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HomeMy WebLinkAboutSEMPRA ENERGY SOLUTIONS - 1998-11-02 Recorded in Official Records, County of Orange ! Gary Granville, Clerk-Recorder WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIII IIIIIIIII IIIIII III IIIIIIIIINO FEE CITY OF HUNTINGTON BEACH 2002012775110:32am 02/14/02 Office of the City Clerk 110 39 N12 1 P.O. Box 190—2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 I NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Sempra Energy Solutions who was the company thereon for doing the following work-to-wit: - PHASE II—CITY-WIDE ENERGY RETROFIT PROJECT—MSC.352 This project includes the installation of new energy efficient equipment within various city buildings located throughout the city. Involves replacing HVAC Package Units, Condensing Units, and Furnaces and Controls. Involves retrofitting Efficient Building Lighting. Equipment includes Variable Air Volume/DDC Controls, Premium Efficient Motors, New Boilers/DDC Controls, Cooling Tower Controls,and Primary/Secondary Pumping/DDC Controls. That said work was completed January 22, 2002 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of.Huntington Beach_and that said work was r accepted by the City:_Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday,January 22,2002. That upon said contract Reliance Insurance. Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge.. Dated at Huntington Beach, California, this 30th day of January,2002. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange )ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council Dated at Huntington Beach, California, this 30th day of January,2002. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH ` �.�=��NN► '� Xss� MEETING DATE: January 22, 2002 DEPARTMENT ID NUMBER: PW 02-004 Council/Agency Meeting Held: CJl� `L2=02 Deferred/Continued to: Approved ❑ Conditi all Approved ❑ Hied heP- City Clerk Signature -0 Council Meeting Date: January 22, 2002 Department ID Number: PW 02-004 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator,y PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works (IV SUBJECT: Accept Phase II of the City-Wide Energy Retrofit Project, and File a Notice of Completion Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City-Wide Energy Retrofit Project Phase II, constructed by Sempra Energy Solutions, is now complete and a Notice of Completion must be filed. Funding Source: Sufficient funds ($2.2 million) were authorized for this project through the Huntington Beach Public Financing Authority Lease Revenue Bonds, 2000 Series A (Capital Improvement Financing Project). Recommended Action: Motion to: Accept Phase II of the City-Wide Energy Retrofit Project, as completed by Sempra Energy Solutions at a cost of $2,165,195.79, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. II .O r' 02-004 January 22 Flynn (City wide Energy Retrofit).doc -$- 01/10/02 9:13 AM REQUEST FOR COUNCIL ACTION MEETING DATE: January 22, 2002 DEPARTMENT ID NUMBER:PW 02-004 Analysis: On April 5, 1999, Council approved a two-phase energy efficient equipment retrofit program with Sempra Energy Solutions. Funding for Phase 1 of the project was obtained, improvements completed, and Council acceptance received. Phase 11 was approved by Council on October 2, 2000,.in the amount of$2,174,425. Phase II improvements consisted of: Location Energy Control Management Center • Variable Air Volume/DDC Controls • Premium Efficient Motors. • New Boilers/DDC Controls Library • Pri/Sec Pumping/DDC Controls • Variable Air Volume • New Boilers • Premium Efficient Motors • Cooling Tower Controls Heil/Warner Fire Stations • Replace HVAC Package Units and Edison/Murdy • Replace Condensing Units Community Centers • Replace Furnaces and Controls Maintenance Yard • Replace HVAC Package Units City-Wide • Retrofit Efficient Building Lighting The improvements are now complete per the approved plans and specifications; therefore, the Director of Public Works recommends acceptance of the project and requests that the City Clerk file the Notice of Completion. The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Phase 11 Contract Amount: $ 2,174,425.00 $ 2,174,425.00 2. Change Orders: 0.00 -9,229.21 Project Construction Costs: 2,174,425.00 2,165,195.79 3. Supplemental Expenses: 0.00 0.00 Total Project Cost: $2,174,425.00 $ 2,165,195.79 Attachment(s): City Clerk's Page Number . Description RCA Author: Jones:jf:jm 02-004 January 22 Flynn (City wide Energy Retrofit).doc -3- 01/10/02 9:13 AM a CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 30, 2002 Gary Granville County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, Connie Brockway, CMC City Clerk /jh Enclosure: Notice of Completion—Sempra Energy Solutions—Phase II MSC 352—Energy Retrofit Project (Telephone:714-536-5227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH. Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Sempra Energy Solutions who was the company thereon for doing the following work to-wit: PHASE II—CITY-WIDE ENERGY RETROFIT PROJECT—MSC 352 This project includes the installation of new energy efficient equipment within various city buildings located throughout the city. Involves replacing HVAC Package Units, Condensing Units, and Furnaces and Controls. Involves retrofitting Efficient Building Lighting. Equipment includes Variable Air Volume/DDC Controls, Premium Efficient Motors, New Boilers/DDC Controls,Cooling Tower Controls,and Primary/Secondary Pumping/DDC Controls. That said work was completed January 22, 2002 by said company according to plans and specifications and to the.satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday,January 22, 2002. That upon said contract Reliance Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 301h day of January,2002. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange )ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 30th day of January,2002. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept Phase II of the City-Wide Energy Retrofit Project, and File a Notice of Completion COUNCIL MEETING DATE: January 22, 2002 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) Not Applicable 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 REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Jones:#:im Recorded in Official Records, County of Orange j Gary Granville, Clerk-Recorder WHEN RECORDED MAIL TO: FEE Office CITY OF HUNTINGTON BEACH Office of the city Clerk 2000056886512.39PM 10/23/00 P.O. Box 190 109 11 N12 1 Huntington Beach, CA 92648 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that-the contract heretofore awarded by the-City--Council of the-Gity;of:Huntington Beach, California to Sempra Energy Solutions who was the company thereon for doing the following work to-wit: �P MSC 362—Energy Retrofit Agreement— Phase I The project includes the replacement of the rooftop cooling tower, the air conditioner chillers and the t�(✓ installation of a new energy management system (EMS), all at the Civic Center. / That said work was completed October 2, 2000 by said company according to plans and specifications and V to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, October 2, 2000. That upon said contract Reliance Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach;as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 12th day of October, 2000. City Clerk and ex-officio erk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 12th day of October, 2000. City Clerk and ex-officio ClTyV of the City Council of the of Huntington Beach, California- _ WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 R i 1<� inCITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 12, 2000 Gary Granville County Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, Connie Brockway, CIVIC City Clerk CB:jh Enclosure: Notice of Completion—MCS 352: Phase I — Sempra Energy Solutions (Telephone:714536-5227) ti l WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Sempra Energy Solutions who was the company thereon for doing the following work to-wit: MSC 352—Energy Retrofit Agreement—Phase I The project includes the replacement of the rooftop cooling tower, the air conditioner chillers and the installation of a new energy management system (EMS), all at the Civic Center. That said work was completed October 2, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, October 2, 2000. That upon said contract Reliance Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 12th day of October, 2000. City Clerk and ex-officio erk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 12th day of October, 2000. City Clerk and ex-officio Cl of the City Council of the-Ty of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 23, 2001 Sempra Energy Solutions 3100 Bristol, Suite 100 Costa Mesa CA 92626 A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5520 Sincerely, Connie Brockway, CIVIC City Clerk CB:jc Enclosures: Declaration of Satisfaction Certificate of Compliance g:followup\cashcont\cashcon-letter.doc (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) g:followuplcashcontNcashcon 1.d oc (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DECLARATION OF SATISFACTION OF CLAIMS state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: and dated 2. .All workers and persons employed, all firms supplying materials, and all. subcontractors for the above-mentioned project have been paid in full 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of , 20_. (Location) (Signature of Contractor) g:followu p\cashcont\cashcon2.doc 1 Tele phone:714536-5227) CITY OF HUNTINGTON BEACH 10 Noun I X-10 MEETING-DATE: October 2, 2000 DEPARTMENT ID 2 IT:SPW 0-92 Council/Agency Meeting Held: 16—2.--oo Deferred/Continued to: Approved ❑ Conditionally Approved ❑ De ni p' t4y/t4krkA Signature Council Meeting Date: October 2, 2000 Department ID Number: PW @9-'- 25�-. rY.,_; , CITY OF HUNTINGTON BEACH `�` -7r= REQUEST FOR ACTION � y SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS/PUBLIC :. FINANCING AUTHORITY MEMBERS SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS SUBJECT: ACCEPT PHASE I IMPROVEMENTS FOR THE CITY WIDE ENERGY RETROFIT PROJECT AND APPROVE FUNDING FOR THE SECOND AND FINAL PHASE OF CONSTRUCTION Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On April 5, 1999, Council approved a two-phase energy efficient equipment retrofit program with Sempra Energy Solutions. Funding for Phase I of the project was obtained and the improvements completed. Funding for Phase II is now available, but the appropriation of the funds requires Council approval. Funding Source: Sufficient appropriations are available in 2000A PFA bond proceeds to cover the cost of Phase II of the project. Recommended Action-City Council: Motion to: Accept the Phase I improvements and authorize the City Clerk to file the Notice of Completion. Recommended Action-Public Financing Authority: Motion to: Approve the appropriation of $2,174,425 in 2000A PFA bond proceeds for the completion of Phase II of the City Wide Energy Retrofit Project, and authorize the transfer of said funds into an expenditure account. PW 00-92 RCA -2- 9127/00 9:32 AM REQUEST FOR ACTION MEETING DATE: October 2, 2000 DEPARTMENT ID NUMBER: PW 00-92 Alternative Action(s): Do not approve the requested appropriation and terminate the existing contract with Sempra Energy Solutions. This action will stop the installation of new energy efficient equipment and forego an energy cost savings of approximately $185,000 per year. Analysis: On April 5, 1999, Council approved an agreement with Sempra Energy Solutions to commence an energy retrofit program throughout the City of Huntington Beach. Funding for Phase I (retrofitting the air conditioning units at the Civic Center) was secured through a loan from the California Energy Commission and that portion of the project was completed in August 2000 at the Council approved amount of $796,100. Currently, funding in the amount of $2,174,425 has been earmarked from 2000A PFA bond proceeds for the completion of Phase II. This phase will provide new retrofit components for 36 structures at 28 additional locations (see Attachment 1). The total energy cost savings from both phases of the project have been conservatively estimated at approximately $345,000 per year. These projected savings, when compared to an estimated total cost of $2,970,525 for all improvements, would result in a simple payback period of 8.6 years. But, while the initial cost of the project will be repaid within 8.6 years, energy savings from the project will continue for many years into the future, providing additional economic benefit to the City. No new contract or contract amendment is necessary to continue the project. This is because the original agreement divided the work into two "Phases" (section 1.04) and stated (section 4.01) that the contractor agreed "to commence work on Phase 2 immediately upon receipt of a written Notice to Proceed issued by the City" in order to allow completion of the project in a timely manner. Environmental Status: N/A Attachment(s): • Description 1 LRetrofit Location Listing 2 RCA Author: Donald Noble PW 00-92 RCA -3- 9/27/00 9:32 AM ATTACHMENT 1 From Rick Ellis To:City z)f Huntington David Caok Date 311;:CC -ime:9 39:14 AM Wage i oT i Sempra a izer,-v SoLutioits 3100 Bristol, Suite 100 Costa Mesa, CA. 92626 Fax Coven- Sheet DATE: September 13, 2000 TIME: 9:37 AM TO: David Cook PHONE: (714) 960-8845 FAX: (714) 536-6459 FROM: Rick Ellis PHONE: (714) 850-3449 -� FAX: (714) 850-3450 SUBJECT: PHASE 2, LIST OF BUILDING THAT WILL HAVE LIGHTING RETROFITS CC: ANCY BE:GGS PAGES: 1 Message David, per your request here is the list of buildings that will have lighting retrofits performed in them. This list only identifies the buildings, the scope in each building is in the spreadsheets that I mentioned to you in my phone message last night. The lighting retrofit may limited to specific locations within the buildings listed. The goal of the lighting retrofit was to pick up those area within the City that still had old energy inefficient lighting. Building List: Banning Library HARBORVIEW CH MAIN ST LIB BUSHARD LIBRARY HEIL FIRESTATION MURDY COMM CT i CITY MAIN PARK HELICOPTER HANGER MURDY FIRE ST CITY YARD OFFICE 3 POWERS TRAINING NATURE CT CITY YARD _ 3NR. LIFEGUARD NEWLAND BARN CIVIC CENTER LAKE FIRE STATION CAKVIEVV REC CT EDISON REC LAKE PARK CH PARKING GARAGE GOTHARD FIRE SHED LAKEVIBV CLUBH0U15c SNR CITIZENS CT GOTHARD =IRE STATION LIFEGUARD GRAHAM LIBRARY ! MAGNOLIA FIRE ST d Thanks, Rick Ellis, P.E., C.E.M. Director, Project Management Sempra Energy Solutions Sempra Energy Solutions is not the same company as SDG&JSoCa;Gas,the utilit;es. Sempra Energy Solutions:s not regulated by the California Public Utilities Commission, and you do not nave to buy Sempra Energy Solutions' proaucts or services to ccntinue to receive quality regulated service`rom tine utilities. ATTACHMENT 2 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-63 Accept Phase I Improvements for the City Wide Energy Retrofit Project and Approve Funding for the Second and Final Phase of Construction Date: September 7, 2000 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Accept Phase I Improvements -for the City Wide Energy Retrofit Project and Approve Funding for the Second and Final Phase of Construction". If the City Council approves this request (total appropriation $2,174,425), the estimated working capital of the City's Capital Projects Fund at September 30, 2000 will not be effected due the amount being funded through bond proceeds. Jo Reekstin, Director of Administrative Services RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: APPROVE FUNDING FOR PHASE II OF THE CITY WIDE ENERGY RETROFIT PROJECT COUNCIL MEETING DATE: October 2, 2000 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 Attorne ) Not Applicable 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) 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 EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff -_ Assistant City Administrator Initial City Administrator Initial City Clerk ( } EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Donald Noble 1 Council/Agency Meeting Held: Deferred/Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Si tune Council Meeting Date: October 2, 2000 Department ID Nu er: PW 00-92 CITY OF HUNTINGTON BEA REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY OUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CITY ADMINIST TORA'40 r PREPARED BY: ROBERT F. BEARDSLEY, RECTOR OF PUBLIC WORKS 7 SUBJECT: ACCEPT PHASE I IMP OVEMENTS FOR THE CITY WIDE ENERGY RETROFIT ROJECT AND APPROVE FUNDING FORS THE SECOND AN INAL PHASE OF CONSTRUCTION Statement of Issue,Funding Source,Recommends Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On April 5, 1999, Council a roved a two-phase energy efficient equipment retrofit program with Sempra Energy Solu 'ons. Funding for Phase I of the project was obtained and the improvements completelyFunding for Phase II is now available, but the appropriation of the funds requires Council approval. Funding Source: Sufficient appro riations in the amount of $2,174,455 are available in 2000A PFA bond proceeds. Recomme ded Action(s): i Motion to: 1. Accept the Phase I improvements and authorize the City Clerk to file the Notice of Completion. 2. Approve the appropriation of $2,174,425 in 2000A PFA bond proceeds for the completion of Phase II of the City Wide Energy Retrofit Project, and authorize the transfer of said funds into an expenditure account. Y/1 V PW 00-92 RCA.doc -2- 09/20/00 12:14 PM REQUEST FOR ACTION MEETING DATE: October 2, 2000 DEPARTMENT ID NUMBER: PW 00-92 Alternative Action(s): Do not approve the requested appropriation and terminate the existing contract with Sempra Energy Solutions. This action will stop the installation of new energy efficient equipment and forego an energy cost savings of approximately $185,000 per year. Analysis: On April 5, 1999, Council approved an agreement with Sempra Energy Solutions to commence an energy retrofit program throughout the city's facilities. Funding for Phase I retrofitting the air conditioning units at the Civic Center was secured through a loan from the California Energy Commission. That portion of the project was completed in August 2000 within the Council-approved budget of $796,100. Currently, funding in the amount of $2,174,425 has been earmarked from 2000A PFA bond proceeds for the completion of Phase II. This phase will provide new retrofit components for 36 structures at 28 additional locations. The total energy cost savings from both phases of the project has been conservatively estimated at approximately.$345,000 per year. These projected savings, when compared to an estimated total cost of $2,970,525 for all improvements, would result in a simple payback period of nine years. While the initial cost of the project will be repaid within these nine years, energy savings from the project will continue for many years into the future, providing additional economic benefit to the City. No new contract or contract amendment is necessary to continue the project. The original agreement divided the work into two phases and stated that the contractor agreed "to commence work on Phase 2 immediately upon receipt of a written Notice to Proceed issued by the City" in order to allow completion of the project in a timely manner. Environmental Status: N/A Attachment(s): No. Description 1 Retrofit Location Listing 2 1 FIS RCA Author: Noble/Sankey PW 00-92 RCA.doc -3- 09/26/00 2:54 PM R A ROUTING C SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: APPROVE FUNDING FOR PHASE II OF THE CITY WIDE ENERGY RETROFIT PROJECT COUNCIL MEETING DATE: October 2, 2000 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) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne ) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, 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 EXPLANATION M FOR ISSING ATTACHMENTS REVIEWED RETURNED FORWARDED ._... Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Donald Noble CITY ADMINISTRATOR'S REPORT (C-2a� 10/2/00 City Council Meeting L'V C Z .6 1. Approval of Orange County Sanitation District Cooperative Projects Program (&C-0 The city has been notified by the Orange County Sanitation District (OCSD) that it will be receiving a total of$1,900,400 in grants from the OCSD and the Environmental Protection Agency (EPA) as part of its Cooperative Projects Program. The funds will be used to line portions of the sewer infrastructure in Huntington Harbour. OCSD is also providing a $200,000 grant to update the Sewer Master Plan and conduct an Inflow and Infiltration Study. This grant will be matched by City funds. Ca_C, 2. Advertise for the Huntington Harbour Sewer Lining Project Following City Council action on October 2, 2000, the city will release a call for bids for the lining of approximately 50,000 lineal feel of sewer mains and 2,500 vertical feet of manholes in the Huntington Harbour. This project will extend the life of the aging sewer lines by 40 to 50 years. The total estimated project cost is $ 1,900,400 which is funded through the OCSD Cooperative Projects Program grant described above. C -GL 3. Acceptance of Phase I Improvements for the City Wide Energy Retrofit Program 7� On April 5, 1999, the City Council approved a two-phase energy efficient equipment retrofit program for city facilities with Sempra Energy Solutions. The improvements for Phase I of the project have been completed. Funding for Phase II is now available which will provide new retrofit components for 36 structures at 28 locations. The total energy cost savings from both phases of the project has been conservatively estimated at approximately $345,00 annually. Based on this rate of savings, the estimated initial project cost of$2,970,525 will be paid back within nine years, with continued cost savings for the city accruing for many years into the future. 4. Reconstruction of Two Sewer Lift Stations (Z- /v On May 15, 2000, the City Council authorized staff to release a call for bids to rebuild two sewer lift stations near the intersection of Pacific Coast Highway/7t' Street and Brookhurst St./Effingham Drive. The lift stations are approximately 40 years old, and in need of improvement. The project will add capacity to each station, thus increasing the efficiency of operation. Due to site constraints, Station 'A' will be rebuilt inside the existing facility. The Brookhurst station will be an entirely new station next to the existing one. The old station will be abandoned. The total project cost is approximately $2,600,00 5.24i-4 s eel --f �I Q9 Ivobl2 Pig/ CITY OF HUNTINGTON BEACH MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: PW 99-050 Council/Agency Meeting Held: (060.9a Deferred/Continued to: 6' �prov,ed/- ❑ Con itionally pro d ❑ Denied JDEAPY y Clerk's Signature Council Meeting Date: June 7, 1999 Department ID Number: PW 99-050 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION C UB TED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS UBMITTED BY: RAY SILVER, CITY ADMINISTRATOR690V µ, r PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK!K?I " SUBJECT: APPROVE INSURANCE SUBSTITUTION FOR SEMPRA EIV=RG" SOLUTIONS — M.S.C. 352 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On April 5, 1999, the City Council approved an agreement with Sempra Energy Solutions for an energy efficient equipment retrofit program. Funding Source: City staff has obtained a $1.1 million dollar loan from the California State Energy Commission to retrofit lighting and HVAC (heating, ventilation, and air conditioning) facilities at the Civic Center complex and in the older portion of the Central Library. Recommended Action: Motion to: Approve the professional liability insurance coverage received from KMA Consultants. Alternative Action(s): Deny this request and require Sempra Energy Solutions to obtain professional liability insurance. 99rca15.doc -2- 06/02/99 2:10 PM REQUEST FOR ACTION MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: PW 99-050 Analysis: On April 5, 1999, City Council approved a design/build agreement with Sempra Energy Solutions to undertake a citywide energy savings retrofit project. Pursuant to this agreement, Sempra is required to provide proof of professional liability insurance. KMA, a sub- consultant and the engineering firm of record, is designing the improvements and therefore should provide this insurance. The City Attorney's office has reviewed and approved KMA's professional liability insurance policy. The recommended substitution of insurance coverage requires Council approval. Environmental Status: N/A Attachment(s): City Clerk's . . - Number No. Description RCA Author: Robert F. Beardsley/Donald Noble 99rcaMdoc -3- 06/02/99 2:10 PM 4 }: i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALI FORMA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTI? GTON BEACH DATE: /7 )a 2CS7- /9 F TO: 6eM ru_ �Y� al hi71i-61),5 ATTENTION: Nam 2/,>D e e DEPARTMENT: steftt sza- a.., L/F 9 6.;Z REGARDING: City,State,Zip See Attached Action Agenda Item 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: 32kd-6 le,, PJV�9 Na a De artment RCAF Agreement Insurance Other b1* , S ✓ Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other )�d_ozA /f4—'54� 6 mi �/�g Risk Management Dept. Insurance Received by Name-Company Name_- Date G:Followup/coverltr (Telephone:714-536-5227) (10) 04/05/99 -Council/Agency Agenda - Page 10 CE-4.) (City Council) Approve an Energy Retrofit Agreement with Sempra Energy Solutions and the Authorization to Appropriate $796,100 — MSC-352 — Civic Center Complex and Old Portion of Central Library (600.90) — 1. Approve the Design Build Agreement Between the City of Huntington Beach and Sempra Energy Solutions for Energy Retrofit Project to undertake the first of a two-phase retrofit project and authorize execution by the Mayor and City Clerk, and 2. Authorize the Director of Finance to appropriate $796,100 from the city's Capital Improvement Fund to advance the cost of the project improvements. These costs will be submitted to the California Energy Commission for reimbursement pursuant to the loan agreement. Submitted by the Public Works Director [Approved 7-0] E-5. (City Council/Redevelopment Agency)Approve Hiring a Beach Maintenance Facility Design Consultant—CC-812—Approve Professional Services Agreement —Tony Banzuelo, Architect—Approve Insurance Modifications -Approve Amendment to Redevelopment Agency Budget (600.10) — Redevelopment Agency Action: Approve an amendment to the FY98199 Redevelopment Agency budget for $171,360 for a professional services contract with Tony Banzuelo, Architect; City Council Action: Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract Between The City Of Huntington Beach And Tony Banzuelo, Architect For The Design Development Of The Beach Maintenance Facility with insurance modifications reviewed and approved by the City Attorney; and authorize the Director of Public Works to expend $171,360 to cover contract costs of$142,800, estimated contingency of$14,280, and supplemental projected expenditures of $14,280. Submitted by the Community Services Director, the Public Works Director and the Economic Development Director [Approved 7-0] E-6. (City Council)Approve Consultant Selection for Slater Channel Preliminary Design Study— CC-1089—Approve Professional Services Agreement Between City and Simons, Li & Associates, Inc.—Approve Drainage Fund Appropriation — (600.10) - 1. Appropriate $113,450.00 to be used for the design study report from the Drainage Fund Account; 2. Approve the selection of Simons, Li &Associates, Incorporated, Costa Mesa, California to prepare the Slater Channel Hydrology/Hydraulic and Preliminary Design Study, CC-1089; and 3. Approve the Professional Services Contract Between The City Of Huntington Beach And Simons, Li&Associates, Inc. For Slater Channel Hydrology/Hydraulic And Design Study(CC-1089) and authorize the Director of Public Works to expend $113,450.00 to cover contract costs of$97,682.00, potential change orders of $9,768,000, and supplemental expenditures of$6,000.00. Submitted by the Public Works Director [Approved 7-0] E-7. (City Council) Accept the Wheelchair Ramp Construction Project for the Newland Enhancement Area—CC-1027—C.J. Construction, Inc. — Notice of Completion — (600.70) -Accept the Wheelchair Ramp Construction Project for the Newland Enhancement Area, CC-1027 for a final construction amount of$38,701.50 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Public Works Director [Approved 7-0] CITY OF HUNTINGTON BEACH MEETING DATE: DEPARTMENT ID NUMBER: Council/Agency Meeting Held: Deferred/Continued to: VZ �&z.* 01 Approv d ❑ Conditionally Approved ❑ Denied City Clerk's Sig ture Council Meeting Date: Department ID Number: z CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SU ITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS D � ; v� � UBMITTED BY: RAY SILVER, CITY ADMINISTRAT07` _ J PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS v SUBJECT: APPROVE AN ENERGY RETROFIT AGREEMENT WITH SEMPRA ENERGY SOLUTIONS AND THE AUTHORIZATION TO APPROPRIATE $796,100 — M.S.C. 352 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On November 2, 1998, the City Council approved, in concept, a design/build agreement with Sempra Energy Solutions for an energy efficient equipment retrofit program. Funding Source: On June 24, 1994, the California State Energy Commission approved the City's application for a $1.1 million dollar loan to retrofit lighting and HVAC (heating, ventilation and air conditioning) facilities at the Civic Center complex and in the older portion of the Central Library. The lighting improvements were completed in June, 1995, at a cost of $324,013. The remaining loan balance of $848,562 can be used to fund needed HVAC improvements at the Civic Center complex. Recommended Action Motion To: Motion to: 1. Approve the attached design/build agreement with Sempra Energy Solutions, to undertake the first of a two-phase retrofit project; and 2. Authorize the Director of Finance to appropriate $796,100 from the City's Capital Improvement Fund, to advance the cost of the project improvements. These costs will be submitted to the California Energy Commission for reimbursement pursuant to the loan agreement. RCA msc-352.doc -2- 03/25/99 3:37 PM/ V/ REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: Alternative Action(s): 1. Terminate the energy retrofit program. This action would necessitate paying a consultant fee of$46,486 to Sempra Energy Solutions for the energy conservation report completed on July 23, 1998. Pursuant to our existing loan with the State of California, these costs are reimbursable and the savings realized through work already completed would cover this cost. However, it should be noted that the replacement of the cooling tower and chillers are necessary tasks included in the renovation of the Civic Center complex. 2. Replace the cooling tower and chiller in the Civic Center complex and forgo the additional retrofit improvements identified in the Sempra Energy Solutions report, July 23, 1998. This action would necessitate paying Sempra Energy Solutions a consultant fee of$46,486. Although there will be no savings realized by the replacement of the cooling tower and chiller, the ongoing savings from the electrical lighting retrofit will cover the cost of the consultant's report and these improvements. Analysis: On June 24, 1994, the California Energy Commission approved the City's application for a $1.1 million dollar loan to retrofit lighting and HVAC (heating ventilation and air conditioning) facilities at the Civic Center complex and in the older portion of the Central Library. The lighting improvements were completed in June, 1995 at a cost of $324,013. To this date, staff has tracked the costs of the utility billings for the lighting retrofit at these two facilities. Based on an audit (Attachment 2) of these billings, the City has saved a total of $382,548 since these improvements were completed. Additionally, in August 1996, the City entered into an Interruptible Rate Program (1-6) with Southern California Edison Company. Pursuant to this program, the unit cost of electricity was reduced because the City agreed to use less electricity in the event Southern California Edison experienced a shortage of power during a peak demand period. Between August, 1996 and February 1999, the City saved an additional $339,697 in energy costs. Based on the combined savings to date, its quite apparent that the $1.1 million dollar state loan can be repaid within six years as is set forth in the loan agreement. While the plans and specifications for the HVAC improvements are complete, staff has not pursued the construction of these improvements as it became readily apparent that substantial savings could be realized by expanding the scope of the energy retrofit program to include other City facilities. On November 2, 1998, the City Council approved, in concept, a design/build agreement with Sempra Energy Solutions, for an energy retrofit program of thirty-nine (39) additional buildings and directed staff to finalize the agreement including the source of funding. Subsequent to this action, it became apparent that a portion of the work (i.e. replacement of the rooftop cooling tower and the chillers) at the Civic Center complex should be completed prior to the painting of this facility. Additionally, staff has not been able to identify a source of RCA msc-352.doc -3- 03/25/99 4:16 PM REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: funding for the entire $2.8 million dollar project. Therefore, the agreement with Sempra Energy Solutions has been modified to include two phases of work. The first phase includes the replacement of the rooftop cooling tower, the air conditioner chillers and the installation of a new energy management system (EMS), all at the Civic Center. The estimated cost of this work is $796,100. Pursuant to a letter of verification (Attachment 3) from the California Energy Commission, the loan balance of $848,562 can be used to fund the cost of these improvements. The second phase of construction includes the retrofit improvements of all remaining city facilities identified in the Sempra Energy Solutions report dated July 23, 1998. The estimated cost of this work, including the cost of the Sempra report, is $2,004,000. Based on calculations prepared by the consultant, the City will save a net $318,974 per year in energy costs in addition to current savings. As of this date, no source of funding has been identified to cover the cost of these improvements; however, based on actual and projected reductions in energy use, it is apparent that a $3.1 million dollar loan (i.e. the sum total of all retrofit improvements) could be repaid in less than ten years with the additional savings obtained as a result of these improvements. Staff will continue to pursue funding sources, including the feasibility of refinancing the California Energy Commission loan. In the interim, it is recommended that the Council approve the attached "phased" design/build agreement with Sempra Energy Solutions and authorize the Director of Finance to appropriate $796,100 from the City's Capital Improvement Fund balance to front the cost of installing a new EMS and replacing the cooling tower and chillers at the Civic Center complex. Pursuant to our loan agreement with the California Energy Commission, the State will reimburse the City for all completed construction costs, with the understanding that the City will make payments from the savings until the loan is repaid. Environmental Status: N/A Attachment lsl: City Clerk's Page Number No. Description 1 Sempra Energy Solutions Agreement 2 Exhibit A Energy Saving Summary 3 Exhibit B Letter of Confirmation 4 Fiscal Impact Statement RCA Author: Robert F. Beardsley/Donald Noble RCA msc-352.doc -4- 03/25/99 4:16 PM REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: ATTACHMENT 1 Sempra Energy Solutions Agreement RCA msc-352.doc -5- 03125199 416 PM G DESIGNBUILD AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SEMPRA ENERGY SOLUTIONS FOR ENERGY RETROFIT PROJECT THIS DESIGNBUILD AGREEMENT (the "Agreement"), made and entered into this 5th day of April , .1999 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY", _and PACIFIC ENTERPRISE ENERGY SERVICES, dba SEMPRA ENERGY SOLUTIONS, a limited liability corporation with General Contractor's License No. 727662, hereinafter referred to as "DESIGNBUILDER." Hereinafter, the CITY and the DESIGNBUILDER may be referred to collectively as the "Parties". RECITALS: WHEREAS, CITY desires to obtain services for the design, construction and testing for the energy retrofit project of facilities located within the CITY's geographic boundaries ("Project"), WHEREAS, the CITY issued a Request For Qualifications for the Project on February 1996 ("RFQ"), and WHEREAS, DESIGNBUILDER submitted a proposal to CITY on September 10, 1998 ("Proposal"), and WHEREAS, based upon the evaluation criteria and competitive selection procedure established by the CITY, DESIGNBUILDER has been selected to perform, either directly or pursuant to Subcontracts, the design, engineering and construction services set forth in this Agreement and the "Contract Documents"referred to in paragraph 2.01. NOW, THEREFORE, it is agreed by CITY and DESIGNBUILDER as follows: ARTICLE 1 WORK STATEMENT 1.01 Services Provided. The "Work" is the scope of services to be performed and/or provided by DESIGN/BUILDER pursuant to and as required by all Contract Documents in connection with the Project, including, but not limited to, the requirements set forth in the Contract Documents and in accordance with all applicable laws. DESIGNBUILDER shall design, engineer, procure, construct, deliver, erect, commission, start-up, test and complete the Project, consisting of all necessary material, labor, supervision, machinery, equipment, cranes, facilities, tools, supplies and structures including those services and materials reasonably inferable from the Contract Documents and reasonably necessary to produce the completion of the Work in a timely manner even though no mention thereof is made in the Contract Documents. The Work will be performed at the facilities listed on Schedule 1, which is attached to this Agreement and these facilities shall be referred to collectively in this Agreement as the "Site." 1 j mp/k/g:agree/sempra l/l 0/19/98 w 1 � I 1.02 Responsibilities. DESIGNBUILDER's responsibilities, as further described in the Contract Documents include,but are not limited to, the following tasks: A. Preparation of conceptual plan, which was satisfied previously by the completion of DESIGN/BUILDER'S Proposal and DESIGN/BUILDER'S Energy Audit and Analysis Report; B. Assisting the CITY with any applicable CEQA and Design Review Board requirements; C. Securing of all permits and approvals from governing agencies, including the City of Huntington Beach Community Development Department and the California Coastal Commission; D. Preparation of Construction Documents; E. Construction of the Project; and F. Operational testing of the Project. 1.03. Representative. DESIGN/BUILDER hereby designates Len Pettis, an individual, who shall represent DESIGN/BUILDER and be its sole contact and agent in all consultations with CITY during the performance of this Agreement unless and until a replacement representative is mutually agreed upon. 1.04. Work Phases. The Work will be divided into two "Phases". The scope of Work for each phase is based on DESIGN/BUILDER'S Energy Analysis and Audit Report and is attached hereto as Exhibit "A." ARTICLE 2 CONTRACT DOCUMENTS 2.01 Included Documents. The "Contract Documents" shall consist of the following documents, all of which are either attached hereto as Exhibits or are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein: A. This Agreement, assigned by the Parties and effective as of the date first written above, as it may be amended from time to time. B. The RFP, incorporated by reference; C. The DESIGN/BUILDER'S Proposal, including any listed personal property to be installed and the documents related thereto, incorporated by reference; 2 j mp/k/g:agree/sempra5/3/2/99 D. The Faithful performance bond attached hereto as Exhibit B; E. The Payment Bond attached hereto as Exhibit C; F. The Warranty Bond attached hereto as Exhibit D; G. Construction Documents;-including mutually agreed specifications_and schedules . upon approval by CITY in accordance with 9.02 and 9.03 herein. 2.03 Conflicts. Should there be any conflict between the terms of this Agreement and any of the documents listed in 2.01 as B through G (2.01 A in this Agreement), then this Agreement shall control-and,.nothing herein shall be considered-as an-acceptance,of the terms of any of the documents which is in conflict herewith. 2.04 Complete Understanding. This Agreement, together with all other Contract Documents sets forth the entire understanding between the Parties hereto and all other representations"or statements heretofore made, verbal or written, are merged herein. This Agreement and the terms of the Work may be amended only by written modification executed by duly authorized representatives of each of,the•Parties-hereto or according to the Change . Order"procedure set forth-herein.--U.pon-execution of-this-Agreement,.-all-duties-and:obligations of prior agreements between the parties are deemed satisfied. ARTICLE 3 CITY'S DUTIES AND RESPONSIBILITIES 3.01 CITY Designation of Authorized Representative. The CITY shall designate, from time to time,-one or more representatives authorized to act on the CITY'.s behalf with respect to the Project. Such representatives shall act in such capacity until replaced by notice to DESIGN/BUILDER. 3.02 CITY's Right To Award Separate Contracts. The CITY reserves the right to perform Work or operations related to the Project, with the CITY's own forces, and to award separate contracts in connection with the Project. 3.03 CITY's Right To Stop The Work. If the DESIGN/BUILDER fails to correct defective Work as required herein, or persistently fails to carry out the Work in accordance with the Contract Documents, the CITY may, in its sole discretion, elect to order the DESIGN/BUILDER to stop the Work, or any portion thereof until the CITY reasonably determines that the cause for such order has been eliminated. The CITY's right to stop the Work is in addition to the CITY's right to terminate set forth herein. 3.04 CITY's Right To Carry Out The Work. If the DESIGN/BUILDER defaults and neglects to carry out the Work in accordance with the Contract Documents or fails to perform any of its obligations under the Contract Documents, the CITY may, after forty-eight (48) hours written notice to the DESIGN/BUILDER, and without prejudice to any other 3 j mp/k/g:agree/sempra5/3/2/99 remedy the CITY may have, make good such deficiencies. In such case, an appropriate Change Order shall be issued deducting from the payments then or thereafter due the DESIGN/BUILDER the cost of correcting such deficiencies. If the payments then or thereafter due the DESIGN/BUILDER are not sufficient to cover such amount, the 'DESIGN/BUILDER- shall pay the difference-to the CITY within thirty (30) days of written demand from the CITY. 3.04. Reasonable Access. City shall allow DESIGN/BUILDER-reasonable access to the Site-during regular business hours,!or-such other reasonable hours as are-requested,by DESIGN/BUILDER. CITY shall also not-unreasonably interfere with DESIGN/BUILDER'S . operations at the Site or cause damage or interruption.to its operations. DESIGN/BUILDER -shall abide by CITYs general rules applying toMsitors to the Site, including all safety and security rules; provided,_however, DESIGN/BUILDER shall promptly modify CITY if it reasonably believes that such rules are interfering with the Work, and representatives of the Parties shall meet promptly thereafter to discuss what adjustments, if any, are necessary, including, if appropriate, adjustment to Schedules established under 4.02. 3.05. Furnishing Site Records. 'CITY shall, during its regular business hours, make available to.DESIGN/BUILDER.all records and data regarding-energy usage at-the Site, "including utility records,=occupancy-information,-descriptions lof-changes:in the structure of buildings of its heating, cooling, lighting or other systems and descriptions of all-energy management procedures in effect. ARTICLE 4 TIME OF PERFORMANCE 4.01 Contract Time. Time is of the essence of this Agreement. By executing this Agreement, DESIGN/BUILDER confirms that the "Contract Time," which is defined as the period from the date of DESIGN/BUILDER'S receipt of a Notice to Proceed through the last date in the period of time fixed by the CITY in its Certificate of Substantial Completion, is a reasonable period for performing the Work, subject to the adjustments thereof contemplated in this Agreement or as otherwise mutually agreed. DESIGN/BUILDER agrees to commence Work on Phase 1 immediately upon receipt of a written Notice to Proceed issued by the CITY to continue performance of the Work in a diligent workmanlike manner, to achieve Substantial Completion of the Work within 120 calendar days. DESIGN/BUILDER agrees to commence Work on Phase 2 immediately upon receipt of a written Notice to Proceed issued by City and to continue performance of the Work in a diligent workmanlike manner, to achieve Substantial Completion of the Work within 365 calendar days after the date of issuance of the Notice to Proceed and to use all reasonable efforts to achieve final completion of the Work within the time fixed by the CITY in its Certificate of Substantial Completion. Except as provided in 4.03, the Contract Time may be extended only with the written permission of the CITY. 4.02 Schedules. The planning, design, construction and completion of the Project shall be undertaken and completed in accordance with the "Project Schedule" to be provided to by DESIGN/BUILDER to the CITY within ten (10) days after issuance of the Notice to 4 j mp/k/g:agree/sempra5/3/2/99 Proceed. The Project Schedule shall outline major design and construction activities, their sequences and elapsed completion times for each of the Phases of the Project from the date of the Notice to Proceed. The Project Schedule shall be updated as appropriate, throughout the continuance of the Work. The Project Schedule may be amended to benefit the Project if mutually agreed by the CITY and DESIGN/BUILDER in writing. -4.03 Delays and Extensions of Time. A. -If the`DESIGN/BUILDER` is�delayed in the-progress of�the Work-by acts-or -neglect of the CITY; CITY's :employees, separate contractorstemployed;by the CITY, changes ordered -in the Work not caused by the fault of DESIGN/BUILDER-or�by-fire;;unusual,delay in:transportation; adverse-.weather conditions not reasonably anticipated, unavoidable casualties, or other causes beyond the DESIGN/BUILDER'S control, then the Date of Substantial Completion shall be extended for a period equal to the length of such delay if, within ten (10) calendar days after the beginning of any such delay, the :DESIGN/BUILDER delivers,to-the CITY a request for extension for-such delay and such request is -approved by the CITY. .CITY's approval:of-such request shall not be.unreasonably withheld. 'B. An-�extensiori of--time-shall:be'thCDESIGNIBUILDER'is-,:sole-remedy-for,any such delay unless the .-same -shall have been -caused- by.1 acts constituting . intentional interference by the ° CITY with 'the, DESIGN/BUILDER's performance of the Work - where such acts --continue -after the DESIGN/BUILDER's written notice to the CITY of such interference. In the event the DESIGN/BUILDER's work has been delayed by acts constituting intentional interference by the CITY, the DESIGN/BUILDER shall be entitled to reimbursement for its reasonable additional costs resulting from such delays but not for any additional profit or overhead. 4.04 Liquidated Damages. DESIGN/BUILDER and CITY recognize that time is of -the essence of this Agreement and that CITY will suffer substantial economic damage if the Work is not completed within the times specified hereinabove, plus any extensions thereof allowed in accordance with this Agreement. The Parties also recognize the extent of such damages shall be incapable of accurate measurement. Nonetheless, the Parties acknowledge that on the date of this Agreement, the amount of liquidated damages set forth below represents a good faith estimate as to the actual potential damages that the CITY would incur as a result of late Substantial Completion of the Project. The amount of the liquidated damages calculated hereunder dues not include any penalty. 4.05 Amount of Liquidated Damages. If the DESIGN/BUILDER fails to achieve Substantial Completion of the Work on or before the . date specified hereinabove, DESIGN/BUILDER and its surety shall pay to the CITY liquidated damages in the amount of Two Hundred and Fifty Dollars ($250.00) per day for each day the date of Substantial Completion is delayed beyond the date set forth in this Agreement. It is further mutually 5 j mp/k/g:agree/sempra5/3/2/99 understood and agreed between CITY and DESIGN/BUILDER that the sums of liquidated damages set forth above are additive for each and every day of delay in the. event that Substantial Completion is so exceeded. It is further understood and agreed upon by and between CITY and DESIGN/BUILDER that liquidated damages may be assessed against progress payments or retainage-and that CITY will issue;a deductive Change Order for the amount-specified .herein.:and-will: reduce_the Contract;=Erice;accordingly In the :event::the: ..- remaining °unpaid Contract Price,is.-insufficient:tot.cover;the.`full 1amount=of:-assessed;4iquidated z damages, DESIGN/BUILDER or-its surety shall-pay-the difference to-CITY.on demand.....This_ paragraph shall not limit the CITY's- ability to`seek!and obtain-:additional-legal :remedies._or. damages,that-result-from- breaches of the,Contract..Documents:,br the=DESIGN/.BUILDER,. other than those caused•by=delay in achieving Substantial Completion. ARTICLE 5 CONTRACT PRICE 5.01 Lump Sum Contract Price. In consideration of DESIGN/BUILDER's performance of the Work described--7herein; CITY agrees to pay DESIGN/BUILDER•-the-Lump Sum Contract Price of: Two Million, Eight Hundred, Eighty Six Thousand,:Eight Hundred 'Ninety--Three 'Dollars- ($2-'886,893.00) "Contract-Price" in -accordance ,with! :the:payment -procedures set-:forth in Article .6..herein:: > Except-as< otherwise:.provided.,in:the,.,Contract.= -Documents, or as to-any.additional payments.specified:herein. The Contract-Price.-will.:fully:. .., compensate DESIGN/BUILDER for all Work-required by the Contract Documents. 502.: Energy Savings Disclaimer. . The- Parties understand and agree that DESIGN/BUILDER does not control the operating hours of the Equipment or the-operating hours of the Sites or their maintenance. Accordingly, notwithstanding any other provision hereof or the Contract Documents, CITY shall have no recourse against DESIGN/BUILDER for any claims, damages or other remedies with respect to the actual energy:savings achieved by the Project, or any Phase thereof. ARTICLE 6 PAYMENT AND COMPLETION 6.01 Schedule of Values. Before submitting the first Application for Payment, and within ten (10) calendar days after CITY's issuance. of the Notice to Proceed, the DESIGN/BUILDER shall prepare and submit to the CITY for review a "Schedule of Values," setting forth quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during performance each of the three Phases of the Work. Such prices will include all overhead and profit applicable to each identifiable item of Work. The Schedule of Values, as agreed to by the CITY, shall be used as a guide for payment under this Agreement. 6 j mp/k/g:agree/sempra5/3/2/99 6.02 Application For Payment. A. The DESIGN/BUILDER shall deliver to the CITY on the tenth day of each month, an Application for Payment covering the Work performed during such month. The Application for Payment shall constitute a representation by the DESIGN/BUILDER to the CITY that,-the 'Work-has. progressed to the .point indicated,.the:quality of•the Work-covered-by1:the Application is -in.accordance with the Contract :Documents, and..the DESIGN/BUILDER is entitled to payment in the-amount,requested. B. In submitting each Application For-Vayment; DESIGN/BUILDER:warrants that: title to all Work covered by each .Application for Payment shall pass to the CITY (LENDER)no later than the time of payment in full to DESIGN/BUILDER. The DESIGN/BUILDER further warrants that all Work covered by the previous Application for Payments is free and clear of liens, claims, security interest or other encumbrances. C. Each Application for Payment shall: 1. Reference this Agreement; 2. Describe the services performed; 3. Include an estimate of the-percentage of Work completed; 4. Show the total amount of the payment due; 5. Include a certification by the DESIGN/BUILDER's designated representative that the Work has been performed in accordance with the provisions of this Agreement; 6. Include such documentation as may be reasonably necessary to substantiate costs incurred, or estimated to be incurred and percentage of completion of Work; 7. Include duly completed and executed forms of Conditional Waiver and Release in accordance with California Civil Code Section 3262 of all persons eligible to file stop notices in connection with the Work covering the payment requested; and 8. Include duly completed and executed forms of Unconditional Waiver and Release, in accordance with California Civil Code Section 3262 of all persons eligible to file stop notices in connection with the Work covering the payment received by DESIGN/BUILDER for the previous Application for Payment. 7 j mp/k/g:agree/sempra l/10/19/98 6.03 Payment. A. Upon submission of any such Application for Payment, if CITY determines that DESIGN/BUILDER is making satisfactory progress toward completion of Work in accordance with this Agreement, CITY shall promptly approve the Application, in which event payment shall be made within thirty (30) days of receipt of the Application by CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve an Application for Payment, CITY shall notify DESIGN/BUILDER in writing of the reasons for non-approval, within seven (7) calendar days of receipt of the Application. B. Subject to verification of the value of Work completed, the CITY shall pay the DESIGN/BUILDER for the percentage of Work completed through the period covered by the Application for Payment less 10% retainage. C. The DESIGN/BUILDER shall have the option to substitute securities for monies withheld from Progress Payments to ensure DESIGN/BUILDER's performance under the terms of this Agreement. 6.04 Withholding of Payments. The CITY may refuse to make payment, or because of subsequently discovered evidence or observations, shall nullify the whole or any part of any payment previously issued, to such extent as may be,necessary to protect the CITY from loss because of: A. Defective work not remedied; B. Failure of DESIGN/BUILDER to make payments of undisputed amounts to subcontractors for labor, materials or equipment with claims filed by third parties being reasonable evidence indicating probable failure to make payments; C. Damage to the CITY caused by default or neglect of the DESIGN/BUILDER to the extent not covered by insurance; or D. Reasonable evidence that the Work cannot be completed within the Contract Time. 6.05 Substantial Completion. When the DESIGN/BUILDER considers that the Work is substantially complete, the DESIGN/BUILDER shall prepare and submit to the CITY a request for issuance of a Certificate of Substantial Completion along with a comprehensive list of items to be completed. Failure to include an item on the DESIGN/BUILDER's list does not alter the responsibility of the DESIGN/BUILDER to complete all Work in accordance with the Contract Documents. Upon receipt of the DESIGN/BUILDER'S request for issuance of a Certificate of Substantial Completion, the CITY will make an inspection to determine whether Substantial Completion has occurred. Depending on its reasonable determination, the CITY may either reject the DESIGN/BUILDER's request for issuance of a Certificate of Substantial 8 j mp/k/g:agree/sempra l/10/19/98 Completion or issue a Certificate of Substantial Completion with an attached list or items of Work to be completed or corrected ("Punchlist") and fixing a reasonable time within which DESIGN/BUILDER shall complete the Punchlist items and achieve Final Completion. The DESIGN/BUILDER shall proceed promptly to complete and correct the items on the Punchlist. 6.06 Final Completion and Final Payment. A. When the DESIGN/BUILDER considers that the Work is finally complete, the DESIGN/BUILDER shall so notify the CITY. The CITY will inspect the Work and will, based on its reasonable determination, either reject the request or accept the Work as evidenced by its recordation of a Notice of Completion. B. Neither final payment nor any final release of retainage shall become due to DESIGN/BUILDER until thirty-five (35) days following the later of (a) the date of the CITY's recordation of a Notice of Completion and/or (b) the date by which DESIGN/BUILDER has submitted to the CITY the last of all the following items: 1. An affidavit that all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the CITY might reasonably be responsible, have been paid or otherwise satisfied; 2. Consent of surety to final payment; 3. Data establishing payment or satisfaction of all obligation such as receipts, releases and waivers from all persons legally eligible to file stop notices in connection with the Work; 4. Submittal of records, drawings and documents in reproducible format; 5. Submittal of any warranties, operational and maintenance manuals and other submittals required by the Contract Documents; and 6. Such other documentation as the CITY may reasonably require consistent with this agreement. 6.07 Waiver of Claims. Acceptance of Final Payment by the DESIGN/BUILDER shall constitute a waiver of affirmative claims by the DESIGN/BUILDER, except those previously made in writing and identified as unsettled of the time of final payment. 9 j mp/k/g:agree/sempra 1/10/l 9/98 • ARTICLE 7 PROJECT DOCUMENTS 7.01 Use of Materials. DESIGN/BUILDER agrees that all materials prepared hereunder, including all original drawings, designs, reports, field and office notices, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon Final Completion of the Project, whichever occurs first. In the event this Agreement is terminated, said materials may be used by CITY in the. completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment in full of amounts reasonably determined by CITY to be .earned by DESIGN/BUILDER to the point of termination of the work or completion of the Project, whichever is applicable. DESIGN/BUILDER shall be entitled to make and retain copies of all data prepared hereunder. 7.02 Delivery of Work Product. A copy of every significant technical memo and report prepared by DESIGN/BUILDER shall be submitted to the CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such work product, CITY shall identify specific requirements for satisfactory completion. 7.03 Record Documents. DESIGN/BUILDER shall maintain in a safe place at the Project Site one record copy of all drawings, specifications, addenda, written amendments, change orders, field orders and work change directives, in good order and annotated to show all changes made during construction ("Record Documents"). These Record Documents, together with all approved submittals, will be available to CITY for reference. Upon completion of the Work, these Record Documents and submittals, including a reproducible set of Record Drawings, will be delivered to CITY as a condition precedent to Final Payment. ARTICLE 8 DESIGN/BUILDER REPRESENTATIONS AND RESPONSIBILITIES 8.01 Examination of Local Conditions. The DESIGN/BUILDER represents that it has taken steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and local conditions which may affect cost, progress, or performance of the Work such and that its analysis is reflected in its Proposal attached as Exhibit B. 8.02 Review of Contract Documents and Field Conditions. A. DESIGN/BUILDER has examined and carefully studied the Contract Documents (including the Addenda) and the other related data identified in the Request for Proposals. The DESIGN/BUILDER shall perform the Work in.accordance with the Contract Documents and submittals approved in accordance with the procedures set forth herein. 10 j mp/k/g:agree/sempm I/10/19/98 i • B. DESIGN/BUILDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been identified or made available by CITY. C. The DESIGN/BUILDER shall .take field measurement and verify field conditions and shall carefully compare such field conditions and other information known to the DESIGN/BUILDER with the Contractor Documents before commencing activities. D. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. E. DESIGN/BUILDER has given CITY written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to DESIGN/BUILDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. F. DESIGN/BUILDER is aware of the general nature of work to be performed by CITY and others at the Site that relates to the Work as indicated in the Contract Documents. 8.03 Legal Requirements. DESIGN/BUILDER is familiar with all federal, state and local Laws and regulations that may affect cost, progress, performance or furnishing of the Work. The DESIGN/BUILDER shall comply with all applicable laws and shall give applicable notices pertaining thereto. The DESIGN/BUILDER shall prepare and file all documents required to obtain the necessary approvals of governmental authorities having jurisdiction over the Work and/or the Project and shall secure and pay for all permits and governmental fees, licensees and inspections necessary for the proper execution of the Work and completion of the Project. 8.04 Before Starting Work. A. DESIGN/BUILDER shall submit the following for review within ten (10) calendar days after issuance of the Notice to Proceed. 1. A preliminary Project Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work including each Milestone specified in the Contract Documents; ' 11 j m p/k/g:agree/sempra 1/10/19/98 2. A preliminary schedule of required Submittals and the times for submitting, reviewing and processing each submittal; 3. A preliminary Schedule of Values and Cash Flow Projection; and 4. Certificates of insurance and endorsements as required under this Agreement. 8.05 Initial Conference. Within twenty (20) calendar days after the issuance of the Notice to Proceed, a conference attended by CITY and DESIGN/BUILDER and others as appropriate will be held to establish a working understanding among the Parties as to the Work and to discuss the design concepts, schedules, procedures for handling submittals, processing Applications for Payment, maintaining required records and other Project matters. 8.06 CITY's Acceptance of Preliminary Submittals. A. At least ten (10) days before submission of the first Application for Payment, a conference attended by DESIGN/BUILDER, CITY and others as appropriate, will be held to review for acceptability the required Submittals. DESIGN/BUILDER shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the documents. No progress payment shall be made to DESIGN/BUILDER until the Submittals are acceptable to CITY as provided below. B. The Project Schedule will be acceptable to CITY as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on CITY responsibility for the sequencing, scheduling or progress of the Work nor interfere with nor relieve DESIGN/BUILDER from DESIGN/BUILDER's full responsibility therefor. The format and structure of the Project Schedule will be as set forth in the Contract Documents and approved by CITY. CITY's acceptance shall not be deemed to confirm that the schedule is a reasonable plan for performing the Work. DESIGN/BUILDER'S Schedule of Submittals will be acceptable to CITY as providing a workable arrangement for reviewing and processing the required Submittals. C. DESIGN/BUILDER's Schedule of Values and Cash Flow Projection will be acceptable to CITY as to form substance. ARTICLE 9 DESIGN PHASE SERVICES 9.01 Standard of Care. All design services to be performed by DESIGN/BUILDER and its employees, agents and subcontractors shall be performed in an expeditious and professional manner using architects, engineers and other professionals properly licensed and 12 j mp/k/g;agree/sempra 1/10/19/98 duly qualified in the jurisdiction in which the Project is located. The professional obligations of such persons shall be undertaken and performed on behalf of the DESIGN/BUILDER. All design services performed pursuant to this Agreement shall be provided with the standard of judgment, care, knowledge and skill which prevails among design professionals, of knowledge and skill, engaged in practice within Southern California under the same or similar circumstances, involving the design and construction of an improvement such as this Project in compliance with the CITY's requirements and performance criteria. Nothing in this article shall create a contractual relationship between such third party professionals and the CITY. 9.02 Preliminary Design Phase: DESIGN/BUILDER'S Proposal shall be deemed to satisfy all requirements for the Preliminary Design Phase, and CITY accepts the Proposal, including all attachments thereto, as a satisfactory preliminary design for the Project. CITY shall issue a Notice to Proceed promptly following execution of this Agreement by the Parties. 9.03 Final Design Phase. Immediately following receipt of the Notice to Proceed from the CITY, DESIGN/BUILDER shall: A. On the basis of the Proposal, prepare final Construction Documents showing the scope, extent, and character of the construction to be performed and furnished by DESIGN/BUILDER for the Project, including technical drawings, schedules, diagrams and specifications (which will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute) setting forth in sufficient detail the requirements for construction of the Work which shall provide information customarily necessary for the use of the building trades. B. Provide technical criteria, written descriptions and design data required for obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Project, and assist CITY in consultations with appropriate authorities. C. Furnish the above documents, drawings and specifications to and review them with CITY for approval within the time indicated in the approved Project Schedule. DESIGN/BUILDER shall not proceed with the Construction Phase unless and until it receives written authorization from CITY to do so. ARTICLE 10 CONSTRUCTION PHASE SERVICES 10.01 General. A. Construction services shall be performed by DESIGN/BUILDER and/or by qualified and licensed contractors, subcontractors and suppliers who are selected, paid and acting on behalf of the DESIGN/BUILDER. DESIGN/BUILDER shall provide or cause to be provided and shall pay for design services, labor, materials, 13 j mp/k/g:agree/sempra l/10/19/98 equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. B. The DESIGN/BUILDER shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. C. The DESIGN/BUILDER shall keep the CITY informed of the progress and quality of the Work. D. The DESIGN/BUILDER shall keep the premises free from accumulation of waste materials or rubbish caused by the DESIGN/BUILDER's operations. At the completion of construction of the Work, the DESIGN/BUILDER shall remove from and about the Project the •DESIGN/BUILDER'S tools, construction equipment, machinery, surplus materials, waste materials and rubbish. 10.02 Supervision and Superintendent of Construction. A. DESIGN/BUILDER shall supervise, inspect and direct the construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to provide the construction in accordance with the Contract Documents. DESIGN/BUILDER shall be solely responsible to see that the completed construction complies accurately with the Contract Documents and shall keep CITY advised as to the quality and progress of the Work. B. DESIGN/BUILDER shall have available any Site for the Project at all times during construction a competent resident superintendent, who shall not be replaced without written notice to CITY except under extraordinary circumstances. The CITY shall have the right, at any time, to direct a change in the DESIGN/BUILDER's key personnel at a Site if performance is unsatisfactory, as determined by CITY in its sole discretion. The superintendent will be DESIGN/BUILDER's representative at the Site and shall have authority to act on behalf of DESIGN/BUILDER. All written communications to the superintendent' shall be as binding as if given to DESIGN/BUILDER. 10.03 Labor. Materials and Equipment. A. DESIGN/BUILDER shall provide competent, suitably qualified personnel to survey and lay out the construction and perform construction as required by the Contract Documents. DESIGN/BUILDER shall at all times maintain good discipline and order at the Site. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all construction at the Site shall be performed during regular working hours, and 14 j mp/k/g:agree/sempra 1/10/19/98 DESIGN/BUILDER will not permit overtime work or the performance of construction of Saturday, Sunday or any legal holiday without CITY's written consent, which will not be unreasonably withheld. B. Unless otherwise specified in the Contract Documents, DESIGN/BUILDER shall furnish or cause to be furnished and assume full responsibility for materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. DESIGN/BUILDER, in the presence of CITY's personnel, will direct the checkout of utilities and operations of systems and equipment. C. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of CITY. If required by CITY, DESIGN/BUILDER shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. ARTICLE 11 OPERATIONAL PHASE 11.01 Operational Obligations. During each operational Phase of the Project, DESIGN/BUILDER shall: A. Provide assistance in connection with the start-up, testing, refining and adjusting of any equipment or system to the Project. B. Assist CITY in training staff to operate and maintain the Project. C. Assist CITY in developing systems and procedures for control of the operation and maintenance of and record keeping for the Project. D. Provide such other assistance as is mutually agreed. ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.01 Objectionable Employees/Agents. DESIGN/BUILDER shall not employ any subcontractor, engineer, supplier or other individual or entity against whom CITY may have reasonable objection. DESIGN/BUILDER shall not be required to employ any subcontractor, 15 j m p/k/g:agree/sempra 1/10/19/98 i • engineer, supplier or other individual or entity to furnish or perform any of the Work against whom DESIGN/BUILDER has reasonable objection. 12.02 No Relation With CITY Created. DESIGN/BUILDER shall be fully responsible to CITY for all acts and omissions of the subcontractors, engineers, suppliers and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with DESIGN/BUILDER. Nothing in the Contract Documents shall create for the benefit of any such subcontractor, engineer, supplier or other individual or entity any contractual relationship between CITY and any such subcontractor, engineer, supplier or other individual or entity, nor shall it create any obligation on the part of CITY to pay or to see to subcontractor, engineer, supplier or other individual or entity except as may otherwise be required by laws and regulations. 12.03 Coordination of Subcontractors. Suppliers and Others. DESIGN/BUILDER shall be solely responsible for scheduling and coordinating subcontractors, engineers, suppliers and other individuals and entities performing or furnishing any of the work under direct or indirect contract with DESIGN/BUILDER. DESIGN/BUILDER shall require all subcontractors, engineers, suppliers and such other individuals and entities performing or furnishing any of the Work to communicate with the CITY through DESIGN/BUILDER. 12.04 Agreements with Subcontractors. Suppliers and Others. All services performed or provided to and material and equipment supplied to DESIGN/BUILDER by a subcontractor or supplier will be pursuant to an appropriate design sub-agreement or construction sub-agreement between DESIGN/BUILDER and the subcontractor, engineer or supplier which specifically binds the subcontractor, engineer or supplier to the terms and conditions of the Contract Documents for the benefit of CITY. Whenever any such agreement is with a subcontractor, engineer or supplier who is listed as an additional insured on the property insurance provided for herein, the agreement between the DESIGN/BUILDER and the subcontractor, engineer or supplier will contain provisions whereby the subcontractor, engineer or supplier waives all rights against CITY, DESIGN/BUILDER, CITY's consultants and all other additional insureds for all losses and damages caused by any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any subcontractor, engineer or supplier, DESIGN/BUILDER will obtain the same. ARTICLE 13 BONDS 13.01 Three Bonds. DESIGN/BUILDER shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: A. A Performance Bond in the amount of one hundred percent of the Contract Price to guarantee the DESIGN/BUILDER's faithful performance of the Work; 16 j mp/k/g:agree/sempral/10/19/98 B. A Warranty Bond 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 C. A Payment Bond in the amount of one hundred percent of the Contract Price to guarantee payment of all claims for labor and materials furnished. 13.02 Surety Requirements. The bonds shall be executed by a California admitted surety rated A-VH or better in Best's Insurance Guide. If a Best's Insurance Guide rating is not available, the proposed surety must meet comparable standards of another rating service satisfactory to CITY. Bonds issued by a surety listed in the latest version of the U.S. Department of Treasury Circular. 570 shall be deemed to be accepted unless specifically rejected by CITY. Bonds from sureties not listed in Treasury Circular 570 must be accompanied by all of the documents enumerated in California Code of Civil Procedure Section 995.660(a). 13.03 Bond Terms. Every bond must display the surety's bond number and incorporate the Contract Documents by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration or modification of the Contract Documents. ARTICLE 14 INDEMNIFICATION 14.01 Indemnity of CITY. To the fullest extent permitted by law, the DESIGN/BUILDER hereby assumes liability for and agrees to indemnify and hold harmless, the CITY, its officers, officials, agents, employees, and representatives (hereinafter referred to as ."Indemnities") from and against any and all claims, demands, defense costs, action, expenses of any kind whatsoever, arising out of or encountered in connection with this Agreement or the prosecution of Work under it (including but not limited to errors or omissions in design or design-build work for which DESIGN/BUILDER or its subcontractor(s) were responsible), whether such claims, demands, actions or liability are caused by DESIGN/BUILDER, DESIGN/BUILDER's subcontractors, agents or employees or products installed on the Project by DESIGN/BUILDER or subcontractors, regardless of whether caused in part by a party indemnified hereunder, excepting only such injury, death, or damages as may be caused solely and exclusively by the negligence or willful misconduct of the Indemnitees, as determined by a court of competent jurisdiction, and such indemnification shall extend to all claims, demands, actions, defense costs, or liability for injuries, death, or damages occurring after completion of the Project as well as during the Work's progress. DESIGN/BUILDER further agrees that it shall (at the option of the parry required to be indemnified hereunder) at its own cost, expense, and risk, defend Indemnitees in any and all claims, demands, actions, suits, or other legal proceedings which may be brought or instituted against Indemnitees. 17 j mp/k/g:agree/sempra l/10/19/98 14.02 Survives Termination. This indemnity shall survive termination of the Agreement or final payment hereunder. This indemnity is in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, the CITY may, in its sole discretion, reserve, retain or apply any monies due to the DESIGN/BUILDER under the Agreement for the purpose of resolving such claims; provided, however, that the CITY may release such funds if the DESIGN/BUILDER provides the CITY with reasonable assurance of protection of the Indemnitees' interest. The CITY shall in its sole discretion determine whether such assurances are reasonable. ARTICLE 15 INSURANCE 15.01. Workers Compensation Insurance. A. Pursuant to California Labor Code section 1861, DESIGN/BUILDER acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; DESIGN/BUILDER covenants that it will comply with such provisions prior to commencing performance of the work hereunder. B. DESIGN/BUILDER shall maintain workers compensation insurance in an amount of not less than: 1. One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence; 2. One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee; and 3. Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, aggregate policy limit. C. DESIGN/BUILDER shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. DESIGN/BUILDER shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and DESIGN/BUILDER shall similarly require all subcontractors to waive subrogation. 15.02 General Liability Insurance. DESIGN/BUILDER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify DESIGN/BUILDER, 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 amounts: 18 j mp/k/g:agree/sempra 1/10/19/98 A. Combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. B. 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 general liability 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 DESIGN/BUILDER'S insurance shall be primary. 15.03 Professional Liabilily Insurance. DESIGN/BUILDER shall furnish a professional liability insurance policy covering the design work required by the Contract Document. Said policy shall provide coverage for Consultant's professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate. A claims made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the DESIGN/BUILDER's start of work (including subsequent policies purchased as renewals or replacements). B. DESIGN/BUILDER will make every effort to maintain similar insurance during the required extended period of coverage following Project completion, including the requirement of adding all additional insureds. C. If insurance is terminated for any reason, DESIGN/BUILDER agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. D. The reporting of circumstances or incidents that might give rise to future claims. 15.04 Certificates of Insurance and Endorsements. Prior to commencing performance of the Work hereunder, DESIGN/BUILDER shall furnish to CITY certificates of insurance, subject to approval of the City Attorney, evidencing the foregoing insurance coverages required by this Agreement; said certificates and endorsements shall: A. Name the CITY as an additional insured with the sole exception of professional liability insurance; B. Provide the name and policy number of each carrier and policy; C. Shall state that the policy is currently in force; and 19 j m p/k/g:agree/se m p ra 1/10/19/98 D. Shall promise that.such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty days prior written notice to the CITY; however, ten days prior written notice in the event of cancellation for nonpayment of premium. 15.05 DESIGN/BUILDER 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 DESIGN/BUILDER 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. DESIGN/BUILDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. ARTICLE 16 PATENT PEES AND ROYALTIES 16.01 Licenses. DESIGN/BUILDER shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. To the fullest extent permitted by laws and regulations. DESIGN/BUILDER shall defend, indemnify and hold harmless CITY and its agents, employees and officers, from and against all claims, costs, losses and damages (including bug not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or pertaining, in any manner, to any actual or alleged infringement of patent rights or copyrights incident to the use in DESIGN/BUILDER'S performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the conceptual documents. 16.02 Assignment of Actions. The DESIGN/BUILDER offers and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code of the State of California), arising from purchases of goods, services or materials pursuant to performance of the Work. This assignment will be made and becomes effective at the time CITY tenders final payment to DESIGN/BUILDER, without further acknowledgement by the Parties. ARTICLE 17 PERMITS 17.01 Permit Responsibility. Unless otherwise provided in the Contract Documents, DESIGN/BUILDER shall directly or through one or more subcontractors obtain and pay for all necessary permits and licenses. CITY shall provide prompt assistance to DESIGN/BUILDER, when necessary, in obtaining such permits and licenses. DESIGN/BUILDER shall pay all 20 j mp/k/g:agree/sempra l/10/19/98 governmental charges and inspection necessary for the prosecution of the construction, which are applicable on the last day for receipt of proposals. DESIGN/BUILDER shall pay all charges of utility owners for connections to the Work, and CITY shall pay all charges of such utility owners for capital costs related thereto. ARTICLE 18 LAWS AND REGULATIONS 18.01 Compliance with Laws. DESIGN/BUILDER shall give all notices and comply with all laws and regulations of the place of the Project which are applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable laws and regulations, CITY shall not be responsible for monitoring DESIGN/BUILDER'S compliance with any laws or regulations. 18.02 Non-Compliance Costs. If DESIGN/BUILDER performs any work knowing or having reason to know that it is contrary to laws or regulations, DESIGN/BUILDER shall bear all costs arising therefrom. 18.03 Changes in Laws. Changes in laws and regulations not known or foreseeable on the date of receipt of proposals having an effect on the cost or time of performance may be the subject of a claim as provided for herein. ARTICLE 19 TAXES 19.01 Tax Responsibility_ DESIGN/BUILDER shall pay all sales, consumer, use, gross receipts and other similar taxes required to be paid by DESIGN/BUILDER in accordance with the laws and regulations of the place of the Project which are applicable during the performance of the Work. ARTICLE 20 USE OF SITE AND OTHER AREAS 20.01 Site Usage. DESIGN/BUILDER shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the CITY and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER shall assume full responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. DESIGN/BUILDER shall, to the fullest extent permitted by laws and regulations, indemnify and hold harmless CITY, CITY's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or 21 j mp/k/g:agree/sempra 1/10/19/98 equitable, brought by any such CITY or occupant against CITY, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDER's performance of the construction. 20.02 Free From Debris. During the performance of the Work, DESIGN/BUILDER shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the construction. At the completion of the construction DESIGN/BUILDER shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER shall leave the Site clean and ready for occupancy by CITY at substantial completion. DESIGN/BUILDER shall restore to original condition all property not designated for alteration by the Contract Documents. 20.03 Stress and Pressures. DESIGN/BUILDER shall not load nor permit any part of any structure at any Site to be loaded in any manner that will endanger or damage the structure, nor shall DESIGN/BUILDER subject any part of the Work or adjacent property to stresses or pressures that will endanger or damage it. ARTICLE 21 SAFETY AND PROTECTION 21.01 Safety Programs. DESIGN/BUILDER shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs'in connection with the construction. DESIGN/BUILDER shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: A. All persons on the Site or who may be affected by the construction; B. All work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and C. Other property at the Site or adjacent thereto, including trees, shrubs, lawns; walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 21.02 Applicable Laws. Subject to 18.63, DESIGN/BUILDER shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or, property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. DESIGN/BUILDER shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by DESIGN/BUILDER, any subcontractor, supplier or any other individual or entity directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, shall be remedied by 22 j mp/k/g:agree/sempra 1/10/19/98 I DESIGN/BUILDER. DESIGN/BUILDER's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the work in completed and CITY has issued a notice to DESIGN/BUILDER in accordance with Section 12.09 that the work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 21.03 Safety Representative. DESIGN/BUILDER shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs related to the Work. Such representative shall continue to act through the completion of the Project unless a successor representative is mutually agreed upon. ARTICLE 22 ENVIRONMENTAL HAZARDS 22.01 In the event DESIGN/BUILDER encounters at the Site any material reasonably believed to be asbestos, radon, polychlorinated biphenyl ("PCB") di (2-ethylhexyl) phthalate ("DEHP") or any pollutant or any other hazardous substances as the term is defined in 42 U.S.C. Article 9601(14) or any successor provision, which has not been rendered harmless on reasonably satisfactory basis ("Hazardous Materials"), DESIGN/BUILDER shall stop the WORK in the area affected and report the conditions to the CITY in writing. Resumption of the Work in this area shall not be resumed except by written agreement between the Parties, it being expressly understood that DESIGN/BUILDER will not be required to continue with the Work to the extent Hazardous Materials are involved. The CITY is legally responsible for any hazardous materials existing and/or newly-discovered at the Site. The cost of removal and disposal of Hazardous Materials, and any other legal or other obligation related thereto, including without limitation any related obligations regarding remediation of Hazardous Materials, shall be the sole responsibility of CITY. ' 22.02 Hazardous Materials. DESIGN/BUILDER shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with laws or regulations. ARTICLE 23 EMERGENCIES 23.01 Emergency Actions. In the event of emergencies affecting the safety or protection of persons or the construction or property at the Site or adjacent thereto, DESIGN/BUILDER, without special instruction or authorization from CITY, is obligated to take reasonable actions to prevent threatened damage, injury or loss. DESIGN/BUILDER shall give CITY prompt written notice if DESIGN/BUILDER believes that any significant changes in the construction or variations from the Contract Documents have been caused thereby. If a change in the Contract Documents is required because of the action taken by DESIGN/BUILDER in response to such an emergency a Change Order will be issued to document and make appropriate adjustment for the consequences of such action. 23 j mp/k/g:agree/sempra 1/10/19/98 ARTICLE 24 SUBMITTALS 24.01 DESIGN/BUILDER Submittals. CITY will review and approve submittals in accordance with the schedule of required submittals accepted by CITY as required by the Contract Documents. CITY's review and approval will be-,only to determine if the items covered by the submittals will, after installation or incorporation in the construction, conform to the information given in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. CITY's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item, as such, will not indicate approval of the assembly in which the item functions. DESIGN/BUILDER shall make corrections required by CITY, and shall return the required number of corrected copies of the required submittal for review and approval. DESIGN/BUILDER shall direct specific attention in writing to revisions other than the corrections called for by CITY on previous submittals. 24.02 Variations. CITY's review and approval of required submittals shall not relieve DESIGN/BUILDER from responsibility for any variation from the requirements of the Contract Documents unless DESIGN/BUILDER has in writing called CITY's attention to each such variation at the time of submission and CITY has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the submittal. 24.03 Pre-Approval Construction. Where a submittal is required by the Contract Documents of related construction provided prior to CITY's review and approval any such review of the pertinent submittal will be at the sole expense and responsibility of DESIGN/BUILDER. ARTICLE 25 CONTINUING THE WORK 25.01 Project Continuation. Except as provided in 3.03, DESIGN/BUILDER shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with CITY. No Work shall be delayed. or postponed pending resolution of any disputes or disagreements, except as DESIGN/BUILDER and CITY may otherwise agree in writing. ARTICLE 26 DESIGN/BUILDER'S GENERAL WARRANTY AND GUARANTEE 26.01 Guaran . DESIGN/BUILDER hereby unconditionally guarantees the CITY that the Work (including all services, labor and materials provided by Subcontractors, sub- subcontractors of any tier, Vendors and Material Suppliers) shall strictly comply with the provisions of the Contract Documents, including all drawings and specifications, and that the 24 j mp/k/g:agree/sem pra 1/10/19/98 Work shall be first-class in every particular and free from defects in construction and workmanship. The DESIGN/BUILDER further guarantees that all materials, equipment and supplies furnished by the DESIGN/BUILDER or by its Subcontractors, sub-subcontractor of any tier vendors or material suppliers for the Work shall be new, merchantable, and fit for their intended purposes. Work not conforming to these requirements, including substitutions no properly approved and authorized, shall be considered defective. Approval of any material or Work at any time or stage of construction will not prevent its subsequent rejection for cause. The DESIGN/BUILDER shall jointly assign all its rights and interests in warranties of Vendors and Material Suppliers to the CITY and CITY after Substantial Completion and receipt of full payment hereunder in a fashion that meets the specifications of this Section. 26.02 Strict Compliance. DESIGN/BUILDER's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following actions will constitute an acceptance of any portion of the Work that is not in accordance with the Contract Documents or as set forth in CITY's written release of any specific obligation of DESIGN/BUILDER's to perform the Work in accordance with the Contract Documents: A. Observations by CITY; B. The making of any progress or final payment; C. The issuance of a certificate of substantial compliance; D. Use or occupancy of the work or any part thereof by CITY; E. Any acceptance by CITY or any failure to do so; F. Any review and approval of a submittal; G. Any inspection, test or approval by others; or H. Any correction of defective construction by CITY. The DESIGNBUILDER guarantees set forth in this Article shall 26 extend for a period of twelve (12) months after the Date of Final Completion. The DESIGNBUILDER's warranty obligation as stated herein shall survive termination of the Contract. The CITY shall provide all notices to DESIGNBUILDER of defects in writing promptly after discovery of defective conditions. The establishment of the time period of twelve (12) months after the Date of Final Completion or such longer period of time as may be prescribed by law or by the terms of any longer warranty required by the Contract Documents relates only to the specific obligation of the DESIGNBUILDER to correct the Work. Nothing contained in this Article shall be construed to establish a period of limitation with respect to any other liabilities which the DESIGNBUILDER remains subject to under the Contract Documents. Vendor and material supplier warranties. are to have the duration set forth in the Contract Documents or other mutually agreed documentation hereunder, but in no event less than the period specified under this Section. 25 j mp/k/g:agree/sempra 1/10/19/98 26.03 Correction of Defects. Without limitation of any other rights or remedies of the CITY, if any defect in the Work in violation of the guarantees set forth above arises within twelve (12) months after the Date of Final Completion, the DESIGN/BUILDER and its sureties shall upon receive of written notice of such defect and demand to correct any such defective Work rejected by the CITY as failing to conform to the Contract Documents, at no cost to the CITY, shall within three (3) days of receipt of notice of said defective work (unless otherwise agreed to in writing by the CITY which shall not unreasonably refuse to extend the period if appropriate under the circumstances), furnish and provide all design and engineering, labor, equipment, materials and other services at the site necessary to correct such defect and cause the Work to comply fully with the foregoing guarantees. The DESIGN/BUILDER is obligated to correct all such defects, whether these defects are discovered before or after the Date of Final Completion, and whether or not the defective Work has been fabricated, installed or completed. Access to building's interior for corrective work shall be closely coordinated with the CITY so as not to conflict with scheduled events taking place within, but CITY shall facilitate the completion of corrections to the extent reasonably feasible. The DESIGN/BUILDER shall obtain approved "Dark Days" from CITY prior to commencing corrective measures of defective work. The DESIGN/BUILDER shall bear all costs of correcting such rejected and defective Work, including access to the Work and removal and replacement of non-defective Work which is needed in order to correct defective Work, and also including compensation for the Architect's or CITY's Representative additional services made necessary thereby. 26.04 Failure to Correct. In the event the DESIGN/BUILDER has been notified of any defect in the Work in violation of the DESIGN/BUILDER'S foregoing guarantees, and in the event the DESIGN/BUILDER fails to promptly and adequately correct such defect consistent with 26.03, the CITY shall have the right to correct or to have such defects corrected or the account of the DESIGN/BUILDER. The DESIGN/BUILDER shall bear all costs incurred by the CITY or its separate contractors resulting from the CITY's correction or removal of Work which does not conform with the requirements of the Contract Documents. However, the foregoing shall not contravene potential recovery of such costs under insurance coverage afforded for any such loss or damage under the Insurance terms of Article 15. 26.05 Title Warranty. The DESIGN/BUILDER warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the CITY, either by incorporation in the Work or upon the receipt of payment of such work by the DESIGN/BUILDER, whichever occurs first, free and clear of all stop notices, claims, security interests or encumbrances. The DESIGN/BUILDER further warrants that no Work, materials, or equipment covered by an Application for Payment, whether acquired by the DESIGN/BUILDER, or by any other person performing Work at the site or furnishing materials and equipment for the Project, be subject to any stop notice or encumbrances thereon. The DESIGN/BUILDER and its surety hereby agree to indemnify and hold all indemnitees as defined in the Agreement harmless from and against any and all costs, expenses including attorneys fees, damages, claims or liabilities in any way arising out of stop notices. relating to materials, equipment or services provided the DESIGN/BUILDER, Subcontractors, sub-subcontractors and their respective Material Suppliers, Vendors, employees, agents or 26 j mp/k/g:agree/sempra 1/10/19/98 representatives. It is expressly understood that the DESIGN/BUILDER's obligations in this respect begin immediately at the outset of any filing, claim by correspondence or court proceeding and without regard to a showing of DESIGN/BUILDER'S fault. 26.06 Warranty Exclusions. The DESIGN/BUILDER's warranty hereunder excludes damages or defects solely caused by modifications not executed by the DESIGN/BUILDER, improper or insufficient maintenance, improper operation by the CITY, or normal wear and tear under normal usage. 26.07 Election to Accept, The CITY may elect to accept defective or non-conforming Work at is sole discretion, instead of requiring removal and correction by the DESIGN/BUILDER. In any such cases, a Change Order will be issued to reflect a reduction in the Contract Price where appropriate and equitable. In the event that the final payment has been made or insufficient funds remain to permit offset by the CITY, the DESIGN/BUILDER shall make prompt payment to the CITY of the amounts so determined. 26.08 Assignment of Warranties. The DESIGN/BUILDER's guarantees, as set forth in this Article 26 (hereinafter "Article 26 Warranties"), are freely assignable to Assignees by the CITY. The DESIGN/BUILDER hereby agrees to honor the Article 26 Warranties to such Assignees. Upon assignment of the CITY's Warranty Rights, the Assignee shall promptly notify the DESIGN/BUILDER, in writing, of all discovered defects or defective conditions. In no event will the CITY's assignment of its Warranty Rights alter either the scope of Warranty Period of DESIGN/BUILDER's Article 26 Warranties. ARTICLE 27 PREVAILING WAGE 27.01 Per Diem Wages. DESIGN/BUILDER shall pay at least the minimum prevailing per diem wages as provided in Section 1773, et seq. of the Labor Code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. ARTICLE 28 CHANGES IN THE WORK AND CLAIMS 28.01 Additional Services. In the event CITY requires additional services related to the Project not included in the Contract Documents, or changes in the scope of the Work described in the Contract Documents,' DESIGN/BUILDER will undertake such work after receiving written authorization from CITY. In these circumstances, appropriate additional compensation for such extra work shall be allowed following receipt of written approval of CITY and such approval shall not be withheld unreasonably. 28.02 Changes to Agreed Specifications. DESIGN/BUILDER shall adhere strictly to the plans and specifications for the Work set forth in the Contract Documents unless a change therefrom is authorized in writing by the CITY. DESIGN/BUILDER agrees to make any and 27 j mp/k/g:agree/sempra 1/10/19/98 all such changes, furnish materials and perform all work necessary within the scope of the Project as the CITY may reasonably require in writing. Under no condition shall DESIGN/BUILDER make any changes without the written order of the CITY, and CITY shall not pay any extra charges made by DESIGN/BUILDER that have not been agreed upon in writing by the CITY but such.approval shall not be withheld unreasonably. 28.03 Reimbursement for Changes. When directed to change the Work, DESIGN/BUILDER shall submit immediately to the CITY a written Revised Cost Proposal reflecting the effect of the change. Should the CITY not agree to such Revised Cost Proposal, the Work shall be performed according to the changes ordered in writing by the CITY and the proper cost thereof shall be negotiated by the Parties in good faith upon cost and pricing data submitted by the DESIGN/BUILDER; thereupon, CITY will promptly issue an adjusted change order to DESIGN/BUILDER and the Contract Price and/or Contract Time will be adjusted upward or downward accordingly to fairly reflect the changes to the Work. ' 28.04 Claims. The DESIGN/BUILDER may submit one or more claims in the form of Cost Proposals for any requested adjustment in the Contract Price or Contract Time pursuant to the provisions of this Agreement. In such case, the DESIGN/BUILDER shall give the CITY written notice within seven (7) calendar days after it becomes aware of the event giving rise to the Change Proposal. Thereafter the CITY shall have a reasonable amount of time after receipt of the claim to make a reasonable determination permitting it to either confirm or refute the basis for the Cost Proposal. Failure to give the notice required by this section shall be deemed a waiver of the claim. ARTICLE 29 TESTS AND INSPECTIONS CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION 29.01 Notice of Defects. Prompt written notice of all defective construction of which CITY.has actual knowledge will be given to DESIGN/BUILDER by CITY. All defective construction may be rejected, corrected or accepted as provided in this Article. 29.02 Access To Construction. CITY, its consultants, or other representatives and personnel of CITY, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the construction at the site at reasonable times for their observation, inspection and testing. To the extent reasonably feasible DESIGN/BUILDER shall provide them proper and safe conditions for such access and advise them of DESIGN/BUILDER's site safety procedures and programs so that they may comply therewith as applicable. 29.03 Tests And Inspections. A. If the Contract Documents, laws or regulations of any public body having jurisdiction require any part of the construction specifically to be inspected, tested or approved, DESIGN/BUILDER shall assume full responsibility for 28 j mp/k/g:agree/sempra 1/10/19/98 arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish CITY the required certificates of inspection or approvals. DESIGN/BUILDER shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or. approval required for CITY's acceptance of materials or equipment to be incorporated in the construction or of materials, mix designs, or equipment submitted for approval prior to DESIGN/BUILDER's purchase thereof for incorporation in the construction. B. DESIGN/BUILDER shall give CITY reasonable notice of the planned schedule for all required inspections, tests or approvals. C. If any construction (or the construction work of others) that is required to be inspected, tested or approved is covered by DESIGN/BUILDER without written concurrence of CITY, the Work must, if requested by CITY, be uncovered for observation at. DESIGN/BUILDER's expense unless DESIGN/BUILDER has given CITY timely notice of DESIGN/BUILDER'S intention to cover the same and CITY has not acted with reasonable promptness in response to such notice. 29.04 Uncovering Construction. A. If any construction is covered contrary to the written request of CITY or without inspection, it must, if requested by CITY, be uncovered for CITY's observation and recovered at DESIGN/BUILDER'S expense. B. If CITY considers it necessary or advisable that covered construction be observed by CITY or inspected or tested by others, DESIGN/BUILDER, at CITY's request, shall uncover, expose or otherwise made available for observation, inspection or testing as CITY may reasonably require, that portion of the construction in question, furnishing all necessary labor, material and equipment. If it is found that such construction is defective, DESIGN/BUILDER shall pay all reasonable costs and damages caused by or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or rework, (including but not limited to all fees and charges of engineers, architects, attorneys and other professional, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others); and CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as proved herein. If, however, such construction is not fouled to be defective, DESIGN/BUILDER shall be allowed an appropriate increase in the Contract Price or an extension of the Contract Time (or milestones in the Schedule for any Phase), directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and rework; and, if the Parties are unable to agree as to the amount or extent thereof, DESIGN/BUILDER may make a claim therefor as provided herein. 29 j mp/k/g:agreeAempra 1/10/19/98 29.05 City May Stop the Construction. If the construction is reasonably determined by the CITY to either be defective, or if it reasonably DESIGN/BUILDER fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the construction in such a way that the completed construction will conform to the Contract Documents, CITY may order DESIGN/BUILDER to stop construction or any portion thereof, until the cause for such order has been eliminated; however, this right of CITY to stop construction will not give rise to any duty on the part of CITY to exercise this right for the benefit of DESIGN/BUILDER or any other party. 29.06 Correction Or Removal Of Defective Construction. CITY will have authority to disapprove or reject defective construction and will have authority to require special inspection or testing of the construction whether or not the construction is fabricated, installed or completed. If required by CITY, based on its reasonable determination, DESIGN/BUILDER shall promptly, as directed, either, correct all defective construction whether or not fabricated, installed or completed, or, if the construction has been rejected by CITY, remove it from the site and replace it with nondefective construction.. DESIGN/BUILDER shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 29.07 Correction Period. A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provisions of the Contract Documents, any construction is found to be defective, DESIGN/BUILDER shall promptly, without cost to CITY and =in accordance with CITY's written instructions, (i) correct such defective construction, or if it has been rejected by CITY, remove it from the site and replace it with construction that is not defective, and (ii) satisfactorily correct or remove and replace any damage to the Work resulting therefrom. If DESIGN/BUILDER does not promptly comply with the terms of such instruction, or in an emergency where delay would cause serious risk of loss or damage, CITY may have the defective construction corrected or the rejected construction removed and replaced, and all costs and damages caused by or resulting from such removal and replacement (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others), will be paid by DESIGN/BUILDER. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the construction, the correction period for that time may start to run from an earlier date if so provided in the specifications or by written amendment. 30 j mp/k/g:agree/sempra 1/10/19/91 C. Where defective work (and damage to other construction resulting therefrom) has been corrected, removed or replaced under this Section; the correction period hereunder with respect to such construction will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 29.08 Acceptance of Defective Construction. If, instead of requiring correction or removal and replacement of defective construction, CITY prefers to accept it, CITY may do so. DESIGN/BUILDER shall pay all costs attributable to CITY's evaluation of and determination to accept such defective construction (such costs to include but not be limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs). If any such acceptance occurs prior to final payment, a change order will be issued incorporating the necessary revisions in the Contract Documents with respect to the construction; and CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, CITY may make a claim therefor as provided herein. If the acceptance occurs after final payment, an appropriate amount will be paid by DESIGN/BUILDER to CITY. 29.09 City May Correct Defective Construction. If DESIGN/BUILDER fails within a reasonable time after written notice from CITY to correct defective construction or to remove and replace rejected construction as required by CITY or if DESIGN/BUILDER fails to perform . the construction in accordance with the Contract Documents, or if DESIGN/BUILDER fails to comply with any other provision of the Contract Documents, CITY may, after seven days written notice to DESIGN/BUILDER, correct and remedy any such deficiency. In exercising the rights and remedies under this Section CITY shall proceed expeditiously. In connection with such corrective and remedial action, CITY may exclude DESIGN/BUILDER from all or part of the Site, take possession of all or part of the construction, and suspend DESIGN/BUILDER's services related thereto, take possession of DESIGN/BUILDER'S tools, appliances, construction equipment and machinery at the site and incorporate in the construction all materials and equipment it stored at the site or for which CITY has paid DESIGN/BUILDER but which are stored elsewhere. DESIGN/BUILDER shall allow CITY, CITY's representative, agents and employees, CITY's other contractors and consultants access to the site to enable CITY to exercise the rights and remedies under this Section. All costs and damages incurred or sustained by CITY in exercising such rights and remedies shall be charged against DESIGN/BUILDER and a change order will be issued incorporating the necessary revisions in the Contract Documents and CITY shall be entitled to an appropriate decrease in the contract price, and, if the parties are unable to agree as to the amount thereof, CITY may make a claim therefor as provided herein. Such costs and damages will include but not be limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs and al costs of repair or replacement of work of others destroyed or damaged by correct, removal or replacement of DESIGN/BUILDER's defective construction. DESIGN/BUILDER shall not be allowed an extension of the contract times (or milestones) because of any delay in the performance of the construction attributable to the exercise by CITY of CITY's rights and remedies hereunder. 31 j mp/k/g:agree/sempra 1/10/19/98 s • 29.10 Final Inspection. Upon written notice from DESIGN/BUILDER that the entire construction or an agreed portion thereof is complete, CITY will make a final inspection with DESIGN/BUILDER and will notify DESIGN/BUILDER in writing of all particulars in which this inspection reveals that the construction is incomplete or defective. DESIGN/BUILDER shall immediately take such measures as are reasonably necessary to complete such construction or remedy such deficiencies. ARTICLE 30 INDEPENDENT DESIGN/BUILDER 30.01 Independent Contractor. DESIGN/BUILDER is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. DESIGN/BUILDER 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 DESIGN/BUILDER and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. ARTICLE 31 TERMINATION OF AGREEMENT 31.01 Early Termination. All Work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate DESIGN/BUILDER's services hereunder at any time, with or without cause, and whether or not the Project is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to DESIGN/BUILDER as provided herein; provided, however that in the event that CITY elects to terminate this Agreement prior to completion of any Phase of the Project or in the event that CITY completes any portion of any Phase of the Project under 2.03, 20.09 or 31.02, the warranties of DESIGN/BUILDER under Article 14 shall not apply to any Phase which is uncompleted as of the date of such termination by CITY. 31.02 Compensation for Early Termination. In the event of early termination under 31.01, the DESIGN/BUILDER will be compensated for the reasonable value of the Work performed prior to the termination. In the event the DESIGN/BUILDER defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents, CITY may give written notice that CITY intends to terminate the performance of the Work. If the DESIGN/BUILDER fails to correct the failure of performance within seven (7) calendar days after being given notice, the CITY may, without prejudice to any other remedy, correct such deficiencies and may deduct the reasonable cost thereof from any payment due the DESIGN/BUILDER or, at the CITY's option, may terminate the employment of the DESIGN/BUILDER and take position of the site and of all materials located on the site as well as all drawings, plans and specifications and finish the Work by whatever means the CITY may deem expedient. When the CITY terminates the DESIGN/BUILDER for default as provided for herein, the DESIGN/BUILDER shall not be entitled to receive further payment until the Work is finished. If the reasonable expense of finishing the Work exceeds the unpaid 32 j mp/k/g:agree/sem pra l/10/19/98 balance of the Contract Price, the DESIGN/BUILDER and its surety shall pay the difference to the CITY. ARTICLE 32 DISPUTE RESOLUTION 32.01 Litigation of Disputes. Any dispute which cannot be resolved between the Parties shall be resolved through litigation in a court of competent jurisdiction (i.e., Superior or Municipal) of the State of California. Venue for any such litigation concerning this Agreement shall be the County of Orange. The Parties hereby consent to the jurisdiction of such court and expressly waive all rights they may have to a change of venue including, but not limited to, the provisions of California Code of Civil Procedure Section 394. DESIGN/BUILDER agrees to incorporate the provisions of this Article into all subagreements and subcontracts and to obtain express waives from all subcontractors and subconsultants of rights concerning change of venue. ARTICLE 33 ASSIGNMENT AND SUBCONTRACTING 33.01 Approval of Assignments. DESIGN/BUILDER 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. ARTICLE 34 COPYRIGHTS/PATENTS 34.01 Rights in Intellectual Property. Except as to rights obtained under license or otherwise under 16.01, CITY shall own all rights to any new patent or copyright developed or produced directly as a result of this Project. ARTICLE 35 CITY EMPLOYEES AND OFFICIALS 35.01 Ban on Use of Citp Employees. DESIGN/BUILDER 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 applicable provisions of law. ARTICLE 36 NOTICES 36.01 Written Notices. Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to DESIGN/BUILDER'S agent (as designated in Section 1 hereinabove) or to CITY's Director of Public Works as the situation shall warrant, or by enclosing the same in a sealed envelope, 33 j mp/k/g:agree/sempra 1/10/19/98 postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO DESIGN/BUILDER: Director of Public Works Sempra Energy Solutions City of Huntington Beach 633 West Fifth Street 2000 Main Street Los Angeles, CA 90071 Huntington Beach, CA 92648 ARTICLE 37 CAPTIONS 37.01 Headings. 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. ARTICLE 38 IMMIGRATION 38.01 Employment Verification Compliance. DESIGN/BUILDER 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 the United States Code regarding employment verification. ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED 39.01 Subcontractor Legal Services. DESIGN/BUILDER 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. DESIGN/BUILDER 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 DESIGN/BUILDER. ARTICLE 40 ATTORNEY'S FEES 40.01 Litigation Attorney In the event suit is brought by either of the Parties to enforce the terms and provisions of this agreement or to secure the performance hereof, each of the Parties shall bear its own attorney's fees. 34 j mp/k/g:agree/sempra 1/10/19/98 ARTICLE 41 SEVERABILITY 41.01 Enforcement of Remaining Provisions. In the event any provision of this Agreement and/or the Contract Documents shall be deemed illegal, invalid, unenforceable and/or void by a court of competent jurisdiction by any other governmental agency of competent jurisdiction, such provision shall be deemed to be severed and deleted from the Contract Documents, and all remaining provisions hereof shall, in other respects, continue in full force and effect to the extent they remain consistent with the original intent of the Parties. ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED 42.01 Automatic Incorporation of Legal Requirements. Each and every provision and clause required by law to be inserted in the Contract Documents shall be deemed to be inserted herein and the Contract Documents shall be read and enforced as though such provision or clause is included herein; provided, however, consistent with this Agreement. CITY shall promulgate no new ordinances, rules, regulations or orders which change the intent of the provisions of this Agreement. REST OF PAGE NOT USED 35 j mp/k/g:agree/sempra 1/10/19/98 ARTICLE 43 COVENANT OF ASSURANCES 43.01 Covenant of Assurances. . Each party shall do all necessary acts, and execute and deliver such written instruments, as shall be reasonably required from time to time to carry out the intent and terms of this Agreement, including without limitation any non-material changes to this Agreement necessary to make it enforceable consistent with the intent of the Parties and to conform to law. c 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. DESIGN/BUILDER: CITY OF HUNTINGTON BEACH, A SEMPRA ENERGY SOLUTIONS, L.L.C. municipal corporation of the State of California By: 1 �OI print name 3I ITS: (circle one) Chairman/Presiden Vice Mayor resident ATTEST: AND City Clerk If/.2 9 By: Okgy e. t :c1'11 1 APPROVED AS TO FORM:. It print name 1�1'7TS: (circle one Secretary/Chief FinancialE to �� y8 Officer/Asst Secretary Treasurers ��City Attorney License Number: p I D AND APPROVED: illo/ P �ss6�3 Expiration Date: /L/L 3/y.? Director of Public Works REVIEWED AND APPROVED: Ci Administrator 36 j mp/k/g:agree/sempra l/10/19/98 r 7 Certificate of Insurance (61elJ Auency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Professional Practice Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 250'Newport Center Drive, Suite-200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Newport Beach, California 92660 ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW. (949)729.0777 Fax (949)729.0770 Insured's Name and Address: �I, L►��k Companies Affording Coverage KMA CONSULTING Company A --American Motorist Insurance Company 125 East Baker Street,-Suite 2 �Na, pPp�p Company B --Continental Casualty Company Costa Mesa, California 92626 (R/-7/9 �- t��oFA'Lo 1 007 OF COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH POLICIES. CO. TYPE OF POLICY POLICY POLICY LTR. INSURANCE NUMBER EFFEC.DATE EXPIR.DATE LIMITS GENERAL LIABILITY General Aggregate $2,000,000 A [X] Comml.Gen. Liability 7JW305569-01 06/01/98 06/01/99 Products-Com/O s Agg. $2,000,000 [ ]Claims Made Personal&Adv. Injury $1,000,000 [X]Occurrence Each Occurrence $1,000,000 [X] Independent Contractors Fire Damage(any one fire $ 300,000 [X] Contractual Other X I BFPD $ - AUTO LIABILITY Combined Single Limit $1,000,000 A [ ] Any Automobile 7JW305569-0i 06/01/98 06/01/99 [ j All owned autos Bodily Injury(per person) (- ] Scheduled autos $ [X] Hired autos TO FORS Bodily Injury(per accident) [X] Non-owned autos APPROVED $ [ ] Garage liability ^q:LL ?j`�T i Property Damage (,TTv kTT RA $ EXCESS LIABILITY - [ ] Umbrella Form y=: Each Occurrence $ Other than Umbrella Form ii u� Aggregate $ WORKERS' M, Statutory Limits: COMPENSATION Each Accident $ AND EMPLOYERS' Disease-Policy Limit $ LIABILITY Disease-Each Employee $ B PROFESSIONAL AEE113965366 4/11/1999 4/1 / 00 CH CLAIM/ $1,000,000 LIABILITY ND AGGREGATE Description of Operations/Locations/Vehicies/Restrictions/Special Items:.: All operations of the Named Insured. General Liability Only: Additional Insured Endorsement attached. Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED. WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. CANCELLATION: CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 2000 MAIN STREET .EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE HUNTINGTON BEACH,CALIFORNIA 92648 TO THE CERTIFICATE HOLDER NAMED TO THE FT, EXCEPT IN THE EVENT OF CANCELLATION DUE TO NnSE MENT OF PREMI IN WHICH CASE A 10 DAYS'NOTICE WILL BE GIVEN. PLOTE HANGE IN NC�LIATION VERBIAGE) Authorized Represent ti EVIS D Date: April 26,1999 Heather Hig n ARCHITECTS AND ENGINEERS PROGRAM ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: 1. The following provision is added to paragraph C,WHO IS AN INSURED, in the Liability Coverage Form: The person(s)or organization(s)here named,only when required by a written contract to be named as an insured (called"additional insured") is an insured, but, only with respect to liability arising out of your premises or "your work"for the "additional insured". The City of Huntington Beach, it's Agents, officers & Employees 2. With respect to the insurance afforded these"additional insureds",the following additional provisions apply: A. The limits of insurance provided on behalf of the"additional insured"are not greater than those required by such contract. In no event shall the limits of insurance in this Coverage Form be increased by such contract. B. Primary Coverage With respect to claims arising out of the operations of the Named Insured, insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the Additional Insureds. C. Cross Liability Clause The naming of more than one person,firm or corporation as Insureds under this policy shall not,for that reason alone, extinguish any rights of the Insured against another, but his endorsement, and the naming of multiple-Insureds,shall not increase the total liability of the Company under this policy. D. Notice of Cancellation 1. If we cancel this policy for any reason other than non-payment of premium,we will mail written notice at least 30 days before the effective date of cancellation to the Additional Insured on file with the Company. 2. If we cancel this policy for non-payment of premium,we will mail written notice at least 10 days before the effective date of cancellation to the Additional Insureds on file with-the Company. Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated. NAMED INSURED: KMA Consulting POLICY NO: 7JW 305569-01 This Endorsement becomes effective: 04/19/99 AME CA MOTORI4SUE COMPANY horized Signater Higman ISSUED: April 26,1999 . . - • a - - - - . . ST ­ E P.O. BOX 420807 SAN'FRANCISCO CA 9414.2 0807r ..t,:COMPENSATIO,N.tt - •' 1-NSUFVAANCE' - ='''a`: FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE . MAY 17, 1999 PoucY NUMBER 14E61,42 — 98 ` , CERTIFICATE EXPIRES .. 1—q.q �-' ___ C I T_Y. OF. HUNT I NGTO BEACH . .- _RISK MANAGEMENT 2000 MAIN ;STREET HUNTINGTON BEACH, CA 92648 - . 'L . This is to certify that.we have issued'a valid',Workers''.Compensation insurance,policy.in.a forrri approved by.the California . Insurance Comm+ssioner to the employer named belowWfor-the policy period`Ind.icated _ 30 This-policy is.notaubject to cancellafion:bythe Fund except.upon t"days'advance written notice'to the employer. 30 - We will also give you•Tf1 days'advance notice should this policy be cancelled prior to its normal expiration. This°certificate of insurance is not an insurance policy and does not-amend, extend or alter.the coverage afforded by the . . . , . policies listed.herein.. Notwithstanding =any. requirement .term, or condition of-any."contract-or other document with :.respect to:,which thisce.rtifi.cate of insurance may: be Issued or. may;pertain .the insurance afforded: by the policies .described herein Is subject.to_all the terms exclusiortis and conditions:of such policies , .., .- 1 . I .:­ /7��, r- `AUTHORIZED REPRESENTATIVE PRESIDENT . (EMPLOYER'S- ABILITY LIMIT INCLUDING DEFENSE COSTS f1 000, 000 F'ER OCCURRENCE. .: v nt T —, S1 ENDORSEMENT ;#20E5:-ENTITL-EDrCERTIF;I£ATEYHOLDERS;. NOTICE EFFECTIVE; . 05/,1�7/99 ;IS ATTACHE,D::TO;AND FORMB=_A APART OF-;THIS :POLICY ! + Z: .r tf t 4 1a t J t-z ` fit` ' t':r-`.f f+T _4 ,-� t.ftti r.r C t�. - - •�a-"� ,,r 9� }'i - .� -� ssa. e f •r .. -y, i.', w.- . 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MIDD" aco �o CERTIFICATE OF LIABILITY INSURANC�PID CK MESAE 1: 04/20/99 PROouCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Mahan Insurance Brokers, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA License #0003916 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 25 Mauchly, Suite 327 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92618 COMPANIES AFFORDING COVERAGE Kathleen Maas COMPANY Phone No. 949-450-8500 Fax No. 949-450-8505 - A Transcontinental Ins. Co. INSURED COMPANY - B Transportation Insurance Co. Mesa Energy Systems, Inc. COMPANY Attn:-Theresa C RLI Insurance Company 5 Vanderbilt COMPANY Irvine CA 92618 D Continental Casualty Company COVERAGES -:-.-:. _. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT"TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR /Y DATE(MM/DDY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY 168086133 01/08/99 01/08/00 -PRODUCTS-COMP/OPAGG 82,000 ,000 A7CLAIMS MADE ❑X OCCUR PERSONAL&ADV INJURY $ 1,O 0 0,0 0 0 O--WWNER'S&CONTRACTOR'S PROT TO F O�`[.; EACH OCCURRENCE $ 1,000,000 gy, H --..r T-:Q`(yi'o ASiu'+ FIRE DAMAGE(Any one tire) $ 50,000 T , J` l� MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY .C:t�.' !f`�l'•�'` •r COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO ALL OWNED AUTOS QU'. OT2T .� y BODILY INJURY $ SCHEDULED AUTOS 'r• (Per person) B X HIRED AUTOS 17345 3 8 01/08/99 01/08/00 BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $"4,000,000 C NUMBRELLA FORM OUL0031069 01/08/99 01/08/00 AGGREGATE $ 4,000,000 OTHER THAN UMBRELLA FORM SIR $ 10,000 WORKERS COMPENSATION AND X WCTOR L Y LIMITS OTER EMPLOYERS LIABILITY ........-: EL EACH ACCIDENT $ 1,000,000 D THE PROPRIETOR/ }[ INCL WCC173451147 07/01/98 07/01/99 EL DISEASE-POLICY LIMIT S 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 1,000f000 OTHER A Business Personal 168086133 01/08/99 01/08/00 Limit $200,000 Property Deduct. $500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Se mpra Energy Solutions, CES Way Western Region, City of Huntington Beach, its agents, officers, and employees and Mesa Energy systems are named as additional insured pper the a-ttached G17957-F endorsement. RE: Huntington Beach Civic Center P94544 Cooling Tower & Chiller. CERTIFICATE HOLDER CANGE.LLA710N.. ..... . . .. ._ ... sMPRAE$ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE _. EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL City of Huntington Beach: 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Risk Management 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE &�� . ACQ , . Kat hleen Maas ACORt3 C: RRD ! {� gT14N 19 : ,t CINA G-17957-F (Ed. 04/98) Insured: Mesa Energy Systems, Inc. For All the Commitments You Make Effective: 01/08/99,to 01/08/00 Policy Number: 168086133 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to (2) .That portion of"your work" out of which include as an insured any person or organization the-injury Or damage arises has been (called additional insured) whom you are required to put to its intended use by any person add as an additional insured on this policy under: or organization other than another 1. A written contract or agreement; or contractor or subcontractor engaged in performing operations for a principal 2. An oral contract or agreement where a certificate as part of the same project. of insurance showing that person or organization b. "Bodily injury" or "property damage" arising as an additional insured has been issued; but out of acts or omissions of the additional the written or oral contract or agreement must be: Insured other than in connection with the 1. Currently in effect or becoming effective during general supervision of"your work." the term of this policy; and 4. The insurance provided to the additional insured 2. Executed prior to the "bodilyin "property does not apply to "bodily injury," "property �u p y damage," "personal injury," or "advertising injury" damage," "personal injury" or"advertising injury." arising out of an architect's, engineer's, or B. The insurance provided to the additional insured is surveyor's rendering of or failure to render .any limited as follows: professional services including: 1. That person or organization is only an additional a. The preparing, approving, or failing to insured with respect to liability arising out of: prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, a. Your premises; change orders or drawings and specifications; b. "Your work"for that additional insured; or and c. Acts or omissions of the additional insured b. Supervisory, or inspection activities in connection with the general supervision performed as part of any related architectural of"your work." or engineering activities. 2. The Limits of Insurance applicable to the C. As respects the coverage provided under this additional insured are those specified in the endorsement, Paragraph 4.b. SECTION - IV written contract or agreement or in the COMMERCIAL GENERAL LIABILITY CONDITIONS Declarations for this policy, whichever is less. is amended with the addition of the following: These Limits of Insurance are inclusive and not 4. Other Insurance in addition to the Limits of Insurance shown in the Declarations. b. Excess Insurance 3. Except when required by contract or agreement, This insurance is excess over: the coverage provided to the additional insured Any other valid and collectible insurance by this endorsement does not apply to: available to the additional insured whether a. "Bodily injury" or "property damage" primary, excess, contingent or on any other occurring after: basis unless a contract specifically requires that this insurance be either primary or (1) All work on the project (other than primary and noncontributing. Where service, maintenance or repairs) to be required by contract, we will consider any performed by or,:on.. behalf of the other insurance maintained by the additional insured at the site 'of the additional insured for injury or damage covered operations has been covered by this endorsement to be excess .completed; or and noncontributing with this insurance. G-17957-F Page 1 of 1 (Ed. 04/98) v MAY-18.1999 2:23pm NO.428 P.11/i5 am KIR'.1m."i A'I Ell.......... Co.� N.1, !%'il 11" "..11:11`1�"' "T.MIMI..g t :FFITIRCAYS NUMBER: 0 ZZO ;ft m 26 X, K04.Z: �W &`8 r.." I Sm PRODUM VaS C6ATH7CATH 3 1SSXTD Ast mAmIt or invitmAnoN ONLY AND cONMAS J&Z Karsh & XcLenveLIm, Inc. NO RIaM UPON TO OMMOATE UOUNIC OTHER THAN Imoss rRoyMCD IN 2700 U.S. B nk Tower Tim rmlet THIS cummows v0se NOT Am2m.ZVMW 01taTuR mm Ill S.W. St Avenue COVIUU011 ATXM=Wf M 70VAM LWW IMUM Portland, 0 97204 COMPANIES AFFORDING COVERAGE Joseph E. F Illipa COMPANY LerrER A WAUSAU UMI]ORWRITERS INS CO imauffm COMPAW SMORA EVER Y SOLUTIONS C/O SMORA RGY COMPANY C 101 ASH S ET WrTER gAm DIEGO, 92112 ANY D ara a'cma i "' m is THIS 18 TO CGMRTIfFrY T T POLICIES OF INSUIRMCE LISTED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING Y REQUIREMENT,1UM OR CONDITION OFANY CONTRACT C*OTXER DOCUMENTURI-1�ESPECT TO WHICH THE-CERTIFICATE MAY BE ISSUED OR MAY 'rAJN,THE INSURANCE AFFORDED By TMI POLICIES LISTED HONIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS -OF SUCH POLICIES, L HITS SHOWN MAY HAVE 89ON REDUCED BY PAID CAMS. co,LTA TYPE Of INQU CE PQUOV NuMm Pam IN OWN DATI awy Emwww LIMITS DATE IM/DDIM omfm 4729-00-000155 9/01-/98 6/26/9,91 GINEA& 7 A609EGATE $ - 2000000 39 COMMORMGENA&UASUN PRCOUCT8-COWPIOP AGG $ 2000030 1:1%AIMS MADE5]0=111, PERSONAL A ADV NJL09Y $ 1000000, OWNERS CONTRA C"ORB PROT. EAQM O=LJR19IN.CS $ 1000000 FIRE DAMAGE(Any&W fire) 100000 MED.EXPENSE(Any one person) 6000 h AUTUMAW UASILTY 4729-029-000155 9101/98 6/26f99 x ANY AUTO COMOIN90 1IN%S'.INrr 1000000 ALL OWNED AUTIJIS BODILY I"My IP*r person) $ SOHEDULO AUTOS BWLY INJURY(Per awldemQ 3C HIRED AUTOS K NON-OWNED AUTO! PROPERTY OAMAW $ GARAW UABWW AUTO ONLY-FA ACCIDENT ANY AUTO 41 HER THAN�AUTO ON EACH ACCIDENT $ A5rx9RGATrr $ OWM OCCURRENCE Umm"oomm OTHER THAN LQ FORM A WORMW COWNSAT ON AND 4719-02-00015.5 6_/26/§8 J2 6 9 9 9TAryraRY L4mrrS X EmpLa"Re LASMITY FACH ACCIDENT $ 1000000 owsc'.Pmrcy LIMIT $ :LDQQG00 DISEASE-EAC H KWLOYE! --1$ 1000000 OTHER DESCRIPTION OF OPERATION I&COATIONSMI-11CLES/810EM)TENS (SEE REVERSE AND/OR ATTACHED) CERTIFICATE HOLDER CANCELLATION SHOULD 0k4Y OF THE POLICIES LISTED HEREIN OR CANCELLED 5 RE THE UFO EXPIRATION PIRATION DATE Director of Public Works THEREOF,THE INSURER 0FORDING COVEPAWWIILLSNIOEAVOR TO mxI 30 DAYSWRITIMN CitT Of fun tin t0A Beach NOTICE TO THE CERTIFICATE HOLDER NVED HEREIN,OUT FAILURE TO MAIL SUCH NOTICE VALL IMPOSE NO OBLIGATION OR=I�F N THE INSUR01 AFFORDING �g��IOUPO Civic cestax, 1000 mitim 00VMQIF,ITS AGENTS OR REPRE 3U9A OFT S'91ERTIFICATIF- Runt;Lngtcn Beach, CA 92648 J&H MARSH&KXENNAN,INCORPORAT - lay. Ism I AL40r. 9/09/99 PAGE i I OF 2 Pages:-- - ! Oath: S -Z - 1 Re: f r C, �-V. L r,) . CITY OF HUPJT11e1GT0N BEACH 2000 MAIN STREET FAX: 7141374.1597 CALIFORNIA 92648 RISK MANAGEMENT DIVISION PLEASE FORWARD THIS NOTICE TO YOUR INSURANCE AGENT. YOUR INSURANCE AGENT is to make any/all corrections for resubmittal. The enclosed certificate of insurance has been returned to you for the following reason(s): + has not been approved for the following reasons 1.❑ No General Liability Insurance was.submitted or the existing coverage has lapsed. Upon submittal, • . 2.❑iYour endorsement naming the City of Huntington Beach as additional insured is incomplete. The. Additional Insured Endorsement must name the City of Huntington Beach its Agents, Officers and Employees as additional insured for the certificate of General Liability Insurance to be approved. 3.[_�rin the Cancellation Clause, please include a 30-day cancellation notice and strike-out the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." Except for Public Works contracts, 10-day notice in the event of non-payment is acceptable. 4.0 The certificate does not provide at least $1,000,000 combined single limit General Liability insurance coverage per occurrence, or the period of coverage has lapsed. 5.0 Any deductible, self-insured retention or other modification of coverage requires a waiver which must be requested from Risk Management. ❑ Check this box to request a waiver. Purpose: ❑ Contract or ❑ Permit with the City. Explain the nature and timeframe of the pending work on the back of this page and return it with your insurance certificate. 6.❑ Insurance must be placed with a California admitted carrier with a current A.M. Best's Rating of no less than A:VII (Errors and Ornissions Liability of$1,000,000 per occurrence). + + • + + -has not been approved for=the following reasons 7.❑ Certificate of Workers' Compensation Insurance has not been provided or has lapsed. Upon submittal; . . . If you have no employees, you must sign the Declaration of Non-Employer Status form available from the Risk Management Division of the City. 8.0 The Workers' Compensation insurance shown does not. meet California statutory limits of at least $100,000 bodily injury per disease or accident; $300,000 bodily injury by disease policy limit. 9.[�Kln the Cancellation Clause, please include a 30-day cancellation notice and strike-out the .words "endeavor to" and "but failure to mail such notice shall impose no obligation or liabilitv of any kind upon the company, its agents or representatives. Except for Public Works contracts, 10-day notice in the event of non-payment is acceptable. 10. ❑Any deductible, self-insured retention or other modification of coverage requires a waiver which must be requested from Risk Management. ❑ Check this box to request a waiver. Purpose: ❑ Contract or ❑ Permit with the City. Explain the nature and timeframe of the pending work on the back of this page and return it with your insurance certificate. + •1171=1714,13 • has not been approved for the following reasons 11. ❑ Failure to provide a minimum of $1,000,000 Professional Liability insurance for a contractor providing professional services (items 12-13 apply). Additional Insured Endorsement is not required. v., �❑ In the Cancellation Clause, please include a 30-day cancellation notice and strike-out the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." Except for Public Works contracts, 10-day notice in the event of non-payment is acceptable.. 13. ❑Any deductible, self-insured retention or other modification of coverage requires a waiver which must be requested from Risk Management. ❑ Check this box to request a waiver. Purpose: ❑ Contract or ❑ Permit with the City. .Explain the nature and timeframe of the pending work on the back of this page and return it with your insurance certificate. Proof of all required insurance must be submitted as a complete package (i.e., Gen. Liability, Work Comp., etc.J for approval. if not, the individual proof forms have been returned to you, changes or corrections noted, for re-submittal as a package: Please contact Chris Mendoza at 714/536-5252 if you have any questions/comments. a:\forms\retum.doc (Revised:3/9/99) SENT BY:PORTLAND, OREGON :10-28-38 17:59 :J&H Marsh & McLennan- 714 374 1590:# 2/ 2 I M. :.v,. <ssuE DATE M roD w� �I^ :rrw� � 10/2 8/9 8 .. •••.k:��:s '..a..:as r«.,. k. �> --.- : s # >•�> a U> s?ss�i s t........::...<:. ..,..� ..ate ne< :.. ,..,....,:... .:,,. .. ., ... .x .. PRODUCER THI SSUEO ASA MATTER OF INFORMATION ONLY AND J&H Marsh & McLennan, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 2700 U.S. Bank Tower DOES ES BELOW.END, EXTIEND OR ALTER THE COVERAGE AFFORDED BY THE Ill S.W. Sth Avenue Portland, OR 97204 COMPANIES AFFORDING COVERAGE Joseph E. Phillips -- i CO MPANY A WAUSAU UNDERWRITERS INS CO COMPANY INSURED LETTER B SEMPRA ENERGY SOLUTIONS -- COMPANY C D� _ C/0 SEMPRA ENERGY LF'1TER l� 101 ASH STREET "- - SAN DIEGO, CA 92112 LLEETTTER"Y D /0 to COMPANY LETTER MOO >-;•tom s; {� ...,., � .r..,..,....:>e,<::::w.«e<.a•.««.•<-x':'S:i;::::-..... .<... .< ..,...:r<.<..>. ...«.....>..<." <: 1_�::.....-.....:..,.:...>.s.: THIS IS TO CERTIFY TI IAT THE POLICIES OF INSURANCE LISTED RI_LOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PI'MOU INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TFRM OR roNnITION()F ANY CONTRACTOR OTHEII DOCUMENT WITH RESPECT TO WHICH 1H1, CO fIFICATE MAYBE ISSUED OR MAY PERTAIN•THE INSURANCE AI'FORDED BY TIIE POLICIES DESCRIBED HI_IININ IS SUBJECT TO ALL THE TERMS, FXr I ISIONS AND MNDITIONS OF SUCH POLICIES. LIMNS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POUCY EFFECTIVE POUCY EXPIRATION LTA TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDP/Y) DATE(MM/DD/YY) - UMITb A GENERN.W1BuTy 729-00-000155 9/01/98 6/26/99 GENERALAOOnCGATE 16 2000000 X COMMERCIAL GENEHALUAWUIY PROOUCTS•COMP/OPAGG. 8 200nnnt) `3 0AIMO MADE F7X Or.CUH. PERSONAL A AOv.INJURY g 100000n OWNERS 9 CONTRACTOR'S PHOT. I EACH OCCURRENCE a i nn0000 FIRE DAMAGE(Any one lire) $ 100000 - I ME0.EXPENSE(Any nne person) $ 5000 A ""1OA1OB6�L'AB""" �4729-02-000155 9/01/98 6/26/99 COMBINED SINGLE x ANY AUTO LIMIT $ 100noon Al,L OWNED AUTOS BODILY INJURY SCHEDULED AUTOS APPROVED AS TC FORM:: (rer persor) $ X HIREDAUIOS GAIT, 11UTTON,: C ity Attornl BODILY INJJRY X NON-OWNCO AUTOS By y Attorney, (Pernceldcnt) A _-_... GARAGE UA80..ITV ..._ PROPER IY DAMAGE C EXCESS LIABILITY EACH OCCURRENCE g UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM A WORKER'S COIAPEmu'nON 719-02-0 0 015 5 6/2 6/9 8 6/2 6/9 9 X, STATUTORY LIMITR =- >:r;r%:r^:;-r AND EACH ACCIDENT 8 1n00000 Oi�EASE POLICY UMII i EMPLOYERS'MYIBU 1000000 TY -. DISEASE-EACH EMPLAYCE E 1000000 OTHER CANCELS AND REPLACES ALL PREVIOUSLY ISSUED CERTIFICATES DESCRIPTION OF OPERATIONSAWATIONe/VEHICLES/9PECMLL MEW The City of Huntington Beach, its officers and employees are included as an additional insured as respects Professional Services Contract for implementation of the, Energy Retrofit Project (various city buildings) . �y� .,• r; SHOULD ANY OF THE ABOV[DESCRIBED POLICIES R[CANCELLED BEFOnr'I HE City Of Huntington Beach F EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL=° ZZ9tKKK Director of Public Works ?': MAIL'ODAYS WRITTEN NOTICE TO THE 0t11111 I ;ATE IIOLDER NAMFn 10 THE Civic Center, 2000 !Jain LEFT. Huntington Beach, CA 92648 L AUT D REPR NTATAIE __.._. s CA L1C / CA 278ef1� OCT-28-1998 16:05 5032267274 94% P.02 5EtiT BY:PORTL %D, OREGON 10-28-98 17:58 :J&H Df a r s h & ,1icL an, 714 374 1590:» 2/ 2 r..: .. R R PRODUCER THIS CERTI CATE IS ISSUED AMATTER OF INFORMATFM0NILY AND J&H Marsh & McLennan, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2700 U.S. Bank Tower POLICIES BELOW. Ill S.W. 5th Avenue Portland, OR 97204 COMPANIES AFFORDING COVERAGE Joseph E. Phillips -- - COMPANY Ems; A WAUSAU UNDERWRITERS INS CO COMPANY INSURED LETTER B SEMPRA ENERGY SOLUTIONS COMPANY -- C/O SEXPRA ENERGY LFTTE;; C 101 ASH STREET SAN DIEGO, CA 92112 `LE°TMTea"Y D COMPANY :ETTE,R : x.: THIS IS TO CERTIFY TI IAT THE POLICIES OF INSURANCE LISTI:U ftl_LOY!HAVE BEEN ISSUED TO THE INSURCD NAMED ABOVE FOR THE POLICY PHUOU INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TFRM OR CANnITIAN nF ANY CONTRACTOR OTHC11 DOCUMENT WITH RESPECT TO WHICH THIS CO rIFICArE MAYBE ISSUED OR MAY PERTAIN.THE INSURANCF AI'FOIIDED BY THE POLICIES DESCRIBED H1:111--IN IS SUBJECT TO ALL THE TL'rIM.S, FXCI I ISIONS AND CONDITIONS OF SUCH POLICIES. LIMI N S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TTPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POLICY D(PIRATION LIMITS LTA DATE(MM/DONY) DATE(MM/DD/YY) A OENERAI-uAaftm 729-00-000155 9/01/98 6/26/99 GENERALAGGInCCATE 16 200000D X COMMERCIAL GENERAL UAbILIFY , PROOUCTS•COMP/OP AGG. S 2000n0O CLAIMS(MADE a O(:CVH. PERSONAL A AOV.INJUnY S 100000171 OWNERS!CONTRACTOR'S PROT. EACH OCCU19RENCC a )nn0000 — - FIRE DAMAGE(Arty one fro) $ 100000 MED.EXPENSE(Any ancpamn) 9 5000 A AUTOIdOBIE L1AMUTY 7 2 9-0 2-0 0 015 5 9/01/9 8 6/2 6/9 9 COMOINED SINGLE X ANY AUTO UMrr S 100noon A. OWNED AUTOS BODILY INJ..Rv �• = '} x ' n"• P S ( er peraor SCHEUUIcD AUTOS - - I X HIRED AUTOS ..� _ .. g0nl RV — LV INJ X NON-01tiNC0 AUTOS GARAGE LIABILITY PROPERLY DAMACC EXCESS LIABILITY EACH OCCURRENCE S _ UMBRELLA FORM AGGRtOATE x OTHER THAN UMBRFILA FOR M X STATUTORY LIMITS A woRXeRsca(uPENILanoN 7 -02-000155 6 26 98 6/26/99 ••�•�<°°°•--• -AND - EACH ACCIDENT S 1000000 EMPLOYERS'LIABILITY DICc.ASE•POLICY UA41I S 1000000 DISEASE-EACH EMPLOY= x 1000000 OTHER CANCELS AND REPLACES ALL PREVIOUSLY ISSUED CERTIFICATES DESCRIPTION OF OPERATIONSAOCATIONB/VEHICLM/SPECLU ITEMS The City of Huntington Beach, its off icern and employees are included as an additional insured as respects Professional Services Contract for implementation of the Energy Retrofit Project (various city buildings) . g SHOULD ANY OF THE ABOVC DESCRIBED POLICIES A[CANCELLED BEFOnr'I HE City of Huntington Beach ;:" EXPIRATION DATE THEREOF,THE ISSUING COMPANYWILIMIM(MXXX Director Of Public Works =" MAIL 'A n DAYS WRITTEN NOTICE TO THE CtH111[C;ATEIIOLDERNAMFOTOTHE Civic Center, 2000 !Jain LEFT. Huntington Beach, CA 92648 L ALIT D REPR NTATNE •CA LIC f OA 27861 OCT-28-1998 16:05 5032267274 94% P.02 Case, Janelle From: Fujii, John Sent: Friday, June 18, 1999 1:53 PM To: Case, Janelle Subject: Sempra Bond In reference to the Sempra bond Steven Munch brought to you today, which is missing the date that the contract was executed, I suggest that you simply send the bond to the attorney-in fact for the bonding company and request that he/she fill in the appropriate date and initial the change and return it to you. I would photocopy the bond before you send it. Call me if you have any questions. C� 4"a SAh +,s ed e"Mt :,C_ CITY OF HUNTINGTON BEACH RLS No. REQUEST FOR LEGAL SERVICES Assn To Gail Hutton, City Attorney Date Date: Request made by: Telephone: Department: 5/28/99 CONNIE BROCKWAY 5404 CITY CLERK INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ® Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ❑ Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ® Insurance ® Other: Is Request for Preparation of Contract form attached? ® Yes ❑ No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I . If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: information contained in this RLS to all me bers of th Council. Agenda Deadline 2z Council Meeting 06/01/99 Signature of Department H COMMENTS: Routing The City Clerk's Office has received professional liability insurance from KMA Consulting as a substitution for GCH Sempra Energy Solutions for the Design Build Agreement for Energy Retrofit Project- MSC-352 for the Civic PDA Center Complex& Old Portion of Central Library. This agreement was approved by Council on 4/5/99, JCB however, there was no an action by council to accept"Settlement Committee recommendation"to allow this sL substitution (see attached examples of previous minutes from 1/19/99, 2/16/99 and 3/1/99). WSA ADL _ 0 .....__ . . _.... ...... ... ... . _.._ .......__. The City Attorney's Office has approved KMA's insurance certificate "per Settlement Committee waiver" but there is no documentation in the file as to this recommendation. SF JM Please respond as to whether or not the professional liability insurance "settlement committee waiver" should return to the council for approval as per council minutes of 1/19/99, 2/16/99 a d 3/1/ ❑; . R 'O Rls0528/jc This Request for Legal Services:has been assigned attorney .. extension " His/her-secretary Is , extension Notes: File Name: Date Completed: WP No.: i J� City of Huntington Beach P.O. Box 190-2000 Main Street * Huntington Beach, California 92648 HUNTINGTON BEACH From the desk of: Connie Brockway, CMC City Clerk Telephone: (714) 536-5404 Fax: (714) 374-1557 J G rb �vj I I je-/t 0 TiCe JVotes Office of the City CCerk Huntington Beach, CaCfornia City of Huntington Beach • P.O.Box 190-2000 Main Street �— * Huntington Beach,California 92648 HUNTINGTON BEACH i From the desk of. Connie Brockway, CMC -- City Clerk Telephone: (714) 536-5404 Fax: (714) 374-15 7— G�jx� i City of Huntington Beach P.O. Box 190-2000 Main Street Huntington Beach,California 92648'I HUNTINGTON BEACH From the desk of. Connie Brockway, CMC City Clerk Telephone: (714) 536-5404 Fax: (714) 374-1557 1 .4- Y C e`Ef7crcC � _ may^ TiCe JVotes Office of the City CCerk Hnnting ton Beach, CaC fornia hum I have received Contract Bond No. B257 90 71, Reliance Insurance Company for Pacific Enterprises Energy Services, dba Sempra Energy Solutions; Payment Bond No. B257 90 71, Reliance Insurance Company for Pacific Enterprises Energy Services, dba Sempra Energy Solutions and Warranty Bond No. B257 90 71, Reliance Insurance Company for Pacific Enterprises Energy Services, dba Sempra Energy Solutions. Re: MSC-352 — Energy Retrofit Agreement with Sempra Energy Solutions Approved 4/5/99 — E-4. Dated: $`-2,5 By: A/04--6 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY June 21, 1999 CITY CLERK Mark Suehrstedt Sempra Energy Solutions 3100 Bristol St., Suite 100 Costa Mesa, CA 92626 Dear Mr. Suehrstedt: SUBJECT: MSC 352 — Energy Retrofit Agreement with Sempra Energy Solutions Pursuant to our telephone discussion this morning I am sending you the original bonds regarding the contract between the City and Sempra Energy Solutions. The Payment Bond B257 90 71, and the Warranty Bond B257 90 71 (Reliance Insurance Company) lack dates (see yellow tags). When the dates are inserted in the bonds and the two parties have reacknowledged their signatures before a Notary Public, please return to the: City Clerk's Office P. O. Box 190 Second Floor Huntington Beach, CA 92648 Sincerely, Connie Brockway (/ City Clerk Enclosures xc: Don Noble, Maintenance Operations Manager, Public Works Department Shari Freidenrich, City Treasurer CB:le G:CBMemos\99-1131e.doc (Telephone:714-536-5227) Fxh, b; r WARRANTY BOND Bond No. B257 90 71 Premium: Included in Performance Bond RELIANCE INSURANCE COMPANY HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA KNOW ALL MEN BY THESE PRESENTS,that we Pacific Enterprises Energy Services,dba Sempra Energy Solutions as Principal,and RELIANCE INSURANCE COMPANY,a Pennsylvania corporation,as Surety,are held and firmly bound unto The City of Huntington Beach as Obligee,in the full and just sum of Two Million Eight Hundred Eighty-Six Thousand Eight Hundred Ninety-Three and No/100ths---------------------------------------------------------------------------------------------Dollars($2,886,893.00-------------------). For the payment of which sum,well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the said Principal entered into a contract with The City of Huntington Beach dated 5—a—19 for design,construction and testing for an energy retrofit project of facilities located with the CITY's geographic boundaries("Project"). WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One year(s)after approval of the final estimate on said job,by the owner,against all defects in workmanship and materials which may become apparent during said period,and NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if within One year(s)from the date of approval of said contract,the work done under the terms of said contract shall disclose poor workmanship in the execution of said work,and the carrying out of the terms of said contract,or it shall appear that defective materials were furnished thereunder,then this obligation shall remain in full force and virtue,otherwise this instrument shall be void. PROVIDED HOWEVER,this Warranty Bond is only furnished in accordance with the warranty provision of the underlying contract. Signed and sealed this 20th day of October 19 98 . Pacific Enterprises Energy Services, Witness: p dba Sempra Energy Solutions By Donald C. Liddell, Secretary Principal t t-+orney. BY. Deo.,�y Cit.y ,�;�urue3� RELIANCE INSURANCE COMPANY By Debra J.Niemeyer, ttomey-in-Fact BDR-2308 ED. 12/82 Principal Surety July_, 1999 July 6, 1999 Pacific Enterprises Energy Services, Reliance Insurance Company dba Sempra Energy Solutions i'11 By: By:_ � ,,C� Debra J. Ni6m4yer Donald C. Liddell, Secretary Attorney-in-fact State of California ) County of San Diego-) On October 20, 1998 before me, Darci Lyn Dora, Notary Public, personally appeared Debra J. Niemeyer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. • ' DARCI LYN DORA " COMM.#1156632 0 U l=^ NOTARY PUBLIC-CALIFORNIA W U l f _ SAN DIEGO COUNTY j \ Y i;ommission Expires • • SEPTEMBER 26,2001 RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY I ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Debra J.Niemeyer, of San Diego, California their true and lawful Attorney(s)-in-Fact,to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys)-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indeninity-.7'. and other writings obligatory in the nature thereof,and(b)to remove any such Attorney(sl-in-Fact at any time and revoke the power and authority given to them. - 2. Attorney(s)-in-Fact shall have power and authority,subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company,bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof. - 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance-`�- Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Fna_ncial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31,1994. - - - - - --= 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto 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_ls attached.' _= IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this 1996. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY • ,. .w+t! �,►t UN=PACIFIC INSURANCE COMPANY oil+•+.,�; +�!•e,�� ;`••Poo RELIANCE NATIONAL INDEMNITY COMPANY: SEA ' s su1 � su1 � � ,..•�� STATE OF Washington } _ - _---- COUNTY OF King } SS. On this, July 19, 1996, before me,Janet Blankley, personally appeared Mark.W. Alsup, who acknowledged himself to be the Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific-Insurance Company, and Reliance'National- Indemnity Company and that as such, being authorized to do so executed the foregoing instrument for the purpose therein contained by_signingr the name of the corporation by himself as its duly authorized officer.., In witness whereof, I hereunto set my hand and official seal. �o VON _ ETA ~ -� PUBLIC 4lF0iyy►$1�� ° No ry Public in and for the State of Was ngton s Re ding at Puyallup 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY,-RELIANCE INSURANCE-COMPANY, UNITED PACIFIC INSURA CE.COMP ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby`certify that the above and foregoing is a true and correct copy of the Power- of Attorney executed by said Companies, which is still in full force and effect.- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies s 20TH day of OCTOBER 19 98`` S tAt" �... / ur•�F Assistant Secretary 457-101 TONA 1,1 PW••7,11117 1:4 5 ReTel i ir • e State of California ) County of San Diego_) On July 6, 1999 before me, Tara Bacon, Notary Public, personally appeared Debra J. Niemeyer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. TARA BACON ; = Comm. #1132721 � < =� N)TA. Y PUBLIGCALIFORNIA N N � -� AN n:EGO COUNTY U -` Y� l� Viv•„or.);nisson Expires A:=i!.12001 tiL. 'RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of , Wisconsin (herein collectively called"the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint':_ Jack G. Lupien, Debra J. Niemeyer, Dale G. Harshaw, Tara Bacon, of San Diego, California their true and lawful Attorney(s)-in-Fact, to make execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers_,and hereby ratifies and confirms all that their said Attor- ney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect,reading as follows: ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Cha'Irman of.the Board,any Senior Vice President,any Vice President or Assistant Via President or other officer designated by the Board of Directors shall have.---, power and authority to(a)appoint Anorney(s)-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in-the nature_- - thereof,and(b)to remove any such Attorneys)-in-Fact at any time and revoke the power and authoritygiven to them. 2. Attorney(s)-in-Fact shall have power and authority,subject to the terms and limitations of the Power of Attorney issued to them,.to execute and deliver on behalf of the Company,bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attomey(s)-in-Faa shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. i This Power of Attorney its signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28,1994 and by the Executive and Financial Committee of the Board of Directors.of Reliance_ Surety Company by Unanimous Consent dated as of March 31,1994. 'Resolved that the signatures of such directors and officers and the seal of the Companymay be affixed to any such Power of Attorney or any certificates relating thereto by facsimile,and any such--- Power of Attorney or certificate bearing such facsimile signatures oafacsimile Seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile_signamres- =-_= and facsimile seal shall be valid and binding upon the Company in the(unite wrath respect to any bond or undertaking to which it is attached.' IN WITNESS WHEREOF,the Companies have caused these presents to be signed and their corporate seals to be hereto affixed,this June 28,1999. RELIANCE SURETY COMPANY �UpfiTy s�'R+�'ce e,elson�a N,L INDF _ - _ _ RELIANCE INSURANCE COMPANY =�OPVOq'lct cO� aOPP Oqj°w PP Olj�r r UNITED PACIFIC INSURANCE COMPANY ° ° S • " ° W °SEAL'" RELIANCE NATIONAL INDEMNITY COMPANY � EALm' SEAL a 0 ¢19592 0 s r9951 o r929 T' Zip`TCONa °rt+wyak r.�v �'MvsnvtN �'b F� STATE OF Washington } '_ COUNTY OF King )Ss. On this, June 28,1999,before me, Laura L.Santos, personally appeared Mark W.Alsup,who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pack Insurance Company,,and.Reliance.National Indemnity Company and that as such,being authorized to-do so,executed the foregoing instrument for the purpose therein contained,by signing the name of the corporation by himself as its duly authorized officer. - NaltimyPubft In witness whereof,I hereunto set my hand and official seal. SweafW' - ,4 Laura L.Santos Notary Public in and for the State of-Washington_- My_AppantrnentExpires03 l . Residing at Puyallup- 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY,RELIANCE INSURANCE COMPANY,UNITED PACIFIC INSURANCE COMP ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and-affixed the seals of said Companies this 6TH day of JULY year of 1999 S�nEiy .. auR+MCF ``�IHSU ?`OQ,P OggI'cLp c a OPPOq'?°� POCO'PPOgr�2 i 0 oSEAL� sctiNy, a A Istant Sec etary °fl+w✓`r`t �,�.�y4' - ��YSTCi}t•`y _: ' tla ___--:. -- .. 1LOT • .• • s • a o CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I: State of California ss. County of PS I I .' On JV , 19C C9 before me, I`r�Lr),elk, Jl►'''eV1 UY&. &9*Q Pow1 - -Date �,,, Name and Title of Officer(e.g.,"Jane Doe,Nota ublic") personally appeared V���'Id C wd al Name(s)of Signer(s) personally known to me I i I proved to me on the basis of satisfactory evidence to be the personal whose name(4 is/ subscribed to the within instrument and .i acknowledged to me that he/ ta6y executed I: the same in his9C//th0- authorized capacity(ik), and that by his/hoetWr RACHE4F R.SIMMONS signature(,%on the instrument the person(', or I: Commission# 1220745 the entity upon behalf of which the person(g, No`ary PuGIic-California acted, executed the instrument. I Z Ins Mgelf?s County myContrn.5"izzNW222003 WITNESS my hand and official seal. � I Place Notary Seal Above Signat4re of Notary ublic C OPTIONAL I 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. III Description of Attached Document Title or Type of Document: -I I I Document Date: Number of Pages: I I Signer(s)Other Than Named Above: I . Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual To of thumb here I P I ❑ Corporate Officer—Title(s): I: ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator I ❑ Other.- Signer Is Representing: I I: I I� I 0 1997 National Notary Association•9350 Oe Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.,Call Toil-Free 1-800-876-6827 hae V �/� T RELIANCE INSURANCE COMPANY HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA Bond No.B257 90 71 Premium:Included in Performance Bond PAYMENT BOND CALIFORNIA-PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS,that Pacific Enterprises Energy Services,dba Sempra Energy Solutions as Principal,and the RELIANCE INSURANCE COMPANY,a Pennsylvania corporation authorized to execute bonds in the State of California,as Surety,are held and firmly bound unto The City of Huntington Beach as Obligee, in the sum of Two Million Eight Hundred Eighty-Six Thousand Eight Hundred Ninety-Three and No/100th s----------------------------------------------------------------------------------------------------------------------------------------- -----------------------------------------------------------------------------------------------------------Dollars($2,886,893.00-------------) for which sum we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally by these presents. The Condition of the above obligation is such that,Whereas the Principal on the Z�O day of HavI , 19 _I9 ,entered into a contract with the Obligee for Design,construction and testing for an energy retrofit project of facilities located with the CITY'S geographic boundaries ("Project") NOW,THEREFORE,if the original contractor or his subcontractor fails to pay any of the persons named in Section 3181,or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract,or for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractor pursuant to Section 13020 of the Unemployment Insurance Code,with respect to such work and labor that the surety will pay for the same,in an amount not exceeding the sum specified in the bond,and also,in case suit is brought upon the bond,a reasonable attorney's fee,to be fixed by the court. This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181 of the Civil Code of the State of California,so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed and sealed this 20th day of October 19 98 Pacific Enterprises Energy Services; dba Sempra Energy Solutions tiy:. li„P.: .y t i;y _'' tc.r.:ay; Donald C. Liddell, Secretary RELIANCE INSURANCE COMPANY By Debra J.Niemeye ttorney-in-Fact Principa Surety BDR-2804 ED.7/83 (CALIF.) July �� , 1999 July 6, 1999 Pacific Enterprises Energy Services, Reliance Insurance Company dba Sempra Energy Solutions (} v By: By. ebra J.Lr Donald C. Li e 1, Secretary Attorney-in-fact State of California ) County of San Diego_) On October 20, 1998 before me, Dar Lyn Dora, Notary Public, personally appeared Debra J. Niemeyer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DARGI LY PJ DORA COMM. #1156632 0 NOTARY PUBLI"ALIFORNIA ti C; "f SAN DIEGO COUNTY n M!yy commission Expires "' - SEPTEMBER 26,2001 e r o• s • ' e ' • e r RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Debra J.Niemeyer,of San Diego, California their true and lawful Attorney(s)-in-Fact,to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS i 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to la)appoint Attorneyls)-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and(b)to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority,subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal Is not necessary for the validity of any bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,-contracts of indemnity or other conditional or obligatory_= undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. - This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance. Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31.1994. 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates 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, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19;___ 1996. - - RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY.•.- a t• wM•'gyt UNITED PACIFIC-INSURANCE COMPANY �r•e+,mot +V�►ayw r°e~s RELIANCE NATIONAL INDEMNITY COMPANY..` a wL I ♦ 6LAL 77//W444 A4ti4 STATE OF Washington COUNTY OF King } SS. On this, July 19, 1996, before me, Janet Blankley, personally appeared Mark--W. Alsup, who acknowledged himself to be the Vice President of-_ the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National - Indemnity Company and.that as-such, being authorized to do so, executed the.foregoing instrument for the purposa therein contained by signing ' the name of the corporation by himself as its duly authorized officer. -` B In witness whereof, I hereunto set my hand and official seal. O1AERY- s PUBLIC 4y 12-2g-97 n . �iF FwAs�� ; -.Notliry Public in and for the State of Was ngton - Re ding at Puyallup (,'Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY,RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURA CE_COMP ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy'of the Power of Attorneyexecuted by said Companies,which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies,&Ws 20TH day of OCTOBER I99$'' • r r•d '• ,/ ''SEAL} , 9QAI t•n�r Assistant Secretary Pat♦ �•�� d tn '• e• • o e e State of California ) County of San Diego ) On July 6, 1999 before me, Tara Bacon, Notary Public, personally appeared Debra J. Niemeyer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. TARA BACON comm.#1132721 c� U _ KTARY PUBLIGCAUFORNIA N v "y Z SAN DIEGO COUNTY Vy Ccrnmission Expires r RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE,PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws'of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called"the Companies'l and that the Companies by virtue of signature and seals do hereby make, constitute and appoint _ Jack G. Lupien, Debra J. Niemeyer, Dale G. Harshaw, Tara Bacon, of San Diego, California their true and lawful Attorneys)-in-Fact, to make,- execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attor- ney(srin-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect,reading as follows: ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice.President,any Via President or Assistant Vice President or other officer designated by the Board of Directors shall power and authority to(a)appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company.bonds and undertakings•recognizances,contracts of indemnity and other writings obligatory in_the ninin= - thereof,and(b)to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. I 2. Amirney(s)-in-Fact shall have power and authority,subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company,bonds and undertakings, recogniizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is hot necessary for the validity of any boods.and undertakings recogn.zances,contracts of indemnity and other writings obligatory in the nature thereof. _ _ . J. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recoinimnces,contracts of indemnity or other conditional or obligatory undertakings and they shall i also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. - This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28,1994 and by the Executive and Financial Committee of the Board of Directors of Reliance_ Surety Company by Unanimous Consent dated as of March J 1 -1994-` 'Resolved that the signatures of such director and-officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating therein by facsimile,and any such - Power of Attorney or certificate bearing such facsimile signam-6 or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile sighat_urrs and facsimile seal shall be valid and binding upon die_Compm- in the fomre with respect to any bond or undertaking to which it is artached.- - IN WITNESS WHEREOF,the Companies have caused these presents to be signed and their corporate seals to be hereto affixed,this June 28,1999. RELIANCE SURETY COMPANY yJwEry lau­ct et"Suw�ry aPun,os - - - RELIANCE INSURANCE COMPANY i�OPPOgq,�t UNITED PACIFIC INSURANCE COMPANY °SEAL W QSEALm RELIANCE NATIONAL INDEMNITY COMPANY = 0 4 1959 g o - - - - s r99b' ,S ' r92e �` Zi,SC0 �2a °El.w.at %`3 w!''hv3KVTN J'b w� STATE OF Washington COUNTY OF King )SS. On this, June 28,1999,before me, Laura L.Santos, personally appeared Mark W.Alsup,who acknowledged himself to be the Vice President_of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance-.Company, and Reliance National Indemnity Company and that as such,being authorized to do so,executed the foregoing instrument for the purpose'therein_contained by signing the name of the corporation by himself as its duly authorized officer..` _ In witness whereof,1 hereunto set my hand and official seal. �yy •'- AL t_ Laura L SantosA Cis--- Notary Public in and for the State of Washington =I hlyAppantrneniExpiresll3-0501 Residing at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY,UNITED PACIFIC INSURANCE COMP ' ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6TH day of JULY year of 1999. i .. 4 SU w E r y c t�,ww+.,,cFc sic 1MSUw�hc OPp%.IINV / I OPPOggj P Op,P00?I" M1� ° 2 U < a v SEAL rt �isss•r o s ,99 see ry is zb Esc -Nye A Istant Sec etary • a• • EMINNIM • . s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rct'.ct'.ct'.cr.�c.�c.�rc�'.ct'.�r.�t>c�`.ct`.ct`.ct'.c�'.�.crc�'.�c-.ct�.ct'.c�`.c�'.�`.c�'.c�•�`.c�'.crct`.ct�.�__�'�.�.c�'.c�'.c�'.c�'.c�-.ay State of California County of L-c>r (eS ss. °! On �JI 14, before me, Z moi, R)Lilt. Date �, Name iand Title of Officer(e.g.."Jane Doe,Notary Public-) personally appeared J� � C' �O�ddi hh Name(s)of Signer(s) rj 2-`p'ersonally known to me l=D proved to me on the basis of satisfactory I evidence to be the person& whose name(K�-isllkV6 subscribed to the within instrument and ci acknowledged to me that he/s /thy executed the same In his/ &6)(irir authorized capacity(IK), and that by his/Kr/t (r RACHE'L E R.SIMMONS signature(kon the instrument the person^or ' Commission# 1220745 the entity upon behalf of which the person -,; Notary Public-California acted, executed the instrument. i Los Angeles County WI�Smy nd nd official seal.` Place Notary Seal Above Sign ure of Notary Public °1 OPTIONAL � Though the information below is not required by law, it may prove valuable to persons relying on the document iN and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I Document Date: Number of Pages: I� C Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee I ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I i ; ti = ©1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Tall-Free 1-800-876-6827 CONTRACT BOND-CALIFORNIA Bond No.B257 90 71 Premium:$10,104.00 RELIANCE INSURANCE COMPANY HEAD OFFICE,PHILADELPHIA,PE1vNSYLVANIA KNOW ALL MEN BY THESE PRESENTS That We, Pacific Enterprises Energv Services,dba Setnpra Energy Solutions as Principal,and RELIANCE INSURANCE COMPANY, a corporation organized under the laws of the State of Pennsylvania,and duly authorized to transact business under the laws of the State of California as Surety,are held and firmly bound unto The City of Huntington Beach as obligee,in the just and full sum of Two Million Eight Hundred Eighty-Six Thousand Eight Hundred Ninety-Three and No/10Jths-------------------------------------------------------- -----------------------------------------------------------------------------------------------------------------------------($2.886.893.00---------------)dollars,for the payment whereof will and truly to be made,said Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. The Condition of the foregoing obligation is such,that whereas,the above bounden Principal has entered into a contract of even date herewith,with the said obligee to do and perform the following work,to wit: Design,construction and testing for an energv retrofit project of facilities located with the CITY's geographic boundaries ("Proiect") as will more fully appear from said contract,reference to which is hereby made. Now,Therefore,if the above bounden Principal shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void,otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the obligee named herein. Signed and sealed this 201h day of October A.D., 19 98 Pacific Enterprises Energy Services, WITNESS: �jy►`v � dba Sempra-Energy Solutions / _ Donald C. Liddell, Secretary Principal RELIANCE INSURANCE COMPANY By. .. .r By , , �'Aiuly'-Lf—' Debra J.NiemeyeAttorney-in-fact. ncipal Surety 1999 July 6, 1999 Pacific Enterprises Energy Services Reliance Insurance Company BR 2801 ED,JUNE 1968(CALIF.) dba Sempra Energy Solutions ( , By: � 0 BY• Donald G. Liddell, Secretary Attorney—in—factr State of California ) County of San Diego ) On October 20, 1998 before me, Darci Lyn Dora, Notary Public, personally appeared Debra J. Niemeyer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person(s), or the entity upon behalf of which- the person acted, executed the instrument. WITNESS my hand and official seal. DARCI LYN DORA �+ COMM. #1156632 0 U = NOTARY PUBLIC-CALIFORMA N V4 SAN DIEGO COUNTY i ' htyy i;ommission Expires % SEPTEMBER 26,2001 d RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Debra J.Niemeyer,of San Diego, California their true and lawful Attorney(s)-in-Fact,to make, execute,seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the.. Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorneys)-in-Fact may do in . pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE. COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of.' Directors shall have power and authority to(a)appoint Attorney(s)-In-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity_ and other writings obligatory in the nature thereof,and(b)to remove any such Attorneys)-in-Fact at any time and revoke the power and authority given to them. --- - i 2. Attorney(s)-in-Fact shall have power and authority,subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company,bonds`_ and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings_. recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances, contracts of indemnity or other conditional or-obligatory`"3,____' undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof.. This Power of Attorney Is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Insurance Company,Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31,1994. "Resolved that the signatures of such directors and officers and the seat of the Company may be affixed to any such Power.of Attorney or any certificates 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.:...-.`.;:1.-__ 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, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this.July_ 1996. RELIANCE SURETY COMPANY.( > RELIANCE INSURANCE COMPANY - n .. Trw\ UNITED PACIFIC INSURANCE COMPANY.;RELIANCE NATIONAL INDEMNITY COMPANY ° �Q + ii44 �r I.1� 7 - �•fOM� � _ STATE OF Washington } _ COUNTY.OF King } SS. On this;July 19, 1996, before me, Janet Blankley, personally appeared:Mark W. Alsup, who acknowledged himself to be the Vice President the Reliance Surety Company, and the Vice President of Reliance Insuiance.Comparty, United Pacific Insurance Company, and Reliance`N_attonal` Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by`stgntng ` the name of the corporation by himself as its duly authorized officer... ID B In witness whereof, I hereunto set my hand and official seal. ROTARY��M�< PUBLIC trr t22997 oZ 3' 4lf�FWASN� ~ No ry P-ublic in and for the State of Was ngton— :Residing at Puyallup _ 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURA CE COMP ,rt a.ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the— Power-of Attorney executed by said Companies, which is still in full force and.effect: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies s 20TH day of OCTOBER 199 r lr0 �i i p•f ORf . O ntHn�. � s SGL S '6LtL� r `SEALS ~ lost Assistant Secretary • 95704117 im,i som • I e •In I State of California ) County of San Diego ) On July 6, 1999 before me, Tara Bacon, Notary Public, personally appeared Debra J. Niemever, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. _ TARA BACON COMM. #1132721 0 U L` INOTAPY PUBLIC-CALIFORNIA N Uy�F 1 AN n!EGo COUNTY 0 \\ k:,y Commission Expires ���.. i P l!3,2001 Gt_. • a • s •- a - • • • RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY- UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE,PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,that RELIANCE SURETY COMPANY is a corporation duty organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of,the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called"the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint. Jack G. Lupien, Debra J. Niemeyer, Dale G. Harshaw, Tara Bacon, of San Diego, California their true and lawful Attomey(s)-in-Fad, to make;' execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attor- ney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect,reading as follows: ARTICLE VII=_EXECUTION OF BONDS AND UNDERTAKINGS -- 1. The Board of Directors,the President,the Chatmtan of the Board,any Senior Vice President,any Via President or Assistant Vice President or other officer designated by the Board of Directors shall have--- power and authority to(a)appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in_ih_e nature - thereof,and(b)to remove any such Atorney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have.power and authority,subject to the terms aced limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company,bonds and undertakings, Th recognizances,contracts of indemnity and other writings obligatory in the nature thereof. e corporate seal is not necessary for the validity of any bonds and undertakings recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of die Company and to copies of the By-Laws of the Company or any article or section thereof.- - This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National lademnity Company by Unanimous_Consent dated as of February 28,1994 and by the Executive and Financial Committee of the Board of Directors.of Reliance_ Surety Company by Unanimous Consent dated'ai of March 31.1994. Resolved that the signatures of such directors and officers and the seal-of the�Compaoy-may be affixed to any such Power of Attorney or any cenificares relating thereto by facsimile,and any such =_ Power of Attomey or certificate bearing such facsimile signaturos or faestmde seat 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 nn the future with respect to any hood or undertaking to which it is attached.' - IN WITNESS WHEREOF,the Companies have caused these presents to be signed and their corporate seals to be hereto affixed,this June 28,1999. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY P,POgq C. - �'PPoq'"°R - �o''p oaf'" - - -``UNITED PACIFIC INSURANCE COMPANY i O ♦ L a O -.1,. n O 1,. 'A - - to a U rn ° 2 U F U SEaL w SEAI W SEAL O RELIANCE NATIONAL INDEMNITY COMPANY z ' u g1959g o - - - °Ft.lw.wt �'ar,wC•y 9f''MYsn rN _ dy . t'� �/ STATE OF Washington ) COUNTY OF King )Ss. - On this, June 28,1999,before me,. Laura L.Santos, personally appeared Mark W.Alsup,who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance:Company, and R_eliance:.National Indemnity Company and that as. such, being authorized to do so,'ezecuted the foregoing instrument for the purpose therein_contained by signing the name of the corporation by himself as . its duly authorized officer _ In witness whereof, l hereunto set my hand and official seal. - Laura L.Santos Notary Public in and for.the State of Washi ton- tdyAppoiwwlExpire M111-01 Residing at Puyallup = - - t, Robyn Layng, Assistant Secretary of RELIANCE SURETY-COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE:COMP ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6TH day of JULY year of 1999 u" pPO T U qSm c 4 Tim c SEAL a �92s Za,sco„5`�a Agristant Sec etary °Ft•w.wE bar:u..�". - 'Z���}y,� _ �3y .-w� -- - -. - - - • a• • arrian mirairsimirsa • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Ia I . State of California ss. � County of Lt& G1 I Onjujq 1 Faj)dle before me, lC, �Immt7n� , IyyU LJHIt✓ 1 Date Name and Title of Officer(e.g.."Jane Doe,Notary Public-) personally appeared D VQd C- Ltdde j Name(s)of Signer(s) Er personally known to me c` i-i proved to me on the basis of satisfactory evidence I• to be the personX whose name( is/aK subscribed to the within instrument and acknowledged to me that he/X�e/thy executed the same in his/I /IhA authorized capacity(K), and that by his/Ff�th>tff RACHELLE R.SIMMONS signature,(k on the instrument the personX, or Commission# 1220745 = the entity upon behalf of which the person rl ..,; No`aryPublic-California acted, executed the instrument. Z - Los Angeies County COf1R1' � �� WITNESS my hand and official seal. Place Notary Seal Above Sigrfture of No ary Public I OPTIONAL I. 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: I Document Date: Number of Pages: I , Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): i ❑ Partner—❑ Limited ❑ General ( ❑ Attorney in Fact ❑ Trustee ( ❑ Guardian or Conservator I I ❑ Other: I I I Signer Is Representing: I I I 0 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 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: APPROVE INSURANCE SUBSTITUTION FOR ENERGY RETROFIT PROGRAM MSC 352 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 Attorney) Not Applicable 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: _. REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURWORITEMS: - (Below Space For City Clerk's Use„ Only) RCA Author: Robert F. Beardsley/Donald Noble REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: ATTACHMENT 2 Energy Saving Summary RCA msc-352 -6- 03/29/99 12:37 PM City of Huntington Beach EXHIBIT A Scope of Work Sempra Energy Solutions' direct services included the following: project management, start-up and commissioning assistance, construction management, and convey status meetings with the City of Huntington Beach. Pricing for each Phase is noted next to the overview title for that Phase. Sempra Energy Solutions' price ($2,886,893)is based on performing the entire scope of work during the 1999 calendar year. Sempra Energy Solutions shall employ all subcontractors directly. Overview of Proiect Scope 1. Phase I- Civic Center Energy Management System and Mechanical($796,100) • Install an Andover Controls energy management control system(EMCS) front end for the City of Huntington Beach Civic Center and Library facilities. This system provides the City of Huntington Beach with an EMCS controlling the principle air conditioning and heating equipment and monitoring critical equipment loads. • Install new chillers with primary/secondary pumping and VFD's on chilled water pumps with DDC controls. • Install ASHRAE 15 ventilation monitoring in chiller room. • Install new cooling tower with DDC controls. 2. Phase H- Lighting and Mechanical($2,090,793) • Lighting Install energy efficient lighting and lighting controls according to the facility schedule in Table A of this document. • Mechanical Civic Center • Convert dual duct to VAV with DDC controls in AHU—2 and SF 1.2 & 3. • Convert multi-zone system to VAV with DDC controls in AHU's 1,3,4,5,&6 • Install two new gas fired domestic boilers with DDC controls • Install premium efficiency motors on remaining motors. Library • Convert multi-zone to VAV with DDC controls in AHU's 1,2,3 &4. • Install primary/secondary pumping for the chilled water system with DDC controls including VFD's on chilled water pumps. • Install premium efficiency motors on remaining motors. Exhibit A 1 Scope of Work Revised 3/6/99 City of Huntington Beach City Yard Buildings There are several buildings in this complex that have old equipment in need of replacement as well as the need for programmable time clocks for maximum energy efficiency. Administration Building-Building A • Install one ea. Programmable 365-day time clock to replace the existing time clock. Maintenance Yard-Building B • Replace 2 ea. Lennox 3 ton and 1 ea. Lennox 5-ton gas electric unit with new high efficiency gas electric units. Office Area-Building C • Replace 3 ea. Lennox 4 ton gas electric units and 1 ea. 5 ton Lennox gas electric unit with high efficiency gas electric units. Signal Shop • Remove and replace 1 ea. 2.5 ton split system unit Warehouse for Building E • Install 1 ea.New roof platform and replace 1 ea. 3 ton packaged heat pump Sign Shop • Remove and replace 1 ea. 2.5 ton packaged heat pump with. high efficiency packaged heat pump. Heil Street Fire Station • Install two(2)Rheem 12.0 SEER, 3 ton condensing units Bushard Fire Station • Install two(2)Rheem 12.0 SEER, 3 ton condensing units. • Install two(2)Rheem 80%efficient counter flow, 3-ton furnaces_ Edison Community Center • Install five (5)new 80% efficient furnaces • Install two(2)230-3 phase, 10+SEER 5-ton condensing units and one(1) new 7.5 ton condensing unit. Exhibit A 2 Scope of Work Revised 3/6/99 City of Huntington Beach Murdy Community Center • Install four(4)new 80%efficient furnaces. • Install two(2)230-3 phase, 10+ SEER 5-ton condensing units and one(1) new 7.5 ton condensing unit. Warner Fire Station • Replace existing ac unit with one (1)Rheem 3-ton package unit. 3. Customer's Scope • Customer is responsible for the removal and mitigation of any hazardous materials(except for PCB ballasts and mercury-containing lamps removed in conjunction with the lighting retrofit included under this Scope of Work)or environmental problems encountered in the performance of this Agreement. In- situ hazardous materials problems are the sole responsibility of the Customer. • City of HB to remove existing chain-link fence in storage area to clear a path of travel for the chillers. Chillers will be rigged to the roll-up door and rigged onto a disposal truck. 4. Specific Scope for Each Phase Phase I-Civic Center Energy Management System and Mechanical • Provide a single Andover Controls CX9200 Network Administrator/Controller for the Civic Center facility. The CX9200 controller provides for network traffic control and has four (4) communications ports for direct connect with a laptop or workstation, modem access, custom application port, and an Infinet port. The CX9200 controller will have the capability of supporting 254 Infinet nodes, 9600 baud modem, Ethernet TCP/IP Protocol, and 8 MB of RAM. There will be a single LCX Infinet controller with analog output expansion modules for the heating hot water plant, a SCX and LCX Infinet controller for the chilled water plant, a TCX for the cooling tower control, a TCX for general exhaust fan controls. Additionally, provide the City of Huntington Beach with an Andover Controls Laptop Service Tool, which consists of a laptop computer and "tool". The end-user will access the EMCS via a third-party color graphic user interface software package called Control System Supervisor(CSS). This software operates on the Windows '95 operating system. Sempra Energy Solutions will develop color graphic pages representing the mechanical systems and zone terminal locations for this project. Provide all of the necessary control program documentation including original equipment manuals, programming manuals, installation manuals,operating diskettes,password management, etc. • Install new chillers with primary/secondary pumping and VFD's on chilled water pumps. • Install ASHRAE 15 ventilation monitoring in chiller room. • Install new cooling tower. • Connect a 300-ton temporary chiller to the existing central plant.Temporary chilled water hoses to run through service corridor.The roll-up door will have to Exhibit A 3 Scope of Work Revised 3/6/99 City of Huntington Beach be left at least 6"up for pipes to pass.Mesa will provide ramps over hoses at all paths of travel • Demo and disconnect existing chillers and Rig out existing chillers through double doors • Provide and install one(1)new 200-ton centrifugal chiller single compressor with a VFD and one(1)new 200-ton centrifugal chiller dual compressor with a VFD. Chiller manufactured by Trane Company. Equipment Pads will be modified as required. • Provide and install new ASHREA 15 ventilation and dual-CFC monitoring system. Existing exhaust fan will be removed and replaced with new fan. • Demo existing piping as required. • Re-pipe chillers to primary/secondary configuration. • Provide and install two(2) in-line primary pumps. • Provide and install all required isolation and hangers • Provide and install two new VFD's on existing CHW pumps. • Insulate piping and pumps as required. • Provide all required electrical service to chillers, in-line pumps, VFD's and fan. • Provide and install new DDC controls to central plant with new control valves and premium efficiency motors. • Provide complete design/build engineered documents and commissioning plan. • Work to be conducted within a seven-(7) day window. The work will begin on a Friday with the connection of the temporary plant. The decommissioning of the existing plant will begin on Saturday and the rigging out and in of the new chillers will occur on Sunday. The remaining piping will be completed between Monday and Thursday between the hours of 6:00 AM and 6:00 PM with commissioning scheduled for Friday. • Modify gas and condensate piping at access hatch to exterior. • Modify existing piping configuration as required. • Modify existing concrete pad as required. • Provide and install DDC controls for temperature and status. • Decommission existing cooling tower. • Remove existing cooling tower and rig in new isolation rail system in place. • Provide and install a new 350-ton BAC(or equal) cooling tower with two(2) - two-speed fans.Tower to be constructed of 304 stainless steel. Due to structural considerations Sempra Energy Solutions will also evaluate the application of a `Tower Tech' Fiberglass Cooling Tower with two cells and two-fans per cell. • Rig in new cooling tower onto new isolation rail system. • Re-pipe cooling tower as required. • Reconnect existing chemical treatment system. • Provide and install DDC controls • Provide complete design/build engineered documents and commissioning plan. • Rigging to be conducted during the weekend between the hours of 6:00 AM and 7:00 PM(Saturday). Due to the anticipation of a temporary plant for central plant work we are scheduling the re-piping to be conducted between the hours of 7:00 AM and 3:00 PM on the weekdays. Exhibit A 4 Scope of Work Revised 3/6/99 City of Huntington Beach Phase H—Lighting and Mechanical • Lighting Retrofit Engineering for the lighting retrofit(including any structural or electrical when required). Energy savings calculations. Procurement and installation of materials(bulbs,ballasts, fixtures,etc.). General Scope and Conditions for Lighting Retrofit: Site survey and"As-Built"Conditions. Document and deliver to Customer a written survey report of each area retrofitted containing field measurements indicating the pre-retrofit and post-retrofit foot candles and wattage load measurements for lighting circuits affected by the lighting retrofit. Storage of Materials on Site. Provide for the delivery of all required materials to the project site and for placement of separate and secure storage containers at each project site. Placement of the Haul-a-way type containers would be coordinated with the customer and special care will be taken to prevent damage to surface areas. Also, we have predetermined the packaging for many fixture types and have made arrangements to have much of our materials palletized. This will minimize our storage requirements and greatly reduce the amount of debris typically generated on these types of construction projects. Disposal of Construction Debris. Will use reasonable efforts to recycle the bulk of all wrappings, containers and boxes to be removed from the project sites in the course of construction. Provide for separate trash containers and recycling bins and have included this cost in our"Scope of Work". This includes the removal and disposal of all miscellaneous fixtures,fixture parts, components and other electrical parts,proper disposal of all Non-PCB ballast, and for lamps not containing hazardous materials. Provide for the disposal and/or recycling of all non-hazardous waste materials that are to be removed. Handling of Hazardous Materials. Sempra Energy Solutions shall provide for the removal and disposal of PCB ballast and mercury-containing lamps. In all cases where hazardous waste materials are stored on site, caution will be taken to minimize the exposure of materials to students,Customer personnel and others. This includes the isolation of hazardous waste substances and posting of caution and warning signs in compliance with the laws of the State of California and OSHA. In-situ hazardous materials are the sole responsibility of the customer. If during the course of the lighting retrofit work such materials other than noted above are encountered,the work will be stopped and the Customer informed. Customer shall provide for the removal and disposal of all friable asbestos material. Ballast Disposal. Sempra Energy Solutions shall provide for removal of all fluorescent ballasts from fixtures,both PCB and Non-PCB. All ballasts containing PCBs will be stored in steel drums(17C or 17H—55 gallon drums) and placed in a containment area as determined by the Customer. Post OSHA-approved warning signs in compliance with State and Federal laws governing the storage and Exhibit A 5 Scope of Work Revised 3/6/99 City of Huntington Beach confinement of hazardous waste materials and general safety practices. Label all drums for proper manifestation and material tracking. All hazardous waste manifests will distinguish the Customer as the "Waste Generator"per the laws of the State of California and Federal EPA. Ensure that all materials are hauled away by a State Approved"toxic Waste Hauling Company"and will insure that Customer receives proper and legal documentation. All ballasts containing PCBs shall be disposed of by incineration. All non-PCB ballasts will be placed in dumpsters and disposed of with no additional charges to the Customer within the scope of the disposal contract. Once materials have been hauled away, Sempra Energy Solutions will ensure that customer receives "Certificates of Destruction/disposal"for PCB ballast removed. Lamp Disposal/Recycling. The recycling/disposal includes all lamps,both HID and fluorescent,known to contain hazardous mercury substances. Sempra Energy Solutions will package all lamps for removal from each location and arrange for their disposal/recycling in compliance with the laws of the State of California. The cost includes all packaging of materials, storage containers and labor associated with removal of materials. The lamps will be recycled in compliance with the laws of the State of California. Protection of Work Areas During Construction. The necessary steps will be taken to ensure adequate protection of all work areas including that they will be cordoned off where machinery and tools are in operations. All industry standard safety requirements will be employed during construction. In addition, Sempra Energy Solutions will use marking tapes in classrooms and office areas. The locations of desks and other furniture shall be marked, to assure that all furniture moved in the course of construction is put back in their precise location. Special care shall be taken in covering and protecting furniture, animals, science projects,video equipment,computers, etc. A clean up person will be assigned to ever crew whose sole purpose is to ensure order and cleanliness in every area where work occurs. Seismic Issues. Any seismic issues that may arise on the Project will be explored and dealt with in a timely manner. Sempra Energy Solutions will work closely with the Customer to coordinate any issues which may pertain to DSA and to minimize whatever associated costs there may be. Sempra Energy Solutions will meet all applicable safety requirements in the fastening and securing of seismic wires, clips and fasteners in compliance with state and local codes. Testing for Continuity and Grounds. All circuits affected by the lighting upgrade will be tested for continuity and grounds. Commissioning. Commissioning shall consist of random inspections of new fixture installations, inspection of wiring and branch circuit layout in compliance with the electrical engineering plans,inspections and physical testing of occupancy sensors (if installed), switching, and dimming controls(if installed)and inspections of various fixture retrofits,ballast wiring, conditions of socket pins,lenses, fasteners and the fixture cleanliness. Operating conditions will be verified,accepted or rejected per the requirements of the Customer. "As-Built"Drawings. "As-Built"drawing(s)delineating the final "As-Built" configurations will be completed at the end of the project. Exhibit A 6 Scope of Work Revised 3/6/99 s City of Huntington Beach • Mechanical Scope CIVIC CENTER • Convert dual duct to VAV in AHU—2 and SF 1.2 & 3. • Replace the existing double duct mixing boxes with double duct pressure independent VAV boxes. • Remove flex duct high side ducting between the main ducts and mixing boxes. Replace flex duct with solid galvanized metal duct. • Remove existing common shaft hot and cold duct zone mixing dampers and replace with Titus double duct VAV boxes. • Provide and Install VFD on supply fan that is DDC.controlled, and install new premium efficiency motors. • Provide and install DDC zone control of new VAV boxes using zone sensors instead of the existing zone thermostats. • Provide and install DDC control of chilled and hot water valves at each AHU will also be accomplished,including replacement of hot and chilled water valves with DDC controlled two way valves. • Convert multi-zone system to VAV in AHU's 1,3,4,5,&6 • Install two new gas fired domestic boilers • Install premium efficiency motors on remaining motors. • Demo existing piping as required. • Provide and install all required isolation and hangers • Insulate piping and pumps as required. • Provide all required electrical service to VFD's and fan motors. • Provide and install new DDC controls to central plant with new control valves and premium efficiency motors. • Provide complete design/build engineered documents and commissioning plan. • Disconnect&remove existing boilers from existing pads. • Remove brackets from existing boilers. • Modify gas and condensate piping at access hatch to exterior. • Rig old and new boilers through existing access hatch. • Provide and install two(2)new Lochinvar CBN-095-F7 boilers. • Modify existing piping configuration as required. • Modify existing concrete pad as required. • Provide and install DDC controls for temperature and status. • Provide complete design/build engineered documents and commissioning plan. LIBRARY • Convert multi-zone to VAV in AHU's 1,2,3 &4. • Install premium efficiency motors on remaining motors. • Remove the existing multi-zone damper sections and replace with new separately controlled hot and cold deck dampers. • Install VFD on supply fan that is DDC controlled and install new premium efficiency motors. • Install DDC control of the new dampers. Exhibit A 7 Scope of Work Revised 3/6/99 City of Huntington Beach • DDC control of chilled and hot water valves at each AHU will also be accomplished,including replacement of hot and chilled water valves with DDC controlled two way valves. • Install primary/secondary pumping for the chilled water system including VFD's on chilled water pumps. • Demo existing piping as required. • Re-pipe chillers to primary/secondary configuration. • Provide and install one-(1)in-line primary pumps. • Provide and install all required isolation and hangers • Provide and install new VFD's on existing CHW pump. •. Insulate piping and pumps as required. • Provide all required electrical service'to chillers, in-line pump,VFD's and fan. • Provide and install new DDC controls to central plant with new control valves and premium efficiency motors. • Work to be conducted within a three-(3)day window.The decommissioning of the existing plant will begin on a Friday evening and the remaining re-piping will be completed on Sunday.Work will be conducted between the hours of 6:00 AM and 6:00 PM with commissioning scheduled for Friday. CITY YARD BUILDINGS There are several buildings in this complex that have old equipment in need of replacement as well as the need for programmable time clocks for maximum energy efficiency. Administration Building-Building A • Install one ea. Programmable 365-day time clock to replace the existing time clock. Maintenance Yard-Building B • Replace two. Lennox 3 ton and 1 ea. Lennox 5-ton gas electric unit with new high efficiency gas electric units. Office Area-Building C • Replace three. Lennox 4 ton gas electric units and 1 ea. 5 ton Lennox gas electric unit with high efficiency gas electric units. Signal Shop • Remove and replace 1 ea. 2.5 ton split system unit and install 1 ea. Warehouse for Building E • Install 1 ea.New roof platform and replace 1 ea. 3 ton packaged heat. Exhibit A 8 Scope of Work Revised 3/6/99 City of Huntington Beach Sign Shop • Remove and replace 1 ea. 2.5 ton packaged heat pump and replace 2 with 1 ea. High efficiency packaged heat pump. Heil Street Fire Station • Install two(2)Rheem 12.0 SEER, 3 ton condensing units Bushard Fire Station • Install two(2)Rheem 12.0 SEER, 3 ton condensing units. • Install two-(2)Rheem 80%efficient counter flow, 3-ton furnaces Edison Community Center • Install five (5)new 80%efficient furnaces • Install two(2)230-3 phase, 10+ SEER 5-ton condensing units and one.(1)new 7.5 ton condensing unit. Murdy Community Center. • Install four(4)new 80% efficient furnaces. • Install two(2)230-3 phase, 10+ SEER 5-ton condensing units and one(1)new 7.5 ton condensing unit. Warner Fire Station • Replace existing ac unit with one(1)Rheem 3-ton package unit. 5. Clarifications and Exclusions Sempra Energy Solutions has made all reasonable efforts to coordinate and verify visible existing conditions. Unforeseen conditions may require an increase in scope and/or cost. Sempra Energy Solutions excludes any required upgrades to existing structures or existing systems (to remain), currently in violation of any local and/or federal code. Removal and disposal of existing equipment and materials will be per local codes. Associated electrical work for all scope identified in this proposal is included in our pricing. Sempra Energy Solutions' subcontractors will provide required electrical design documents. Sempra Energy Solutions does not anticipate asbestos abatement for any building materials. Sempra Energy Solutions' subcontractor has included required `Glove-Bagging' abatement of any asbestos pipe insulation and abatement of asbestos materials in cooling towers only. Hygienist services will be provided by Ambient Environmental. Asbestos Abatement will be provided by Crest Environmental. All new floor,roof or wall surfaces will be patched to match existing surfaces. All mechanical,electrical (construction)and environmental permit fees are NOT included within our pricing. All required equipment platforms and isolation is included in our pricing. However, additional structural support requirements are NOT included within our pricing. Materials, equipment and tool deliveries to be conducted during normal business hours. Rigging of equipment,materials and tools to be conducted during weekends between Exhibit A 9 Scope of Work Revised 3/6/99 City of Huntington Beach the hours of 7:00 AM and 4:00 PM. Sempra Energy Solutions will provide complete designibuild services for this project. We have included the engineering fees within each Energy Efficiency Measure pricing structure. Sempra Energy Solutions will provide a Commissioning Plan to the City of Huntington Beach. There is no assumed intent to comply with a third party commissioning agent's plan. Exhibit A 10 Scope of Work Revised 3/6/99 TABLE A Detailed Scope of Work for Energy Efficient Lighting and Controls Buildin s 1. Banning Library 2. Bushard Fire 3. City Main Park 4. City Yard Office 5. City Yard 6. Civic Center 7. Edison Recreation 8. Gothard Fire Rear Shed 9. Gothard Fire Station 10. Graham Library 11. Harbor View Clubhouse 12. Heil Fire Station 13. Helicopter Hangar 14. JR Powers Training Center 15. Junior Lifeguard 16. Lake Fire Station 17. Lake Park Clubhouse 18. Lakeview Clubhouse 19. Lifeguard 20. Magnolia Fire 21. Main Street Library 22. Murdy Community Center 23. Murdy Fire Station 24. Nature Center 25. Newland Barn 26. Oakview Recreation Center 27. Parking Structure 28. Senior Citizen Center 29. Terry Park Clubhouse 30. Warner Fire Station 31. Water Office 32. Traffic Signals Table A City of Huntington Beach Exhibit d Retrofit Code Summary Retrofit Code rota/Qty. Description A 596 Retrofit with(1)2L low watt electronic ballast and(2)4'F32T8/741 lamps AA 17 Retrofit with 1 26 watt compact fluorescent screw-in adapter AB 66 Install new 8'surface mount wrap fixture with(1)4L low electronic ballast and 4 4'F32T8/741 lamps AC 150 Install new LED exit sign with 2 LED lamps AD 11 Install new 4'surface mount wrap fixture with(1)21.low watt electronic ballast and(2)4'F32T8/741 lamps AE 26 Retrofit with(1)13 watt compact fluorescent screw-in flood AF 130 Install retrofit kit with relfector,brackets 2 3L low watt electronic ballast and 6)4'F32T8/741 lamps AG 10 Install new 50 watt HPS wall pack fixture AH 12 Install new wet location fixture with(3)13 watt compact fluorescent lamps Al 42 Delamp and retrofit with 1)3L low watt electronic ballast and(3)2'F17T8/741 lamps A] 59 Install new 8'surface mount wrap fixture with(2)3L low watt electronic ballast and(6)4'F32T8/741 lamps AK 8 Install retrofit kit with brackets,(2)3L low watt ballast and(6)4'F32T8/741 lamps AM 38 Retrofit with(1)4L low watt electronic ballast and 4)3'F25T8/741 lamps AN 41 Install new square wall pack fixture with 2)13 watt compact fluorescent lamps AO 5 Install new screw-in reflector fixture with 1)13 watt compact fluorescent lam AP 4 Install new 1x4'surface mount wrap fixture with(1)11-low electronic ballast and 1)4'F32T8/741 lam AQ 5 Retrofit with 3 13 watt compact fluorescent lamps and hard wired ballast AR 4 Retrofit with(2)21-low watt ballast and(4)4'F32T8/741 lamps AS 8 Retrofit with(1).25 low watt ballast and 1 4'F32T8/741 lamps tandem wire 4 fixtures AT 16 Install retrofit kit with 8'reflector,brackets 1 21-low watt ballast and(2)4'F32T8/741 lamps AU 17 Retrofit with(3)13 watt compact fluorescent lamps and hard wired ballast AV 7 Delamp and retrofit with(1)21.low watt electronic ballast 2 4'F32T8/741 lamps AW 4 Delamp and retrofit with 1 2L low watt electronic ballast 2 4'F32T8/741 lamps and new prismatic lens AX 34 Retrofit with.50 low watt ballast and(1)4'F32T8/741 lamps AZ 18 Retrofit with(1)21-low watt ballast and 2 2'F17T8/741 lamps B 24 Retrofit with 1)21-low watt electronic ballast, 2)4'F32TB/741 lamps and new prismatic lens BA 12 Retrofit with.50 low watt ballast and 2 3'F25TB/741 lamps BB 2 Install new square ceiling mount fixture with(2)13 watt compact fluorescent lamps and pull chain BC 27 Install new 1x4'surface mount wrap fixture with(1)31.low watt electronic ballast and(3)4'F32TB/741 lamp BD 43 Delamp and retrofit with(1)31-low electronic ballast and 3 2'F17T8/741 lamps BE 39 Install new 400 watt metal halide high bay fixture BF 21 Install new 250 watt metal halide low bay fixture BG 12 Install new 100 watt HPS wall pack fixture C 642 Retrofit with 1).50 low watt electronic ballast and(2)4'F32T8/741 lamps tandem wire 2 fixtures D 499 Delamp and retrofit with(1)3L low watt electronic ballast and 3)4'F32T8/741 lamps E 231 Retrofit with(1)4L low watt electronic ballast and(4)4'F32T8/741 lamps F 63 Retofit with 1)1L low watt electronic ballast and(1)4'F32T8/741 lamp G 17 Install new drum fixture with(2)13 watt compact fluorescent lamps H 185 No recommendation I 5 Delamp and retrofit with 1 31-low watt electronic ballast, 3)4'F32T8/741 lamps and new prismatic lens 3 94 Retrofit with 2)13 watt compact fluorescent lamps and hard wired ballast K 44 Install new drum fixture with 3)13 watt compact fluorescent lamps L 32 Retrofit with(1)2L low watt ballast,(2)F32T8/741 lamps and new wrap lens M 7 Retrofit with 1)2L low watt ballast, 2 3'F25T8/741 lamps and new wrap lens N 86 Retrofit with 1)90 watt PAR38 halogen lamp NA 0 No Access O 99 Retrofit with 1)45 watt PAR38 halogen lamp P 267 Install retrofit kit with reflector,brackets, 1)4L low watt electronic ballast and 4 4'F32T8/741 lamps Q 2 Delamp and retrofit with 1 4L low electronic ballast,(4)4'F32T8/741 lamps and new prismatic lens R 4 Install new 70 watt HPS wall pack fixture with photocell S 17 Install new wall pack fixture with(2)13 watt compact flourescent lamps with photocell T 28 Install new 70 watt HPS mini flood fixture with photocell U 20 Install new flood fixture with 1)26 watt compact fluorescent lamp with photocell V 41 Install new LED exit sign with battery back u W 11 Install new vanity wall fixture with(1)2L low watt electronic ballast and 2 2'F17T8/741 lamps X 17 Install retrofit kit with reflector,brackets,(1)2L low watt electronic ballast and 2)4'F32T8/741 lamps Y 7 Retrofit with 1)2L low watt electronic ballast 2 4'F32T8/741 lamps and tube guards Z 24 Install new wall pack fixture with(1)13 watt compact flourescent lamps with photocell 3950 FIXTURE/RETROFIT TOTALS WS 13 Wall switch sensor TT 2 Twist timer TT-15 4 Twist timer TT-30 1 Twist timer CS 1 Ceiling Sensor N 0 No Sensor 21 CONTROL TOTALS 3971 GRAND TOTAL 1 3/18/99 Table A City of Huntington Beach ExhibftA Banning Library SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit Fixture LAMPS Controls Name Name Type Type Height FC Format Qty Mtg Volt Qty Watts Type Type ID Code Qty Qty Watts Y/N Qty. Type FL RM RT CT CH EFC EFF EFQ EFM V ELQ ELW ST ECT PFF PFQ PLQ PLW PC PCQ PCT 1ST FLOOR LIBRARY LB T 8 0 24-4-34 22 S 120 4 34 T N E 22 4 32 N 0 N 1ST FLOOR LIBRARY LB T 8 0 14-2-34 8 S 120 2 34 T N C 8 2 32 N 0 N 1ST FLOOR MENS RR R T 8 0 14-2-34 2 S 120 2 34 T N C 2 2 32 N 0 N 1ST FLOOR WOMENS RR R T 8 0 14-2-34 2 S 120 2 34 T N C 2 2 32 N 0 N 1ST FLOOR KIDS RM LB T 8 0 SB-2-60 2 S 120 2 60 T N P 2 4 32 N 0 N lSi FLOOR BOOK RM LB T 8 0 SB-2-60 2 S 120 2 60 T N P 2 4 32 N 0 N �.. ...� .. a' 38..,. _' .:..e.:...::...::...:«:._,.::...ads°�: z 38--"-: ; •::r..,::::: 1 3/19/99 Q � a m W y � 6 FF 3. 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I Type BLDG C 2ND FL 2ND OFFICE 0 P 9 0 14-2-34 1 R 120 2 34 T N A 1 2 32 N 0 N BLDG C 2ND FL 2ND HALL H P 9 0 14-2-34 7 R 120 2 34 T N A 7 2 32 N 0 N BLDG C 2ND FL 2ND STAIRS ST P 20 0 14-2-34 9 R 120 2 34 T N A 9 2 32 N 0 N BLDG C 2ND FL CLOSET X P 9 0 14-2-34 2 R 120 2 34 T N A 2 2 32 N 0 N EXTERIOR EXTERIOR EX P 20 0 MV-250/1 12 W 120 1 250 T N BG 12 1 100 N 0 N ;., 6 3119199 Table A City of Huntington Beach ExhibitA City Yard SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit ixtun LAMPS Controls Name Name Type Type Height FC Format Qty Mtg Volt Qty I Watts Type Type ID Code Qty Qty Watts Y/N Qty. Type FL RM RT CT CH EFC EFF EFQ EFM V ELQ ELW ST ECT PFF PFQ PLQ PLW PC PCQ PCT 1ST FLOOR BLDG#1 S W 12 0 S8-2-75 6 S 120 2 75 T N P 6 4 32 N 0 N 1ST FLOOR METER ST RM X W 12 0 S8-2-75 2 S 120 2 75 T N P 2 4 32 N 0 N 1ST FLOOR METER ST RM X W 7 0 S8-2-75 2 CH 120 2 75 T N E 2 4 32 N 0 N 1ST FLOOR OFFICE 0 P 8 0 W8-4 40 3 S 120 4 40 T N E 3 4 32 N 0 N 1ST FLOOR RR R W 8 0 W4-2-40 1 S 120 2 40 T N L 1 2 32 N 0 N 1ST FLOOR LARGE BLDG S W 15 0 S8-2-185 1 14 S 120 2 1 185 T N AF 14 6 32 N 0 N 1ST FLOOR LARGE BLDG S W 15 0 S8-2-75 3 S8 120 2 75 T N P 3 4 32 N 0 N 1ST FLOOR SMALL BAY S W 15 0 S8-2-60 8 S8 120 2 60 T N P 8 4 32 N 0 N 1ST FLOOR SMALL BAY S W 15 0 S8-2-185 5 58 120 2 185 T N AF 5 6 32 N 0 N 1ST FLOOR SMALL BAY S W 15 0 W8-4-60 2 CH 120 4 60 T N AF 2 6 32 N 0 N EXTERIOR EXTERIOR EX W 7 0 IF90/1 4 S 120 1 90 T N AG 4 1 50 N 0 N 1ST FLOOR OFFICES 0 P 7 0 S8-2-60 1 S 120 2 60 T N P 1 4 32 N 0 N 7 3/19/99 A 0000000008SO k G G G G G G G G G G W rnnnnnnnnnn Z I r m m m m m m m m m m A A A A A A A A A A � `..� a O O O O O OO O O O O m m m m m m m m m m m m m m m m m rn d � A 4�q4 0 0 0 0 0 0 0 0 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 r 3 mD D D D D D D D D D D�T T T T 0 0 T T T T T T 3 m m m m m m m mZ m m mZ m m Z m m m m A 3 0 0 0 0 0 0 0 0 0 0 8 z 2 2 z 2 z z 2 z z � mmm AA D n ^1 n n A A A A A o �"'� T T n az`1 r)�a 5�??cD CD ca .. r 3 r 2 2 2 3 m m x x x x x 0 0 0 A D D x^�' O-r Z 0 O"„0 0 0 2 C% D rn p DDDDn 302zDD'- n (� 3322 W m B m A m y A A r n C z z z z z A O O D O r 70�Q A D m m 0 0 0 3 3 �^2 A 330m A=v D000003 A.v=T33 �m�jA 3 C A ^^A A A A p r `j 3 r r r r r A A A A A 2 2 A 3 A A z A m m m m m r^3 3 n 3 3 2 A A A 3 3 3 nO 3 3 m x z A A A A A m 3 3 3 r 3 3 \ y z 3 YO 2 A X X X X Q X X X X X X IX X X X X X X X m X X X X X X X 3 n F A A X X 0 0 0 i y 330�, ''. nnnnnnnnnnnnnnnnnnnnn33nnnnnGlOvvvnnG1 L1 G1 �� 2 C1 A L° W N N V V V V 0,08-O W p,O co W W W W SD�D _ K� ypY. m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m uui ul to n f1 VI U1 W O V1 r d y S.s VI VI r 5... 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H O O P P O O O P P O O P P P O P P O P pp P O O O p V ' W ti ti M M Ni Ni Nr M M ti ti M M M„may M M„may M lP M�Ny O O O�N-� :;.g C (J VI a W l7 C C •—' o 0 0 0 0 0 0 0 0 0 0 0 0 o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 C N ; N N W U. LnO Avi3 oc0:HIT W 7LnLn� nor: O U BID W P M N N ti N N .r ti P P O M N +Ny P N ti O O O N M N VVV P""'."P P'.'�'.'�""P P"�i4 P P P""P P"'�P pp P'"� U. O O M` Q Q O O O •. LL .Nr N-i P S W DONN�d dNN 01 NNN a.P .P.-A m z r1 zz i c pd yy� Rb W ":cc OI'1 u1 In O C �� 33HFFFm0. t f aHu M0.CLaFaaaaaaaaV z E O F S S S U S S X X 0 X V S Y X ix a X S W X 1.1.1.a a W ce a KW zVz1 Q_WZ O Ln ooaE f Ww u Wo _=r noo so f o= u O u K " , 3 = 3 01 gC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000000000000000000000 000000000000000000000000000�0�-yy c, E J J J J J J J J J J J J J J J J J J J J J J J J J J J J S cm �L lL IL LL LL 1i li 1L LL IL IL IL LL IL LL lL IL IL lL IL LL LL LL lL tLfj�j z ��t1,7)G���G�GG����G���������G Q m �a H Table A City of Huntington Beach ExhibitA Gothard Fire Rear Shed SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit Fixture LAMPS Controls Name Name Type Type Height FC Format 1 Qty Mtg Volt Qty Watts Type Type ID Code Qty Qty Watts Y/N Qty. Type FL RM RT CT CH EFC EFF EFQ EFM V ELQ ELW ST ECT PFF PFQ PLQ PLW PC PCQ PCT STORAGE ST RM X M 15 0 SB-1-75 10 CH 120 1 75 T N AT 10 2 32 N 0 N STORAGE ST RM X M 9 0 54-2-34 3 CH 120 2 34 T N A 3 2 32 N 0 N SMALL TOWER SMALL TOWER X M 9 0 14-2-34 1 R 120 2 34 T N A 1 2 32 N 0 N SMALL TOWER ST RM X M 9 0 58-2-40 1 R 120 2 40 T N A 1 2 32 N 0 N SMALL TOWER RR R M 9 0 54-1-34 1 R 120 1 34 T N F 1 1 32 N 0 N SMALL TOWER RR R M 9 0 ID-90/1 2 R 120 1 90 T N 0 2 1 45 N 0 N SMALL TOWER RR R M 9 0 24-4-34 4 R 120 4 34 T N D 4 3 32 N 0 N EXTERIOR EXTERIOR EX M 0 0 IF-90/2 3 120 2 1 90 T N U 3 1 26 N 0 N 10 3/19/99 a rn W T 6J z Z Z Z Z Z Z Z Z z Z z Z Z Z Z Z Z 2 Z Z Z Z Z Z z Z.. z Z Z .. N ao 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u W Z Z Z Z Z Z 2 Z Z 2 2 2 2 2 2 Z Z Z 2 Z Z Z Z Z Z 2 2 2 2 2 2 Z j` z �I 3 LU W H Ca N N N ti O N O 0 U. � dn a1 Ry duaar= a=a.Z u�auaca^�a^�aYa^�ua�uor o�c zzzzzzzzz z z zzzzzzz z z z z z z zzzzzzza 8 •� F� rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr �.. �nFf pppp pppppppp pp pp pp pppppp �.. Lu;S L m Y 0•W N N'+N.�ti.+.+V ti N +N•+N N N V N N N N N.-�N N N N N N ti N 0 2 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C > C � C U. w cfL0 z f SOnCALnv)vi333ainxin-1.oc.ocr,otaa� n n n n n n nviv vi w r � g f f v C C V � N U. E LL N N O, S W 3 h ih hodd�dvvvvvNdr�v Lva b 33333°-°� p u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o o o O O o 0 o O o 0 0 0 0 0 U. IM C_ :. 0= m m u .-� c00101---T-----T _ C G �,rj F333 V UUUI�anUC7U l7 C7 C71717 a17 C7nnanananna Z g g� W X X XXXXXXXotj W W X ==OOX0 Hxl- aCcYY W Q0 O1.1 Z W W W OC C K GC Z�Z�11 Z z w w ' \ z 2 Z Z W W W f W n' (n z Y z 0 O U r =O Z Z '. \ C d aaaa000z=z n'KK�UVCLL aZggg�j0 W W W W W Z EI auuur�rwV) as�io oEO�zcLnOYYY==o7 uGEptoogr J J aar =0000zuuuuu W d O Z SwwwJ in noZ3rnuuf =nO0ou�000F mK =vv=ice Lno2=�rryN ce <w w L , g 0 C 5 -K K K K C K C C K K K K K ff C tt"'KKK K��C,11= 0 000000 0000 00000000000000000 LLd o$0000000g0000g000000000000000 �y Q r E J J J J J J J J J J J J J J J J J J J J J J J J J J J K LL LL LL w LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL ' oZ �t;rnGt-n t;�i tT,t7n t;t,t-n t;Gt;t;t;tnGn t; t; t;17,t7n t;t;tnww ' m Table A City of Huntington Beach ExhibdA Graham Library SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit Fixture LAMPS Controls Name Name Type Type Height FC Format Qty Mtg Volt Qty Watts Type Type ID Code Qty Qty Watts Y/N Qty. I Type FL RM RT CT CH EK EFF EFQ EFM V ELQR4O ST ECi PFF PFQ PLQ PLW PC PCQ PCT 1ST FLOOR MAIN FLOOR LB T 9 80 14-3-40 20 S 120 3 T N AB 20 4 32 N 0 N 1ST FLOOR MAIN FLOOR LB P 9 95 14-4-40 4 S 120 4 T N BC 4 3 32 N 0 N 1ST FLOOR RESTROOM R G 9 100 24-2-40 2 R 120 2 T N A 2 2 32 N 0 N 1ST FLOOR CLOSET X P 9 80 IP-100/1 1 S 120 1 T N G 1 2 13 N 0 N 1ST FLOOR STUDY RM 0 T 9 100 W4-4-40 2 S 120 4 T N E 2 4 32 N 0 N 157 FLOOR STUDY RM4T9 80 EX-15/2 1 S 120 2 T N V 1 1 3 N 0 N EXTERIOR EXTERIOR EX T 9 80 IF-90/1 10 S 120 1 T N U 10 1 26 N 0 N 12 3/19/99 Table A City of Huntington Beach Exhibit Harbor View Clubhouse SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit Fixture LAMPS Controls Name Name Type Type Height FC Format Qty Mtg Volt Qty Watts Type Type ID Code Qty Qty Watts Y/N Qty. Type FL RM RT CT CH EFC EFF EFQ EFM V ELQ ELW ST ECT PFF PFQ PLQ PLW PC PCQ PCT 1ST FLOOR CLUBHOUSE M W 9 0 22-4-20 18 S 120 4 20 T N BD 18 3 17 N 0 N 1ST FLOOR CLUBHOUSE 24 P 7 0 EX-15/2 2 S 120 2 15 T N V 2 1 3 N 0 N 1ST FLOOR ST RM X W 9 0 58-2-75 1 P 120 2 75 T N P 1 4 32 N 0 N 1ST FLOOR KITCHEN K P 9 0 14-2-40 8 R 120 2 40 T N C 8 2 32 N 0 N 1ST FLOOR RR HALL R P 8 0 IS-90/1 2 R 120 1 90 T N 3 2 1 2 13 N 0 N 1ST FLOOR MENS RR R P 8 0 14-2-40 2 1 R 120 2 40 T N A 2 2 32 N 0 N 1ST FLOOR MENS RR R P 8 0 IS-90/1 2 R 120 1 90 T N 3 2 2 13 N 0 N 1ST FLOOR WOMENS RR R P 8 0 14-2-40 1 R 120 2 40 T N A 1 2 32 N 0 N 1ST FLOOR WOMENS RR R P 8 0 IS-90/1 1 R 120 1 90 T N 3 1 2 13 N 0 N 1ST FLOOR WOMENS RR R P 8 0 22-4-20 1 S 120 4 20 T N BD 1 3 17 N 0 N EXTERIOR EXTERIOR EX W 8 0 IS-90/1 2 W 120 1 90 PC N S 2 2 13 N 0 N 1ST FLOOR BOILER RM X P 8 0 58-2-75 1 P 120 2 75 T N P 1 4 32 N 0 N 13 3/19199 m _Q A r V)V f N r r r r r r r r r r r r r r 3 nnnOO000000000o A 0 o00000 0000000 A A A A A A A A A A A A A A A A A g 0 M G) N IA m O O O 9 pa -1 A inn rt1 A O O O O 3 A A -1 Z D zz OAnncoiAAAA=zz2-�pnnn 7C x x 2 3 3 , ;o;a A m�/f�i�j3330m3 A 00 p x z zz 7n�7a7� 3 AAA � O A O :O Z m mQQQxmmmOO"A 00A223�c 7cx 3 i v v v v v v v v ro vim m m m m m moo m m m moo r€: w m T m O O O O O O O O O O O O O O O O O O O O O O T n M1m y C g �Tp�Tp�TpI�Vp1 T O Q Ox0 0 A��4pp p A ppG�� �4�pp���pp A��4pp OCD m O O O O O D O N O N O N W o N O O O N T 4.4 N \d r M T M ONN V1 W NOS 1+O�N�+d N�+A A per f.. Z1A'm 3 Z A AAA A AAAAAA(A Vf Ln(m V)A AAAV1 31g 'A C O O O O O O O O 0000 O O O O O O O O O OPa r rr M� 10 i 3 fC m si a. z Z Z Z Z Z z Z Z Z Z Z Z Z Z 2 Z Z Z Z z CC�ln�2SAv�+D�Dm��D�+�+A�m T 9 10 p 9 O Ar-p O sm 0 ro; 3GI W N W c fA Z Z Z Z Z Z Z Z z Z Z 2 Z Z z Z Z Z Z Z Z Z 2 p� . 0000000000000000000000p,Z� N z z Z Z z Z z z Z Z Z Z Z Z Z Z Z Z Z Z 2 2 f1 y X i R S �p V � D Table A City of Huntington Beach ExhibBA Helicopter Hangar SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit Fixture LAMPS Controls Name Name Type Type Height FC Format Qty Mtg Volt Qty Watts Type Type ID Code Qty Qty Watts Y/N Qty. Type FL RM RT CT CH EFC EFF EFQ EFM V ELQ ELW ST ECT PFF PFQ PLQ PLW PC PCQ PCT 1ST FLOOR HANGAR S M BEAM 26 MH-400/1 21 PIPE 277 1 400 B N H 21 0 0 N 0 N 1ST FLOOR HANGAR 24 M BEAM 26 EX-15/2 1 W 277 2 15 B N V 1 1 3 N 0 N 1ST FLOOR HANGAR S M BEAM 10 14-2-34 22 CH 277 2 34 B N C 22 2 32 N 0 N 1ST FLOOR MENS RR R P 9 W4-2-34 2 S 277 2 34 T N C 2 2 32 N 0 N 1ST FLOOR MENS RR R P 9 W4-2-34 3 S 277 2 34 T N A 3 2 32 N 0 N 1ST FLOOR HALL H G B 24-2-34 1 1 R 1 277 2 34 T N A 1 2 32 N 0 N 1ST FLOOR WOMENS RR R P 9 14-2-34 3 R 277 2 34 T N A 3 2 32 N 0 N 1ST FLOOR OFFICE 0 G 9 24-4-34 3 R 277 4 34 T N D 3 3 32 N 0 N 1ST FLOOR FRONT OFFICE 0 G 9 24-2-34 3 R 277 2 34 T N A 3 2 32 N 0 N 1ST FLOOR BENCH AREA 0 P 9 W4-4734 6 S 277 4 34 T N E 6 4 32 N 0 N 1ST FLOOR ST RM X P 9 W4-434 4 S 277 4 34 T N E 4 4 32 N 0 N 1ST FLOOR MACHINE RM S P 9 W4-2-34 4 S 277 1 2 34 T N C 4 2 32 N 0 N 1ST FLOOR PAINT BOOTH S M 9 W4-4-34 3 PIPE 277 1 4 34 T N A 3 2 32 N 0 N EXTERIOR EXTERIOR EX M 9 IF-150/1 2 S 277 1 150 T N H 2 0 0 N 0 N TRAILER PILOTS TRAILER 0 P 9 W42-34 12 S 277 2 34 T N A 12 2 32 N 0 N EXTERIOR EXTERIOR EX M 9 IF-150/1 1 S 277 1 150 T N T 1 1 70 N 0 N d., .. µ 15 3119/99 V Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 2 2 2 2 Z 2 Z Z z Z z Z F SSS e u000000000000000000000000000000000000000000000000 t CC a d x U c� w z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z j �yN ... 3 � M M M M O P M M M.•+M M M M..M M..'^M�M M M O M M M M M M M M M M M O O M M M M M M O M.•+T Q� i gp•d N M N M O.��+N sD M N N N N M N N M.••�N M N N P O•••�•••�M••a M N N N N N N O O N N M N N N O N M•••� � 0 d ' O'O w a 0. 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LL LL LL LL LL LL LL LL LL —W m Table A City of Huntington Beach Exhibit Jnr. Lifeguard SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit Fixture LAMPS Controls Name Name Type Type Height FC Format Qty Mtg Volt Qty r Watts Type Type ID Code Qty Qty Watts Y/N Qty. Type FL RM RT CT CH EFC EFF EFQ EFM V ELQ ELW_ ST ECT PFF PFQ PLQ PLW PC PCQ PCT BUILDING 1 KITCHEN K P 8 0 14-1-34 6 S 120 1 34 TS N F 6 1 32 N 0 N BUILDING 1 VARIOUS X P 8 0 IT 8 S 120 1 60 D N H 8 0 0 N 0 N BUILDING 2 OPEN ST RM X P 8 0 W4-2-34 8 S 120 2 34 TS N A 8 2 32 N 0 N BUILDING 2 OPEN ST RM X P 8 0 IS-60/1 2 S 120 1 60 TS N G 2 2 13 N 0 N EXTERIOR EXTERIOR EX P 8 0 IS-60/1 4 S 120 1 60 TS N Z1 4 1 1 13 N 0 N ZK 17 3119/99 Q � a m xx W 6 F .................Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ; F _N ao 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F 3 •3 LU }� 'Z o Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ax N Z�••1j N N N N N M N M N N N N V1 N N N M M N M N N N M N M M N 1�N M O M N ti r ' � M M M M M�+M M M M M N M M M M +M M M•-�M•y.i M ti M•ti n ^1 M 0 T M•-�M N N N N N N M M.ti N N N M M N N N N N M M M N M N N N N M N.r M N ' W VIL 0 6 ry CL CE p� a ao ao Go Go co co m aoco m co�co co co co mwmm m�w w w w w m m m�00 aq d ry U. 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O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 tl OI= C 'a�V •Ny N m m m m m m m m m m w w w ti w w w w w w w w m w•may w w m m m m m m•Py IM C �rj 17a�71�c717 c.71�a1�c71�1717 c7 c�l7 t�aaa ac7 l�c7 C7aaaaal�aaa� �z'; g � X X oXx w O 0000x£Y be XXo'a'00002 S C w 0:u £X XXX y� Z OC W zz ix cc u O o E E Ln'n 0£ £Y<3�LL O O o 0 o W w W£ ££££O O W O p O Ln'n�Z W C OC Z QR�p0000�OS=Z C S'C1'C C K 000.' a'O��"Ja� „9 W E g C ¢Q£ J Q�FU rUO CC 000aC OC a'w� u 8 Z 99 g���0 V1w �� S ]Z 4a� 500008 Z roc a0.9 ~=3�t�c�cgtg � uu o � :;. 0000000o OOOo0o0o 00000000000 00000 LL °C' o0000000$OOO00000g00000000000g0000o0y C' c J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J 6 C A LL LL LL LL LL LL LL{LL-LL{w LL LL LL LL LL LL{LL LL LL LL LL LL LL LL LLC LL LL LL LLC LL LL LL LL LL LL 10 w, m Z ~ ~ (A In N N N N N N N N N N W � r Table A City of Huntington Beach Exhibit Lake Park Clubhouse SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit Fixture LAMPS Controls Name Name Type Type Height FC I Format Qty Mtg Volt Qty Watts Type Type ID Code Qty Qty Watts Y/N Qty. Type FL RM RT CT CH EFC EFF EFQ EFM V ELQ ELW ST ECT PFF PFQ PLQ PLW PC PCQ PCT 1ST FLOOR KITCHEN K P 8 W4-2-34 2 120 2 34 T N C 2 2 32 N 0 N 1ST FLOOR MEETING RM C P 8 ID-150/1 11 120 1 150 T N N 11 1 90 N 0 N 1ST FLOOR MEETING RM C P 8 ID-150/1 7 120 1 150 T N N 7 1 90 N 0 N 1ST FLOOR HEATER RM X P 8 IP-150/1 1 120 1 150 T N K 1 3 13 N 0 N 1ST FLOOR MENS RR R P 8 W4-2-34 1 1 120 2 34 T N I A 1 1 2 32 1 N 0 N 1ST FLOOR WOMENS R P 8 W8-2-75 1 120 2 75 T N P 1 4 32 N 0 N 1ST FLOOR CUSTODIAN X P 8 IP-9011 1 120 1 90 T N K 1 3 13 N 0 N 1ST FLOOR CLOSET X P 8 IP-90/1 1 120 1 90 T N K 1 3 13 N 0 N EXTERIOR EXTERIOR EX P 8 HPS-50/1 5 120 1 50 T I N I H 5 0 0 1 N 0 N 19 3119199 Table A City of Huntington Beach Exhibit Lakeview Clubhouse SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM BuildjFloor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit Fixture LAMPS Controls Name Type Type Height FC Format Qty Mtg Volt Qty Watts Type Type ID Code Qty Qty Watts Y/N Qty. Type RM RT CT CH EFC EFF EFQ EFM V ELQ ELW ST ECT PFF PFQ PLQ PLW PC PCQ PCT 1S OPEN FLOOR M W 12 0 W4-4-4010 S 120 4 40 T N E 10 4 32 N 0 N 1S OPEN FLOOR M W 9 0 W4-2-40 1 S 120 2 40 T N A 1 2 32 N 0 N IS MENS RR R P 9 0 IS-60/3 3 R 120 3 60 T N AU 3 3 13 N 0 N 1S KITCHEN K P 8 0 W4-2-40 6 R 120 2 40 T N C 6 2 32 N 0 N 1ST FLOOR KITCHEN K P 8 0 W4-2-40 1 R 120 2 40 T N A 1 2 32 N 0 N 1ST FLOOR KITCHEN K P 8 0 IS-60/3 6 R 120 3 60 T N AU 6 3 13 N 0 N 1ST FLOOR ST ROOM HALL X P 8 0 S4-1-40 1 S 120 1 40 T N F 1 1 32 N 0 N 1ST FLOOR CUSTODIAN X P 8 0 IP-150/1 1 R 120 1 150 T N AN 1 2 13 N 0 N 1ST FLOOR WOMENS RR R P 8 1 0 ID-60/3 2 R 120 3 60 T N AU 2 3 13 N 0 N _...... ;:31. 20 3/19/99 C '•m T T T T T T.... 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W W{a-U U OJ OJ a w 11 Q�fQ O m x V-1-W W W O O M�W W 6 7 O 1NNN W W U V LL QaaU ryln 1 Z Z t t Ul C Z z x x 3 3 S s u a a s w cc F F F v� t t g C000000 000'S'Ca1'1'Cd'Ca'OL a'OC 1'OC d'CC 000 a'OC a'C 000000 LL y O O O O O O Q O O O O O Q g O o O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � E J J J J J J J J J J C Z LL LL LL LL LL LL LL LL W LL LL LL LL LL LL w LL LL LL LL LL LL Il.IL IL LL w LL LL LL LL LL LL LL a a t;t;t;t;Gt;1-n t;t;t;t;t;t;—-- m m Table A City of Huntington Beach ExhibitA Nature Center SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ .Room No./ Roombil Ceiling FIXTURES LAMPS Switch Control Retrofit Fixture LAMPS Controls Name Name TypeHeight FC Format QtyM Volt Qty Watts Type Type ID Code Qty Qty Watts Y/N Qty. Type FL RM RT CH EFC EFF EFQ V ELQ ELW ST ECT PFF PFQ PLQ PLW PC PCQ PCT 1ST FLOOR MENS RR R 8 0 ID-100/1 1120 1 100 T N AN 1 2 13 N 0 N 1ST FLOOR WOMENS RR R 8 0 ID-100/1 1120 1 100 T N AN 1 2 13 N 0 N 1ST FLOOR REAR 0 8 0 14.2-34 8120 2 34 T N C 8 2 32 N 0 N 1ST FLOOR REAR 0 8 0 14-2-34 2120 2 34 T N A 2 2 32 N 0 N 1ST FLOOR BREAK RM 0 8 0 14I-34 I120 1 34 T N F 1 1 32 N 0 N 1ST FLOOR BREAK RM 0P8 0 ID-100/11120 1 100 T N K 1 3 13 N 0 N 1ST FLOOR BREAK RM 0 P 8 0 ID 100/1 1120 1 100 T N W 1 2 17 N 0 N 1ST FLOOR LOBBY H P 8 0 IF-90/2 2 S 120 2 90 T N AD 2 2 32 N 0 N �. 517. 26 3/19/99 Table A City of Huntington Beach ExhibftA Newland Barn SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit Fixture LAMPS Control Qty Watts Type Types Name Name Type Type Height FC Format Qty Mtg Volt ID Code Qty Qty I Watts Y/N Qty. Type FL RM RT CT CH EFC EFF EFQ EFM V ELQ ELW ST ECT PFF PFQ PLQ PLW PC PCQ PCT 15T FLOOR KITCHEN K T 10 W4-2-34 2 S 120 2 34 T N A 2 2 32 N 0 N 1ST FLOOR KITCHEN K T 10 W4-2-34 4 S 120 2 34 T N C 4 2 32 N 0 N 1ST FLOOR BANQUET RM M T 9 W4-2-34 12 S 120 2 34 T N A 12 2 32 N 0 N 1ST FLOOR BANQUET RM 24. T 9 EX-15/2 4 S 120 2 15 T N V 4 1 1 3 N 0 N 1ST FLOOR ST RM X T 9 W4-4-34 2 S 120 4 34 T N E 2 4 32 N 0 N 1ST FLOOR REAR HALL X T 9 1D-150/1 1 R 120 1 150 T N AE 1 1 13 N 0 N 1ST FLOOR MENS RR R T 9 IS-100/2 2 S 120 2 100 T N AD 2 2 32 N 0 N 1ST FLOOR MENS RR R T 7 IV-60/2 1 S 120 2 60 T N W 1 2 17 N 0 N 1ST FLOOR WOMENS RR R T 7 IV-60/2 1 S 120 2 60 T N W 1 2 17 N 0 N 1ST FLOOR WOMENS RR R T 9 CF-40/1 1 S 120 1 40 T N H 1 0 0 N 0 N 1ST FLOOR WOMENS RR R T 9 ID-100/2 1 S 120 2 100 T N AD 1 2 32 N 0 N 2ND FLOOR UPSTAIRS APT 0 T 9 ID-100/2 3 S 120 2 100 T N K 3 1 3 13 N 0 N ,.,.., ? .., ,. M •.. :"i., .�=�: fir - 27 3/19199 Table A City of Huntington Beach Exhibit Oakview Rec.Center SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit I Fixture LAMPS Controls Name Name Type Type Height FC Format Qty Mtg Volt IELQ PELW Type Type' ID Code Qty Qty Watts Y/N Qty. Type FL RM RT CT CH EFC EFF EFQ EFM V ST ECT PFF PFQ PLQ PLW PC PCQ PCT 1ST FLOOR POOL RM M P 8 0 W4-4-34 16 S 120 T N E 16 4 32 N 0 N 1ST FLOOR OFFICE&HALL 24 P 8 0 EX-40/2 4 S 120 T N V 4 1 3 N 0 N 1ST FLOOR OFFICE&HALL H P 8 0 W4-4-34 10 S 120 T N E 10 4 32 N 0 N 1ST FLOOR RR R P 8 0 14-2-34 2 S 120 T N A 2 2 32 N 0 N 1ST FLOOR RR R P 8 0 IV-60/2 1 S 120 2 60 T N W 1 2 17 N .0 N 1ST FLOOR GYM G P 8 0 MV-400/1 12 S 120 1 400 T N H 12 0 0 N 0 N 1ST FLOOR GYM 24 P 8 0 EX-40/2 2 S 120 2 40 T N V 2 1 3 N 0 N 1ST FLOOR GYM G P 8 0 14-2-34 1 S 120 2 34 T N A 1 2 32 N 0 N 1ST FLOOR REAR CLASS C P 8 0 W4-2-34 8 S 120 2 34 T N A 8 2 32 N 0 N 1ST FLOOR GOODWILL X P 8 0 W4-2-34 6 S 120 2 34 T N A 6 2 32 N 0 N 1ST FLOOR KITCHEN K P 8 0 W4-2-34 4 S 120 2 34 T N A 4 2 32 N 0 N 1ST FLOOR CLOSETS X P 8 0 IP-60/1 2 S 120 1 60 T N K 2 3 13 N 0 N 1ST FLOOR CLOSETS X P 8 0 W4-2-34 2 S 120 2 34 T N A 2 2 32 N 0 N 28 3/19/99 Q � a a' x w �GZZZZZZZZZZZZZZZ pNp Say Tk! ZZZZZZZZZZZZZZZ10 o a d N N N N N N N N N M N N M N M ' 6 & a d m.-�ti N P N p M,y N 40 P 40 P ^: IL �3E 3 U. U. 0 0 0 Q Q Q Q Q J a Q J a J Q .�. gxbz ZZZZZZZZZ=ZZ r zg m a W N N N N N N N N N N N N N N N V C ' p = o00000000000000x V {l• CW C 0(nww0(nLn�33�+3333 o10 O P 4o P M 4 MT $4$Y IL N N N N N N N N N N N N N N N SW �33NN33333333ui C �m d m m m m m m mNy C f U U U U f V U U U U U U U U Z g g K X X N X X N N N N N N N Q F u N N N M M wZ EE �aQ � ac Lo° �° L" L" L^ L" L^ L^ aEz °C �� 20 813191 gBgB d g ~ Ln �����_�V�L ul 8 ee � L � ee � e � e � e � N. E J c�t�t�c�t�c�i$33 a zLLa<<<<<�<<<<�<<-. . o n m m IT a a 9 a a a a n a 2 IT ':::5 Ka z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z,z r z z z z z z z Q N a CY m L O% 1J w � z �j ++zzzzzzzzlz Z z Z z z z Z z z z z z z z z z z z z z z z z z z z z}z}z z z z z z z > Z Yyyy� M N P1.... N N N N N N N V1 N N N N N N N N N N N N N N N M N M N........ M M M M M M M M M N M M M M M M M M M M M M M M M M M M M M M'+M M M M M M M M M M I. LU ul aa d DID M P.O M O M P P M N N P-IT -N p 6 � CY gryJ a d MIM MIN M N ti N M N N M�+�y M P S�+ o IAN�+IA LL N d >Qo}uQ>Q>awoaoQ>o> oaaaovQ �o>aw000aa000>Q gRtZzzzZZZzzzzzzzzzzzzzzzzzzzzzzzZZZZZZzzzzzzzzZZzZZZ s Vf V)VI VI V)V)Vf VI V1N VIN VINN VI VI V)0 V)0 V7 In F-F-FF-F-F-F-F-F-F-F-F-F-F-F-F-!-F-F F-F-F-F-F- H F-F- '.' N W � 3 m sg W >l C C z FFZ�w Y O O O O O O O O O O 00 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N C ; N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N C & 17 O , M C .0 � 7 z -_ •C ZL. WUnNunVIV1v)mv)VFvi3v) n33w• :w3:wLnu)wwwnLn3zvFvvivFnvin.Ll3:uwWntnFnDWWu)W '€ UW H W NMNNMN N�MN NM W,�p DN O ON r p +O NNNPN V.O,O NN ti ITW-� -. LL M p P pp P.r P pp P N P P N P N P N P P P p p pp N P N P P P P P _ FEVpL W ZW NM O' MOaD0 M O Wm MNV NN=X CvO333 3 3 3 N 33N OO•^MppR' N�'.r(\pSLhA �NP3 MNP PMN¢MP1Nry 7d oO � W0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ct D,00 co CO 00 co 0)m O]N N O O n ti.r O co co co O O OD 00 m OJ OD 0)D)Q)O QD O GD O DO!b a0!b O!b!b O O W D1 D.D1 D,01 �,rj uI-F-F-F-aaannnnannc7ano_nno_ao.D.n o_annnnnnannaaaaannnc7 c7 c70�7 Z N=Y Y S O S N x N S m w o x x z n o"n x 0 2 x n n 0 0 0 N W 0Q oe U 3@yd O` Z N x U w W fD M W n'K O O n� i= ii n' Z C V d f7x #000�-1�-1�-f}} W W Owy } n.�OCccw :4z Fo '^x ww W z N O0O¢¢¢ J l7f OC SK W f aC V) }O (J E Z u, y YgVI VIZFFF OoommJ2x�..mmQQ�W VIZCO Jry6 ULL tinaUatSC V)Z�Q.V.(�� a E Aocu 'n ozzW000��� Quu 7D a w W d o Z LL u O O w w F O O O a O O x rn WOO'7a'7a O F w O G G O w z G w g u�z LL z '•`}: to C O LL u m W f f 3 C C C 0 0 0¢¢¢ 4 0u O o o K 3 w J u g �O O G m 3 o w O U U O W 8 O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O O O O O 0 ' �a sd og000SoO00000000g�0000000000000000000ooy000S0000Soo ` E J J J J J J J J. ...... J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J V.J J J J J J J J J J C A W LL LL LL W LL LL LL LL LL LL LL LL LL LL LL LL W LL LL LL LL LL LL W W W LL LL LL W LL LL LL LL LL LL W LL LL W LL LL W W LL LL LL W aZ GGGGG�GGGGGGGGGGGGGGGGGGGGGGGGib;b;GGGwGGGGGGGGGG m Table A City of Huntington Beach Exhibit Terry Park Clubhouse SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit Fixture LAMPS Controls Name Name Type Type Height FC Format Qty Mtg Volt Qty Watts Type Type ID Code Qty Qty I Watts Y/N I Qty.I Type FL RM RT CT CH EFC EFF EFQ EFM V ELQ ELW ST ECT PFF PFQ PLQ PLW PC PCQ PCT EXTERIOR EXTERIOR EX P 8 W4-2-34 1 S 120 2 34 T N A 1 2 32 N 0 1 N 1ST FLOOR RESTROOMS R P 8 W4-2-34 7 S 120 2 34 T N L 7 2 1 32 N 0 N •NO ACCESS TO 1/2 OF SITE 31 3/19199 a g z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z �? m F °f N W Y p NI p a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O o O o O o O o O O o o 0 0 00000 O O ?y VyyI Z Z Z z Z z z Z+lz Z Z Z Z Z Z Z Z--I. zz z z Z Z Z Z Z Z z Z z ' z z z z ; VI Y U' _ pp ' 6 M M ti M M ti M tN+1 rN+1 t+N1 tN+1 IN+1 nN'1 Q eN+1 y d a N N N P N N N P N N N N N ti.r.y M N N N N N N N O N N N N ti ti IT '+ d 0. 6 N P m iP N� LL U V V--xz aUUU¢V OLL¢�^V U¢Q�C7ZS6UU¢W W VI pY �: G W z 2 2 2 Z Z Z Z Z Z Z Z z 2 z z z z z 2 z z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ,',' G �FHHHHI-Hl-HHF-a'F-1-FHHHHHHHHHFHF-F-HHF-F-h-F-F-F- '6, . 7; p pp pp pp pp pp pp pp pp G M M 0 t+P1 P r+P1 eP+1 f+P1 M M n M M O'01 M M M 01 M T t+m1 rP+1 r+P1�P+1 t+P1�+P1 eP+1 eP+1 r+P1�O 01 O� .. W _ g . u C � �W N N.y N.•y.ti N N N N N N N.-�.y.y N..N N N.y.y.y.y.•y N N N N ti.+.•y.•y .y m V C f z 0 0 0 0 0 0 cli 1"", c U. = 0! W ld+ u u3LA0- n nv�v�tn nVnaainininLnLnUninzzaaa3333333 O 10 V C At aLU �L YO N YO +N N N N N.+�O�D M mNy.ti P YO N M ti.•y,Py P m�+P N.rHT � P P.�� '�P P P P P P .-�P P P P P .y O.•r"".�P P P P P P P P.ti�ti '. O W �va� �P��CP�R�v?_N�333chm46_2Pv33�vsFPv�od_ 67 IuL 0 0 0 O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL W � Lift C L �n m 1 m m m m m C,O+O+ :rc S C �,t; as amm aaaaannaaaaaaaaaaaa33C7�7aanaaaana + H P �Z1 Q Uf In W W W W W X X X X Y Y Y Y x X 0 n'K X a a S S f 0 0 0 Q O Q Q W X '` F O \ W d'a'a'a'C KC u W C CL¢¢{n N{n VI Vl f O Z Z Z Z Z O W Y W n'K W n'U U g O,....a N N M M 0 ". CI K J H V7 VI z z o In ,t. E Z z�F Z u x x x=x x Q Z v„n a z z Q z w w f f w f g g¢ 1 d E E X 0 0 o a > u u u u a Q�Z Z w W w .O O O D U cc U W � $Z a33Qa�� oa=E�3oo � 000000 �C3:' oC a a a na a u u g 3 3 w w w aaa v�i Q LLd 00000000$0000g000$oo$0000000$OOOOOQQo 00000000 0000 000 00 0000000 00000 0 OMJ J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J M S J C g LL LL LL W W LL W LL LL LL LL LL w LL LL W W LL W W W LL LL W LL LL LL LL LL LL LL LL W LL LL W H � Z �Grnt;tn G�������G�G� ������GG�G��� I-, 0 It .zzzzzzz333zzz333Z33ZZZzz3ZZZZZZZZZZZZZZZZZzzzzzz3ZZZZ333 ¢ rn N Ol a p m w �Cd 00000000.+ -+000.+ -�o-+ .00000-+00000000000000000000000N0000-. +ry `� Z z ddz Z z Z Z Y Y Y Z Z Z Y Y Y Z}}z z z z z}z z z z z z z z z z z z z z z z z z z z z z z}z Z Z z}}} N N N N M N N .... NNN N...... 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P�O N�D.Nr N ti••+N N N N N ti M N N Ny N N N N P"IV P M M P N P P P lfl�D N N M M lfl llf N V1 N M M�O P P N N N N w LL � LL. moamm»>0000m>000000000000aaua000QoaQQ�aawoaoaQaoaow¢000 oc � & GzzzzZzzzzzzzzzzzzzzzzzzzzZzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz s r r-I- -I- -I- r r r r r r r r r r r r r r r p V M - M M P P m M M M M P t•P1 M M M M M M M M M M IP�1 M IP�1 M fP�l M M M M 1�M M�O 1� M M M M N M M M n M 1�M f+P1 M M IP+1 tP+1 ••• m R .= W C d d O V d W N N N N N N P P P P N P P P P P PIE P P P P P P N N N N P P P ti P N N N N P N P N N N P P P N P P P a C O Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O ry N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N J = 3 0 � ZL. �W oea��ocuuuw�wzz3aeaew wass� oczz�nv�v�a�nv�v�v�Lnvivi3 oev�wvizva�n�ninae�nin�n�nv)�nin U a Lu 1L P�O N�O ti N ti•••�N N N N N.r M N N•Ny N N N N P N P P M M P N P P P Vl�O N N M M 1!1 1!1 1!1 Ifl N M M�p P P ti N N N N�O xr� P P N•,y P P P P P PM P P P P P P P P P P P P P P P P P P�+P P .•,ti"�P P P P N P P P 1!1 P 1!1 P P P P P P �7 IL M N1 M M M M x�M yMj y My y M 1'�1 M M M M M M M M M M M M M M M M p M M M y MyI N M M M 1�M 1�M M M M M M W N N N N N W W N N N N N W N N P P 1P N N N IT N .P+.Pi HPr N N~ N O Q P P N OD N N P m N.•�4 P N N N � Y W O C E OI x N N N N N N N 1!t O O O aD a0 • U O�O�Ol T O�O�01 p�O�O�01 O�O�I�n n n n n n n n T O�T T p�O�01 T 01 O�O�01 O�O�Ot ti .-1 m m•,y.••�GD.••� ..w T T O� � x Im rrrrl-l-F-rrrrrrrrrl-rl-F-rh-r r rrrrrrrrrrrF-F-rrl-l-rF-F-3F-1-aa0 ammmaua f F F Z g �H 000 H N N N o 0 0 o 2 N O 0 0 0 0 0 0 0 0 0 0 0 W W W W O O X X 2 p O W W W o o o 3 0 0 0 0 O X 3 3 w o o o O�•1 H F J �r••�z�r••�z 0\ 2 Z Z J J J Z 000 K C O K K Y Y f f Jx(�x(K 1'2''V V V- Ln Vf C, W d Y W G W Q a Q W S8 Q O~ u m a !Azc�U � Y W W OOO W O poUUUUU O O p w W W Z xxxav��� v+ '"rn-.� m ppP�c�zp �•1�•1�-1 �-f {J E f JJ S O Vf Z VI J J N N W�CyC Z Z¢¢¢OC O O O S w 2 x¢0 0 0 Q E q J J J w K K J ti �� N O O p N ry W z .. C Z Z a aC K K W W LLL LL LL G d 1 d p Z W 7 7 7 1'a� .ti p �f W In(A� p3 Z Q Q�WrC jrWG a s d 1'p p p p p IWL LL I�L YI G f0 m fO C K m pU pU U p W W f 6 w �+W W w C 1'Q D D p p p E�10-1w as Q 333 G7 00000000 000000900000 oC OC 0000'0000 K a'a'a'0000'a'a'a'd'K z d'000000000 K K fC d o0000000 000000 00000000000000000000000000000000000000000 � o0000000$000000g0000000000000000000000000000000000000�000 • a E � J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J C A LL W W LL LL LL LL LL W W W W LL W W W LL LL LL LL LL LL LL LL LL W LL LL W LL LL W LL W W W LL W LL LL LL LL LL LL LL LL W W LL W LL LL W W W W 9Z GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGt;t;b;zzzzzz zzz •' N N N N N N N N N N N N m Table A City of Huntington Beach Exhibit Water Office SPACE/LOCATION EXISTING LIGHTING SYSTEM PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room Ceiling Ceiling FIXTURES LAMPS Switch Control Retrofit Fixture 1 LAMPS Controls Name Name Type Type Height FC Format Qty Mtg Volt Qty Watts Type Type ID Code Qty Qty Watts Y/N Qty. Type 2ND FLOOR ENTRY H B 16 58-1-75 2 CH 120 1 75 T N P 2 4 32 N 0 N 2ND FLOOR ENTRY H B 16 58-1-75 60 CH 120 1 75 T N P 60 4 32 N 0 N 2ND FLOOR 2ND FLOOR 0 B 8 58-1-75 6 CH 120 1 75 T N AT 6 2 32 N 0 N 2ND FLOOR BREAK RM 0 P 8 24-4-34 4 S 120 4 34 T N D 4 3 32 N 0 N 2ND FLOOR MENS RR R P 8 W4-2-34 2 5 120 2 34 T N A 1 2 1 2 32 N 0 N 2ND FLOOR WOMENS RR R P 8 W4-2-34 1 5 120 2 34 T N A 1 2 32 N 0 N EXTERIOR REAR EXTERIOR EX P 10 14-2-34 3 5 120 2 34 T N A 3 2 32 N 0 N EXTERIOR REAR EXTERIOR EX P 12 14-2-34 15 5 120 2 34 T N A 15 2 32 N 0 N EXTERIOR SIDE EXTERIOR EX P 12 14-2-34 5 5 120 2 34 T N A 5 2 32 N 0 N ,u 34 3/19/99 Table A City of Huntington Beach Exhibit A Traffic Signals SPACE I LOCATION STING LIGHTING SY PROPOSED LIGHTING SYSTEM Building Floor/ Room No./ Room LAMPS Retrofit Fixture LAMPS Name Name Type Format Qty Qty Watts ID Code Qty Qty Watts FL RM RT EFF I EFQ ELQ I ELW PFF PFQ PLQ PLW TRAFFIC SIGNALS TRAFFIC SIGNALS EX I135/1 1400 1 135 TS 1400 1 10 u 35 3/19/99 CONTRACT BOND-CALIFORNIA Bond No.B257 90 71 Premium:$10,104.00 RELIANCE INSURANCE COMPANY HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA KNOW ALL MEN BY THESE PRESENTS That We, Pacific Enterprises Energy Services,dba Sempra Energy Solutions as Principal,and RELIANCE INSURANCE COMPANY, a corporation organized under the laws of the State of Pennsylvania,and duly authorized to transact business under the laws of the State of California as Surety,are held and firmly bound unto The City of Huntington Beach as obligee,in the just and full sum of Two Million Eight Hundred Eighty-Six Thousand Eight Hundred Ninety-Three and Noll 00ths-------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- ($2,886,893.00---------------)dollars,for the payment whereof will and truly to be made,said Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. The Condition of the foregoing obligation is such,that whereas,the above bounden Principal has entered into a contract of even date herewith,with the said obligee to do and perform the following work,to wit: Design,construction and testing for an energy retrofit project of facilities located with the CITY's geographic boundaries ("Proiect") as will more fully appear from said contract,reference to which is hereby made. Now,Therefore,if the above bounden Principal shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void,otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the obligee named herein. Signed and sealed this 20'" day of October A.D.,19 98 Pacific Enterprises Energy Services, WITNESS: dba Sempra-EnerRv Solutions _ By: a,.,�1/ee 4 -tonal Liadeli, Secretary Principal RELIANCE INSURANCE COMPANY By Debra J.Niemeye?,' Artomey-in-fact. BR 2801 ED,JUNE 1968(CALIF.) j - - State of California ) County of San Diego ) t On October 20. 1998 before me, Darci Lyn Dora, Notary Public, personally appeared.Debra J. Niemeyer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged tome.' that. she executed the same in her authorized capacity, and that by her signature on the instrument the person(s), or the entity upon behalf of which. ` .: the person acted, executed the instrument. } WITNESS my hand and official seal. DARCI LYN DORA c� COMM.#115663P NOTARY IENU COUNTY 'n wmmission ExpiresyIEPTEMBER •` 26,2001 i tna= .. . .- . RELIANCE SURETY COMPANY = RELIANCE_INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY . RELIANCE NATIONAL INDE"TY COMPANY ADMINISTRATIVE OFFICE,PHILADELPHIA;PENNSYLVANIA POWER OF ATTORNEY _x KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the Aaws^^-of the State of Del- aware, and that RELIANCE INSURANCE COMPANY-and UNITED PACIFIC INSURANCE COMPANY,are corporations duly.organized under the laws of the Commonwealth of Pennsylvania and thaf:RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly_=organized under the laws of the State of Wisconsin (herein collectively called "the_Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Debra J.Niemeyer,of Sao`Diego California their true and lawful Attorneys)-in-Fact;to make,=-execute;seal and deliver for i and on their behalf, and as their act and deed-any and all-bonds and undertakings of suretyship and to bind the Comparnes_:thereby as fully and to the same extent as if such bonds and undertakingsm;and_other writings obligatory in the nature thereof weresigned`by-an Executive Officer of the Companies and sealed.and attested by one other.ofsu ch'officers, and hereby ratifies and confirms.all that their said:Attorneys)-in-Fact may do in pursuance hereof. _ -_ >� This Power of Attorney is granted under and by the authority of Article VII of the'By Laws-.of RELIANCE,SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC;INSURANCE .COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect,.reading as follows .:' -;.• ARTICLE vIl-EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Dvectore'the President the Chairman of the Board;"any Semor_Vlce President any Vice President or:Assistant Vice President or other officer designated by the Board of ' Directors shall have power end a uthority ii (a►--appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of[he Company-bonds and undertakings,recognizances,contracts f indeinniry and other writings obligatory In the nature thereof,and(b)to remove any such Attorney(s1 6 Fact at any time and revoke thapower end•authoaty given to them. - _2. Attorneylsl-In-Fact shall have power-andauthonry,subject to the•tarms and limltahons of the Power Attorney issued to-them"to execute deliver on behalf of the Company,bonds and undertakings,recognizarxes,�contracts 6_Inde'mni •and other writings- - - - _ry gs obligatory in the nature thereof. The corporate seal(s not necessary for the validity of any bonds and undertakings, recognizances, :on of indein and other writings obligatory in the nature thereof. 3,�Attorney(s)-in Fact shall have power end authority to execute affidavits required to be-attatAed to bonds recogmzances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and-authority to certify the financial statementof-the Company and to copies of the By Laws-ot the Company or any article or section thereof _ t This Power of Attorney Is signed andsealed by,facsimile under and by authority of the following resolution adopted by the Executrva andFlnance,Committees of the Boards of Directors of Reliance�- ".- Insurance,Company, United Pacdic_Gsurance Company end Reliance Natl%onal_Indemnity.Company'by-Unanimous Consent dated as of February ;a,.1994 and by�the Executive and Financial Committee of the Board of Olrectors-of Reliance Surety Company by Unanimous Consent dated as of March-3./,1994 _ - _ _ - ,Resolved that the signatures of such-duectorsand officers andthe seal of the-Company may-be affixed to anysuch Power of Attorney or any certlflcates�:relating thereto by- _ 'facsimile,and any such-Power of Attorney or certificate bearing such,facsimile signatures or facsimile seal shall_be.valld.and_binding upon�the Company and any such Power so - executed and certified bytacslmlle signatures and facsimile seat shall be valid and=binding upon.the Company In the future-with respectto any bond or undertaking to which it la attached.' _ = _ IN WITNESS WHEREOF the Companies have caused these presents to be-sigried and their corporate seals.to be hereto affixed, this July 19 1996 _ RELIANCESURETY COMPANY RELIANCE INSURANCE COMPANY \. .rat• UNITED PACIMC INSURANCE COMPANY •••+.,w 9 �1r� ` e w •.+. RELIANCE NATIONAL INDEMNITY COMPANY ° MAIL ti aLAL r .out STATE OF Washington - } f COUNTY ORKing On_ihis July 19, 1996 before$ma;=Janet Blankley, personally appeared Mak W. Alsup who.acknowledged himself to be the' Vice President of the Relfance'Surety Company and=the.Vice President of Reliance lnsurance Company United Pacific,Insurance':Company and Reliance Natlonal Indemnity Company andthat as such=being authorized.to do so executed"the foregoing instrument°-for the purpose therein contained bysignmg the-name.ofthe corporation by h mself as its duly authorized officer �.151 n witness whereof, I hereunto set by hand and official seal ` JV�sto•Lp,�� : NOTA -PUBLIC em s, n r UP 12-2937 02 ' 4lFt7i AS�R�' No ry Public in and for the State.of Was ngton ding+at Puyallup; - - - Robyn Layng, Assistant Secretary=of RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURA CE COMP ANY and-RELIANCE NATIONA04NDEMNITY;COMPANY:do'hereby certify thatthe above and.foregoing Is a true and_correct copy of the Power )f AttorneyTezecuted by said Companies which is still in full,force and effect:- „' 3\ ,V WITNESS WHEREOF I have hereunto set'my hand and affixed the seals`of said Companies s 20TH day of :`OCTOBER 19 98 •�N atAL ,q•� Assistant Secreta RELIANCE INSURANCE COMPANY HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA Bond No.B257 90 71 Premium:Included in Performance Bond PAYMENT BOND CALIFORNIA-PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS,that Pacific Enterprises Energy Services,dba Sempra Energy 1 Solutions as Principal,and the RELIANCE INSURANCE COMPANY,a Pennsylvania corporation authorized to execute bonds in the State of California,as Surety,are held and firmly bound unto The City of Huntington Beach as Obligee,in the sum of Two Million Eight Hundred Eighty-Six Thousand Eight Hundred Ninety-Three and No/100ths----------------------------------------------------------------------------------------------------------------------------------------- -----------------------------------------------------------------------------------------------------------Dollars($2,886,893.00-------------) for which sum we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally by these presents. The Condition of the above obligation is such that,Whereas the Principal on the day of 19 ,entered into a contract with the Obligee for Design,construction and testing for an energy retrofit project of facilities located with the CITY'S geographic boundaries ("Project") NOW,THEREFORE,if the original contractor or his subcontractor fails to pay any of the persons named in Section 3181,or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract,or for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractor pursuant to Section 13020 of the Unemployment Insurance Code,with respect to such work and labor that the surety will pay for the same,in an amount not exceeding the sum specified in the bond,and also,in case suit is brought upon the bond,a reasonable attorney's fee,to be fixed by the court. This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181 of the Civil Code of the State of California,so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed and sealed this 20th day of October 19 98 Pacific Enterprises Energy Services, dba Seemp^ra,Energy Solutions Donald C. Liddell, Secretary 941wl RELIANCE INSURANCE COMPANY By Debra J.Niemeye ttorney-in-Fact BDR-2804 ED.7/83 (CALIF.) State of.California County of San Diego ) On October 20, 1998 before me, Darci Lin Dora, Notary Public, personally:: appeared Debra J. Niemeyer, personally -known to me to be the persona . whose name is subscribed to the within instrument and acknowledged to = that she executed the same in her authorized capacity, and that by her , signature on the instrument the person(s), or the entity upon behalf of which_ the person acted, executed the instrument. WITNESS my hand and official seal. DARCI LYN DORA comm.#1156632 c7 C NOTARY PUBL"AL FORMA:y SAN DIEGO COUNTY n ' V W' '" W Commission Expires SEPTEMBER 26,2001 IT611I I • . - . • • RELIANCE SURETY COMPANY RELIANCE:INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA <:POWER OF ATTORNEY:" _ KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE-COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that:RELIANCE NATIONAL INDEMNITY.COMPANY is a corporation duly organized,under the laws of the State of Wisconsin (herein collectively called"`the-Companies') and that the Companies by virtue of,signature-and,seals do hereby make, constitute and appoint Debra J. Niemeyer,of_San=Diego,.,z.California their true and lawful Attorneys) in-Fact;ao make;<execute;."seal and deliver for and on their.behalf,.:and as their act and deed1my and 611,'bonds and undertakings of suretyship and to bind the Companies thereby as,fully and to the same extent as if.such bonds and undertakings andother writings obligatory in the nature thereof were signed by an-Executive Officer of the Companies and.sealed and attested by"one,other;of such officers, and hereby n ratifies and confirms all that the said Attorney(s)-in-Fact.may do in pursuance hereof..:. This Power. of Attorney .Is granted under and'by the authority"of Article"VII of the By-Laws.of RELIANCE SURETY,COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE"COMPANY, and RELIANCE.NATIONAL INDEMNITY=COMPANY which provisions.are now'in full force:and effect,reading as follows: ARTICLE VII_-EXECUTION OF BONDS AND UNDERTAKINGS ` 1. The Board of Directors the President the Chairman of the Board;any Senior.Vice President any Vice President or Assistant Vice-President or,other officer designated by the Board of Directors shall have power and�authonty to(a►ippoint Attorney(s)-in-Fact and to authorize them to execute-o i behalf of tha,Company.bonds and"undertakings,recognizances,contracts of Indemnity -_ _ -- and other writings obligatory!I.n_a[ure thereof,and;I­to remove any such Attorneys!-in-Fact at any time end revoke the-power and authorrtygiJall to them. .2. Attomeylsl-in Fact shall have power and authority,subject to the [arms and iennaoons of the Power of`Attorney Issued to them to execute deliver on behalf of the Company,bonds ... and undertakings;recognizances contracts of indemnity and`other writings obligatory in the nature:thereof. The corporate=seal-Is-not necessary.torthe.vetidity of any bonds and undertakings, recognizances,contracts-of indemnity and other writings obligatory in the nature thereof. 3. Attorney(sj-In Fact shall have power and authority to execute affidavits required to be=attached to bonds reco9nizanoes contracts of indemnity or other conditional or obligatory and authority to'certify the financial statement of the Company and to copies of;ttie By Laws of the-Company or:any article or section thereof. undertakings and they shall also have-power - This Power of Attorney Is signed and sealed by facsimile under and by authority of the foilowmg resolution adopted by the Executive and Flnance Committees of the Boards of Directors of Reliance Insurance Company;United Padflc Insurance a' and Reliance National Indemnity Company�by Unanimous-Consent dated as-of February-28,-1994 and by the-Executive and Financial Committee of the Board of Directors of Reliance_Surety-Company by Unanimous Consent dated as of fdareh 31,1994 = _ _- y -Resolved-that,the signatures of such directors and officers and the seal of the Company-may be affixed to any-such Power of Attorney or any certificates relating thereto by . .,.--..: .. facsimile,and any�such.Power of,Attorney,orcertificate bearing4uch facsimile signatures or:facsimile seal shall-be-valid and;binding-upon-the Company and any such Power so executed and certified byfacsimde slgneturesand_facsimile seal shall be valid and Gndmg-upon the.Company m-the future with respect�to any bond or undertaking to which it Is - - attached = _ - ` IN WITNESS WHEREOF :the Companies have caused these presents to be.signed and their corporate seals to be hereto affixed, this July 19, 1996. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY a „ ..r�••q, UNITED PACIFIC INSURANCE COMPANY �,`��>o+.�• +f�re�� � Er RELIANCE NATIONAL INDEMNITY COMPANY 3 i� !r sr.►i SLALw� -� n•e! -_ _. LA STATE OF Washington COUNTY OF King } ss On Lhls July 19 1996 before me"'Janet Blankley, personally appeared Ma?k W Alsup who acknowledged"himself to be the VIct3 President of the Reliance_Surety Company and=the Vice Presidentof Reliance Insurance_Company United Pacffiti Insurance Company, and;Relian. -National Indemnity Company and;that as such being authorized-to do so, executed the foregoing instrument for the'purp Die.therein contained-by signing the name of the corporation by himself as its duly authorized officer= = r In-witness w erectf, 1 here to set my hand,and official seal.. NOTAR.r .4 } a z _ = PUBLIC - - `:i 12 294 e= q�FOFWA.S�� ~ aRe d rig atlPuyallup for the State of Was ngton Sir - -�-- •. _ - - _ 1 .Robyn Layng Assist nt Secretary of"RELIANCE SURETY;COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURA CE"COMP ANY anil_RELIANCE NATIONAL INOEMNITY.COMPANY do hereby certlfy_tF at3the above and foregoing`ts aarue and correct copy of the Power of_Attorney executed by said Companies,which is still in full force and effect. IN WITNESS WHEREOF I have hereunto"set my hand and affixed the seals of said Companies s _2OTH day of 'OGTOBER 1998 •.o• r� , . SZA A. StA CA _ ..� tq• F Assistant Secretary 4taw�a •!• h•f��C '')" WARRANTY BOND Bond No. B257 90 71 Premium: Included in Performance Bond RELIANCE INSURANCE COMPANY HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA KNOW ALL MEN BY THESE PRESENTS,that we Pacific Enterprises Energy Services,dba Sempra Energy Solutions as Principal,and RELIANCE INSURANCE COMPANY,a Pennsylvania corporation,as Surety,are held and firmly bound unto The City of Huntington Beach as Obligee,in the full and just sum of Two Million Eight Hundred Eighty-Six Thousand Eight Hundred Ninety-Three and No/100ths---------------------------------------------------------------------------------------------Dollars($2,886,893.00-------------------). For the payment of which sum,well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the said Principal entered into a contract with The City of Huntington Beach dated for design,construction and testing for an energy retrofit project of facilities located with the CITY's geographic boundaries("Project"). WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One year(s)after approval of the final estimate on said job,by the owner,against all defects in workmanship and materials which may become apparent during said period,and NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if within One year(s)from the date of approval of said contract,the work done under the terms of said contract shall disclose poor workmanship in the execution of said work,and the carrying out of the terms of said contract,or it shall appear that defective materials were furnished thereunder,then this obligation shall remain in full force and virtue,otherwise this instrument shall be void. PROVIDED HOWEVER,this Warranty Bond is only furnished in accordance with the warranty provision of the underlying contract. Signed and sealed this 20th day of October 19 98 . Pacific Enterprises Energy Services, Witness: dba Sempra Enerev Solutions Donald C. Liddell, Secretary o"_n2 Principal ..,..-. J RELIANCE INSURANCE COMPANY By Debra J.Niemeyer, ttorney-in-Fact BDR-2308 ED. 12/82 State of California ) - County of San Diego ) 1 On October 20. 1998 before me, Darci Lyn Dora, NoIM Public, personally ..:,: . j appeared Debra J. Niemeyer, personally` known to me to be the person whose name is subscribed to the within instrument and acknowledged to that she executed the same in her authorized capacity, and that by Mr.'. signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. " C MCI LYN DORA. Q M:t1115663Q o NOTARY PUBLI X'41 ORNUI H SAN DIEGO COUNTY :n:•_ My i:ommfscion Expires' "+ SEPTEMBER 28,2001 RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY i ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY j KNOW ALL MEN BY THESE. PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Debra J.Niemeyer,of San Diego, California their true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorneyls)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors;the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to la)appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory In the nature thereof,and(b)to remove any such Attorneys)-In-Fact at any time and revoke the power and authority given to them. 2. Attorney(sl-in-Fact shall have power and authority,subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company,bonds and undertakings• recognixencea,contracts of Indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognlzances,contracts of Indemnity and other writings obligatory in the nature thereof. - 3. Attorneyfs)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to cool"of the By-Laws of the Company or any article or section thereof. This Power of Attomey Is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28. 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31.1994. 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates 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, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19, 1996. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY R r� �•'"+rt► UNITED PACIFIC INSURANCE COMPANY �•+d•,,°� .rs�� J ►.. RELIANCE NATIONAL INDEMNITY COMPANY ` S44 aL40 f+ar r s !r ram. I � 111• �•fOM� - STATE OF Washington } COUNTY OF King } SS. On this, July 19, 1996, before me,Janet Blankley, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United.Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. B n witness whereof, I hereunto set my hand and official seal. +�4�ti �QF'NOTARY'r -� Y PUBLIC trr '122997 0= 4,F�FNIAS�� � Nothry Public in and for the State of Was ngton Re ding at Puyallup Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY,`RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURA CE COMP: XNY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power. if Attorney executed by said Companies, which is still in full force and effect. V WITNESS WHEREOF,I have hereunto set my hand and affixed the seals of said Companies s 20TH day of OCTOBER 19 98 e�0 4.� � � ff/pf �`••he 4i 3 •' "SEa`L� W suL � } s .... • 6uL �••�r Assistant Secretary .sw►� �,.,r1' 1 rate � fM` - Cost Savings Summary SAVINGS *Billing Dates Location Due to Retrofit Due to 1-6 Total Savings Aug-95 Jul-96 Library $35,972.00 Aug-95 Jul-96 Civic Center $91,539.00 $127,511.00 Aug-96 Jul-98 Library $57,580.00 $107,141.00 Aug-96 Jul-98 Civic Center $146,462.00 $164,617.00 $475,800.00 Aug-98 Feb-99 Library $14,380.00 $26,785.00 Aug-98 Feb-99 Civic Center $36,615.00 $41,154.00 $118,934.00 Totals $382,548.00 $339,697.00 $722,245.00 * It should be noted that the billing cycles are for a two year period. This table includes applicable dates for the Civic Center and Library Projects. projlisM.sm 1 REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: ATTACHMENT 3 Letter of Confirmation RCA msc-352.doc -7- 03/25/99 4:16 PM IyAP,-19-199a 10:4-5 ENERGY EFFICIENCY DIV. 915 6-54 4304 =.01 STATE OF CALIFORNIA—THE RESOURCES AGENCY GRAY DAVIS. Governor CALIFORNIA ENERGY COMMISSION 1516 NINTH STREET SACRAMENTO. CA 95814-5612 March 15, 1999 Mr. David Cook Department of Public Works City cf Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Cook: This letter is to confirm our conversation on March 11, 1999, concerning the use of an energy efficiency loan'for the HVAC and control project.at the City of Huntington Beach's Civic Center buiidings. The State loan (#607-000-EPP) is for the installation of an energy management control system and a variable speed pump project. The City can use the remaining funds for other HVAC related projects because the energy savings are high enough to justify the use of the entire loan. As I indicated to you in our telephone conversation that the energy loan was expired in June 1997. The City needs to send a letter to our Grants and Loans Office to request for a loan extension. We can not process your project invoice until the loan extension has been approved. I also would like to confirm that the deadline for this energy loan is December 31, 1999. The City needs to send in all the invoices for the HVAC and control project by the end of the year. Otherwise, the City needs to apply for a new loan. If you have any questions regarding this matter, please contact me at 1916) 654-4026. Sincerely, J JOSEPH WANG Energy 'Efficiency Division cc: Virginia Lew, CEC Arlene Winter, Grants and Loans, CEC TOTAL F.01 REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: ATTACHMENT 4 Fiscal Impact Statement RCA msc-352.doc -8- 03125199 4:22 PM J CITY OF HUNTINGTON BEACH ' INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 98-23 Motion to Approve Retrofit Agreement with Sempra Energy solutions and the Authorization to Appropriate $796,000 Date: March 10, 1999 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Motion to Approve Retrofit Agreement with Sempra Energy solutions and the Authorization to Appropriate $796,000." If the City Council approves this action, (total appropriation $796,000), there will be no net effect on the estimated unappropriated, undesignated Capital Improvement Fund Balance at September 30, 1999 because the amount will be reimbursable by a state loan. The repayments will not occur until next fiscal year. J n Reekstin, Director of Administrative Services RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: APPROVE ENERGY RETROFIT PROGRAM (PHASE 1) MSC 352 COUNCIL MEETING DATE: April 5, 1999 W 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) Attached Financial Impact Statement (Unbudget, 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 EXPLANATION..FOR MISSING,ATTACHMENTS REVIEWED RETURNED ' FOR ED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM. Only)(Below Space For City Clerk's Use RCA Author: Robert F. Beardsley/Donald Noble I 0'ITY OF HUNTINGTON BEA( MEETING DATE: November 2, 1998 J DEPARTMENT ID NUMBER: PW98-38 v-91 /o Council/Agency Meeting Held: I Deferred/Continued to: O'Approved Q Conditionally Appr ,ved ❑ Denied 6-04 i '&Ou -y C lerk'_ s Signature Council Meeting Date: November 2, 1998 Department ID Number: PW9V8 APPRO✓e., Tffo 40VeA A&eGi a e�'i a OF HUNTINGTON BEACH o eoNeePr no /¢eer• �ieoPar� R �6� �e> REQUEST FOR ACTION - - 4roreemenT W117t -S PRA ,Er1eCQY JYSTe�S.SUBMITTED TO:TO: HONORABLE MAYOR AND CITY COUNCIL SUB ED BY: RAY SILVER, CITY ADMINISTRATORfM cJ, REPAIRED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC O ROBERT J. FRANZ, DEPUTY CITY ADMINISTRA SUBJECT: APPROVE ENERGY EFFICIENT EQUIP161ENT RETROFIT PROGRAM Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: An energy audit conducted for the City of Huntington Beach by Sempra Energy Solutions has revealed that substantial cost savings may be realized though an energy efficient equipment retrofit program. Funding Source: The retrofit work will be funded through a loan of $2,886,893 from the General Electric Capital Public Finance Corporation (GECPF, Inc.) at 4.68% interest, to be repaid semi- annually over twelve (12) years from the annual energy cost savings of $344,094 per year derived from the program. The first semi-annual payment of $167,481.30 will be due twelve (12) months after the loan is made with subsequent payments to be made in accordance with the attached Payment Schedule. A total of 23 payments are to be made. Recommended Actions: ju 1. Authorize the for of Finance to obtain a loan of$2,886,893 from GECPF, Inc., under the terms described a 2. Approve the attached design/build a ment with Sempra Energy Systems to undertake the retrofit project. 98RCA38.DOC -2- 10/27/98 11:07 AM / • REQUEST FOR ACTION • MEETING DATE: November 2, 1998 DEPARTMENT ID NUMBER: PW98-38 Alternative Action: Reject the Recommended Actions, forgo a net savings projected at $344,094 per year, and terminate the existing contract with Sempra Energy Solutions by paying the firm a fee of $46,480 for the study/analysis. (This fee could be eligible for reimbursement from the State Energy Grant now on deposit.) Analysis: For several years, staff has been aware of the need to retrofit outdated'and deteriorating City energy systems to increase efficiency and conserve energy. Three years ago, the City Council approved energy efficiency improvements at the Civic Center and Central Library facilities. This "first phase" was comprised of an extensive lighting retrofit in both facilities, which was successfully implemented with excellent results. In the three years since Phase I was conceived, the City has realized that substantial energy cost savings could be achieved from the continued development of an energy efficient equipment retrofit program. This proposed "second phase" would include both heating and air conditioning systems at the Civic Center and Central Library, and the lighting, heating and air conditioning systems at forty (40) other City facilities, as identified in the consultant's report. On March 16, 1998, the City Council approved the commission of an energy conservation study/analysis of City buildings. This study has been completed with six recommendations made as follows: 1. Perform lighting retrofit work at forty (40) City facilities that are not utilizing the most efficient equipment (T-8 lamps and electronic ballasts). 2. Retrofit air distribution systems in the Central Library and at the Civic Center to Variable Air Volume (VAV) systems. 3. Replace existing motors with Premium Efficiency Motors. 4. Replace chillers in the Civic Center. 5. Select and replace low-efficiency rooftop air conditioning units with high energy efficiency ratio (EER) rated equipment at the City Maintenance Yard. 6. Install a modern, direct digital control heating and air conditioning system in both the Central Library and at the Civic Center. The report noted that these measures will require some capital investment, but will have a relatively short payback period. Table 1 below illustrates the Energy Conservation Measures 98RCA38.DOC -3- 10/27/98 8:47 AM REQUEST FOR ACTION MEETING DATE: November 2, 1998 DEPARTMENT ID NUMBER: PW98-38 (ECM's). It projects an annual saving of .$344,094 set against an estimated cost of $2,886,893 for all improvements, resulting in a simple payback period of 8.4 years. Funding for the project will be obtained from GECPF under the terms noted above, and be repaid from the savings generated from the improvements. The objective of this mechanism is to allow the City to make the improvements with no actual out-of-pocket costs. A loan period of twelve (12) years was selected to ensure this occurs; but repayment may be accelerated if savings exceed expectations. ile�'l m av# Re . Energy Annual Estimated Simple Conservation Savings Cost Payback Measures / ear ears City-Wide Lighting 48,207 303,912 HVAC work in Civic Center 170,070 1,227,079 HVAC work in Central Library 67,217 305,221 DDC in Civic Center & Central Library 50,000 770,803 HVAC work at Maintenance Yard 3,600 106,847 HVAC.work in Fire Sta/Rec Facilities 2,000 173,031 Avoided Maintenance Cost Savings 3,000 344,094 2,886,893 8.4 Although the initial loan will be repaid within twelve (12) years, savings generated from the project will continue for some 20 to 25 years into the future. The project will be divided into three phases (lighting retrofit, mechanical systems, and facility management) and will be completed within one year from the Notice to Proceed. Environmental Status: N/A Attachment(s): City Clerk's • - Number No. Description 1. Contract. 2. Certificate of Insurance. 3. Contract Bonds. 4. Letter of Loan Commitment with Repayment Schedule. RCA Author: Donald R. Noble 98RCA38.DOC -4- 10/27/98 8:47 AM DESIGN/BUILD AGREEMENT TABLE OF CONTENTS Page(s) ARTICLE 1 WORK STATEMENT.....................................................................1 ARTICLE 2 CONTRACT DOCUMENTS ............................................................2 ARTICLE 3 CITY'S DUTIES AND RESPONSIBILITIES ........................................3 ARTICLE 4 TIME OF PERFORMANCE.............................................................4 ARTICLE 5 CONTRACT PRICE.......................................................................6 ARTICLE 6 PAYMENT AND COMPLETION......................................................6 ARTICLE 7 PROJECT DOCUMENTS.............................................................. 10 ARTICLE 8 DESIGN/BUILDER REPRESENTATIONS AND RESPONSIBILITIES ..... 10 ARTICLE 9 DESIGN PHASE SERVICES.......................................................... 12 ARTICLE 10 CONSTRUCTION PHASE SERVICES............................................... 13 ARTICLE 11 OPERATIONAL PHASE ............................................................... 15 ARTICLE 12 SUBCONTRACTORS SUPPLIERS AND OTHERS ............................. 15 ARTICLE13 BONDS ...................................................................................... 16 ARTICLE 14 INDEMNIFICATION.................................................................... 17 ARTICLE 15 INSURANCE.............................................................................. 18 ARTICLE 16 PATENT FEES AND ROYALTIES.................................................. 20 ARTICLE 17 PERMITS .................................................................................. 20 ARTICLE 18 LAWS AND REGULATIONS......................................................... 21 ARTICLE 19 TAXES ............................................... .... 21 ARTICLE 20 USE OF SITE AND OTHER AREAS................................................ .............................................. ARTICLE 21 SAFETY AND PROTECTION...............................................................22 i ARTICLE 22 ENVIRONMENTAL HAZARDS............................................................23 ARTICLE23 EMERGENCIES.......................................................................... 23 ARTICLE 24 SUBMITTALS ............................................................................ 24 ARTICLE 25 CONTINUING THE WORK........................................................... 24 ARTICLE 26 DESIGN/BUILDER'S GENERAL WARRANTY AND GUARANTEE ...... 24 ARTICLE 27 PREVAILING WAGE.....................................................................................27 ARTICLE 28 CHANGES IN THE WORK AND CLAIMS........................................ 27 ARTICLE 29 TESTS AND INSPECTIONS CORRECTION, REMOVAL..................... 28 OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION ARTICLE 30 INDEPENDENT DESIGN/BUILDER ............................................... 32 ARTICLE 31 TERMINATION OF AGREEMENT ................................................. 32 ARTICLE 32 DISPUTE RESOLUTION............................................................... 33 ARTICLE 33 ASSIGNMENT AND SUBCONTRACTING ....................................... 33 ARTICLE 34 COPYRIGHTS/PATENTS.............................................................. 33 ARTICLE 35 CITY EMPLOYEES AND OFFICIALS ............................................. 33 ARTICLE 36 NOTICES .................................................................................. 33 ARTICLE 37 CAPTIONS ................................................................................ 34 ARTICLE 38 IMMIGRATION.......................................................................... 34 ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED ...................... 34 ARTICLE 40 ATTORNEY'S FEES.................................................................... 34 ARTICLE 41 SEVERABILITY.......................................................................... 35 ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED .................... 35 ii DESIGNBUILD AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SEMPRA ENERGY �� 5 SOLUTIONS FOR ENERGY RETROFIT PROJECT THIS DESIGNBUILD AGREEMENT (the "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 PACIFIC ENTERPRISE ENERGY SERVICES, dba SEMPRA ENERGY SOLUTIONS, a limited liability corporation with General Contractor's License No. 727662, hereinafter referred to as "DESIGNBUILDER:" Hereinafter, the CITY and the DESIGNBUILDER may be referred to collectively as the "Parties". RECITALS: WHEREAS, CITY desires to obtain services for the design, construction and testing for the energy retrofit project of facilities located within the CITY's geographic boundaries ("Project"), WHEREAS, the CITY issued a Request For Qualifications for the Project on February 1996 ("RFQ"), and WHEREAS, DESIGNBUILDER submitted a proposal to CITY on September 10, 1998 ("Proposal"), and WHEREAS, based upon the evaluation criteria and competitive selection procedure established by the CITY, DESIGNBUILDER has been selected to perform, either directly or pursuant to Subcontracts, the design, engineering and construction services set forth in this Agreement and the "Contract Documents" referred to in paragraph 2.01. NOW, THEREFORE, it is agreed by CITY and DESIGNBUILDER as follows: ARTICLE 1 WORK STATEMENT 1.01 Services Provided. The "Work" is the scope of services to be performed and/or provided by DESIGN/BUILDER pursuant to and as required by all Contract Documents in connection with the Project, including, but not limited to, the requirements set forth in the Contract Documents and in accordance with all applicable laws. DESIGNBUILDER shall design, engineer, procure, construct, deliver, erect, commission, start-up, test and complete the Project, consisting of all necessary material, labor, supervision, machinery, equipment, cranes, facilities, tools, supplies and structures including those services and materials reasonably inferable from the Contract Documents and reasonably necessary to produce the completion of the Work in a timely manner even though no mention thereof is made in the Contract Documents. The Work will be performed at the facilities listed on Schedule 1, which is attached to this Agreement and these facilities shall be referred to collectively in this Agreement as the "Site." 1 j mp/k/g:agree/sempra 1/10/19/98 1.02 Responsibilities. DESIGNBUILDER's responsibilities, as further described in the Contract Documents include,but are not limited to, the following tasks: A. Preparation of conceptual plan, which was satisfied previously by the completion of DESIGN/BUILDER'S Proposal and DESIGN/BUILDER'S Energy Audit and Analysis Report; B. Assisting the CITY with any applicable CEQA and Design Review Board requirements; C. Securing of all permits and approvals from governing agencies, including the City of Huntington Beach Community Development Department and the California Coastal Commission; D. Preparation of Construction Documents; E. Construction of the Project; and F. Operational testing of the Project. 103. Representative. DESIGN/BUILDER hereby designates Len Pettis, an individual, who shall represent DESIGN/BUILDER and be its sole contact and agent in all consultations with CITY during the performance of this Agreement unless and until a replacement representative is mutually agreed upon. 104. Work Phases. The Work will be divided into three "Phases": (a) Lighting Retrofit Phase, (b) Mechanical Systems Phase, and (c) Facility Management System Phase. The scope of Work for each phase is based on DESIGN/BUILDER'S Energy Analysis and Audit Report and is attached hereto as Exhibit "A." ARTICLE 2 CONTRACT DOCUMENTS 2.01 Included Documents. The "Contract Documents" shall consist of the following documents, all of which are either attached hereto as Exhibits or are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein: A. This Agreement, assigned by the Parties and effective as of the date first written above, as it may be amended from time to time. B. The RFP, incorporated by reference; C. The DESIGN/BUILDER'S Proposal, including any listed personal property to be installed and the documents related thereto, incorporated by reference; 2 imp/k/g:agree/sempra 1/10/19/98 D. The Faithful performance bond attached hereto as Exhibit B; E. The Payment Bond attached hereto as Exhibit C; F. The Warranty Bond attached hereto as Exhibit D; G. Construction Documents, including mutually agreed specifications and schedules upon approval by CITY in accordance with 9.02 and 9.03 herein. 2.03 Conflicts. Should there be any conflict between the terms of this Agreement and any of the documents listed in 2.01 as B through G (2.01 A in this Agreement), then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of any of the documents which is in conflict herewith. 2.04 Complete Understanding. This Agreement, together with all other Contract Documents sets forth the entire. understanding between the Parties hereto and all other representations or statements heretofore made, verbal or written, are merged herein. This Agreement and the terms of the Work may be amended only by written modification executed by duly authorized representatives of each of the Parties hereto or according to the Change Order procedure set forth herein. ARTICLE 3 CITY'S DUTIES AND RESPONSIBILITIES 3.01 CITY Designation of Authorized Representative. The CITY_shall designate, from time to time, one or more representatives authorized to act on the CITY's behalf with respect to the Project. Such representatives shall act in such capacity until replaced by notice to DESIGN/BUILDER. 3.02 CITY's Right To Award Separate Contracts. The CITY reserves the right to perform Work or operations related to the Project, with.the CITY's own forces, and to award separate contracts in connection with the Project. 3.03 CITY's Right To Stop The Work. If the DESIGN/BUILDER fails to correct defective Work as required herein, or persistently fails to carry out the Work in accordance with the Contract Documents, the CITY may, in its sole discretion, elect to order the DESIGN/BUILDER to stop the Work, or any portion thereof until .the CITY reasonably determines that the cause for such order has been eliminated. The CITY's right to stop the Work is in addition to the CITY's right to terminate set forth herein. 3.04 CITY's Right To Carry Out The Work. If the DESIGN/BUILDER defaults and neglects to carry out the Work in accordance with the Contract Documents or fails to perform any of its obligations under the Contract Documents, the CITY may, after forty-eight (48) hours written notice to the DESIGN/BUILDER, and without prejudice to any other 3 jmp/k/g:agree/sempra 1/10/19/98 remedy the CITY may have, make good such deficiencies. In such case, an appropriate Change Order shall be issued deducting from the payments then or thereafter due the DESIGN/BUILDER the cost of correcting such deficiencies. If the payments then or thereafter due the DESIGN/BUILDER are not sufficient to cover such amount, the DESIGN/BUILDER shall pay the difference to the CITY within thirty (30) days of written demand from the CITY. 3.04. Reasonable Access. City shall allow DESIGN/BUILDER reasonable access to the Site during regular business hours, or such other reasonable hours as are requested by DESIGN/BUILDER. CITY shall also not unreasonably interfere with DESIGN/BUILDER'S operations at the Site or cause damage or interruption to its operations. DESIGN/BUILDER shall abide by CITY's general rules applying to visitors to the Site, including all safety and security rules; provided, however, DESIGN/BUILDER shall promptly modify CITY if it reasonably believes that such rules are interfering with the Work, and representatives of the Parties shall meet promptly thereafter to discuss what adjustments, if any, are necessary, including, if appropriate, adjustment to Schedules established under 4.02. 3.05. Furnishing Site Records. CITY shall, during its regular business hours, make available to DESIGN/BUILDER all records and data regarding energy usage at the Site, including utility records, occupancy information, descriptions of changes in the structure of buildings of its heating, cooling, lighting or other systems and descriptions of all energy management procedures in effect. ARTICLE 4 TIME OF PERFORMANCE 4.01 Contract Time. Time is of the essence of this Agreement. By executing this Agreement, DESIGN/BUILDER confirms that. the "Contract Time," which is defined as the period from the date of DESIGN/BUILDER'S receipt of a Notice to Proceed through the last date in the period of time fixed by the CITY in its Certificate of Substantial Completion, is a reasonable period for performing the Work, subject to the adjustments thereof contemplated in this Agreement or as otherwise mutually agreed. DESIGN/BUILDER agrees to commence Work immediately upon receipt of a written Notice to Proceed issued by the CITY, to continue performance of the Work in a diligent workmanlike manner, to achieve Substantial Completion of the Work within 365 calendar days after the date of issuance of the Notice to Proceed and to use all reasonable efforts to achieve final completion of the Work within the time fixed by the CITY in its Certificate of Substantial Completion. Except as provided in 4.03, the Contract Time may be extended only with the written permission of the CITY. 4.02 Schedules. The planning, design, construction and completion of the Project shall be undertaken and completed in accordance with the "Project Schedule" to be provided to by DESIGN/BUILDER to the CITY within ten (10) days after issuance of the Notice to Proceed. The Project Schedule shall outline major design and construction activities, their sequences and elapsed completion times for each of the Phases of the Project from the date of the Notice to Proceed. The Project Schedule shall be updated as appropriate, throughout the 4 jmp/k/g:agree/sempra 1/10/19/98 continuance of the Work. The Project Schedule may be amended to benefit the Project if mutually agreed by the CITY and DESIGN/BUILDER in writing. 4.03 Delays and Extensions of Time. A. If the DESIGN/BUILDER is delayed in the progress of the Work by acts or neglect of the CITY, CITY's employees, separate contractors employed by the CITY, changes ordered in the Work not caused by the fault of DESIGN/BUILDER or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties, or other causes beyond the DESIGN/BUILDER's control, then the Date of Substantial Completion shall be extended for a period equal to the length of such delay if, within ten (10) calendar days after the beginning of any such delay, the DESIGN/BUILDER delivers to the CITY a request for extension for such delay and such request is approved by the CITY. CITY's approval of such request shall not be unreasonably withheld. B. An extension of time shall be the DESIGN/BUILDER'S sole remedy for any such delay unless the same shall have been caused by acts constituting intentional interference by the CITY with the DESIGN/BUILDER's . performance of the Work where such acts continue :after the DESIGN/BUILDER'S written notice to the CITY of such interference. In the event the DESIGN/BUILDER's work has been delayed by acts constituting intentional interference by the CITY, the DESIGN/BUILDER shall be entitled to reimbursement for its reasonable additional costs resulting from such delays but not for any additional profit or overhead. 4.04 Liquidated Damages. DESIGN/BUILDER and CITY recognize that time is of the essence of this Agreement and that CITY will suffer substantial economic damage if the Work is not completed within the times specified hereinabove, plus any extensions thereof allowed in accordance with this Agreement. The Parties also recognize the extent of such damages shall be incapable of accurate measurement. Nonetheless, the Parties acknowledge that on the date of this Agreement, the amount of liquidated damages set forth below represents a good faith estimate as to the actual potential damages that the CITY would incur as a result of late Substantial Completion of the Project. The amount of the liquidated damages calculated hereunder dues not include any penalty. 4.05 Amount of Liquidated Damages. If the DESIGN/BUILDER fails to achieve Substantial Completion of the Work on or before the date specified hereinabove, DESIGN/BUILDER and its surety shall pay to the CITY liquidated damages in the amount of Two Hundred and Fifty Dollars ($250.00) per day for each day the date of Substantial Completion is delayed beyond the date set forth in this Agreement. It is further mutually understood and agreed between CITY and DESIGN/BUILDER that the sums of liquidated damages set forth above are additive for each and every day of delay in the event that Substantial Completion is so exceeded. It is further understood and agreed upon by and 5 i mp/IJg:agree/se mp ra l/10/19/98 between CITY and DESIGN/BUILDER that liquidated damages may be assessed against progress payments or retainage and that CITY will issue a deductive Change Order for the amount specified herein and will reduce the Contract Price accordingly. In the event the remaining, unpaid Contract Price is insufficient to cover the full amount of assessed liquidated damages, DESIGN/BUILDER or its surety shall pay the difference to CITY on.demand. This paragraph shall not limit the CITY's ability to seek and obtain additional legal remedies or damages that result from breaches of the Contract Documents by the DESIGN/BUILDER, other than those caused by delay in achieving Substantial Completion. ARTICLE 5 CONTRACT PRICE 5.01 Lump Sum Contract Price. In consideration of DESIGN/BUILDER's performance of the Work described herein, CITY agrees to pay DESIGN/BUILDER the Lump Sum Contract Price of: Two Million, Eight Hundred, Eighty Six Thousand, Eight Hundred Ninety Three Dollars ($2,886,893.00) "Contract Price" in accordance with the payment procedures set forth in Article 6 herein. Except as otherwise provided in the Contract Documents, or as to any additional payments specified herein. The Contract Price will fully compensate DESIGN/BUILDER for all Work required by the Contract Documents. 502. Energy Savings Disclaimer. The Parties understand and agree. that DESIGN/BUILDER does not control the operating hours of the Equipment or the operating hours of the Sites or their maintenance. Accordingly, notwithstanding any other provision hereof or the Contract Documents, CITY shall have no recourse against DESIGN/BUILDER for any claims, damages or other remedies with respect to the actual energy savings achieved by the Project, or any Phase thereof. ARTICLE 6 PAYMENT AND COMPLETION 6.01 Schedule of Values. Before submitting the first Application for Payment, and within ten (10) calendar days after CITY's issuance of the Notice to Proceed, the DESIGN/BUILDER shall prepare and submit to the CITY for review a "Schedule of Values," setting forth quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during performance each of the three Phases of the Work. Such prices will include all overhead and profit applicable to each identifiable item of Work. The Schedule of Values, as agreed to by the CITY, shall be used.as a guide for payment under this Agreement. 6 j mp/k/g:agree/sempra I/10/19/98 6.02 Application For Payment. A.. The DESIGN/BUILDER shall deliver to the CITY on the tenth day of each month, an Application for Payment covering the Work performed during such month. The Application for Payment shall constitute a representation by the DESIGN/BUILDER to the CITY that, the Work has progressed to the point indicated, the quality of the Work covered by the Application is in accordance with the Contract Documents, and the DESIGN/BUILDER is entitled to payment in the amount requested. B. In submitting each Application For Payment; DESIGN/BUILDER warrants that: title to all Work covered by each Application for Payment shall pass to the CITY (LENDER)no later than the time of payment in full to DESIGN/BUILDER. The DESIGN/BUILDER further warrants that all Work covered by the previous Application for Payments is free and clear of liens, claims, security interest or other encumbrances. C. Each Application for Payment shall: 1. Reference this Agreement; 2. Describe the services performed; 3. Include an estimate of the percentage of Work completed; 4. Show the total amount of the payment due; 5. Include , a certification by the DESIGN/BUILDER'S designated representative that the Work has been performed in accordance with the provisions of this Agreement; 6. Include such documentation as may be reasonably necessary to substantiate costs incurred, or estimated to be incurred and percentage of completion of Work; 7. Include duly completed and executed forms of Conditional Waiver and Release in accordance with California Civil Code Section 3262 of all persons eligible to file stop notices in connection with the Work covering the payment requested; and 8. Include duly completed and executed forms of Unconditional Waiver and Release, in accordance with California Civil Code Section 3262 of all persons eligible to file stop notices in connection with the Work covering the payment received by DESIGN/BUILDER for the previous Application for Payment. 7 j mp/IJg:agree/sempra 1/10/19/98 6.03 Payment. A. Upon submission of any such Application for Payment, if CITY determines that DESIGN/BUILDER is making satisfactory progress toward completion of Work in accordance with this Agreement, CITY shall promptly approve the Application, in which event payment. shall be made within thirty (30) days of receipt of the Application by CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve an Application for Payment, CITY shall notify DESIGN/BUILDER in writing of the reasons for non-approval, within seven (7) calendar days of receipt of the Application. B. Subject to verification of the value of Work completed, the CITY shall pay the DESIGN/BUILDER for the percentage of Work completed through the period covered by the Application for Payment less 10% retainage. C. The DESIGN/BUILDER shall have the option to substitute securities for monies withheld from Progress Payments to ensure DESIGN/BUILDER'S performance under the terms of this Agreement. 6.04 Withholding of Payments. The CITY may refuse to make payment, or because of subsequently discovered evidence or observations, shall nullify the whole or any part of any payment previously issued, to such extent as may be necessary to protect the CITY from loss because of: A. Defective work not remedied; B. Failure of DESIGN/BUILDER to make payments of undisputed amounts to subcontractors for labor, materials or equipment with claims filed by third parties being reasonable evidence indicating probable failure to make payments; C. Damage to the CITY caused by default or neglect of the DESIGN/BUILDER to the extent not covered by insurance; or D. Reasonable evidence that the Work cannot be completed within the Contract Time. 6.05 Substantial Completion. When the DESIGN/BUILDER considers that the Work is substantially complete, the DESIGN/BUILDER shall prepare and submit to the CITY a request for issuance of a Certificate of Substantial Completion along with a comprehensive list of items to be completed. Failure to include an item on the DESIGN/BUILDER's list does not alter the responsibility of the DESIGN/BUILDER to complete all Work in accordance with the Contract Documents. Upon receipt of the DESIGN/BUILDER's request for issuance of a Certificate of Substantial Completion, the CITY will make an inspection to determine whether Substantial Completion has occurred. Depending on its reasonable determination, the CITY may either reject the DESIGN/BUILDER'S request for issuance of a Certificate of Substantial 8 j mp/k/g:agree/sem pra 1/10/19/98 Completion or issue a Certificate of Substantial Completion with an attached list or items of Work to be completed or corrected ("Punchlist") and fixing a reasonable time within which DESIGN/BUILDER shall complete the Punchlist items and achieve Final Completion. The DESIGN/BUILDER shall proceed promptly to complete and correct the items on the Punchlist. 6.06 Final Completion and Final Payment. A. When the DESIGN/BUILDER considers that the Work is finally complete, the DESIGN/BUILDER shall so notify the CITY. The CITY will inspect the Work and will, based on its reasonable determination, either reject the request or accept the Work as evidenced by its recordation of a Notice of Completion. B. Neither final payment nor any final release of retainage shall become due to DESIGN/BUILDER until thirty-five (35) days following the later of (a) the date of the CITY's recordation of a Notice of Completion;and/or (b) the date by which DESIGN/BUILDER has submitted to the CITY the last of all the following items: 1. An affidavit that all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the CITY might reasonably be responsible, have been paid or otherwise satisfied; 2. Consent of surety to final payment; 3. Data establishing payment or satisfaction of all obligation such as receipts, releases and waivers from all persons legally eligible to file stop notices in connection with the Work; 4. Submittal of records, drawings and documents in reproducible format; 5. Submittal of any warranties, operational and maintenance manuals and other submittals required by the Contract Documents; and 6. Such other documentation as the.CITY may reasonably require consistent with this agreement. 6.07 Waiver of Claims. Acceptance of Final Payment by the DESIGN/BUILDER shall constitute a waiver of affirmative claims by the DESIGN/BUILDER, except those previously made in writing and identified as unsettled of the time of final payment. 9 j mp/k/g:agree/sempra 1/l 0/19/98 • • ARTICLE 7 PROJECT DOCUMENTS 7.01 Use of Materials. DESIGN/BUILDER agrees that all materials prepared hereunder, including all original drawings, designs, reports, field and office notices, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon Final Completion of the Project, whichever occurs first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment in full of amounts reasonably determined by CITY to be earned by DESIGN/BUILDER to the point of termination of the work or completion of the Project, whichever is applicable. DESIGN/BUILDER shall be entitled to make and retain copies of all data prepared hereunder. 7.02 Delivery of Work Product. A copy of every significant technical memo and report prepared by DESIGN/BUILDER shall be submitted to the CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such work product, CITY shall identify specific requirements for satisfactory completion. 7.03 Record Documents. DESIGN/BUILDER shall maintain in a safe place at the Project Site one record copy of all drawings, specifications, addenda, written amendments, change orders, field orders and work change directives, in good order and annotated to show all changes made during construction ("Record Documents"). These Record Documents, together with all approved submittals, will be available to CITY for reference. Upon completion of the Work, these Record.Documents and submittals, including a reproducible set of Record Drawings, will be delivered to CITY as a condition precedent to Final Payment. ARTICLE 8 DESIGN/BUILDER REPRESENTATIONS AND RESPONSIBILITIES 8.01 Examination of Local Conditions. The DESIGN/BUILDER represents that it has taken steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and local conditions which may affect cost, progress, or performance of the Work such and that its analysis is reflected in its Proposal attached as Exhibit B. 8.02 Review of Contract Documents and Field Conditions. A. DESIGN/BUILDER has examined and carefully studied the Contract Documents (including the Addenda) and the other related data identified in the Request for Proposals. The DESIGN/BUILDER shall perform the Work in accordance with the Contract Documents and submittals approved in accordance with the procedures set forth herein. 10 jmp/k/g:agree/sempraI/10/19/98 B. DESIGN/BUILDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been identified or made available by CITY. C. The DESIGN/BUILDER shall take field measurement and verify field conditions and shall carefully compare such field .conditions and other information known to the DESIGN/BUILDER with the Contractor Documents before commencing activities. D. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. E. DESIGN/BUILDER has given CITY written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to DESIGN/BUILDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. F. DESIGN/BUILDER is aware of the general nature of work to be performed by CITY and others at the Site that relates to the Work as indicated in the Contract Documents. 8.03 Legal Requirements. DESIGN/BUILDER is familiar with all federal, state and local Laws and regulations that may affect cost, progress, performance or furnishing of the Work. The DESIGN/BUILDER shall comply with all applicable laws and shall give applicable notices pertaining thereto. The DESIGN/BUILDER shall prepare and file all documents required to obtain the necessary approvals of governmental authorities having jurisdiction over the Work and/or the Project and shall secure and pay for all permits.and governmental fees, licensees and inspections necessary for the proper execution of the Work and completion of the Project. 8.04 Before Starting Work. A. DESIGN/BUILDER shall submit the following for review within ten (10) calendar days after issuance of the Notice to Proceed. 1. A preliminary Project Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work including each Milestone specified in the Contract Documents; 11 j mp/k/g:agree/se m pra 1/10/19/98 2. A preliminary schedule of required Submittals and the times for submitting, reviewing and processing each submittal; 3. A preliminary Schedule of Values and Cash Flow Projection; and 4. Certificates of insurance and endorsements as required under this Agreement. 8.05 Initial Conference. Within twenty (20) calendar days after the issuance of the Notice to Proceed, a conference attended by CITY and DESIGN/BUILDER and others as appropriate will be held to establish a working understanding among the Parties as to the Work and to discuss the design concepts, schedules, procedures for handling submittals, 'processing Applications for Payment, maintaining required records and other Project matters. 8.06 CITY's Acceptance of Preliminary Submittals. A. At least ten (10) days before submission of the first Application for Payment, a conference attended by DESIGN/BUILDER, CITY and others as appropriate, will be held to review for acceptability the required Submittals. DESIGN/BUILDER shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the documents. No progress payment shall be made to DESIGN/BUILDER until the Submittals are acceptable to CITY as provided below. B. The Project Schedule will be acceptable to CITY as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time, but such acceptance will neither impose on CITY responsibility for the sequencing, scheduling or progress of the Work nor interfere with nor relieve DESIGN/BUILDER from DESIGN/BUILDER's full responsibility therefor. The format and structure of the Project Schedule will be as set forth in the Contract Documents and approved by CITY. CITY's acceptance shall not be deemed to confirm that the schedule is a reasonable plan for performing the Work. DESIGN/BUILDER's Schedule of Submittals will be acceptable to CITY as providing a workable arrangement for reviewing and processing the required Submittals. C. DESIGN/BUILDER's Schedule of Values and Cash Flow Projection will be acceptable to CITY as to form substance. ARTICLE 9 DESIGN PHASE SERVICES 9.01 Standard of Care. All design services to be performed by DESIGN/BUILDER and its employees, agents and subcontractors shall be performed in. an expeditious and professional manner using architects, engineers and other professionals properly licensed and 12 j mp/k/g:agree/se mpra 1/10/19/9 S duly qualified in the jurisdiction in which the Project is located. The professional obligations of such persons shall be undertaken and performed on behalf of the DESIGN/BUILDER. All design services performed pursuant to this Agreement shall be provided with the standard of judgment, care, knowledge and skill which prevails among design professionals, of knowledge and skill, engaged in practice within Southern California under the same or similar circumstances, involving the design and construction of an improvement such as this Project in compliance with the CITY's requirements and performance criteria. Nothing in this article shall create a contractual relationship between such third party professionals and the CITY. 9.02 Preliminary Design Phase. DESIGN/BUILDER'S Proposal shall be deemed to satisfy all requirements for the Preliminary Design Phase, and CITY accepts the Proposal, including all attachments thereto, as a satisfactory preliminary design for the Project. CITY shall issue a Notice to Proceed promptly following execution of this Agreement by the Parties. 9.03 Final Design Phase. Immediately following receipt of the Notice to Proceed from the CITY, DESIGN/BUILDER shall: A. On the basis of the Proposal, prepare final Construction Documents showing the scope, extent, and character of the construction to be performed and furnished by DESIGN/BUILDER for the Project, including technical drawings, schedules, diagrams and specifications (which will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute) setting forth in sufficient detail the requirements for construction of the Work which shall provide information customarily necessary for the use of the building trades. B. Provide technical criteria, written descriptions and design data required for obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Project, and assist CITY in consultations with appropriate authorities. C. Furnish the above documents, drawings and specifications to and review them with CITY for approval within the time indicated in the approved Project Schedule. DESIGN/BUILDER shall not proceed with the Construction Phase unless and until it receives written authorization from CITY to do so. ARTICLE 10 CONSTRUCTION PHASE SERVICES 10.01 General. A. Construction services shall be . performed 'by DESIGN/BUILDER and/or by qualified and licensed contractors, subcontractors and suppliers who are selected, paid and acting on behalf of the DESIGN/BUILDER. DESIGN/BUILDER shall provide or cause to be provided and shall pay for design services, labor, materials, 13 imp/k/g:agree/sempra l/10/19/98 • • equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. B. The DESIGN/BUILDER shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. C. The DESIGN/BUILDER shall keep the CITY informed of the progress and quality of the Work. D. The DESIGN/BUILDER shall keep the premises free from accumulation of waste materials or rubbish caused by the DESIGN/BUILDER's operations. At the completion of construction of the Work, the DESIGN/BUILDER shall remove from and about the Project the DESIGN/BUILDER's tools, construction equipment, machinery, surplus materials, waste materials and rubbish. 10.02 Supervision and Superintendent of Construction. A. DESIGN/BUILDER shall supervise, inspect and direct the construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to provide the construction in accordance with the Contract Documents. DESIGN/BUILDER shall be solely responsible to see that the completed construction complies accurately with the Contract Documents and shall keep CITY advised as to the quality and progress of the Work. B. DESIGN/BUILDER shall have available any Site for the Project at all times during construction a competent resident superintendent, who shall not be replaced without written notice to CITY except under extraordinary circumstances. The CITY shall have the right, at any time, to direct a change in the DESIGN/BUILDER'S key personnel at a Site if performance is unsatisfactory, as determined by CITY in its sole discretion. The superintendent will be DESIGN/BUILDER's representative at the Site and shall have authority to act on behalf of DESIGN/BUILDER. All written communications to the superintendent shall be as binding as if given to DESIGN/BUILDER. 10.03 Labor. Materials and Equipment. A. DESIGN/BUILDER shall provide competent, suitably qualified personnel to survey and lay out the construction and perform construction as required by the Contract Documents. DESIGN/BUILDER shall at all times maintain good discipline and order at the Site. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all construction at the Site shall be performed during regular working hours, and 14 jmp/k/g:agree/sempra 1/10/19/98 DESIGN/BUILDER will not permit overtime work or the performance of construction of Saturday, Sunday or any legal holiday without CITY's written consent, which will not be unreasonably withheld. B. Unless otherwise specified in the Contract Documents, DESIGN/BUILDER shall furnish or cause to be furnished and assume full responsibility for materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. DESIGN/BUILDER, in the presence of CITY's personnel, will direct the checkout of utilities and operations of systems and equipment. C. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents... All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of CITY. If required by CITY, DESIGN/BUILDER shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and condition-.d in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. ARTICLE 11 OPERATIONAL PHASE 11.01 Operational Obligations. During each operational Phase of the Project, DESIGN/BUILDER shall: A. Provide assistance in connection with the start-up, testing, refining and adjusting of any equipment or system to the Project. B. Assist CITY in training staff to operate and maintain the Project. C. Assist CITY in developing systems and procedures for control of the operation and maintenance of and record keeping for the Project. D. Provide such other assistance as is mutually agreed. ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.01 Objectionable Employees/Agents. DESIGN/BUILDER shall not employ any subcontractor, engineer, supplier or other individual or entity against whom CITY may have reasonable objection. DESIGNIBUILDER shall not be required to employ any subcontractor, 15 j mp/k/g:agree/sempra I/10/19/98 engineer, supplier or other individual or entity to furnish or perform any of the Work against whom DESIGN/BUILDER has reasonable objection. 12.02 No Relation With CITY Created. DESIGN/BUILDER shall be fully responsible to CITY for all acts and omissions of the subcontractors, engineers, suppliers and other individuals or entities performing or furnishing any of the Work under' a direct or indirect contract with DESIGN/BUILDER. Nothing in the Contract Documents shall create for the benefit of any such subcontractor, engineer, supplier or other individual or entity any contractual relationship between CITY and any such subcontractor, engineer, supplier or other individual or entity, nor shall it create any obligation on the part of CITY to pay or to see to subcontractor, engineer, supplier or other individual or entity except as may otherwise be required by laws and regulations. 12.03 Coordination of Subcontractors. Suppliers and Others. DESIGN/BUILDER shall be solely responsible for scheduling and coordinating subcontractors, engineers, suppliers and other individuals and entities performing or furnishing any of the work under direct or indirect contract with DESIGN/BUILDER. DESIGN/BUILDER shall require all subcontractors, engineers, suppliers and such other individuals and entities performing or furnishing any of the Work to communicate with the CITY through DESIGN/BUILDER. 12.04 Agreements with Subcontractors. Suppliers and Others. All services performed or provided to and material and equipment supplied to DESIGN/BUILDER by a subcontractor or supplier will be pursuant to an appropriate design sub-agreement or construction sub-agreement between DESIGN/BUILDER and the subcontractor, engineer or supplier which specifically binds the subcontractor, engineer or supplier to the terms and conditions of the Contract Documents for the benefit of CITY. Whenever any such agreement is with a subcontractor, engineer or supplier who is listed as an additional insured on the property insurance provided for herein, the agreement between the DESIGN/BUILDER and the subcontractor, engineer or supplier will contain provisions whereby the subcontractor, engineer or supplier waives all rights against CITY, DESIGN/BUILDER, CITY's consultants and all other additional insureds for all losses and damages caused by any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any subcontractor, engineer or supplier, DESIGN/BUILDER will obtain the same. ARTICLE 13 BONDS 13.01 Three Bonds. . DESIGN/BUILDER shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: A. A Performance Bond in the amount of one hundred percent of the Contract Price to guarantee the DESIGN/BUILDER's faithful performance of the Work; 16 j m p/k/g:agree/sempra 1/10/19/98 B. A Warranty Bond 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 C. A Payment Bond in the amount of one hundred percent of the Contract Price to guarantee payment of all claims for labor and materials furnished. 13.02 Surety Requirements. The bonds shall be executed by a California admitted surety rated A-VII or better in Best's Insurance Guide. If a Best's Insurance Guide rating is not available, the proposed surety must meet comparable standards of another rating service satisfactory to CITY. Bonds issued by a surety listed in the latest version of the U.S. Department of Treasury Circular 570 shall be deemed to be accepted unless specifically rejected by CITY. Bonds from sureties not listed in Treasury Circular 570 must be accompanied by all of the documents enumerated in California Code of Civil Procedure Section 995.660(a). 13.03 Bond Terms. Every bond must display the surety's bond number and incorporate_the Contract Documents by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration or modification of the Contract Documents. ARTICLE 14 INDEMNIFICATION 14.01 Indemnity of CITE". To the fullest extent permitted by law, the DESIGN/BUILDER hereby assumes liability for and agrees to indemnify and hold harmless, the CITY, its officers, officials, agents, employees, and representatives (hereinafter referred to as "Indemnities") from and against any and all claims, demands, defense costs, action, expenses of any kind whatsoever, arising out of or encountered in connection with this Agreement or the prosecution of Work under it (including but not limited to errors or omissions in design or design-build work for which DESIGN/BUILDER or its subcontractor(s) were responsible), whether such claims, demands, actions or liability are caused by DESIGN/BUILDER, DESIGN/BUILDER's subcontractors, agents or employees or products installed on the Project by DESIGN/BUILDER or subcontractors, regardless of whether caused in part by a party indemnified hereunder, excepting only such injury, death, or damages as may be caused solely and exclusively by the negligence or willful misconduct of the Indemnitees, as determined by a court of competent jurisdiction, and such indemnification shall extend to all claims, demands, actions, defense costs, or liability for injuries, death, or damages occurring after completion of the Project as well as during the Work's progress. DESIGN/BUILDER further agrees that it shall (at the option of the party required to be indemnified hereunder) at its own cost, expense, and risk, defend Indemnitees in any and all claims, demands, actions, suits, or other legal proceedings which may be brought or instituted . against Indemnitees. 17 jmp/k/g:agree/sempra l/10/19/98 14.02 Survives Termination. This indemnity shall survive termination. of the Agreement or final payment hereunder. This. indemnity is in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, the CITY may, in its sole discretion, reserve, retain or apply any monies due to the DESIGN/BUILDER.under the Agreement for the purpose of resolving such claims; provided, however, that the CITY may release such funds if the DESIGN/BUILDER provides the CITY with reasonable assurance of protection of the Indemnitees' interest. The CITY shall in its sole discretion determine whether such assurances are reasonable. ARTICLE 15 INSURANCE 15.01. Workers Compensation Insurance. A. Pursuant to California Labor Code section 1861, DESIGN/BUILDER acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; DESIGN/BUILDER covenants that it will comply with such provisions prior to commencing performance of the work hereunder. B. DESIGN/BUILDER shall maintain workers compensation insurance in an amount of not less than: 1. One Hundred Thousand Dollars ($100,000) bodily injury .by accident, each occurrence; 2. One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee; and 3. Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, aggregate policy limit. C. DESIGN/BUILDER shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. DESIGN/BUILDER shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and DESIGN/BUILDER shall similarly require all subcontractors to waive subrogation. 15.02 General Liability Insurance. DESIGN/BUILDER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify DESIGN/BUILDER, 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 amounts: 18 j m p/k/g:agree/se mpra 1/10/19/98 A. Combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. B. 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 general liability 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.DESIGN/BUILDER'S insurance shall be primary. 15.03 Professional Liability Insurance. DESIGN/BUILDER shall furnish a professional liability insurance policy covering the design work required by the Contract Document. Said policy shall provide coverage for Consultant's professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate. A claims made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the DESIGN/BUILDER's start of work (including subsequent policies purchased as renewals or replacements). B. DESIGN/BUILDER will make every effort to maintain similar insurance during the required extended period of coverage following Project completion, including the requirement of adding all additional insureds. C. If insurance is terminated for any reason, DESIGN/BUILDER agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. D. The reporting of circumstances or incidents that might give rise to future claims. 15.04 Certificates of Insurance and Endorsements. Prior to commencing performance of the Work hereunder, DESIGN/BUILDER shall furnish to CITY certificates of insurance, subject to approval of the City Attorney, evidencing the foregoing insurance coverages required by this Agreement; said certificates and endorsements shall: A. Name the CITY as an additional insured with the sole exception of professional liability insurance; B. Provide the name and.policy number of each carrier and policy; C. Shall state that the policy is currently in force; and 19 jmp/k/g:agree/sempra1/10/19/98 D. Shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty days prior written notice to the CITY; however, ten days prior written notice in the event of cancellation for nonpayment of premium. 15.05 DESIGN/BUILDER 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 DESIGN/BUILDER 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. DESIGN/BUILDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. ARTICLE 16 PATENT FEES AND ROYALTIES 16.01 Licenses. DESIGN/BUILDER shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. To the fullest extent permitted by laws and regulations. DESIGN/BUILDER shall defend, indemnify and hold harmless CITY and its agents, employees and officers, from and against all claims, costs, losses and damages (including bug not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or pertaining, in any manner, to any actual or alleged infringement of patent rights or copyrights incident to the use in DESIGN/BUILDER'S performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the conceptual documents. 16.02 Assignment of Actions. The DESIGN/BUILDER offers and agrees to assign to the CITY all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code of the State of California), arising from purchases of goods, services or materials pursuant to performance of the Work. This assignment will be made and becomes effective at the time CITY tenders final payment to DESIGN/BUILDER, without further acknowledgement by the Parties. ARTICLE 17 PERMITS 17.01 Permit Responsibility. Unless otherwise provided in the Contract Documents, DESIGN/BUILDER shall directly or through one or more subcontractors obtain and pay for all necessary permits and licenses. CITY shall provide prompt assistance to DESIGN/BUILDER, when necessary, in obtaining such permits and licenses. DESIGN/BUILDER shall pay all 20 j mp/k/g:agree/se mpra I/10/19/98 governmental charges and inspection necessary for the prosecution of the construction, which are applicable on the last day for receipt of proposals. DESIGN/BUILDER shall pay all charges of utility owners for connections to the Work, and CITY shall pay all charges of such utility owners for capital costs related thereto. ARTICLE 18 LAWS AND REGULATIONS 18.01 Compliance with Laws. DESIGN/BUILDER shall give all notices and comply with all laws and regulations of the place of the Project which are applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable laws and regulations, CITY shall not be responsible for monitoring DESIGN/BUILDER's compliance with any laws or regulations. . 18.02 Non-Compliance Costs. If DESIGN/BUILDER performs,any work knowing or having reason to know that it is contrary to laws or regulations, DESIGN/BUILDER shall bear all costs arising therefrom. 18.03 Changes in Laws. Changes in laws and regulations not known or foreseeable on the date of receipt of proposals having an effect on the cost or time of performance may be the subject of a claim as provided for herein. ARTICLE 19 TAXES . 19.01 Tax Responsibility. DESIGN/BUILDER shall pay all sales, consumer, use, gross receipts and other similar taxes required to be paid by DESIGN/BUILDER in accordance with the laws and regulations of the place of the Project which are applicable during the performance of the Work. ARTICLE 20 USE OF SITE AND OTHER AREAS 20.01 Site Usage. DESIGN/BUILDER shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the CITY and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER shall assume full responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. DESIGN/BUILDER shall, to the fullest extent permitted by laws and regulations, indemnify and hold harmless CITY, CITY's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs-,.,losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or 21 j mp/k/g:agree/se mpra 1/10/19/98 equitable, brought by any such CITY or occupant against CITY, or any other party indemnified hereunder to the extent caused by or based upon DESIGN/BUILDER's performance of the construction. 20.02 Free From Debris. During the performance of the Work, DESIGN/BUILDER shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the construction. At the completion of the construction DESIGN/BUILDER shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGN/BUILDER shall leave the Site clean and ready for occupancy by CITY at substantial completion. DESIGN/BUILDER shall restore to original condition all property not designated for alteration by the Contract Documents. 20.03 Stress and Pressures. DESIGN/BUILDER shall not load nor permit any part of any structure at any Site to be loaded in any manner that will endanger or damage the structure, nor shall DESIGN/BUILDER subject any part of the Work or adjacent property to stresses or pressures that will endanger or damage it. ARTICLE 21 SAFETY AND PROTECTION 21.01 Safety Programs. DESIGN/BUILDER shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the construction. DESIGN/BUILDER shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: A. All persons on the Site or who may be affected by the construction; B. All work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and C. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 21.02 Applicable Laws. Subject to 18.03, DESIGN/BUILDER shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. DESIGN/BUILDER shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by DESIGN/BUILDER, any subcontractor, supplier or any other individual or entity directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, shall be remedied by 22 i mp/1c/g:agree/se mp ra 1/10/19/98 DESIGN/BUILDER. DESIGN/BUILDER's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the work in completed and CITY has issued a notice to DESIGN/BUILDER in accordance with Section 12.09 that the work. is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 21.03 Safety Representative. DESIGN/BUILDER shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs related to the Work. Such representative shall continue to act through the completion of the Project unless a successor representative is mutually agreed upon. ARTICLE 22 ENVIRONMENTAL HAZARDS 22.01 In the event DESIGN/BUILDER encounters at the Site any material reasonably believed to be asbestos, radon, polychlorinated biphenyl ("PCB") di (2-ethylhexyl) phthalate ("DEHP") or any pollutant or any other hazardous substances as the term is defined in 42 U.S.C. Article 9601(14) or any successor provision, which has not been rendered harmless on reasonably satisfactory basis ("Hazardous Materials"), DESIGN/BUILDER shall stop the WORK in the area affected and report the conditions to the CITY in writing. Resumption of the Work in this area shall not be resumed except by written agreement between the Parties, it being expressly understood that DESIGN/BUILDER will not be required to continue with the Work to the extent Hazardous Materials are involved. The CITY is legally responsible for any hazardous materials existing and/or newly-discovered at the Site. The cost of removal and disposal of Hazardous Materials, and any other legal or other obligation related thereto, including without limitation any related obligations regarding remediation of Hazardous Materials, shall be the sole responsibility of CITY. 22.02 Hazardous Materials. DESIGN/BUILDER shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with laws or regulations. ARTICLE 23 EMERGENCIES 23.01 Emergency Actions. In the event of emergencies affecting the safety or protection of persons or the construction or property at the Site or adjacent thereto, DESIGN/BUILDER, without special instruction or authorization from CITY, is obligated to take reasonable actions to prevent threatened damage, injury or loss. DESIGN/BUILDER shall give CITY prompt written notice if DESIGN/BUILDER believes that any significant changes in the construction or variations from the Contract Documents have been caused thereby. If a change in the Contract Documents is required because of the action taken by DESIGN/BUILDER in response to such an emergency a Change Order will be issued to document and make appropriate adjustment for the consequences of such action. 23 jmp/1✓g:agree/sempra l/10/19/98 ARTICLE 24 SUBMITTALS 24.01 DESIGN/BUILDER Submittals. CITY will review and approve submittals in accordance with the schedule of required submittals accepted by CITY as required by the Contract Documents. CITY's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the construction, conform to the information given in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. CITY's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item, as such, will not indicate approval of the assembly in which the item functions. DESIGN/BUILDER shall make corrections required by CITY, and shall return the required number of corrected copies of the required submittal for review and approval. DESIGN/BUILDER shall direct specific attention in writing to revisions other than the corrections called for by CITY on previous submittals. 24.02 Variations. CITY's review and approval of required submittals shall not relieve DESIGN/BUILDER from responsibility for any variation from the requirements of the Contract Documents unless DESIGN/BUILDER has in writing called CITY's attention to each such variation at the time of submission and CITY has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the submittal. 24.03 Pre-Approval Construction. Where a submittal is required by the Contract Documents of related construction provided prior to CITY's review and approval any such review of the pertinent submittal will be at the sole expense and responsibility of DESIGN/BUILDER. ARTICLE 25 CONTINUING THE WORK 25.01 Project Continuation. Except as provided in 3.03, DESIGN/BUILDER shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with CITY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as DESIGN/BUILDER and CITY may otherwise agree in writing. ARTICLE 26 DESIGN/BUILDER'S GENERAL WARRANTY AND GUARANTEE 26.01 Guaranty. DESIGN/BUILDER hereby unconditionally guarantees the CITY that the Work (including all services, labor and materials provided by Subcontractors, sub- subcontractors of any tier, Vendors and Material Suppliers) shall strictly comply with the provisions of the Contract Documents, including all drawings and specifications, and that the 24 j m p/k/g:ag re a/se m p ra 1/10/l 9/98 Work shall be first-class in every particular and free from defects in construction and workmanship. The DESIGN/BUILDER further guarantees that all materials, equipment and supplies furnished by the DESIGN/BUILDER or by its Subcontractors, sub-subcontractor of any tier vendors or material suppliers for the Work shall be new, merchantable, and fit for their intended purposes. Work not conforming to these requirements, including substitutions no properly approved and authorized, shall be considered defective. Approval of any material or Work at any time or stage of construction will not prevent its subsequent rejection for cause. The DESIGN/BUILDER shall jointly assign all its rights and interests in warranties of Vendors and Material Suppliers to the CITY and CITY after Substantial Completion and receipt of full payment hereunder in a fashion that meets the specifications of this Section. 26.02 Strict Compliance. DESIGN/BUILDER'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following actions will constitute an acceptance of any portion of the Work that is not in accordance with the Contract Documents or as set forth in CITY's written release of any specific obligation of DESIGN/BUILDER'S to perform the Work in accordance with the Contract Documents: A. Observations by CITY; B. The making of any progress or final payment; C. The issuance of a certificate of-substantial compliance; D. Use or occupancy of the work or any part thereof by CITY; E. Any acceptance by CITY or any failure to do so; F. Any review and approval of a submittal; G. Any inspection, test or approval by others; or H. Any correction of defective construction by CITY. The DESIGNBUILDER guarantees set forth in this Article shall 26 extend for a period of twelve (12) months after the Date of Final Completion. The DESIGNBUILDER's warranty obligation as stated herein shall survive termination of the Contract. The CITY shall provide all notices to DESIGNBUILDER of defects in writing promptly after discovery of defective conditions. The establishment of the time period of twelve (12) months after the Date of Final Completion or such longer period of time as may be prescribed by law or by the terms of any longer warranty required by the Contract Documents relates only to the specific obligation of the DESIGNBUILDER to correct the Work. Nothing contained in this Article shall be construed to establish a period of limitation with respect to any other liabilities which the DESIGNBUILDER remains subject to under the Contract Documents. Vendor and material supplier warranties are to have the duration set forth in the Contract Documents or other mutually agreed documentation hereunder, but in no event less than the period specified under this Section. 25 jmp/k/g:agree/sempra 1/10/19/98 26.03 Correction of Defects. Without limitation of any other rights or remedies of the CITY, if any defect in the Work in violation of the guarantees set forth above arises within twelve (12) months after the Date of Final Completion, the DESIGN/BUILDER and its sureties shall upon receive of written notice of such defect and demand to correct any such defective Work rejected by the CITY as failing to conform to the Contract Documents, at no cost to the CITY, shall within three (3) days of receipt of notice of said defective work (unless otherwise agreed to in writing by the CITY which shall not unreasonably refuse to extend the F period if appropriate under the circumstances), furnish and provide all design and engineering, labor, equipment, materials and other services at the site necessary to correct such defect and cause the Work to comply fully with the foregoing guarantees. The DESIGN/BUILDER is obligated to correct all such defects, whether these defects are discovered before or after the Date of Final Completion, and whether or not the defective Work has been fabricated, installed or completed. Access to building's interior for corrective work shall be closely coordinated with the CITY so as not to conflict with scheduled events taking place within, but CITY shall facilitate the completion of corrections to the extent reasonably feasible. The DESIGN/BUILDER shall obtain approved "Dark Days" from CITY prior to commencing corrective measures of defective work. The DESIGN/BUILDER shall bear all costs of correcting such rejected and defective Work, including access to the Work and removal and replacement of non-defective Work which is needed in order to correct defective Work, and also including compensation for the Architect's or CITY's Representative additional services made necessary thereby. 26.04 Failure to Correct. Iit the event the DESIGN/BUILDER has been notified of any defect in the Work in violation of the DESIGN/BUILDER's foregoing guarantees, and in the event the DESIGN/BUILDER fails to promptly and adequately correct such defect consistent with 26.03, the CITY shall have the right to correct or to have such defects corrected or the account of the DESIGN/BUILDER. The DESIGN/BUILDER shall bear all costs incurred by the CITY or its separate contractors resulting from the CITY's correction or removal of Work which does not conform with the requirements of the Contract Documents. However, the foregoing shall not contravene potential recovery of such costs under insurance coverage afforded for any such loss or damage under the Insurance terms of Article 15. 26.05 Title Warranty. The DESIGN/BUILDER warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the CITY, either by incorporation in the Work or upon the receipt of payment of such work by the DESIGN/BUILDER, whichever occurs first, free and clear of all stop notices, claims, security interests or encumbrances. The DESIGN/BUILDER further warrants that no Work, materials, or equipment covered by an Application for Payment, whether acquired by the DESIGN/BUILDER, or by any other person performing Work at the site or furnishing materials and equipment for the Project, be subject to any stop notice or encumbrances thereon. The DESIGN/BUILDER and its surety hereby agree to indemnify and hold all indemnitees as defined in the Agreement harmless from and against any and all costs, expenses including attorneys fees, damages, claims or liabilities in any way arising out of stop notices relating to materials, equipment or services provided the DESIGN/BUILDER, Subcontractors, sub-subcontractors and their respective Material Suppliers, Vendors, employees, agents or 26 j mp/k/g:agree/se mpra 1/10/19/98 representatives. It is expressly understood that the DESIGN/BUILDER's obligations in this respect begin immediately at the outset of any filing, claim by correspondence or court proceeding and.without regard to a showing of DESIGN/BUILDER's fault. 26.06 Warranty Exclusions. The DESIGN/BUILDER's warranty hereunder excludes damages or defects solely caused by modifications not executed'by the DESIGN/BUILDER, improper or insufficient maintenance, improper operation by the CITY, or normal wear and tear under normal usage. 26.07 Election to Accept. The CITY may elect to accept defective or non-conforming Work at is sole discretion, instead of requiring removal and correction by the DESIGN/BUILDER. In any such cases, a Change Order will be issued to reflect a reduction in the Contract Price where appropriate and equitable. In the event that the final payment has been made or insufficient funds remain to permit offset by the CITY, the DESIGN/BUILDER shall make prompt payment to the CITY of the amounts so determined. 26.08 Assignment of Warranties. The DESIGN/BUILDER's guarantees, as set forth in this Article 26 (hereinafter "Article 26 Warranties"), are freely assignable to Assignees by the CITY. The DESIGN/BUILDER hereby agrees to honor the Article 26 Warranties to such Assignees. Upon assignment of the CITY's Warranty Rights, the Assignee shall promptly notify the DESIGN/BUILDER, in writing, of all discovered defects or defective conditions. In no event will the CITY's assignment of its Warranty Rights alter either the scope of Warranty Period of DESIGN/BUILDER's Article 26 Warranties. ARTICLE 27 PREVAILING WAGE 27.01 Per Diem Wages. DESIGN/BUILDER shall pay at least the minimum prevailing per diem wages as provided in Section 1773, et seq. of the Labor Code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. ARTICLE 28 CHANGES IN THE WORK AND CLAIMS 28.01 Additional Services. In the event CITY requires additional services related to the Project not included in the Contract Documents, or changes in the scope of the Work described in the Contract Documents, DESIGN/BUILDER will undertake such work after receiving written authorization from CITY. In these circumstances, appropriate additional compensation for such extra work shall be allowed following receipt of written approval of CITY and such approval shall not be withheld unreasonably. 28.02 Changes to Agreed Specifications. DESIGN/BUILDER shall adhere strictly to the plans and specifications for the Work set forth in the Contract Documents unless a change therefrom is authorized in writing by the CITY. DESIGN/BUILDER agrees to make any and 27 jmp/k/g:agree/sempra1/10/19/98 all such changes, furnish materials and perform all work necessary within the scope of the Project as the CITY. may reasonably require in writing. Under no condition shall DESIGN/BUILDER make any changes without the written order of the CITY, and CITY shall not pay any extra charges made by DESIGN/BUILDER that have not been agreed upon in writing by the CITY but such approval shall not be withheld unreasonably. 28.03 Reimbursement for Changes. When directed to change the Work, DESIGN/BUILDER shall submit immediately to the CITY a written Revised Cost Proposal reflecting the effect of the change. Should the CITY not agree to such Revised Cost Proposal,. the"Work shall be performed according to the changes ordered in writing by the CITY and the proper cost thereof shall be negotiated by the Parties in good faith upon cost and pricing data submitted by the DESIGN/BUILDER; thereupon, CITY will promptly issue an adjusted change order to DESIGN/BUILDER and.the Contract Price and/or Contract Time will be adjusted upward or downward accordingly to fairly reflect the changes to the Work. 28.04 Claims. The DESIGN/BUILDER may submit one or more claims in the form of Cost Proposals for any requested adjustment in the Contract Price or Contract Time pursuant to the provisions of this Agreement. In such case, the DESIGN/BUILDER shall give the CITY written notice within seven (7) calendar days after it becomes aware of the event giving rise to the Change Proposal. Thereafter the CITY shall have a reasonable amount of time after receipt of the claim to make a reasonable determination permitting it to either confirm or refute the basis for the Cost Proposal. Failure to give the notice required by this section shall be deemed a waiver of the claim. ARTICLE 29 TESTS AND INSPECTIONS CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION 29.01 Notice of Defects. Prompt written notice of all defective construction of which CITY has actual knowledge will be given to DESIGN/BUILDER by CITY. All defective construction may be rejected, corrected or accepted as provided in this Article. 29.02 Access To Construction. CITY, its consultants, or other representatives and personnel of CITY, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the construction at the site at reasonable times for their observation, inspection and testing. To the extent reasonably feasible DESIGN/BUILDER shall provide them proper and safe conditions for such access and advise them of DESIGN/BUILDER's site safety procedures and programs so that they may comply therewith as applicable. 29.03 Tests And Inspections. A. If the Contract Documents, laws or regulations of any public body having jurisdiction require any part of the construction specifically to be inspected, tested or approved, DESIGN/BUILDER shall assume full responsibility for 28 jmp/k/g:agree/sempra I/10/19/98 arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and'furnish CITY the required certificates of inspection or approvals. DESIGN/BUILDER shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approval required for CITY's acceptance of materials or equipment to be incorporated in the construction or of materials, mix designs, or equipment submitted for approval prior to DESIGN/BUILDER'S purchase thereof for incorporation in the construction. B. DESIGN/BUILDER shall give CITY reasonable notice of the planned schedule for all required inspections, tests or approvals. C. If any construction (or the construction work of others) that is required to be inspected, tested or approved is covered by DESIGN/BUILDER without written concurrence of CITY, the Work must, if requested by CITY, be uncovered for observation at DESIGN/BUILDER's expense unless DESIGN/BUILDER has given CITY timely notice of DESIGN/BUILDER's intention to cover the same and CITY has not acted with reasonable promptness in response to such notice. 29.04 Uncovering Construction. A. If any construction is covered contrary to the written request of CITY or without inspection, it must, if requested by CITY, be uncovered for CITY's observation and recovered at DESIGN/BUILDER'S expense.. B. If CITY considers it necessary or advisable that covered construction be observed by CITY or inspected or tested by others, DESIGN/BUILDER, at CITY's request, shall uncover, expose or otherwise made available for observation, inspection or testing as CITY may reasonably require, that portion of the construction in question, furnishing all necessary labor, material and equipment. If it is found that such construction is defective, DESIGN/BUILDER shall pay all reasonable costs and damages caused by or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or rework, (including but not limited to all fees and charges of engineers, architects, attorneys and other professional, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others); and CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as proved herein. If, however, such construction is not found to be defective, DESIGN/BUILDER shall be allowed an appropriate increase in the Contract Price or an extension of the Contract Time (or milestones in the Schedule for any Phase), directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and rework; and, if the Parties are unable to agree as to the amount or extent thereof, DESIGN/BUILDER may make a claim therefor as provided herein. 29 j m p/k/g:agree/sem pra l/10/19/98 29.05 City May Stop the Construction. If the construction is reasonably determined by the CITY to either be defective, or if it reasonably DESIGN/BUILDER fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the construction in such a way that the completed construction will conform to the Contract Documents, CITY may order DESIGN/BUILDER to stop construction or any portion thereof, until the cause for such order has been eliminated; however, this right of CITY to stop construction will not give rise to any duty on the part of CITY to exercise this right for the benefit of DESIGN/BUILDER or any other party. 29.06 Correction Or Removal Of Defective Construction. CITY will have authority to disapprove or reject defective construction and will have authority to require special inspection or testing of the construction whether or not the construction is fabricated, installed or completed. If required by CITY, based on its reasonable determination, DESIGN/BUILDER shall promptly, as directed, either correct all defective construction whether or not fabricated, installed or completed, or, if the construction has been rejected by CITY, remove it from the site and replace it with nondefective construction. DESIGN/BUILDER shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 29.07 Correction Period. A. If within one year after the date of Substantial Completion or such longer period of time as may be -prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provisions of the Contract Documents, any construction is found to be defective, DESIGN/BUILDER shall promptly, without cost to CITY and in accordance with CITY's written instructions, (i) correct such defective construction, or if it has been rejected by CITY, remove it from the site and replace it with construction that is not defective, and (ii) satisfactorily correct or remove and replace any damage to the Work resulting therefrom. If DESIGN/BUILDER does not promptly comply with the terms of such instruction, or in an emergency where delay would cause serious risk of loss or damage, CITY may have the defective construction corrected or the rejected construction removed and replaced, and all costs and damages caused by or resulting from such removal and replacement (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, ail court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others), will be paid by DESIGN/BUILDER. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the construction, the correction period for that time may start to run from an earlier date if so provided in the specifications or by written amendment. 30 j m p/k/g:agree/sempra 1/10/19/98 C. Where defective work (and damage to other construction resulting therefrom) has been corrected, removed or replaced under this Section, the correction period hereunder with respect to such construction will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 29.08 Acceptance of Defective Construction. If, instead of requiring correction or removal and replacement of defective construction, CITY prefers to accept it, CITY may do so. DESIGN/BUILDER shall pay all costs attributable to CITY's evaluation of and determination to accept such defective construction (such costs to include but not be limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs). If any such acceptance occurs prior to final payment, a change order will be issued incorporating the necessary revisions in the Contract Documents with respect to the construction; and CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, CITY may make a claim therefor as provided herein. If the acceptance occurs after final payment, an appropriate amount will be paid by DESIGN/BUILDER to CITY. 29.09 City May Correct Defective Construction. If DESIGN/BUILDER fails within a reasonable time after written notice from CITY to correct defective construction or to remove and replace rejected construction as required by CITY or if DESIGN/BUILDER fails to perform the construction in accordance with the Contract Documents, . or if DESIGN/BUILDER fails to comply with any other provision of the Contract Documents, CITY may, after seven days written notice to DESIGN/BUILDER, correct and remedy any such deficiency. In exercising the rights and remedies under this Section CITY shall proceed expeditiously. In connection with such corrective and remedial action, CITY may exclude DESIGN/BUILDER from all or part of the Site, take possession of all or part of the construction, and suspend DESIGN/BUILDER's services related thereto, take possession of DESIGN/BUILDER's tools, appliances, construction equipment and machinery at the site and incorporate in the construction all materials and equipment it stored at the site or for which CITY has paid DESIGN/BUILDER but which are stored elsewhere. DESIGN/BUILDER shall allow CITY, CITY's representative, agents and employees, CITY's other contractors and consultants access to the site to enable CITY to exercise the rights and remedies under this Section. All costs and damages incurred or sustained by CITY in exercising such rights and remedies shall be charged against DESIGN/BUILDER and a change order will be .issued incorporating the necessary revisions in the Contract Documents and CITY shall be entitled to an appropriate decrease in the contract price, and, if the parties are unable to agree as to the amount thereof, CITY may make a claim therefor as provided herein. Such costs and damages will include but not be limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs and al costs of repair or replacement of work of others destroyed or damaged by correct, removal or replacement of DESIGN/BUILDER's defective construction. DESIGN/BUILDER shall not be allowed an extension of the contract. times (or milestones) because of any delay in the performance of the construction attributable to the exercise by CITY of CITY's rights and remedies hereunder. 31 j m p/IJg:ag ree/sempra I/10/19/98 29.10 Final Inspection. Upon written notice from DESIGN/BUILDER that the entire construction or an agreed portion thereof is complete, CITY will make a final inspection with DESIGN/BUILDER and will notify DESIGN/BUILDER in writing of all particulars in which this inspection reveals that the construction is incomplete or defective. DESIGN/BUILDER shall immediately take such measures as are reasonably necessary to complete such construction or remedy such deficiencies. ARTICLE 30 INDEPENDENT DESIGN/BUILDER 30.01 Independent Contractor. DESIGN/BUILDER is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. DESIGN/BUILDER 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 DESIGN/BUILDER and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. ARTICLE 31 TERMINATION OF AGREEMENT 31.01 Early Termination. All Work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate DESIGN/BUILDER's services hereunder at any time, with or without cause, and whether or not the Project is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to DESIGN/BUILDER as provided herein; provided, however that in the event that CITY elects to terminate this Agreement prior to completion of any Phase of the Project or in the event that CITY completes any portion of any Phase of the Project under 2.03, 20.09 or 31.02, the warranties of DESIGN/BUILDER under Article 14 shall not apply to any Phase which is uncompleted as of the date of such termination by CITY. 31.02 Compensation for Early Termination. In the event of early termination under 31.01, the DESIGN/BUILDER will be compensated for the reasonable value of the Work performed prior to the termination. In the event the DESIGN/BUILDER defaults or persistently fails or neglects to carry out the Work in accordance with.the Contract Documents, CITY may give written notice that CITY intends to terminate the performance of the Work. If the DESIGN/BUILDER fails to correct the failure of performance within seven (7) calendar days after being given notice, the CITY may, without prejudice to any other remedy, correct such deficiencies and may deduct the reasonable cost thereof from any payment due the DESIGN/BUILDER or, at the CITY's option, may terminate the employment of the DESIGN/BUILDER and take position of the site and of all materials located on the site as well as all drawings, plans and specifications and finish the Work by whatever means the CITY may deem expedient. When the CITY terminates the DESIGN/BUILDER for default as provided for herein, the DESIGN/BUILDER shall not be entitled to receive further payment until the Work is finished. If the reasonable expense of finishing the Work exceeds the unpaid 32 j mp/k/g:agree/se mpra 1/10/l 9/98 balance of the Contract Price, the DESIGN/BUILDER and its surety shall pay the difference to the CITY. ARTICLE 32 DISPUTE RESOLUTION 32.01 Litigation of Disputes. Any dispute which cannot be resolved between the Parties shall be resolved through litigation in a court of competent jurisdiction (i.e., Superior or Municipal) of the State of California. Venue for any such litigation concerning this Agreement shall be the County of Orange. The Parties hereby consent to the jurisdiction of such court and expressly waive all rights they may have to a change of venue including, but not limited to, the provisions of California Code of Civil Procedure Section 394. DESIGN/BUILDER agrees to incorporate the provisions of this Article into all subagreements and subcontracts and to obtain express waives from all subcontractors and subconsultants of rights concerning change of venue. ARTICLE 33 ASSIGNMENT AND SUBCONTRACTING 33.01 Approval of Assignments. DESIGN/BUILDER 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. ARTICLE 34 COPYRIGHTSMATENTS 34.01 Rights in Intellectual Property. Except as to rights obtained under license or otherwise under 16.01, CITY shall own all rights to any new patent or copyright developed or produced directly as a result of this Project. ARTICLE 35 CITY EMPLOYEES AND OFFICIALS 35.01 Ban on Use of City Employees. DESIGN/BUILDER 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 applicable provisions of law. ARTICLE 36 NOTICES 36.01 Written Notices. Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to DESIGN/BUILDER's agent (as designated in Section 1 hereinabove) or to CITY's Director of Public Works as the situation shall warrant, or by enclosing the same in a sealed envelope, 33 j m p/k/g:agree/se mp ra I/10/19/98 postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO DESIGN/BUILDER: Director of Public Works Sempra Energy Solutions City of Huntington Beach 633 West Fifth Street 2000 Main Street Los Angeles, CA 90071 Huntington Beach, CA 92648 ARTICLE 37 CAPTIONS 37.01 Headings. 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. ARTICLE 38 E%4MIGRATION 38.01 Employment Verification Compliance. DESIGN/BUILDER 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 the United States Code regarding employment verification. ARTICLE 39 LEGAL SERVICES SUBCONTRACTING PROHIBITED 39.01 Subcontractor Legal Services. DESIGN/BUILDER 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. DESIGN/BUILDER 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 DESIGN/BUILDER. ARTICLE 40 ATTORNEY'S FEES 40.01 Litigation Attorney Fees. In.the event suit is brought by either of the Parties to enforce the terms and provisions of this agreement or to secure the performance hereof, each of the Parties shall bear its own attorney's fees. 34:' j mpWg:agree/se mpra 1/10/19/98 ARTICLE 41 SEVERABILITY 41.01 Enforcement of Remaining Provisions. In the event any provision of this Agreement and/or the Contract Documents shall be deemed illegal, invalid, unenforceable and/or void by a court of competent jurisdiction by any other governmental agency of competent jurisdiction, such provision shall be deemed to be. severed and deleted from the Contract Documents, and all remaining provisions hereof shall, in other respects, continue in full force and effect to the extent they remain consistent with the original intent of the Parties. ARTICLE 42 PROVISION REQUIRED BY LAW DEEMED INSERTED 42.01 Automatic Incorporation of Legal Requirements. Each and every provision and clause required by law to be inserted in the Contract Documents shall be deemed to be inserted herein and the Contract Documents shall be read and enforced as though such provision or clause is included herein; provided, however, consistent with this Agreement. CITY shall promulgate no new ordinances, rules, regulations or orders which change the intent of the provisions of this Agreement. REST OF PAGE NOT USED 35 jmp/klg:agree/sem pra I I10/19/98 ARTICLE 43 COVENANT OF ASSURANCES 43.01 Covenant of Assurances. Each party shall do all necessary acts, and execute and deliver such written instruments, as shall be reasonably required from time to time to carry out the intent and terms of this Agreement, including without limitation any non-material changes to this Agreement necessary to make it enforceable consistent with the intent of the Parties and to conform to law. 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. DESIGN/BUILDER: CITY OF HUNTINGTON BEACH, A SEMPRA ENERGY SOLUTIONS, L.L.C. municipal corporation of the State of California By: i print name = ITS: (circle one) Chairman/Preside n Vice Mayor resident ATTEST: AND City Clerk By: APPROVED AS TO FORM: print name ITS: (circle one) Secretary/Chief Financial E Officer/Asst Secretary Treasurers o City Attorney ? � License Number: Pp 9 gs 6G 3 I D AND APPROVED: Expiration Date: Director of Public Works REVIEWED AND APPROVED: _ � Ci y Administrator 36 j m p/k/g:agree/se m p ra l/10/19/9 8 Ciry of Huntington B h EXHIBIT A Scope of Work Sempra Energy Solutions'direct services included the following project management. start-up and commissioning assistance, construction management. and convey status meetinQs with the City of Huntington Beach. Sempra Energy Solutions shall employ all subcontractors directly. Overview of Project Scope 1. Phase I Lighting Install enerQv efficient lighting and lighting controls according to the facility schedule in Table A of this document. y 2. Phase II Mechanical Civic Center- Convert dual duct to VAV in AHU—2 and SF 1.2 & 3. Convert multi-zone system to VAV in AHU's 1,3,4,5,&6 Install new chillers with norimary/secondary pumping and VFD's on chilled water PUMPS. Install ASHRAE 1 i ventilation monitoring in chiller room. Install two new gas fired domestic boilersy Install new coo IinQ toyer. Install premium efficiency motors on remaining motors. Library Convert multi-zone to VAV in AHU's 1.2.3 & 4. Install primary/secondar% pumping for the chilled water system including VFD's on chilled water pumps. Install premium efficiency motors on remaining motors. Cite Yard Buildings There are several buildings in this complex that have old equipment in need of replacement as well as the need for programmable time clocks for maximum energy efficiency. Administration Building- Building Install one ea. Programmable 365-day time clock to replace the existing time clock. Maintenance Yard- Building B Replace two. Lennox 3 ton and 1 ea. Lennox.5-ton gas electric unit with new high efficiency gas electric units. D:\Proposals\COHB\Scope of Work.doc 1 9/7/98 City of Huntington Beach Office Area- Building C Replace three. Lennox 4 ton gas electric units and I ea. 5 ton Lennox gas electric unit with high efficiency gas electric units. Signal Shop Remove and replace 1 ea. 2.5 ton split system unit and install I ea. YN'arehouse for Building E Install 1 ea. New roof platforn and replace Iea. 3 ton packaged heat.- Sign Shop Remove and replace 1 ea. 2.5 ton packaged heat pump and replace 2 with 1 ea. High efficiency packaged heat pump. Heil Street Fire Station Install two (2) Rheem 12.0 SEER. 3 ton condensing units Bushard Fire Station Install two (2) Rheem 12.0 SEER. 3 ton condensing units. Install two- (2) Rheem 80% efficient counter flow, 3-ton furnaces Edison Community Center Install five (5) new 80% efficient furnaces Install two (2) 230-3 phase. 10= SEER 5-ton condensing units and one(1) new 7.5 ton condensing unit. Murdy Community Center Install four(4) new 80% efficient furnaces. Install two (2) 230-3 phase. 10- SEER 5-ton condensing units and one (1) nevv 7.5 ton condensing unit. v Warner Fire Station Replace existing ac unit x\ith one (1) Rheen 3-ton package unit. 3. Customer's Scope • Customer is responsible for the removal and mitigation of any hazardous materials (except for PCB ballasts and mercury-containing lamps removed in conjunction with the lighting retrofit included under this Scope of Work) or environmental problems encountered in the performance of this Agreement. In-situ hazardous materials problems are the sole responsibility of the Customer. D:\Proposals',.COHB\Scope of Work.doe 2 09/10/98 City of Huntington Beach Alk • Cit, of HB to remove existing chain-link fence in storage area to clear a path of travel for the chillers. Chillers will be rigged to the roll-up door and rigged onto a disposal truck. Specific Scope for Each Phase Phase 1: Lighting Retrofit Engineering for the lighting retrofit (including ally structural or electrical when required). Energy savings calculations. Procurement and installation of materials (bulbs, ballasts, fixtures. etc..). General Scope and Conditions for Lighting Retrofit: Site survey and "As-Built" Conditions. Document and deliver to Customer a written survey report of each area retrofitted containing field measurements indicating the pre-retrofit and post-retrofit foot candles and ,�attage load measurements for lighting circuits affected by the lighting retrofit. Storage of Materials on Site. Provide for the delivery of all required materials to the project site and for placement of separate and secure storage containers at each project site. Placement of the Haul-a-way t,pe containers would be coordinated with the customer and special care wil{ be taken to prevent damage to surface areas. Also, we have predetermined the packaging, for many fixture types and have made arrangements to have much of our materials palletized. This will niinimize our storage requirements and greatly reduce the amount of debris typically generated on these types of construction projects. Disposal of Construction Debris. NVIIl use reasonable efforts to recycle the bulk of all wrappings, containers and boxes to be removed from the project sites in the course of construction. Provide for separate trash containers and recycling bins and have included this cost in our "Scope of Work". This includes the removal and disposal of all miscellaneous fixtures. fixture-parts, components and other electrical parts, proper disposal of all Non-PCB ballast. and for lamps not containing hazardous materials. Provide for the disposal and/or recycling of all non-hazardous ,paste materials that are to be removed. Handling of Hazardous Materials. Sempra Energy Solutions shall provide for the removal and disposal of PCB ballast and mercury-containing lamps. In all cases where hazardous waste materials are stored on site. caution will be taken to minimize the exposure of materials to students. Customer personnel and others. This includes the isolation of hazardous waste substances and posting of caution and warning signs in compliance with the laNvs of the State of California and OSHA. In-situ hazardous materials are the sole responsibility of the customer. If during the course of the lighting retrofit work such materials other than noted above are encountered, the work will be stopped and the Customer infonited. Customer shall provide for the removal and disposal of all friable asbestos material. Ballast Disposal. Sempra Energy Solutions shall provide for removal of all fluorescent ballasts from fixtures, both PCB and Non-PCB. All ballasts containing PCBs will be stored in steel drums (17C or i7H- » gallon drums)and placed in a containment area as determined by the Customer. Post OSHA-approved warning signs in compliance with State D:\Proposals\COHB''\,Scope of Work.doc 3 09/10/98 Cite of Huntington B h and Federal laws governing the storage and confinement of hazardous waste materials and general safety practices. Label all drums for proper manifestation and material tracking. All hazardous waste manifests will distinguish the Customer as the "Waste Generator" per the laws of the State of California and Federal EPA. Ensure that all materials are hauled away by a State Approved "toxic Waste Hauling Company" and "ill insure that Customer receives proper and legal documentation. All ballasts containing PCBs shall be disposed of b" i►:cineration. All non-PCB ballasts \vill be placed in dumpsters and disposed of with, no additional charges to the Customer within the scope of the disposal contract. Once materials have been hauled away, Sempra Energy Solutions will ensure that customer receives "Certificates of Destnrction/disposal" for PCB ballast removed. Lamp Disposal/Recycling. The recycling/disposal includes all lamps, both HID and fluorescent, knov.-n to contain hazardous mercury substances. Sempra Energy Solutions will package all lamps for removal from each location and arrange for their disposal/recycling in compliance with the laws of the State of California. The cost includes all packaging of materials, storage containers and labor associated with removal of materials. The lamps will be recycled in compliance with the laws of the State of California. Protection of\Vork .Areas During Construction. The necessary steps will be taken to ensure adequate protection of all work areas including that they will be cordoned off where machinery and tools are in operations. All industry standard safety requirements will be employed during construction. In addition.Sempra Energy Solutions will use marking tapes in classrooms and office areas. The locations of desks and other furniture shall be marked, to assure that all furniture moved in the course of construction is put back in their precise location. Special care shall be taken in covering and protecting furniture. animals. science projects, video equipment, computers, etc. A cleanup person will be assigned to ever crew whose sole purpose is to ensure order and cleanliness in every area where work occur_. Seismic Issues. Anv seismic issues that may arise on the Project will be explored and dealt with in a timely manner. Sempra Energy Solutions will work closely with the Customer to coordinate any issues which may pertain to DSA and to minimize whatever associated costs there may be. Sempra Energy Solutions will meet all applicable safety requirements ir: the fastening and securing of seismic wires, clips and fasteners in compliance with state and local codes. Testing for Continuity and Grounds. All circuits affected by the lighting upgrade will be tested for continuity and grounds. Commissioning.. Commissioning shall consist of random inspections of new fixture installations_ inspection of wiring and branch circuit layout incompliance \with the electrical engineering plans, inspections and physical testing of occupancy sensors (if installed). switching. and dimming controls (if installed) and inspections of various fixture retrofits, ballast wiring, conditions of socket pins, lenses, fastener and the fixture cleanliness. Operating conditions will be verified, accepted or rejected per the requirements of the Customer. "As-Built' Drawings. "As-Built"drawing(s)delineating the final "As-Built" configurations will be completed at the end of the project. D:\Proposals\COHB\Scope of Work.doc 4 09:10/98 City of Huntington each Phase II Mechanical Scope Civic Center • Convert dual duct to VAV in AHU;—2 and SF 1.2 R 3. • Replace the existing double duct mixing boxes with double duct pressure independent VAV boxes. • Remove flex duct hiQh side ducting betNNeen the main ducts and mixing boxes. Replace flex duct with solid galvanized metal duct. • Remove existing common shaft hot and cold duct zone mixing dampers and replace with Titus double duct VAV boxes. • Provide and Install VFD on supple fan that is DDC controlled, and install nexv premium efficiency motors. • Provide and install DDC zone control of new VAV boxes using zone sensors instead of the existing zone thermostats. • Provide and install DDC control of chilled and hot water valves at each AHU will also be accomplished. including replacement of hot and chilled water valves with DDC controlled two way valves. • Convert multi-zone system to VAV in AHU's l,_') 5A6 • Install new chillers with primary:%secondary pumping and VFD's on chilled water pumps. • Install ASHRAE 15 ventilation monitoring in chiller room. • Install two new _as fired domestic boilersv • Install new cooling tower. • Install premium efficiency motors on remaining motors. • Connect a 300-ton'temporary chiller to the existing central plant. Temporary chilled water hoses to run throuQh service corridor. The roll-up door will have to be left at least 6" up for pipes to pass. Mesa will provide ramps over hoses at all paths of travel • Demo and disconnect existincy chillers and Rig out existing chillers through double doors • Provide and install one (1) new. 280-ton centrifugal chiller xvith a VFD and one (1) new 100-ton screw chiller. Chiller manufactured by Trane Co. Equipment Pads will be modified as required. • Provide and install new ASHREA 1; ventilation and dual-CFC monitoring system. Existing exhaust fan will be removed and replaced with new fan. • Demo existing piping as required. • Re-pipe chillers to primary/secondary configuration. + Provide and install rwo (2) in-line primary pumps. • Provide and install all required isolation and hangers • Provide and install t\°o new VFD's on existing CHW pumps. • Insulate piping and pumps as required. • Provide all required electrical service to chillers; in-line pumps.. VFD's and fan. • Provide and install new DDC controls to central plant with new control valves and premium efficiency motors. • Mesa will provide complete design;'build engineered documents and commissioning plan. • Work to be conducted v.ithin a seven-(7) day window. The work will begin on a Friday with the connection of the temporary plant. The decommissioning of the existing plant will begin on Saturday and the rigging out and in of the new chillers will occur on Sunday. The remaining piping will be completed between Monday and Thursday between the hours of 6:00 ANI and 6:00 PM with commissioning scheduled for Friday. D:\Proposals\COHB\Scope of Work.doc 5 4i7/98 City of Huntington Beach • Disconnect & remove existing boilers from existing pads. • Remove brackets from existing boilers. • Modify gas and condei;sate piping.at access hatch to exterior. • Ric, old and new boilers through existing access hatch. • Provide and install two (2) new Lochinvar CBN-095-F7 boilers. • Modify existing piping configuration as required. • Modify existing concrete pad as required. • Provide and install DDC controls for temperature and status. • Decommission existing cooling tower. • Remove existing cooling tower and rig in new isolation rail system in place. • Provide and install a new 350-ton BAC cooling tower with two (2)- two-speed fans. Tower to be constructed of 304 stainless steel. Due to structural considerations Mesa will also evaluate the application of a 'Tower Tech' Fiberglass Cooling Tower with two cells and tiro-fans per cell. • Rig in new cooling tower onto new isolation rail system. • Re-pipe cooling tower as required. • Reconnect existing chemical treatment system. • Provide and install DDC controls • Mesa will provide complete design/build engineered documents and commissioning plan. • Rigging to be conducted during the weekend between the hours of 6:00 AM and 7:00 PM (Saturday). Due to the anticipation of a temporary plant for central plant work we are scheduling the re-piping to be conducted between the hours of 7:00 AM and 3:00 PM on the weekdays. Library • Convert multi-zone to VAV in AHU's 1.2.3 & 4. • Install premium efficiency motor on remaining motors. • Remove the existing multi-zone damper sections and replace with new separately controlled hot and cold deck dampers. • Install VFD on supply fan that is DDC controlled and install new premium efficiency motors. • Install DDC control of the new dampers. • DDC control of chilled and hot water valves at each AHU will also be accomplished, including replacement of hot and chilled water valves with DDC controlled two way valves. • Install primary/secondary pumping for the chilled water system including VFD's on chilled water pumps. • Demo existing piping as required. . • Re-pipe chillers to primary/secondary configuration. Provide and install one- (1) in-line primary pumps. • Provide and install all required isolation and hangers • Provide and install new VFD's on existing- CHW pump. • Insulate piping and pumps as required. • Provide all required electrical service to chillers, in-line pump. VFD's and fan. • Provide and install new DDC controls to central plant with new control valves and premium efficiency motors. D:\Proposals\COHB\Scope of Work.doc 6 09/10/98 City of Huntington Beach • Work to be conducted within a three- (3) day xvindow. Tile decommissioning of the existing plant will begin on a Friday evening and the remaining re-piping will be completed on Sunday. Work,, ill be conducted between the hours of 6:00 AM and 6:00 PM with commissioning scheduled for Friday. CITY YARD BUILDIINGS •. There are several buildings in this complex that have old equipment in need of replacement as well as the need for programmable time clocks for maximum energy efficiency. Administration Building-Building A • Install one ea. Programmable 365-day time clock to replace the existing time clock. Maintenance Yard- Building B • Replace two. Lennox 3 ton and 1 ea. Lennox 5-ton gas electric unit with new high efficiency gas electric units. Office Area- Building C • Replace three. Lennox 4 ton Qas electric units and I ea. 5 ton Lennox gas electric unit with high efficiency gas electric units. Signal Shop • Remove and replace 1 ea. 2.5 ton split system unit and install I ea. Warehouse for Building E • Install 1 ea. Ne%% roof platform and replace I ea. 3 ton packaged heat. Sign Shop • Remove and replace I ea. 2.5 ton packaged heat pump and replace 2 with 1 ea. High efficiency packaged heat pump. Heil Street Fire Station • Install two (2) Rheem 12.0 SEER. 3 ton condensing units Bushard Fire Station • Install two (2) Rheem 12.0 SEER; 3 ton condensing units. • Install two- (2) Rheem 80%efficient counter flow, 3-ton furnaces D:\Proposals\COHB\Scope of Work.doc 7 09/10/98 City of Huntington Beach _ Edison Community Center • Install five (5) new 80% efficient furnaces • Install two (2) 230-3 phase. 10+ SEER -ton condensing twits and one (1) new 7.� ton condensing unit. Murdy Community Center • Install four(4) new SO% efficient furnaces. • Install two (2) 230-3 phase. 10+ SEER -ton condensing units and one (1) new 7.3 toll condensing unit. Warner Fire Station • Replace existing ac unit with one (1) Rheem 3-ton package unit. Clarifications and Exclusions Sempra Energy Solutions has made all reasonable efforts to coordinate and verify visible existing conditions. Unforeseen conditions may require an increase in scope and/or cost. Sempra Energy Solutions excludes any required upgrades to existing structures or existing systems (to remain), currently in violation of any local and/or federal code. Removal and disposal of existing equipment and materials will be per local codes. Associated electrical work for all scope identified in this proposal is included.in our pricing. Sempra Energy Solutions' subcontractors will provide required electrical design documents. Sempra Energy Solutions does not anticipate asbestos abatement for any building materials. Sempra Energy Solutions' subcontractor has included required 'Glove-Bagging' abatement of any asbestos pipe insulation and abatement of asbestos materials in cooling towers only. Hygienist services will be provided by Ambient Environmental. Asbestos Abatement will be provided by Crest Environmental. All new floor; roof or wall surfaces will be patched to match existing surfaces. All mechanical, electrical (construction) and environmental permit fees are NOT included within our pricing. All required equipment platforms and isolation is included in our pricing. However, additional structural support requirements are NOT included within our pricing. Materials, equipment and tool deliveries to be conducted during normal business hours. Rigging of equipment, materials and tools to be conducted during weekends between the hours of 7:00 Aiv1 and 4:00 PM. Sempra Energy Solutions will provide complete design/build services for this project. \'ire have included the engineering fees within each Energy Efficiency Measure pricing structure. Sempra Energy Solutions will provide a Commissioning Plan to the Cit}: of Huntington Beach. There is no assumed intent to comply with a third party commissioning agent's plan. D:\Proposals\COHB\Scope of Work.doc 8 09/10/98 QC T 22 1998 11 _1 FRnc AL COR= 92573©64c5 TO 917143755099 P.02/_�4 � ,x __^pp;.•- 1 r e GE Capital GF'rojai ptarcFinale.inc. A o,:;t of Gene!.,!rrec^r:C4,: . 612,Srrntr";1Wr:Math fit;..$;iir. atQ Nwjl .9rmv,-.(;4 CWf6 October 16, 1998 SOO eSl-792 Mr. Richard Amadril Purchasing/Central Service Manager City of Huntington Beach 2000 Main Street Hungtington Beach,CA 92648 RE: Energy Conservation Project Financing Dear Mr. Amadril: In cooperation with Sempra Energy Solutions, please accept this letter as confirmation of GE Capital Public Financc,Inc.'s (GECPF) interest in providing tax-exempt financing based on the following terms and conditions. Lessee: City of Run6ngton Beach Energy Services Company: Sempra Energy Solutions Equipment Description: Energy Conservation Equipment Total Project Cost: S2,886,893.00 Term: 12 years Interest Rate: 4.68% Payments: Semi-Annual in Arreus with first payment commencing 12 months after escrow close(see attached Payment Schedule) Documentation: A Master Lease Agreement, Schedule(s) and related documents as applicable under the Code for tar exempt financing. Escrow Account: Funds will be deposited into an Escrow Account on behalf of the Lessee for the acquisition of Equipment. The Lessor will be responsible for any escrow/agent fees and any other expenses associated with the establishment of the account up to S1,600. Lessee shall be responsible for any additional fees. Interest will be charged to the Lessee under the Lease upon deposit of fitnds into escrow. Interest earnings from the Escrow Account will accrue to the benefit of the Lessee. Disbursement from the escrow will be for operationally complete phases. OCT 22 1998 11: 11 FR GE CAPITAL CORP 9257306495 TO 317143755099 P.03%04 Mr. Richard Atnadril October 16, 1999 Page Two J~ Prepayment: The Lessee %11 build equity in the equipmem with each Lease payment and will have the option to prepay its obligations under the Lease wlrhour pepwhy. The Lessee will awn the ecarmant free and clear of GECPFs lien after the last Lease payment. Proposal Expiration: 'Phis proposal must be accepted by November 3, 1998. If an acceptance is not received by this date,the quoted interest rate and payments adjust to correct market conditions,unless extended in writing by GECPF. If an acceptance is received by November 2, 1998,the interest rate and payments will be valid for Amding into escrow until December 3, 1998. This ktter eVresses the willingness of GECPF to seek the additional approvals necessary for this transaction and is.delivered to you with the understanding that its contents will be kept strictly confidential by you . This letter shall not constitute a commitment, Any such commitment would require the prior approval of GECPF's credit committee and the negetiatian of a definitive structure and documents in an acceptable form as%NvIl as a legal,opinion or opinions satisfactory to our cou nwl. No rights,liabilities or obligations shall arise as a result of this letter or discussion we have had or may have in the fiture prior to execution of the definitive documents and the satisfaction of each precondition to closing. Further,notwithstan&g the execution of such documents, in the event a bid protest or any other challenge to the transaction is made prior to the Airdrop of all or part of the transaction,GECPF shall have no obligation to proceed with the transaction. GECPF may decline fiuther cartsidemtion ofthe transaction at any poiat in the approval process. If this proposal is acceptable,please sign below and return this letter to GECPF. Upon receipt of acceptance,GECPF will begin its review process. Proposal Accepted By: City of Huntington Beacb 5ipature: Name: Date: Please can me at 1-800-854-2792 ahould you have any questions. sly, Rebecca Lowe - Region Sales Manager OCT 22 1999 11; 12 FR GE CAPITAL CORP 9257306495 TO 917143755099 P•04%04 �• GE Capital Public Fiaanc.c, II* • Payment Schedule for City of Huntington Beach PW&g Die .......................... ... Der4l-98 Cou pon Rate ........ ................ .... 4 680U°i. Payment Total Pri wipal Unwel Pri t6pal d4 c NIMAM Payntatt cotrtponatt cat Halwoo' Dn4%01-98 0 0.00 OM 0.00 2,886,89J.00 Deo01.99 1 167,411.30 32.374.71 135.ID6.59 2,954,319.29 Jun-01-00 2 167,431.30 100,685.57 66,795.73 22.753,832.72 Deo•0;-00 3 167,441.30 1D3,041.61 .64.439.69 11650,791.11 Jun-01-01 4 167.481.30 105,432.79 62,028.:1 2,543,335.32 Deo01-01 5 167,481,30 107,920,38 59,360.92 2,437,41194 Jem-01d,2 6 167.481.30 110,445.72 57,035.58 7,326,972.23 DW41.02 7 167A81.30 113,030.15 54,01.15 2,213,942,07 7un-01.03 8 167,481.30 IIS,675,06 51,606.24 2,098,267.01 Deo41.03 9 167,481.3L 118,381.85 49,099.45 1,979,885.16 Ut-01-04 10 167,481.30 121,151.99 46,329.31 1,838,733.17 Dea01.Oa 11 167,481.30 123.986.94 43,494.36 1,734,746.23 Jun-0145 12 167,481.30 124.888.24 40,593.06 1,607,857,99 Der01.05 13 167.481.30 129,157.42 37,623.98 1,478,000.57 h1Q.01.06 14 167,481.30 13218%.09 34,585.21 1,345,104,48 DID01-06 1$ 167,491.30 116,005.26 31,475.44 11209,092.64 Jun-01.07 i6 167.481.30 139,188.39 28,292.9. 1.D69,910.23 Deo41-07 1 167,481,30 142,445.40 1.5.035.90 927,464.93 Jun41-0s 18 167.48QO 145,778.62 21,702.68 781.686.21 Deo•01-08 19 167,481.30 149.199.84 18,291,46 632,496.37 J 0.41-09 20 167.481.30 152,680.89 14.900.41 479,815.43 De"1.0.9 21 167,481.30 156,253.62 11.237.68 323,361.96 Jun-01.10 22 167,451.30 I59,909.95 7,571.35 163.651.91 D"wo 23 167.48i.3o 163,651.91 3.829.39 0,00 TOTAL 3,852,069.90 2,886,893.00 965,176.90 •AAw paymece of ratlnl peytneot due on such date x TOTAL PAGE.04 >w1c CONTRACT BOND-CALIFORNIA Bond No.B257 90 71 Premium:$10,104.00 RELIANCE INSURANCE COMPANY HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA KNOW ALL MEN BY THESE PRESENTS That We, Pacific Enterprises Energy Services.dba Sempra Energy Solutions as Principal,and RELIANCE INSURANCE COMPANY, a corporation organized under the laws of the State of Pennsylvania,and duly authorized to transact business under the laws of the State of California as Surety,are held and firmly bound unto The City of Huntington Beach as obligee,in the just and full sum of Two Million Eight Hundred Eighty-Six Thousand Eight Hundred Ninetv-Three and No/100ths-------------------------------------------------------- -----------------------------------------------------------------------------------------------------------------------------($2,886,893.00---------------)dollars,for the payment whereof will and truly to be made,said Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. The Condition of the foregoing obligation is such,that whereas,the above bounden Principal has entered into a contract of even date herewith,with the said obligee to do and perform the following work,to wit: Desien,construction and testing for an energy retrofit project of facilities located with the CITY's geographic boundaries ("Proiect") as will more fully appear from said contract,reference to which is hereby made. Now,Therefore,if the above bounden Principal shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void,otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the obligee named herein. Signed and sealed this 201h day of October A.D., 19 98 Pacific Enterprises Energy Services, WITNESS: dba Sempra-Energy Solutions _ By: 0,,.l1/ee 4 —Bona-ul U. Liddeii, Secretary Principal (: RELIANCE INSURANCE COMPANY _ ... By Debra J.Niemeye, ' Attomey-in-fact. �— BR 2801 ED,JUNE 1968(CALIF.) State of California ) County of San Diego ) On October 20, 1998 before me, Darci Lyn Dora, Notary Public, personally appeared Debra J. Niemeyer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DARCI LYPJ DORA t : comm. #1156632 c7 va =--•; A PIOTARYPUBLI"ALIFORNIA CQ U UfC SAN DIEGO COUNTY n M! uOmm,ssion Expires —` yy SEPTEMBER 26,2001 • • • 1 gg i M0 0 ' D • RELIANCE SURETY COMPANY _- RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE-0FFICE, PHILADELPHIA'PENNSYLVANIA fo POWER OF ATTORNEY,' KNOW ALUMEN BY THESE PRESENTS, that RELIANCE_SURETY COMPANY is a.cor'poration duly organized under the_laws_of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and thiV,RELIANCE NATIONAL INDEMNITY,COMPANY is a corporation;duly organized;under the laws of the State of'Wisconsin (herein collectively called the bompanies") and that the Companies by virtue of signature arid seals do hereby'make, constitute and appoint Debra J.Niemeyer, of Sari Diego; California their true and lawful Attorney(s)-in-Fact,,to.make; execute;-seal and deliver for and.9n their.behalf,"and as their act and deed-any and all bonds and undertakings of suretyship and to.bind the;Companies thereby.as fully' .and to the same extent as if:such bonds and undertakings and-other writings obligatory in the,nature thereofwere signed by an Executive Officer:of the `Companies and sealed and attested by one other of such officers and hereby ratifies and confirms all that their,said Attomey(s)-in-Fact may do in ..pursuance hereof. This Power':of Attorney is granted under and by the authority. of Article`UII'of the By=Laws of-RELIANCE" SURETY COMPANY, .RELIANCE .INSURANCE••.COMPANY, UNITED PACIFIC INSURANCE :COMPANY, and;.RELIANCE .NATIONAL' INDEMNITY".,COMPANY ''which provisions are now in;full force and effect, reading as.follows ' .ARTICLE VII EXECUTION OF.BONDS AND UNDERTAKINGS - 1 The Board of Directors the-•President the Chairman of the Board,any.Seninr Vice President any Vice President orAssistant:Vice President or other officer designated by_the Board of_ :Directors shall have power and_authon to_(a)a oint Attome (s)in-Fact and to autboiiza them to execute:on behalf,of the Com bonds'and undertalun s recognizances;contracts of mdemnrty Pow _ tY PP Y Perry g = 4and other writings obligatory in the nature thereof,�and(b)to remove any such Attorneyfs)m Fact at any time and revoke the ppwer•arW authority given to them. 2 Attorneyfs)-in-Fact stall have power and authority;subiect to the terms-and limitations of the"Power of Attorney issued to them to`execute deliver on behalf of the Company,bonds — and undertaken - kL. undertakings, contracts of indemnity and other writings obligatory in the-.nature thereof. The;corporate.seal_is not necessary fo(the vandiry of any bonds and undertakings,_ .' recognizances,contracts of indemnity and other writings obligatory.in the nature thereof. 3. Attorneyfs)m-Fact shall have power and authority to execute affidavits required to be attached to bonds recognizances contracts of%indemnity or other conditional or obligatory_ - undertakings and they shall also have power.and authority to certify the financial statement of the_Company`and tti copies of the..-By.Laws of.the Company or any article or section thereof- ..This Power of r=: - '" `... .5• , t .c Attorney is signed and sealed by facsimile under and by authority of[he'following resolution adopted by the.Executive and Finance Committees.of the Boards of Directors`of Reharice' ,.,a --- ,.. - 'Insurance Company, United Pacific Insurance Company and Reliance National'Indemnity Company by Unanimous:Consent-dated ai of February`26: 1994 and by the Executive and Financial : Committee of the Board of Directors of Reliance Surery.company by:Unanimous Consent dated as of March 31 1994- _ - 'Res'olved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of`Attorney or any certificates relating thereto by .. ., - -_-- g:p e Company and any-such Power so _ facsimile and any such Power of Attorney;or certificate bearing such facsimile signatures or facsimile seal`shall be valid and binding upon th 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 orundertaking to which;et is attached.' IN WITNESS WHEREOF the Companies have caused these presents "to be signed and their-corporate seals "to'be hereto affixed this 1996. RELIANCE SURETY COMPANY. . RELIANCE INSURANCE COMPANY a r� .wstr UNITED PACIFIC INSURANCE COMPANY, �P•o�l� � °��•o''" '�'SEAI RELIANCE NATIONAL INDEMNITY COMPANY 19 r SUL I78ZALw IrO.IIr STATE'OF;.Washington" } _ = _ - .COUNTY OF-_King -ss On this; July,19 1996,=1":me Janet Blankley, personally appeared-=Mark_W Alsip, who acknowledged himself t 10,be the ."Vice President of= the Reliance;Surety Company_:and the.Vice President of Reliance Insurance Company,"United-Pacific Insurance`Company land::Reliance"National Indemnity Company.and,that as-such,'being authorized to do so, executed the-foregoing Instrument for,the purpose,therein contained fy slgrnng the name of-the corporation by himself,as its duly authorized officer. pBlq In witness whereof I hereunto set my hand and official seal ���,�s Q4�/f� oil•:: 'ice to NOTARY-N _ - _ - _=3 - I � - Z` P�USUC = b 12-29 97 0= SlFOFYypsl�� ~: No ry Public m and for the"State of Was ngton = Re ding at_Puyallup I Robyn Lay-fig, Assistant Secretary.of;RELIANCE;SURETY COMPANY-RELIANCE INSURANCE-COMPANY UNITED PACIFIC INS"URA CE COMP`_ _ ANY``,and-.RELIANCE`NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true"" and ;correct copy of ftie Power: of Attorney executed by said Companies,which is" till in full"force and effect. IN WITNESS WHEREOF;:I have hereunto.;set my.hand and affixed the seals of said Companies s 20TH day of?. OCTOBER s y suL, s au , ,��+� Assistant Secretary •LAWAP e• __ •i •0 ,,,.� r • • G�I�1 f llr, �� RELIANCE INSURANCE COMPANY HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA Bond No.8257 90 71 Premium:Included in Performance Bond PAYMENT BOND CALIFORNIA-PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS,that Pacific Enterprises Energy Services,dba Sempra Energy Solutions as Principal,and the RELIANCE INSURANCE COMPANY,a Pennsylvania corporation authorized to execute bonds in the State of California,as Surety,are held and firmly bound unto The City of Huntington Beach as Obligee,in the sum of Two Million Eight Hundred Eighty-Six Thousand Eight Hundred Ninety-Three and No/100th s----------------------------------------------------------------------------------------------------------------------------------------- -----------------------------------------------------------------------------------------------------------Dollars($2,886,893.00-------------) for which sum we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally by these presents. The Condition of the above obligation is such that,Whereas the Principal on the day of , 19 ,entered into a contract with the Obligee for Design,construction and testing for an energy retrofit project of facilities located with the CITY's geographic boundaries ("Project") NOW,THEREFORE,if the original contractor or his subcontractor fails to pay any of the persons named in Section 3181,or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract,or for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractor pursuant to Section 13020 of the Unemployment Insurance Code,with respect to such work and labor that the surety will pay for the same,in an amount not exceeding the sum specified in the bond,and also,in case suit is brought upon the bond,a reasonable attorney's fee,to be fixed by the court. This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181 of the Civil Code of the State of California,so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed and sealed this 20th day of October 19 98 Pacific Enterprises Energy Services, dba Sempra Energy Solutions c^,a.. B L'4:. D_%P�_1. y City lttorriey Donald C. Liddell, Secretary RELIANCE INSURANCE COMPANY By Debra J.Niemeye ttorney-in-Fact BDR-2804 ED.7/83 (CALIF.) State of California ) County of San Dieu) On October 20, 1998 before me, Darci Lyn Dora, Notary Public, personally appeared Debra J. Niemeyer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DARCI LYN DORA U COMM. #1156632 0 V NOTARY PUBLIC-CALIFORNIA N 4 iE N MM COUNTY n /� l✓�--- i;ommission ExPTEMBER 26,200i d ilia f :RELIANCE SURETY COMPANY _ RELIANCE INSURANCE.COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY El .ADMINISTRATIVE"OFFICE, PHILADELPHIA,PENNSYLVANIAh `, = POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,that RELIANCE SURETY"COMPANY is a corporati6n'1duly organized under the laws of the"State of Del- j aware,.and that RELIANCE"INSURANCE:COMPANY acid<`UNITED PACIFIC INSURANCE COMPANY,are corporations duly organized.under the laws of the Commonwealth of.Pennsylvania and that-RELIANCE,NATIONAL INDEMNITY COMPANY is a corporation duly organized"under;the laws of the State of Wisconsin (herein collectively called "the_Companies"I..and that the Companies.by virtue rof signature`andseals'do:hereby make, constitute and appoint Debra J.Niemeyer of San Diego- California their true and lawful Attorneys)-in-Fact to make execute seal and deliver for i and:on their,behalf, and as their act;and deed-any and_all bonds:and undertakings of suretyship and to bind the Companies thereby.as fully and.to the'sarna extent as if such bonds and"undertakings and�other'writings obligatory in the nature thereof were signed by an3Executive.Officer of the Companies and-sealed and`.attested by:one other of"such officers; and hereby ratifies and confirms all that their said Attorney(s)in-Fact may do in pursuance hereof.._ This"Power of'Attorney Is granted:under.�and.by the.buthonty`of Article VII'Of-the By-Laws of RELIANCE SURETY,COMPANY, 'RELIANCE. INSURANCE .,COMPANY- UNITED;:PACIFIC'INSURANCE. COMPANY, and.'RELIANCE NATIONAL;'INDEMNITY COMPANY .which provisions are now in full force and effect reading as follows { ARTICLE VII EXECUTION OF BONDS AND UNDERTAKINGS .. 1. The Board of Directors the President,the Chairman of the Board any Senior Vlce PresrdenY any Vice President or Assistant Vice Resident or other officer designated by the Directorrshall have power end authority-[o Ala)appoint Attorrieylsl In-Fact and to authorize them to axecute on behalf of the Company,bonds and undertakings recognlzaheA,contracts-or-tndemmty__:--,.. and other wntings_obltgatory to-the nature thereof,and Ib)to remove any such Attorney(sl In Fac[at any Gme and revoke the power and authority given to-them -_.2 Attorney(s)-in-Fact shall have power and"authority;subject to:the terms and hmlfations of the�Power of Attomey issued totham, to execute deliver on behalf 0 the Company,bonds- and undertakings;recogNzances,contracts of Indemnii4ity and other wdtingaobiigatory In the nature thereof. The corporate seal is not necessary for rile Velidiry a/any bonds end undartalungsu. recognlzances,contractibf Indem_ mty-end--other writings obligatory m the nature thereof -,,.--_- -. - _ >- . > - -�;3 Attorneys)-m-Fact shall have power-and authority to execute affidavits regyved to be at4ached to bonds recognizancas contracts of mdemNty or other conditional orob igatory _ undertakinj)s and they.ahall also'hava power and`authonryto certify the finenaal statementoF tlieyCompany'arid to copies of[he;By Laws of the Company or any article or saotjori thereof .This Power of Attorney la signed and seated by tacslmde under;and by autfionty ofPthe following resolutlod adopted by the Executive and Finance Committees of the Boards ofDirectors of Reltanca_ 1 Insurance Company;=united Pacific Insurance Company end'Reliance National Indemnity Company by Unanimous Consent dated as of February 28 ct994 and by the Executive end Finannal';, Committee of the Boara of Directors of Aetisnee Surety Company by Unammous Consent dated as°of March 31,1994. ti -'-Resolved:that the signatures of=-such directors and-officers and the seal of the.Compeny maybe affixed to any such:Power of Attomey or-any cerflficates relating thereto=by '�;facsimlle,and any such Power ofAt'iamay or Bertiflc- "'bearing=such.facsimlle signatures or facsimile seal shall be valid=and binding upon the.Company and any.'siich Power�so executed and certified by facsimile signatures and facstmlie seal shall be valid and binding upon the Company,m the fuiura with respect to any bond tjr undartaking'ao whlchJt is attached ;. _ IN-WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this duly 19 .1996. z. _ "� _ - URETY .I a :� -~ �•�' - ECO � ; ?- S _i MPANY y RELIANCE INSURANCE COMPANY a +�'i"Ar UNITED PACIFIC INSURANCE COMPANY ��•o+,,�: - �f p ; RELIANCE NATIONAL INDEMNITY COMPANY ��- _ � -SfAL4 � T .`._ � lltf�lL" � � `IM•�� _ «` F�� �t�sti - ? • .k tom. - +STATE OF Washington COUNTY OF King }`s"s g _ t " - -; 4t -.: - Rom'`` ;On-this=July;19, 1996 before:me Janet Blankley personally appearedMark W Alsup,who acknowledged hirnself to be the Vice Prasjdent of :the Reliance•Surety Company :and the_Vice President;of Reliance insurance Cornpany, United Pacific insurance Company and Rehance:National :Indemnity Company and:that as=such sing authorized''-to do so ext uied the foregoing Instrument focthe purpos therein contained b Isfgning__ - .the name of the corporation by himself as its duly authorized;officer In witness whereof, 1 her`eunto-set my hand and,official seal • �� rys = _ an = t PUBLIC 17 v a -7jEo Gi No ry Pufilic in and;for tht3 State of V1las ngton 3 FWASN� Re ding at Puyallup; __- 3 10Z 1 Robyn Layng "Assistant Secretary of RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURA CECOMP ANY 'and RELIANCE NATIONAL INDEMNITY_COMPANY do hereby certify that-the above and#oregorng'is a true and correct copy ofythe Power= of Attorney executed by-said Companies which is still_in fullforce and e'f_fect IN WITNESS WHEREOF,--I have hereunto set my:hand aril afflxed the seats of said Compartles s 20THr,day of OCTQBER 2 1998 l ; s ; v s suc�� _ aQr1L" ± • �5���' � F ... Assistant Secretary t �RAwra� �r ,ti►►l�` T , ` `� a ry� F • .• • MR101111IFT • Fxh, bi f itD`` WARRANTY BOND Bond No.B257 90 71 Premium: Included in Performance Bond RELIANCE INSURANCE COMPANY HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA KNOW ALL MEN BY THESE PRESENTS,that we Pacific Enterprises Energy Services,dba Sempra Energy Solutions as Principal,and RELIANCE INSURANCE COMPANY,a Pennsylvania corporation,as Surety,are held and firmly bound unto The City of Huntington Beach as Obligee,in the full and just sum of Two Million Eight Hundred Eighty-Six Thousand Eight Hundred Ninety-Three and No/100ths---------------------------------------------------------------------------------------------Dollars($2,886,893.00-------------------). For the payment of which sum,well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the said Principal entered into a contract with The City of Huntington Beach dated for design,construction and testing for an energy retrofit project of facilities located with the CITY's geographic boundaries("Project"). WHEREAS,said contract provides that the Principal will fumish a bond conditioned to guarantee for the period of One year(s)after approval of the final estimate on said job,by the owner,against all defects in workmanship and materials which may become apparent during said period,and NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if within One year(s)from the date of approval of said contract,the work done under the terms of said contract shall disclose poor workmanship in the execution of said work,and the carrying out of the terms of said contract,or it shall appear that defective materials were furnished thereunder,then this obligation shall remain in full force and virtue,otherwise this instrument shall be void. PROVIDED HOWEVER,this Warranty Bond is only furnished in accordance with the warranty provision of the underlying contract. Signed and sealed this 20th day of October 19 98 . Pacific Enterprises Energy Services, Witness: dba Sempra Enerev Solutions Donald C. Liddell, Secretary l_`+orne.y. Principal C.;Dsr / ,? T'ne�% EY:. RELIANCE INSURANCE COMPANY By Debra J.Niemeyer, ttomey-in-Fact BDR-2308 ED. 12/82 State of California ) County of San Diego-) On October 20, 1998 before me, Darci Lyn Dora, Notary Public, personally appeared Debra J. Niemeyer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DARCI LYN DORA COMM. #1156632 0 NOTARY PUBLIC-CALIFORNIA CQ U ' a` SAN DIEGO COUNTY i My Commission Expires d SEPTEMBER 26 2001 • �• I I JA 4 1 IN • •- -• 2..1: RELIANCE SURETY COMPANY. �. RELIANCE_ INSURANCE,COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY_ _. ADMINISTRATIVE OFFICE, PHILADELPHIA PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that,RELIANCE"SURETY.COMPANY is:a corporation duly organized under the laws-'of the State of Del- aware, and that RELIANCE INSURANCE COMPANY`h UNITED PACIFIC INSURANCE-COMPANY, are corporations di ly.organized under the laws of the Commonwealth of Pennsylvania and thaf:RELIANCE.NATIONAL INDEMNITY COMPANY is a corporation duly organized_under the laws of the State of Wisconsin (herein collectively called the Companies") and that the Companies by virtue of signature and,sea_Is do hereby make, constitute and appoint Debra J.Niemeyer,of San-Diego :California their..true and lawful Attorhey(s)-in-Fact to make execute.-seal and deliver for. and on their.behalf, and.as their_act and deed'any and allbonds:and undertakings of suretyship and to bind the Companies thereby as fully and.to the same extent.as if.such bonds and.u ndertakings and=other writings obligatory in the'nature thereof,were signed by aft_Executive Officer of the Companies and sealed and attested by_one other of officers,"and hereby ratifies and confirms all that theirsaid-Attorn_ey(s►.in-Fact may do in -pursuance hereof This'.Po is as granted under a"nd by "the authority of;Article Vll,of::the By-Laws of.RELIANCE SURETY'COMPANY,': RELIANCE;INSURANCE=;COMPANY,` UNITED PACIFIC`'INSURANCE COMPANY and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in.fu11 force and effect,reading as follows ARTICLE VII EXECUTION OF BONDS AND UNDERTAKINGS S 1 The Board of Directors the Presddent the Chairman of the Board any Sernor Vlce Preside t any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and-authority-to(a1_appcint Attomey(s)-14F ct and to authorize them to:e_xecute on behalf of;the Company-bonds and undertakings recognizances contracts of indemnity--_ - and other writings obligatory in;tha nature-theraofrand(b)to remove any such Attorney(sl tn-Fact`at any time and revoke the power_end authority given tot ZZ 2 AttomeYls)In-Fact shall havepower and auMority;sublet[to the terms-end limitatfio-ris of th Power of Attomey issued[o$[lain, to execute deliver on behalf of the Company,bonds-; and undertakings'recagnlzences;contrects'of 1' i iiinity and other wrb_ngs obllgatory,in the ature thereof-=The corporate seal-is not necessary for•the validity of any-bonds and undertakings }ecognizances convects of indemnity and other wnpngs obi gatory in the nature NZ 3 Attomeylsl m Fact shall have power and authority to execute affidavits.requlred to be attached to bonds rerngntzances contracts of indemnity or other wndrtlonal orobhpatory _ - undertakings and they shall also have power,and.authority to certify the financial statement of the Company end to copies of the By Laws of the-Company or any article or section thereof-- yk.t ":'This Power of Attorney Is signed and sealed by facsimile under and by authority of the_foll6;Mng resolution adopted by the Executive and Flnance Committees of the Boards of Direetorsof Reliance<' Insurance Company; United Pacific Insurance Company and Reliance National Indemnity Compeny'by Unanimous-Consent dated as of February 26;7994 end by the'Executiva and Financial Committee of the Board of Directors of.Reliance Surety Company by Unanimous Consent dated as of March 3t;7994 _ ' Resolved that the signatures of such directors and officers and the seal of`the Company mayEbeYaffuced to`any such Power of Aitomey or,any carnficates relating theret by F` • :I cslmile,and any such Power of Attorney�_or certificate bearing such-facsimile signatures'.or.facsimile seat ahall be 4alid,and binding upon;the Company and tiny'such Power so �$---- ,execuied and'certified facsimile signatures and facsimile seal shall be valid and binding upon the-Company-,in the future with respect-to any bond or undertaking.to whlcb'rt-Ism - - attached.- - IN WITNESS VIIHEREOF-the Companies have caused these presents'to beslgned and their corporate seals to be hereto affixed this July 19 .1996. _ r ac Y a - �' RE E LIANCE SURETY COMPANY _ ,RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY o.�� ••o :`+ •+ RELIANCE NATIONAL INDEMNITY COMPANY SGL• out; rots Iq�l STATE OF Washington }_ 3 ::, ` � __ :� On this;,July 19 1996=before me Janet Blankley personally appearedMark W. Alsup rwho acknowledged himself to;be the Vice President of r the Reliance Surety Company and the`Vice Presldent;of Reliance Insurance Company United-Pacific Insurance Company,-arid;RehanceNatlonal s _Indemnity Company and_that-as=sucF ,being authorized to do so;`executed the foregoing fnstrument4for the Purpose therein contained byrsigrnng :the name of the corporation by himself as its duly authorized officer P In witness whereof I hereunto set my hand and official seal a - - s t �1 12.29 8Z i -4lFaf- ` � No ry Public m and for the State of Was ngton k WASH Re ding at Puyallup x§ .. ,I Robyr- -ayng,''Assist-5- Secretary of,RELIANCE SURETY COMPANY RELIANCE INSURANCE=COMPANY UNITED PACIFIC INSURA CE'COMP � ANY, and:RELIANCE NATIONAL-_1NDEMNITY COMPANY do hereby certify that the abo et and foregoing is a true and correct copy of theYower, ;of Attor""nay executed by_sald Companies,which is still in full force and effect i IN 1NITNESS,WHEREOF",I have hereunto set my hand and affixed.the seals of said Companies r 20TH ;day fif OCTOBER 19 98 4e•roR•w ,)r`SEALL " + 6GL t s°R/w a� ` � � rr:� � •re+�! tan ry'. t Assis t Secreta i--------------------- • r• • •]won, q 0 yj g I el 4 M KORTA SENT BY:PORTLAND, OREGON :10-28-98 : 17:53 :J&H Marsh & McLennan 714 374 15904 2/ 2 ISSUE DATE MMlDO 10/28/98 :�a::. wr <<�i.: .:e"'«wl:. <:A,iar:: >rsre>,: :�: •<.:o;<aZi:;.1.S�t7>c err ry s: .:a•r• e7ri .... ...ve::.t�L`:S. :'�3.f'i,Q:i 3•':Y "•'i.l°'.5.......K.4'.... ..i .....}:eq>.'..........:......... yhi4C,.o: <%Y:7C:ir•Y:;»' PRODUCER THISC ED A]MATTER OF INF NLY AND J&H Marsh & McLennan, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 2700 U.S. Bank Tower POLICIES BELOW>D(TEND OR ALTER THE COVERAGE AFFORDED BY THE 111 Sand Sth Avenue Portland, OR 97204 COMPANIES AFFORDING COVERAGE Joseph E. Phillips ~- CO MPANY Y A WAUSAU UNDERWRITERS INS CO COMPANY INSURED LETTER B SEMPRA ENERGY SOLUTIONSCOM C/O SEMPRA ENERGY L ER Y C M- 101 ASH STREET SAN DIEGO, CA 92112Ea"Y D COMPANY LETTER , dada.».,. :...,><ue;««. <.:,•.:. ...<:.:_...,+..:..:...n,.....,...:r.>•::::::........_.;.... _`$• >iK•r-++I•.e<eewv«.Yvw.t<.,....w..e..a+w>>.:. i9x�':�� �x .. ... n...dada... •:....dada.. { -..•. dada.. '!i".: 4:.Y:�a<•.^�urw.> : .., .•�'i.•.rw <»nfxu .3C -...< .......<....�xnvn....w,,,>..:,+.wvw x..<6..•v+:•<.tG;;,:..vo..x•xv n.-......"'•x. .',..—... .^. n>. ». w..:.....�v.__. ai>> �': THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTT;D MLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PI'11100 INDICATED.N07WIT11STANDING ANY REQUIREMENT.TFnM 014 CONnITION nF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH T HIS CLIl IIFICATE MAYBE ISSUED OR MAY PERTAIN.THE INSURANCE.AVFORDED BY TIIE POLICIES DESCRIBED HFIIEIN IS SUBJECT TO ALL THE TEnM,S, FXCE I ICIONS AND CONDITIONS OF SUCH POLICIES LIMI'IS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EVIRATION UM17S LTA GATE IMM/OOrn GATE(MM/DDrM A OENERALUAGII Y 729-00-000155 9/01/98 6/26/99 GENERAL AQaflEGATE b 2000000 X COMMERCU.LGENEHALLIAUIUIY PRODUCTS-COMP/OPAGG. S 200nnnn no:WNECR�q us MADE aOCCUR. PERSONAL A Am INJURY S 2000000 a CONTRACTOR'S FROT. EACH OCCURRENCC — - a T nnon00 FIRE DAMAGE(Any ono fire) S 100000 - -- MED.EXPENSE(Any ano pernen) 5 5 000 AUT'=40B6E W1BILITY COMOINED SINGLE A 729-02-000155 9/O1/98 6/26/99 X ANY AUTO UMIT $ 10000nn kL OWNED AUTOS } f e i ^ r B001LY INJI;RY $ SCHEOULtO AUTOS ns Z Ui?i.--. (Per person X HIREUAUTOS GAi.L 111UT201T. i ty Attorn - HODILY INJURY X NON-OWNCO AUTOS Byl :i �LCA t'y '1 y Attorney, (Perneeldenq S GARAGE LIABILITY PROPETiIY DAMAGE t EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGWe ATE S OTHER THAN UMBRELLA FORM "'•:Pei« ;;:Y.ii wai;i>:s:< %F,• A WORKER'S COMPENSATION 719-0 2-0 0 015 5 6/2 6/9 8 6/26/99 X STATUTORY LIMITS AND EACH ACCIDENT $ 1n00000 OISEASE-POUCY UM I' S 1000000 EMPLOYERS'LIABILITY OISE"SEACH EMPLAYM S 1000000 OTHER CANCELS AND REPLACES ALL PREVIOUSLY ISSUED CERTIFICATES DESCRIPTION OF OPERATIONSAOCATIONB/VEHICLM/SPECLU rMMS The City of Huntington Beach, its officers and employees are included as an additional insured as respects Professional Services Contract for implementation of the Energy Retrofit Project (various city buildings) . .. dada._..,v.:.'dada««.>...+..>..x....... .v.. ._dada. .__ .. .. .. ":•fit'�1�+. _ dada ...:,.. «.. .: ....... .,.._dada. .. ..:.,...o„.,.,...:.:n,..:<<,•.>•..•...>:,.>.,;,.,.«<<r.«. �«es o. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES n[CANCELLED BEFOnf'I HE City of Huntington Beach w; EXMRATION DATE THEREOF.THE ISSUING COMPANY WILI6I`r' ZKMXK Director of Public Works tR MAIL_3.DDAYS WRITTEN NOTiCETO THE CL:H111ICATEIIDLDERNAMFDT•OTHE Civic Center, 2000 Main - LEFT. Huntington Beach, CA 92648 rY L AUTH9IRfEV WRqENTATIVE ' CA LIC / O 27961 »:N .. . :dada. ..:. •x :<:.,..-.�.;ww I' OCT-28-1996 16:05 5032267274 94% P.02 RCA AOUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: APPROVE ENERGY EFFICIENT EQUIPMENT RETROFIT PROGRAM COUNCIL MEETING DATE: November 2, 1998 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) 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: REVIEWED; RETURNED z FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) .. EXPL' NATION FOR.RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author: Donald R. Noble 01,-tf 0 MOTION TO: Approve the Energy Efficient Equipment retrofit program in concept, and direct staff to return to Council with the proposed loan agreement and design/build agreement with Sempra Energy Systems. RECEIVED FROM f�A �s��1� AND MADE A PART OF THE RECORD AT yE COUNCIL MEETING OF— OFFICE OF THE CITY CLERK CONNIE BROCKWAY.CITY CLERK