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T.L.S. CONSTRUCTION INC. - 1994-08-15 (2)
� 3 • J� City of Huntington Beach P.U.Box 190-2000 Main Street rt Huntington Beach,California 92648 HUNTINGTON BEACH I I From the desk of: Christine Cleary Deputy City Clerk Telephone: (714) 536-5214 Fax: (714)374-1557 J� 4 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION NLHiIlrGTOM■LACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RE lON PAYMENT CC . L % , U C . DATE: The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before . payment is made. Processing of the 10% retention payment is recommended.so long as no stop notices or outstanding invoices are on file with the City. AN T. L iLLELLA, Director of Finance certify that no stop notices are on file on the ubjec at 4'stlime. Date: 'ON , P lic Works Director certify that no stop notices are ffli�7on the subject contract and that a guaranty bond has been filed. Date: /l 3/7 1�� ' _�,Z� — CONNIE BROCKW , City Cle certify that there are no outstanding invoices on file. 1 , > . Date: •t" �`� C? iN t VILLELLA City Treasurer 0011042.01 03/14/95 12:57 PM CONFORIgFn N) PY k.� Recorded in the County of Orange, California + Gary fL.if Granville, Clark/Recorder WHEN RECORDED MAIL TO: 1R1111. �����11111 1-11 1111Ill. l� �o ee i�I CITY OF HUN'TINGTON BEACH 19950447801 10:29am 10/11/95 Office of the City CIerk Oa5 e43191 14 32 t1B3 P.0.Box 190 N12 1 7.00 0.00 0.00 0.00 0.00 e.8o Huntington Beach, CA 92648 NOTICE OF COMPLETION 1 NOTICE 1S HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach.CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach,California to T. L.S.CONSTRUCTION,INC.who vvas the company thereon for doing the following work to-wit: OAKVIEIV 13RANCI1 LIBRARY; CC-876L.:_' INTEREST. Easement That said:cork it-as completed October 2,1995 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 nark was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,October 2,1995. That upon said contract Washington International Insurance Company nas 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 4tb day of October,1995. City Clark and ex-offcio C c of the City Council of th ity of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIM BROCKWAY.the duly elected and qualified City Clerk and ex-ofticio Cleric 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 41h day or October,1995.. r /' - ' !11 City Clerk and ex-ofTicio ClcqV of the City Council of the City of Huntington Beach,California g'`followvg'tucplgs f a I CITY OF HUNTINGTON BEACH ACCOUNTS PAYABLE DEMAND INVOICE —T L S (2nosAcv g VENDOR NAME VENDOR NUMBER (IF KNOWN PURCHASE ORDER # (ZF APPLICABLN ASSIGNED INVOICE # 1/1 RIFT I DATE REQUEST - -- SENT r DATE CHECK DESIRED ACCOUNT NUMBER NOW u - Iu - Lu — u u - u - Lu - w $w.u-u.0 I w L.1 — Iu - u-i - Li-u — u - w - w $Lu•LLL1.1 1 1 •LJJ u — Lu — Lu — ILL! — u — Lu — Iu $1 1 fill fill •L.0 LJ — LLI — Lu - l I I — LJ — Lu — 1 1 $1 1 oL I .I �•LUJ•LJ_J u - w - Lu - 1 i l — u - Lu - L.0 $w.L`w.Luu•LiJ $w.L�u.Lw•Lu LJ — L -J - uw - u_u - u - Iu - LLJ $w.u+u.Liu•L_u TOTAL $LU,L.0 ,!._.LL,_.!•L. i DM3MTM MMM XMW2RRR=IF IHEFIIW mm QmmAL mapm cFu3Q ff %AFL AFC M is ixn is t4 ba tmcl*m ymommirg 1ates to=pntW CC irlEvids fw Wch m i aice adsts. From:0 MIFAX TO1 714 542 7W9 JAN Ia. l996 12:Zo'M 4155 P•02 A ATI N OF SATISFACTION OF CLAIMS state: aIno of ContrActorl x , Y am the general contractor for the City of Huntington Boach , ac to the project more fully described in the public works contract entit] d zw 1?RAAJ f�F;y and dated _ k��G _;`a , �_ 11`I C?f Kv � ►-� I.cce- r n E Nor.+ SC1�40 2 . Ala workers and persons employed, all firms supplyincj materials, and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either dicputod claimst or items in connection with Notices to Withhold, which have been filed under the provisions of the etatuteo o' the State of California: ( if none, state 'NONE" ) z dtclar.e under penalty of perjury that the foregoing is true and correct . Executed at _ ! 1�. '.Si� "r/��1-14 on this l !$ 6 day of . (Signature o Contractor FRf]M:non PAMU 70, 714 S42 72e9 JAN 18. 199G 1,2 t 222PM nisc r.c3 City of Nuntington Beach Department of Public Works P.O. box 190 Huntington Beath, California 92648 Attontiont Subjectt Certification of Compliance with Title V11 of the Civil Rights Act and Equal Employment Opportunity Act Of 1972 Gari�.lcmens The unaersigned, contractor on 7- Project a $ ��t_ ° vRKv� ewtr y` . � wrA-RY ,7CJ� hereby certificg that all laborers, mechanics, approntices, trainees, wat chmcn and guards employcd by him or by Any.. subcontractor per f orm- .ing work under the contract on the project have been paid wages at rates not Wo than those required by the contract provisionu , and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to tho clascifioations set" forth in the Contr-ar_t or training program provisions applicable to the Waage rate paid . Signature and Title L' 11�'.ud.d7L �,( 1 C E IE I've" a 1 -- : -WAS NI GTON INrEPiNAYIONAL'INSt}RAhCE COMPANYY . - ' MAINTENANCE .:I030.766icau Drive;Suite.101 BOND . : •: 6cftsurnbtrr9:-lil(noli`60173=41.08. -• . .• • .. •• -. :. ' . . Bond No. 5-400 2011 NOW ALL BY THESE PRESENT6 that TLS rx)NSTRt7C'TIOK, INC. s Principal. and WASHINGTON INTERNATIONAL INSURANCE COMPANY, on Arizona corporation, as Surety, are hold and ►mly bound unto CITY Ott WSMINCTON Bum Obilgee, In the sum of TWO HUNDRED FORTY FOUR THOUSAND ONE RITWDRED SEVM PEEN 6 NO 100 Dollars I4244,117.00 _1, •r the payment of which cum, well and truly to be made, the Principal and Surety bind themselyes, their heirs, executors, fminletrators, succosoore and assl9ns, jorntry and severally, firmly be those presenter. 14 PEAS the Principal has entered Into a wrliteZ r1 contract dated AUCUST 25, 1994 with the Cbl!poe for 'CONSTRUCTION OF OAKVLV LIBRART' and HEREAS said Principal Is required to post a bond to guarantee repair or replacoment of faulty material or workmanship for ysriod of one Vest from and after the date of acceptance of sold work. M. THEREFORE, If the sold Principal shall tepair or replace any and all defects In sold work during the aforesaid period, sn this obEgatlon sheil be void; otherwise to remain In full force and effect. fined, scaled and dated JANUARY 19, 1996 TLS CONSTRUCTTOtf INC. Ry WA9 NO t S NCE COMPANY AttOrM •lA•�atT • --� HI l v �..J i Swat OF CAT.TFQRNTA S5. COLrN OF t3R/tNCF' On JANUARY 19. 1996 ,before cue. HIME LE TREDINNICK, NOTARY MLIC P£ILLONALLY APPEARED ... .. NICL3e3 . A- OT7�El- ,.. i i 4 pc.:onnily krown to me (or proved to me on the basis of satinfactory evidence) to be the Fiarson(s) whose name(s) is/arr auhxcriscd to the within instlumont and acknowl. edged to ate that h."}3helthey excnsted the same to his/ her/their authorized capacity(ies), and that by his/her/ their sipature(s) on the illst-ament the person(s), or the w: .. entityupon behalf of which the person(s) acted, executed M. 7RED1'�NICK the instr=nint. � COMM. �tOs3033 � F P ) : . t'd R, k0TAfIY PUBLIC•Ci1LIFatt1.1A J 011AN0E COVNTY NS ,. 'ESS my hand and official seal. �r Come".CYFilil Maa 27,1>faa AASi�zl�tture This arts for 011<rial Notarial Scil OPTIONAL Tthovgh the data below i3 not roquirod by low.it may prove vaivablo to persons relying on Iho dotumanl and could pravent fraudulent rvut 'henent Of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACKED DOCUMENT INDIVIDUAL ❑ CORPOPLATE OFFIC:EH ' TITLE OR TYPE OF DOCUMEN f IM E45) ❑ PARTNEH(S) ❑ LIMITED ❑ GENERAL ❑ A f rOHNt:Y•1N•FACT NUMSER OF PAGES ❑ TRUSTED M ❑ GUAROIANrC^NSEWATOR ❑ OTHER: DATE OF DOCUMr:NT 310NER IS REPRESENTING: mwe of PEmo►u 3i OR E+(TIrV(1E7) .� SIGNER(S)OTHER THAN NAMED ABOVE r°Ual na.b.7+ ALL-PURPOSE ACKNOWLEDGEMENT WASHINGTON INTERNAT101VAL INSURANCE COMPANY ' PO t'YER OF r0 TTORNEY KNOW ALL BY THESE PAESENTS: That the Washington International Insurance Comeany, a corporation organized and existing under 0 laws of the State of Ariz_na. and having its principal office in the Village of Schaumburg, In;nn;q do*s hirr.by conatitute end appoint SHAVVN BLUAfE, .I¢NNIFER JOHNSTON. MICHAIrL A. CUICIEY AND DWICHT RfILLY EACH IN THEIR SEPAR4 rrfr CAPACITY its true and lawful attorreyls)-in-fact to execute, seal end deliver for and on Its behalf as surety, any and all bonds and undertaking: recogni;ances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, c permitted by law, statute,rule, regulation, contract or otherwise, and the execution of such instrument(s) In pursuance of these present! shall be as binding upon the said Washington International Insurance Company aI fully and amply. to all Intents and purposaa, as it th came has teen duty executed and Acknowledged by ice President and he pdon.4pel ofrled. This Power of Attorney shall be limited In amount to $2.000,000.00 for any single obligstign. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22. 1978.Jul 3, 1980 and Dctoher 21, 1981S which read, in pert, as follows: 1, The Cheirmen of the Board. President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bands, ant undertakings, recognizences, contracts of indemnity and other writings obligatory In the nature thereof, and to appoint Specia Attorneys-;n•Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section andlo any of the Ey•Laws of the Company, and to remove. at any time, any such Attorney-in-Fact or Sppciml Attorney-in-Fact and rcvokt the outhority given him. 2. The signatures of the Cha'rrnan of the Board,the President,Vice President. Assistant Secretary.Treasurer and Secretary, and the corporate seal cf the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto. by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. :N TESTIMONY WHEREOZX 'q hington International Insurance Company has caused this instrument to be signed and Its corporate seal to be affixed by 1j0f(rj V€er, this 2nd day of November, 1994. „ ,�.�:e'+ �•;�G ASHINGTON INTERNATIONAL INSURANCE COMPANY C WGRATE - SEAL •�� .�-tt.r ` to 7\AAI QmNA �; �h�Nilliam D. Starrett, Chairman of the Board '•TATC 01- ILLINOIST��� ����,•: 'OUNTY OF COCK) n thils 2nd day of November, 1994,before me came the Individual who executed the preceding instrument, to me personally know, and, Ring by me duly sworn, said that he is the therein described and authorized officer of the Washington International lnsur,rnee Company; tat the seal affixed to said instrument ;a the Cnrporste Seal or said Company; t TESTIMONY MIEREOF, I Nive IterevAto.�set my (rand end affixed My Officiai Eeal, this day 61d year first above written. "OFFICIAL uAl.,' tCHRISTINE ZATE75KY 4 R-tery P45t, State of Illinois6H-f-flne ,Taretaky, stir put:lic MT1A � nrn si e" Exp res 10.7.66 My Cornmission E ]rev ctober 7 1 ego ArT •r..r�.� r��.r�. 'ATE OF ILLINOIS) JUNTY OF COCK) `is undersign.d, Secretary of WASHING TON INTERNATIONAL INSURANCE COMPANY,an ARIZONA Corporation, 00 HEREBY CERTIFY it the foregoing and attached POWER OF ATTORNEY remains in full force and hers not been revoked, and furthermore that Articlwlll. :tlon 5 of the By-Laws of the Corporrtiort, and the Resolution of the Board of DiraCtars, Out forth in thu Power of Attorney, ern now vice. ned and 'e6lnrl in tl.0 Courtly of t'urjlc. Datarl the f r3.11 day of JANUARY ,_, 19 Lewis M. Moeller, Secretary 17 C 0 N F 0 R V 1:-n._C 0 P T_ Rai ColxpaIt -----� Recorded in the County of Orange. California ]Gary L. Granville. Clerk/Recorder THEN RECORDED MAIL TO: I�IIIl11'I. .I, ,�, I�III�,.IIIIII� II!I'� + No Fee CITY OF HUNTINGTON BEACH 19950447801 10;29ar 10/11/95 Office of the City Clerk 005 043191 14 32 MB3 P.0.Box I90 NiZ I T.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach,CA 92649 NOTICE OF C031PLETION 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 T.L.S. CONSTRUCTION,INC.who was the company thereon for doing the folloi%ing work to-wit: OA%-WEW BRANCII LIBRARY;CC-874 INTEREST: Easement -..�......:.err That said work was completed October 2,199S 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 2,1995. That upon said contract Washington International Insurance Company-a-as 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 4th day of October,1995. City Clerk and ex�fficto C of the City Council of th ity of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,CONNIE BROCKWAY,the duly elected and qualif cd City Clerk and ex-ofiicio Clerk of The City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is we 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 4th day of October,1995.. 2'34oeL� City Clerk and ex-0fYicio Clc of the City Council of the City of Huntington Beach,California gAr0j10'AU ftU71gs 1VIIEN RECORDED MAIL TO: CITY OF HIJNTNGTON BEACH Office of the City Clerk P.0.Box 190 Huntington Beach,CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Iti-tain Strcct, Huntington Beach,CA 92648,that the contract heretofore awardcd by the City Council of the City of Huntington Beach,California to T.L.S.CONSTRUCTION,INC,v ho lass the company!hereon for doing the follo%sing v%ork to-%%it: OAKVIENV BRANCH LIBRARY;CC-874 INTEREST: Eascmcnt That said work was completed October 2,1995 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,0ctohcr 2,1995. That upon said contract Washington International insurance Company was surety for the bond given by the said company as required by laty. 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 4th day of October,1995. _49"_e�_ __ -_ - I--"" City Cleric and ex-officio C of the City Council of th ity 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 4th day of October,1995.. . f �yt.ntL �1J City Clerk and ex-officio Cle of the City Council of the City of Huntington Beach,California g:vott�„r,�t� Recorded in the County )range, California Gary L. Granville, Clerk/Recorder No Fee WHEN RECORDED MAIL TO: J 9950447801 WHO HO 10/11/95 CITY OF HUNTINGTON BEACH 005 043191 14 32 MB3 Office of the City Clerk N12 1 7.00 0.00 0.00 0.00 0.00 0.00 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 T.L.S. CONSTRUCTION,INC.who was the company thereon for doing the following work to-wit: OAKVIEW BRANCH LIBRARY; CC-874 INTEREST: Easement 11 That said work was completed October 2,1995 by said company according to plans and specifications F 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 1U Monday,October 2,1995. Nt That upon said contract Washington International 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 4th day of October,1995. City Clerk and ex-off C of the City Council of th ity STATE OF CALIFORNIA of Huntington Beach, 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 4th day of October,1995.. City Clerk and ex-officio Clerg of the City Council of the City of Huntington Beach, California gAfollowuPVMCPlgs i Council/Agency Meeting Held: Deferred/Continued to: Approved E3 Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: October 2, 1995 Department ID Number. PW 95-057 REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City AdmIni t,for PREPARED BY: Ron Hayden, Director Library Se s Ray Silver, Acting Director Economic Development-120J ALes M. Jones 11, Director of Public Works ` �,� 'Zpr ~ SUBJECT: Oakview Branch Library, CC-874; NOTICE 0 MPLETION Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attactunent(s) Statement of Issue: The construction of the Oakview Branch Library is complete. Funding Source: Funding of $251,654.20 from Community Development Block Grant Funds was available in Fiscal Account No. E-HM-ED-820-6-31-00 for these improvements. Recommended Action: 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion for the Oakview Branch Library, CC-874. Alternative, Action(s): CZ -b None N n, e� .0 - -• rn M --9 w r iJ1 ' V REQUEST FOR ACTION MEETING DATE: October 2, 1995 DEPARTMENT ID NUMBER:PW 95-057 Analysis: On August 15, 1994, Council awarded a construction contract to T.L.S. Construction for the Oakview Branch Library project. The construction of all improvements is 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 contract costs: Council Approved Actual Expenditures Contract Amount $223,322.00 $223,322.00 Construction Change Orders $22,332.20 *$20,795.06 Supplemental Expenses $1,000.00 *"$317.24 Deputy Inspector $51000.00 13,823.50 Total $251,654.20 $248,257.80 • Change orders incurred during this project include changes in scope of work due to Edison electrical hookup requirements, Water Division requirements, conduit runs for future communications systems and current Division of State Architects requirements for a fire alarm system, new AC paving over the existing deterioated parking lot, iron bars over the windows for security and a chain link fence around the main exterior efectricat panel section needed for vandalism. Supplemental expenses included Edison permit fees and additional electrical hookup fees. Environmental Status: Not Applicable Attachment[s): TP Number' - None MTU:RS::RH:LMJ:RH 0012934.01 -2- 08/31195 2:22 PM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Oakview Branch Library; CC-874 Notice of Com letion COUNCIL MEETING DATE: October 2, 1995 RCA ATTACHMENTS STATUS Ordinance wlexhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) S red in full by the qLtZAttomgj Not Applicable Subleases, Third Party Agreements, etc. LApp oved as to form by gLty Attome Not Applicable Certificates of Insurance (Approved by the Lt Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds if applicable) Not A licable Staff Report If applicable) Not Applicable Commission, Board or Committee Report 1f p licable) Not Applicable Findings/Conditions for Approval and/or Denial Not Appikicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: • 71— ,�CC, -? 0 GG-4? 7y !/l/f/AWN &\�WJ/.1' t33R//!/l///�\\\\\\V/////I!f 'tECEfvEO N IV UNTlhCT�H CITY , [ar re RELEASE OF STOP NOTICE JUL z5 8 2c TO:_City of Huntington Beach _ - (Co tOMon f KW.PiMic bogy,Of party wiM UtOn Stop Noke waS Filed) 2000 Main Street — Huntington Beach, CA 92648 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated June 27, 1995 In the amount of$ 3,280.00 against City of Huntington Beach as owner or public body and Westar Paving as prime contractor in connection with the work of improvement known as Oakview Elementary Library In the City of Ht3lltingttc a_Beach _ ,County of Cyra=e State of California. pate Name of Claimant R.E. Schaefer Enterprises,,,? (F By Marian J. Scha (s+ re) Partner wtwr nd capacy) VERIFICATION I,the undersigned,state: I am the "A Partner Of" fAgenf or,'heWenf or,"A Partner ar,'Oww or.etc.) the claimant named In the foregoing Release;f have read said Release of Stop Notice and know the contents thereof,and 1 certify that the same is true of my own knowledge. certify(or declare)under penalty of perjury under the laws of the State of California that the foregoing Is twe and correct Executed on June 27 ,19 95 ,at Ontari State of California Marian J. chaefer (SiputL a of C mao or Aa Wzed Agtf) WOICOTfS FORM M—RELEASE OF STOP NOTICE—New 4-13 Bette vw an In bM P*W e.a N A bbrts.aaG M*v utWO ar Chm"We Mmoe-au and C1993 WOICOTTS FORMS.IrG (akf dun UPSW:TM. Your OY�y 1" 4"bM.COMA a Iwyw 1 You Aoutc"brMl bcuss 1a yow puyose ra ten +cars rraus no mVnWuar or■mvY.WPM w rVWd,wai w4W In e,e 9rcnam 1 'ab0f0i'a"$V1"aVn1wanmMJwAarp M. 7 7775 39898 14 t t V �1 ALL-PURPOSE ACKNOWLEDGMENT F • State of California • County of SAN EFRNARDINO _ r SS. On 7/I8/95 before me, VERONICA I. IMRRERA • (DATE) (NOTARY) personally appeared M RTAN J_ SCHAEFER s�cxFR(s) personally known to me - OR- ❑ proved to me on the basis of satisfactory • evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed • the same in his/her/their authorized + capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), VEROHI(A I.HERRERA 'U or the entity upon behalf of which the • Q•- � Ccmtn.#1036218 ' � - t(or�xrrac-cura++�+k person(s) acted, executed the instrument. 11ef Cantu Est�Z1 199Q•a • WITNESS nn)�hand and official seal. NUTAR 1GNATURE OPTIONAL INFORMATION • The information below is not required by law. However. it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • CAPACITY CLAMED BY SICh'ER (PRIiCIPAL) DESCRIPTION OF ATTACHED DOCUAIEIN-T ❑ WDIVIDUAL ❑ CORPORATE OFFICER • + - RELEASE OF 4P KOTICE J trr1E(s) TITLE OR TYPE OF DOCUMENT ! � 11 � �l PARTNER(S) • ❑ ATTORNEY-IN-FACT • ❑ TRUSTEE(S) 1 tr'UAtDEK OF PAGES • ❑ GUARDIANICONSERVATOR • ❑ OMER: JUNE 27, 1995 I DATE OF DOCUMENT SIGNER IS REPRESENTING: rAy o Rp6 A a cF ERPRISES QAKVIEW ELEMENTARY LIBRARY • OTI tER APA JM VALLEY-SIERRA,M362-33(4 REQ6 7 FOR CITY COINCIL k-�TION�`_�- Date: Au-mist 15 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator 4'&1 Prepared by: Barbara A. Kaiser,Director ofEconomi opment�' Ron Hayden,Director of Library Service �- Ray Silver,Assistant City Administrator./Ac ing Director of Public Works APPROVED BY CITY COUNCIL Subject: Oakview Branch Library;CC-874 �/ 19� Consistent v-ith Council Policy? [XI Yes � Nc]r Policy or E ton (:r L f3tfti Statement of Lesue,Rommmcndod Action,Analysis,Emironmcntal Status,Funding Source, tcrnati%v Action,Attachments: STATENIFN T OF ISS[TE: Bids for the Oakview Branch Library were received and opened on July 27, 1994. Additional funds are required to enter into the contract and to provide for a Deputy Inspector for the site. City Council is requested to approve the additional funds for the project and award the bid. RECOMMENDED ACTION: 1. Approve the re-appropriation of$76,424.20 from the completed Florida-Yorktown Street Improvement Project to the Oakviexv Branch Library Project,and 2. Approve the low bid submitted by T.L.S. Construction,Inc.;and 3. Authorize the Director of Public Works to expend $251,654.20 to cover contract costs of$223,322.00, anticipated construction change orders of$ 22,332.20, supplemental expenditures of$ 1,000.00, and $5,000 for the provision of a Deputy Inspector. ANALYSIS: On April 18, 1994, Council approved the appropriation of$175,230 in Community Development Block Grant Funds, plans and specifications for the construction of the Oakview Branch Library and authorized the Director of Public Works to solicit bids for construction. This appropriation was based on the Architect's cost estimate. On July 27, 1994,bids were opened and are summarized below: Contractor Total Bid 1. T.L.S. Construction $223,322.00 2. Fast E.C.D.,Inc. 223,499.00 3. Brandal!Modular Corp. 242,000.00 4. Irvine Engineering,Inc. 269,999.00 5. Profile Structures Corp. 326,800.00 RCA;CC-908 L,r1 August 15, 1994 Page two Because the bids exceeded the Architect's cost estimate,additional funds of$76,424.20 are needed to award the project to the lowest bidder, T.L.S. Construction and to provide for a Deputy Inspector required by the State Department of Education (Attachment 1). On June 20, 1994, City Council accepted the completion of the Florida-Yorktown Street Improvement Project (CC-893) and $103,065 is unencumbered and is not needed for this project. Staff recommends re-appropriating $76,424.20 from the Florida-Yorktown Street Improvement project to the Oak-view Branch Library project with the rernaining amount credited to the contingency account. Project Cost Summary Contract Amount $223,322.00 Construction Change Orders* 22,332.20 Project Supplementals** 1,000.00 Deputy Inspector*** 5�.00 TOTAL $251,654.20 * Resolution No. 4896 authorized the Director of Public Works to spend up to 10 percent of the contract amount, not to exceed $ 50,000.00, for Change Orders. Staff recommends a budget equal to 10 percent of the contract amount. Examples of possible Change Orders include such things as changes in field conditions, unavailable materials,weather belays, errors in the plans and specifications,and changed City requirements. **Miscellaneous soils testing,Edison electrical hoof:-up,water senaice,etc. *** Inspection of this facility is required by the State Department of Architecture to be performed by a licensed and approved Deputy Inspector. The City does not meet these requirements, therefore, a qualified inspection firm must be retained. It is anticipated that the inspector will devote two to three hours per day of construction. The total construction time is 120 consecutive calendar days,with actual construction time of approximately 86 working days. Therefore, an estimated budget of$5,000 will provide for a minimum of the required inspection. FUNDING SOURCE: Budgeted Community Development Block Grant Funds: $175,230 in the Oakview Branch Library Account(E- HM-ED-820-6-31-00)and$76,424.20 from the FloridalYorktow'n Improvement Project ALTERINATIVE AMON: 1. Deny award of contract to T.L.S. Construction and select one of the other bidders 2. Reject all bids and forego the construction of these improvements. ATTACIFNIFNTS: 1. School District Letter WU:BAK:RH:RS:rh 8741bapv.doc o OCEAN VIEW SCHOOL DISTRICT Superintendent James R.Tarwater,Ed.D. Board of Trustees Tracy Pellman,President Nancy Sluever,Clerk Sand Carol .Member Charless Oste Osterlund,Member Dr.Allan Pogrund.Member INOUEST 17200 PINEHURST LANE-HUNTINGTON BEACH-CALIFORNIA-92647-71 4/847.2551 -FAX 714/847.1430 OF EXCELLENCE" We are An Equal Opportunity Employer.This District does not discriminate on the basis of age,gender or handicap. May 17, 1994 Mr. Ron Hayden Library Services Director City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: City of Huntington Beach - Branch Library - Oak View Site Dear Mr. Hayden: Upon request from your offices both the District as well as the District Architect have reviewed all drawings presented to us by Van Roan Architects and find them in substantial compliance with regards to the previously delineated concerns of our District. This letter shall act as 'conceptual approval" for the above referenced project knowing full well that it is the District's requirement that no work shall commence on-site prior to the District and the District's Architect reviewing final approved DSA drawings and specifications. It is also understood that the City will pay for the services of a Deputy Inspector, as required by DSA, to be on-site during the construction phase and that copies of all documentation (job meeting notes, quarterly reports, verified reports, inspection reports, etc.) during this period, will be forwarded to our District Architect, Paul Westberg of Westberg + White, Inc. We fully understand that the need for this early signature is driven by the funding requirements pertinent to this project and that if not placed into this position, the City would have had this project preapproved through DSA in the normal fashion. Sincerely, aatflcia L. Young, Assi taut Superintendent Business Services PLY:jl C. Dr. Tarwater, District Superintendent Paul Westberg, District Architect John Kiang, Director MOT Jan Halverson, Library Services Manager File CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 13, 1994 T.L.S. Construction, Inc. 1026 East 4th Street Santa Ana,CA 92701 Enclosed is a copy of the executed contract with the City of Huntington Beach,a Declaration of Satisfaction of Claims and a Certificate of Compliance form must_be returned to this office after the project is eomRieted but prior to the release of retention funds. In addition,the follo,%tiing item must also be on file,with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty,then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds,please call the Public NVorks Department,536-5441. Sincerely, Connie Brock%%2y,Cb1C City Clerk CB:cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds,insurance g.cckuhcon ITele phone:714-536-5227) FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TLS CONSTRUCTION, INC.,FOR CONSTRUCTION OF THE OAKVIEW LIBRARY TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW-PENALTY 6 13_ CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW-PENALTY 7 15. PAYMENT OF TRAVEL 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 30. DEFAULT&TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER 15 32 NON ASSIGNABILITY - 16 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND ACT 18 42. CONTRACT WORK HOURS 18 43. CLEAN AIR ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 45. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ENTIRETY 21 &W0AKVIEW/0&19194 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TLS CONSTRUCTION, INC. FOR CONSTRUCTION OF THE OAKVIEW LIBRARY THIS AGREEMENT is made and entered into on this 13th day of October , 1994, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY,"and TLS CONSTRUCTION, INC., hereinafter referred to as"CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as"PROJECT," more fully described as construction of the Oakview Library in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, In consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK:ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, 1 GlkloalnAetiv181t t3l84 and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work Is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying In no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as it the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly,to the work covered by this Agreement. "Contract Documents"as defined herein mean and include: A. This Agreement; 13. Bonds covering time work herein agreed upon; C. The 1991 edition of Standard Specifications for Public Works construction, published by Builders News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto,written and promulgated by the Southern California Chapter of the American public Works Association and the Southern California District Associated General Contractors of time California Joint Cooperative Committee; 2 swoaWewWtsraa D. Bid documents Including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"). E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be Immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as"DPW'),without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which Is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Two Hundred Twenty Three Thousand,Three Hundred Thirty Two Dollars ($223,332) as set forth in the Ccntract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. C,eOMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is Issued and shall diligently prosecute PROJECT to completion within one hundred twenty(120)working days from the execution of this 3 61'w0aweWIV19M Agreement by CITY, excluding the time required for approval by the Department of State Architects and other delays provided for herein. 5. TIME gF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order In which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require In writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 &woakY1VN ar19*4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent(100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent(100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent(100%) of the contract price to guarantee payment of all claims for labor and materials fumished. 5 eMoak*%v/ 19194 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement Including, but not limited to, any Installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under It shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE�LAW-PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by 6 G/Voak-14M&'19S4 dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT-HOUR LAW California labor Code, Sections 1$10 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight(8) hours shall constitute one days work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW-PENALTY Pursuant to this Agreement and in accordance with California Labor ode Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25)for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight(8) hours in any one (1) calendar day or forty(40) hours in any one (1) calendar week in violation of California Labor Cade Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the Califomia Labor Code, regarding the employment of apprentices, is applicable to this p. 7 &Woakview1823(94 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative. and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LQUIDATED DAMA E !DELAY It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that It Is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for 8 6WWkvWw/W19194 each and every working day's delay in completing the work In excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or 9 VVoa ranaSa extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors,will be allowed and said extension of time for completion shall be the sole remedy cf CONTRACTOR. 20 DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those Indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and If it finds that such conditions to materially so differ and cause an increase or decrease In the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used In construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are 10 6-W0akYWW1W1 n4 either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase In the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent(10%)will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW. faithfully executed fifty percent(50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent(100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded 11 MoakvlewlS?=41 V has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. INDEMNIFICATION,DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein 12 B,1c(oakvfrw18119l94 'ter, undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code,which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property 13 a,woa /8r4aS4 damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said Insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000)combined single limit coverage. If coverage Is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall Immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE; ADDITIQNAL INSURED ENDORSEMENTS prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement Is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall 14 &woaWiew1W1%S4 V pay, in a prompt and timely manner, the premiums on all Insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may,without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR. CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLAN E TIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 15 MoaW[m,8119194 32. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein,without the prior written consent of CITY and the surety. 33. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial Interest in this Agreement in violation of California Government Code sections 1090 et seq. 34. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed In excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NQTICEra All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. QAPTIONS 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, 16 &VoakvWw/&19,94 modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis- Bacon Act(40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled"Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 6WoakvWw/&l9/94 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment(1) qualified Vietnam veterans during the first four(4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent(30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND"ANTI-KICKBACK"ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback"Act(18 USC Section 874), as supplemented in Department of labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act(40 USC 327 et seq.) as 18 &woaWew►W1 W4 supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight(8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight(8) hours In any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER LLUTI N gONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the DPA List of Violating facilities. 19 &7cloaWkw1811 M4 V (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act(42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required In accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY Is not liable for payment of any subcontractor work involving legal services, and that such Segal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Sections 309, the City Attorney Is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 20 MoaWL-WIVI n4 47. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers, the day, month and year first above written. TLS CONSTRUCTION, INC. a California CITY OF HUNTINGTON BEACH, A corporation municipal corporation of the State of tOrrison � Califomia Btee Vt a esidentMayor n, Secretary APPROVED AS TO FORM: ATTE�: l�y+t yam, (�� `ity Attorney City Clerk g INITIATED AND APPROVED: RE ED AND Director oWublic Works City AdAr4iVator 21 &W0aWew/8N 9/94 r - SECTION C . _ PROPOSAL for tr:e Oakview Branch Library CASK CONTRACT No. 874 in the CITY OF IIUNMGTON BEACH TO THE HONORABLE AIAYOR ANM N ENIBERS OF THE COUN, OF HUN'TLN'GTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and'. incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The Undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 120 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications,.Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY.ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project.'In the case of discrepancies in the amounts bid, unit prices C-1 _ shall govern over extended amounts, and «•ords shall govern over figures. Y If awarded.the Contract, the undersigned agrees that in the event of the BIDDER'S default in - executing the required contract and filing the necessary bonds and insurance certificates within _ 10 «corking days after-the date of the-AGENCY'S notice-of award of contract to the BIDDER, _. the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ll.a lie-A-.7 in t 9he amount of S C o which said amount is not less than 10 ro of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", 'Certified Check", or "Bidder's Bond% as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received— n. Bidder's Signature... C-2 : PROJECT BID SCHEDULE Item Estimated Item with unit price' Unit Price Extended No, Quantity %%iitten in words Amount 1. 1 L.S. Modular Library Building Unit, Foundation,cC Site Work - a` Z , Dollars $ S 2 L Cents TOTAL A.�IOL1,\T BID Lti'FIGURES: S Z � .� 1_32 TOTAL A-MOLYIN'T BID LN WORDS: - 1tia re2T��s�t� T 6Z6 I+OV 7"wc�,-�r F C-Is -UST OF SUBCONTRACTORS - In accordance with Government Code Section 41D4,the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one e. half of one percent of the total bid and the portion of the work to be done by such subcontractor. .Pon7ion. . Name of Subcontractor and Address t .-Snare License - . Class of Work:. ..... ...:..... . Number web"L -` t �3.1`�-�.• .-� =Lt ,(� 1-a . 67 v� r 4'L�C• L��YI. ,...� �Lra4�. By submission of this proposal, the Bidder certifies: - 1. That he is able to and will perform the balance of all work which is not covered in the a b o v e subcontractors listing. 2. That the AGENCY will be funished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 10NCOLLliSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of Orange LTIZ �,r Z' ���+E^r . rein- first duly sworn, dcpeses and says that he or she is -- V rC E of ZLS7 lc' - A1C', the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization,or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to pot in a false or sham bid, and has not directly or indirectly colluded, eonspircd, connived, or agreed with any bidder or anyone else to put in a sham bid. or that anyone shall refrain from bidding; that the bidder bas not.in any manner, directly or indirectly, sought by agreement. communication,or conference%;ith anyone to fix the bid price,or that of any other bidder,or to secure anv advantage agair—st the public body awarding the contact of anyon_interested in the proposed contract; that all s atemtnts contained in the bid are true; and, furtber, that the bidder has not, directly er indirectly. submitted his or her bid price or any breakdouv thereof,or the contents thereof, or divulged information or data relative thereto, or paid, and Kill not pay fee to any corporation, partnership, company association. organization,bid depository, er to any member zr ages thereof to effectuate a collusive or sham bid. . ame ct bidder 1gmrxe of Bidder �, r 514 •o '' Address of bidder - �� .7 D ± Subscribed and sworn to before me this � day o l9g "' ' . NOTARY PUBLIC NOTARY SEAL SUS&N A. CCW-A.EIC23103 ORANGE COU'hm MV Comm.Sxp:res MAY b.I M C 4 — - UTILITY AGREEIN EN'T - — - HONORABLE MAYOR AND CITY COUNCIL - CITY OF HUNTNGTON BEACH.- CALWOR.ti'IA . Gentlemen:— - The undersigned hereby promises and agms that in the performance of the work_Tecified in the contract, )mown as Oal Tiew Branch Library, (1)(we)(it)will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term 'Qualified Person' is defined in Title 8, California Administrative Code, Section 2700, as follows: 'Qualified Person: A person Kho, by reason of experience or instruction, is familiar i,ith the operation to be performed and the h=rds imvoh�ed. The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned f n-ber promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned.and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. S cc 1?S t J� Lontract - y Date: —7 C-5 DISQUALMCATION QUESTION'N ME In accordance with Government Cod: Section I4310.5, the Bidder shall complete, under penalty of perjury.•the following questionnaire.. . QUESTIOINNA[RE Has the Bidder,any officer of the Bidder or any employee of the Bidder who bas a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal. Stare or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a pan of the Proposal, and a signarure portion of the PtopoW shall cocsdc�- signature of this questionnaire. C-6 -COMPENSATION WSURAINCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: - 1 am aware of the provisions of Section 3700 of the Labor Cade which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance anth the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 7�s �ti1s;r��•i�r�o� l 1� , on Y TM. «�. Date: C-7 UNDERGROUND SERVICE ALERT ]DENTMCATION NUMBER r ' " (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 41 16/4217 of the Government Code requires a Dir Alert Identification Number be issued before a Fernut to Excavate utill be valid. To obtain a Di;Alert Idend19c2don 1'unb:r,call Und.-uround Service Alert at 1-S00- 22-d133 a muumuu of gwo working days b:forc scheduled excavation. f� e y r Dig Alert Identification Number. i- j6� I,4"_4D .. _ onx-� y I Date: -7—1 — TT. _,_�... Note: 77tis form is required for every Dig Alert Identification Number issued by U.S.A. during the course of Me Work. Addirional forms may be obtained from the AGE:►CY upon request. C-S - BIDDER'S L TOKMATIO:V ' BIDDER certifies that the following infotmation is true and correct: rLs T uer-_. y SusrnessAddress Telephone Number CC/go / z - State Contractor's License No. and Uiass Ungmal Date Issued Expiration Date • The work site was inspected by � SG1L' of our office on The following are persons, firms, aad corporatiors haNinr a principal interest in this proposal: --Qrn C-9 The undersigned arc prcparrd to satisfy the Council of the City of Huntington Bach of their ability, financially or otlteru•ice, to perfortn thr contract for the proposed work and improvements in accordance Uith the plans and specifications set forth. 7'/- 5 ' - - c+tnFanvNam: r 0e . rare a :r �~=�z �-SO En� _ Fnnted or lyped Signature Ad�.:ss C" t d:r `'J Z.'7 O f Telephone Number SUSAN A.B'20^ Subscribed and sworn to before me s Z�r day 417 , 19f _ d COh»rt#1 ' -- kotary P;rt:rc—Coffcffomla ORANGE COUNTY My Comm.Ex:*es MAY 6.1998 NOTARY PUBLIC NOTARY SEAL Listed below are the =:s, address and telerhone n7=b:rs for three public agencies for which the bidder has performed similar work uithin the past two years:r I. wprkT Be-ff. Nam: and Address Z/10 Vc> D,9 1- 10.� Name end Telephone No. of Project Manaser: alit & 'N `7oc9 6-e-O MjFtti? f 'Contract Amo )?c of workate =— str 2. ` Name and Address fame and Telephone No. of Project Manager: �l .—�f � g3 y - ` eS 3 AIDR LD15, -- -3 /-),<,r - onaact Amount }Pt of Work ate Completed 3. -V 5 Name and Address L Z, 0 bll L']'vry Name and Telephone No. of Project Manager: ,q o 0 ot� /'mil 7.c�f� �iZc�,y 9 l -Contract Amo )pe 01 Workate omp C-I0 General 1LASHINGTON INTERNATIONAL INSUIMCE COMPANY POWER OF ATTORNEY - ` KNOW ALL KEN BY TNkSE PRESENTS: That the Washington international Insurance Comppny, a corporation organized and existing under the to-is of the State of Arizona, and having its principal office in the Village of. Schaumburg, IIIInais does hereby constitute and appoint _ JENNIFER JOHMSTON AND 14ICKAEL A. OUIGLEY EACH IN THEIR SEPARATE CAPACITY its true and lawful sttorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and ail bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof, which are or my be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(sl in pursuance of these presents, shall be as binding upon the said Washington Internationat Insurance Company as fully and a-cly, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited In amount to S2,000,000.00 for any single obligation.. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 19BO end October 21, 1986 which read, in part, as follows: 1. The President may designate Attorneys-In-Fact, and authorize them to execute on behalf of the Company, and attach the Seat of the Company thereto, bonds, and undertakings, recognizences, contracts of indemnity end other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, riho are hereby authorized to Certify copies of any power-cf- attorrey issued in pursuant to this section and/or any of the By-laws of the Company, and to remove, at any time, any such Attorrey-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, ad the corporate seat of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in'the ordinary course of business shell be valid and binding upon the Company. IN seat EtalMbeaW% pE tl;:�vthorized offi er,TMm�!' International this tat day of Jsnuary,199caused this instrument to be signed and Its corporate I4. UN41 a q-w'% GTON NTE NATIONAL INSiJRANM COMPANY ,f CR4T: Q_.i SEAL S n A rson, Vice President STATE OF A!}d., L ` COL'NTY OF_264.o1iittttt� On this 1st day of January, 1994. before me came the individual who executed the preceding Instrument, to me personally know, and, being by me duty sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument Is the Corporate Seat of said Corpany; IN "OF>`ICIA TE5T11rorfY�+► irE �'f'S�e SjAf ms'Ito se�N hand and affixed my Official Seal, the day and year first above writ-ten. CHRISTINE IARETSKY I Notary Pat, State of 11 nois istine 2eretsky, Notary PLr{te My Comkn'lion Espret SO.7.90 y Commission 6pires ctober'2, 1996 CERTIFICATE STATE OF ILLINOIS) _ COUNTY OF COCK) 1, the undersigned, Secretary of UASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARI20NA Corporation, DO HEREBY CERTIFY that the foregoing and attached PM R OF ATTORNEY remains in futt force and has not been revoked, and furthermore that Article 111, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth In the Power of Attorney, are now in force. Signed and seated in the County of Cook. Dated the"45way of JIILY 19 94 Levis M.Moeller, Secretary CITY OF -HUNTINGTON BEACH t. 2000 MAIN STREET Y r CALIFORNIA 92648 OAKVIEW BRANCH LIBRARY Cash Contract 874 ADDENDUM NUMBER 1 July 5, 1994 Notice To All Bidders 1. All reference to the bid opening date of May 31, 1994, in the Project Specifications is hereby changed to July 27, 1994. All bidders are requested to acknowledge the receipt of this addendum with your bid proposal. Should you have any questions regarding this Addendum, please contact Robert Martinez of this office at (714) 536-5423. Very truly yours, Robert E. Eichblatt, P.E. City Engineer REE:dss This is to acknowledge receipt and review of Addendum Number 1, dated July 5, 1994. It is understood that the revision of the new document shall be included in the Bid Documents. TL5 6.es Company Name _ uthorized Representative Date BEACH CITY OFHURlT[�VGTQN . _ 2000 MAIN STREET CALIFORNIA 92648 _ OAI VIENY BRANCH LIBRARY CASH CONTRACT S74 ADDENDUM NUMBER 2 July S. 1991 INOTICE TO ALL BIDDERS: Please add the following modifications to the contract documents: I. - This Project is financed with Federal Funds. Therefore, all statutes, rules, and regulations including, but not limited to, payment of minimum ztiages and required by the Federal eovernment for Federal aid construction protects shall apply to this project. (See attached Federal Labor Standards). _'. The current geural �:aoe determinations at the time of the Notice to Proceed shall apply to this project, but for bfdding purposes, %ve are attaching recently published government wage rates. All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Please be advised that the Engineer's Estimate for this project remains unchanged by these revisions. Should you have any questions regarding this Addendum, please call Randy Huttenberger of this office at (714) 53G-5431. Very truly yours, Rcbert E. Eichblatt, P.E. City Engineer REE:RH:gd This is to acknowledge receipt and review of Addendum Number 2, dated July G, 199.7. It is understood that the revision of the new document shall be included in the BidDocumen s. f 7_L S s r, Company .'Fame Authorized Representative Y f � • 7 r ✓ r 1);^.te THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 _ Bid Band KNOW ALL MEN BY THESE PRESENTS, that we TLS CONSTRUCTION, INC. 1026 E. FOURTH STREET IHere insert full name and address of legal title of Contractor) SANTA ANA, CA 92701 as Principal, hereinafter called the Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY 1930 THOREAU DRIVE, SUITE 101 (Here Insrn full narne and address or legal tine of Sweeryl SCHAUMBURC, IL 60173 a corporation duly organized under the laws of the State of ARIZONA as Surety, hereinafter called the Surety, are held and firmly bound unto OAKVIEW ELEMENTARY SCHOOL {Here Inter)full earne and address or legal title of Ownerl as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE A14OUX.T OF BID Dollars (S 10% OF BID---�, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for rrN):W $ I�C�i kLIft)� Yf laddrets and description of Protect] NOW, THEREFORE, if the Obligee shall accept the bid 'of_the Princiral and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and mattsial furnished in the prosecutson theleof,of in the event of the failure of the Principal to enttr such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty haranf harween the amount specified in said bid and such larger amount for which the Obligee may in good faith contract • ..• •. . .. .�.,,L� �..11 ��J....:+t w•trnr,i�a IA M/nairl ❑ Acknowledgment of Principal x(] Acknowledgment of Surety (Attorney-in -ILL ���f ' > STATE OF CALIFORNIA i:t! iL,r. -:,;,.,n Exp. tl 22!97 County of ORPL11GE ss On JULY 15, 1994 before me. J. JOWISTON (here insert name and litle of the officer). personally sp(xared YICHAEL A. QUIGUY personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the %%ithin instrument and ackno%%ledged to me that hetshvihey executed the same in his/herlheir authorized capacity(iec). and that by his'hcr.'Ihcir signaturcos) pri thaikI c {scrson(h), or the entity upon behalf of which the person(s)acted. executed the instrument.NITNESS myhand anti official seal. f.Signatureti11 (Seal) CITY OF HUNTINGTON BEACH 4f 2000 MAIN STREET CALIFORNIA 92648 RISK MANAGEMENT DIVISION {714) 536-5990 September 1 , 1992 TO: All Contractors Seeking Public Right-of-way Encroachment Permits and for miscellaneous providers of contractual services. ***PLEASE READ THIS TO AVOID DELAY OF YOU APPLICATION APPROVAL*** *City Council resolution 6277 requires proof of Workers ' Compensation insurance and proof of General Liability insurance prior to permit issuance or contract approval . Certificates for both Workers' Compensation and General Liability will be rejected unless: the cancellation clause provides a mandatory 30 d n� otice. Be sure that 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" have been removed or lined- "u on the certificate. *For Workers ' Compensation: minimum statutory requirements are $250, 000 bodily injury by disease, policy limit; and $100, 000 bodily injury each employee for accident or disease per occurrence. A certificate of Consent to Self-insure issued by the California Director of Industrial Relations is also acceptable. If you have no employees, you must sign a Declaration of Non- employer Status form available from the city. *For General Liability Insurance (combined single limit) , your certificate will be rejected unless: the certificate does not provide at least $1 , 000 000 _ combined single limit coverage per occurrence. IMPORTANT: the certificate for General Liability Insurance must name the City of Huntington Beach , its agents, officers, and employees as additional insured. *For Professional Service Contractors (i .e. consultants) , your certificate will be rejected unless: the certificate provides a minimum of $500, 000 Professional Liability Insurance. The additionally insured endorsement is not required but you still must provide proof of Workers ' Compensation insurance or sign a Declaration of Non-employer Status. (OVER) r • = 1 1 + *For companies regulated by the Public Utilities Commission (PUC) , you must provide proof of Workers' -Compensation Insurance and General Liability Insurance . The - General Liability Insurance requirements are $600, 000 combined single limit or $250, 000 bodily injuries or ' deat.h of one person and $500, 000 protection against total liability for bodily injuries or death of more than one person from any one accident. This is subject to the same $250, 000 limitation for each person and $100, 000 protection for accidental damage or destruction of property other than property being transported. PLEASE GIVE A COPY OF THESE REQUIREMENTS TO YOUR INSURANCE PROVIDER TO ASSIST THEM IN THE PREPARATION OF YOUR CERTIFICATE. Final notes: 1 . Only send one copy, duplicates are double work for everybody. 2. If you have one insurance provider for Workers ' Compensation and another for General Liability, it would be extremely helpful to send in both certificates together. 3. Developers' certificates should note: "For all operations" in. remarks section of certificate instead of identifying individual tracts. You may contact Dennis Coulter at (714) 536-5234 for questions not answered above. The FAX number for the Risk Management Division is (714) 374-1597. ' I ISSUE DATE(M1,!'DOIYY) a,14)' .��. � � ` ;+I - 9-15-94 PRODUCER THtS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CQNFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Schonwit Insurance Agency POE llOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 17621 Irvine Blvd. #106 POLICIES BELOW. Tustin, CA 92680 COMPANIES AFFORDING COVERAGE COMPANY LETTER A Scottsdale Ins. CO COMPANY WSURED LETTER El TLS Construction, Inc. LETTERCOMPANY LETTER C 1026 E. 4th St. Santa Ana, CA 92701 COMPANY LETTER LETTER �J COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAKE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION Or 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. EXCLUS;ONS AND CONDITIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTA DATE(MM..WNYI DATE(MM:DDNY) A GENERAL LIABILITY e'1 BODILY INJURY OCC. f - X COMPREHENSIVE FORM GLS 509089 4-11-94 4-11-95 BODILY INJURY AGG. f µ X PREMISESIOPERATIONS PROPERTY DAMAGE OCC. S UNCERGROUND EXPLOS+ON A COLLAPSE HAZARD v D )5 TO TO PROPERTY DAMAGE AGG. f X PROpUCTSrCOMPLETED OPER- APPRO B'a PO COMBNED OCC. 81,000,000 X CONTRACTUAL GAIL ITTOS BIfPDCOMEINEDAGG_ $ 1,000,000 � p. l X INDEPENCENT CONTRACTORS CIT AI TO PERSONAL INJURY AGG. f X BROAD FORM PROPERTY DAMAGE 1 PERSONAL INJURY B� City Att rney AUTOMOBILE LIABILITY BODILY INJURY f ANY AUTO (Per P-) ALL OWNED AUTOS(Prey.Past. I BODILY INJURY = ALL OWNED AUTOS(Oir1er Than I (Per weiAenl) Prrv.Pass. HIRED AUTOS PROPERTY DAMAGE f NON-OWNED AUTOS GARAGE LIABILITY BODILY INJURY i PROPERTY DAMAGE f I COMBINED EXCESS LIABILITY EACH OCCURRENCE f UMBRELLA FORM AGGREGATE f OTHER THAN UMBRELLA FORM WORKER'$COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT f DISEASE-POLICY LIMIT S EMPLOYERS'LIABILITY DISEASE-EACH EINPLOYEE f OTHER DESCRIPTION OF OPERATIONS:LOCATIONSfVEHICLESlSPECIALITEMS Subject: Oakview Branch Library;CC-874 Contruction Contra The City of Huntington Beach, its agents, officers, and employees are named as additional insured. cilia •.+ _ • r •� - � �1�• ! ' �..y-- + * � -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach EXPIFATION DATE THEREOF, THE ISSUING COMPANY WILL XXXXXXXXXZX 2000 Main Street MAIL_30L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Huntington Beach, CA 92648 LEFT' I=KXXXXXXXX XzO=XlCrjC=}r=xXXXXXX cxaxsxxxxi:R lcxx7 X$KXXXKX x=x xxxx C mcxx Cxmx.S$X7nt xxx AUTHORIZED REPRESEN 'TIVE K P61 &W-Coll T � r.'-yr�. G't.L')+I - -_ - r a�r�-�w��.r�.r-- ..-..���....«r.�...r.....•�.war� - -_.,�A (The Attaching Clause need b!L elated only when this endorsement is issued subset:,, ,to preparation of the policy.) LIABILITY L 9110 (10-66) G L 20 12 (Ed. 07 66) G 110 ADDITIONAL INSURED (State or Political Subdivisions--Permits) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective 9-15-94 , forms a part of vooivo As( %ys; %g 112:01 A.M..standard time) GAxL 11UTTON Cx'FY m 0, Issued to TLS Construction, Inc. ny. �_�ot by Scottsdale Insurance Company Deputy City • 5 Authorized Representative SCHEDULE Designation of State or Political Subdivision: City of Huntington Beach 2000 Alain Street Huntington Beach, CA 92648 Premium Limits of Property Damage Liability $ 150.00** $ * each occurrence $ 4.50 $ .75 $ * aggregate $155.25 *See L6108 **Flat Fully Earned rw It is agreed that the"Persons Insured"provision includes as an insured any state or political subdivision thereof desig- nated in the schedule above, subject to the following additional provisions: 1. The insurance applies only with respect to operations performed by or on behalf of the named Insured for which the state or political subdivision has issued a permit. 2. The insurance does not apply to bodily Injury or property damage (a) arising out of operations performed for the state cr municipality, or (b) included within the completed operations hazard. 3. if the Property Damage Liability Coverage is not othenv'sse afforded,such Insurance shall nevertheless apply with respect to operations performed by or on behalf of the named insured for which such permit has been issued subject to the limits of liability stated herein. SCHONNA'IT USURANCE AGENCY SIATT INSURAK1 CORPORATION DATED: 9-15-94 714-838-5835/FAX 832-8166 •'"""�- 17621 IRVINE BLVD.,STE.106 a ske�+ i TUSTIN,CA 92EU0 - STATE P.O.SOX 420807,SAN FRANCISCO,CA 94142-0807 COMPENSATION IN S U R A N C E FUND CERTIFICATE OF WORKERS'COMPENSATION INSURANCE 'SEFTEIOBER 20, 1994. POLICY NUMBER: 229-94 UNIT CCO65c8 CER nFICATE EXPIRES: 1 9 5 CITY ICF -HUNTINGTON -C-EACH BLILDING 'DIVISIO.o 3RD FLOOR 2COO MAIN STREET 'HL'NTINGTCN .BEACHP CA - 92E4E JG6 ALL' OPERATIONS This is to certify that we have issued a valid Workers'Compensation insurance policy In a form approved by the California Insurance Commissioner to the employer named below for the poli rind indicated. This policy is not subject to cancellation by the Fund except upon tgC)iays'advance written notice to the employer. 30 We will also give you TRN 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 this certificate of Insurance may be issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. PRESIDENT EMPLOYER' S LIHILITY .LIMIT: S3rfl0C:000 'PER 'OCCtJRRENCE. ENDORSEMENT #2065 • ENTITLED .,CERTIFICATE HOLDERS '- - NCTICE . EFFECTIVE • 01/01/94 IS ATTACHED •TO' AND FCRMS . A PART CF.- THIS ---FCLICY. APPR0y= 1S TO FOBY! { - GAIL HUTTOa _ CTT.' ATTO .Y - DeFuty Cit Attaxue - EMPLOYER T:LaS• ` CCNSTRUCTION. INC. 9 C 2 6 -E. - 4 T H--STREET ; SANTA ANA., CA 9270= L - - - !■ �.��$L'_1�i1■s!ti7�1�S�l� ali�:]'►1��1�.-=--•- - '-• � ,�� ....�_.._�� � T I have- received the Faithful Performance Bond and the Labor and Materials bond for Oakview Branch Library-- CC--874 on behalf of the 'treasurer's Office. Dated /O•/3 y���_ By:/ VQ, T.L.S. Construction, Inc. 1026 East 4th Street Santa Ana, CA 92701 You may release bid bonds. t t STATE P.O. BOX 420807,SAN FRANCISCO,CA 94142-0807 COMPENSATION I N S U R A N(--E FUND CERTIFICATE OF WORKERS'COMPENSATION INSURANCE SEPTEMBER 20o 1994 POLICYNUMBER: 229-94 UNIT 0006528 CERTIFICATE EXPIRES: 1-1—9 S CITY OF HUNTINGTON BEACH BUILDING DIVISIONP 3RD FLOOR 2C00 MAIN STREET HUNTINGTON BEACHP CA 92648 JOB: ALL OPERATIONS L_ This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. _ 30 This policy is not subject to cancellation by the Fund except upon tgp)0ays'advance written notice to the employer. 30 We will also give you TRIX 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 this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. PRESIDENT EMPLOYER' S LIAEILITY .LIMIT: $3.-OOCf000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS ' NOTICE EFFECTIVE 01/01 /94 IS ATTACHED TO AND FCRMS A PART CF THIS POLICY. APPROVED AS TO FORMA GAIL BUTTON A.TTO EY ✓Deputy Cit AttornG EMPLOYER T.L. S. CONSTRUCTIONo INC. 1026 E. 4TH STREET SANTA ANAx CA 92701 L_ THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND BOND N S-400 2011 Duplica,e of A.I.A. Form A311 Feb. 1970 F--'on PREMIUM INCIT'—"D ON PERFORMANCE BOND .� PR070 AS TO FORK' s LASDR & MATERIAL PAYMENT BOND , THIS BOND 1S ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN F"MI 8P' 1Y OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF TI•tRQQ KNOW ALL MEXI3Y1HESF PRESENTS: TLS CONSTRUCTION BY That ..� 88Tlt+Tcitz to at Principal.hereinafter called Principal.and WASHINGTON INTERNATIONAL INSURANCE COMPANY .as Surety.hereinafter called Surety,we held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,hereinafter called Owner,for the use and benefit of claimants herefnbelow defined,In the amount of Two HUNDRED TWENTY THREE THOUSAND THREE HUNDRED TWENTY TWO AND N01100 Dollars (S_223.322.00 ),for the payment whereof Principal and Surety bind themselves,their heirs, executors. administrators, successors and assigns.jointly and severally,firmly by these presents_ WHEREAS. Principal has by written agreement dated AUGUST 25, 1994 entered Into a contract with Owner for "CONSTRUCTION OF OAKVIEW LIBRARY, HUNTINGTON BEACH, CA" /q r� /� In accordance with drawings and specifications prepared by t�!1 AI /S AQ•I /1 fC NZ T 115C Y5 ,. which contract is by reference made a;an hereof and is hereinafter relarred to as the Contract. NOW.THEREFORE. THE CONDITION OF THIS OBLIGATION is such that,If Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use In the performance of the Contract.then this obligation shall be void;otherwise It shall remain in full lorce and effect,subject,however.to the following conditions. 1) A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor. material, or both. used or reasonably required for use In the performance of the Contract.labor and material being construed to Include that part of vo sler,gas, power. light.heat,oil, gasoline,telephone service or rental of equipment directly applicable to the Contract. 2) The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined. who has not been paid In full before the full expiration of a period of ninety (90) days attar the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3) No suit of action shall be commenced hereunder by any claimant: a) Unless claimant,other than one having a direct contract with she Principal. shall have given written notice to any two of the following- The Principal,the Owner.or the Surety above named,within ninety (90) days attar such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is being made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by malling the same by registered mail or certified mail, postage prepaid. In an envelope addressed to the Principal, Owner or Surety, at any place where an office Is regularly maintained for the transaction of business,or or serviced In any manner in which legal process may be served In the state In which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1)year following the date on which Principal ceased Work on said Contract.It being understood. however.that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as 10 be equal to the minimum period of limitation permitted by such law. c) Other than In a state court of competent jurisdiction In and for the county or other political subdivision of the state In which the Project, or any part thereof.is situated,or In the United States District Court for the district in which the Project,or any part thereof. Is situated, and not elsewhere. A) The amount of this bond shall be reduced by and to the extent of any payment or payments made In good faith hereunder. inclusive of the payment by Surety of mechanics'liens which may be filed of record against said Improvement,whether or not claim for the amount of such lien be presented under and against this bond. Signed and scaled this 13TI{ day of SEPT121BER A.D. 19 94 TLS CONSTRUCTION,INC. { Inelpal) (Seal) 11n �1� (Witness) [T I e) WA t N ON RANCE COMPANY ty (Seal) (Witness) 0 Revised 01193 C IAEL QU LEY, orney-In—Fact E �SHINGION INIERNATIONAL INSURANCE Ct7111'ANY PE&TR Of ATTORNEY ttNtPJ ALL MEN BY THESE PRESTNIS: That the Washington international Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having Its principal office In the Village of Schaumburg, Illinois does hereby constitute and arpaint JENNIFER JOHNSTON AND MICRAEL A. QUIGLEY EACH IN THEIR SEPARATE CAPACITY Its true and lawful attorney s)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings. recognizance%, contracts of Indemnity and other writings obligatory In the nature thereof, which are or may be attowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrunwrmt(s) In pursuance of these presents, shall be as binding upon the said Washington international Insurance Company as fully and amply. to all intents and purposes, as If the same has been duly executed and acknowledged by its President and its principal office. this Power of Attorney shall be limited 1n amount to S2.000.000.00 for any single obligation. Ihls Power of Attorney is Issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22. 1918, July 3. 1980 and October 21, 1986 which read, In part. as follows: 1. The President war designate Attorneys-in•Fact, end authorize them to execute on behalf of the Company, and attach the seat of the Company thereto, bonds. and undertakings, recognizance%, contracts of Indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-ract. who are hereby authorized to certify copies of any power-ef- attorney Issued In pursuant to this section and/or any of the By-law% of the Company, and to remove, at any time. any such Attorney-in-tact or Special Attorney-in-fact and revoke the authority given him. 2. the signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate. bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTI"URT talEs qE,,UUhe Washington international insurance Company has caused this instrument to be signed end Its corporate seat to be a�tsl1� ll:;,�uthorized officer, this lit day of January, 1994. it, IL •�••�q1"" TO NN E NATIONAL INSMANCE CUMPANTN 5 A orT, VicePresident AL STATE Of A 11�1-1! ••• •'•• . \\\` . It COUNTY Of C601f1111111110 On this lit day of January, 1994, before me came the individual who executed the preceding instrument. to me personally know, and, being by me duty sworn, sold that he It the therein described and authorized officer of the Washington International Insurance Company; that the seat affixed to said Instrument is the Corporate Seat of said Cmrtpany; IN IESIIW*1r1+11t!RO iI A}es` *��{tnto se hand and affixed ay official Seat, the day and year first above written. CHRISTME ZAaETSKY 1 NmstuY Pa�Pit. Stale oI Iiiinois fist ne 2aretsky, N tory Pt� is jAj Comfft*On 1101l {4-7-96 y Commission EFpires ctober 1996 CERTIFICATE: STATE Of ILLINOIS) CCU41T Of COOK) 1, the undersigned. Secretary of WASIIINCTON INTERNATIONAL INSURANCE CCMPANY, an ARIZONA Corporation, 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remmains in full force and has not been revoked, and furthermore that Article 111, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth In the Power of Attorney. are now in force. Signed and sealed In the County of Cook. Voted the`13THday of ?^SEPT ENBER , 19 94 Lewis M. Moeller, Secretary i STATE OF CALIFORNIA SS. COUNTY OF ORANGE On SEPTEMBER 13, 1994 ,before me, J. JOHNSTON PERSONALLY APPEARED _ HICHML A. QUIGLEY APPROVED AS TO FUE12 ' personally [crown to me (or proved to me on the basis of GAIL ' satisfactory evidence) to be the person(s) whose name(s) CITY AT is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ B3F: Atto her/their authorized capacity(ies), and that by his/her/ Boputy C1tY their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed J. J04NSTON the instrument. COMM.01007524 6i ti Notary public Catifornia m WITNESS my hand and official seal. d ORANGE COUNTY PAY commission Exp.10122191 Sign Vds arm for Ofcial Notarial Scat OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT MEESI ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: MWE of PERSONS)OR ENTMVES) SIGNER(S)OTHER THAN NAMED ABOVE ro-nRI Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT Duplicate of A.I.A.Form A311 Feb. 1970 Edition BOND # S-400 2011 i� PRDIIUM: $4,35C ` APPRO`j,—eD AS TO FOFdd:. PERFORMANCE BOND SAIL HUTTON CITY ATTORNEY KNOW ALL MEN BY THESE PRESENTS: By: That TLS CONSTRUCTION, INC. }� as Principal, hereinafter called Contractor.and WASHINGTON INTERNATIONAL INSURANCE COMPANY .as Surety, hereinafter called Surety.are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee. hereinafter called Owner. In the amount of TWO HUNDRED TWENTY THREE THOUSAND THREE HUNDRED TWENTY T6'0 AND NW1Oa(s 223.322.00-- ). for the payment whereof Contractor and Surety bind themselves.their heirs.executors.administrators.successors and assigns,jointly and severally.firmly be these presents. WHEREAS. Contractor has by written agreement dated AUGUST 25, 1994 entered Into a contract with Owner for "CONSTRUCTION OF OAKVIEW LIBRARY, HUNTINGTON BEACH, CA" in accordance with drawings and specifications prepared by M4 Rood 1q R 6 H I If C I-S which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW.THEREFORE.THE CONDITION OF THIS OBLIGATION is such that. If Contractor shall promptly and faithfully perform said Contract. then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be. and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder. the Surety may promptly remedy the default.or shall promptly: 1) Complete the Contract in accordance with Its terms and conditions.or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions.and upon determination by Surety of the lowest responsible bidder,or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder.arrange for a contract between such bidder and owner, and make available as Work progresses (even though there should be a default of a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the coal of completion less the balance of the contract price; but not exceeding,including the other costs and damages for which the Surety may be liable hereunder. the amount set forth in the first paragraph hereof. The term*balance of the contract price'as used In this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto. less the amount property paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration date o1 two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Onwer named herein or the heirs, executors,administrators or successors of Owner. Signed and seated this 13TIl day of SEPTDIBER A.D. 19 94 TLS CONSTRUCTION, INC. (PrInelps!) (Seal) (Witness) Vol (Title) WA I NAL INSU CE MPANY etyq (Seal) (Witness) [' CH ey AEL A. QUIGLEY, —in—Fact Revised 01193 STATE OF CALIFORNIA AS TD FORd„ S5. dpPROVED COUNTY OF ORANGE GALL IWTTOK CIT On SEPTEPiBER 13, 1994 ,before me, J. JOIiNSTON AaFuty City PERSONALLY APPEARED MICHAEL A. OUICLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the ,,, ,i,JOWiSTON entity upon behalf of which the person(s) acted, executed , yr '. COW-A.#1007524 a the instrument. N R NotarypuncCelornia 3) co ORANGE COUNTY WITNESS my hand and official seal. My Commission Ex¢.10122197 Signa h y This area for Official Notarial Seal OPTIONAL Though the data below Is nct required by law.it may prove valuat:le to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER nT>NISI TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTIIY0M SIGNER(S)OTHER THAN NAMED ABOVE 'a"M' Rev.61941 ALL-PURPOSE ACKNOWLEDGEMENT ` �SHIMGICH 1NiERMATIONAL INSURANCE CUtt'ANY • PWER OF ATTORNEY tNOV ALt KEN BY IHESt PRESENFS: That the Vag hIngton International Insurance Company. a corporation organ Ited and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg. III Ina[* does hereby constitute and appoint JENNIFER JOHNSTON AND MICHAEL A. GUICLET EACH IN THEIR SEPARATE CAPACITY Its true end tawfut attorney s}-in-fact to execute. seal and deliver for and on its behalf as surety. any and all bonds and undertakings. recognizances, contracts of Indemnity and other writings obligatory in the nature thereof, which are or pay be allowed, required, or permitted by low, statute, rule, regulation, contract or otherwise, and the execution of such Instrument(s) In pursuance of these presents. shall be as binding upon the sold Washington International Insurance Company as fully and amply. to at[ intents and purposes. as If the some has been duty executed and acknowledged by its President and Its principal office. This Power of Attorney shall be Limited In amount to 22,000,000.01) for any single obligation. This Power of Attorney Is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22. MG. July 3. 1980 and October 21. 1986 which read, In part, as follows[ 1, The President may designate Attorneys-In-Fact, and authorize them to execute on behalf of the Company, end attach the Seat of the Company thereto, bonds, and undertakings, recogni=ances. contracts of Indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-fact. who are hereby authorized to certify copies of any power-of- attorney issued In pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time. any such Attorney-In-Fact or Special Attorney-In•rect and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary. and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto. by facsimile. Any such Power of Attorney, certificate bond or udertaking bearing such facsimile signature or facsimile seat affixed in the ordinary course of business shall be valid and binding upon the Company. IN IESTi"DNY WHERI fflil he Washington International insurance Company has caused this instrument to be signed and its corporate seal to be a NA 11(biputhorlied officer, this 1st day of January, 1994. i a ; '•.Qy�+ GTOH 11E NAIIONAL INSURANCE Ct1MFANT z o r Cp� T (1 �� a►er � ' rT' r Q• •�+ r ' b S n P. A ,son Ylcr Prtsidcfrt A L STATE OF T e UM COTY Of MkI11111pnti On this tat day of January, 1994, before ace came the individual who executed the preceding Instrur+ent. to ae personally know, and. being by me duty sworn. said that he Is the therein described and authorized officer of the Washington international Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; fit TESff"If-110"Etfr�?"T a-��--^�iPit se hand and affixed my Official Seal, the day and year first above written. °C)F�IC1Av SEC ' ctiRIS71NE ZARETSKY I UU2-Alt-1 �ie(ttY PaaTt. State al Illinois �fistine Zaretsky, Mary Putt Ic Mf Comm'tt:on E�141 10 T-96 y Commission E(pires 6ctober . 1996 CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) 1, the udersigned. Secretary of UASHINGTON TNTERNATIONAL INSURANCE CCWANY. on ARIIOKA Corporation, DO WEREST CERTIFY that the foregoing and attached P%*R OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article M. Section 5 of the By-Laws of the Corporation, and the Resolution of the Beard of Directors, set forth In the Power of Attorney, are now In force. Signed and staled in the County of Cook. Dated the/'f13Tllday of SErTFXBER , 19 94 Lewis M- Moeller, Secretary t��1��■� 's - a . �� ISSUE DATE IMM-OWYY) 9-15-94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE Schonwit Insurance Agency DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 17621 Irvine Blvd. 0106 POLICIES BELOW._ - - Tustin, CA 92680 COMPANIES AFFORDING COVERAGE COW-PAN" - -- ---- - LETTER A . Scottsdale Ins. Co. COMPANY INSURED LETTER B TLS Construction, Inc. COMPANY LETTER C 1026 E. 4th St. - - - - -- - - - Santa Ana, CA 92701 COMPANY LETTER D COMPANY LETTER �— - - - 1��__ ^_v�JG.ey_.fh1"_r�t��.�_Y_`_ =_`^_�'rSL�_/+�Y�: _ _ _�.i�y-_�1a��>> �•;1-- --._ i. fSdE lfiE�-��7�_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDIYG ANY RECUIREAII_NT.TERI1 OR CONDITION CF ANY CCNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 11AY BE ISSUED OR KIAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. CO POLICY EFFECTIVE OLICY ExPIRATION LIMITS LTR1 TYPE OF INSURANCE POLICY NUMBER- --�-- I DATE(MM1DD/YYDATE(MMlDD1YY) � - --- - ---- - A GENERAL LIABILITY � IBOOILY INJURY OCC. I$ X COMPREHENSIVE FOAM CLS 509089 4-11-94 4-11-95 I BODILY INJURY AGG. I:_ _ • X PREMISES.'OPERATIONS PROPERTY DAMAGE OCC. 15 L•NDERGROUND EXPLOS-O;i l COLLAPSE HAZARD PROPERTY DAMAGE A3G. S X PRODUCTS•COMPLETED OPER. AFFROv D AS TO FO x _ _ LBf fl P3 COMBINED OCG. 1s 1 1000 1000 X CONTRACTUAL GAIL TTOki of a PO COa4 ewEO AGG- t I,000,000 X rNDEPEr:DE�1T CCtiTRACTORS CIT ArT0 ?� LPERSONAL INJURY AGG X BROAD FORM PROPERTY D IAAGE n s � - -- �- --- PERSONAL INJURY — BYT1nriV City.At 1. TnBQ AUTOMOBILE LIABILITY BODILY INJURY ANY AUTO -- - ---- --- --_ --- - - - - �(Per p,r,on :) --- � - - ALL OWNED AUTOS(Priv.Pass. ) I BODILY 1NJURY i= ALL CAIN;ED AUTOS(Other Than L(Per accident) fl Pnv.Pass. _ HIRED AUTOS I w0N-OwNE0 AUTOS (PROPERTY DAMAGE If GARAGE LIABILITY l BODILY INJURY S PROPERTY COMBINED DAMAGE i� EXCESS LIA81LITY I EACH OCCURRENCE Is UMBRELLA FORM [AGGREGATE I t OTHER THAN UMBRELLA FORM I I WORKER'S COMPENSATION STATUTORY LIMITS — AND LEACH ACCIDENT S EMPLOYERS'LIABILITY [DISEASE-POLICY LIMIT 1 s DISEASE-EACH EMPLOYEE 1 f :ESCRJPTIONOF OPERATIONS.LOCATIONS.'VEHICLESISPECIALfTEMS Subject: Oakview Branch Libraty;CC-874 Contruction roni-rx_ r The City of Huntington Beach, its agents, officers, and employees are named as additional insured. :: ••�_`rr j- =� - -- --- : -ter--_ ��:-•�'�Z-s• ---� -.--- r--: �.-a=-- - --r -- --- - :• -' ,+ ^ti::Ss•c .< •��:iti wa�.�� r. ��:r:�t�.'.�..=,..� �' .wV 1?'•%r 'b� ���=�"- _� [AUTHORIZED HOULD ANY OF THE ABOVE DESCRIBED POLICES BE CA*ICELLED BEFORE THE City of Huntington Beach PIRATION DATE THEREOF. THE ISSUING COMPANY WILL XXXRMXXXXXX �6&L 2000 Main Street AIL 30_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NALIED TO THE Huntington Beach, CA 92648 FT. XXXXXXX')D=XXX)C=x�ofJC=XXXxxX XXXX]tXXX= r = Xx>czxaxaxaxxaxxgx xxxxx KXXXXXXXX1Xr.K :==X _ — �g REPRESEN ITIVE e- CDLt�, ? (The Attaching Clause need be t� .'Jeted only when this endorsement is Issued subse;,,�to preparation of the polity.) LIABILITY L 9110 (10-66) GL 2012 (Ed. 07-66) G 110 ADDITIONAL INSURED (State or Political Subdivisions—Permits) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective 9-15-94 , forms a part of lViEXCI93 ASGJ%Fye g9 (12.01 A.M.,standard time) GAIL 1WTT011 issued to TLS Construction, Inc. CITY OR. B7• Attar 4 by Scottsdale Insurance Company Deputy City • S Authorized Representative SCHEDULE Designation of State or Political Subdivision: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Premium Limits of Property Damage Liability $ 150.00** $ * each occurrence $ 4.50 $ - .75 $ * aggregate $155.25 *See L6108 **flat Fully Earned M It is agreed that the"Persons Insured"provision includes as an insured any state or political subdivision thereof desig- nated in the schedule above, subject to the following additional provisions: 1. The insurance applies only with respect to operations performed by or on behalf of the named Insured for which the state or political subdivision has issued a permit. 2. The insurance does not apply to bodily Injury or property damage (a) arising out of operations performed for the state or municipality, or (b) included within the completed operations hazard. 3. if the Property Damage Liability Coverage is not otherxise afforded,such insurance shall nevertheless apply with respect to operations performed by or on behalf of the named insured for which such permit has been Issued subject to the limits of liability stated herein. SCHONt"if,r I?NSURXt XE AGENCY DATED: 9-15-94 714-83E-5835/FAX 83c-8166 "`• 17621 IR111511 MD.,STE. 1Co "." ' TUSTIN,CA 92c80 DATE: Wednesday, July 27, 1994 - 2:00 p.m. - EMMM'S ESTIMATE: - $179,000 - PROJECT M=:- Randy Huttenberger - JOB TITLE AND CC#: OAKVILT BRANCH LIBRARY at OaMew Elonenta School; CC-874 BIDDER'S M4E TOTAL BID A','D= I. American ��odular Systems 2. B. K. Construction � - - -- - - - 3. Brandall 1-bdular Corporation - I r- - 4. Chaarance and Associates 5. E. M. S. Constructim 6. Fast_E. C. D. , Incorporated ,�� _3 y 9. p D _7,. -C. 17. Electric Camay - - _8. Irvine Engineering Corporation + alp 9. 9 �1 9, .o ,D _9_. 0. J. Construction -- I 10. 14. E. O'Neil Corporation I ! . Profile Str=t=es Corporation __ I .3�(P - - - - - ---- - - - -- 1 , 12. Starlings Construction 13. T. L. S. Construction 14. Temn Construction RECEIVED CITY CLERK CITY 3f HUNTINCTCli LEACH.CALIF. JUL 27 1 59 154 w w a w f.- N �,.ti x t� x � Oa Z LZ 'IF D3A►333u depende r1 7/7 7//4 NOTICE INVITING BIDS 7/1./ for `i� OAKVIEAV BRANCH LIBRARY (CC-874) Notice is hereby given that sealed bids will be received by the Huntington Beach City Clerk at City Hall, 2000 Main Street,Huntington Beach, CA 92648, until the hour of 2:00 PtiI on July 27, 1994, at which time bids will be opened publicly and read aloud. Plans, specifications, and other contract documents may be obtained starting July 5, 1994 at City Hall, Department of Public Works upon receipt of a non-refundable fee of$30.00 if picked up or$35.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid , made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by Iaw. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 18th of April- 1994 Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 REQUES; FOR CITY COUNCIL AFION ED 94-14 Date April 18, 1994 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Adminis �6,-, - Prepared by: Barbara A. Kaiser, Deputy City Admi is 1 onomic Development Ron Hayden, Director of Library Servi Louis F. Sandoval, Director of Public Subject: Reprogramming of CDBG Funds and Approvals for Oakview Library Piv ett, CC-874 APPROVED BY CITY COUNCIL `�— /00 19 9q Consistent with Council Policy' [X] Yes [ ] New Policy or Excep CffY CLIRK Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: OW Statement of Issue: The Department of Housing & Urban Development (HUD) requires that a public hearing be held when a substantial amount of CDBG funds is reprogrammed to another activity. The public hearing conducted by the City Council will fulfill this requirement. Since the commercial rehabilitation program will not be implemented, staff is recommending that funds be reprogrammed to the Oakview Library project. Plans and specifications for the construction of Oakview Library have been completed, and staff is ready to proceed with construction bids. Recommended Agency Action: 1) Conduct the public hearing to reprogram CDBG funds. 2) Approve the reprogramming of the commercial rehabilitation funds to the ` Oakview Library project ($175,230). 3) Approve the plans and specifications for the construction of the Oakview Library, and authorize the Director of Public Works to solicit construction bids. 4) Approve the attached sample contract, subject to award of contract by the City Council to the approved lowest responsible bidder. Yt Analysis: �` f Oakview is a CDBG enhancement area with a high concentration of ethnic minorities and low-income households. Currently, Oakview has a community center, police substation, an elementary school, and offices of various county agencies. However, these services do not provide an opportunity for extended educational development for all Oakview residents. To assist in the social and educational development of the residents in this neighborhood, the staff, Library Board, and Oakview Task Force determined that a branch library would be an important community service. A community needs analysis was conducted which showed a high-level of community interest, as well as a desire on the part of residents to volunteer if a branch library were built. (Summary of needs analysis and survey results, are attached). Services to be provided are: children's story hours, literacy tutoring, homework assistance, children and adult reference and checkout materials. On February 1, 1993, the City Council approved a contract with Van Roon Architects to develop a site plan and specifications, including layout, grading, sewer, and waterlines. These plans have been completed and were approved by the Planning Commission on August 3, 1993, and subsequently by other applicable city departments, and the Ocean View School District. The architect also prepared cost estimates for the project in July of 1993, of $159,300. A 10% contingency of$15,930 has been added for the total estimated cost of$175,230. The Oakview Library project consists of 1,920 sf., city-owned, modular library unit to be constructed on the site of the Oakview Elementary School. Included is a 15,000 sf parking Iot with 54 standard parking spaces and two handicapped spaces, four city standard light poles, a masonry trash enclosure, an onsite fire hydrant, 325 If of 4 foot chain link fencing, and the repair of existing fencing, and all plumbing, electrical, and foundation work for the modular building. The Oakview Branch Library project, if approved by Council on April 18, 1994, is estimated to open on January 1, 1995. Estimated costs and revenues are listed for fiscal years 1993/94 and 1994/95: 1) F-W3194 Estimated Costs a) Construction costs, building, parking lot, $ 175,230 site work, grading & related costs b) Personnel • No personnel costs during construction 0 c) Operating • Books 5.000 Total Costs FY 1993/94 $ 180,230 2 2) E' 1993/94 Estimated Revenues %%.) a) Construction revenues (CDBG) $ 175,230 site work, grading & related costs b) Operating Revenues • Oceanview School District - Books 5,000 • McDonnell Douglas Employees 5,000 • Bank of America Foundation 2,500 • Rainbow Disposal 25, $ 37,500 Total Revenues FY 1993/94 S 212,730 Personnel 3) umm Total FY 1993/94 Revenues $ 212,730 Total FY 1993/94 Costs 10.23Q Carryover Balance $ 329500 4) FY 1994195 Estimated Costs PersonnellOperating Costs (opening date, January, 1995) a) Personnel (9 months) • 1 Library Assistant -20 hourstweek $ 18,738 • 1 Library Clerk Recurrent 400 • 1 Maintenance Worker Recurrent LAD Total Personnel $ 20,578 b) Operating (9 months) • Shelving $ 1,500 • Supplies 1,000 • General operating, maintenance 11500 • Books Ln Total. Operating $ 5,000 Total FY 1994/95 Estimated Costs $ 25,578 3 5) FY 1994195 Esti6ed Revenues Carryover Balance S 32,500 6) Summary Total FY 1994/95 Revenue Balance S 32,500 Total FY 1994/95 Costs -25,578 Carryover Balance $ 6,922 It is anticipated that funding will be obtained through grants, fundraising, and inclusion in the Library budget to provide ongoing operation as part of the Library system for future years. On March 3, 1994, the Citizens Advisory Board (CAB) approved reprogramming the commercial rehabilitation funds of $195,000 to the Oakview Branch Library for an amount of $175,230. The CAB requested that staff express to the City Council its concern that the city make a commitment to continue to staff this facility once construction costs are allocated. To construct the facility and then close it after one year of operation would be a waste of CDBG resources, according to CAB members. Environmental Status: A Negative Declaration No. 93-11 has been approved by the Planning Commission of the City of Huntington Beach on August 3, 1993. Funding Source: Project Cost Estimates: Contract estimate S 159,300 Change order contingency (10%) 15.930 Total Project Cost Estimate S 175,230 CDBG (18th Program Year Funds), reprogrammed from commercial rehab account. Alternative Action: 1) Do not approve the reprogramming of funds, and forego construction of improvements. Attachments: 1) Project Location Map. 2) Sample Contract. 3) Needs Analysis Summary R Survey. 4) Site Elevations. 5) Building Preliminary Floor Plan. (921) 6) Fiscal Impact Statement. 4 ATTACHMENT 1 asoL sr � w b ~Afr, �•fTFR � W • � � TALIfRT civic o � 2 `� ti GAR F/DLO 4 r f r AA4�f z - PROJECT LOCATIONS MAP t ATTACELMENT 2 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF THE OAKVIEW LIBRARY JABLE OF CONTENTS a e No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8, BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE I.AW 6 12 CALIFORNIA PREVAILING WAGE LAW-PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW-PENALTY 7 15. PAYMENT OF TRAVEL 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS 1N ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTIOy OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28, INSURANCE 13 29. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 30. DEFAULT&TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER 15 32 NOWASSIGNABILITY 16 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND ACT 18 42. CONTRACT WORK HOURS 18 43. CLEAN AIR ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ENTIRETY 21 SAMPLE 0AK1/IEW.D0C6lagree/94.20SC4r0 W Sample FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF THE OAKVIEW LIBRARY THIS AGREEMENT is made and entered Into on this day of 1994, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and a hereinafter referred to as"CONTRACTOR" WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as construction of the Oakview Library in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, In consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements,from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheets). 2. ACCEPTANCE OF CONDITIONS OF WORK• PLANr2 AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the Job site, and the conditions under which the work is to be performed, and that it enters info this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, snail be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents"as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the 2 SAMPLE 6IFENAGREE04%194 Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"),without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars ($ as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT 3 SAMPLE 6/FWAGRMD4'D M to completion within one hundred twenty(120) calendar days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence In the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon In writing by the DPW. 4 SAMPLE 6/FEWAGREEM4lO6W When directed to change the work, CONTRACTOR shalt submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered In writing by the DPW and the proper cost thereof shall be negaVated by the parties upon cost and pricing data submitted by the CONTRACTOR;thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay In commencement of the work due to unavailability of the job site,for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. B. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement,furnish the following three bonds approved by the City Attomey: One in the amount of one hundred percent(100%)of the contract price to guarantee the CONTRACTOR`s faithful performance of the work; one in the amount of one hundred percent(100%)of the contract price to warrant such performance for a period of one (1)year after CITY's acceptance thereof; and one in the amount of one hundred percent(100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 5 SAMPLE W WAGREEM4M 94 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any Installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code sections 12900 et seq. 11. PALIFORNiA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW- PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, a penalty to CITY,forfeit twenty-five 6 SAMPLE &FED/AGREM410EM dollars ($25)for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT-HOUR LAW California Labor Code, Sections 1810 of seq, shall apply to the performance of this Agreement; thereunder, not more than eight(8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8) hours of labor per day or forty(40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW PENALTY pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25)for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker Is required or permitted to work more than eight(8) hours in any one (1) calendar day or forty(40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISIENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this p. 7 SAMPLE &FEDJAGREElO4W/94 17. PAYROLL RECORD CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the-same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY,as liquidated damages and not as a penalty, the sum of Dollars 8 SAMPLE STMAGREM4*6*4 ($ per day for each and every working days delay in completing the work in excess of the number of worldrng/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or 9 SAMPLE 61FEWAGREE1O4P0 W extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without[imitation the furnishing of material by CITY or delays by other contractors or subcontractors,will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 20 DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease In the time required for performance of any part of the work under this Agreement,whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are 10 SAMPLE VFMAGREE10410C+M either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used In construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant 22. PROGRESS PAYMENTS each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent(10%)will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent(50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and Is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent(1009/6)of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded 11 SAMPLE &'fEOIAGREE"V 4 has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed,all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. WAIVER OF CLAIMS She acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, Indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein 92 SAMPLE 61FWAGREEM4106G4 undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE pursuant to California tabor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq, of said Code,which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily Injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall fumish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE CONTRACTOR shall carry at all times Incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property 13 SAMPLE WEVAGREEM4106lM4 damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty(30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall 14 SAMPLE &FEo/AGREEM4VQS4 pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 15 SAMPLE &FEWAGREE104 OGM 32. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 33. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 34. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein sha'1 in no way be held to explain, 16 SAMPLE G'FEo/AGREEM4MV94 modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis- Bacon Act(40 USC section 176a, et seq.)for each craft or type of worker needed to perform this Agreement..CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT-OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled"Equal Employment Opportunity,"and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 SAMPLE 8l=AGREE04WID4 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment(1) qualified Vietnam veterans during the first four(4) years after their discharge and (2)qualified disabled veterans throughout their working life if they have a thirty percent(30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND"ANTI-KICKBACK"ACT CONTRACTOR and its subcontractors-shall comply with the provisions of the Copeland"Anti-Kickback"Act(18 USC Section 874), as supplemented in Department of Labor regulations,which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act(40 USC 327 et seq.) as i8 SAMPLE &FMAGREEAWDS1D4 supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR snail be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek Is permissible provided that the worker is compensated at a rate of not less than 1-112 times the basic rate of pay for all hours worked in excess of eight(8) hours in any calendar day or forty(40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no taborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency(EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the DPA List of Violating facilities. 19 SAMPLE rdFEDJAGREFJ1040G 4 � v (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a)thorough(d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act(42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY Is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 20 SAMPLE 6/FMAGREE104W3fCA 47. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers, the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH,A municipal corporation of the State of California By: print name ITS: (drde one)ChairmantPresidentNce President Mayor By. APPROVED AS TO FORM: print name ITS: (drde one)Secretary/Chief Financial Ofticer/AssL Secretary-Treasurer amity Attomey (�4t-•g ATTEST: INITIATED AND APPROVED: City Clerk Director of Public Works BZVtEjWED AND APP ED: City AdminisValor 21 SAMPLE SIF WAGREEM4WI94 ATTACHMENT 3 ANALYSIS OF SURVEY 665 -Surveys were distributed 387 (57.7%)-Returned 600-Oak View Elementary 332 (55.3%)returned 25 -Oak View Community Center 9(28%)returned 40-Mesa View Middle School(Grades 6-8)28 (70%)returned Total population of Oak View census area 7,256 Total persons represented in households from survey 2,608 (35.91/o) Questions: 1. 275 (710/6)of the families would participate in story hours for children 3-6. 2. 340(87.81/o)of the families would attend story hours for children 6-9. 3. 584(65.111/o)of 896 adults would attend adult English class. 4. 516(57.5%)of 896 adults would use one-on-one English assistance. 5. 319(82.4%)of the families would like homework assistance. 6. 348 (89.91/1o)would like to borrow English and Spanish Iibrary materials. 7. 3I7 (81.9%)would use information on social services. 8. 296 (76.4%)would use information on jobs or financial assistance. 9. 328 (84.7%)would use computer instruction. 10. 347(89.6%)of the families would participate in children's summer reading program. 11. 322(83.2%)would like bilingual staff. 12. Only 122 (35%)used the Central Library. 13. 11 schools were represented,3 attended Golden West College 14. 369 (95.3%)spoke Spanish. OAK VIEW BRANCH SURVEY Dear Parents, We need your help. The City Council of Huntington Beach wants to know if a library and reading center would be used if it were built next to the Oak View Elementary School. Please help them decide by answering these questions with your child or children. Please write in the number of people in your household in each age group Under 6 492 15-18 162 6-9 _ 839 over 18 802 10-14 _311 Total persons in households Z.608 Do you think the following services are needed and would be used by your family or neighbors? 1. Storyhours for children 3-6 (stories,puppets,singing) 275 yes ❑ no ❑ 112 2. Storyhours for children 6-9 340 yes ❑ no❑ 47 (stories, crafts,singing,finger plays) 3. Adult English classes -small groups a. held in the morning 198 yes ❑ no ❑ 189 b. held in the afternoon 167 yes❑ no❑ 220 c. held in the evening 219 yes❑ no ❑ 168 4. Adult private one-on-one help with English a. held in the morning 169 yes❑ no❑ 218 b. held in the afternoon 161 yes❑ no ❑ 226 e. held in the evening 186 yes❑ no ❑ 201 5. After school homework assistance 319 yes ❑ no ❑ 68 6. Books and magazines to borrow in English and Spanish 243 yes❑ no❑ 144 7. Social services information such as housing,health care, 317 yes ❑ no ❑ 70 legal assistance,citizenship 8. Information on jobs or financial assistance 296 yes❑ no❑ 91 9. Computer instruction 328 yes 0 no 0 59 10. Childreds summer reading program 347 yes Q no❑ 40 11. Bilingual staff 322 yes❑ no❑ 65 Please also answer the following questions: 12. Do you use the Central Library on Talbert and Goldenwest? 122 yes ❑ no 11265 13. Which school or schools do your family members attend? Marine View=26,College View=3, Mesa View=64, Spring View=3,Oak View=316,Hope View= 1, Lake View= 1, Vista View=1, Ocean View H.S. =50,Valley Vista H.S.=2, Golden West College=4 14. What is your native Ianguage/languages? English _18 Spanish 3¢9 Vietnamese.2, Cambodian Japanese Korean Chinese Other 15. How would you come to the new library if it were located next to the Oak View Elementary School? Bicycle ❑ 20 Walk ❑ 346 Car ❑ 28 Motorcycle ❑ 16. If your help was needed at the library,would you be 1 hour ❑ 162 willing to volunteer each week? 2 hours ❑ 60 3 hours ❑ 36 more than 3 hours ❑ 3 I could not volunteer ❑ 126 17. Do you rent or own your residence? Rent ❑ 375 Own ❑ 12 18. If you own your residence and do not rent,would you be willing to pay an additional tax of S.15 per day to have the library and reading center available for the Oak View community? 66 Yes ❑ No ❑ 321 Thank you for your help by completing this survey. Total surveys distributed 665 Total surveys returned 387 Please return by Tuesday,March 1, 1994 to any of the following people: Julie Stein,Principal,Oak View Elementary School Fran Andrade,Oak View Elementary School Liaison Colleen Gelfer,Oak View Community Center Steve Johnson,Principal,Mesa View Middle School 4x lk-4> 0 0 —PREUNUNARY FLOOR PLAN dC i Ef.;dll 7ii, I r r I L PRELIMINARY EXTERIOR ELEV6TIONS ll T ii i::Z!== ZU TYPICAL BU!LDIN(%x SECTION I 2) REFLECTED Ce!LINC-.v PLAN • i N m 4 ' 4 T-Y W-W tY-i> Y�-IV iC-14' yar v-ti• ra• tr�. x a a CIE i = i _ : a 7 ESL 7i77 PAADl. r READI� rARE:A `. (30-1 Li ti y TUTUR/I.I TE2AGY I MEN y ; f n . A u_x � w. JAN. .. • �� z m BEGINNING READER - H � ` M ® m 0 PRE-SCFCDL. STORYTIME PFREL.I�"fiIu►�,Wr FLOOR PLA AREA CIRCULATION IIESK 0 1/8'=1'-i -4- Z-1 (3 VAN ROOM ARCHrTECTS J 1us ers Sirf1 PA. /mt sn ll 7" L 176Sx Z nrr-4a*7-a H r� tt•-•s�.�rrt � 3/15/93 �He CITY OF HUNTINGTON BEACH 0" INTER-DEPARTMENT COMMUNICATION MUNTIWO NN ar�cH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED APPROPRIATION FOR CONSTRUCTION OF THE OAK VIEW LIBRARY, FIS 94-37 DATE: APRIL 8, 1994 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of$175,230 to fund the construction of the Oak View Library. Upon approval of the City Council and as of the above date, the balance of the unencumbered Community Development Block Grant (CDBG) Co mercial Rehabilitation Account would be reduced by$175 230 to 20A ROBERT J.PRANZ Depdtty City Administr or RJF:skd FIS94-37.DOC 04108/94 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a PU13UC NOTICEW~ party to or interested in the below PUBLIC NOTICE PUBLIC Itl:mIna entitled matter. I am a principal clerk of NOTICE Folk coxstotauTtaN the HUNTINGTON BEACH INDEPENDENT, a °FRCOMM �,i'n'"tNa news pa er of general circulation, printed DLOCXCIRANT P p g p BLoctc OliAtiT , . and published in the City of Huntington ,s„WN 1S Beach, County of Orange, State of '��'"'Ab c Ho "ng to st . attend . Fubl:c Heui re , the CZ of Huntington � California, and that attached Notice is a Beach �;, Canter. 2W Maintrue and complete copy as was printed bOrg atStr 7: Council or u beri at 7:00 Pht, Or u soon thereetrer a$ pot. and published in the Huntington Beach sibie. The purpose of the Public and Fountain Valley issues of said Hewing is 10 consider, 94 propnmminp t993/9� COmmunity DjvoWpment newspaper to wit the issue(s) of: Fo .r 1G) Funds blfliatipn account for: A Branch Ubruy, located at a p►adet+rrnlned Me in the Ca-iew area. The amount to be reprogrammed for the branch library is April 7 1994 s CO 230. mmrtMa may Ds cub. mitred In writing to: Tr:e C•ty of Huntington Desch. Economic Development Department, 2000 Main IM1901. Hunt Saach, . 1 declare, under penalty of perjury, that CWOmIa9Z6 11,53& the foregoing is true and correct. 1110 Dated April sib, Cennte Brealtway, Itunnnpton Beach Clty Clerk. Executed on April , -i 99 4 Published Hurt sy In , at Costa Mesa, California. de�"'d"""�"7•9". .2 10, Signature PUBLIC NOTICE PUBLIC HEARING NOTICE FOR CONSIDERATION OF REPROGRAMMING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS On Monday,April 18, 1994, Citizens are invited to attend a Public Bearing at the City of Huntington Beach Civic Center,2000 Alain Street, Council Chambers at 7:00 PM,or as thereafter as possible. The purpose of the Public Hearing is to consider reprogramming 1993/94 Community Development Block Grant (CDBG)Funds from the Commercial Rehabilitation account for: A Branch Library,located at a predetermined site in the Oakview area. The amount to be reprogrammed for the branch library is $175,230. Comments may be submitted in writing to: The City of Huntington Beach, Economic Development Department,2000 Main Street,Huntington Beach, California 926481 .s3 4—s5 Pd- n� toc��wR , r Ru-rx4lk�+M C leizk . 'l R-015k, PUBLIC NOTICE PUBLIC HEARING NOTICE FOR CONSIDERATION OF REPROGRAMMING C04INIUNITY DEVELOPMENT BLOCK GRANT FUNDS On Monday,April 18, 1994, Citizens are invited to attend a Public Hearing at the City of Huntington Beach Civic Center,2000 Alain Street, Council Chambers at 7:00 PM, or as thereafter as possible. The purpose of the Public Hearing is to consider reprogramming 1993194 Community Development Block Grant(CDBG) Funds from the Commercial Rehabilitation account for: A Branch Library,located at a predetermined site in the Oakview area. The amount to be reprogrammed for the branch library is S175,230. Comments may be submitted in writing to: The City of Huntington Beach, Economic Development Department, 2000 Main Street, Huntington Beach, California 92648. 'nYLI� NwDc�CCr�R , C leizk- V I have received the Faithful Performance' Bond and the Labor and Materials bond for C C — 8 7 4 0 a k v i e w B r a n c h IAih gry _ on behalf of the Treasurer's Office. Dated By: TI'a-zcN INDEMNITY COMvANY 1 San Antonio.Texas BID BOND BOND NUMBER 107136 KNOW ALL MEN BYTHESE PRESENTS: That I RV I NE ENG- NEEFE I IVG CORPORATION of MILE . .ns Principal,and TITAN INOENINTTY COMPANY. . a Tans corporation,as Surety,art♦held and fltmly bound unto CITY OF HUNT I NGTON BEACH es Obligee.In tha tun and Just sum of TEN PEEQEUL-QF NjXXLBT D-- --_-_---------- ��IQI TR-E2CCEER (E1`!TY-E,L1LE_ThWSAN AU) ND/1Q 4__�w-_--C�25,�000.00�r,._. Dortars, lawful money of the United States,for the payment of vrhiC h sun%Overt and truly to be mads,we bind ounetves,out heirs,executors. ■dminlatn:ors,successors and assigns,Jointly and severalty,Emtily by these presents. WHEREAS.the said Principal Is herewith submitting its proposal � j OAKVIEW BRANCH LIBRARY t - i I THE CONDMON OFTHIS OBLICIATION is such that if tho alomssid Principal"It be award4dthe ountradthe said Principal vvilt.within the time required.enter Into a formal corttnKl andgive a;ood and sufficient b-ond to secure the Performance olThe terms s and conditions of the contracL then this obligadonto be void;otherwise the Princpal and Surety Wil pay unto the Oblraee the c iffenmce in moneybetwean tha a mount of th a bld of the Said Principal and the amount lot wh`ch the Obligee fegallycontracts with another partyto Parlor mtheworklfthe latter smountbeinexcessoftheformer,butinnoaventshaliliabilityhereundefesceedthe r Pena cum hereof. Signed,sealed and delivered JUL.Y 20, 1994 (Date) t` )RyMFnr 1NEER1W-L MRE0 AI1.ONw REAL TITAN INDEMNRY MP -- E. _ Attorneydn-fact ne-sa•a 1 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Nas9ox State of CAL1EQRtjJ8 County of MN BERNARDINO On JULY ,0A 994 before me, TAMRA PONTI NOTARY PUBLIC • DATE NAVE.TITLE OF OFFICER-E.G.,JANE DOE,NOTARY PUBW personally appeared PHILIP E. VEGA N&W S)OF SIGNERIS) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istAm • subscribed to the within instrument and ac- knowledged to me that hel %executed the same In hislhxWitzilc authorized capacity(kas), and that by his/hrditmzr —.� TAN111A PONTI signature(a) on the instrument the person(t), *- �. COlr' .t�8-`75d3 �' or the entityupon behalf of which the [t �` Y T:OTRRY FU_uC-CALl1=Q'A:�Ill. P a ., '�` o�:��u�cov'vrnr person( acted, executed the instrument. hty rommfss:=,a c.pgres Jzi.14 Wa WITNESS my hand and official seal. _�l WL CL pantA�_ SiWmnM OF MrARY k OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form: CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER B I D BOND TITLE OR TYPE OF DOCUMENT GIs) ❑ PARTNER(S) ❑ LIMrrED ' ❑ GENERAL 1 ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ oVARDIANICONSERVATOR ❑ OTHER: JULY 20, 1994 - DATE OF DOCUMENT SIGNER IS REPRESEN717l11G: NAME OF PERSON(S)OR ENTMEIESI - TT TAN TUDEWNT TY COMPANY _ SIGNER(5)OTHER THAN NAMED ABOVE Be C1997 NATIONAL NOTARY ASSOCIATION•MG Rommel Ave.,PA Box 7184•Cawts Paris CA 91309.7184 -� Titan Indemnity Company 107136 San Antonio, Texas GENERAL P011TR OF ATTORNEY CONTRACT AMT: BOND AMT: 25,000.0a BOND No.: 107135 Know all men by these Presents,that TITAN INDEMNITY COMPANY has made,constituted and appointed,and by these presents does make. constitute and appoint .lay Freeman, Philip E. Vega Its true and lawful Attorney-In-Fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,bonds,undertakings,contracts of suretyship,and other documents of a sirnitar character issued in the course of Its business,and to bind the Company thereby,provided that no bond or undertaking or contract of suretyship executed under their authority shall exceed In the amount the sum of Five Hundred Thousand and 001100 Dollars ($500,000) This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Directors of TITAN INDEMNITY COMPANY on the 15th day of January,1993. Resolved:That Marti E.Watson,Jr..President.Ma*E.Watson.III.Secretary,(;chid J.Bodayle.Treasurer.Bob L 5brey.Executive Vice Pnmk%K and Gene Hok Vacs President oI surety Operations,W any of them.shall have the power to appoint Attomeys•hv-Fact as 1M business of the Corporation may require or b authoAte any persons to execute on behalf of the Corporarion any bonds,rrdwiskirgs,recogratanoes,s6puteb",poises.ewfraM avosr w'rs.#sods and release and assirmilm of judgments,decrees,mortgages arrd mirvnenta in the natue of mortgages and also el other hstmmerm and documents which the business of the Corporation may fecime and to affix the seat of the Corporation thereto. Resolved further.That the Company seal and the%ignature of any of Ore aforesaid officers may be affixed by lscsimiie to arry power or attorney certificate of either given for ft I of any bond.undertaking.contrary "sue ip.or other written obigow in the na"thersot,such signature and seal when so used being herby adoped by"Company as" original signature of such officer and the original seal of fhe Company.to be valid and Wkng upat the Company with the same tome and effect as though me malty affixed In Witness Whereof,TITAN INDEMNITY COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by its Secretary this I Sth day of January,1993. TITAN INDEMNITY COMPANY Attest: By: }.lark E.Watson,III,Secretary Bob L.Sibley.Executive Vice President The State of Taxes County of Bexar On this 28th day of May.1993 before me personally came Bob L.Sibley.to me known,who be-ng by me duly swom,dd depose and say that he Is the Executive Vice President of TITAN INDEMNITY COMPANY,the corporation described in and which executed the above instrument;that he knows the seat of the said corporation;that the seal afrxedto the said instrument is such corporate seat;that 4 was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Jill Bumgardner,Notary Public Certificate I,the undersigned,the Treasurer of TITAN INDEMNITY COMPANY,a Texas Corporation,00 HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and fuethermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed in the City of San Antonio,In the State of Texas. Dated the 20TM day of ,ULY ,19 94 M chael J.Bodayle,Treasurer (r)C GP0A OU49M r THE AMERICAN INSTITUTE OF ARCHITECTS AUDocwner tA310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe Fast E.C.D., Inc. 3551 Voyager, Ste. 201K, Torrance, CA 90503 5 1 as Pnc�lpal,harek�after ceded the> tr�clpo�.and Merchants Bonding Company (Mutual) 2425 'E. CarnelLack Rd., Ste. 800, Phoenix, AZ 85015 a eorWatlon-ddy organized udder rw laws of Ow State of Iowa CA Surety,herek•latter a c;ed trw Surety.pro herd and firmly boW4 unto City of Huntington Beach as ObGgee.hereinafter called ttw Obig".In r*sum of Ten Percent of -the Total Amount Bid---- ' for the payment of whkh sum wal and truly to be made.the sold Pdmlpal and rw told Surety,blr7q OurAwves. sox gales.execut(xs.admlt>jsttatots,%=asso%and asslgm.)oirttty and severay." by Vx"presents, WHEREAS.the Pa rod has s+.brNtted a Wd for Oakview Branch Library Cash Contract No. 874 NOW.THEREFOPE. if Me Cag" shot accept the bid of tree Poclpoi and tree kmkn d mot enter wo a Contort Wm the Oblooe In accordance w,fth the term: of vich Nd. Grid Ohre W= bond or bores Ci My tQ specillOd In trio aad9no or Contract Documents w3h good anal sutttclant suety for Ine famm peaormows of such Wow and for iris prompt payment of l000r and matarlol M nwwd In the prosecution thereor. or In tree event of the future or the Prm4Dpd to ants(turd Corltiact arid give such ballet at t]Onds.9 the Pimpd roofs pay to the Otsrgee v*atterenca not to unseal trio . pendry hereof between the amount speGtled In sold bld and sum larger amount tot wtim ttw Ocoges may In good tarn contract wtm onamer pony to perform the Work covered by iaC Wa,trim mils oougarton snarl w rUA and void. omorwlw to temoln In Nt force aW affect. $;V*d and sailed 1Ns 25th day of July 1994 Fast E.C.D., Inc. 0Ind" (Seep Rule) i v � f Merchants Bonding Cam (Mutual) r i (saoz2 Steven A. Swartz, Attorney-in-Fact ALA DOCUMENT A3 IQ•610 BOND•MA G•FEVA ARY 1970 ED a TIME AMERCAN VCWTE OF ARCwTECTS, 1735 N.Y. AVE.N.W..WASI"TON.D.C.2=6 � Ens 21092 PAC com Merchants Bonding Company (Mutttai) POWER OF ATTORNEY Know AA Man Sy Those Pissarns.that the MERCHANTS BONDING COMPANY(MMSIa a Oorporaaon duly WPlized under the laws Of the State Of lows.and havng its prnttpal otha"ro City 0 0a2 Morec County of Polk,State or Iowa.ham mwe.constituted and appoomod.and does by rose prgents main,constitute and appoint >>>KIK R. SK1111"STEVEN A. SWARTZ"#JEFFR£Y R. GRYDE"UROLD R. S1CTN4<< >>>JE)N= A. FEDERICO«< >»«< _ e��F FN.1+� and Stets of r A turn,setters.rrlcno fps dNirar i MA and Irwhil Its n as tunstyp P�+r end Ti sTiy ds<+erred in Its name,place and tie�d.b >>>FIVE HUNDRED THOUSAND DOLLARS($500000.00)«< and roc bind C»MERCHANTS BONDING COMPANY(Mutual}t weby U luny and b the same onont ae N such bond or undertaking was signed by the duty sumonzed officers at ow MERCHANTS BONDING COMPANY(Muh,a11 and ut the acts of said Anomay,pursuant W the auc+ority rieren grwn,are he►�y rsttrned end Oonfrmed. This Powel-d-Attorney is made and aeculed wwam to and by authority of the iopowing By-Laws adapted gr to Board of Drown of the MERCHANTS BONDING COMPANY{Mutual}• ARTICLE 2.SECTION a.--The Charman of ft Board or Ptasidem or arty Vice Pcoudem or Seeratary shall have power and authority to appoint Anortry-N►•FwL and to aufhoras"m to seeks on t»•W of the Compeny,and astacn the seer of ft Campanytt> mw.bonds and irrtd Ukings•nc Vu&noea.oilseeds of ridertsnity and ouwwrtnrtga obligatory n the nature owed. ARTICLE 2.SECTION 9.—The IiWaft re of any a ffia:ed oitfar and to Seal of the Comm)may be eff iced by bos+mils b any Pcmw at Ana "or Certtf+cxtion ttt"d gut WON the sac ibon and y at any DoW,wwW%alung.maKr mos.or other suretyship 040"of ft COW"and such s+gnan"and sael.r!»n so wed"have ft same fora and efrea as Btough nsuxuily!lied. In Witness Whend.MERCHANTS BONDING COMPANY,JM_L&`A has.used these pp�ese+ntess to be signed by Its Y+a Prss+delt a'd Resdam a at nd Its am"ate N b be hereb affuce o,this �1 day of AUgUSt A.D,1993 Attest: MERCHANTS BONDING COMPANY(MuW By STATE OF IOWA • P .�.' COUNTY OF FOLK •. dr On Va j Long and WGG.Sturtda � d rrw personally known.who being b of y uly y rrw d wr wn did any me VW an Pimpag if SecW4 ge ryffnm wnr sespodm*1 at the UERCHANTS BON04MG COMPANY{tAuhwra .the Corpo UM described in the brogoing instrument,and teat Ow Seal affixed fo to said inetnenenl is the Corporate Seat of the said Corporation and stet the sad instrument was sW*d and sealed in behal of said Corpo NM by authority of Its Board of DUeCs M In Tenmor+y Whored.I Kara harnaao set my hand and all4oed nv Offidsl Seet.st ft City d Des Skives,Soria e►e dey and year fast above w"Um �rYN 0_'• 110 M~v M•r. t r v Sptiti� fftr •' STATE OF KMA 11�-95 '.•�'PRI!►4�,�: COVNTYOFPOLK sa R M4 Long.Yke fte6artt of the MERCHANTS BOND*4 COMPANY(6k�do Nwoby cored'!hat ft above and an bregool i Is true 0 OOnaGt Dopy d>M POWER OF ATTORNEY,atoars�tad by trend f WiT�. DyDtI�G COMPANY(irkrpwA which a s W n race and effect ;`'�M. 00 G •. ki Witness Whereof,11141"Iteraurtso set My hand aM edtkx d tie seal of the COrtlpeny,at San Clq„� , r" 25th day a JU1Y 19. 94 �e December 31,1996. •• ,w •• ��•,.' This Power d tttforttry a�iree- -- -- MB 96 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, BRANDALL NODULAR CORPORATION (hereinafter called the Principal).as Principal,and WASHINGTON INTERNATIONAL INSURANCE COMPANY,a corporation organized and doing business under and by virtue of the laws of the State of Arizona,and duly licensed for the purpose of making,guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety,are held and firmly bound unto ItjTY_OF_HUNTINGTON BEACH (hereinafter called the Obligee) In the Just and full sum of TFN PFRCFNT OF THE AMOUNT OF THE ACCOMPANYING BI Dollars (S101 OF BID AMOUNT--) lawful money of the United States of America.for the payment of which,well and truly to be made,we hereby bind ourselves and our heirs and each of our successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,WHEREAS,the above bounden Principal as aforesaid, is about to hand In and submit the Obligee a bid or proposal for the "OAKVIEW BRANCH LIBRARY, INSTALL NODULAR BUILDING AND SITE VORK" in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW,THEREFORE.If the bid or proposal of said principal shall be accepted,and the contract for such work be awarded to the principal thereupon by the said obligee,and said principal shall enter Into a contract and bond for the completion of said work as required by law,then this obligation to be null and void, otherwise to be and retrain in full force and effect IN WITNESS WHEREOF,said Principal and said Surety have caused these presents to be duly signed and sealed this 19TH day of JULY 119 94 BRANDALL NODULAR CORrOFATION ey /yI��✓ WASH GT I IONAL StfR COMPANNY B MVdiEL A. QUILL Attorney—in—Fact STATE OF CALIFORINTA SS. COUNTY OF ORANGE On JULY 19, 1994 ,before me. J. JOHNSTON PERSONALLY APPEARED MICHAEL A. QBICLEY _ personally known to me (or proved to me on the basis of satisfactory evidence) to to the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. COMM..JOHNSTON r C R1007524 Notary PublicCatiforrua M W INTESS my liana and official seal. d , ORANGE COUNTY W My Commission Exp. 10/22/97 Signa �_� This arra for Qft al Notarial Seal OPTIONAL Though the data below is not required by taw.it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forth. - CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TnUssi ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL. ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NWuE OF PERSMS)OR Ear MVES) SIGNER(S)OTHER THAN NAMED ABOVE M-unt tk°-f."'4 ALL-PURPOSE ACKNOWLEDGEMENT VASHINCTON 111TERMAIIOKAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY INESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having Its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint JENNIFER JOHNSTON AND RICHAPL A. CUtGLEY EACH IN THEIR SEPARATE CAPACITY its true and lawful attorney(%)-in-fact to execute, seat and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required, or permitted by law, statute, rut*, regulation, contract or otherwise, and the execution of such fnstrument(s) in pursuance of these presents, shall be as binding upon the said Washington international Insurance Company as fully and smply, to all Intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited In amount to S2,000,000.00 for any single obligation. This Power of Attorney Is Issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22. 1978, July 3, 1930 and October 21. 1986 which read, in part, as follows: 1. The President may designate Attorneys-in-Fact, and authorize theca to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizonces, contracts of indennity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-cf- attorney Issued in pursuant to this section and/or any of the By-Laws of the Corp", and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, spay be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN 7ESTIMONY WHE%Pfn1j he Washington International Insurance Company has caused this instrument to be signed and its corporate seal to be a�fa AS,K;QVie,,puthorized officer, this 1st day of January, 1994. -• GTON NTE NATIONAL INSURANCE CtlePANY r?; e.•ems ram• SRA Q•: 'Na ' S n A rson, Vice President •• • STATE OF ld ,Ij�4 �A�� �`.���• COUNTY OF C6�i*1r111111111''�on this 1st day of January, 1994, before me came the Individual who executed the preceding instrument, to re personally know, and, being by me duly sworn, said that he is the therein described and authorized officer of the Ilashington International Insurance Company; that the seal affixed to said instrument Is the Corporate Seal of safd Company; IN TESTIMONt' e+tEaF�T'6: y�to se hand and affixed ay Official Seal, the day and year first above written. "OF �tCIQ� S �f CHRISTME YARESSKY I Notary pugs, Slate aE 11fanoll !%tine 2aretsfry, N tary P is ji!y Comm a::on E><Aie1 1C-7.96 y t:omrafasion Ffpires sober , 1996 CERTIFICATE - STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned. Secretary of UASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full force and has not been revoked, and furthermore that Article I11, Section i of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now In force. Signed and sealed In the County of Cook. Dated thee''119THday of ,TUL,Y 19 94 . Lewis M. Moelier, Secretary f, t THE AMERICAN INSTITUTE OF ARCHITECTS 0 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we TLS CONSTRUCTION, INC. 1026 E. FOURTH STREET mere inure full name and address or regal rue of contractor) SANTA Ar+A. CA 92701 as Principal, hereinafter called the Principal, and WASHINCTON INTERNATIONAL INSURANCE COMPANY 1930 THOREAU DRIVE, SUITE 101 (Here insert full name and address or legal title of 5srrety) SCHAUMBURC, IL 60173 a corporation duly organized under the laws of the State of ARIZONA ss Surety, hereinafter called the Surety, are held and firmly bound unto OAKvIEw ELEMENTARY SCHOOL [Here+nsest full name and address or less%1+11e or owner% as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMOUNT OF BID Dollars ($ 10% OF BID---�, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for "NEv B CEI LIP}�A TI -'rHere rnseu ru��name,address and description of project) NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surely for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter s such Contract and give such bond or bonds,if the Principal shalt pay to the Obligee the difference not to exceed the penalty l hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect Signed and sealed this 15TH day of JULY 19 94 TiS CONSTRUCTIOV, INC. (Principal) (Seal) (Witness) t '•. (rill 1 1W44 I TION IN3WANCE COMPANY ure (Sea!) (witness) IT' el MICHAEL A. QUI , A —FACT CAUTION: You should sign an original AIA document which &I this tau rented In red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A710•810 BOND•AIA®•FEBRUARY 1970 EO•THE AMERICAN U INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., H.W.. WASHINGTON, D.C. I0006 y ' Geners,l WASHINGTON INTERNATICKIL IXSL20CE COMPANY POWER OF ATTORNEY KNCU ALL MEN BY THESE PRESENTS: That the Washington International Insurance Comppny, a corporation organized and existing under the tows of the State of Arizona, and having its principal office In the.Village of Schaumburg, Illinois does hereby constitute and appoint JENNIFER JOHNS70M AND MICHAEL A. QUIGLEY EACH IN THEIR SEPARATE CAPACITY its true and tawful attorneys)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by taw, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) In pursuance of these presents, shalt be as binding upon the said Washington International Insurance Corpany as fully and ampty, to all Intents and purposes, as if the same has been duly executed and acknowledged by Its President and its principal office. This Power of Attorney shall be limited in amount to f2,000,000.00 for any single obligation. This Power of Attorney is Issued pursuant to authority grated by the resolutions of the Board of Directors adopted March 22. 1978. July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The President may designate Attorneys•in-Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, arrd undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof, and to appoint Special Attorneys-In-Fact, who are hereby authorized to certify copies of any power-of- attorney Issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shalt be valid and binding upon the Company. IN TESTIMONY WHER`FFMr�he Washington International Insurance Company has caused this instrument to be signed and its corporate seal to be a id Ami y �'t#/,p thcrized officer, this 1st day of January, 1994. ZZ A , O.; y�(`^R4 .,qy t:1 NTE NATIOf;AL INSIfR/INCE COMPANY : z: • �, SEA :� S n A rson, Yice President A STATE OF 114• �.,,� l�0d.� COTY OF Mklmlt21III%► UN on this 1st day of January, 1994, before we came the Individual who executed the preceding instrument, to me personally know, and, being by we duly sworn, said that he Is the therein described end authorized officer of the Washington International insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN 7EST1NO*Y-4V44tfeF1!�a Nnto se hand and affixed e+y Official Seal, the day and year first above written. kili CHRISTINIIAIZETSKY I Notary Piijrt. Stitt of Ginoit istine Zaretsky, N tary PXAAic )AY y cort►^:fe.ar x�pr lfl 7.96 y Commission Ejpires ctober , 1996 CERTIFICATE - STATE OF ILLINOIS) COUNTY OF COCK) 1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, on ARIZONA Corporation, DO NE2EBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By-Laws of the Corporation, and the Resotution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and seated in the County of Cook. Gated thee''115THay of JULY 19 94 J i A� Lewis M. Moeller, Secretary r THE AMERICAN INSTITUTE OF ARCHITECTS AfA DocumcntA3I0 BOND NO. SUR 15 27 25 Bid Boni PREMIUM INCLUDED IN BBSU KNOW ALL MEN BY THESE 'RESENTS, Urz(we PROFILE STRUCTURES, INC. 13926 CARMINITA ROAD tikrcinscrtfullnsmclnclncSdressorlcg�lliticofCnntrnclor) SANTA FE SPRINGS, CA 90670-4994 as Pilnclpol.herelnafterCgned the Pdncipai.and GOLDEN EAGLE INSURANCE COMPANY 7175 NAVAJO ROAD 0 fore lnserlrullnomo and address or legal lllroofSurelyj SAN DIEGO, CA 921L9 ' a corporation duly organized under iho Taws of the Stole of CALIFORNIA ' as Surely.hereinafter coiled the Su oty.are held and firmly bound[into CITY OF HUNTINGTON BEACH Vlore Insert ki name and oddross or lot7ol 1111e of Ownor) as Obllgee.herelnof for called the 0brgeo.in the sum of TEST PERCENT OF TOTAL AMOUNT BID----- --------------------------------------------------------------00'01{S 10Z OF BID ). for She payment of which sum well and truly to be made.the sold Pilncipal and She sold Surely,bind ourselves. our heirs,executors.adrNntstralors,successors and asslgru.Jointlyand severally:firmly by these presents. V IERt:AS,the P4nclpol has submitted a bld for p Two insert nrlr name.addr ess and do scilpllon of mdo c I) NEW BRANCH LIBRARY AT OAKVIEW ELEMENTARY SCHOOL IN HUNTINGTON REACH CA 92646 BID DATE: - 07/27/94 N0W.111Errtr0r*. II the Obligee sho9 accept tho bld of the fr indpo! and Ihs Ninclpol shot enter Inlo a Conlracl with I" OblIges In accordance V.1h Ills terms of sucl,bld. and give such bond or bonds as may be•spoclrod in the bidding or Contract Documenlf wllh good and surflcionl surely fcr the folllird performance of such Conliocl End for the prompt payment of labor and malerlol furnished In the prosecullon tiioroor. at in the event of the tollura of tho hincipal to snler such Conliod and give such bond or bonds.If!ho Pilnc"t Vwll poy So the Obnges She dirlwonce not to Dxcmvd Iho penalty hereof bofween the amount specinod In sold bid and such largor amount rot which 1119 Obligoo may In good folth contract wllh anolher party to perform the Work covered by sold bld.Ilion this obligallon Owli be n(A and void. otherAo to remain In full force and effect. Stgned and sealed Ills 11TH dayof JULY . 19 94 PROFILE STRUCTURES, INC. . (r)lnc" (sod) (WI1nRSS) ie) Edward A. Feser, President GOLDEN EACLE INSURANCE COMPANY (Svoly) (Scrap (Wltnoss) • FE#VEL ' PHILfiWW , ATT k.211EY-I -FACT AAA DOCUMEMA310•DID BOND•ArAiV•rEDf;UnftY Iv70 ED•Ti lE AtylEralCAN INSTITUTE Or ArrCI MECTS. 1735 N.Y. nor.NW..WASI VNGiON.D.C.7= 1 f' CALIFORNIA ALL-PURPOS im-ACKN OWLEDGM ENT No.5907 State of CALIFOILNIA County of SAN DIEGO On 07/11/94 before me, E. ZARNES, NOTARY PUBLIC DATE NAME.TITLE OF OFFICER-E.G.,JANE DOE,NOTARY PUBLIC' personalty appeared EVELYH H. PHILLIPS NAMES)OF SIGNERS) , �] personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence ! to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their E.ZARNES signature(s) on the instrument the person(s), COMM.•1001455 or the entity upon behalf of which the -'f NOTARY RMJC.CAUFORI•GII SAN person(s) acted, executed the instrument. M)r conm 00" n 1997 WITNESS hand and official sea[. SIGNATURE OF NOTARYOPTIONAL ,/;/- Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE of DOCUMENT TmE(s) ❑ PARTNER(S) ❑ LIMITED El GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIA CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER 1S REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Rommel Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 GOLDEN EAGLE INSURANCE COMPANY EXECUTIVE OFFICES San Diego, California POWER OF ATTORNEY KNOW ALL HEN BY THESE PRESENTS, That the Golden Eagle insurance Company, a Corporation duly organized and existing under the laws of the State of California, having its principal office in the City of San Diego, California does hereby no-ninate, constitute and appoint, ... >EVELYN H. P11IL1IPSc --- its true and lawful attorney-In-fact, to make, execute, seal and deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship for FIVE MILLION DCLLARS ($5,000,000.00). This power of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duty called and held on April 10, 1904 which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-In-fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-In-fact and revoke the Power of Attorney given him or her; and be it further ` *RESOLVED: That the Attorneys-In-Fact may be given full power to execute for and In the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, arxi any such bonds or undertakings executed by any such Attorney-In-fact shall be binding upon the Company as if signed by the President and sealed and ottested by the Secretary." IN WITNESS WHEREOF, the said Golden Eagle insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed. This 1st day of January, 1993. GOLDEN �EAGLE INSURANCE COMPANY By. WILLIAM B. RIPPEE, PRFSIDE t state of California ) County of SAII DIEGO) SS. on this 1st day of January, 1993, before me, the undersigned, a Notary Public in and for said County and State, personally appeared William B. Rippee, personally known to me, (or proved to aye on the basis of satisfactory evidence) to be the person(s) whose mimes is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his /her /their authorized eapacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official sea tom : LynnettaRo�A4cDona'd f! COMM #975663 i v NpT111TvPtiEll7C�:l;rtL` �y• x 42 5A!•WD O CO;Z"P;LI LYNN ilE RA HCDONAL , NOTARY PUBLIC (Seat) ��:t.li�: .tlrCorrmF�ia+Gcicter I;.I:�Sr� 1 the undersigned, Larry C. Mabee. Secretary of the Golden Eagle Insurance Company, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, Is in full force and effect, and has not been revoked. IN WITNESS WHEREDF, 1 have hereunto subscribed my name as Secretary. and affixed the Corpor Sea of the Corporation, this i1TH day of JULY . 19 94 8y: LARRY G. MABEE, Secretary DATE: Wednesdav -Jul 27 1994 - 2:00 .m. - - - - EIGI<ZEM'S ESI'RATE: $179,000' - -- PROJECT ENG M.--- TRmdv Hutten3eger JOB TITLE AM CCJ: OAKVIE.W $RANCH LIBRARY at OaWiew Ele_nenta School;_ GC-874 BIDDER'S M A"E' TOTAL BID MDMT 1. kw-rican l dular Svstaw 2. B. K. Construction f 3. Brandall r»dular Co ration ) LO 0 Z/a:;V G. Chaarance aid Associates 5. E. M. S. Construction. - b. Fast E. C. D. Incorporated �2 2 • � 7. G. W. Electric CaTpany 8. Irvine Engineerinv Corporation 9. 0. J. Construction 10. W. E. O'Neil Corporation -- ! I . ProFile Structures Corporation I �✓ 4" ��� C/" - - - — 12. Starlings Construction I� • -- - - - - 13. T. L. S. Construction ( - 14. Team Construction City of Huntington Beach Project Name: Oakview Branch Library Public Works Department Bid Openning: July 27, 1994 2:00 PNI 2000 Main Street, P.O. Box 190 Engineers Estimate: $179,000.00 Huntington Beach, CA 92648 Cash Contract# : 874 BID SUMMARY " TLS Construction,Inc Fast E.C.D.,Inc Brandall Modular Corp Irvine Engineering,Inc Bidder 1 Bidder 2 Bidder 3 Bidder 4 Item Contract-' Unit Unit Unit Unit f No. Description Quantity LUnit Price Amount Price -Amount ' Price 'Amount Price I 'Amount 1 Modular Ubrary Building Unit, Foundaton&Ste Work 1 Ls $223,322.00 $223,322.00 $223,499.00 $223,499.00 $242,000.00 $242,000.00 3269,999.00 $269,999.00 2 0 0 0 30.00 $3.00 S0.00 SO.00 SO.00 . $0.00 $0.00 $0.00 3 0 0 0 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 5 0 0 0 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 6 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0 00 $0.00 7 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 8 0 0 0 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $3.00 9 0 - 0 0 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 -$0.00 $0.00 10 a 0 0 $0,00 $0.00 i $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 11 0 0 0 $0.00 $0.00 .s0.00 $0.00 $0,00 $0.00 $0.00 $0.00 12 0 0 C $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 so.oa 13 0 0 0 $0.00 $0.00 $0.00 $0.00 40.00 $0.00 $0.00 $0.00 14 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 -$0.00 $0.00 $0.00 15 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 16 0 0 0 $3.00 $0.00 $0.00 $0 00 $O.00 $0.00 $0.00 $0.00 17 0 0 0 $0,00 S0.1)0 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 18 0 0 0 $0.00 $0.00 SO.00 $0.00 $0.001 $0.00 $0.00 $0.00 19 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0,00 ' 20 0 0 0 $0.00 $0.00 $0.00 $0.001 $0.00 $0.00 $0.00 SO.00 21 0 0 0 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 22 0 0 0 $0.00 $0.00 $0.00 $0 00 $0.001 $0.00 $0.00 $0.00 23 0 0 0 $0.00 $0,00 $0.00 $0.00 moo $0.00 S0.00 1 $0.00 24 0 0 0 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 SO.00 $0.00 25 0 - 0 a S0.00 $0.00 $0,00 $0.00 $0.00 $0,00 50.00 $0.00 26 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 27 0 0 0 .53,00 $0.00 $0.00 $0.00 $3.00 $0.00 $0.00 $0 00 28 0 0 0 $0.00 $0.00 $0.00 $0.00 $O.00 - a0.00 - $0.00 $0.00 29 0 - 0 0 $0.00 $0.00 $0.00 $0.00 _- $0.00 $0.00 $0,00 $0.00 30 lo - 0 0 $J.00 $0.00 . $0,00 $0.00 $0,00 SO.DO $0.00 $0.00 Total Bid: .::. ,;;.;;,-:, :,,:::..:r $223.322.00 ;,:: $223.49900 $242.000.00 $269.999.00 - Page 1 - - - City of Huntington Beach Project Name: Oakview Branch Library Public Works Department Bid Openning: July 27, 1994 2:00 PM kn) 2000 Main Street. P.O. Box 190 Engineer's Estimate: $179.000.00 Huntington Beach, CA 92648 Cash Contract#: 874 BID SUMMARY i Profile Structures.Inc Company 6 Company 7 Company 8 Bidder 5 Bidder 6 Bidder 7 Bidder 8 nit r "Unit" s t h f p JY , Item Contract Unrt ': Ursit.. 1J [�o. Description' QuantityUnit :.Price Amount Pace . . Amount rice Amount Price Amo�st 1 Modular Library Building Unit, FoundaCon&S>a Work 1 !S U2s,$W.00 $326,800.00 $0.00 $0.00 $0.00 1 $0.00 40.00 $3.00 2 0 0 o $0.00 $0.00 $0.00 s0.00 $0.00 so.o0 s0.00 $0.00 3 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3.00 4 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 s0.00 $0.00 5 0 0 0 $0.00 $0 00 $0.001 s0.00 $0.00 s0.co $0.00 $0 00 6 0 0 0 $0.00 $0.00 s0.00 $0.00 $0.00 $0.00 so-001 $0.00 7 0 0 0 $0.00 $0 00 $0.00 $0.00 $3.00 1 $0.00 $0.00 $0.00 8 0 0 0 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 Sa.00 9 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 i $0 00 $0.00 $0.00 10 0 0 o $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.001 $0.00 11 0 0 a $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO.00 $0.00 12 0 0 0 S0.03 $3.Co S0.0o $0.00 $0.00 $0.00 $0 00 $0.00 13 0 0 0 $0.00 $3.00 $0.00 $0 00 $0.00 Saw s0.00 $0.00 14 0 0 0 $0,00 - $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 15 0 0 0 $0.00 $0 00 $0 00 $0.00 $0.00 $0.00 $0.00 sa.00 16 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 so.00 $0.00 s0.00 17 0 0 0 $0.00 s0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 18 0 0 01 So.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 19 0 0 0 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.001 s0.00 20 0 0 0 $0.00 $0.00 $0.00 $0,00 $0.00 $0,00 $0,00 $0.00 '+ 21 0 0 ol sa.00 $3.00 so.W $0.00 $0.00 so.o0 so.W t $oso 22 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 1 s0.0o so.001 $0,00 23 0 0 0 $0.00 $0.00 1$0.00 1W.00 $0.00 $0.00 s000l $0.00 24 0 0 0 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 s0.00 $0 00 25 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0 00 26 0 0 0 $0.00 $3.00 $0.00 $0.00 $0.00 $0.00 $0.001 $0.00 •27 0 0 o $0.00 $0.00 ' so.00 - .$0.00 - $0.00 $0,00 $0.00 $0.00 28 0 0 0 $0.00 $0.00 so.00 $0.00 $0.00 $0,00 $0.00 $0.00 29 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 30 0 0 $0.00 $0.00 s0.00 $0.0011 $0.00 $0.00 $0,00 - $0.00 Total Bid: . . s3z6soo.00 s0.00 s0.0o sti-co r SECTION C PROPOSAL for the Oakview Branch Library v CASH CONTRACT No. 874 in the r.� CITY OF HUNTINGTON BEACII TO T11E IiONORABIY, MAYOR AND MUNIBERS OF T1IE COUNCIL OF 11UN"UNGTON BEACII; In compliance with the Notice inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance.necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 124 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, �' specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. +�r BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE v CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices C-1 E shall govern over extended amounts, and words shall govern over figures. ! If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and ' void. 1W Accompanying this proposal of bid, find 13.a j,3aN. in the amount of$w_m-10 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). I i I Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 7—tZ ~fel i i {i C2 PROJECT BID SCHEDULE 4W Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 1. 1 L.S. Modular Library Building Unit, Foundation,& Site)York Dollars $ 72 (� �_._...�. ©-� Cents TOTAL ANIOUNT BID LN FIGURES: S Z 22 --� TOTAL AMOUNT BID IN NVORDS: l 1r -T W54'td +T4ree Avy Tkx.���' r C-Is LIST OF SUBCOMMACTOItS In accordance with Government Code Section 4104,the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one- half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name of Subcontractor and Address State License Class w , of'Worm u - Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the a b o v t subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. W k k tw C3 I NONCOLLUSION' AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California SS. County of Orange 21e -'1'1 Z. � � , t~eina first duly sworn, deposes and says that he or she is _ 1ftGI PiPiffS. -- - eft L te'em r iz��;io,tl. 7n�C. the parry Ong the foregoiag bid that the bid is not made in die interest of,or on the behalf of,any undisclosed person, partnership, company, association.organization,or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed Rirh any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication. or conference with anyone to fix the bid price,or that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid arc true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdo%�,n thereof,or the contents thereof,or divulged information or data relative thereto, or paid, and will not pay fee to any corporation..partnership, company association, organization, bid depository, or to any member or ageat thereof to effectuate a collusive or sham bid. sAZ5r eX17-/0/J l nlC Name of Bidder 65i�n- cr f nna Address of bidder n;t 7 0 Subscribed and sworn to before me this / day o 199� NOTARY PUBLIC NOTARY SEAL SUSM A.Wm COMM.i 10231C3 :# w Notary Pubic—Cartor6o ORANGE COUNTY 10V Comm.En*es i4Y 6.1098 C-4 c UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as Oakview Branch Library, (I)(we)(it)will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The tern "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be per and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned,and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contfact r 1 By _ !� 1� Title Date: 7 C-5 DISQUALMCATION QUESTIONXINAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete. under penalty of perjury, the follokring questio waire. QUESTIONNAIRE Has the Bidder,any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal. State or local government project because of a:isolation of law or a safety regulation? t Yes No If the answer is yes,explain the circumstances in the space provided. NOTE: This quesdotmaire constitutes a part of the Proposal, and a signature portion of the Pmposal dnU wns(= signature of this questionnaire. C-G l COMPENSATIO\ NSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Cade which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. -7-Zs CO A)s r Rae-7 0IJ, l�y • Op z:p y 1 Dace: - !9^ � 1 f f i i C-7 I • y y UNMERGROUND SERVICE ALERT IDENTIFICATION NMIBER (To be completed only by the a%%ard:d Contractor prior to excavation) No excavation will be permitted anti] this form is completed and returned to the AGENCY. Section 4216/4217 of the Govenunent Code requires a Dig Alen Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number.call Under round Sen_•ice Alert at 1-8004224133 a minimum of two working days before scheduled excavation. tl_o r- &-d f�-Y�- - r y�r Dig Alert Identification Number. �. , OA vec- We Date. — -! � r Dote: This form is required far every Dig Alert Identification Number issued by U.S.A. during the course of the Fork. Additional forms may be obtained from the AGENCY upon request. C-8 � r s • I BIDDER'S LNTOMIATION BIDDER certifies that the following information is true and correct: i S u le ,t1r Name ,A1C - t (O Z6 ry business Address 92-7 6>1 , 17�y sy� �07S— Telephone Number yifo tB SateLontMetorsr LiCensc No. and LWS tl a aJS f qa= ngt liate IssuedI J&- &I C lrspiratton Date The work site was inspected by L5C'h) of our office on I — , 191�/ The following arc persons,'firms,"and corporations Having a principal interest in this proposal: %lei-r Soo SrraE�j L S �n/•ST tc�TtDrl ,Li?�- y ' lorry S'T��h1 4 i i C-9 77se undersigned are prepared to satisfy the Council of die City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. r�oNC_.. Company Name sEaarure of Bidder 2 !s o-V �. loyl<-Eli pnwed or Typed Sigmiturt s-, Address of r er e - .7 Dry, S-42- -- 707r - - - Tclepho=Number _ TJSAN A.BIMN. Subscribed and sworn to before me 's day 19 COMM.+1C23103 r '- Notary P"C—G lomia ORANGE COUNTY My Comm.tg*os MAY 6.108 NOTARY PUBLIC. '" NOTARY SEAL Listed below are the names, address and telephon: cumbers for thme public agencies for which the bidder has performed similar work within the past two years: 1 Gr T 4K1VJ!FWP(9k 13Gff, Name and Address Z X VL DAI--17-40 A) Name and Telephone No. of Project l+ianaeer: - 47 T:t Contract Amou �Te of Workate complemd 2. or,- � Nec,E Name and Address - fJo� ���,i Name and Telephone No. of Project Manager: —ft.�t�� �3 q SSS3 Nb1-? LJ)6;. - 300 otxa C ~` 1 Contract Amount )Te 01 workate Lompleted ` Name and Address I Z O ycb Z>ll L,7—0/V . Name and Telephone No. of Project Manager- ^ q-ocq� ocxs - - �f;�,vi� _ jZctiY 9 I onuact Amo Type o or ate Compki• C-10 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALi FOR NIA 92648 OAKVIEW BRANCH LIBRARY Cash Contract 874 ADDENDUM NUMBER 1 July 5, 1994 Notice To All Bidders 1. All reference to the bid opening date of May 31, 1994, in the Project Specifications is hereby changed to July 27, 1994. All bidders are requested to acknowledge the receipt of this addendum with your bid proposal. Should you have any questions regarding this Addendum, please contact Robert Martinez of this office at (714) 536-5423. Very truly yours, Robert E. Eichblatt, P.E. City Engineer REE:dss This is to acknowledge receipt and review of Addendum Number 1, dated July 5, 1994. It is understood that the revision of the new document shall be included in the Bid Documents. TLC rieS2 .. .�� Company Name Xuthorized Representative Date Y CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OAI'VIENV BRANCH LIBRARY CASH CONTRACT 874 ADDENDU31 NUMBER 2 July 8, 199.1 NOTICE TO ALL BIDDERS: Please add the following modifications to the contract documents: 1. This project is financed with Federal Funds. Therefore, all Statutes, rules, and regulations including,but not limited to, payment of minimum wages and required by the Federal government for Federal aid construction projects shall apply to this project. (See attached Federal Labor Standards). 2. The current general wage determinations at the time of the Notice to Proceed shall apply to this project, but for bidding purposes, we are attaching recently published government wage rates. All bidders are requested to acknowledge the receipt of this Addendum with your laid proposal. Please be advised that the Engineer's Estimate for this project remains unchanged by these revisions. Should you have any questions regarding this Addendum, please call Randy Iluttenberger of this office at(714) 53G-5431. Very truly yours, Robert E. Eichblatt, P.E. City Engineer REE:RH:gd This is to acknowledge receipt and review of Addendum Number 2, dated July 6, 1994. It is understood that the revision of the new document shall be included in the Bid Documen 5. Company Name A thorized Representative V.` F, 7, '7 Mite File:0 cc3;4 addendm° �y J1 +t CITY CLEPK /��q ■ . EI�Y aF / .+�. '`Lr.iJ• `i !t f{JkT; CrCSl ?ErCH,t4LtF. "moo % JCL 59 Fli �94 MCC cdo • C07 �. A } _. IMAM i C ' . _C L f � I Qmttkum Address■