. 1978. July 3, 1980 and October 21, 1986 which read, in part, as follows: I The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in - Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereoo, bonds, and undertakings, iecognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attoiney•in-Fact or Special Attorney -in -Fact and revoke the authority given him. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and ilia corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. N TESTIMONY WHERE`�4, j hington International Insurance Company has caused this instrument to be signed and its corporate ;eal to be affixed b��ald.'�� i fj�er, this 2nd day of November, 1994. �G, ASHINGTON INTERNATIONAL INSURANCE COMPANY CQ WRATE'; r o SEAL r�+yid ARIZONA ;4+� llrilliam D. Sterrett, Chairman of the Board Ar 3TATE OF ILLINOISidn ✓ T1�V,4 a - COUNTY OF CO Jn this 2nd day of November, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, )eing by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company: :fiat the seal affixed to said instrument is the Corporate Seal of said Company; N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. j "OFFICIAL SEAL" 0 Cki�t51114E ZXRETS , 11-1liry Fti 1l c, State of 11"0*3 � isline Zeretsky, &arPublic Id C:nir,t rs-on Fwl,s W-7-96 1 My Commission E fires ctober 7 1996 CERTiF'WaP-�--' `{l.� STATE OF ILLINOIS) COUNTY OF COOK) i, the undersigned. Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, 00 HEREBY CERTIFY iliat the foregoing and atlached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Sectioii 5 of the By -Laws of the Corporation, and ilia Resolution of ilia Board of Directors, set forth In the Power of Attorney, are now ui force - Signed and sealed in the County of Cook. Dated lie Z.Laday of AUGUST 19 95 . - Lewis M. Moeller, Secretary BOND# 10-B HID OR PROPOSAL BOND PREMIUM -NIL KNOW ALL MEN BY THESE PRESENTS: That we, CONSTRUCT 1 ONE CORP. (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, 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 just and full sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ) lawful money of the United States of America, for the payment of which well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHSRBAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the RENOVATION OF THE GYMNASIUM S POOL BUILDING CC-902 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 bond 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 I 28TH day of AUGUST , 19 95 . BDB 600201 CONSTRUCT 1 ONE CORP. By. Tian W. Hundley, President WASHINGTON INTERNATIONAL TXSURANCA COMPANY By T�.Jt�( l ( (4A5t��� DAVID L. CULBERTSON ATTORNEY -IN -FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of County of O, On K before me, ��z&---6-.d 6 h�",v6s 4/074.PY �Rs�, DAl@ NAIVE. TITLE OF OFFICER . E-G-.'JANE 60E. NOTARY PU&IC' personally appearediAN I ANOce NAME(S) OF SIGNER(5) , I1 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personas) whose nameW is/aye subscribed to the within instrument and ac- knowledged to me that he/sWth y executed the same in his/bef/them authorized capacity(Le<, and that by his/tr/UTLIir signatureKon the instrument the person(8), OFFICIAL WTAR'YSEAL or the entity upon behalf of which the K,p, p G. RAWL � person(ofacted, executed the instrument. NOMY My con tg.- a ORAWE °sEM 11" WITNESS my hand and official seal. �_X �a-r_-ML,,d SIC,, ATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: N E OF PERSON(S) OR EMTTTY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE V 993 NATIONAL NOTARY ASSOCIATION • 8236 Remme[ Ave P_O- Sox 7184 • Canoga Park, CA 91309-7154 w 0 CALIFORNIA ALL-PURPOSE KNOWLEDGMENT State of CALIFORNIA County of ORANGE On 8-28-95 _ before me, KAREN CHANDLER - NOTARY PUBLIC Date Name "T1ue o1 Officer Is g .'Jane Doe. Notary Pubbc-) personally appeared DAVID L. CULBERTSON Naffs) d Stpner(s) Ej personally known to me — OR — C] proved to me on the basis of satisfactory evidence to be the person(;) whose name(l) isW subscribed to the within instrument and acknowledged to me that hem executed the same in hisauthorized capacity4), and that by hiss signature(]Q on the instrument the person($), or the entity upon behalf of which the person(l) acted, Karen (;handier executed the instrument. CcmM. #t�g542 TA O�IpE COUNTY ALIFORNfA� C WITNESS my hand and official seal. G >Ny cornet- �tlplf R1ar. 27. 59961 Signature of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: 8-28-95 Number of Pages: 1 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: DAVTD i.- CULBERTSON i 7 Individual ❑ Corporate Officer Title(s): El Partner --- ❑ Limited Cg Attorney -in -Fact ❑ Trustee ❑ General D Guardian or Conservator I �� Other: TOP of thumb here Signer Is Representing: INTERNATIONALWASHINGION INSIMANICE COMPANY Signer's Name: O Individual Corporate Officer Title(s): Partner -- ❑ Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top . 0 1994 National NotaryAssocw,on • 8236 AWntnet Are . PO. Box 718/ 6 Canoga Park. CA 91309-71 Ba Prod- No 5907 Reorder Can Toll -Free 1.800-876-W7 y WASHINGTON IWRNATIONAL INSURANCE OWPA NY POWER OF ATTORNEY VOW ALL BY THESE PRESENTS, That the Washington International Insurance Company, a corporation organized and existing under the ws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint KAREN CHANDLER, RICHARD A. COON, DAVID L. CULBERTSON, LINDA L. CULBERTSON, CHARLES L. FLAKE, DIANA LASKOWSKI AND LEXIE SHERWOOD EACH IN THEIR SEPARATE CAPACITY true and lawful attorney (s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,, cognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or :rmitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, call be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the )me has been duly executed and acknowledged by its President and its principal office. I is Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. ,is Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, .jly 3, 1980 and October 21, 1986 which read, in part, as follows: The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in - Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of -attorney issued in pursuant to this section and/or any of the Sy -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company, 4 TESTIMONY WHEREOF, the Washington International Insurance Company has caused this instrument to be signed and its corporate gal to be affixed by it�officer, this 26th day of June, 1995. Z014HAI �t �Q�•�.••••••.•�y�'� WASHI INTERNATIONAL INSURANCE COMPANY CORRORAT E':� SEAS. iStbr. Anderson, Vice -President ! `y ARIZONA •- pn: TATE OF 1LLiN�_ �'••••'aa y: OUNTY OF COO ��AJ 7¢ �.� •r -n this 26th day of June%M, b fe ore me came the individual who executed the preceding instrument, to me personally know, and, being y me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that -te seal affixed to said instrument is the Corporate Seal of said Company; 1 TESTItyt�y.WSREOF, I have hereunto my hand and affixed my Official Seal, the day and year first above written. °OFFICIAL SFAL" S CHRISTINE ZARETSKY Notary Pu3rt, State of 111;rro;= Ch ' tine Zaretsky Notary ublic .My Comm;suon Expires 10.7-46 iMy Commission Tp�� ber 7 1 96 ERTIFICATE "-"'-�-�..=. TATE OF ILLINOIS) OUNTY OF COOK) the undersigned. Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY -iat the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, ection 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now i force. igned and sealed in the County of Cook. Date a 28TH day of AUGUST .19 95 Lewis M. Moeller, Secretary t• CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we CAVECCHH ENGINEERING & CONSTRUCTION CO. , Principal, andANERICAN CASUALTY COMPANY OF READING, Surety, are held and firmly bound unto PENNSYLVANIA CITY OF HUNTINGTON BEACH Obligee, in the sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID - Dollars ($ 101 OF BID— ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. for WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract "RENOVATION OF CITY GYMNASIUM AND POOL BUILDING" NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if PrinciDal shall fail to do so. pay to Obligee the damages .which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shalt be void; otherwise to remain in full force and effect. Signed, sealed and dated AUGUST 25, 1995 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA by G 2J05d A 51-A -E OP CALIFORNIA ., - SS. COUNTY OF ORANGE On AUCUS.:LZ51- 1995 , before me, M. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED_ _ �-. MICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by Iris/her/ their signature(s) on Elie instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WFINESS my hand and official seal. t Si naure g AA C OPTIONAL '.:."•• M. TREDINNICK COMM. X1053088 NOTARY PUBLIC - CALIFORNLA Te ♦ ORANGE COUNTY i My Comm, Expires 11}r, 28, 1999 This area for Official Notarial 5e d Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevew fraudufenl reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER 1111EISl ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUAROIANICONSERVATOR ❑ OTHER - SIGNER IS REPRESENTING: roof OF PE FISONIS] On EN n rYpE S1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ,1I I. rt Eli A(-KN0IVI.FI)(—. 1'-1\4FN'I* Antet{cats Casually Company • • of aesc;Hng, Pennsylvanla OVA for 411:1K fomulftmenU You Make' officeltChitapo, Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All klen by these Prasente, That AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA. a corporation duly oiganlred slid errsnnjf under the laws of (fie Commonwealth of Pennsylvania. and having its principal office In (fit City of ChicdgO. and State of Illinois. does hereby make• conslilule and appoint M}ChaeT_ A. 4ui gl gy, I q i_yLdyaI I of Riverside, _California its true and lawful Attorney in Fact with lull power and authority hereby conferred to sign. seal and execute in its behalf bonds. undertakings and other obligatory instruments at similar nature - In Unlimited Aniotints - and to bind AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA Il+tieby as hilly and 10 the same exleitl as it such mviumenl$ weir Signed by the duly aulhOrirW officers of AMERICAN CASUALTY COMPANY OF REARING- PENNSYLVANIA and all tree acts 01 Said Alloiney pursuant to the aullionly hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority at Ilse following Bylaw duly adopted by the Board of Directors of lrie Company - "Article V1—Execution of Obligations and Appointment of Attorney In Fact StcllOn 2 Appointment of Allornty in facl The President or Vice President may. Irom time to time. appoint by wimen cerldreaies attorneys Ill latl lu act in tlttralt of the Company in the axtcul*n of policies of Instirance bonds- undertakings and 011ier OtiligatOry InStiirnrCnl$ of like r.alure Such alloiney$ in fact. subject to the IimithliOnS set lorlh in their respective ceitlhules of aull+ontyshall have lull power to hind Lire Company by their signature and execution of any such instruments and fo allach It+e seal of the Cornpany Ihtrelo The Presrdent or any Vice Presrdenl or the Board of Directors may aI any time revoke all power and authority previously given 10 any alfoiney In fact - lhis Pnwei of Attorney is signed and sealed by lacsuntle under and by the auttlorlty of the tollowir+g Resoh,lrnn artnpled by fire Roar+l of Olie, ILIis of lire Collipany At a nteel,ng duly called and held ail like I Ilh day of November. 1966. Resolved trial like Srgnalure of the President or a Vice President and the Seal of the Company may he allr.ed by facsimile nil any laiwel ql all,uncy Ylanled puissant to Stclroil 2 of Arliclt VI of lire by laws. all() 11,t signature of lbe SlUelary or all Assislanl Se(relary a+rri Me, seal or the Company may be alfixed by fascrmde to any certificate of any such power. and any power Or certificate bearing such facslnrlte slgrialnres and seal Shall be valid and binding on file Company Any such power So executed and sealed and cerldred by ceililicale so e■eculed And $tiled Stall_ with respect to any bond or urtderlaking Ia which it is allached. conlintre to be valid and binding on the Company .. In Wilness Whereat. AMERICAN CASUALTY COMPAN a It READING. PENNSYLV NIA has caused these presents to be signed by its Vice Presidenl and its corporale seal fo be horefo affixed this day of �U lY 19 _BiS_ �'�'•,� AMERICAN CASUALTY COMPANY OF READING- PENNSYLVANIA State of Illinois • ,�arbarya , County of Cook I is Ipr ? (- ;, J E- Pullell Vice President Carl this ._.__._ Mth day o! JLIIY' 1988— heloie file personal],, came i I P,attll. to lire known who beiiiX b7 me If 1 sworn. did depose and saythat lie resides in Ilre Village of Glenview. Stale ul Illinois mat Ile Is a v,cc f icsidenl of AKICRICAft CASUALTY COMPANY OF HEAf11NG. PENWaYI VAIl1A. the corporation described rn the which elieculefs Lire alinve iimitiineuf. Ihal lie know$ the seal at said Corporation. that file seal alll.ed to [lie Sand Inslrurnenl is such corporale seal- Ural 11 was $O alf-sell jiur$rlarrl to aulhurrly Breen by the Board of Directors of said corporation and that he signed his name thereto puisuard to like autllorljy- and dcknonledgel, same to be the act and deed of Plaid corporation- i r 9� C NOTARY N J ruac+C le Linda C. Oempsey ' lary Public CERTIFICATE My Commission Expires Novemher 12. 1990 1. 6enige R Ilobairdh. Asslslanl Secrelery of AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA• do certify that the Power of Altomay herein above set 101111 Ia 31111 In force. and hailer cerlity that Secllnn 2 of Aiticle VI of the By 1 aws of the Company and the Resolution of five [toara of Ilireclore, set forth In said Power nil Attorney are iilirl In force In testfoiony whereof t have heremrllo subscribed my name dnrt allied lire seal of the said Company this 25TH day at AllrAl:i'I• Ig 95_ •w1 1� f f{/ / s rr i RELIANCJ* IJTSURANCL C PANY HEAD OFFICE. PHILADELPHIA. PENNSYLVANIA Bond No. N / A BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A-310 {FEB. 1970 ED.l KNOW! ALL MEN BY THESE PRESENTS, that we DTEC CONSTRUCTION, INC. as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE, AMOUNT OF THE BID---------- Dollars (S 107. OF THE BID--------- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by - these presents. WHEREAS, the Principal has submitted a bid for "HUNTINGTON BEACH GYM AND POOL BUILDING (ALT.)" NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur- nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. SignEd and sealed this 2STH day of AUGUST A.D. 1095 DTEC.CONSTRUCTION, INC. Principal) { uness) DARIUSH BARO tie1 PRESIDENT BY: BDA-2305 Ed. 10.73 S-FA'I'E:OF FORNIA SS. COUN-IY OF ORANGE On AUGUST 28. 1995 , before nie, M. TREDINNICK NOTARY PUBLIC PERSONALLY APPEARED MICHAEL A. UIGLEY personally known to me (or proved to me on [lie basis of satisfactory evidence) to be (lie person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to nie that lie/she/they executed (lie same in his/ leer/their authorized caoacity(ies), and that by his/her/ their signatme(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. �& 0'jjq'-'� Signature '—/ OPTIONAL M. TREDINNICK COMM.81053088 3 A NOTARY PUBLIC - CALIFORMA F. ?e i ORANGE COUNTY My Carom fxp[ru Mar. 28. 1999 This area for 01TIcial Nola rail Seal Though the data below is not required by law, it may prove valuable to persons retying on the document and could preveni Iraudulent reatlachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ COnPORATE OFFICER TiRE1St ❑ PAATNEA(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING! r1AW OF PEnsonisiOn ENIITtIIESI DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE A11.I'tlill'()51.,�( f<f`I(�1V1.117c:1n11'N"l' IM1,0CE•' 1NSUI(ANCL COMPANY 11NI"lrlal'PI�(:11�1C INSIIItANCE COIIIPA I RELIANCE NONAI. IN1)ENINITY COf11PANY ADMINISTRATIVE OFFICE, PIIILADELPIIIA, PENNSYLVANIA POWER OF AITORNEY KN(IW At J MEN BY 1lilSE f IIESENTS, That RELIANCE INSURANCE COMPANY amid UNilEll PACIFIC INSIHIANCE COMPANY, are cotporaurl,rs IJdAy .I,yarmttunl all durr IlIt; laws of Ilia Coil u»onweal111 of Psluesylvanla and That IRE IANCE NATIONAL. INDEMNITY COMPANY Is a Cur potation duly uiel-tulrtal truduf the laws ul slid Stele of Wisconsin Ihalein eulldcuvdly called '111a Cunipailies'I and Chat the Companies by vlrrtle Ul si{Jrlaltila artll addle du lididby nlakd, tonstrttmte and appoint Michael A. Qululay, of Mission Viejo. CBlifuntla limit true aisd lawful Attutncytsl in Fact. Io maku. c.e4lltd. seal And duhvel lot and on their behalf, aril as Iheu del atuJ deed ■fly end all bends slid underteitinga of smalyahip atut to hint ilia CUrnpariids thereby as fully and to the game extent as it such bonds and underlakings and what wrilings obligalory in Ilia nature lhereol wore signed by an Executive Olficer of the Companies and sealed and atlested by one 0111er of such ollieers, and hereby ratifies and confirms all that amen said Attorneyisi•imFact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of ilia By -Laws of RELIANCE INSURANCE COMPANY. UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions its now In hull lorce and ellecl, reading as follows: ARTICLE Vie - ExECUIION Of BONDS A190 UNDERTAKINGS I- The Boa,d or D.arida, 11.6 F,a{rdenl, the Cfuitman of the aou0. any SoaJor Vice I[ss"%t. any Vice Plaardenl a Assistant Vrca P.alidem Of Olha. olf.cer de{Ipgsied or sly Dowd of n—cru.a shad r,a.a Po-e, a,+J J..A,dar to JaJ Appoint Alraneylsl In fact "for auftaorfea therm to e.ecare at behad of If.f Con,pany. bands and underrek+t.Qa_ i@coWJraiKrS. Co..r,aCes ar aretnr.vt y •n.m umt•e......... W$ oWAyata.y Y. Wa ..afire Ihe.saf- and Ebl IC; jernava any such And.iortal In Face aI day Olin and revoke tl.a powal aM "I dhy give.. to Ih■.n. A.10 narl.i v. Fan shalt Lava Pawns and aulMiirr. smbieC1 to Un• joints end Y.nlntlons al the Ppwal Of Alla..Nir Is{tied 16 Ihem. Io e.acuto deaver on behalf or UM Compai.y_ b-mi: a�.J i...J[�1{►..p{. iac vo...r •Ke{. co.4.sc1{ ar Indeiltrtity ar14 athaf willines obeQstdy In rho r41Y• IhMWF. 11.6 CO.pdale eta IS nor Mcae{Mr 1W the vandty a •,.r bands anal —dt.te►.,os. .e.oy�nnceS. cdit.acml .t a.d■....r.y arty other wdllnee oospsldy to Otis notnra thattut a Allo.naylsl at Fact [ai.n have pawar and sulhaitfy la saBcula afrbavin 104.i.ed 10 be atnChad go bonds. recognlruKe{. conlrsnS of rrWimedly or olt.0 co—mional a ar,aoaldy ../Jp ua•nys a..J lt.ty ar.ae also 1.0" yavval 4.d tulhd.ly to Certify" Wtancjsr etale.nerat or P.e Company amid to wplae o1 tl.a By taws of q.e CompMiy W Wy 41IKIe d teCl.du 01114401 11--s Po-t, o1 Alldmay It spn■a a,.d se►led by tacaYrnpe under arnd by oulharlly at ilia I&ALO"Me estohdLan adopted by Ilia E.aeutivs and Finance Cdnnansts of the Boaldt or Dliactdj of Rt{a•¢B u,n. &-C■ th..ltd P.c.e.e Ina.ra.Ka Canparir and Nesanee Fmulonat fnderna-ilr Company by Unanimous Cd,ton$ dalad sal Of Fab.wrr 31. r994 '11110.ed Chin try ..iin•itree ut {.,crt drecida bate olrkera and tt.a seal of Cho Cwnpeny rosy be olnatd to any 61,Ch Iowa[ of Atldney Of any canU.tanea .elalwo Ih4tlo b■ Iact19 and any both Paner of Allodnay tW 961UlKsis bam" such IKsbttrle {Ipnatwos d lac{tnda aeel {Iran ba valid " bindtite upon the Company nW any Such Iowa. so e•ec.ied and camhad 4y faCtrt.da tLgnalntaa and 16Calresa Baal till Oa valid and bindwne y,on IIy Company, In the lulu. with -"pact la any bid W ia.de.I.tmV to v.Iikh 4 Is auathod IN WITNESS WHEREOF, ilia Companies leave caused these presents to be signed arul their corporals seats to be herelo alhxed. this Noveiltbff 23, 1994_ aµ r� KAIL A $ 0�4' STATE OF Washinoton COUNTY OF King ss. ILJ.IJANCE JNSI IRANCE COMPANY IINfCEI) PACII`IC INSURANCE. COMI-ANY RFT.IANCE NNA'I-IONAI. 1NDEKIIN11-Y COMPANY (ill lhts. Novanthat 23. 1994, bulore file, Janet Blenkley. personally appeared Lawrence W. Cadsliom, who acknowlddged tlimSull to lea 1110 VICC PIUSAdVilt ul fielmauce IrlsindliCe Company, United Pacific hisuianee Company. and Ruliance National Indemnity Compsi y and that as urCh, helm dt.rltu+Ired 10 Flo so, ext:c.uted the foregoing instrument for Ilia purpose therein comeined by signing the name of the corpotatton by himself as its tIlAy an,tllorlred ofhcel- Its wwless whereul. I hereunto set Oily liantl and official seal. DCNY. low Ntaiy Public In and lot ilia Slate of WaslungiunRc'41111V al Puyallup I, Robyn Layng, Assislani Secialary of RELIANCE INSURANCE ITED PACIFIC INSURANCE COMPANY, and REI IANCE NATIONAL 11,10E-11JITY COMPANY do hereby cattily that the above and loregoing is a true and cotrect copy of the Power of Anouley executed by said Corllpallies, which is still in full force and effect. IN WITNESS WIIEREOF, 1 have hereunto set my hand and allixed the seals of said Compardes Ilds,.-2R day olAUGUST_. _ 19 M MAL ��tier s� "SEeI.? Assisrent Secfetary . • m tell e a sal 1 Jy e • F y err-gs CREATE A FILE (35 characters grid) - - C ��-G j�-vy► ���_ L'�Q�_ ee-QvcNN_-om.- - - - - - - o o B o Ph optnn5. 1 iCci ; c. - - - - - - - - - - - - - l1 r_g*4-s- cC-�102------------------_-- 5-- ---------------------------- ---------------------------------- EXP. DATE: _ _ _ - _ - - ---------------- - - - - - - AFTER FILE FOLDER IS COMPLETED. CHECK HERE: & RETURN! THIS FORM TO TONY! 0895I 0 Council/Agency Meeting Held: Deferred/Continued to - )(Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: Public Works Department ID Number- PW-95-16 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T UBERUAGA, City Admi or / l_` PREPARED BY: RAY SILVER, Acting Director of Economic D RON HAGAN, Director of Community Servi ��LES M JONES II, Director of Public SUBJECT: City Gym and Pool Renovation, Phase One, CC-302'Authorization to Advertise Statement of Issue, Funding Source, Recormtended Action, Alternative Action, Analysis, Environmental Statu , Attachmen { NN Statement of Issue: Plans and specifications for the City Gym and Pool Renovation, Phase One are complete and ready for Council approval and project bidding. Funding Source: CDBG funds totalling $500,000 are available in account number E- HO-ED-822-3-90-00_ The remainder of the funding is through the 1988 California Wildlife, Coastal and Parkland Conservation Act Grant. Recommended Action: 1 Authorize the Director of Public Works to solicit bids for the City Gym and Pool Renovation, Phase One, CC-902, contingent on City staff approval of plans and specifications; and 2_ Approve the attached sample construction contract subject to award of the contract to the Council approved lowest responsive bidder. Alternative Action(s]: Approve plans and specifications, but do not go to bid. r REOEST FOR COUNCIL ACTIOP MEETING DATE: Public Works DEPARTMENT ID NUMBER: PW-95-16 Analysis: On December 6, 1993, the City Council approved the award of a design contract to Harry T_ Mac Donald & Associates, a k a. Y' Deen & Associates for the design of the subject project. The project entails the complete interior and exterior renovation and historic restoration of the City Gym and Pool_ The magnitude and cost of the project dictated that the project be divided into four phases. The construction drawings for the first phase of construction are now complete. The work includes adding Americans with Disabilities Act upgrades, both interior and exterior, to the building, adding a fire sprinkler system, repairing the roof and remodeling some of the rooms. Later phases will restore the pool, the gymnasium, the remainder of the interior of the building and a complete restoration of the exterior of the building. Part of the first phase design effort included the preparation of conceptual plans for the full improvements --these were presented to and approved by the Historic Resource Board, the Design Review Board and the Community Services Commission_ ESTIMATED CONSTRUCTION COST DESCRIPTION COSTS Base Bid $375,185 Allowance for Alternatives/Change Orders` 133,815 Construction Supplementals 40,000 Quality Control & Inspection 30,000 Total: $5792000 "--Due to the nature of the work involved, the $50,000 limit set by Resolution Number 4896 is inadequate. Examples of possible change orders include, unknown building conditions discovered in construction, unavailable material, errors in the plans and changed City requirements_ Environmental Status: The City Planning Department has reviewed this project and determined it to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301(c). Attachment(s): Project location map 2 Sample contract sheet one 0011399.01 -2- 05/02/95 8:15 AM • A r City Gym Location Map Sample FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING (CC-902) THIS AGREEMENT is made and entered into on this day of 1995, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of Caiifomia, hereinafter referred to as "CITY," and a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as renovaiton of the Gymnasium and Pool Building in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. TATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construe the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss w damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for aH other risks of any description connected 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 Wgymnasiumr-V22195 SECTION A �v 7�7 NOTICE INVITING SEALED BIDS for the RENOVATION OF THE GYMNASIUM AND POOL BUILDING CASH CONTRACT No. CC - 902 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated 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 P . M . on September 1, 1995_ Bids will be publicly open in the Council Chambers unless otherwise posted_ Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $200.00 refundable fee if picked up, or payment of a $225.00 refundable fee if mail. Such fees must be by certified or cashier's check_ Deposit will be returned to bidder upon return of all contract documents in good condition Contract documents shall be returned within 10 calendar days of agency demand_ 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. 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_ V 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 certified check, cashier's check, or is bond made payable to the AGENCY for an amounhno less than 10% of the amount bid *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. A mandatory pre -bid conference will be conducted on 8/17/95 at 10 A.M. at the project site. Attendance by the bidder's estimator is required. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 15th day of May 1995. Attest: CONNIE BROCKWAY. CITY CLERK OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH. CA 92648 7/% IV *SECTION A NOTICE INVITING SEALED BIDS for the RENOVATION OF THE GYMNASIUM AND POOL BUELDING CASH CONTRACT No. CC - 902 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated 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 P . M . on September 1, 1995. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $200.00 refundable fee if picked up, or payment of a $225.00 refundable fee if mail. Such fees must be by certified or cashier's check. Deposit will be returned to bidder upon return of all contract documents in good condition. Contract documents shall be returned within 10 calendar days of agency demand 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. 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 A-1 ,- t The, bid must be accompanied certified check, cashier's check, or is bond made payable to the AGENCY for an amouno less than 10% of the amount bid. 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_ A mandatory pre -bid conference will be conducted on 8/ 17/95 at 10 A.M. at the project site. Attendance by the bidder's estimator is required BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 15th day of May 1995. Attest- CONNIE BROCKWAY. CITY CLERK OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids_ 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 and may cause its rejection The complete proposal forms shall be without interlineat ions, alterations or erasures Alternative proposals will not be considered 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 the time fixed for opening of bids, provided that the request is in writing, 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 given 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 given, if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given, and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. 13-1 4. delivery Of Proposal • • Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for RENVOATION OF THE CITY GYMNASNM AND POOL BUII.DING in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals 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 one proposal, all such proposals will be rejected and the bidder will 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 contractors license of the proper classification in accordance with the provisions of Public Contract Code Section 10164 9. References All reference information called for in the bid proposal must be submitted with the bid proposal B-2 10., Listing Of Subcontrac0 • 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- half 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 under 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 he be in doubt as to their meaning, he shall notify the AGENCY. Bidders shall include in their bid, the higher cost where discrepancies are not otherwise clarified by the agency prior to receipt of bids_ Should it be found necessary, a written addendum will be sent to all bidders_ Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. 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 with State 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 all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith 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, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. 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. B-3 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 the 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 after 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 shaft 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 proposal guarantee If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If 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 furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract 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 all 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 bid package_ Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY B4 SECTION C I* PROPOSAL for the RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING from CASH CONTRACT No. CC - 902 in the CITY OF HUNTIINGTON 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 therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices The undersigned agrees to complete the work within 200 calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule_ BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities if set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the ersigned agrees that in the event offBIDDER'S default in executing the required contrac d filing the necessary bends and insu a certificates within I0 working days after the date of the AGENCY-S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find R r n RoN n in the amount of $ M OF TUM HIDwhich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the -AGENCY- (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be) Bidder shall signify receipt of all Addenda here, if any Addenda No. Dale Received Biddeys Si nature 2 8f30/% c C-2 SFOJF,CT BID SCHEDULE • BASE BID All work indicated in all Contract Documents, including all work indicated as Alternates @ Dollars $ G 166 Cents Lump gum Lump Sum DEDUCTIVE ALTERNATE No 1 As described in Section 01019, Article 1 12 @ Dollars Cents Lump Sum Lump Sum DEDUCTIVE ALTERNATE No 2 As described in Section 01019, Article 1 12 @ Dollars $ g' O 2 7� Cents Lump Sum Lump Sum DEDUCTIVE ALTERNATE No 3 As described in Section 01019, Article L 12 @ Dollars $ ,j l Cents Lump Sum Lump Sum DEDUCTIVE ALTERNATE No 4 As described in Section 01019, Article 1 12 @ Dollars $ S 6.3 Cents Lump Sum Lump Sum C-1 S DEDUCTIVE ALTE TE No I • As described in ection 0 10 19, Article 1.12 @ Dollars $ 2 S?-J-17 Cents Lump Sum Lump Sum DEDUCTIVE ALTERNATE No 6 As described in Section 0 10 19, Article 1.12 @ DoIlars $ % S' Cents Lump Sum Lump Sum DEDUCTIVE ALTERNATE No 7 As described in Section 0 10 19, Article 1.12 @ Dollars $ . &W j I o Cents Lump Sum Lump Sum Agency reserves the right to select the Base Bid without Alternates, or any combination of the Base Bid and Alternates_ Low bid shall be the low bid for the configuration of Base Bid and Alternates selected by Agency C-2S 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. ASI CoT MIE ROC SHf SK) GLJ CEf FIB PA] TO ] PL[ FIRE SE EL! Portion Nance and Address of Subcontractor State License Class of Work Number �, GY _ RETE . METAL D ING a METAL r" / � IGF1TS C T ZING ° 5 �- ► .cJ C G i4 / ,rJii ,kMIC TIL sv FLOOR. ING 0/717C Y-Cl o e . ET ACCE S. 766 33 ING 141. r INKLERS 1rG C r 4/ k-1/ 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-3 Ak OF SUBCONTRACTORS • 1n accordance with Govertunent Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor_ Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: I. 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-3 f ACOLLUSION AFFIDAVIT • TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange DARIUSH BAROUKH being first duly sworn, deposes and says that he or she is PRESIDENT of DTEC CONSTRUCTION, INC. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid Subscribed and sworn to before me this NOTARY PUBLIC (�%ll DTEC CONSTRUCTION, INC. Name of Bidder Signature of Bidder 13637 SO. HAWTHORNE BLVD., STE. 200 HAWTHORNE, CALIF. 90250 Address of Bidder 31 day of AUG. C-4 , 199 95 Ana M. Vazquez �+ Comm 0982314UB�y _ • NOTARY PLIC CALIFORNIAw g LOSANGELESCOUH*Y Comm E,OroyJan 7S I997 NOTARY SEAL 4PTILITY AGREEMENT 0 HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING, (i)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows - "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein- Date 8/31/95 C-5 DTEc � 1 By I\C. DARIUSH BAROUKH - PRESIDENT Title DISQUWFICATION QUESTIONNAW 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? U 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-6 COMPENWION INSURANCE CERTIFOATE Pursuant to Section 1961 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate_ I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Date 8/31/95 C-7 DTEC CONSTRUCTION, INC. Contractor /' DARIUSH BAROUKH - PRESIDENT Title UN)�R ROUND SERVICE ALERP G IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid To obtain a Dig Alert identification Number, call Underground Service Alert at 1-800 422.-4133 a minimum of two working days before scheduled excavation_ Dig Alert Identification Number: Contractor By Title Date - Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Ad&tional forms may be obtained from the AGENCY upon request. C-8 96DER'S INFORMATION • BIDDER certifies that the following information is true and correct= DTEC CONSTRUCTION, INC. Bidder Name 13637 SO. HAWrHORNE BLVD., STE. 200 Business Address HAWPHORNE, CALIF. 90250 City, State Zip „310 ) 970-0688 Telephone Number 590725 B & A State Contractor's License No and Class 3/19/90 Original Date Issued 3/31/96 _--- _ Expiration Date The work site was inspected by NORY T. PAMATMAT of our office on 8/17/95 , 199__ The following are persons, firms, and corporations having a principal interest in this proposal DARIUSH BAROUKH - PRESIDENT NORY T. PAMATMAT - SECTY./TREASURER C-9 The undersigned is prepared *tisfy the Council of the City of Hunoon 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. NC—.----- - -- -- - Company N Signature of DARIUSH BAROUKH - PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this 31 day of AUGUST , 1995 Ana M- Vazquez Conn #982314 V v0 F Aar 908LIC CAL{FORN A LOS ANGELES COUN7V 0 Ccn:n E,aires Jan �. I997 NOTARY PUBLIC I 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 - HOUSING AUTHORITY OF THE CITY OF LOS ANGELES Name and Address of Public Agency Name and Telephone No. of Project Manager: CHRIS LEE $843,500 JORDAN DOWNS COMMUNITY CTR. (NEW) 2/93 Contract Amount Type of Wort: - Date Completed 2- CITY OF SANTA MONICA Name and Address of Public Agency Name and Telephone No. of Project Manager: GENE HIGGINBOTHAM $209,000 $TA. MONICA CIVIC AUDITORIUM KITCHEN REMODEL 3/94 _ Contract Amount Type of Work _ Date Completed 3. LOS ANGELES HARBOR DEFT. _- - Name and Address of Public Agency Name and Telephone No. of Project Manager BOYD BOSTRE / TAMURA FATHEREE $342,371 DESIGN & BUILT FIRESTATION 110 1992 Contract Amount Type of Work Date Completed C-10 0 0 CERTIFICATION HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of the Federal Regulations, Part 135 Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, of manager: Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR part 135 of the HUD Act of 1968, or Will hire no new employees in conjunction with this project. This Certification shall apply to the prime contractor's sub -contracts related to this project. Company �--CONSTRU ION, INC: By ;: l Title—pAgIUSH BARQG'KH - pRESIDENT Date: 8/31/95 C-1 1 T ,H E. A M E R I C A N 1 N S T I T U T E 0. A R C H I T E C T S AIA Document A305 Contractor's Qualification Statement 1986 EDITION This form is approved and recommended by The American Institute of Architects (AIA) and The Associated General Contractors of America (AGQ for use in evaluat- ing the qualifications of contractors- No endorsement of the submitting parry or verification of the information is made by the AIA or AGC- The Undersigned certifies under oath that the information provided herein is true and suffi- ciently complete so as not to be misleading. SUBMITTED TO: CITY OF HUNTINGTON BEACH — OFFICE OF THE CITY CLERK ADDRESS: 2000 MAIN ST., 2ND FLOOR, HUNTINGTON BEACH, CA 92648 SUBMITTED BY- DTEC CONSTRUCTION, INC. Corporation NAME Partnership C1 ADDRESS 13637 S. HAWTHORNE BLVD. , STE. 200 Individual ❑ HAWTHORNE, CALIF, 90250 PRINCIPAL OFFICE Joint Venture ❑ Other ❑ NAME OF PROJECT (if applicable)_ HUNTINGTON BEACH GYM AND POOL BUILDING (ALT) TYPE OF VC'ORK (hie Separate form for each Classification of NX'ork)- General Construction HVAC Plumbing Electrical Other (please SPCCIfV) Copvright 196ti, 1969. 1979. ID1980 by The American Institute of A[Chite[I5. 1735 Nc- Fork Avenue. N W . Wa.%hrng- ton. D C 2(N)06 Reproduction of the mterlal hcrcln or suhstantul quotation of its provuloas w-lihotn written perm*.5ion of the AIA violates the Copyright laws of the Un»t'd hize5 Ind will he subleci 10 legal prosccutton AIA DOCUMENT A305 • CONTRACTOR-5 QUALIFICATION STATE.MEtiT • 19Mh EDITION • AIA• • ® 19% THE AMERICAN ENSTITUTE OF ARCt­(ITECTS. 1715 ?IEW YORK AVENUE. N W _ WASmNGTOti. D-C 2t1m6 A305-1986 I WARNING: Unllosrtsse peotor Wng vlotnum t1S. t:opyr!go tt taws ant! to subjim! to WSW pr*sscubm. C — 12 • 1. ORGANIZATION 1 How• mane years has your organization been in business as a Contractor? 6 YEARS 1 ? How• many years has your organization been in business under its present business name, 6 YEARS 1.2.1 Under what other or former names has your organization operated? NONE 1 i If your organization is a corporation. answer the following: 1.3.1 Date of incorporation: I/01/90 1 3-2 State of incorporation- CALIFORNIA 1-3.3 Presidents name- DARIUSH HAROUKH 1.3.4 Vice-president's name(s): 1.3.5 Secretary's namc: NORBERTO T. PAMATMAT 1 3_6 Treasurers name. NORBERTO T. PA4ATMAT 14 if your organization is a partnership. answer the following: 1-4 1 Date of organization. 1 y-? Type of partnership (if applicahlc) 1-,' 3 N,amefs) of general purtncr(s): 1.5 If •our organization is individually owned. answer the following 1 5-1 Date of Organization: 1.5-2 Name of ow•ner- AIA DOCUMENT A305 • CONTRAc.1 oR , t 1. A[ *1(.A110% y7ATEML%I • 191M, E01TION • AIA' • -= WWI 1-11h x`al'.xWAX 1Nti1'iTVTE OF ARCHITU 7>_ 1'45 "VX YORK A%-EM E. N) 1t A%HINGTON. p C (KKK, A305-1986 2 WARNING' UnDoantad photocopying vkAmes U-S. copyright tarns and is subject to NOW prosecution. r _ i� 1-6 If the form of tour organization is other thali those listed abovor. describe it and name the principal. N/A 2. LICENSING 2 1 List jurisdictions and trade categories in which your organization is lcgalh qu:ilified to do business. and indicate registration or hcetur numbers. if applicable. GENERAL CONTRACTOR $ LICENSE GENERAL ENGINEERING A LICENSE 3 ' List jurisdictions in w h]ch %-our organization's partnership or trade name is filed- CALIFORNIA 3. EXPERIENCE 3-1 List the categoncs of work that tour organization norntalh prrform5 with its own forces DEMOLITION, CONCRETE, RO. CARPENTRY 3 3 Claims and tiuits. (If the answer to aw.- of the yuesnons below is ves. please attach details.) i_? l Has %.our Organization ct'cr failed to complete any r'ork awarded to it% NO -2_2 Arc there am judgments. claim,. arbitration proceedings or suits pending or outstanding against Vour organization or its officcrs� NO .2. i Has your organization filed am' law- suits or requested arbitration n ith rcgard to construc- tion contracts w iihin the last five vcars, NO i 1 within the last five t•ran). has any officer or principal of Four organization ever been an Officer Or principal of another organization whcn it failed to complete a construction contract, (If the answ cr is yes. please attach details-) NO ALA DOCUMENT A30S - (.t)\1'FLkt ; )H , of -kill It _Al I()\ SIAI E%IFNI -I Vra, E.INTJO% • .1F--.' • 4 Ivru, Tw311Fmrc %\I\NT]TI"TFohAHf-If]TE(T1 1'45XFa I -<)Rh AIL F.NIE \V( NA]Ff]te.lU\_I)(. 'rxxxr A305-1986 3 WARNING: Unlictr► wif phoitocopyuq violates U.S. eopyrigM tarts and is subpeO 10 legal prosecution. r - I J. 3 4 On a separate sheet. hst major -construction proiccts'your organization has in progress, giving the name of -project. owner. architect, Contract amount, percent complete and scheduled completion date. E& TT/4 C (f'z l_o 3.4-1 State total worth of work in progress and under contract- 3-5 On a separate sheet. list the major projects your organization has completed in the past fire years, giving the name of project, owner, architect. contract amount. date of completion an rcentage of the cost of the work performed with your own forces. ,Se-6 iV {AL14c� and 3 5-1 State average annual amount of construction work performed during the past fire years 3.6 On a separate sheet, list the construction experience and present commirments of the key individ- uals of your organizatton 4. REFERENCES 4.1 Trade References. W LTERSCHEID ELECTRIC CO. 150 W. BONITA AVE. SAN DIMAS, CA 91773 (909) 599-2321 JJ PLUMBING INC. 5017 W. SAN VICENTE BLVD. LOS ANGELES, CA 90019 (213) 936-1622 CIRCULATING AIR NATIVE CONTRACTING 7337 VARNA AVE. 6242 MARY ELLEN AVE. H. HOLLYWOOD, CA 91605 VAN NUYS, CA 91401 (213) 875-1026 (818) 783-3209 LIBCO PAINTING TOLBERT MASONRY 11920 GARFIELD AVE, 6733 S. SEPULVEDA #295 SOUTH GATE, CA 90280 LOS ANGELES, CA 90045 (310) 630-3033 (310) 215-9091 EXT 33 4-2 Bank References WELLS FARGO BANK 13545 S. HAWTHORNE BLVD. HAWMORNE, CA 90250 ACCT. NO.: 0845-048354 TEL. NO.: (310) 647-7207 4.3 Surety: ti 3-1 Name of bonding compam . RELIANCE SURETY COMPANY 505 N. BRAND BLVD., SUITE 770, GLENDALE, CA 91203 TEL. NO. (818) 240-6960 4.3.2 Dame and address of agent QUIGLEY INSURANCE SERVICES — ATM: MIKE QUIGLEY 23455 MADERO, STE. A, MISSION VIEJO, CA 92691 (714) 470-0011 ALA DOCUMENT AM - CONTRACTOR S Qt ALIFICATIUN NTATENIENT - 19m, EDITION- AIA' - ,z t•mh TIIt. A.%%CRI(-.kN INNTITt TE OF AR( FifTE("T', 1-1)RX AX-E\l E \ - VI A>I�ttiGl <)\. D (: 21A[K, A305-1986 4 WARNING: UnU=rswd pholOW ^g + Isle+ U.S. oopy149M IBM NO is su2*W to legal Wommutbn- PROJkCTS CURRENTLY UNDER CONSTRUCTION 3.4 Public Sqfe&y Bldg. Upgrade Attn: Tony Siu Owner: City of San Marino 2200 Huntington Dr. San Marino, CA 90018 Arch: Gillis Iler & Clark Architects 8001 Irvine Ctr. Dr., #975 Irvine, CA 92718 Attn: Don Marks ft2 re ial Ygrd Maint, Attn: Wesley Woo Owner: LA County Public Works. 900 S. Fremont Ave., 8th Floor Alhambra, CA 91803 Arch: LA County Public Woks Same Address as Owner First Ave,-M— iddle School Attn: Dennis Ackel Owner: Arcadia Unified School Dist: 234 Campus Drive' Arcadia, CA Arch: HMC Architects Ontario, CA Elevator Rehab, Q Upon ern. Attn: Owner: Housing Auth. of Los Angeles 2500 Wilshire Bl., Ste. A, 13 Flr. Los Angeles, CA Arch: Gillette Associates 1990 S. Bundy Dr., 4th Flr. Los Angeles, Ca 90025 Lonefellow Elementary School Attn. Owner. Compton Unified School District 604 E. Tamarind Ave. Compton, Ca Arch. Gateway Architects 7300 Alondra Blvd., Ste. 201, Paramount, CA (818) 577-7752 Contract Amount: $1,496,000.00 Scheduled for Completion 9195 Percent. Complete 100 (714) 72 7-0660 (818) 458-3104 If- 7-W - Contract Amount: $570,000.00 Scheduled for Completion 9195 Percent Complete 100 (818) 821-4695 Contract Amount: 863, 721.00 Scheduled for Completion 9195 Percent Complete 100 Frank Plimier (213) 252-4262 Contract Amount: $353, 000 Scheduled for Completion 12195 Percent Complete 30 Decosta Lindsey (310) 639-4321 EXT.5345 Contract Amount: $1,031,029.00 Scheduled for Completion 1195 Percent Complete 50 • • ITEM # 3.4.1 TOTAL WORTH OF WORK IN PROGRESS AND UNDER CONTRACT SAN MARINO 1,496,000.00 IMPERIAL YARD 570,000.00 FIRST AVE. 863,721.00 ELEV. REHAB 353,000.00 LFELLOW 1,031,029.00 4,313,750.00 ITEM # 3.5.1 AVERAGE ANNUAL AMOUNT OF CONSTRUCTION WORK PERFOMED DURING THE PAST FIVE YEARS 90 1,983,987.01 91 1,566,811.56 92 2,658,867.00 93 4,427,283.00 94 4,543.1 14.00 TOTAL 5 YEARS 15,180,062.57 AVERAGE PER YEAR 3,036,012.51 3.5, . List of Pro is Completed Within the Past Fiears 1990 Disneyland Admission Facilities $296,443.00 Anaheim, CA (714) 9994935 Attn: John McAuliffe/Disneyland Completed: 4/90 Architect: Disneyland Imagineering Percent Complete W/Own Forces: 30% 1991 USC Child Daycare Center $444, 534.00 Los Angeles, CA (213 7403XV Attn: Dale Adams / Univ. of So. Calif. Completed: 1/91 Architect: USC Physical Planning Percent Complete W/Own Forces: 30% 1991 SCRTD Emission Test. Facility $469,309.00 Los Angeles, CA (21319724724 Attn: Jack Wang / SCRTD Completed: 4/91 Architect: SCRTD Engineering Percent Complete W/Own Forces: 20% 1992 Port of L.A. Firestation 110 $342,371.00 San Pedro, CA (310) 732-3579 Attn: Tamura Fatheree / Port of L.A. Completed: 10/92 Architect: POLA Engineering Percent Complete W/Own Forces: 20% 1992 Fish & Chips Restaurant $301,820.00 Redondo Bch, CA (310 318ia636 Attn: Ray Koke / City of Redondo Beach Completed: 12/92 Architect: Henry Friel Architects Percent Complete W/Own Forces: 35% 1992 Sta. Monica Police Activities League Youth Center $946,081.00 Santa Monica, CA 010145&8721 Attn: Dave Britton / City of Sta Monica Completed: 2/93 Architect: Laffin Liets Architects Percent Complete W/Own Forces: 25 % 1992 USC Hoffman Medical Research Bldg. $243, 839.00 Los Angeles, CA (213) 740,3G64 Attn: Ron Evans / Univ. of So. Calif. Completed: 11/93 Architect: Serar & Assocs. Percent Complete W/Own Forces: 35% 1993 LAX Ext. Escalator Canopies at Tom Bradley Terminal $452, 000. 00 Los Angeles, CA (310Y 646-5700 Attn: To tie Guevara / Dept. of Airports Completed: 12/93 Architect: Dworsky Percent Complete W/Own Forces: 10% 1993 Sta. Monica Civic Auditorium Kitchen Remodel $209,000.00 Sta. Monica, CA (31014588721 Attn: Jack Bayer / City of Sta. Monica Completed: 1/94 Architect: Engineering Dept. Percent Complete W/Own Forces: 30% 1993 LA Convention Ctr. Gift Shop $283,000.00 Los Angeles, CA R131 74.9!5011 Attn: Peter Ruppel/LA Conventn. Ctr Auth. Completed: 12/94 Architect: Tom Takeichi Assocs. Percent Complete W/Own Forces: 20% 1993 Jordan Downs Community Center $843,500.00 Los Angeles, CA (213) 484-9700 Attn: Chris Lee / LA Housing Authority Completed: 4/94 Architect: Martinez Architects Percent Complete W/Own Forces: 25% 1993 MTA Hazardous Material Storage Lockers at Various FaciA $760,840.00 Vans Fac. Attn: Jack Wang / Metro. Transp. Auth. Completed. 2/94 Architect: MTA Engineering Dept. Percent Complete W/Own Forces: 10 % 1993 Citrus College Biology Bldg. 20 % $2,160, 000 Glendora, CA Attn: Fred Vaugeois / Citrus Community College District Architect: Blurock Partnership Completed 7/94 Percent Complete w/own forces: 25% 1993 Avalon Gardens Site Improvements $1, 240, 000 Los Angeles, CA Attn: Tikran Davoudian/L.A. Housing Auth. Completed 5/94 Architect: JGM Inc. Environmental Collaborative Percent Complete w/own forces: 20% 1994 CSUDH Renov. Bldg. 10, 11, 12 $1, 755, 300 Carson, CA Attn: Jay Jefferson / Calif. State University Architect: Siegal Diamon Arch. Completed 7/95 Percent Complete w/own forces: 25 % f213! 9724724 12la 2524259 • •: ••roc • • 3. 6. DTEC CONSTRUCTION, INC., is a California Corporation, established in 1989, by Dariush (Don) Baroukh and Norberto (Nory) T. Pamatmat. Nory T. Pamatmat (Seery. /Treasurer) holds a Bachelor of Science Degree in Architecture and has more than 18 years experience in the construction field. After five years in the HVAC industry, he was employed by Jack Malven Corp., as a Construction Manager for five years and then by Robert E. McKee, Inc. Don Baroukh (President) holds a Master's Degree in Architectural Design. He is currently President of Stenco Corporation, which he has owned since 1980. Don has 25 years experience in Architectural Design and the construction field. Do not submit Part 5 wit bid. Bidder snail complete an submit Part 5 information within 10 calendar daysWAgency demand if requested. S. FINANCING 5 1 Financial Statement. . 5.1-1 Attach a financial statement, preferably audited. including your organtmuon s . latest balance sheet and income statement showing the following items: Current Assets (c-g cash, joint venture accounts. accounts receiyahie. n()tcs receivable. accrued income, depc)sits. materials inventors and prcplid expenses): Net Fixed Assets: Other Assetb_ Current liabilities (e-g accounts payable. notes payable. accrued expenses. pro• vision for income taxes- advances. accrued salaries and accrued p-3 milt taxes). Other liabilities (c_g-, capital, capital stock, authorized and outstanding shams par values. earned surplus and retained earnings). 5.1.2 Name and address of firm preparing attached financial statement_ and date tllt:rc•cit 5 1 3 Is the attached financial statement for the identical organizanon nanied on pike one, 5-1.4 If not, explain the rel;mo nshlp and financial responslbliit%- of the organization whosc financial statement is provided (e g.. parent-subsidian•) 5 ' Will the organization n-hosC financial statement is attached act as guarantor of tlic c(lntrac:t for c(m- strUct,un> AIADOCUMENT A305•ION1H1(.1fw1Q1 UltRAlItA TA11%1F%I • l-Jxt,LIATICA-A10 . . 1),A, TI11 A%u:Hr(.Ax IN' TII1 Tt OF %Ht 111Tr( T` I'45 M.0 li)t). A%-}\1 1:. Nu NA11(IN(.T(1N 1)(- `111XX. A305-1986 5 WARNING- Unllcansed pnotocopyrng violates U-S- capyr ? twos and to atlgact to "I prosecution- 0 6 SIGNATURE 6.1 Dated at GARDENA 6.2 this 31st Namc of Organization, DT/ CONSTRUCTION, INC. By: Title DARIUSH BAROUKH - PRESIDENT 19 95 da%• Of AUGUST M DARIUSH BAROUKH being duly- sworn deposes and says that the Information provided herein is true and sufficiently complete so as not to be misleading Subscribed and swom before me this 31 ST day of AUGUST 1995 Notary Public. 77C l/ Niv Commission Expires- 1/29/97 Ana M_Vazquez o< Comm 9982314 c ' %0TAS'?U9LIC CALWORN.0 < LOS Ar.GZLES GOOPITY 0 Comm E.prosJa. n 1997 1 CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. ALA DOCUMENT AM - CONTRwCTOR 5 QUALIFICATION 5TATEMENT - 19HO EDITION - .AIA" • Ci19w, THE AMERICAN INSTITUTE OF ARCHIZ ECT!_ 173; '--Ev:" YORK AVENLE. N.W . WASHINGTON. O.0 Itx10U A305-11986 6 WARNING: UnAoanaad pWtowpyfrtg vlotataa U.S. coWgM WAS and Is SLMMcl to kgal prosecsnlon. C - 17 • CITY OF HUNTINGTON BEACH 2 0 0 0 Mai n S t r e e t P. 0 B o x 1 9 0 California 9 2 6 4 8 Les M. Jones 11 Public Works Department Director (7141 536-5431 KENUVA I IUN Ut I ht t-I I Y UI h1 & eUUL CC-902 ADDENDLN4 NUMBER 1 August 23. 1995 NOTICE TO ALL BIDDERS - Please add the follouing modi.5canons to the contract document as given in the anached four sheets. identified as ADDENDUM 41 dated August, 23, 1995 from Y'DeeNAssociates. A.rcluiects. All bidders are requested to acknowledge the receipt of this Addendum uith N-our bid proposal. Please be advised that the Engineer's Estimate for this project remains unchanged by these recisions. Should you have any questions regarding this Addendum please call Mr_ Dean Haselman of Y Detn/Associates at (714) 524-6396. eery truly yours. Tony Folaron. P.E_ Associate CrOl Engineer This is io acknowledge receipt and review of Addendum Number 1. dated August 2_. 1995 It is___� understood that this reN-ision shall be included in the Bid Documents DTEC CONSTRUCTION, INC. LOD�4 Compan} Name B, DARAuM BAROUKH 8131/95 Daie Ailachni,in iiril4OX7 ri] FROM:PUBLIC LIORKS ENGINEERD-` TO: 310 9700699 1995 3:53PM =408 P.02 1a*j,M'd CITY OF HUNTINGTON BEACH 2000 Main Street P.O.Box 190 cal ifornia 92548 Los M. Jones It Director RENOVATION OF THE CITY GYM k POOL CC-902 ADDENDUM NUMBER 2 August 30, 199.5 NOTICE TO ALL BIDDERS: Public Works Department (714) 536-5431 Pleasc Kidd the follo>;inn modiftcaliom to she contract document as given in the Alachcd tour sheets, identified as ADDENDUM N2 dated August, 30, 1995 front Y'DeeNA.nmiates, Arcitilecis. All bidders ate rcduasicd to acknow1c4ge the teeeipt of this Addendum with your bid proposal. Mouse be advisod that the Enbineet's Esliriiate for this pmjoc7 remains uncluuiged by these revisions Should you have any questions regarding this Addendun, please call Mr. Doan Haseltuan of Y'DwilAssociales al, (714) 524-6396_ Very truly yours, 7v _­_ f, Tony Fol roil. 44. Associalc Civil Engineer This is to nckncnviedge receipt and review of Addendum Number 2, dated August 30, 1995. Ifis mWersiood th it thu revision shall be included in the Bid Documents. { DTEC S.ONSTRUCTION. INC. Coinp,uty Nainc By DARIUSH BAROUKH — PRES. 8/31/95 Date Attachiuent OU 14087.02 O=Ve Cokirty—,C'ong t3eack point olpptantieee&p eonrnaittae Huntington Beach City Clerk 2000 Main Street Huntington Beach, Ca. 92648 Uj O oc 0 Z W 0 Q O M w LU ac w CWA .41W as October 3, 1995 RE: PUBLIC WORKS PROJECT: Huntington Beach Gym &Pool Building — Dear Sir or Madam, Under the "Freedom of Information Act" we are hearby requesting the name of your awarded General Contractor, and his awarded subcontractors on the above referenced public works project_ Please forward this information to our office at your earliest convenience. Of course, if you have any questions regarding this request please call our office. Your cooperation is appreciated. Sincerely, C�: . Richard Marquez Apprentice Representative 3-73 .101 (714) 898-0721 Le 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 wort: to be done by such subcontractor. ASE CQA MIE ROC SHE SK) GU CEE FIB PA I 'rOI PU FIRE SI ELI roi le I Portion 2L Work Name and Address of Subcontractor State License Number Class s rir1, 'GY , BETE . METAL ` D ING C _ Sc J METAL ` /mil o -� IGHTS 7 4 14),44/1 c I NG 5 i- ► 10 C G / . agp,v I IC TIL 'rJ15L)I)i A FLOOR. 512 ' ol Pep t- t-, � 31 S• 16 I NG O17 /7e frC O o c ET AC:CE S. ,IBEGG ING 4 A r 1 INKLERS }- C T �' GI : ICAL L, Z�*,t, f .) r L LI:. 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-3 0 "SEALED BID" for RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REAR MAIL • DTEC CONSTRUCTION, INC. 13637 S. HAWTHORNE BLVD., SUITE 200 HAWTHORNE, CA 90250 4 j0o CITY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK 2ND FLOOR 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 J t l III �S