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HomeMy WebLinkAboutIONIC CONSTRUCTION CO. - 1999-06-07CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 RE: Construction of u)A-e Pe pYaoPin G C- WO Ctn(P0—,) A; Y7 i�i � l � � 13/c� , _ ���s« c PROJECT ,sL' os 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. The Declaration of Satisfaction of Claims and the 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 amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441. Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance (Telephone: 714-536-5227 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTIN'GTON BEACH DATE: �ZL%-)e-' /D , 1 / 5I TO: _.L Doi/ L' //�NuS )gh, Name 11�� Stree City, State, Zip See Attached Action Agenda Item ATTENTION: /.yri�h 1,[/0S DEPARTMENT: REGARDING: %%'. — ,aiT: e�T�Y Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement ✓ Bonds ✓ Insurance ✓ RCA Deed Other CC: B aa-rziS Pwo / ✓ Z &"d, NaV Departments RCA � Agreemen Insurance Other,",_-- N r� -e n r�_ D�Cment 1) re&) RCA✓ Agreement In—surance Other Name Department RCA Agreement Insurance Other Name ,�� 2 . ?)-e4 Q ZA Department / RCA Agreement Insurances Other _/ Risk Management Dept. Insurance Received by Name - Company Name - Date QFollowup/coverltr (Telephone: 714-536-5227 ) J �% ll�obl� - t' � CITY OF HUNTINGTON BEAC �01 f� MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: PW 99-0 un dL Council/Agency Meeting Held: zri W/'o De rred/Continued to: . pprove ❑ Conditional) A proved ❑ enied �Yaerk's Signature Council Meeting Date: June 7, 1 99 Department ID Number: PW 99-045 7Ylun� Z c CITY OF HUNTINGTON BEACH -1- REQUEST FOR ACTION � SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS n; �- T. o U ITTED BY: RAY SILVER, CITY ADMINISTRATORAa PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK SUBJECT: ACCEPT LOW BID FOR BUILDING REPAIRS, PAINTING AND WATERPROOFING OF THE CIVIC CENTER COMPLEX — M.S.C. 403 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On May 5, 1999, staff received eleven bids for renovating and painting the Civic Center Complex. Funding Source: The 1998/1999 approved budget, of $596,000, for the renovation of the Civic Center Complex includes $399,000 for the exterior repair and painting of the complex. .- Recommended Action: Motion to: 1. Accept low bid submitted by Ionic Construction in the amount of $17D,37_Q; addf authorize the Mayor and the City Clerk to execute the attached contract. 2. Authorize a project budget of $190,470 to cover contract costs of $170,370, a change.. order budget of $17,100 and incidental expenditures not to exceed $3,000. 99RCA13A.DOC.dot -2- 06/01/99 • 2 PM REQUEST FOR ACTION MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: PW 99-045 Alternative Action(s): Reject all bids and authorize staff to solicit new bids. Analysis: On April 5, 1999, Council authorized staff to obtain bids for renovating and painting the Civic Center Complex. Eleven bids, as summarized below, were received on May 5, 1999. CONTRACTOR BID AMOUNT Ionic Construction $170,370. XIOS Painting $183,800 Cam Painting $212,950 Fix Painting $214,700 PS2 Inc. $240,950 Southwest Coatings $251,915 Astro Painting $271,900 Alamo Painting $274,420 Mear Construction $343,850 Painting and Decor $354,290 Leo's A-C Inc. $426,000 Subsequent to the receipt of these bids, staff reviewed each document. The cost of the Ionic Construction bid is less than half staffs cost estimate, which is $399,000 (see Cost Estimate Summary below). Therefore, staff had several discussions with representatives from Ionic Construction to confirm that the bid amount was correct and that the contractor clearly understood the scope of work. Additionally, staff requested that representatives from Ionic meet with material suppliers regarding quantities, application procedures, etc. Lastly, staff investigated the contractor's references and financial background (Dunn and Bradstreet Report). 99RCA13A.DOC.dot -3- 06/01/99 1:32 PM REQUEST FOR ACTION MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: PW 99-045 DESCRIPTION ESTIMATED COST 1. Repair and paint all exterior building surfaces, resurface/restripe the helipad and clean/repaint the water fountain. $399,000 2. Replace roof on five story structure 165,000 3. Repair the concrete surfaces surrounding the buildings. '19,000 4. Replace eighteen seating benches 13,000 TOTAL COST ESTIMATE $596,000 Staff recommends that: • The low bid, submitted by Ionic Construction, be accepted. • The attached contract with Ionic Construction be approved. • A project budget of $190,470 be approved to cover contract costs of $170,370, a change order budget of $17,100 and incidental expenditures not to exceed $3,000. Environmental Status: N/A Attachment(s): RCA Author: Robert F. Beardsley/Donald Noble 99RCA13A.DOC.dot -4- 06/01/99 1:32 PM ATTACHMENT #1 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND IONIC CONSTRUCTION CO. FOR WATERPROOFING OF THE CIVIC CENTER FACILITY TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 13 27. NOTICES 14 \ 28. CAPTIONS 14 " 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY'S FEES 14 32. ENTIRETY 15 J m p/k/ag ree/waterprf/05/25/99 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND IONIC CONSTRUCTION CO. FOR WATERPROOFING OF THE CIVIC CENTER FACILITY THIS AGREEMENT is made and entered into this day of f vc, 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Ionic Construction Co., a general partnership, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as waterproofing of the Civic Center facility, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct.the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or 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 all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this J mp/k/agree/waterprf/05/25/99 Agreement, and in accordance with the requirements of CITY 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 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 CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter 2 J m p/k/agree/wate rprf/05/25/99 of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and- the CONTRACTOR's proposal (attachedheretoas.Exhibit "A"); F. The.particular plans, specifications, special provisions and,addenda . applicable to the PROJECT. Anything mentioned in the Specifications and not -indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of 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. 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 one hundred seventy -thousand three hundred seventy dollars ($170,370.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice to Proceed is issued and shall diligently prosecute the PROJECT to completion within seventy-five (75) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 3 J m p/k/ag ree/waterprf/05/25/99 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 provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors.and-CITY forces and, ingeneral; all matters concerning-the:timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all -work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing 4 J m p/k/ag ree/wate rprf/05/25/99 by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work; services, material; or: equipment. shall ibe operformed or. furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR. by CITY. CITY does not warrant that the work will be available on the date the Notice to -Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 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 (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 CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace 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. 5 Jm p/k/agree/waterprf/05/25/99 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any -and all: payment: of. all. -taxes, -social . security, state disability insurance compensation, unemployment compensation and. other payroll deductions for CONTRACTOR and -its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements_ finished or completed within the number of calendar days as set forth herein, damage will:be sustained by CITY; and that it is, and would be,, impractical and extremely difficult to ascertaini and determine the actual damage which CITY. would sustain in the event of and by -reason ofsuch delay, it is therefore; agreed -that CONTRACTOR will pay -to CITY, as;liquidated:damages-and not as, a -penalty; the sum of one.. thousand, dollars t($1,000):per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason 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. 6 J m p/k/ag ree/wa to rp rf/05/25/99 CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify DPW in writing of the cause of the delay and.CITY shall extend the time for completing the work if, in its judgment; the findings offact thereon justify,the..delay; -and the decision of DPW shall be conclusive. on. the parties hereto. Should CONTRACTOR be delayed in the prosecution or -completion of the work by the act, neglect or default•of CITY, or should 'CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion: on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been . delayed; but no allowance or extension shall be -made unless a:claim.therefor is.presented in writing to CITYwithinfifteen.(15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify 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. DPW shall promptly 7 J m p/k/agree/waterprf/05/25/99 investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing. accordingly; (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless. CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. 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. DPW may, at its sole -discretion, -when warranted by the facts and circumstances,,order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this.Agreement. If the - quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 8 J m p/k/ag ree/waterprf/05/25/99 When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule,. and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such. sum as will -bring the -payments of:each month•up to.one hundred -percent (100%):of 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. (3 5) 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-DP.W;.affirming that the workfor 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. 15. 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. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, 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. 9 Jm p/k/agree/waterprf/05/25/99 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this.Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, :indemnify and hold 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. 19. 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. 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. 10 J m p/k/agree/waterprf/05/25/99 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR; its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or -in connection with the PROJECT, and shall provide coverage in not less than the following amount:. combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated -general aggregate limit, the. aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall- specifically provide that any other insurance coverage which may be applicable -to -the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 11 J m p/k/a g ree/wate rp rf/05/25/99 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions -for indemnification of CITY by CONTRACTOR under the 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 hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurancepolicies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any.payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give 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 12 J m p/k/agree/waterprf/05/25/99 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. 23.. DISPOSITION OF PLANS, 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. 24. 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. 25. 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 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one hundred dollars ($100) for every Stop Notice filed in excess of two, 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. 13 Jm p/k/ag ree/waterprf/05/25/99 27. 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 ply. 28. CAPTIONS Captions of the sections 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. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance .with the immigration and naturalization laws of the -United States and shall, in particular, comply with .the provisions of 8 U.S.C. Section 1324a regarding employment verification. 30.. 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 services expenses incurred by CONTRACTOR. 31. 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. 14 J m p/k/agree/waterprf/05/25/99 05/25/1999 14:36 4154544231 IONIC CONSTRUCTION PAGE 03 05/25/1999 14:54 714-374-1673 HV PUBLIC WORKS PAGE 03 32, RTT1= The foregoiag, and Exhibit "A," attached hereto, set forth the entire Agreement between the pattiea. IN W nM§S WHEREOF, the parties hereto have caused this ,Agreement to .be executed by and through their authorized offices the day, month and year firstabove written - IONIC NSTRUCTjO�N C0., CITy OF MUNTI:-iGTON BEACH a a 87 al artnership municipal corporation of the. State of California By: L N Mayor Its: General Partster ATTEST: City Clerk � REVIEWED AND APPROVED: APPROVED AS TO FORM: Cit Administrator -? .City Attomey I TIA 7 D AND AP ROVED: I ilrector of fUWh orks • 16 JmD�D!f�Der2�i0a ' . . -5->JAPY ,-7 I have received Labor and Material Payment Bond No. 83164 American Contractors Indemnity Company for Ionic Construction Co. and Performance bond No. 83164 American Contractors Indemnity Company for Ionic Construction Co. Re: MSC-403 — Building Repairs, Painting and Waterproofing of Civic Center Complex. :5.'2 9 S - 12.=3 41"45,:42"a1 BOND NO. 83164 0:eef all canesaoadence 4 — — F::Y PACIFIC BONDING Nazi aidu Sate 825 5'a�a Street at Marks Sar, Francisco CA 94181 PERFORMANCE BOND CALIFOANIA - PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: THAT WE, IONIC CONSTRUCTION CO. (a partnership) as Principal, and . American Contractors Indemnity Company a corporation organized and existing under the laws of the State of California and authorized to transact surety business in the SI;Qte of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sun of One Hundred Seventy Thousand Three Hundred Sever and no1100 ------Dollars (11 170,370.00-----------), bawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby .bind ourselves, our heirs, executors, administrators, successors ans assigns, jointly and severally, firmly by these presents. THE CONDSTION.of the foregoing obligation is such that, whereas the above bounden Principal has entered into a contract dated with said CITY OF HUNTINGTON BEACH to do and perform the following work, to wit: Exterior Painting Huntington. Beach Civic Center NnW THEREFORE, if the above -bounden Principal shall well and truly perform, or cause to be performed, each and all of said requirements and obligations or said contract to be performed by said Principal, as in said contract set forth, then this bond shall null and void: otherwise it shall remain in full force and effect. SIGNED, SEALED AND DATED THIS 26th May, 1999 American Contractors Indemni SURETY Company By �\ Anthbny F. kngeltcola Attorney -in -Fact Attornay. iT nev J)C' t:/ C:; t? �ttGr s`6/y 05/26/1999 12:09 4154544231 IONIC CCNSTRUCTION FAGE 0Z CALIFORNIA <ALL VURPOSE ACKNOWLEDGMENT XCfi State of California County of Smass. On MAY 2 6 19" before me, (QurrIa logc� /�,11o�ORLI Public DoN Name and TiW of officer (e.p..'Jane Da. Notary fttite) r personally appeared Anthony F. Angelicola •� Nune(s) of 8lgrxr(e) .Rpersonally known to me O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized .:.,•, SUMAt,AYA lfAB capacity(ies), and that by his/her/their Comm-S 1202070 signature(s) on the instrument the person(s), or NOTARY ;'u.. c,►t IROAtjtAiri the entity upon behalf of which the City a cou„ty ut sad Fraecls000 aY. P person(s) GOMM, , Nov. V zw v2 - acted, executed the instrument ,:-w.ry WITNESS my hand and official seal. (i ' Puce N:owy Sea: Above &rat6m of Notary Publk OPTIONAL Though the Informaticn below Is not requirdrl by law, it may prove valueble to persons relying on the document and couid pravvnt fraudulent removal and reattachment of this fonn to another document. Description of Attached Document Title or Type of Document. Document dare: Number of Pages: Sigrer(s) Other Than N. -led Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Top of riWny !+6rs Corporate Officer -- Title(s): : Partner. Limited General Attorney. in Fact ..= Trustee Guardian or Conservator %. Othec �i Signer Is Representing:._ 1997 tlawnal Notary.Asaeeianon :'9 $o'.o Ave.. P.O. 5ox 2402 Cna:sworlh, CA 01313.2402 ' Pma. No. 5001 Reorder. CaU Tog -Free 1.800-876.6827 2:2-9 41545-423 P=SIC C=>ST=UCTIG��- Overt 3I1 cavesoonetnce ro: FIRST P.4CIF;C 9vMpItiG MIMI Ug. Sede 821� S Thin Street at Mafket San Franuyry C..4 94103 BOND NO. 93164 LABOR AND MATERIAL PAYMENT BOND CALIFORNIA - PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: THAT WE, CITY OF HUNTINGTON BEACH have awarded to IONIC CONSTRUCTION CO. ( a partnership) hereinafter designated as the Contractor, a contract for the work described as follows: Exterior Painting Huntington Beach Civic Center WHEREAS, said Contractor is required to furnish a bond connection with said contract, providing that if said Contractor, or any of his or it's sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, that the Surety on this bond will pay the same; NOW, THEREFORE,. we IONIC CONSTRUCTION CO. (a partnership) the undersigned Contractor as Principal, and American Contractors Indemnity Company a corporation organized and existing under the laws of the State of California and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH In the sum of One. Hundred Seventy Thousand Three Hundred Seventy----Dollars (4 170-370. 00------------) . said sum being not lss9 than one-half of the estimated amount payable by the said CITY OF HUNTINGTON BEACH under the 'terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, Successors and assigns, or sub -contractors. shall fail to pay for any materials, provisions or provender or other supplies or terms, implements or machinery used in, upon, for about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions' of Chapter 7, Title 1S, Part 4 of Division S of the Civil Code, and provided that the claimant shall ahve complied with the provisions of said Code, the Surety, or Sureties hereon will pay for the same Tit an -amount not exceeding the sum specified In this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay a-reasonable:attorney's fee to be fixed by the court. This bond shall Inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. SIGNED, SEALED AND DATED THIS 26th May, 1999 American Contractors Indemnity SURETY Company By: - Ant ony F. Angelicola- Attorney -in -Fact iv ^OU1?:I Attorney .i - Attorney 05`25r'1S99 14:3E. 4154544231 IONIC CONSTRUCTION PAGE 02 11 * ?SAM SOF CERTIFICATES CPXL.r'NYD----.-.. Wr».......,.,-u.,..... •.�...-,d- «�--^�.P, tii-•-*-- �^ 1; IF �?� (II•?.t ':"();;C;'r, `iU.4U f=r:?'>sCriil:2'1e�.1. ti ;}^-•S:; t{^i1I "�klNWlib��fA'trOta. • �G��Fi�l�'{':�: ��• 11l'C2,RK�:�"•iS' �:f;3N6.��P+{�3A�� N. INWRAME �` Sly ; ;�[ '•11J8TatiL3�'t7)i ��i� , 1 d :t' atT l, No a n,�Cli0, _ L T&RIUR PAI147 "'Wit ijv7t:. ct ran' •� fj'+!.'l+ Vt. Cliff !� OKit try i� C. A 5 lr.f: � riviver!S'lrrlltl{•:l ntut•:I lit', 1•'f;7U+t' t K. +fr•y +'t N if?t f`; AkV zl'oyoj 7r t If7 C'A HIT I'Vvf, . ! t31+}eb+}S CrtIHY�+<+sK'+ Iraf hS lfia IijCf It]t114r1 fhD'tJ}1: flhl' ih,� �crl:y ' ur c� El i!itc_�vlti7. 'f E-�. l.C-�lt` 1 ! i i't1C` .l.11 fvGi�v'1 Ciilli':.tlr �i } ff`C•bt.l1N ��.St'C:�T! IVIY_,r, 44 V�iy i a1.4�;11:; ;i! .+nyI", rIr';I+l,y j(,{if6 ` 4" !A1t r ht r � Its. y 4r �j f� 3'�!'' {�"�••C't� r <'llr;'�' .,! Q'ul;i +.fllfr I>•)+:.•Y .. r. r.,. i.. Ali." !.`r P} "� n.V, rr,.tr i:'xptl?Zfl�>rt.' 1 , q: V >l+li !1'i t l .y: st{T it' ^L'rf 'ftT* KIIsC J poii,;7,v tang ell:t9:, !hit u!,,jyct j -+;xt +1 ° '� a{� i [f�$ l �T'£lt�AF Wfurrjor:J )ry, 111: y o 'vv + flai�j6 a yrebi+? ivCliK+ f19 ruly.SF quirimlil! tar lt or r;nroi} r 11 of *fin vofrkq f,;i'r� e4�r`1P:r f(trF{ltrtt�t,l yylil� N#}V4 tf'1,'"�k r +I'i� t�Rl(�'��+i1S1 ! dnr <^ r7KiX hw t V.{(Y� .+f rfly(5' S`C'^l�1St'," �fTa bes!,L'f'l�f�^.(a' #ifiQ's:Uij 1,7y f1�E.' ��iN{C1fr� • r�^y,� !f#C"! Sl'1+7'l11 l7 $ttRjr�Cf k<;'�iti �Q'�#�ii^: fit i, ",1:.1rFSiP�'nG•til tCi fc1fY,!%It rl,^. Cil Jot Ii LCI• �fj5_ .. . ` � ;rrl r _;G f fan<.•e h ,.ri(C 1 r•Is•;.-trt. �'rw• - �{y. ' yr• :Y - ` r _ .. - � . Z11.11T. 4; T I,HGLIfi?iNtb 1�CF 4S), COBTa :1�k�[ ,fdillk}:i+FeTx,f ClYt3H�`%EE.,... . im 7!}�RliEbtT��a tr CirFaZFjOAS'y Ht7t.LlS Hi►^ It~ i ear £ttTlu+� . IS - 'TTL1lEf�;, 'ARr? r;ORRs tk'..ARRT OF i'tJ.LS pi71..1�:X- ,.e �a {{ r U�,�.i_}J4'G6.4. :•i:.;"1. !'�,ru r�.�r ,t.i�`.� ' ' 1h `�ti Il�'', = f ". ._ ,'� ... ... ,.j•. .. L, C e,5/26/1�99 12:09 41545442-31 IONIC XNS-RUCTION PAGE 05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . �!:��h.�: <<�ti :�; . 4� 4 .:`: ��'�: ^� �:GY.:C �:: <::.tic"'�.•^.i� ti:k'C�Y•l.Y'�"!`�<'.R)CC)a: c`L"<`��1�`�S}r!SCC`CC,�^C�G.'X_'•: C 'c'1'��^.'i.c"'!: <.S State of California ss. County of San Francisco On MAY 2 6 [494 -, before me, Sumalaya Lias. _Nctary Public. , Oaa Name and T* of ofter (e.g., •lauw Doe, Notary Pubk*; 0 personally appeared_- __ Antho_y F. Angelicola Narne(s) d Sigwrta) V personally known to me !r3-�overi-�-�e-ce�•4)�e-bf3sie-ott•�e�teFhory evidenee to be the person(s) whose name(s) islarot subscribed to the within instrument and acknowledged to me that he/pr. executed the same in his>ltoe7i taeit authorized capacity(ies), and that by his/6mAhaim SUMALAYq !� jA rt COMM. a 1x02sra •w tr`; ,.N0TARY F�C�CALW0RW G) 'ciy a"Untyofsonfrnc*"() COMbI_E7�p_trOV. Place Nowl sraa ADOre signatures) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES,,,S my hand and official seal. naw:e d Notwy Putdc OPTIONAL Though the infomration De/ow is not required by law, it may prove imfuable to persons relying on the doct.marf and -could prevent frsudulent removal and reattachment of this fort to another document. Description of Attached Document Title or Type -of Document: _ Document Date: Number of Pages: Signer(s) Other Thin Named Above: Capacity(ies) Claimed by' Signer Signer's Name: G Individual L Corporate Officer --• T'aie(s): 0 Partner -- r Limited General O Attorney in Fact rJ' Trustee I] Guardian or Conservatcr 0. Other: Signer Is Representing: r a;Hr TwIMPFRiHr C"f S:*W_NLH 0 1997 National Notary AfSO. r • a330 Ge So46 Am P.O. Boa 24)2 • Cha{a*om. CA 91313-2402 °rod. No. %)7 Re"k C4117o'-Froo i4W.9784827 e5r25'1999 12:09 4154544231 ION=• :�CNS-RUO`TION P,UE EE American Contractors indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS 1NDEM2QTY COMPANY, a California Corporation (the "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: ANTHONY F. ANGELICOLA as its taste and lawful Attorneys) -in -fact. in amount of S 4 ,6t)p,000.Ot} to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, reeognizances, contracts of indemnity and other writings obligatory in the nature thereof. which are or may be allowed, required or pennitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrumcnt(s) in pursuance of these presents, shalt be as binding upon the said AMERICAN CONTRACTORS INDEMMW COMPANY, as fully and amply, coal[ intents and purposes; as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and ;may.be certified to and nay be revoked, pursuant to and by authority of resolutions adopted by the Board of Detectors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting c4ed and bell on the . day of Deo�apb x;i 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attorney(s)-in-fact and to.authorize there to execute on behalf of the Cougmy, and attach the Seal of the Company thereto, bonds and undertakings,.contracts of indemnity and other writings obligatory in the name thereof and, 2. To remove, at any time, any such Attorney -in -fact and revoke the authority given. RESOLVED FURTHER, that the signature of such. officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile sigriatt m or facsimile seal shall be valid and binding upon the Company and any.sueh power:so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN NVrrNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate sea] to be affixed by its aufrized officer this Arh day of epri 1 ,19 -,1&- • Ta'�if� AMERICAN CONTRACT S NIPANY INOWotu;FD By: SFP1.2b,af90 4 Andy Faust, President STATE OF CALIFORNIA COUNTY OF LOS ANGELES nn April 8, 1998 belure me, B. C indec , personally appeared Apdy Faust personally known to me to be the person whose name is. subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 8. CMG goy Corrrrmttgon w tt»y90 ; =t= Nrgelst County # Corm. Eitii m May 48. aOpD J CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Adomey and affidavit; and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with, the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct:transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked• and is now in full force and effect. MAY 2 b 19" JN TESTIMONY WHEREOF. oive hereunto setirny hand this day of ,19 Albert Baumgarten,, S=etary i 5-25-1999 3:48PM FROM NEK INSURANCE INC. 15102353522 �p�/J P. 1 it, .. ;) I .. �I'.K W A COED . PRODUCER C4 _ F ;lle Ak _'I NEK INSURANCE, INC. 05/25/99 7: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. F.C. BOX 809 n EL CERRITO, CA 94530-19,16 COMPANIES AFFORDING COVERAGE COMPANY , A COMMERCIAL UNION WSURED IONIC CONSTRUCTION COMPANY Nick Stavrianopoulos 22 PIGEON HOLLOW RD. COMPANY C SAN RAFAEL, CA 94901-2346 COMPANY D "71,37 THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR -THE POLICY PERIOD iNDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. LT rYPEOFINSURANCE POLICY NUMBER POLICY EFFECTIVE QATE(MM/DD1YYj POLICY EXPIRATION DATE (MMIDONY) LIMITS 06NERAI, LIABILITY GENERALAGGREGATe s2,000 000 COMMERCIAL GENERAI. UASJUTY CLAIMS MADE 7X I OCCUR I I PRODUCTS - complop Am; s2 0t0'.000 PERSONAL & ADY INJURY $1,000,000 A OWNER'S & COkTRAc-roFzs PROT CALH 7 0 3 51 08/30/98 08/30/99 EACH OCCURRENCE S1,000,000 FIRE DAMAGE (Any wA fgw) $200,000 I MED EW (Any am person) s.5_1000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT s 110001000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pw $ A X iiiReoAuyos X NON -OWNED AUTOS CAL K70351 08/30/98 08/30/99 BCDILYINJURY (p6r steadem) $ DAMAGE 3 IPROPERTY GARAGE LIABILITY AUTO ONLY- EAACCOM S 2MR THAN AUTO ONLY ANY AUTO EACH ACCIDENT_ Ii AGGREGATE S r.XCe$$ u#muTy EACH OCCURRENCE 31,000,000 A �UMEIREUA FORM CALH70351 08/30/98 08/30/99 AGGREGATE S1,000,000 X OTHER THAN UMBRELLA FORM 3 WORKERS COMPENSATION AND EMPLOYEW UADILITY THE PROPRIETOR1 PAR7NERS/EXECUTIVE INCL OFFICERS ARE: APPROVED AS Tr" F,G)RIM GAIL HUT 111011N, City By��! _.Dei�u-LY City I ------ ' At-torneg ttorne.M 1TA IOTH- IS I 4WLM;? I - ELEACHACCIDENT EL DISEASE - POLICY LIMIT S EL DISEASE • EA EMPLOYEE 4 OTHER . I - DESCRIPTION OF OPCRATIONs/wc.A"rKwwEmmESISPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED PER ATTACHED FORM CG2010. PROJECT: EXTERIOR PAINTING CIVIC CENTER. 10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. NOUW ANY Of INC ABOVE DESCRIBED POUCI13 BE CANCELLED BEFORE THE CITY OF HUNTINGTON BEACH :XPIRATION DATE THEREOF, THE ISSUING COMPANY MULMANNA V6 MAIL ITS AGENTS, OFFICERS AND EMPLOYEES 3.0 13AVS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: STEPHEN MUTCH 17371 GOTHARD HUNTINGTON BEACH, CA ........... 1 W!A; 5-25-1999 3:49PM FROM NEK INSURANCE INC. 15102353522 P•2 ' ct 690 CG 20 1.0 10 93 (10•93) ADDITIONAL INSURE13—OWNERS9 LE45SEES OR CONTRACTORS (FORM B) his endorsement modifies Insurance provided under the followlnCt COMMERCIAL GENERAL LIABILITY COVERAGE PART "his endorsement changes the policy efif!ctive on the Inception date of the policy unless another date Is Indicated. SCUED ULE tame of Person or Organlzationt BLANKET CLAUSE VHO IS AN.INSURED (Section Ip Is amended to Include as an Insured the person or organization shown in the Schedule, but My with respect to liability arising out of your ongoing operations performed for that Insured. ADDITIONAL INSURED — CG201093 (FORM B) IT IS AGREED THAT ADDITIONAL INSUREDS ARE COVERED UNDER THIS POLICY AS REQUIRED BY WRITTEN CONTRACT, BUT ONLY WITH RESPECT TO LIABILITIES ARISING OUT OF -THEIR OPERATIONS PERFORMED BY OR FOR THE NAMED INSURED, BUT EXCLUDING ANY NEGLIGENT ACTS COMMITTED BY SUCH INSURED. THE INSURANCE UPORDED AN ADDITIONAL INSURED SHALL BE SUBJECT TO ALL THE TERMS, CONDITIONS, AND EXCLUSIONS OF THIS POLICY AND ALL ENDORSMENT.S ATTACHED THERETO. POUCYNUMBER; AGE11f COPY RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Approve Painting Civic Center Complex Bids MSC 403 COUNCIL MEETING DATE: I June 7, 1999 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable - EXPLANATION FOR MISSING ATTACHMENTS, EXPLANATION FOR RETURN OF ITEM RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: ACCEPT LOW BID FOR BUILDING REPAIRS, PAINTING AND WATERPROOFING OF THE CIVIC CENTER COMPLEX - M.S.C. 403 COUNCIL MEETING DATE: June 7, 1999 . RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS RCA Author: Robert F. Beardsley/Donald Noble PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) am a Citizen of the United States and a - CITY OF amount ework,fany las may lion of the work, as may be resident of the County aforesaid; I am HUNTINGTON BEACH NOTICE INVITING I' deemed necessary, or ex - pudilct by the Director of over the age of eighteen years, and not a SEALED BIDS MSC-403 All bids will be compared on the basis of the Director Pa rty to o r interested i n the below Notice -is hereby given_ that the City Council of the of Public Works estimate of the quantities of work to be entitled matter. I am a principal clerk of Caliof Huntington Beach, California will receive done. Substitution of securities the HUNTINGTON BEACH INDEPENDENT, a sealed bids for the Paint- ing of the Civic Center for any monies by the City to insure performance shall newspa er of general circulation printed P Complex M.S.C..403 in the City. of., Huntington) be permitted in accordance with provisions of the Cali-' and pu lished in the City of Huntington Beach, California in ac- cordance with the plans) fomia Government Code, Section4590. Each bid shall be made Beach County of Orange State of and specifications and spe= cial provisions on file in the out on a form to be ob- , tained at the office of the � / / California, and that attached Notice is a office of the Director of I Public Works. Documents � will be available on April9,l Director of Public Works, Development. Wing, 20001 true and complete copy as was printed not r u charge i $be re -I 00,1 not refundable, will be re-i Main Street; Huntington Beach, California shall be � filed the and published lit the Huntington Beach quired for each set of spec- i ifications and accompany- sealed and with City Clerk at the Civic Cen- ter, Second Floor Adminis- and Fountain --Valley Issues. of said ing map. Mandatory job walk will tration Building, 2000 Main Street, Huntington Beach, newspaper to wit the issue(s) of: take place on Friday I April 16, 1999. at 10:00 a.m. In meeting room B-6� California, on or before 10:00 a.m. of April 26, In accordance with thel provisions of Section 17731 1999, and shall be opened by a committee composed of the Labor Code, the; State of California, Director of the City Clerk, the City Attorney and Director of April 15, 1999 of the. Department of In- dustriat Relations shall de= Public Works or their au - thorized . representative April 22, 1999 termine the general l prevailing rate of wages, and the results of said bid - ding will be reported to the applicable to the work to be done; copies of the latest City Council of said City of Huntington Beach at their general wage rate de- terminations are on file at - regular meeting to be held on Monday, the 17th of the office of the City Clerk and o Public May, -at the hour of 7:00 _ in the City Council I declare under penalty of perjury, that / Works of the City. of Hunt- Works f the City Chambers in the Civic Chap.mmbers Center of said City of Hunt - the foregoing is true and correct. on ington Beach, California. and ,specifi- ington Beach and shall be upon cations,, together 'withI proposal form, may be ob-i acted ;by said -,City - Council at "the regular tained at the office of the Director of Public Works, I meeting of May 17, 1999. The City of Huntington Executed On April 2 2 19 9 2____ City_ Hall, Huntington Beach, California. I Beach,`California reserves the right to reject any or all bids and to accept the bid , at Costa Mesa California. No bid will be received unless it is made on a _ deemed for the best in- / blank form furnished by the Director.of Public Works. terest of the City of Hunt- in ton Beach, California. The special attention of Zy Order of the City prospective bidders is called to the proposal re- Council of the City of Hunt - ington Beach, California quirements, set forth in the specifications, for full direc- this 5th of April, 1999. ATTEST: tions as to the bidding. The City of Huntington Connie brockway City Clerk Beach does not express or by implications agree that Published Huntington Beach -Fountain Valley In - the actual amount of work will correspond therewith .dependent April 15, 22, 1999 .. ..Signature but reserves the right to in- 043_790 _ crease or decrease 'the 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: April 15, 1999 April 22, 1999 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 22, 1999 at Costa Mesa, California. Signature CITY OF amount ofany class or por- HUNTINGTON BEACH tion of the work, as, may be deemed .necessary or ex - NOTICE INVITING NOTICE by the Director of SEALED BIDS Public Works. MSC-403 All bids will be compared Notice is hereby given of on the basis of the Director of Public Works estimate of it hereby that the Citythe y the quantities of work to be City of Huntington Beach, don. California will receive sealed bids for the Paint- Substitution of securities for any monies by the City ing of the Civic Center to insure performance shall Complex "M.S.C. .403 in be permitted in accordance the City of Huntington Beach California in ac- with provisions_ of the -Calk "Code, cordance with = the, plans fornia Government Section 4590. and specifications and spe- Each bid shall be made cial provisions on file in the out on a form to be office of the Director of .ob- tained at the office of ,the Public Works. Documents Director of Public"Works, 'Development will be available on April 9, Wing, 2000 1999. A charge of $35.00, Main Street,- Huntington not refundable, will be re-. Beach; California shall be° quired for each set of spec- sealed and filed with the ifications and accompany-, City Clerk at the Civic Cen- ing map. job walk will ter, Second -Floor Adminis- -Mandatory take place on Friday tration Building, 2000 Main Street,:Huntington Beach, iApril 16, 1999 at 10:00 California, on or before a.m. In meeting room B-6 10:00 a.m. of April 26, In accordance with the 1999, and shall be opened provisions of Section 1773 by a committee composed of the Labor Code, the of the City Clerk, the City i State of California, Director Attorney and Director; of of the Department of In- Public Works or their au- dustrial Relations shall de- the general thorized representative pevtermine rate of wages, and the results of said bid - ding Will be reported to the applicable applicable to the work to be City Council of said City, of. done; copies of the latest Huntington Beach at their 'general wage rate de- regular meeting to be held ,terminations are on file at on Monday, the 176 of the office of the City Clerk May',' at the hour of 7:00 and the office of the Public p.m. in -the City Council Works of the City of Hunt- Chambers in the Civic ington Beach, California. Center of said City of Hunt - Quantities. and specifi- cations, together -...with ington Beach and shall be acted upon by said City ;proposal form, may, be ob- ,tained at the office of the Council at the regular meeting of May 17, 1999. (Director of Public Works,' The City of Huntington City Hall,- Huntington_ Beach ,,California reserves Beach, California the right to reject any or all No bid will be received bids and to accept the bid unless it is made on a - -- ^in- `blank form furnished by the deemed for the best 4 Director of Public Works. terest of the City of Hunt - The special attention of ington Beach, California. prospective bidders is By Order of the City I called to the proposal re- Council'of the City of Hunt-- quirements, set forth in the ington Beach, Califomiai specifications, for full direc- this 5th of April, 1999. tions as to the bidding. ATTEST: The City of Huntington Connie brockway Beach does not express or City Clerk by implications agree that Published Huntington i the _actual amount of work Beach -Fountain Valley In-" !will correspond therewith .dependent April 15, 22,, but reserves the right to in- 1999 crease or decrease the 043-790 RECEIVED I CITY CLERIC CITY OF j HUNTINGTON PEACH, CA Iggg NAY — 5 A ca. 01 RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH. CA i Iggq'.lhY - 5 A 9- 5q n , a RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH. CA 1999 MAY _ 5 A 0: 0 0 CITY OF H=INGTON BEACH NOTICE INVITING SEALED BIDS MSC-403 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the Painting of the Civic Center Complex M.S.C. 403 in the City of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on April 9, 1999. A charge of $35.00, not refundable, will be required for each set of specifications and accompanying map. Mandatory job walk will take place on Friday April 16, 1999 at 1000 in meeting room B-6 In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Public Works of the City of Huntington Beach, California. Quantities and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. N-1 _:, Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 10:00 a.m. of April 26, 1999 , and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Mo_ nday, the 17th of May, at the hour of 7:00 p.m. in the City Council Chambers in the Civic Center of said City of Huntington Beach and shall be acted upon by said City Council at the regular meeting of May 17, 1999. The City of Huntington Beach, California reserves the right to reject any or all bids and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By Order of the City Council of the City of Huntington Beach, California this 5t" of April, 1999. ATTEST: Connie Brockway City Clerk N -2 Vrt r Ur HUNTINGTON BEACH N TII .I ITING K_7CLED BIDS MSC-403 Notice is' hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the Paint- ing of the Civic Center Complex M.S.C. 403 in .the- City of Huntington Beach, California in ac- cordance with the plans and specifications and spe- cial provisions on file in the office of the Director of Public Works. Documents will be available on April 9, 1999. A charge of $35.00, not.refundable, will be re- quired for each set of spec- ; ifications and accompany- ing map`. Mandatory job walk will take place on Friday I April 16, 1999 at 10:00 a.m. in meeting room B-6 In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of In- dustrial Relations shall de- termine the general prevailing rate of. wages, applicable to the work to be done; copies of. the latest general wage rate de- terminations are on file at the office of the City Clerk and the office of the Public Works of the City of Hunt - in Beach, California. Entities- and specifi-, cations, together, ' with; proposal form may be�ob , i tamed at the office of --NO Director of Public Works,. City. Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called• to the proposal re- quirements, set forth in the specifications; for full direc- i tions as to the bidding: i i The City of Huntington Beach does not express or by implications agree that the actual amount of work ' will correspond therewith I but reserves the right to in- crease or decrease the amount of any class or por- tion of the work, as may be. deemed necessary or ex- pedient by the Director of t Public Works. All bids. will be compared I on the •basis,of, the Director of Public Works estimate dt the quantities of work to be done:. . f Substitution of _securities for any monies by.the City to insure performance shall be permitted in accordance with provisions of the Cali- fornia Government Code, Section4590. , iEach bid shall be made out, on a, form to -,be; of Development'Wing, 2000 Main Street Hu tnngton ,beach, all be staled and filed with the City Clerk at the Civic Cen- LEY ter, Second Floor Adminis- tration Building, 2000 Main 'Street; Huntington- Beach; California, , on or before 10:00 a:m. of , April 26, 1.999, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of . LOT Public Works` or their au- thorized representative and the results of said bid- ding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday,, the 17th of May, at the hour of 7:00 p.m. in the City Council Chambers in the Civic Center of said City of Hunt- ington Beach and shall be acted upon by said City Council at . the regular meeting of May 17, 1999. The City of Huntington Beach, California reserves the right to reject any or all bids and to accept the bid _deemed for the best in- `terest of the City of .Hunt- ington Beach, California. By Order of the. City Council of the City of Hunt- ington Beach, California this 5th of April, 1999. ATTEST: i Connie brockway City Clerk Published Huntington Beach -Fountain Valley In - Client Reference # Independent Reference # /4z 3 791� dependent.April 15;',22, ase find clipping of your ad from the ,1999 1_ 043-790,', beginning If you need to make any changes or corrections, e call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (714) 965-7174 FAX Sincerely, 7 J dy O`fatting Manager �- Legal Advertising Department CITY OF HUNTINGTON BEACH cA tw Le -,bPW P/99 � rUoble _ Ply/ YVic1NCN — PW MEETING DATE: Council/Agency Meeting Held: e/- I-- 99 Deferred/Continued to: aApprov.qd ,,.,0 Conditionally Approved _ i7 Denied DEPARTMENT ID NUMBER: ICouncil Meeting Date: I Department ID Number. CITY OF HUNTINGTON BEACH REQUEST FOR ACTION I' SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS UB ED BY: RAY SILVER, CITY ADMINISTRATORAOJ " , > PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK SUBJECT: APPROVE BID SPECIFICATIONS AND AUTHORIZE SOLICITATION OF BIDS FOR BUILDING REPAIRS, PAINTING AND WATERPROOING OF THE CIVIC CENTER COMPLEX AND APPROVE SAMPLE CONTRACT — M.S.C. 403 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Statement of Issue: Plans and specifications have been prepared for the renovation of the Civic Center complex. Funding Source: The total estimated cost of this project is $596,000. The 1998/1999 approved budget includes $400,000 for the renovation of the Civic Center complex in fiscal account E-CP-AS- 301-6-39-00 (Capital Improvement Projects). An additional appropriation of $196,000 from the City's unappropriated General Fund balance is needed to fully fund this project. Recommended Action: Motion to: 1. Approve the bid specifications and authorize the Director of Public Works to solicit construction bids for the renovation of Civic Center complex; 2. Approve the attached Sample Construction Contract subject to award of contract to lowest responsible bidder; 3. Authorize Director of Finance to appropriate $196,000 from the City's unappropriated General Fund balance. REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: Altemative Action(s): Deny approval of Recommended Actions and forego renovating of the Civic Center complex. Analysis: The overall exterior of the Civic Center complex has deteriorated substantially over the last two years. As a result, several of the buildings are no longer watertight. Additionally the interior walls in the emergency stairwells in the five -story structure are disintegrating because rainwater continues to leak into the walls. Accordingly, staff has prepared plans and specifications for the renovation of the Civic Center complex, that include the following recommended repairs: Recommended Repairs Repair Description Estimated Cost 1. Repair, waterproof, and paint the $358,000 exterior of all buildings. 2. Replace roof on five -story $165,000 structure. 3. Replace cooling tower, for air conditioning system, on the roof of *N/A five -story structure. 4. Resurface, exterior redwood $19,000 ceilings at several locations. 5. Repair concrete slabs in the common areas. $19,000 6. Repair the helipad on the roof of $13,000 the five -story structure. 7. Clean/repaint the water fountain. $9,000 Total Estimated Cost: $596,000 * The cost of this work is included in the City's Energy Retrofit Project. REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: Based on the professional opinion of building renovation experts, it is recommended that the roof and cooling tower be replaced prior to painting of this structure. Accordingly, the painting of this structure, as scheduled (Attachment #1) will not be completed until September 1, 1999. The estimated cost of renovating the Civic Center Complex is $596,000. Of this amount, $400,000 is included in the 1998/1999 approved budget. The unfunded needs list memo presented to Council on February 26, 1999, include $300,000 of additional funds for these purposes. Therefore, the additional allocation of $196,000 from the City's unappropriated General Fund balance is necessary if all recommended work is to be completed. In March of 1998, Council adopted a motion stating that there shall be no additional General Fund appropriations unless one of the following criteria is met: 1. It is an unanticipated emergency. 2. Costs required to implement labor negotiations. 3. New expenses that are offset by related new revenues. The deterioration of the Civic Center Complex caused substantial damage to the emergency stairwell walls. Should these walls fail, utilization of the stairwells would not be permitted thereby precluding their use in the event of an emergency. The repairs of the stairwell walls are included in this project, therefore, this renovation project constitutes an emergency appropriation of unappropriated General Funds. Environmental Status: N/A 2 3 Sample construction contract Financial Impact Statement Construction Schedule RCA Author: Robert F. Beardsley/Donald Noble REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: ATTACHMENT Sample Construction Contract 99rca06.doc -4- 03/25/99 4:12 PM Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR WATERPROOFING OF THE CIVIC CENTER FACILITY TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. GHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEE 15 32. ENTIRETY 16 SAMPLE J mp/k/a gree/waterp rf/08/17/98 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR WATERPROOFING OF THE CIVIC CENTER FACILITY THIS AGREEMENT, made and entered into this day of 1998, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as waterproofing of the Civic Center facility, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or 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 all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner SAMPLE J m p/k/a g re a/wa to rp rf/08/17/98 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 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 CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California 2 SAMPLE J m p/k/a g re e/wate rp rf/08/17/98 chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of 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 _ Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 3 SAMPLE J mp/k/a gre a/waterprf/08/17/98 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 provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and 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 CITY 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 4 SAMPLE J m p/k/a g re e/wa to rp rf/08/17/98 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 will be available on the date the Notice to Proceed is issued. In 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 of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent 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 workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace 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. 5 SAMPLE J mp/k/agree/waterprt/08/17/98 10. 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 and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason 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 or subcontractors due to such causes. 6 SAMPLE Jmp/k/a gre e/waterprf/08/1 7/98 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 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 to 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 claims 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. 12. 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 7 SAMPLE J m p/k/a g re a/wa to rp rf/08/17/98 investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (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. 13. 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 facts 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. 14. 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 amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 8 SAMPLE J mp/k/a gre a/waterprf/08/17/98 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 payments 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, 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. 9 SAMPLE J mp/k/a gre a/waterprf/08/17/98 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold 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. 19. 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. 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. 10 SAMPLE J m p/k/a g re a/wa to rp rf/08/17/98 20. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 11 SAMPLE J mp/k/a gre a/waterprf/08/17/98 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the 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 hereinabove 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. 22. 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 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. 12 SAMPLE J mp/k/a gre a/waterprt/08/17/98 23. DISPOSITION OF PLANS, 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. 24. 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. 25. 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 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, 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. 27. 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 13 SAMPLE J m p/k/a g re a /w a to rp rt/08/ 17/98 be made, at the place of business of such party, or to any other place designated in writing by such party. 28. 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. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. 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 services expenses incurred by CONTRACTOR. 31. 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. 14 SAMPLE J m p/k/a g re a/wa to rp rf/08/17/98 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/PresidentNice President um b By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator J mp/k/a gre a/waterprf/08/17/98 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: rf CityAttorney"iov'59 INITIATED AND APPROVED: Director of Public Works 15 SAMPLE REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: ATTACHMENT 2 Fiscal Impact Statement 99rca06.doc -5- 03125199 412 PM CITY OF HUNTINGTON BEACH ;L INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 98-23 Appropriate Bid Specifications and Authorize Solicitations of Bids for Building Repairs, Painting, and Waterproofing of the Civic Center Plaza and Approve Sample Contract — M.S.C. 403 Date: March 18, 1999 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Appropriate Bid Specifications and Authorize Solicitations of Bids for Building Repairs, Painting, and Waterproofing of the Civic Center Plaza and Approve Sample Contract — M.S.C. 403." If the City Council approves this action, (total appropriation $196,000), the estimated unappropriated, undesignated General Fund Balance at September 30, 1999 will be reduced to $7,770,232. Jahn Reekstin, Director of Administrative Services 4 Fund Balance General Fund op aCurrent Budget . Estimate Beginning Fund Balance 10/1/98 (unaudited) $ 8,987,000 $ 8,987,000 Plus: Estimated Revenue 107,860,642 109,108,000 Less: Estimated Expenditures (109,890,397) (109,399,000) Less Pending/Approved FIS's (729,768) Less: FIS 99-23 - (196,000) Estimated 9/30/99 Balance $ 6,957,245 $ 7,770,232 Estimated General Fund Balance at September 30, 1999 $9,000,000 $8,000,000 i y $6,000,000 s .. $5,000,000 $4,000,000 $6,957,245 $7,770,232 $3,000,000 u $2,000,000 3 _ 3 y { � fC ADOPTED BUDGET CURRENT ESTIMATE REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: ATTACHMENT 3 Construction Schedule 99rca06.doc -6- 03/25/99 4:12 PM Blue = Red = Green = Painting Roof Tower KEY DATES I DESCRIPTION OF ACTIVITY April 5, 1999 Painting Plans and Specifications to Council for approval April 6, 1999 Plans and Specifications out to bid April 30, 1999 Painting bid opening May 4, 1999 Begin replacement of roof on five story structure May 17, 1999 Painting low bid to Council June 25, 1999 Roof replacement is completed June 28, 1999 Begin replacement of cooling tower on five story building June 28, 1999 Begin painting of smaller Civic Center Complex Building (i.e. P.D. and Council Chambers) July 15, 1999 Cooling tower replacement completed Painting of Police Facility completed July 25, 1999 Painting of Council Chambers complete August 16, 1999 Begin repairs/waterproofing/painting of five story building September 1, 1999 Painting of five story structure complete RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: MSC 403 Painting Civic Center Complex COUNCIL MEETING DATE: Aril 5, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Attached Bonds (If applicable) Not Applicable Staff Report If applicable Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable RCA Author: Robert F. Beardsley/Donald Noble -4D3 MSC 49MId Summary It.. No. Nm of Work Approdme4 Ou Fir PenSrp LIM Pncina XIOS Pam" Unit Prkn SOLO-st Coed,' M6 N 1icn PS2 U t pricing Paled 6 Ddcor Unit Pking Meer Conatruc6on Unk Pricing Loo's AC Inc. UM Pricing Ionic Consouction Unk Pricing Lam Panti g Ud Pricing Alamo Painting lhi Pfkina Astro Pb** UM Pfk lna 1 Coldplan Per sq.f, 124,000 S.F. $1.10 $0.80 $1.55 $1.40 $1.09 51.60 $220 $123 $1.25 $1.18 $1.26 2 Pnpradon and Panting of IM Suki is Inckr w Rafnps and Floors 2 FA $13,000.00 $7,500.00 $5,500.00 $4,000.00 s4,900.00 s16,000.00 $21.000-00 $9,000.00 $9.500.00 3 Prpan6on 6 Pannp of Heaped, includingCaulk, of Jolt. 500 S.F. $2.00 $3.00 $225 $6.00 $18.60 $6.00 $4.00 $14.00 $20.00 $6.50 $2.00 4 Cautlkp of Concrete Cost per L.F. 4,000 L.F. $3.00 $3.00 $2.50 $2.00 $3.11 $4.00 $5.00 $0.65 $2.00 $2.50 $4.00 5 Grirdnp of Concrete 500 L.F. $3.00 $3.00 $3.00 $5.00 MAO $2.00 $4.00 s1.50 $2.00 $15.60 $10.00 6 Cardkirrq of Wncloars 13,0W L.F. $2.00 $2.00 $2.00 $2.75 $4.62 $2.25 $6.00 $0.35 $0.75 $4.60 5350 7 Rellnah Redwood Cearrp 13,000 L.F. $0.80 $1.00 $0.65 $0.50 $0.73 $1.80 $2.00 $0.19 $0.40 $2.95 $0.80 Inckd'e g Paid, MaW Trio 6 Pant Gas Island Campy L.S. $1.000.00 $4,600.00 $1.500.00 $800.00 $1,640.00 $4.000.00 $1,000.00 $3,000.00 $5,000.00 $4.100.00 SIp00.00 9 PrplPakdM.Wh Founlan L.S. $200.00 $6.000.00 $70.00 $2,000.00 $4,360.00 $6,000.00 $2.000.00 $1,000.00 $1,500.00 $2.400.00 56,000.00 10 Prop l GutU Fountain L.S. $200.00 $5,000.00 $70.00 5800.00 $6,940.00 $6,000.00 $5.000.00 $1,000.00 $1,600.00 $2.400.00 512,000.00 Approdmate Ouardees tines ud rxa S'a I$213,703.00 I $102,803.00 I $250,919.00 I $239.955.00 I $348,602A0 I 5343,352.00 I 5424,504.00 I $174,641.50 I $212.452.00 I s267,135.60 I $207.410.00 i �3 05 04/99 TVE 08:43 FAX _ r Z0 3 HE i :IT`7 ,IAM 1 - AVL; )ENDUM Rol. 4-19-99 Co i31p PROPOSAL FROM Firms Name i o the Honorabie Mayor and City Council, City of Hunfgton Beach, Calitornis: in compliance with the notice' inviting sealed proposals for the IPainUng of the Civic Center Comp!.-. M.S.C. s03.�Rrftvl A`.91 49A, 4060 I nareby propose and agree to enter into a contract to perform the work herein described a:1d to furnish the mate►ysls therefore according to the route schedules. specifications and soocfal provision:; for the said .wo ri a���i ZG Tia oaauuia%Uon of and' uadei\`c* cif Z;aie C;LeClai of Fubiii;; Works Gi.said Viiy 0 Huntington Beach, Cehfomia. True undersigned has not accepted any bks trorn any subcontractor or malorialman throagh any bld depository, the bV-laws, rules or regulations of which prohibit cr orevent the contractor frorr eonsiderina d;iy bid deposituiy, vi w;rior`r pf*Vawm 4riy sub �'ivaViQ1' Of- mahwuimari horn oidding io ary contrac:or who does not sue the facilities of or accept bids from or through such bid depository. nor the runimnrng of an Iapor, materiars wo equipment, and or all Incidental *o* necessary to deliver all the Improvements complete in place In strict conformity with the route schedules, specil'icatlons aid sp"81 provlstCr;S. on tale h1 the office of the Mrsct0e v'i p4biiC '�!'lv/wa, ;:;iiy Ji 'tiuiiiiir�ivil Z+vct� 1, California, I propose and agree to take full payment therefore at the following unit prices. to wit: " ITEsA 0_PR CXIIWATE ITEAA WH UNIT PRICE _ _ UNIT NO. QUANTITY WRITTEN IN WORVIR pp mE I TOTAL 1. I 124,000 5.F, PAVfT'INC3 OF BUi DLDLNGS. iNCLuDIN ' j CAULKING OF EXPANSION JOINTS. I I I AT `0 0 PER S.F. I ' �� I�-TIwo 1 2- 1 2 EA. PREPARATION AND PAINITNG OF TH INCLUDING PTA!RWELL& RAILINGS AN 001) - 000 k000d AL�OORS -0 PER EA. �. 500 .F. PREPARATION & PAINTING Or hi; i�IrRu. INCLUDING KIN OF JOINTS 1 Ip� KID()'000 a. a.000L.F. Of CONCRETE I ITAULKIN ' I ! AT PER L.F. 5. 500 L.F. I GRINDING OF CONCRETE AT PER L.F. I 1 • �0 1 j I fi. 13,000 L.F. CAULKING O&VADOWS AT PER L.F. w SS" �\�O 7. 13.000 S,F. REFINISH REDWOOD CEIUNG. iivVLV ViNG PAINTING OF ME"I AL TRIM AT PER S-F. ` 19 P-1 05.0499 TIT 08:44 FAX 10004 U4}'_lil l'3'39 0'3: =''' 714--Z75--5095 HE i'IT': .'AIRI, v AvDENDUM N0.2, s-19-99 OPTIONAL CONTRACT ITEMS 8. 1 EA. LUMP SUM. PAINT G�3 ISLANU CANOPY AT �0000 --- PER L.S. 31�� f �i')CJ,•.� 9. 1 EA. LUMP PREP/PAIlTiREFINISM FOUNTAIN AT PER L.S. SUM. 30 010 �low 10, +++ 1 EA. LUMP i SUM. PAP G FOUNTAIN `AT_O -- PER L.S. ,- ' CIO -f Y F . CITY OF HUNTINGTON BEACH .. 2000 Main Street P.O. Box 190 California 92648 Robert F. Beardsley, P.E. Director Notice To All Bidders: Department of Public Works (714) 536-5431 Painting of the Civic Center Complex And Common Areas MSC 403 April 16, 1999 Please note the following modifications, and/or deletions to the specifications. 1. Replace pages P-1 through P-4 with the revised pages P-1 trough P-4 All bidders shall acknowledge the receipt of the Addendum Number 1 by including this letter with their bid proposal. These revisions do not change the Bid Opening date for this project. Should you have any questions regarding this Addendum Number 1, please call me at (714)375-5021 Thank you, - Ac _ Stephen Mutch Contracts Administrator This is to acknowledge receipt and review of Addendum Number 1, dated March 17, 1999. The revisions discussed and outlined in this addendum shall b ' cluded in the project bid documents. L � Company Name > Date ADDENDUM.No.1, 4-16-99 BID PROPOSAL FROM Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the Painting of the Civic. Center Complex M.S.C. - 403. Revised April 16, 1999. I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the route schedules, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the route schedules, specifications and special provisions, on file in the office of the Director of public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1. 124,000 S.F. PAINTING OF BUILDINGS (.23 AT PER S.F. -23 2. 500 S.F. PREPERATIOO&PAINTING OF HEILIPAD AT �[}y PER S.F. 00 ODO 3. 4,000L.F. CAULKING O �ONCRETE AT PER L.F. 4. 500 L.F. GRINDING OF ONCRETE q° AT i .I PER L.F. . JC-0 4. 13,000 L.F. CAULKING OF WINDOWS 3rj AT . PER L.F. .357 4-9�0 5. 13,000 S.F. REFINISHR WOOD CEILING 00 AT PER S.F. (9 �o I 1 OPTIONAL CONTRACT ITEMS 6. 1 EA. LUMP PAINT GAS ISLAND CANOPY �o SUM. AT PER L.S. 3 o0n 7. 1 EA. LUMP SUM. PREP/PAINT/REFINISH FOUNTAIN AT PER L.S. yr I o0o ' 1000 , 8. 1 EA. LUMP PREP GUNITE FOUNTAIN oa SUM. AT PER L.S. Voo I ( 00 P-1 ADDENDUM.No.1, 4-16-99 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds with ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned understands the contract time limit allotted for the contract is 60 working days. The undersigned has examined carefully the site of the work contemplated, the route schedules and specifications and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the propos�14 ro a ched s, specifications, and the contract. � m n in this ro osal is ��O'4 �� Acco pay g p p($ ` ). NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above name security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. Wig Signature of Bidder Business Address n� A Place of Residence &tk 4kiL Dated this J day of AX eii 19�� Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bid er's Signature P-2 ADDENDUM•No.1, 4-16-99 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to sup `'"' ply the following information. Additional sheets may be attached if necessary. 1. Firm Name: 'J ri N kC t Ssl �0 (--T, o 1 C"0 2. Address Qt �� 1 OW �-�+ 3. Telephone;01 4. Type of firm -individual, partnership, or corporation: 04 I. "rs Wlt 4P 5. Corporation organized under the laws of the State of: 6. Contractor's License Number: i"VS-1 g 7. List the names and address of all members of the firm or names and titles of all officers of the corporation: Ncc-K S-Tm Ill(�nIo POO('0-S 8. Number of years experience as a contractor in street sweeping work: 9. List at least six projects completed or currently under contract as of recent date: CONTRACT AMOUNT CLASS OF WORK DATE - COMPLETED OR CONTRACT DURATION REFERENCES NAME, ADDRESS & PHONE NUMBER OF OWNER. W 10. List the name of the person who inspected the sites of the proposed work for your firm: SPYKOJ 4VE-ON I CIS 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of this current financial condition. P-3 ADDENDUM No.1, 4-16-99 DISIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work on labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER I CLASS By submission of this proposal, the contractor certifies: That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by subcontractor for this project. r AAMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BOULEVARD, W�U$6c1WXLOS ANGELES, CALIFORNIA 90045 (310) 649-0090 9th Floor, BOND NO. 78170 - EE PREMIUM n/a. BID DATE: 4/26/99 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Ionic Construction Co. ( a partnership) 22 PiEeon Hollow Road, San Rafael, California 90045 (hereinafter called Principal), as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of California (hereinafter called Surety), as Surety, are held and firmly bound unto THE CITY OF HUNTINGTON BEACH (hereinafter called Obligee) in the penal sum of Ten percent ( 10 %) not to exceeed TWENTYFIVE THOUSAND AND NO/100--------------------------- --------------------------- ------------------------------------------------------- Dollars ( 5. 0 0 0. 0 0 ------------------ ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Painting the Civic Center Complex NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said contract; or if the Principal shall fail to do so, pay the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 19th DAY OF _ April , 19 99 onid/Cbnstruction/-Qo. (a partnershi CONTRACTORS INDEMNITY COMPANY By: Li Anthony F. Angelicola Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Francisco On 1APR 1 9 1999 before me, Sumalaya Lias, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Anthony F. Angelicola Name(s) of Signer(s) SUMALAYA LIAS Q COMM. # 1202876 y NOT ARY PUBLIC-CALIFORNIA� City & County of San Franclacon off COMM. I NOV. 22, 2002 j Place Notary Seal Above gl personally known to me E 9f9Y,ed-4o-me- r+-4he-basis-4 satisfaeitory ev+deFtee to be the person(s) whose name(s) is/ara subscribed to the within instrument and acknowledged to me that heifsbofteW executed the same in hiskm*I)Iwk authorized capacity(ies), and that by his/Itlmi:oc signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. di3/a, p�/G1ry Si ture of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: E.Individual . Top of thumb here Corporate Officer — Title(s): Partner — r Limited 7— General Attorney in Fact L Trustee rl Guardian or Conservator u Other: Signer Is Representing: © 1997 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 A American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: Anthony F. Angelicola as its true and lawful Attomey(s)-in-fact, in amount of $ 1, 500,000.00 to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 17 th day of December , 19 98 r9Q l n26,1"D STATE OF CALIFORNIA COUNTY OF LOS ANGELES AMERICAN CONTRALTOS ' r iWANY By: (,'/ Andy Faust, President On December 17, 1998 before me, B. Caindec , personally appeared Andy Faust__ personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. B CAINDEC Co"Irni slon 0 10"M 9MV Notary RING — Co forma44Los Art"m County Comm. E)q*w May 28. 2000 CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. fAPR 1 9 1999 IN TESTIMONY WHEREOF, I have hereunto set my hand this day of , 19 Albert Baumgarten, Secretary 05, 04 99 TUE 08:44 FAX IOUOS FA, E l'i'+ Ai MNDUM No.2. 4-19.99 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bins and that the contra^!-nts corr.per!a"n will be computed upol. th" ima.'a ul the acivai quaiutioev* in x4a c"pieiec worn, wr,atner iney be more or hiss than those shown herein at the unit prices bid in the proposal schedule. if awarded the contract, the undersigned hereby agrees to sign said contract and furnish die necess oy bonds with ten (101 days from the date of approval of the contract by the City of Huntir,oton Be25:h, CaiifonTi iid. The undersigned understands the contract time lknit allotted for the contract is •50 working dais_ The undersigned has examined carefully the site of the work contemplated, the route schedules and specifications and the proposal and contract fortes therefore. The submission of a bid shall te conaus ve icv;Je 7n wat tt* Liddes' iroa iommiiyeieo sW is valiblrW as (u the WrmijiOns it) be encountered, as to the chanacter, quality. and scope of work to be performed. the quantities of materials bo be furni:rhed. and. as ♦.- Ma ._-b:=_ u6s =pecr 1aabons, and Vie, Accompanying this propose.��__0�� _) NOTICE' Insert the words "Cash 'Certified Check,' or 'Bidder's Bond,' tr the a case may be, in an W.V"M egUra'k to at ie8,a� 1 v Piii.�" -.i ui wia iotai bia pinc?, payai+ii+ iii Zriie City o5 Huntingon ik-acn The undersigned deposits the above name security as a proposal guaranty and agrees that It shall be forfeited to the City of Huntington Beach as liquidated darnages In case this proposal Is accepted by the vS'y anG V+ J>eii ibii'iv cxfr:►iies a Wtiixaci-ios doing aeio woiic and M Tumim good ana sufficient hands in the form set forth In the specifications and contract docum,.rits of the City-, with surtty :.+..s_.:►_, �w t.r:e Ct @.,,' 1C cL-Y1- z!►. . tl :, .`.:.4.ar has received written notice of the ;award O+ iiyv contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract Lk:ense No. TQQQ c C)001,2,0� 10 11Q Siproture of 7 idd.trr Business Address � qkc�eo �4 ,alFeNA �4 4*4:-, 1 `- z I 1 ! I o i-lace of Residence i1i W oU % `� t,Pe' CA Or-m r 1 Dated this day of , t94. Bidder shall signify receipt of all Addenda here. if any: Addendum No. Deb I i9celved 1 'i i � I P-3 8td_ dat'ttiSlgnetur�� IONIC CONSTRUCTION CO 22 PIGEON HOLLOW RD SAN RAFAEL, CA 94901-2346 415-454-3700 COMPLETED CITY CONTRACTS 1. San Mateo Foster City School District Alterations Fiesta Garden International School Awarded in 1995 completed 1995 General Construction Contract Amount $219,000 No change orders. Completed on time Pat Dalton 650-312-7777 Funded by San Mateo -Foster City Unified School District. 2. San Mateo Foster City School District Highlands Elementary School Ventilation System Awarded in 1996 Install Air Conditioner Units Contract Amount $131,485 One change order in the amount of $2,587.00. Completed on time Pat Dalton 650-312-7777 Funded by the San Mateo Unified School District. 3. San Francisco Unified School District Improvements International Studies Academy Light Fixture Retrofit Awarded in 1997 Contract Amount $68,506.50 One change order in the amount of 2,793.50. Completed on time William Chow 415-695-5667 Funded by the San Francisco Unified School District 4. Alum Rock Unified School District Exterior Painting 10 Schools Awarded in 1996 Contract Amount $264,387.00 lyb�) 3 zZ` 3 2,05 One change order in the amount of $13.481.24. Completed on time Sheldon Goldsmith 408-258-4923 ext 308 W Funded by the Alum Rock Unified School District. Site preparations Highlands School Awarded 1997 Completed on time One change order in the amount of $55,000 San Mateo Unified School District , Pat Dalton 650-312-7777 77 MBE participation 80% 6. Asbestos Abatement and New Finishes. Building 18 College of San Mateo Awarded 1998 Amount $386,000 Completed on time and within budget. 6I t v 4G ,b011y San Mateo Community College Linda Da Silva 650-358-6726 MBE participation 20% IONIC CONSTRUCTION CO 22 PIGEON HOLLOW RD SAN RAFAEL, CA 94901-2346 415-454-3700 COMPLETED FEDERAL CONTRACTS 1. General Alterations Post Offices Northern California Awarded 1996 All trades involved Contract Amount $1,000,000. No Change orders Completed on time 1998 Rey Liao 415-550-5713 Funded by the United States Postal Service MBE participation 33%, WBE participation 22%. 2. General Alterations Post Offices San Jose Area Awarded 1997 All trades involved Contract amount $500,000 No change orders Completed on time 1999 Jack Stout408-723-6255 Funded by the United States Postal Service MBE participation 20%, WBE participation 15% 3. General Alterations Post Offices Bakersfield Area as, ` �P; n� p k 1 o b Awarded 1997 All trades involved 5) 0 1 Contract amount $500,000 F rz, ry S low � o No change orders 7! 10 (a w o-v O Completed on time 1999 �. �•� c avr c Jack Stout 408-723-6255 ,�^'', Funded by the United States Postal Service ' Y 7/. c4,FAA� MBE participation 24%, WBE participation 14 ��, P� -er k s� --)q IS Maintenance of Buildings Presidio Army Base '�'g ( �' C��� Awarded 1995 All trades involved Contract amount $1,850.000 No change orders Completed on time 1997 AO+ Olive Lenney 206-967-2151 Funded by the United States Army MBE participation 36%, WBE participation 10% IONIC CONSTRUCTION CO 22 PIGEON HOLLOW RD SAN RAFAEL, CA 94901-2346 415-454-3700 COMPLETED HISTORIC PRESERVATION CONTRACTS 1. Renovate and Rehabilitate Bldgs 1049/1050 Fort Cronhite Buildings 1049 and 1050 All trades involved. o k w o r (( Amount $88,000 United States Department of Interior National Park Service Bob McDonald 415-561-4105 Awarded 1995 completed 1995 on time. Funded by the National Park Service 2. Renovate and Rehabilitate Building 10. Amount 665,000 Awarded 1996 completed 1997 on time. Presidio Army Base Funded by the Department of Interior National Park Service Dixie 303-969-2055 .. . �. . . . . . . . . . . . . .. . . - . . .. . . . . . . . . , . . - . . . .1 , � , � . , , , , . . . , .�-,. ,�� .. �-.- ;� , t. . . . �: I . . I .I 1I I.. :.. �- . .. I . .I ... I. ,- ... . ...:.. ... .. ; ... .II� .. :.. ,- I :. ... .. ........ -I-I.--1..I .=.l.'. ��.:z.:I.-o-q.. b,.-. :.-. ,_� .Il-.-.._-- -.j-.�.- .'�-:.. .,.�l-.- �. .. .. ..�..- . . % .:. .�....� s: ... ;, .. -.. :--�-. ...,:. ...,:.�,Z...,,.�. .: �(�.-;.. .A-.�.4 ,-'..:%..�:.- .. 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