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Home My WebLink AboutTEAM CONSTRUCTION MANAGEMENT - 1994-10-17 'tvED Ft E C�peC,ati Protects DECLARATION OF SATISFACTION OF C ft4lks J 4% 1 1 1996 I , con4cocbonstate : S4� aw" 11 Name ot Contractor �yI�N�ING 1 . 1 am the general contractor for the City of Huntington Beach , as to the project more fully descri eo in the A public works contract entitled i"1un10 Ads CCenk and dated1 2 . All workers and persons employed, all firms supplying materials , and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims , or items in connection with Notices to Withhold , which have been filed under the provisions of the statutes c' the State of California : ( if none , state "NONE" ) I declare under penalty of perjury that the foregoing is true and correct . Executed at itf 41 * on this lWday of C{ 19 ( Signature of Contractor ) V ED C E R so al l psajects Works Pub1'� CA BAN � 1 199� City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC- -151 lAuntbm� Pr1f)_ Un15x Project No. Title hereby certifies that all laborers , mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions , and that the work performed by each such laborer , mechanic , apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid . Signature and Title , C�•-ti MAINTENANCE & GUARANTEE BOND Bond Number : LF01-02001 ' KNOW ALL MEN BY THESE PRESENTS, THAT: Team Construction Management of: 221 Main Street, Huntington Beach, Ca, 92648 and Intercargo Insurance Company as Surety, are held and firmly bound unto- CITY OF HUNTINGTON BEACH_ in the Sum of: Two Hundred Twelve Thousand Six Hundred Twenty Eight And 00/100's ("$212,628.00 ), good and lawful money of the United States of America, to he paid to said principal it's legal representatives, and assigns, for which payment well and truly to be made, we hind ourselves, our heirs, executors, administrators, successors, and assigns, and each and everyone of them jointly and severally firmly by these presents- Seated with our seals and dated this_fish Day of November 1995 . Whereas, the above named principal has entered into a certain written contract with the Owner dated this -25th Day of 1994. Wherein the said principal covenantal and agreed as follows, to Wit: CONSTRUCTION OF HUNTINGTONY BEACH NWIICIPAL ARTS CEt3:ER Now therefore. the condition of this obligation is such, that by and under said contract the above named principal has agreed with the Owner that for a period of:171L-elar from the date of final acceptance of the prglect to keep in gcxxJ order and repair any defect in all the work dune under said contract either by the principal or his sub-contractors, or his material men that may develop during said period due to improper matenals, defective equipment, workmanship or arrangements, and any other work affected in making gcxxJ such imperfections, shall also he made goad all without expense to the Owner, excepting only such part or parts of said work as may have been disturbed without the consent or approval of the principal after the final acceptance of the work and that whenever directed so to do by the Owner by notice served in writing either personally, or by mail, on the principal at 221 Main Street, Huntington Beach, Ca, 92648 or it's successors, or on the Surety at: 1450 East American Lane,20th _floor,Schaumburg,IL 60173-5458 will proceed at once to make such repairs as directed by said Owner and in case of failure: to do so within reasonable time not less than one week, as shall he fixed in %aid notice, then the said Owner shall have the right to purchase such materials and employ such labor and equipment as may he necessary for the purpose, and to undertake,do and make such repairs, and charge the expense thereof to, and receive same from said principal Or Surety- If any repair is necessary to he made at once to protect life and property, then and in that case, the said Owner may take immosdiate steps to repair or barricade such defects without notice to the contractor. In such accounting, the said Owner shall not be:held to obtain the lowest figures for doing the work, or any part thereof, but all sums actually paid therefore shall he charged to the principal or Surety. In this connection, the judgment of the Owner is final and conclusive. If the said principal for a period of:I—yea><}rom the date of final acceptance of the project shall keep said work so constructed under said contract in gaol Order and repair, excepting only such part or parts of said work which may have been disturbed without the consent or approval of said pnncipal after the- final acceptance of same and shall, whenever notice is given as hereinhefore specified, at once proceed to make repair as in said notice directed, or shall reimburse said Owner for any expense incurred by making such repair, then the above obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective authorized officer this -fith Day of Novambar A.D., 1995 Sigurd, Sealed and Delivered in the presence of: Team C�o.N%tRf�t� ion N � eme ''j � SU `UG Witness .1 ti �•, Principal ar ••e'F °D —Lu EA Ia_ o r e Company W sr i�i4 �jl O�c W C. V11;LTY Auo►ne)-in-baa (Handhase Form .14I01) ,, STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On NOVFMBER 6, 1995 before me, SUE BURCHFIEL PERSONALLY APPEARED MATTHEW C. WELTY, ATTORNEY IN FACT personally known to me (or proved to me on the basis of I 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/ tier/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(a) acted, executed Cov' •�y's4�04 `� t�, CUKOW& to the instrument. ''•' `4 Y=-.&3s cc-j;frf �ryb►- r,:f�Of.1��".`�� .�E:trfA ty WfINESS my hand and official seal. • h Signature nb firer� �a Official Nolarial Seal ! � 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ OUARE)MCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: wuas OF Psi on trnmt'est - SIGNER(S)OTHER THAN NAMED ASOVE 10-MI Rev_6194 ALL-PURPOSE'S ACKNOWLEDGEMENT A VCiD IF NOT USED BY: AnkAkh, INTERCARGO INSURANMCOMPANY 06/08/97 1450 East American Lane th Floor IF!" Schaumburg, Illinois 6017 3-545 8 No Power of Artorney on this form shelf 1-800-394-3924 be valid as to bonds. undertakings. recopnrzances or other wrttten obl,pat,ona approval co11r POWER i in the nature thereof executed on or after said expiration date- eu Inlll'l LF0,,f j200 j PRINCIPAL wl Team Construction Alailagentenl 221 Main k"ilreet„ Kuntington Beach,'Ca 92648 OBLIGEE CITY OF HUINTINt.lTON BEACH P.O.11ON' 190 HUNTINCi"3`()N BEACH CA 92648 DESCRIPTION A LOCATION OF OBLIGATION CONS'rRUCTxON 01" I-II'NTINGTON BEA'C]-i MUNICIPAL ARTS CENTEIR PENAL SUM PRINCIPAL TAX ID_ PROJECT A LIMITED POWER OF ATTORNEY To be used only in conjunction with the bond specified herein. This Power of Attorney may not be used in conjunction with any other Power of Attorney. This Power of Attorney is void if altered or erased. This Power of Attorney bears the numbered seal of INTERCARGO INSURANCE COMPANY. No representations or warranties regarding this Power of Attorney may be made by any person other than an authorized officer of INTERCARGO INSURANCE COMPANY, and must be in writing. Questions or inquiries regarding this Power of Attorney must be addressed to INTERCARGO INSURANCE COMPANY, Attention: Contract Bond Underwriting Department. This Power of Attorney shall be governed by the haws Of the State of Illinois. KNOW ALL MEN BY THESE PRESENTS That INTERCARGO INSURANCE COMPANY, a corporation organized and existing by vinuc of the laws of the State of Illinois does hereby nominate, constitute and appoint TVI ATTHH-W C. "NTFILr['.IIY iLs tnrc and lawful Attorney-in-fact to make,execute,aticst, seal and deliver for and on its behalf, as surety,and as its act and deed. where required, any and all bopnds, undertakings, recognirences and written obligations in the nature thereof, as follows: 11*4 04) Ll ftnsclr& tS"rrinnit l a (to i lNitscellaneo179 bonAs up to V)00.(YlYtl PerfCourt r�nnlly R r.1) , inentaw'f Ro As up to $1,400,0(m).r0 Such bonds and undertakings, when duly executed by the aforesaid Attomey-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds anti undertakings were signed by the Prc�idcnt and Secretary of the Company and scaled With its corliorate seal. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. STATE OF ILLINOIS ss COUNTY OF COOK I, I-awrence P_ Guecking Secretary of the INTERYARGO INSURANCE COMPANY a corporation of the State of Illinois,do hereby 1111 I f certify that the above and foregoing is a : ' SU ��t copy of Power of Attorney issued by said Company,and that 1 have compared same with the original and Ih�d` rr• mint therefrom and of the whole of the original and that the said Power of Attorney is still in full force and �� has not lick•�� ed- IN WITNESS WHEREOF, I have C jtto. HRrt n i A the seal of said Company, at lirliauniburg. Illinery this A Hof Novemliir '19V. • ate. tit r 20 SECRETARY CON-24L101 I951 RESOLUTIONS OF THE BOARD OF DIRECTORS This Power of Attorney Is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the: Board of Directors of the Company on the 5th day of December, 1988 "RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company,bonds, undertakings and all contracts of suretyship,and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney,and to attach thereto the Scat of the Company. FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may he affixed to any such Power of Attorney or to any certificate relating Thereto by facsimile, and any such Power of Attorney or certificate heanng such facsimile signatures or facsimile seal shall he thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of%urclyship to which it is attached." Bonds executed under this Power of Attorney may he executed under facsimile signature and seal pursuant to the fallowing Resolution adopted by the Board of Directors of the Company on April 4, 1987: "RESOLVED,That the signature of James R Zuhlkc,as President of this Corporation,and the seal of this Corporation may be affixed or printed on any and all bonds, undertakings, recognizances,or other wntten obligations thereof, on any revocation of any Power of Attorney,or on any certificate:relating therein,by facsimile,and any Power of Attorney,any revocation of any Power of Attorney, hands, undertakings, recognirances,certificate or other written obligation, hearing such facsimile signature or facsimile seal shall he valid and binding upon the Corporation_" IN WITNESS WHEREOF,the INTERCARGO INSURANCE COMPANY has caused its corJx,ratc seal to he here unto affixed, and these preserILs to be signed by its duly authorized offices this 26th day of January , 1995 INTERCARGO INSURANCE COMPANY BY_ ! ticf PRESIDENT „4, r SILL ATTEST 4t"p�' SECRFTA Y STATE OF ILLINOIS SS_ COUNTY OF COOK On this 26th _dav of lanuaEy 1995 hLiore me pcnonally came lames R Zuhlke to me known, who, being duty sworn, did depose and say= that he Is President of the Corporation descrihcd in and which executed the above instrument, that he knows the sea] of said Corporation;that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authonly- OFFICIAL SEAL ELIZABETH BRANCHER NOTARY PUBLIC NOTARY PUBLIC. STATE OF ILLINOIS MY COMNSSION EltPitES:10r0519S v� CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 92648 HUNTINGTON BEACH CITY HISTORIAN Alicia M.Wentworth Retired City Clerk November 7, 1995 Gary L_ Granville, County Clerk-Recorder P. O_ Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. O- Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. PIease return the conformed copy-document number, recording date, book and page number. Sincerely yours, Comic Brockway City Clerk CB:cc Enclosures g:WVnCPnlr Telephone: 714-53&5404 714-842-9825 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O- Box 190 Huntington Beach, CA 92649 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"TEAM CONSTRUCTION, who was the company thereon for doing the following work to-wit- MUNICIPAL ARTS CENTER RENOVATION;CC-753 INTEREST: Easement That said work was completed November 6, 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,November 6, 1995. That upon said contract Scottsdale 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 71h day of November, 1995. • ' j 1 City Clerk and ex-offrcio Cl of the City Couiicil of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach } I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-0fficio 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 7th day of November, 1995._ City Clerk and ex-ofEcio Clerk of the City Council of the City of Huntington Beach, California g-lf01l0%4-UVjucp1gt 7-If G co.8o �j ReCorded in the Coun y of Orange, California !I I iGalryl L. Granville.f ill III fClerk/Recorder WHEN RECORDED MAIL TO= IIIIIIIgI�II11!1!111 11111 10 111 1l1'1l fll��l�lllllll No Fee CITY OF HUNTINGTON BEACH 1400 12 t 0 Op 7.00 14 23 19950506851 4: 17pm 11/14/95 Office of the City Clerk N tV12 0.00 0.@0 0.00 0.00 P. O Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION �4 S 1- �_ 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 TEAM CONSTRUCTION,who was the company thereon for doing the following work to-wit: MUNICIPAL ARTS CENTER RENOVATION;CC-753 INTEREST: Easement That said work was completed November 6, 1995 by said company according to plans and specifications {T and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was I�� accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,November 6, 1995_ ICE That upon said contract Scottsdale Insurance Company was surety for the bond given by the said Nf 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 7th day of November, 1995. �. City Clerk and ex-ofTtcio Cl of the City Couacil*of the City of Huntington BC2ch,California STATE OF CALIFORNIA County of Orange ) ss: ✓�i i_ City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-0flicio 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 71h day of November, 1995.. -: City(7.rk and ex-oflicio Clerk of the City Council of the City of Huntington Beach,California g_}followup4mcptg% Goo • �4 Council/Agency Meeting Held,1� �— Deferred/Continued to: XApproved ❑ Conditionally Approved ❑ Denied City Cleric's Signature Council Meeting Date- November 6, 1995 Department ID Number: PW 95-071 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T_ UBERUAGA, City Administrator l PREPARED BY: RON HAGAN, Director Community Service �ES M. JONES, II, Director Public Works SUBJECT: MUNICIPAL ARTS CENTER RENOVATION, CC-753 NOTICE OF COMPLETION StDV atement of Issue,Funding Source,Recorrwnended Action,Alternative Action,Analysis,Environmental S atus,Attachmentts Statement of Issue: The construction of the remaining portion of the Municipal Arts Center is complete_ Funding Source: Funding of $227,660.00 was available in Fiscal Account No. E-CP-AS-151-6-31-00 for these improvements_ Recommended Action: 1_ Accept the improvements as performed by Team Construction, and authorize the City Clerk to file the Notice of Completion for the Municipal Arts Center; CC-753. Alternative Action(s): None RPQUEST FOR COUNCIL ACTIA MEETING DATE: DEPARTMENT ID NUMBER: PW 95-071 Analysis: On October 17, 1994, Council awarded a construction contract to Team Construction for the completion of the construction of the Municipal Arts Center. This portion of the construction was necessary to complete the project after the termination of the construction contract with Lewis Jorge Construction Company. The construction of all improvements are now complete per the approved plans and specifications, therefore, the Director of Public Works recommends acceptance of the project and requests that the City Clerk file the Notice of Completion The following is a summary of the contract costs: Council Approved Actual Expenditures Contract Amount $177,660.00 $177,660.00 Construction Change Orders $35,000.00 "$34,968.00 Supplemental Expenses $15,000.00 *"$15,000.00 Total $227,660.00 $227,628.00 " Change orders incurred during this project include an extensive list of items which were discovered by Team Construction after they began work_ These items were to correct or repair portions of work previously installed Other change order items included the lighting controls for the multipurpose room, a high-build epoxy floor coating which is designed to resist wear, tile flooring in the storage room to meet the County Health Department requirements,and changes to the previously installed fire sprinkler system for Fire Depatment final approval Supplemental expenses included the cost for building permits ($2, 099.25) with the remainder going to cover the cost to repair and/or supply materials which was to be provided by the former contractor. Environmental Status: NIA Attachment[s]: City Clerk's Page Number _7�:] None MTU RH:LMJ=RH 0014816.01 -2- 10/04/95 2:47 PM - - -- - --- --- ------ - - - -- - --- ---- - ------ - - - --- -- - ----- ----- CALIFORNIA PRELIMINARY NOTICE j IN ACCORDANCE WITH SECTIONS 3097 AND 3098,CALIFORNIA CIVIL CODE ' THIS IS NOT A LIEN,THIS tS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR 1. YOU ARE HEREBY NOTIFIED THAT 5. The name of the person or firm who contracted for the purchase of r'13 I c- r, I r�I;t- AR t VANS SFrN�BL++i5r: {c1r11� such labor,Services, equipment a material is: }•:1.1�4 - Zr.,O GL.EIVt)C1AA � Avk 02-06 T6RK41 CO.N5T r`IsyfKr F:s rP.tl� 1 ',r(: t.i;{ Fig If.7:) r'�•.ti WEST �{ U f M,+F 1,'.,-. .1*� l !'% . . . 1 i�i!-+ 1 �;, 7�1.! .. 1\\1 J �'' !,! ,•1 I :N: ,!'+T r!}., r,l C"r I `r','h4�t } 2. has tumisfied or vAli•'funtM labs...setvices,. equipment,. or 6 materials of the Wlvmng generardescxlpQion: Narrle and Address of Trust Funds to wfildl SupplerrterTtal Fringe l >;a �•,1 s.-r J ,,!:-�1 s.t r:� r:, t�. r r;�t: 1. t: y�r r. Benefits are Payable. 7 Federal Publicr Contract Number k Titl Wore 40 USC Sec. 27QA-270E. i I E Bonding Company ul tJ Y-r:l w' = 3. An estimate of the total price of the labs, services,equipment Y materials furnlshed or to be fumished Is: NOTICE TO PROPERTY OWNER N $ IF BILLS ARE NOT PAID D}FULL FOR THE LABOR,SERVICES,EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO _ THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF ' YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY 4. the building,structure or other work of Improvement Is bated at: EYE"THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL.YOU MAY WSH TO � PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR • i 1 Y 1.1� :fl :^T 1 : ':i 1!rT-! Nr} ca-'f-i ti; :r:1 T?S'• t ;,s, ? ,'•.r l.; }t CONTRACTOR TO FURNISH A RELEASE SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR I2)ANY ,.,r I tk t 4 I { Y t :; r rtt% Itl +t �• ; Ni ;l-a; OTHER METHOD OR DEVICE WHICH IS APPROPRIATE UNDER THE CIRCUMSTANCES. - :^it r[V' :C:�!11'S r+,->c 1, :1•e .-. 'F.,.. v: ... . i•1' ,1.+r; !+>-. . . �s •: u C-I I1at00: , ',". Notice Preparer (Sgnalure) (Title) CONSTRUCTION NOTICE SERVICES,INC.,9520 PADGETT STREET.SUITE 208•SAN DIEGO.CA.92126.4447 Telephone Number (619) 693-8871 I 1 4 i CALIFORNIA PHEUMINARY NOTICE r IN ACCORDANCE WITH SECTIONS 3097 AND 3098,CALIFORNIA CIVIL OODE THIS IS IIOT A l IEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR 1. YOU ARE-HEREBY NOTIFIED THAT 5. The name of the person or firm who contracted for the purchase of �•r'r „ %�.' TOPD P I pE 5OPPL-Y—OAR0,EN Such labor, services,equipment or material Is: t�r,rr',,:. _.:; :rt,r.1,� ,'. -. •!•. .. . . .. .•�'�; 9t4 Ot�I11� 2. has fumished or will'lumM.labor, services, equipment, or ti materials of the following general desc pttion 8. Name a eflt��n'�of Trust Funds to which Supplemental Fringe � -TEAM C 0?j[ 5-TP_VGTt ON rir .m ' P"M$I MR raI ilN: ,I: 1 1- 1.1+ . ,I •"ram. 7. ❑Jobsite Is Federal Public Work Dille 40 USC Sec. 270A-270E. 4 . •`I : ' `u Contract Number Bonding Company 3. An estimate of the total price of the tabor,services, equipment or NOTICE TO PROPERTY OWNER materials fumished or to be fumisfled is: $ IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES,EQUIPMENT.OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECNAXIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF 4 the buildi SfrUCfUre Or Other work Of im !DYlTfT1er11 IS Located at: YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY ng• P EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL.YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (11 REQUIRING YOUR }1-� tAuwri 1 N%'fG0 bcAem CONTRACTOR TO FURNISH A RELEASE SIGNED BY THE PERSON OR FIRM GIVING t YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR 121 ANY .I::: ! + a I. t-: N�N�1 ►`�� BEACH -• 01HER METHOD DR DEVICE WHICH IS APPROPRIATE UNDER THE f� Al`a_T c6r4-rf CIRCUMSTANCES. I ,r�, +°dl ,r iw r•r r-: •• ,, r ,. . Dated: Notice Preparer (Signature) ji!lel CONSTRUCTION NOTICE SERVICES,INC.,9520 PADGETT STREET.SUITE 208•SAN DIEGO.CA Ql126-4447 Telephone Number (619) 693-8871 CALIFORNS PRELIMINARY 20-DO NOTICE (PUBLIC AND PRIVATE WORIQ 1N ACCORDANCE WITH SECTION 3097 AND 30M.CALIFORNIA CIVIL CODE YOU ARE HEREBY NOTIFfED THAT. . . CONSTRUCTION LENDER or PIPELINE ELECTRIC Reputed Construction Lender. if any `nww am J0ams a o"SW a lvm-Wfwl 4217 NEST PORTER AVENUE FT7T.T.F.RTON_CA 92633 CITY OF HUNTINGTON BEACH has furnished of will furnish labor.services,equipment or materials of CASH CONTRACT #7 5 3 the following general description "MUNICIPAL ART CTR REHAB" LABOR TO INSTL FIXTURES & MTRLS (ge1Wa1 Qet".peon or nq 4Da.smut_equip..Qlot Rwefw$lurmtnea Of a be fvhswo Lfor the building. structure or other work of improvement iocafed at EN IF-HAR" - l rcss a ipegn o I�vu wnsrcm ry beni.nu� i FOLOHERE -a Q MAIN STR ET > INGTON BEACH C The name a1 1he person or firm who contracted for the purchase of such labor• services.equipment or materials- TEAM CONSTRUCTION NOTICE TO PROPERTY OWNER II bins are not paid In full for the labor. services. equipment. or materials furnished or to be furnished.a mechartie's hen leading to the loss,through court foreclosure proceedings.of all or part of your prop- Owner or PUBLIC AGENCY erty being so improved may be placed against the property even though or Reputed Owner (on public work) you have paid your contractor In full. You may wish to protect yourself against this consequence by 11)requiring your Contractor to furnish a (on private work) signed release by the person or firm giving you this notice before malting payment to your contractor or 121 any other method or device which is appropriate under the circumstances. The person or hrm giving this notice is required.pursuant to a collet live bargaining agreement.to pay supplemental Irrnge DeneltlS into an CITY OF HUNTINGTON BEACH express trust fund (descnbea to Civil Code 131 Ill Baia fund is iden 2000 MAIN STREET tilled as follows (strike it inapplicable) HUNTINGTON BEACH, CA 92646 ATTN; CITY CLERK Z257 734 bn3—FOLDHERE [�amet peanut lom"r (Monti ORIGINAL CONTRACTOR or Reputed Contractor M is date �,�.r�GENT �.-. , It�Onee t�r M es 1e of bile otaf price of the Labor, services. equlArtrent or TEAM CONSTRUCTION mat ials furnis or to be furnished is: 221 MAIN STREET, SUITE H = 0.00 HUNTINGTON BEACH, CA 92646 ATTN: DAVID FEIN L .J Z257 730 6OtECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20-DAY NOTICE In Accordance With §3097.1(c) and 3098. California Civil Code 1, B. MARY ADAMS declare On the 29 day of N=HBER 19-2-4 at 9:00 —Am . Declarant served the CALIFORNIA PRELIMINARY 20•DAY NOTICE on the interested parties as follows: (Check applicable box.) XAP By placing a true copy thereof enclosed in a sealed envelope with first-class registered or certified postage prepaid in the united States mail at LOMITA, CALIFORNA addressed as follows: ***AS ABOVE*** 0 By delivering a true copy thereof to the parties listed below: • By leaving a true copy thereof at the address or place of business with some person in charge.of the parties whose names and addresses delivered are listed below- (not to be used on public works) I de c re uncle enalty of perjury that the foregoing is true correct. Executed on ✓ r q ni E'o 7,,F�L( r7 as tpio.nn T-Ate w-cocriss a 771 _�19A1 watCorrS.INC NDU AFARSE SLDU For your assistance the lailowing complete text of Section 3097,Section 3097-1 and Section 3098 01 the Calilornia Civil Code are hereafter quoted.Should you have any doubt as to the usefulness of this form for your purposes you are urged 10 consult your own attorney. § 3097- Preliminary 20-day notice (private work). "Preliminary 20-day Where Such notice is required to contain the information set forth in notice (private work)" means a written notice from a claimant that is given paragraph(6)of subdivision(c).a failure to give such notice-including Such prior 10 the recording or a mechanic's lien and prior 10 the filing of a stop information.that results in the filing at a lien or the delivery of a stop notice notice.and is required to be given under the lotlowing Circumstances: by the express trust fund To which such obligation is owing constitutes (a) Written preliminary notice; parties. Except one under direct contract grounds lot the disciplinary action by the Registrar Of Contractors against the with the owner or one perlorming actual labor for wages.or an express trust subcontractor it the amount due such trust Fund is not paid_ fund described in Section 3111.every person who furnishes labor.service. (i) Construction lender, designation or permit applicalio0. Every city. equipment.Or material for which a lien Otherwise Can be Claimed under this county, city and county. or other governmental authority issuing building title,or for which a notice to withhold can otherwise.be given under this title, permits Shall,in its application form lot a building permit,provide space and must,as a necessary prerequisite to the validity of any claim of lien.and of a a designation Ior the applicant to enter the name,branch,designation.it any. notrce t0 withhold,Cause 10 be given to the Owner Or reputed Owner, to the and address of the construction lender and shall keep the information on file original contractor. Or reputed contractor,and 10 the construction lender, if open for public inspection during the regular business hours of the authority any.or To the reputed construction lender,it any,a written preliminary notice It there is no known construction lender_that fact Shall be noted in Such as prescribed by this section. designated space Any failure to indicate the name and address of the can- (b) Construction lender, Except The contractor, of one performing actual struclion lender on Such application, however. shall not relieve any person labor For wages. or an express trust fund described in Section 3111.all per- from the obligation 10 give TO the construction lender the notice required by Sons who have a direcl Contract with the owner and who Furnish labor,Ser- this Section. vice,equipment.or material Ior which a lien otherwise can be claimed under (1) Designation of mortgage. deed of trust or other instrument securing this title.or for which a notice 10 withhold can olherwise be given under this loan.A mortgage.deed of Trust,or other instrument securing a ban,any o1 tale.must.as a necessary prerequisite to the validity of any claim 01 lien,and the proceeds of which may be used tot the purpose of constructing rmprOve- at a notice to withhold,cause 10 be given to life construction lender,if any.Or menu on real property, Shall bear the designation "Construction Trust to the reputed construction lender, it any, a written preliminary notice as Deed" prominently on its face and shall state all of the Following- (1) the prescribed by this section name and address of the lender.and the name and address Of The Owner of (c)Time; content;architect,engineer or surveyor_ The preliminary notice the real property described in the instrument,and (2)a legal description Of referred to in subdivisions (a)and(b)shall be given not later than 20 days the real property which secures the loan and.if known,the street address Of after the claimant has first Furnished labor.service,equipment.Or materials the properly- The failure to be so designated or to state any of the information to the{obsite, and Shall contain The following information required by this Subdivision shall not affect the validity of any such mortgage, 11)A general description of the labor.Service.equipment,or materials fur• deed of trust. or other instrument_ niShed.Or 10 be furnished.and if there is a construction tender,he shall be fur- Failure to provide Such information On Such an instrument when recorded nished with an estimate of The local price thereof in addition to the foregoing. shall not relieve persons required to give preliminary notice under this section (2) The name and address of such person furnishing such labor,service, from such duty equipment,or materials. The county recorder of the county in which such instrument is recorded (3)The name of the person who contracted For purchase of such labor.Ser- shall indicate in the general index of the Official records of the County that vice.equipment. Or materials- Such instrument Secures a construction loan- (4)A description of the IObsrte sufficient for identification- (k)Trust fund and lender;supplementary fringe beneltls_Every contractor (5) The following statement in boldface type: and subcontractor who is required pursuant to a collective-bargaining agree- ment to pay supplementary fringe benefits into an express trust luny described NOTICE TO PROPERTY OWNER in Section 3111.and who has failed to do so shall cause to be given t0 Such fund and to the construction lender, it any. or to the reputed construction 11 bills are not paid in lull tot the labor, services.equipment.or materials lender,it any,not later than The date such payment due to such fund became furnished or to be furnished.a mechanic's lien leading to the loss.through delinquent, a written notice containing: court foreclosure proceedings,of all or part of your properly being so improved (1)The name of the owner and the contractor may be placed against the property even though you nave paid your contrac- (2)A description of The jobsite sufficient for identification - tor in full- You may wish to protect yourself against this consequence by(1) (3) The identity and address of the express trust fund - requiring your contractor t0 furnish a signed release by the person or firm (4)The total number of straight time and overtime hours on each such lob, giving you this notice before making payment to your contractor or(2)any payment for which the contractor or subcontractor is delinquent to the other method or device which is appropriate under the circumstances express trust. (6)11 such nonce is given by a subcontractor who is required pursuant to a (5) The amount then past due and awing. collective-bargaining agreement to pay supplemental fringe benefits into an Failure to give such notice Shall Constitute grounds Ior disciplinary action express trust fund described in Section 3111,Such nonce shall also contain by the Registrar 0t Contractors_ the identity and address of such trust Lund or funds_ (I)Contract;name and address of owner;Information to person seeking to 11 an invoice for such materials contains the information required by this serve notice. Every written contract entered into between a property owner section,a copy of such invoice.transmitted in the manner prescribed by This and an original contractor shall provide space tot the owner to enter his name section shall be sufficient notice. and address of residence:and place at business if any.The original contrac- A certificated architect,registered engineer,or licensed land surveyor who for shall make available the name and address of residence of the owner to has lurnished Services for The design of the work of improvement and who any person seeking to serve notice required by This section gives a preliminary notice as provided in this section not later than 20 days §3097.1 Roof o1 service of preliminary 20 day notice,proof o1 service atfi- after the work 01 improvement has commenced Shall be deemed to have com- da§3 receipt. Proof that the preliminary 20-dayal notice proofrequi at er Section plied with subdivisions(ci)and . with respect to architectural.engineering' 3097 was served in accordance with subdivision(1)at Section 3097 shall be Or surveying services furnished,or to be furnished (d)Election not to give preliminary notice;subsequent rights_It labor,ser- made as follows vice, equipment, or materials have been Furnished to a jobsite by a person (a)If served by marl. by the prool 01 service affidavit described in subdivi- who elected not 10 give a preliminary notice as provided in subdivision(a)or Sion(c)of This section accompanied either by the return receipt Of certilred or (b).such person shall not be precluded From giving a preliminary notice not registered mail,or by a photocopy of the record of delivery and receipt main- later than 20 days after lurnishing other labor, service, equipment, or larned by The post office.showing the date of delivery and t0 whom delivered, materials to the same jobsite. Such person Shall, however. be entitled to or, in the event of nondelivery. by The returned envelope itself. claim a lien and a notice 10 withhold only for such labor,service,equipment, (b)if Served by personally delivering the notice to the person to be notified. or material furnished within 20days prior to the service of such notice,and at or by leaving it at his address or place of business with some person in any time thereafter. charge. by the proof of service affidavit described in subdivision (c). (a)Waiver.Any agreement made or enlered into by an Owner.whereby the (c)A"proof at service affidavit" is an affidavit of the person making the owner agrees to waive the rights or privileges conferred upon him by this Service. Snowing the time, place and manner of service and facts showing section shall be void and of no effect that Such service was made in accordance with Section 3097.Such affidavit (1) Service_ The notice required under This section may be served as shall show the name and address of the person upon whom a copy of the pre- lollows: liminary 20-day notice was served,and,it appropriate,the title Or Capacity in (1)11 the person t0 be notified resides in this state,by delivering the notice which he was served personally,or by leaving it at his address of residence or place of business 13098. Preliminary 20-day notice(public work),stop notice;service;dis- wdh Some person in Charge. Or by first-class registered or certified mail, ay postage prepaid,addressed to the person to whom notice Is to be given at his notcipice ( action: exemption for express trust land. "Preliminary ai ant residence or place of business address or at the address shown by the notice (public work), stop notice" means a written notice from a claimant building permit on file with the authority Issuing a building permit for the teal was given prior to tee filing of d stop notice an public work, and is work, or at an address recorded pursuant to subdivision (1)of this section_ required to be given under the following state allornCes (2)It the Derson t0 be notified does not reside in this state,by any method n (a)In any case a which The law Of this State .has n a right to i person fur- enumer ted Fri era fSUh�TT6t [his siibdi lsloe_ If SuCh pr5b1T-cannot t1C �.IabOr Lice With tor.a public work wcern s not d thereby cause the — P 9 p life a stop notice with the public agency concerned. and thereby cause the served by any of such methods,then notice may be given by first-class cer- withholding of payment from the contractor tot the public work, any such tified or registered mail, addressed to the construction lender or to the person having no direct ContraCtual relationship with The contractor, Other original contractor than a person who performed actual labor For wages Or an express trust fund described in Section 3111. may hie such a notice, but no payment Shall be (3)When service is made by lirsl-class certified or registered mail.service withheld from any such contractor,pursuant 10 any such notice,unless such is complete at The time of the deposit of such registered or certified mail- person has caused written notice to be given to such contractor, and the (9)Single notice;additional material,service,labor or equipment.A per- public agency concerned, not later than 20 days after the claimant has first son required by this section to give notice to the owner and to an original con- furnished labor,services,equipment,or materials to the jobsite.stating with tractor.and to a person to whom a notice to withhold may be given,need give substantial accuracy a general description of labor, service. equipment, Or only one such notice to owner,and to The original contractor and to the per- materials furnished or to be furnished,and the name of the party 10 whom the Son to whom a notice l0 withhold may be given with respect to all materials. same was furnished Such nonce shall be served by mailing the same by service. labor.or equipment he furnishes lot a work of improvement.which first-class mail, registered marl, or certified mail, postage prepaid, in an means the entire structure or scheme of improvements as a whole,unless the envelope addressed to the contractor at any place he maintains an office or same is furnished under contracts with more than one SuDconlraclor, in conducts his business, or his residence. or by personal service In case of which event,the notice requirements must be met with respect to materials. any public works constructed by the Department Of Public Works Or the services. labor, or equipment furnished to each Such contractor Department of General Services of the state- such notice shall be served by II a notice contains a general description required by subdivision(a)Or(b) mailing in the same manner as above,addressed to The office of the disburs- of the materials.services.labor.Or equipment furnished to the date of notice, ing officer of the department constructing the work, or by personal service i1 is not detective because. after such dale, the person giving notice fur- upon such officer. When service is by registered or certified mail.service is nishes materials.services. labor,or equipment not within the Scope Of Such Complete at the time of the deposit of The registered or certified mail- general description (0)where the contract price to be paid to any subcontractor on a particular (h) Disciplinary action against contractors and subcontractors_Where The work of improvement exceeds four hundred dollars($400),the failure of that contract price to be paid to any subcontractor on a particular work of contractor, licensed under Chapter 9 (commencing with Section 7000) of improvement exceeds lour hundred dollars($400),the failure of that contrac- Division 3 of the Business and Professions Code.to give The notice provided for,licensed under Chapter 9(commencing with Section 7000)of Division 3 for in this section,constitutes grounds for disciplinary action by the Registrar of the Business and Professions Code.to give the notice provided for in this on Contractors. section. Constitutes grounds for disciplinary action by the Registrar of (c) The nonce requirements or this section Snau not apply 1n an express contractors_ trust fund describPri in c"rinn +++ I have received the Faithful Performance Bond and to s Bond for Municipal Arts Center; CC-753 on behalf of the Treasurer's Office. Dated By —__ -- Team Construction 221 Main Street, Suite 11 Huntington BEach, CA 92648 ® [NTERCARGO INSURANCE COMPANY 1450 East American Lane *20th Floor Schaumburg, Illinois 60173-5458 1 800 394-3924 �;��•.s;" " '``' :.'' {o �?; LF05-00071 c'fl`?1;, BOND No_ PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we (Insert the full name and address of the Pm%cipst betowi hereinafter referred to Team Construction Management as Principal, 221 Main Street,Huntington Beach, Ca 92648 and INTERCARGO INSURANCE COMPANY, a corporation, hereinafter referred to as Surety, organized and existing under the laws of the State of Illinois and authorized to do business in the State of California, are held and firmly bound unto (Insert the full name and address of the Obligee below) hereinafter referred to City of Huntington Beach as Obligee, 2000 Main Street, Huntington Beach, CA 92648 in the penal sum i One hundred seventy seven thousand six hundred sixty Dollars ($ ***S177, 660•00 ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors and Assigns, firmly by these presents. Whereas, the principal has entered into a certain written contract with the obligee dated the 25th day of October 119 94 , in the amount of One hundred seventy seven thousand six hundred sixty Dollars, (Insert project description and location below) Complete Construction of Huntington Beach Art Center Location :Huntington Beach,CA in accordance with the general conditions, the drawings and specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the contract. Now, therefore, the conditions of this obligation, as specified on the reverse side of this form, are such that if the principal shall promptly and faithfully perform said contract, then this obligation shall be null and void: otherwise it shall remain in Iutl Iorce and effect. Signed, sealed and dated this 28th day of October , 19 94 Tears Construction Management !Seal it applicable] {Print or type name of principal) By: {WrtnesaY /;06na ere o ropresentativel 4n OVT� D AS i4 S4i CIW:, IT is 1, y, (Type name and trite) Vr�" INTERC GO SURA CO Y ••jt.r Alto L rn 4[nipb (Wrinass) t O r•En-last! Michael Anthony (Name typed) (SEE REVERSE SIDE FOR TEAMS AND CONDITIONS) InBBI.7 11193) INTERCARGO INSURANCE COMPANY 1450 East American Lane •20th Floor rM Schaumburg, Illinois 60173-5458 1.800-394-3924 LFOS-00071 BOND NO PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That we tinsan the full name and address of the Principal below) hereinafter referred to Team Construction Management as Principal. 221 Main Street,Huntington Beach, Ca 92648 and INTERCARGO INSURANCE COMPANY, a corporation, hereinafter referred to as Surety, organized and existing under the laws of the State of Illinois and authorized to do business in the State of California, are held and firmly bound unto (insert the full name and address of the Obliges below! hereinafter referred to City of Huntington Beach as GNigee, 2000 Main Street, Huntington Beach, CA 92648 In the penal sum ( one hundred seventy seven thousand six hundred sixty Dollars fS ***$17 7, f , D 1 lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors. Administrators, Successors and Assigns,firmly by these presents. Whereas, the principal has entered into a certain written contract with the obligee dated the 25th day of October , 1994 , in the amount of One hundred seventy seven thousand six hundred sixty Dollars, (Insert project description and location below) Complete Construction of Huntington Beach Art Center Location :Huntington Beach,CA in accordance with the general conditions, the drawings and specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the contract. Now, therefore, the conditions of this obligation, as specified on the reverse side of this form, are such that if the principal shall promptly and faithfully perform said contract, then this obligation shall be null and void: otherwise it shall remain in full force and effect. Signed, sealed and dated this 28th day of October , 19 94 _Team Construction Management !Seal if applicable) (Print or type name of principal) By: (Witness) nature o ed representative) (Type name and title) tpruf INTERCA O 1 SU NC MP . SE: L. 4+iao�s By: (Witness) (AttomeV-in-fact] A,-. --. .. . Michael Anthony (Name typed) ^y 1 (SEk REVERSE SIDE FOR TERMS AND CONDITIONS) iHBaL-3 ilrg3f ' ✓ ` ; C,y attorney -VOn IF NOT USED BY: • INTERCARGO INSURtE COMPANY 04/27/96 1450 East American LJW 20th Floor ,'. Schaumburg. Illinois 60133-5458 No Power of Attorney on this form shall 1-800-394-3924 be valid as to bonds. undertakings. recogni=ances or other wnttan obligations approval code POWER N in the nature thereof executed on or after 1NIII�nIIIN1��III�11'lll1mm"I'n1 �IL ['}��7 said expiration date_ 4u, II 4I4I4I Iul IIIUHgIII{i14YA4i1i11 LF0-)-( ` -" 1 PRINCIPAL Team Construction :N'iartagernent 221 Main Street„ Huntington Beach.Ca 92648 OBLIGEE City of Huntington Beach 2000 Main Street Huntington Beach, CA, 92648 DESCRIPTION & LOCATION OF OBLIGATION Compete Construction of Huntington Beach Art Center Location :Huntington Beach, C.- PENAL SUM PRINCIPAL TAX ID. PROJECT **$177,660.00 1 CC-753 LIMITED POWER OF ATTORNEY To be used only in conjunction with the bond specified herein. This Power of Attorney may not be used in conjunction with any other Power of Attorney. This Power of Attorney is void if altered or erased. This Power of Attorney bears the numbered seal of INTERCARGO INSURANCE COMPANY. No representations or warranties regarding this Power of Attorney may be made by any person other than an authorized officer of INTERCARGO INSURANCE COMPANY, and must be in writing. Questions or inquiries regarding this Power of Attorney must be addressed-to INTERCARGO INSURANCE COMPANY, Attention: Contract Bond Underwriting Department. This Power of Attorney shall be governed by the laws of the State of Illinois. KNOW ALL MEN BY THESE PRESENTS:That INTERCARGO INSURANCE COMPANY,a corporation organized and existing by virtue of the laws of the State of Illinois does hereby nominate, constitute and appoint: :Michael Anthony its true and lawful Attorney-in-fact to make,execute,attest, seal and deliver for and on its behalf,as surety,and as its act and deed, where required,any and all bonds,undertakings, rrcognizances and written obligations in the nature thereof, as follows: Bid to LiceBnse &Ycrmiit aaOnJ Miscellaneous honda up to ,000 Performance & Pavmcnt Bonds up to $1,400,000.00 Court Bonds up to $500.000.00 Such bonds and undertakings,when duly executed by the aforesaid Attorney-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and scaled with its corporate seal. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. STATE OF ILLINOIS u. COUNTY OF COOK 1. Kenneth J. Kranig, Secretary of the INTERCARGO INSURANCE COMPANY a corporation of the Slate of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attomey is still in full force and effect and has not been revoked- IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of said Company,at Dubbin. this 28Eh day of Ortahcr .19^9� SEr L 75 SECRETARY t o�s CON-24Lt091931 CALIFORNIA ALL-PURPO ACKNOWLEDGMENT • No sac- State Of California County of Alameda On 10/28/94 before me, Sharlene Franco DATE NAME.TTTkZ OF OFFICER.E-O •JANE DOE.NOTARY PUBLIC personally appeared Michael Anthony NAME tS)OF S*14E R)5) ® 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 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. Srik,;tERE B.FRAI7[0 'a WITNESS my hand and official seal. a - •• ti Comm.t 9144 a SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law. it may prove valuable to persons retying 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 TTT E(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENMVMS7 SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-WX Rer mo Ave..P.O.Box 7154-Canoga Park.CA 91309-7104 j; .- � REQUEST FOR CITY COiTNCIL ACTI ,- Date- October 17, 1994 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by. Michael T. Uberuaga, City Administrator l 7 GG''`` l 9� Prepared by: Ron Hagan, Director of Community Servi Ray Silver, Director of Public Works azrt.�° cr d. K Subject: COMPLETION OF TILE MUNICIPAL ARTS CENTER, CC-753 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statctnent of 6sue,Recotnniendod Action,Anal)-,is,Emimmnwnta1 Status,Funding Source,Altmutn'e Action,Attachments: STATEMENT OF ISSUE: Bids for the Completion of the Municipal Arts Center were received and opened on October 5, 1994. RECOMA•tENDED ACTION: 1 Approve a transfer of an approved appropriation for Huntington Central Park Projects from the Park Acquisition and Development Fund to the Arts Center project account 4E-CP-AS-151-6-31-00 in the amount of$227,660.00, and 2. Approve the low bid submitted by Team Construction for the Completion of the Municipal Arts Center, CC-753; and 3_ Authorize the Director of Public Works to expend $ 227,660.00 to cover contract costs of $177,660.00, anticipated construction Change Orders of S 35,000.00, and supplemental expenditures of$ 15,000.00_ ANALYSIS: On October 19, 1994, Council approved the termination of the construction contract with Lewis Jorge Construction Management, Inc_, the original general contractor, and authorized the Director of public Works to solicit bids to complete the remaining portions of work. The bids were received and opened on October 5, 1994, and are summarized below= Contractor Base Bid Additive Alternates Total Bid Team Construction $ 160,000 00 $ 17,660.00 $ 177,660.00 Varkel Construction $ 193,480.00 $ 17,200.00 $ 210,680.00 Chaarani & Associates $ 217,000.00 $ 23,100.00 $ 240,100.00 United Builders $250,000.00 $ 56,000.00 $ 306,000.00 General Construction Services $277,517.00 $ 38,280.00 $ 315,797.00 �cl Municipal Aris Center, CC-753 October 17, 1994 Pagc 2 Based upon an award of a contract to Team Construction, the cost of the project would be as follows- Contract Amount $ 177,660.00 * Project Change Orders $ 35,000.00 ** Project Supplementals 15 000.00 TOTAL $227,660.00 * Examples of possible Change Orders include changes in field conditions, unavailable materials, errors in the plans, and changed city requirements. ** Examples of supplementals include soil testing, city services, etc. FUNDING SOURCE: The additional casts for the renovation of the Arts Center were determined after construction modification revealed a faulty support system and omissions in the original working drawings. The final cost to complete the project will be$ 1,246,660.00. The Park Acquisition and Development Fund (PADF) contains $250,000.00 for Huntington Central Park (HCP) This money will not be needed until next spring. In January, staff will recommend a transfer of$600,000.00 to the PADF from the Meadowlark Golf Course Fund Therefore, staff is recommending using $227,660.00 of the money budgeted for HCP for the Arts Center. The HCP project will be refunded after the recommended Meadowlark transfer A transfer of$ 227,660 00 from the PADF account to the Arts Center Fund E- CP-AS-151-6-3 1-00 is required. Because the Center will provide community recreational activities, it qualifies for funding from the Park Acquisition and Development Fund. Staff will be returning to City Council .vith an amendment to the agreement with the Arts Center Foundation that would provide that aside from this allocation, all costs of the construction of the Center will be repaid to the City from the Art Center Foundation_ ALTERNATIVE ACTION: 1 Deny award of contract to Team Construction and select one of the other bidders- 2- Reject all bids and forego the construction of these improvements. ATTACHMENTS: FIS MTU:RS-RH:rh 753lb:ip%--.doc CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION Ml.'M11VGTC)N MACH TO: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR FROM= ROBERT J. FRANZ, DEPUTY CITY ADMINISTRATOR SUBJECT: REQUESTED APPROPRIATION FOR INCREASED COSTS IN FINALIZING ART CENTER RENOVATION EFFORT F-I.S- 95-01 DATE. OCTOBER 7, 1994 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $227,660 to provide funding for the additional costs associated with the on-going renovation of the Municipal Arts Center Upon approval of the City Council, the balance of the unaudited, undesignated Park Acquisition & Development Fund would be reduced to $33,000. �' ROBERT J_ FRANZ Deputy City Administrat RJF=pdc i 0005767.01 10M 0194 2:53 PM A, CITY OF HUNTINGTON BEACH 013 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 7, 1994 Team Construction 221 Main Street, Suite 11 Huntington Beach, CA 92648 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file,with this office before the City can release any retention funds: A warranty bond guaranteeing the final 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 Works Department, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance (Telephone:714-538-S2271 INSURE CERTIFICATE r_INSURANCE 7_hATE(MKODtYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, Charles E. Mills Co. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 4281 xatel la Ave. , Ste . 128 COMPANIES AFFORDING COVERAGE P .O. Box 949 Los Alamitos, CA. 90720 COMPANY A (714 ) 527-4187 LETTER SCOTTSDALF TNS.UR.ANCE CO COMPA L NY B ETTER Team Construction COMPANY Jeffrey J Bergsma _LETTER 221 Main Street #H COMPANY Huntington Bch. CA 92648 LETTER D _ COMPA}IY E LETTER NY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN-THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co: - - _ FOUL-f EFPECINE POLICY E)GIFYITION - LTR• TYPE OF 09SURLMICE I FOLIC.`!NLA BIER GATE WM1DOlYYI DATE NM1D0lYY) LAM GENERAL LIABILITY GENERAL AGGREGATE 91 ,000,000 X OOMMEACULL GENERA LIABILRY C LS 2 3 0 4 4 0 10/2 0/9 4 10/2 0/9 5 ProDUCTs-comm?AGG- $1 0 0 0 0 0 0_ CLAIMS MADE FX I OCCUFL PERSONAL a ADV-I W URY S 1 r 0 0 0, 0 0 0 4}{ OWNERS A CONTRACTORS PROT- EACH OCCURRENCE S 1 0 0 0 000 }{ FIRE DAMAGE(Any an.nral 6 50, 000 j MED EXPENSE{Any one palsonj AUTO WILE LIABILITY COMBINED SLNGLE S ANY AUTO LWIT ALL OWNED AUTOS BODILr INJURY S SCHEDULED AUTOS (Par P-1 HIRED AUTOS BODILY INJURY f — i NON-0WNEO AUTOS - (Pat accJdw q LiAAAGELUU3RITY PROPERTY DAMAGE + EXCESS LIABILITY EACH OOCURRENCE L UMBRELLA FORM AGGREGATE S OTHER MAN UMBRELLA FORM " WOMU'S CRFEMT11011 STATUTORYLIWS AND G -- _ -:'.J_`� f EACH ACCIDENT t �.: DISEASE-POUCY UMIT S EIFLDYERS' LUBILITY C- ..- -- Nle DISEASE-EACH EMPLOYEE L I DIIER DESCIIIPTION OF OPERATLOIIS/LOCATIORS/9EHICLES/SPECI4 ITEMS RE: HUNTINGTON BEACH ART CENTER CERTIFICATE HOLDER. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AND ADDITIONAL INSURED EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF HUNTINGTON BEACH, ITS T LEFT AGENTS, OFFICERS & EMPLOYEES 2000 MAIN STREET IZFD REPUR NTATIME HUNTINGTON BEACH, CA 92648 _0_03 FORM 25-13BS(07M) STATE P.O. BOX 420807, SAN FRANCISCO.CA 94142-0807 COMPENSATION INSU"ANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OCTOBER 27 , 1994 POLICYNUMBER:1263489 - 94 CERTIFICATE EXPIRES: 7-1 -9 5 CITY OF HUNTINGTON BEACH RISK MANAGEMENT 2000 MAIN' STREET HUNTINGTON BEACH , CA 92648 JOB : ALL OPERATIONS EMPLOYEES=3-4 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 poljcx period indicated. This policy is not subject to cancellation by the Fund except upon)bK days'advance written notice to the employer. 30 We will also give you XR4 days'advance notice should this policy be cancelled pnor 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 LIABILITY LIMIT: $15000 ,000 PER OCCURRENCE , ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS ' NOTICE EFFECTIVE 07/01 /94 IS ATTACHED TO AND FORTIS A PART OF THIS POLICY . ' ITT�Tf//•• - 111L-.Y ^rna t. . EMPLOYER �:4�.#• r JEFF BERGSNA AND MICHAEL FEIN DBA: TEAM CONSTRUCTION MANAGEMENT 221 MAIN STREET STE H HUNTINGTON BEACH , CA 92648 L CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Np S97, State of California County of orange !1 On e1u 994before me, Consuelo Ty Ancog, NotaryPublic , 9 1} � DATE NAME,TITLE OF OFFICER-E.G..'JANE DOE.NOTARY PUBLIC personally appeared Jeff Bergsma NAME(S)OF SrGNERIS) D&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 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. CONSUELO TV ANCOG WITNESS my hand and official seal. COW 11031789 Not-� ary Public—CoeforNa z Z ORANGE COUN ry tuty COrnrn.El�hes AR 3.1098 SIGNATU F NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT nTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR E"TYtIES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave-,P-O-Box 7184•Canoga Park,CA 91309-7184 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TEAM CONSTRUCTION MANAGEMENT FOR COMPLETION OF CONSTRUCTION OF THE MUNICIPAL ARTS CENTER (CC-753) TABLE OF CONTENTS Page No 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 6ragreetartscent/1 Or20194 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TEAM CONSTRUCTION MANAGEMENT FOR COMPLETION OF CONSTRUCTION OF THE MUNICIPAL ARTS CENTER (CC-753) THIS AGREEMENT, made and entered into this 7th day of November , 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and TEAM CONSTRUCTION MANAGEMENT, a California general partnership, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as completion of construction of Municipal Arts Center, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may apse or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 1 6lagreeaartseent/10/20194 0 • Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include, A. This Agreement; B. Bonds covering the work herein agreed upon: C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc.. 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 61agreelartscewl 0120/94 0 • E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"): F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Seventy-Seven Thousand Six Hundred Sixty Dollars ($177,660), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within sixty (60) working calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of time essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 61agreelartscenV1 O120194 • • CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work. CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost 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. 4 Gtagreelartscendl 0/20/94 • , 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. B. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items_ Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 5 Wagreelartscentl10/20194 • • payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Four Hundred Dollars ($400) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes 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 6 &ragrerJ9Mscenv9 0120/94 required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents: or (b) Unknown physical conditions at the job site, of an unusual nature. differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly: (2) Time Extension- No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 f/agreVartscenV l Q120/94 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts_ The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY_ Payments shall be 8 61agreelartseenV10120f94 • . made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including 9 &agree/artscent/1020194 • 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 attomey fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit_ CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees_ CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations. product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional 10 6lagreelarlscenU10/20194 • • 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. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance_ CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this 11 61agreelartscenU1 044194 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. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24, NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and 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 materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not 12 61agreelartscenVl 0120/94 CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S-C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 Glagree/artscentl1 0120/94 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written_ N1Aaj t&eMENY TEAM CONSTRUCTION ee%ff1 WKa general partnership 6 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of BY California f eVene artner By: y �. � /iCE✓t1 Michael Fein, General Partner Mayor ATT T:' 4:;�� APPROVED AS TO FORM: City Clerk �AiG 01J p� City Attorneys u-��-�`� 10-23-0,+ REVIEWED AND APPROVED: INITIATED AND APPROVED- City-Administrator Director aPPublic Works 14 ftgrewansceW l 0/20194 BID LIST WEDNESDAY, OCTOBER 5, 1994 CC-753 MUNICIPAL ART CENTER ENGINEER'S ESTIMATE:_$225,000 PROJECT ENGINEER: RANDY HUTTENBERGER BIDDER'S NAME TOTAL BID AMOUNT RANK I. C-Dad, Inc,. 2. Chaarani and Associates 3. General Construction Services ' 4. Lynch Construction, Inc. 5. Midland Construction Co. 6. Old Hickory Construction 7. Team Construction 160, goof 8. United Builders Q 9. Varkel Construction Q . 10. 11. American Deck Systems Dex-O-Tex Waterproof 9272 Jeronimo Road, Suite 118, Irvine, CA 92718-1914 Terrazzo Walking Decks Terrazzo Resurfacing Magnesite Composition (714) 380-1393 • Fax (714) 380-8718 • Lic#630502 Levelling and Straightening Mastic Cement of concrete decks Urethane Decking To City of Huntington Beach, City Clerks Office DATE Oct. 4 , 1994 PO ADDRESS 2000 Main Street, Huntington Beach, CA. 92648 Huntington Beach Art Center Remodel JOB ADDRESS 538 Main Street, Huntington Beach,CA. TELEPHONE OWNER'S NAME __.- .- . - -- JOB LENDER'S NAME ADDRESS __— ADDRFSS -. - PROPOSAL AND CONTRACT We propose to furnish and instalr materials in the budding at the above address in accordance w.h itre Iolla+ ng specifications and prices water&power to be lurnished by otners Unless noted 'h s proposal does nor.nc'ude any gnndirg.nu:ing.leve:ing•10ing slragn'e irg or ck'a'ling of s•,,b tloors Drainage to De in sub:loor unless oinerwise speed ed Acid Wash existing concrete to clean. We are not responsbe;or low spots o "bid ba'l)s"we propose ro r ,N_.Install three coats Aero Floor Chemical_ Resistant Sealer on floors . Room # 101 , 102, 103, 108, 109 , 113 , 116 , 117 , 118, 119, 120, 121 , 122, 123, and 124 per Spec Section 09900 Alternate to specified epoxy. for a total price of here will bean adddronar cha'ge for any damage ro our OeCk ny oaher subcontractors to:he event that a dispute t)etwMn owner anO contractor should arise. f is agreed'hat both parties wi.l conse••t'o and aoide t:y a ccun dee.sron In Inc event of non-payment of aware ro inlure0 party.if is agreed"'at the attorneys Ives and court costs will be the responsibility o:the guilty party Modifications as follows Price valid for 60 days We will not assume responslbdiTy for any damage curing construction due to natural causes (l c rain. etc Check if appflcaue ❑ Price includes all inside and outside metal flashing ❑ This proposal based on telephone estimate of square footage•ano sublet:to change will)any deviatior in actual. measurements Terms A rrnnvrtun 90%oaymen:will be due prior to installation of frna+coat PLEASE SIGN AND RETURN ONE COSY Accepted by American Deck Systems Date Mike Krueger, General Manager Contracrors are requ•rt`d by law 10 be licensed and regula'ed by the Conir State License Board Any questions concerning a contracor may be referred to the Registrar of the Board. 1020 N St_ Sacramento.CA 95814 ��:`-.y..1�.;'_�:�'?r"''t�'J�l��.._��i'�:i[�:1-f''�`-Wit`-'�-�}'r 'ti`��..!Z �I y`�..-tigc�.'�r•-7nff�n..4f.G.Q.�p�n�f.,,�,r5y^Yry,rr�,r^....�+.� �.-�.»,..,__,.w-p.. American Deck Systems Dex-O-Tex Waterproof 9272 Jeronimo Road, Suite 118, Irvine, CA92718-1914 Terrazzo Walking Decks Terrazzo Resurf9c—ing Magnesite Composition (714) 380-1393 • Fax (714) 380-8718 • Lie#630502 Levelling and Straightening. Mastic Cement of concrete decks Urethane Decking TO City of Huntington Beach,�City Clerks Office DATE Oct. 4, 1994 PO ADDRESS 2000 Main Street, Huntington Beach, CA. 92646 Huntington Beach Art Center Remodel JOB ADDRESS 538 Main Streit, Huntington Beach,CA. TELEPHONE — OWNER'S NAME _ JOB LENDER'S NAME —. ._ ADDRESS _ — _ ADDRESS — — - PROPQSAL A,ND.CONTRACT. _ —r.-.r-- -- -- - we propose 10lurnish and install maleria's in Ire o jilding at the drove adcress-n accordance with Ire,ollowinq s Dec.itications and paces Water d power to be furnished by others Unless no'ed.rnis proposal does not irClude any qn—ing nail-rg, e.elirg-I.I.ng.s'raghlrnin;c•c caning D:sub-'.o0•s Drainage'o be it suDiloor uniess e'herw se specified Acid Wash existing concrete to clean. rare are not responsible for low spots or"bird baths 'Vve propose to-,*,X Install three coats Aero Floor Clemical Resistant Sealer on floors. Room 0 101 , 1028, 1043, 108, 1091 fl3F, 116, 117, 1180_ 119, 120, 121 , 122, 123, and_124 _per Spec Section 09900 — Alternate to specified epoxy, for a total pr.ce of$1 6,5 4 0.0 0rrere will be do adoitronal rha•ge'or ary damage to our Beck by olner suocorrraCIors In Inc even;:hat a dispute berween owner ano Contractor should wise•it is agreed that both panes w u conserx:o ano an,lf,-v a tour:deg_sror In aw event of nonpayment o:award to inlurec party.t is agmed•that the a^ornP.y's tees anC coin COSTS will be the responsibility of,rre guilty party Modifications as follows Price valid for 60 days We will not assume responsibility for any damage during construc.ron due to natural causes�,c am. etc f Check it applrcaole ❑ Pace includes all inside and outside metal flashing ❑ This proposal basen on to ephore estimate of square oo'age. and sublecf 'o charge with any deviation it actual measu!ements Terms A minrmrm 90%paymerx will De due prior to ins;allation Of final coal - , PLEASE SIGN AND RFTURN ONF COT' Accepted by — — American Deck Systems Date Mike Krueger, General Manager , CGntraC:Ors are recurred by law to be licensed and regulated by the Conn State License Board-Any questions rancern-rig a cons actor may be refereed to the Registrar of the' - Board. 1020 N S• Sacrarnenro.CA 95814 1'' I. kECEIVEO i CITY CLEO- _ i CITY of Q C c, s ' � H11HTIflGiOI+ +�>:rII. CALIF -.. � J ' Ocj 2 00 ., }w�ti: Ln C:) gym Uj °C u u _ C0 _ s v s I American Deck Systems 172 Jeronimo Road, Suite '118 CAne, CA 92718-1914CID 4-- x o 474 x cr'�rn City of Huntington Beach, City Clerks Office 2nd floor ^gym 2000 Main Street Huntington Beach, CA. RE: Huntington Beach Art Center Remodel SPEC SECTION 09900 i • Vldq 9 NOTICE INVITING BIDS CC-:ZS3 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on OCr. S 199 4 , at which time they will be open d publicly and read aloud to the Council Chambers for the aP -l�e�r�r��P�l �/LSS _ [I�r��22 _ in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on _r.F' ` 21 _ , 19Q� at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of S 25.ct7. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than I0% 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 law. 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 76T1' Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328G OFFICE OF THE CITY CLE CITY OF HUNTINGTON BEACH 2000 MAIN STREET/P. O. BOX 190 HUNTINGTON BEACH, CALEFORNIA 92648 Multifax Image Mate (714) 374-1557 ***PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE... TO: FAX NO. l PHONE NO. FROM: Z�l NUMBER OF PAGES o� (INCLUDING COVER PAGE) DATE SENT: _ / / TIME SENT: PM OPERATOR'S NAME ` lj& _ PLEASE NOTIFY OPERATOR IMMEDIATELY IF NOT RECEIVED PROPERLY (714) 536--5227 COMMENTS: CHARGE FOR THIS MATERIAL: PLEASE REMIT TO THE ADDRESS ABOVE 1038K Request for City Council Action Date: September 19,1994 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Ron Hagan, Director of Community Service& APPROVED BY CITY COUNCIL Ray Silver, Acting Director of Public Worksd? -�0 192 Subject: Municipal Arts Center; CC-753 c r-Y cr_ K Consistent with Council Policy? [X ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The Municipal Arts Center needs to be completed. RECOMMENDED ACTION: 1. Terminate the construction agreement with Lewis Jorge Construction Management, Inc.; 2_ Authorize the Director of Public Works to solicit bids for the remaining portions of work; and, 3. Approve the attached Sample Contract, subject to award of contract by Council to the approved lowest responsible bidder ANALYSIS: The construction of the Municipal Arts Center has been halted with approximately 80 percent of the work completed. During the demolition and installation of the clerestory windows it was discovered that the exterior walls were not structurally sound to carry the new windows. This condition was discovered after the main structural supports in the walls were sawcut and removed. A new design was completed by the Architect and approved by the City building officials. The general contractor estimated the revision to be S165,000_ City staff requested estimates from other qualified firms for comparisons, which, when received were approximately $50,000 to $60,000_ This discrepancy prompted City staff to meet with the contractor to try to negotiate a reasonable cost. Since an agreement could not be reached, both the City and Contractor have mutually agreed to terminate the current contract. Staff therefore recommends that the Construction Contract with Lewis Jorge be terminated. There are still some outstanding change orders and credits that are unresolved and will have to be negotiated or litigated_ Thus, the final cost of the Lewis Jorge contract is unknown at this time. The Architect has prepared the necessary documents for completion of the Arts Center. Staff recommends that the project be re-bid for the remaining portions of work. Since there is the above discrepancy on the cost of completing the project, staff will return to City Council when the bids are received for an appropriation of an additional $225,000 to the project account from the Park Acquisition and Development Fund, to cover the anticipated costs for completion and any costs that may be due to Lewis Jorge Construction Management. After settlement of any / RCA Municipal Arts Center; CC-753 September 19, 1994 Page 2 materials and/or labor payments still due, any remaining funds in the project account will be returned to the Park Acquisition and Development Fund. The Arts Center project was initially projected to cost $700,000 in 1991. To assist the City, the Arts Center Foundation agreed to provide $400,000 at the start of the project. The City agreed to loan the project $300,000 to take advantage of the construction market. Subsequently, the foundation agreed to raise an additional $300,000 to cover the loan obligation. With the working documents, contingencies and management costs, the total cost was placed at $825,000 As the project got underway, a series of change orders raised the cost to $1,019,000 The City appropriated $ 150,000 from the CIP fund balance to be repaid by the foundation. Now, to cover the required modifications and complete the project, staff recommends the City appropriate the remaining portion without an obligation to the foundation. This commitment from the City will allow the foundation to continue its worts in building a multi- million dollar program endowment that will assist the City with costs of operating the center. The final cost will be $1,220,000. As of this date, the foundation has raised $820,000. The project is expected to be completed in late December with a Grand Opening scheduled for March, 1995. FUNDING SOURCE: The funds for this project are available in Fiscal account E-CP-AS-151-6-31-00 (Municipal Arts Center). ALTERNATIVE ACTIONS: 1. None ATTACHMENTS: Sample City Funded Construction Contract MTU/RS/:RH Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR COMPLETION OF CONSTRUCTION OF THE MUNICIPAL ARTS CENTER (CC-753) THIS AGREEMENT, made and entered into 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 California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as completion of construction of Municipal Arts Center, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF_WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 1 SAMPLE 6lagreelarlscenUOBW94 Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 SAMPLE 6/agwJadwat Ar3Q194 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within sixty (60) working calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 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. 3 SAMPLE sragreelartscenVOMOisa CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost 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. 4 SAMPLE 61a g reefa rtscent M 30l94 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 5 SAMPLE d payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as +iquidated damages and not as a penalty, the sum of Four Hundred Dollars ($400) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. 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 6 SAMPLE &agrwJanscenu0ari0194 required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 SAMPLE 5Ia8reejanscenV0850194 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 SAMPLE cva��ntroarao+sa made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California_ 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including 9 SAMPLE 61agreelanscerZ ar-UM 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. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly requite all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall cant' at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional 10 SAMPLE 6/agreelartscenV%W/94 • 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. 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this 11 SAMPLE 6lagrewartscenVW30/94 i • 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. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NOWASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Govemment Code sections 1090 et seq. 26. 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 materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not 12 SAMPLE 61agreWaft"nv=30194 CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 SAMPLE 61agreelartscenV08 MAI 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, A By: municipal corporation of the State of California print name ITS: (cirde one)Chairman/President/Vice President By: Mayor print name ITS: (rirde one)Secretary/Chief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer City Attomey ATTEST: d)/.-sY INITIATED AND APPROVED: City Clerk Directo of R D AND APPROVED: City Admintstrator 14 SAMPLE &agredartscenv0arj0194 • • Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR COMPLETION OF CONSTRUCTION OF THE MUNICIPAL ARTS CENTER (CC-753) 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 S. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28, CAPTIONS 14 29. IMMIGRATION 14 30_ LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 &aWePJ vo&3Q( a HUNTINGTON BEACH + FOUNTAIN VA Independeil • THE NEWPORT BEACH •COSTA MESA PILOT Client Reference Independent Reference Dear Advertisers: Enclosed please find clip ing of your ad from the first publication, beginning If you need any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ U Thanks for your cooperation and patronage. Sincerely, Judy �ttingag Manager Legal Advertising Manager 330 West Bay Street, Costa Mesa, CA 92627 (714) 642-4321 FAX(714) 631-5902 PUBLIC NOTICE PUBLIC NO 7ICES I PUBLIC NI)TICES NOTICE , with the r lion INVITING and is made in accordar only such variat. rat SEALED BIDS with the provisions of may be required unuer the proposal requiromants. PUBLIC NOTICE special statues pursuant to for CC-840 Each bidder must be Ik which proceedings hereon. and CC-B" tensed and also prequalt- NOTICE der are taken and which Notice Is hereby given Ild as required by law. INVITING BIDS have not been superseded that sealed bids will be re- The City Council of the CG753 by the provisions 01 the ceived by the City of Hun. City of Huntington Beach Notice Is hereby given Labor Code. Preference to tington Beach at the office reSarves the right to reject that sealed bids will be to- labor Shall bo given only in of [hi City Clerk at City any or ell bIdS. carved by the City of Hun- the manner provided by Hall. 2000 Main Str00r. By order Of the City Coun- tington Beach al the office few. Huntington Beach, CA Cii 01 the City of Huntington of the City Clerk at City No bid shall be Consid- 92646, until the hour of Beach, California the 61h of Hall, 2000 Main Street. eyed unless it is made on a 2-00 PM on October 25. September 1994. Huntington Beach, Calilor- form furnished by the City 1994. all which time bids Connie Brockway, rtia, until the hour of 2=00 of Huntington Beach and Is will be opened publicly and City Clerk of the City of p.m. on OCT. 5, 1994 pub- made in accordance with read aloud in the Council Huntington Beach licly and read aloud In the the provisions of the pro- Chambers for the Warren 2000 Main Street, Council Chambers for the posal requirements- Lane Parallel Sower and 5714�538 5431 Completion of the Munici- Each bidder must be If. Banning,'Bushard Sower pat Arts Center In the City caused and also pragtra l- Rehabdita0on ProjOCls in Published HOnling:on of Huntinton Beach, tied as required by law_ the City of Huntington Beach-Fountain Valley In- A set or 7 plans, specifica- The City Council Of the Beach- dependent September 15, lions, and other contract City of Huntington Beach A sot of reduced plans, 22 29 1994 documents may be ob• reserves the right to reject specifications,artd co,,Iracl 093.942 rained on Sept_21, 1994,at any or all bids. i dOCurrlGnts may be ob-, [he Department of Public By Order of the City Court. . lalnod starting September Works, 2000 Main Street, cil of the Ciry of Huntinggton ' 15, 1994 at City Hall. De-' Huntington Beach. Caldor- Beach, California the 2Oth pattment of Public Works n,a, upon receipt of a non- of Sept.1994. upon receipt of a non• refundable tee of$25-00- Connie Brockway, refundable fee of $25.00. Each bid shall be made City Clerk of the City of sales tax included. if on the Proposal Form and B !{ picked up or SW 00 it Huntington each documents. mailed. A set of hull size In the manner provided s. Published Huntington improvement plans Can be - the contract ocuments. Beach-Fountain Valf In. obtained for an additional and shell be accompanied ey 0.00 if picked up Or by a certified Or cashier's dependent September 24, $1 -00 chock or a bid bond lot not 29. 1994_ $1 mailed_ loss than 10% of the 094-226 Each bid sha0 be madeamoun on the Proposal Form pro- payable o the City made payable to the City Of Hun• vidOd in the contract docu- tingion Beach. The Con- mon;s. and shall be ac• tractor shall. In the per- compan.ed by a conified Or lormance of the work and cashier's Check or a bid improvements. Conform to bond for not less than i0% the Labor Cod* Of the of the amount of the bid. State of California and made payable to the City other laws Of the State of of Huntington Beach_ The California applicable Contractor shall,In the per- formanco of the work and - improvements. Conform to the Labor Code of the Stale or California and other Laws of the State o1 Cali- tomia applicable therelo. with Ilia exception only of such variations that may be required under the special statues pursuant 10 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 taw. No bid shall be Co"d- ered unless It is made on a form furnished by the City of Huntington Beach. De• partmenf of Public Works, ---. HUNTINGTON BEACH a FOUNTAIN VALL Independent THE NEWPORT BEACH•COSTAMESA PILOT I Client Reference ',�s� _ Independent Reference #of 7 -,;- _2- Dear Advertisers; Enclosed please find clipping of your ad from the first publication, beginning If you need any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. Sincerely, 9,ludv tong Manager Legal Advertising Manager 330 West Bay Street, Costa Mesa, CA 92627 (714) 642-4321 FAX(714) 631-5902 i a PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) PUBLIC NOTICE I CZ am a Citizen of the United States and a INWI GBIDS CC-753 resident of the County aforesaid; I am Notice is Kor%a yivert that sealed bids wLLl be re- over the age of eighteen years, and not a calved b site City of four* parry to or interested in the below ont°n� at tt,a ota1y H the C+ C sin Street. et. Hall, Main SVWI. Huntington Beach. Califor- entit e matter. 1 am a principal clerk of nla unfit the hotr of 2W the HUNTINGTON BEACH INDEPENDENT, a °«. OCT.on u� » the newspaper of general circulation, printed ComPat pletion �,�, City of Huntington Beach. and published in the City of Huntington A *of of ptarta. speCtflca- ct Beach, County of Orange, State of b""' °nd °ti'ayr be ob- dxurttants ma ha ob• California, and that attached Notice is a ta7rteD*Wff ni of c the iJepartmetH Of Public Works. 2000 main Street. true and complete copy as was printed Ht'"""°t"' Belpf Ga=%.. nia upon I of of a 0. and published in the Huntington Beach `Each biid`a~tla°IS be made and Fountain Valley issues of said on manner the a�aed t° the Contract docunwra. newspaper to wit the issue(s) of: and " bet accompanied by a certified or cashlef'e check cc a bid bond for not less then 10% of the amouiv of the bid. mods payable to the Gry of Hun. firryton Beach. The Con- tractor Shall. In the tar- t°rmame of ltta work am September 24, 29, 1994 ins°�code`c mthe State of C"fomla and ottt« taws of the State of California applicable thereto. With the axeeptWn only of sups variations that I declare, under penalty of perjury, that aftStATUft p�"the 10 which the foregoing is true and correct. d e taken nand which have not been superseded by tfte provistons of the Labor Code. Prat«once to tabor Shalt be W"n°nty In Executed on Se tenber 29 , 199 4 the ""n1e` Provided �` Ho bid ehaf be consid- at Costa mesa, California. t►� by fk Cl of Huntington Beach and Is made In accordance with the provisions of the pro- posal repuirernertts. 69ch bidder mutt be li- censed and alb° prequali. Red as required by law. The City Council of the City of Huntington Beach reserves the right to raject any or all bids. By order of the Crry Court.. Signature Cif of the C�tv°t Hu lln= Beach. Ca G ah;a the hh of Sept.1994. Connie Brockway, City Clark of the City of Huntington Beach Published Huntington Seach-Fountain Valley tr► dependent September 24. 29.199d. 094-226 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange ) PUBLIC NOTICE NOTICE I aryl a Citizen of the United States and a IMMING Bros resident of the County aforesaid; I am Cs Kw given Notice b fter.b hr that sealed bids wf be re• Hun- over the age of eighteen ears, and not a wed by�,e city of Hwo- g 1 w�Qton Beach at the afte non Ctty 0" at City party to or interested in the below Hatl. 2W Main Street, entitled matter. I am a principal clerk of n1s.Huntington the �'f" rite, until the Aou►'of 2--00 P to and road aloud puts the HUNTINGTON BEACH INDEPENDENT, a , „ f„ Me newspaper of general circulation, printed Pal JWCe,�or'�tee`G of HuMktgton 0090 and published in the City of Huntington A .et d plan.. .petiflca Beach, County of Orange, State of ocu ��'�` to ob- dtxumartt. etayy be ob- tained on Sept 21.f994,at California, and that attached Notice is a pods�an Stream Huntington Beach. Calltor- true and complete copy as was printed on�r�o;o� and published in the Huntington Beach Each bid .hall be misde on the Proposal Fonri and and Fountain Valley issues of said In " «tam provided In Me comract documents, ied newspaper to wit the issue(s) of: 'n° 'car be caggers byy a certified a 6ailtler'. cltecR or a bid bond for not less than 10% of the amount of the bid, made payable to the Chy Of Hurt tington Beach. 1'}» Con- vactor sha4 In the per- formance of vie worts and [mprovernents. conform to septenber 24, 29, 1994 the Labor Code of the State of California and other laws of the State of California applicable thereto. with the exception only of suds vtulations that rsq.*Oa under the declare, under penalty of perjury, that spycia�i erstiin- the foregoing is true and correct. der a taken hwhich dw we taken and which have not been superseded by the provisions of am Labor Code. Prelaroncs to labor&has be given Only in Me fawn provided by Executed on September 29 , 199_�. Ho bid .haws at Costa Mesa, California. m furm„d byt; CRY of HuntuVon Beach and Is made In accordance with the provisions of the pro- WSW nqulrements. II Each bidder must be II- lcsnsad and also prequall• fled as required by law. The City Cotrna7 0l the City or kunungton Beach resrtrvas the right to reject any or au bids. dz—d A�� By order of the City Coum cil of the City Of HuntlrbGron Signature Beach, California the 20th of Sept.1994_ Connie Brockway, City Clerk of the Clty of Huntington Beach Published Huntington Beach-Fountain valloy ln• dependent September 24. 29,1994_ 094-226 Received Bi W nds Dated BID LIST WEDNESDAY, OCTOBER 5, 1994 CC-753 MUNICIPAL ART CENTER ENGINEER'S ESTIMATE: $225,000 PROJECT ENGINEER: RANDY HUTTENBERGER BIDDER'S NAME TOTAL BID AMOUNT RANK 1. C-Dad Inc. 2. Chaarani and Associates 3. General Construction Services I . 4. Lynch Construction Inc. 5. Midland Construction Co. 6. Old Hickory Construction 7. Team Construction 0 D S. United Builders 67n, O 9. Varkel Construction 3 O 10. 11. BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, GENERAL CONSTRUCTION SERVICES, INC. (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona,and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF THE AMOUNT OF TIIE ACCOMPANYING BID--------------- Dollars ($ 10% OF BID--------Tlawful money of the United States of America, for the payment of which,well and truly to be made,we hereby bind ourselves and our heirs and each of our successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,WHEREAS,the above bounden Principal as aforesaid, .s about to hand in and submit the Obligee a bid or proposal for the "COMPLETION OF THE MUNICIPAL ARTS CENTER" in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void; otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 4TH day of OCTOBER . 19 94 GENERAL ONST ION SERVICES, INC. 1 13 0'�� WASHI N l T ION ANCE COMPANY 8 ICHAEL A UI Y Attorney—in—Fact 5 FAJ E OF CALIFORNIA SS. COUNTY OF ORANGE oil OCTOBER 4, 1994 , before me, J. JORNSTON PERSONALLY APPEARED MICHAEL A. PUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nalne(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ J- JOHNSTON a her/their authorized capacily(ies), and that by his/her/ COMM #1007524 • x Notary t'ut)Iic Calitornra their signature(s) o)) the instrument the person(s), or the of N • ORANGE COUNTY entity upon behalf of which the person(s) acted, executed Q ` MY Commission DO- 1o122197 the instrument. WITNESS my hand and official seal. Sig l This:area for Official Notarrat Scat OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying 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 nTLEISr ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NwE of r'EnsoNrsIonENTiTYpES) -- -- ----- SIGNEn(S)OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT 0IINGIUN INIERNAIJUNAL IN". ANCE COMPANY PLATER OF ATTORNEY tMryW ALL NEN BY THESE PRESENISt That the Washington International Insurance Comapny, a corporation organized and existing under the laws of the State of Arizona, and having Its principal office In the village of Schatanburg, Illinois does hereby constitute and appoint JENNIFER JOFINSTON AND HICKM I A. OUIGLET EACH IN THEIR SEPARATE CAPACITY Its true and lawful atto►ney(s)-in-fact to execute, seat and deliver for and on its behalf as surety, any and all bonds and u.-lertakingc, recognizanees, contracts of Indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrunentm in pure„ante of these presents, shalt be as binding upon the said Washington international Insurance Company as fully and amply, to all intents and purposes, as if the some has been duly executed and acknowledged by its President and its principal office. 111is Power of Attorney shall be limited In amount to 9Z,000,000.00 for any single obligation. lhit Power of Attorney is Issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22. 17:R, July 3, 1980 and October 21, 1986 which read, In part, as follows: 1. the President may designate Attortleys•in-Tact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of Tndemrllty and other writings obligatory on the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any pow.r•ot- n%torney issued In pursuant to this section and/or arty of the BY-Laws of the Company, and to remove, at any time, any such Attrirley• i11•Fnct or Special Attorney-in•Fect and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, vice President, Assistant Secretary, lre.1curer mKI Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or uldertakirlg 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 IESiIrK)NT WHEeff[nm ��he Washington international Insurance Company has caused this Instrument to be signed and its corporate seat to be a h112, by iitr uthorIzed officer, this Ist day of January, 1994. ��N(1 iOtYA( i q IGION ViE NAIIONAL INSURANCE COFLPANY �A L •. - A Lrsorr, vice President SiAIE OF I NA•. �` COUNTY OFr`CI70k)11III1111t� On this 1st day of January, 1994, before me came the Individual who executed the preceding instrument, to me personally know, 2r,rl, being by me duly sworn, sold that he is the therein described and authorized officer of the Washington International irmurar+ce LonTtany; that the seal affixed to said instrument is the Corporate Seal of said Company; IN IFSiINaNY_"WR EtY►rl' a--��'��t se hand and affixed my Official Seal, the day and year first above written. 11ofeICIAFi� SE1�C ` CHRISTINE IARETSKY I (� - (� � Holarir pablit, Slate of 111rnoil �1�• fistine Zaretsky, H nary Pu� is My Cornmltion E:p1e1 }fl 7-96 y Contoission E�Cpires ctober , 1996 �.�r l J`.j 1.��`•r�/•.l J CE*TIFICl1E STATE Of iLLINOIS) COUNTY OF COOK) 1, the undersigned, Secretary of itASHINGIOM INTERNATIONAL INSURANCE CCITANT, an ARIZONA Corporation, DO "EXERT MTIFY 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-Lows of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney. are new ir1 force. Signed and seated In the County of Cook. Dated the �T11 day of 0GIVIBER 19 94 Lewis H. Moeller, Secretary • BOND# 5--B PREMIUM-NIL DID OR PROPOSAL SO= XNOW ALL MEN SY THESE PRESENTS: That we, UNITED BUILDERS (hereinafter called the Principal) , as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% } lawful money of the United States of America, for the payment of which well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the COMPLETION OF THE MUNICIPAL ARTS CENTER in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void: otherwise to be and remain in full force and effect. IN WITNESS WHBRROF, said Principal and said Surety have caused these presents to be duly signed and sealed this 28TH _ day of SEPTEMBER , 19 94 UNITED 1AILDEW By 046'11�CdAo_a WASHINGTON INTERNATIONAL INSURANCE ON2ANY Hy -k BDB 600201 DIANA LASKOWSKI ATTORNEY-IN-FACT General WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the Washington International Insurance Commpany,o corporation organized and existing under the lags of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois, does hereby constitu:e and appoint • ' KAREN CHANDLER, DAVID L. CULBERTSON. LINDA L. CULBERTSON, • • CHARLES L. FLAKE, DIANA LASKOWSKI AND LEXIE SHERWOOD ` ` its true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington. international Insurance Company as fully and amply, to alt intents and purposes, as if the same has been duly executed and acknowledged by its President at its principal office. This Power of Attorney shalt be limited in amount to $2,000,000.00 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, 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, and undertakings, recognizences, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys•in-Fact, who are hereby authorized to certify to 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 hime.r 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 cowpony. IN TESTIMONY WNEREO 'on International Insurance ny has caused this instrument to be signed and its corporate seat to�e�J a �t �y juthorized offi er, thi 0 h day of November, 1992. o ,s\ :• •.GIG + TON IN ER TIONAL INSURANCE COMPANY CORPORAi E=' E A • ` 5 c rson, Vice President • 40 aRIZONA ohs STATE OF ILLINC ' i •••a� + d * � � COUNTY OF COOK ]k 4r On this 30th day of November, 1992, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly 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; IN TESTIMONY WHEREOF, I have hereunto set any hand and affixed my Official Seal, the day and year first above written. "OFFICIAL SEAL" CHMSTINE ZARETSKY 5 1c t t is[ine Zerets Notary Dut;llc (`) Notary h5riic. State of 115nois ) My commission E i res October xt, 1996 My Comm-31ia6 Expiras 10.7.96 11 1 CATE STATE OF ILLINOIS ) COUNTY OF COOK ) 1, the undersigned, Secretary of WASHINGTON 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 Ili, 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 forte. Signed and seated in the County of Cook. Dated t11 281H dof SF, 1994 Lewis M. Moeller, Secretary INTERCARGO INSURANCE COMPANY 1450 East American Lane a 20th Floor ,M Schaumburg, Illinois 60173-5458 1-800-394-3924 L805--00109 eO"D"O- PUBLIC WORKS BID BOND KNOW ALL MEN BY THESE PRESENTS, That we llnsert the full name and address of the principal belowl hereinafter referred to Team Construction Management as Principal. 221 Main Street,Huntington Beach, Ca 92648 and INTERCARGO INSURANCE COMPANY, a corporation, hereinafter referred to as Surety, organized and existing under the laws of the State of Illinois and authorized to do business in the State of California , are held and firmly bound unto (insert the full name and address of the Obligee below) hereinafter referred to City of Huntington Beach as obligee. 2000 Main Street, Huntington Beach, CA 92648 in the penal sum of (10%) of the amount of the Bid, not to exceed Thirty Thousand And 00/100'fs Dollars (S ***$30,000.00 ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors and Assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for llnsert protect deacnption end location below) Complete Construction of Huntington Beach Art Center Location :Huntington Beach,California NOW,THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond. with surety acceptable to the obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated this 5th day of October , 19 94 [Saald apWeabre/ _.-_Team Construction Management (Pant or type name of pnncipal) By- 4� (witness) [ gnature of repnasnuLve) Je S?rgsrytc,. Pctr kiry- - ! (Type naffie arid title) �tff_fOR'ri r� =. SEAI. INTFRCARGO INSU N CO litaidss By: (Witnessl (A amey-in•fact) Michael Anthony (Name typed) IMBOL-4 171931 V01D IF NOT USED BY: INTERCARGO INSURAIM COMPANY 1450 East American Lan 0th Floor "it ,, Schaumburg, Illinois 60173-5458 No Power of Attorney on this form shall 1-800-394-3924 be valid as to bonds,undertakings, recognizances or other wrtnen obligations approval Code POWER N in the nature thereat executed on or she,said expiration date_ �1 w 1 F H w r N 1 1 LB0 5-001 09 PRINCIPAL Team Construction Management 221 Mail, Street, H Huntington Reach, Ca 92648 OBLIGEE City of Huntington Beach 2000 :'lain Street Huntington Beach, CA 92648 DESCRIPTION &LOCATION OF OBLIGATION Complete Construction of Huntington 'Beach Art Center Location :Huntington Beach, C. PENAL SUM PRINCIPAL TAX ID. PROJECT 9 LIMITED POWER OF ATTORNEY To be used only in conjunction with the bond specified herein. This Power of Attorney may not be used in conjunction with any other Power of Attorney. This Power of Attorney is void if altered or erased. This Power of Attorney bears the numbered seal of INTERCARGO INSURANCE COMPANY. No representations or warranties regarding this Power of Attorney may be made by any person other than an authorized officer of INTERCARGO INSURANCE COMPANY, and must be in writing. Questions or inquiries regarding this Power of Attorney must be addressed to INTERCARGO INSURANCE COMPANY, Attention: Contract Bond Underwriting Department. This Power of Attorney shall be governed by the laws of the State of Illinois. KNOW ALL MEN BY THESE PRESENTS:That INTERCARGO INSURANCE COMPANY,a corporation organized and existing by virtue of the laws of the State of Illinois does hereby nominate, constitute and appoint: Michael Anthony its true and lawful Attorney-in-fact to make,execute,attest, seal and deliver for and on its behalf, as surety,and as its act and deed, where required, any and all bonds, undertakings, rccognizances and written obligations in the nature thereof, as follows. Bid Bonds u to S3W," L"cense & Permit and Miscellaneous bonds up to E500,(M Performance Court Bonds &Paya�Bo 0, up to $1,400.WO.W Such bonds and undertakings,when duly cxccuted by the aforesaid Attorney-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. STATE OF ILLINOIS u. COUNTY OF COOK I, Kenneth J. Kranig, Sccrctary of the INTERCARGO INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company,and that I have compared same with the original and that it is a correct transcnpt therefrom and of the whole of the onginal and that the said Power of Attorney is still to full force and effect and has not been revoked- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at uhlin, Cali nrnia this 5th day of October 19 94 _ 4 SVLp S ECRETARY, CON-24Lt091931 CALIFORNIA ALL-PURPOS PACKNOWLEDGMENT No 5W State of CALIFORNIA County of UAMIEDA On 10/3/94 before me, SHARLENE B. FRANCO , DATE NAME.TITLE OF OFFICER-E.G..'jANE ME.NOTARY PUBLIC personally appeared Michael Anthony NAME(S)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 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 SHAKINE�97RµM10 person(s) acted, executed the instrument. NOTL Pu9uC• ORNA 101. " r"' D WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT nTUES1 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENnNG: NAME OF PERSON(S)OR ENMYCIES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•U36 Rim ml Ave..P.O.Boa 7184-CuwgA Park CA 91309-71 a4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.59o7 State of CALIFORNIA County of _ „ ORANGE On OCTOBER 1994 before me, , DATE NM4E,TITLE OF OFFICER-E G.'JA•NE DOE,NO7ARv PU6L1C personally appeared ,JEFF BERGSMA NAMFis)of SIGi:ER[$} personally known to me - OR - [$l proved to me on the basis of satisfactory evidence to be the person(s) whose name(Scil-Ne subscribed to the within instrument and ac- knowledged to me_ thalcg s� executed the same in is authorized capacity(-km), and that b hi signature(s) on the instrument the person(,@), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. CONSUELO TY ANCO •' Notor)r Pubric — C.v^ifs;;,i0 IGNATURE OF N07AY ORANGE COUNT-f ^� MV Comm ExA:re5 JUL 3. 1991 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 PUBLIC WORKS BID BOND TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: OCTOBE R 5, 1994 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EN7iTY(IES) — SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Rommel Ave..P.O_Box 7194•Canoga Park,CA 91 349-7184 ;.' IIA=- Am we s t • BOND NO.: 0393748 Amwest Surety Insurance Company WWOLAND HILLS, CALIFORNIA PREMIUM: N/A BID DATE: 10/5/94 PUBLIC WORKS BID BOND Know all men by these presents: That we, CHAARANI & ASSOCIATES INC. (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety). organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALIFORNIA CITY OF HUNTINGTON BEACH as Surety, are held and firmly bound unto (hereinafter called Obligee) in the penal sum of TEN percent (1 0%) of the bid amount, but in no event to exceed THIRTY—THREE THOUSAND SEVEN HUNDRED FIFTY E 00/100 Dollars (S 33 750.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for COMPLETION OF THE ARTS CENTER NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void, otherwise to remain in full force and effect. 4TH OCTOBER 94 SIGNED, SEALED AND DATED THIS DAY OF 19 CHAARANI & ASSOCIATES, INC. (Pnrd or"name o1 PmppaJl- c (Sgnanro of PrvlGpan AMWEST SURETY INSURANC MPANY By:. GA Anorney-in-Fact 10 Uh3-A7017{3901!1 CALIFORNIA ALL-PURP04CKNOWLEDGMENT No_s9o� State of CALIFORNIA County of SAN BERNARDINO On I0/4/94 before me, TAMPA PONTI, NOTARY PUBLIC , DATE NAME,TM E OF OFFICER.E.G..-."E OCE.NOTARY PUBLIC• personally appeared PHILIP E. VEGA NAME(S)OF SJGNERISI ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(* whose name6W is/i�tW subscribed to the within instrument and ac- knowledged to me that he/064W executed T TA1M A PON-n the same in his/JwedtI)ix authorized a 6,52s33 W No-rfAyF-Ueuc_C,ar,�otirrw r';` capacity(ies), and that by hisl �4a( JP,iR a � ORANGE COUNTY � signature(g) on the instrument the person(G), WYCOMMISsiortExpiras,bn t4, t9g6 or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. _Sj OL M fl CIL P-CM:i� - SIG-WTURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACKED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BID BOND TITLE OR TYPE OF DOCUMENT TTn.E(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 10/4/94 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PER50t*S)OR ENTTTY(IES) AMWEST SURETY INS. CO. SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P_O.Box 7194•Canogi PaA4 CA W309.7184 LA Ha NAM acimmEM 03 11i �g:l (11 " IN" _ - =I i°cm�i°n�c�°o°O000QOQnUglD=n>0000aoonQQmm=omEICMCM000cc 1M13MI no MM[3000QQQQQQ1313C= 4.Q000000a0000000000A 00000000130ooQQ MO S000013093000130000013 , J000QQ0nnO00Q0QOQQQ 1OQaQ]3QaoO0QOaaQQO103 LUI =00OUa1 dQQQ .�bU[Mad0 DQ>dQddlS�dOd adQ� ana00n0�ir�00n0oaoano jQO,:.oi4an�ama�Qa�a000aQaQflaaaszr�csnOQaaaflnnaooQQOnrtac�oaoaoa0001;0a000r�oaonr,I�aoaQQ�c�aQa r r.---.�.- -,�.�,fir.•. n^rGt +�C`CJ:C��CO+h?'vi' �4�COOOSOOC�^o-} r IOC/�r}00��cQ�JC'C'COL` vor V/1L I"U vFOR iiC3NDS EXECUTED ON OR AFTER POWER .I1•rrtl:rt 4, 9-oa=9s 0393748 "S6 fits The Lyl �. 11 s document is printed on multicolored security paper with black and red ink,with border in blue ink and bears the raised r �y seal of Amwest Surety Insurance Company(the-Company").Only unaltered onginals of this Power of Attorney arc valid.'Isis Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used in conjunction with any other power of attorney.No representations or warranties regarding this Power of Attorney may be made by any person.This Power of Attorney is governed by the laws of the State of California.Any power of attorney used In connection with any bond issued by the Company must be on this form and no other form shall have force or effect. Y KNOW ALI. MFN BY 'I'I-IFSF, PRFSFNTS. that Amx.es[ Surety Insurance Company, a California ), cicfcs serest maku, constitute and aplxiint= 9 PHILIP E. VEGA p JAY P. FREEMAN AS EMPLOYEES OF AVERBECK INSURANCE BROKERS X Y �� r It,,, tnic and LMI'Lli Attornry-in-Fart. t\ith limited power and authority for and on hchalf of the Company as surety to e.Xecutr, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, 0 r 'c wniz-ances or other wrilten obligations in the nature thereof a, follox•s: , d Bonds up to $***--500,000 .00 1 �Q$$ ' Contract (Performance & Payment ), Court , Subdivision $**1,000,000.Q License & Permit Bonds up to S*****10,000 .00 �? ;r Miscellaneous Bonds up to $=*T*Y10, 000. 00 1 � x L QQ r - 130 w a � and to hind the Company thrre}n•. This appointment is made under :utd hN• authonty of the By-Lavvs of t}1e n LComlxtnv. which are now in full force :and effect aMRO CERTIFICATE a113 1=33 OQQ .1=0 I. Ilse undrrsrgnrd srcrct:tn• of Anntcsi tiurcn_• Insurance Company. a California corporltton, OQOQ 5� G7 1)0 HFREBY CERTIFY that [his y Power of Attc7rttc' rviimins in full force and effect and has not hcen revoked X $$$Q� and tun] c'rmorc. th.it the resolutions of the lio,trd of Directors tier forth on the rcverse. :IIId Ihat the rdCvant QQ0 provisions of the 13t'-E,ns-, of the Company- are not\- in full force and elect. � O� - S y `` 0393748 4TH OCTOBER 94 O *Wsob E3ond rnI111her SLgricd .nxl �cAt:d thiN day' of 19 4 O o oa°a0nao 00 O OpOoo naaa°a0000�0 0 00 03 93 74 8 — 5 b nmQ13113 3 70044�a: Q4p F 9 5-26 78 39 2 ONTA 155 I q �t)'.F Q G't`S�0 Karen G. COW() " %rcr.In_' a• QOOg� manna tG .• v—RfO'� C':w•. _nnuaL,r,r �'u�GK}64Gi•�ti0 �''00 Li ma O�soq�00 Pa. Q B $ Q000pa�o¢pvo0o000 ORON � C5 O O dtsoao p ►.. m$ $aa�a 013HIM BID OR PROPOSAL BOND GENERA INSURANCE COMPANY OF 41,WRIC4 GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AAAERICA SAFEM O HOK* OFFICE; SAFECO PLAZA SEATTLE.wASnrNGTON 94185 Bond KNOW ALL BY THESE PRESENTS,That we, VARKEL CONSTRUCTION, INC. of LAGUNA HILLS, CALIFORNIA (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCEAMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, herein called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID---- Dollars(S 10% OF BID----------) or the payment of which the Principaland the Surety bind themselves, eir heirs. executors,administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED and SEALED this 4TH day of OCTOBER 19 94 THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for "COIMPLETION OF MUNICIPAL ARTS CENTER" NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified,enter into the contract in writing, and give bond,if bond be required, with surety acceptable to the Obliges for the faithful perform', of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. VARKEL CON RIiC Principal 0 FI O NY OF AMERICA y P C AEL A. UIGLEY, Attorney-in-Fact 0" RepistRraa tfa0amrk of SAFECO Corporation. $-1129fEP W92 PRINTED IN U.SA. AFA-1-E or CALIFORNLA - - --- -COUNIY OF ORANGE SS. oil OCTOBER 4, 1994 , before me, J. JOWISTON _ PERSONALLY APPEARED NLCI[AEL A. QUIGI.EY _ _ personally kriown to rile (or proved to me on the basis of satisfactory evidence) to be the person(s) whose m me(s) is/are subscribed to the within instrument and acknowl- edged to me that lie/she/they executed the same in his/ J. JOHNSTQN COMM. #1007524 D her/their authorized capacity(ies), and that by his/her/ Notary public Calitornia their signature(s) on the instni-went the person(s), or the ccV{�� ORANGE COUNTY entity upon belialf of which Uie person(s) acted, executed my Cc:nmission Exp. 10/22/97 the instrument. WITNESS my hand and official seal. Signa ur This arra for Official Notarial Still OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent t,audutent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT TS INDIVIDUAL CORPORATE OFFICER �--� TITLE OR TYPE OF DOCUMENT h rLE[sl ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: � ',o\4.\q 4- -- ATE OF 1Vt SIGNER IS REPRESENTING: _ r+AmE OF r'EnsotgSr on frrrrrrnES) 114 --- - - - ----- - - - -- SI NER(S)OTHEri THAN NAME}ABOVE ALL-PURPOSE ACKNOWLEDGEMENT FIRST NATIONAL POWER OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA ATTORNEY S333 BROTLE.W S NGTAVE N SEATTLE.wASFtINGTON 99105 INSURANCE COM?ANY OF AMERICA No. 9589 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a wastungton corporation, does hereby appoint r011vim maim"NuamaMIC1-IAEL A. QUIGLEY. Aliso Viejo, CaIifornIammmmXm'ff Bog 'y' its true and lawful allorney(s)-in-fact. with full authority to execute on behalf of the Company fidelity and surety bonds or undertakings and other documents of a sirmilar character issued by the company in the course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as If such instruments had been duly executed by its regularly elected officers at its name office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested These presents INS 15t h day of November 1993 CERTIFICATE Extract from the By-Laws Of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY APO SURETY BCNOS . . . the President. any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by The Officer in charge Of surety operations. shalt each have authority to appoint Individuals as attorneys-in-fact or under other appropriate titles with authority To execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in The Course of itS business . . . On any instrument making or evidencing such appointment, the signatures riun be affixed by facsmie. On any instrument Conferring Such authority or on any bond Or undertaking of the company, the Seal. or a facsimile thereof. may be impressed or affixed or in any other manner reproduced: provided. however. that the seat shall not be necessary to the validity of any such inSlrlment or undertaking,- Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by The Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the BV-laws. and (Ii) A copy Of the power-of-attorney appointment, executed pursuant thereto. and 00 Certifying that said power-of-attorney appointment is In full force and effect. the signature of the certifying officer may be by facsi rule. and the seal Of the Company may be a facsimile thereof., I. A. A. Pierson. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation. and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto Sol my hand and affixed the facsimile seat of said corporation Iris 4TH day of OCTOBER 19 94 S-10401EP 1/93 SECTION B • INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids_ The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. • 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered_ Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided_ In the case of refusal or failure to enter into said contract, the check or bond, as the case mav_ be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given, and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. • B-1 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: • "SEALED BID" for Completion of The Municipal Arts Center in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents_ Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders_ • 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section ' I0164 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. • B-2 SECTION C • PROPOSAL for the Completion of The Municipal Arts Center 538 Main Street CASH CONTRACT No. 753 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary 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 60 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 R1GHT TO DELETE ANY ITEM FROM THE CONTRACT_ It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc_, and will be guaranteed for a period of sixty days from the bid opening date_ If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. • C-1 PROJECT BID SCHEDULE 1 Cen�,tct m per Gb d loam -so"of wow" Y �60�Cbp•t� E(o0 OCA oL� Ls o s s Per Ls A-1 I Abwmft/1-UOM•MMJ4andT7 L9 {4 Tiny t loa•oo s "loo-oou po can Per LS A+s t Amtaur 02-LKWW-m=aw god W LS 0 Dot_A6s&4a „Siu J,v��tl�, 5,14 DOUM ! t [&0.00 ►�LZ—, c w Per LS u 8, s B,k&s 0 0 Cents Aet LS A-4 I _ /4-TMZ-Do=P-i and Q4 IS M - 6mW1 -�a��c DOLUM s 7D.0v s a Zc. Leo _ can. Pat LS A.s 1 AMMW tS-PAi LWO-tip Q•7 W T4 odium ! 3� oo.ocs s l 3� 00 O 0 Cobb Ibt ES A-6 1 AnWMM 06-nUIMWO-Aran T•a Ls 1��-f ,�,. o �uo{�d, uix s a aBo 0o s Pa Ls A-7 I AhMEMO 07-MM4N AL-Iran T-6 LS L)dbn s s s a� ►�o cam, Mot Ls Total Apt kW in 3 111 i01.0 00 TaW Aaumc Rid is words: —4 sib • c-la T 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. Accompanyingthis proposal of bid, find ;4 6n of in the amount of$ 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) Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature I 5- Z7- 4- 2 -2y- 9�- C-z BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �eG+fr1 �,IL�TI��,r1��✓1 MUD r l'IArn� -- Bidder Name yak to c Business Address City, 0 State Zip 11 Z(o Telephone Number State Contractor's License No. and Class S—zc� -53 Original Date Issued 5-Z6 -95 Expiration Date The work site was inspected by of our office on -Z� , 1994-- The following are persons, firms, and corporations having a principal interest in this proposal= .Tr4 t�x►�s r� - +c, r M,C4 Cj rtin ric+, C-9 The undersigned is prepared to satisfy the Council of the City of HuntinSnon Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth liu�nn �n riu�rwlC� Company Name Si at ef tf r 4 Y I S�ritn. Printed or Typed Signature Subscribed and sworn to before me this � day of >r , 199-4— NOTARY PUBLIC NOTARYSEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. • Name and Address of Public Agency Name and Telephone No of Project Manager- Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: • Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na 5907 State of CALIFORNIA— County of ORANGE On OcToBER 5. 1994 � before me, _ CONSuELO 1YANIITARY PIIRLI(-- , DATE NAME-TITLE OF OFFICER.E G.-JANE DOE.NOTARY PUBLIC' personally appeared JEFF BERGSMA , NAMES)Of SIGNER(S) (personally known to me - OR - EX 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 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. F. cO1vSUELOTYANCOG WITNESS my hand and official seal. COMM_•1031789 k Notary Public— CoM mio ORANGE COUNiv My Comm_Elmces!JL 3. 1 M SIGN A4RE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form_ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER BIDDERfS INFORMATION �— TITLE OR TYPE OF DOCUMENT TME(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL _ ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER_ — riringrp 5. 1994-- DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSOIAS)OR ENTITY(IES) — -- — SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmel Ave..P O.Box 7184•Canoga Park.CA 913D9-7184 LIST OF SUBCONTRACTORS In accordance with Goverment Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number ,Ia�iCZ Pock r k e. Q. QA)on C& + VraoM � kkm\: phh fr 011t z 5S 4. 518 C-3& �' rcI\CoAf cy PU 402-6 SG, S d-.cis C- 9010,70 5(A`138 CCQ' St 1rov� '` S iMQ Io ? a 2$ I5} Sf (4 D 214- i(a C S 1 C #I q. 15�4jt Gov ��S�hwbes S . old 1kh. Au1eA GIlct S2r>�0¢1 C. IS �y,�b1�a51; Sic CA14 otc'h w� "L��3 S 6101 ,C"S3 so w. w r vfr v c_Ss N•ry. Gkt"s So55�7 C 1-1 G(aZi i1"1 Z r �_ n9; r rA. wA By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. • 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 7e4 , being first duly sworn, deposes and says that he or she is �fyvtscdr of the party making the foregoing bid that the bid is not made in the interest of, or on t e behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true: and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or . to any member or agent thereof to effectuate a collusive or sham bid. 1fC4M (Qn4W10n_ M(jW.A5Cjd4A Name of Bidder 0'Y'L, Si a Address of Bidder Subscribed and sworn to before me this day of _ , 199 . NOTARY PUBLIC • NOTARYSEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALIFORNIA County of ORANGE On OCTOBER 5, 1994 before me, �CONSUELo Ty ANcnr, anTARY Pit. RI__LC_, DATE NAME.TITLE OF OFFICER-E-G.'JANE DOE.NOTARY PU©LIC- personally appeared JEFF BERGsmA NAME(S)OF SIGNERIS) ® personally known to me - OR - N7 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 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. cONSUEtOryaPT^a- WITNESS my hand and official seal. COYM.f IOL3178Q z z � � Notary PubIIC—CoI i��., b OPANGE COUNT My Comm_t xpifes JUL 3. ICG9 IGNATLRE OF ARY 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 VINDIVIDUAL ❑ CORPORATE OFFICER NoNCoLLUS I ON AFF I DAVI T TITLE OR TYPE OF DOCUMENT TTRE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL I _ ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: OCTOBER 5, 1994 _ --- - - DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEFtSONIS)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE - ---- - --- --- 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Avo_,P-O-Boa 7t84•Canoga Park.CA 91309.7184 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 the Completion of The Municipal Arts Center, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved" The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein :L.,� (�.,--�rur�i��. �fVlr. �• n� Contractor By Pr cr Title Date: (0, C-5 • DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of penury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ;�No If the answer is yes, explain the circumstances in the space provided Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire_ C-6 i COMPENSATION INSURANCE CERTIFICATE • Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 1 eG w► f,r�4-hruc�io�► {�c,uscct wU►�" Contractor 0441-1 By/// (:: Gtr1(fdo Par-6, Title • Date- (0- 5-5 • C-7 s UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER • (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation_ Dig Alert Identification Number: Contractor • By Title Date- Note: This form is required for every Dig Alert Identification Number issued by U.S.A. • during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C,8 i !l111�M15l1!!'[�!N 1 im'OM�lI CA WAS 9 , Erg � w(-I).- cap � l C Len ()vv crty a n w �rr- t�-&H 4 riDo ti y �i J i • • T City of_Huntington_Beach. _ Project Name: Municipal Arts Center J J Public Works Department Bid Openning: October 5, 1994 @ 2:00 pm 2000 Main Street, P.O. Box 190 Engineers Estimate: $224,95o oo Huntington Beach, CA 92648 Cash Contract # : 753 BID SUMMARY Team Construction Varkel Construction Chaarani&Associates United Builders Bidder 1 Bidder 2 Bidder 3 Bidder 4 Item Contract Unit Unit Unit Unit No. Description Quantity Unit Price Amount Price Amount Price Amount Price Amount 1 Completion per Contract documents 8"Scope of Worle' 1 LS $160,000.00 J $160,000.00 $193,480 OD $193,480.00 $217,000 00 $217,000.00 $250,DOD.DO $250.000.00 Ai Alternate#1 - DOORS-Items J-2 and T-7 1 LS . S7DO.00 $700 00 5350.OD 5350 00 5350 00 $350.00 S5,0D0.0D $5,000.00 AZ Alternate#2- LIGHTING-hems N-3 and 0-5 1 LS $1,660.00 $1.660.00 $4,200 00 $4,20000 $3,900 00 , $3.900.00 $10,000.00 S10,00D.D0 3 Attemate#3-LIGHTING-hem Z-5a 1 LS $8,400.00 S8,40000 $1,8W D0 $1,80000 $11,000 DO i $11,000.00 S15,DD0.00 $15.000.00 4 Alternate#4-TILE- hems P-6 and O-6 1 LS $2,820.00 $2,820 00 S3,600 00 $3,600 00 $4,200 DO + $4,200 00 S12,DOD,OD $12,000 00 A5 Alternate#5-PAINTING- Items 0-7 and T-8 1 LS $1,300.00 $1,30D 00 $4,60D.00 $4,800.00 St,800 00 $1.800 00 S5,ODO,DD $5,000 00 A6 Alternate#6-PLUMBING- hem T-5 1 LS _ $2,280,00 $2,2W 00 $1,6W,00 $1,6W.00 $1,250 00 $1,250.00 S4,D00,00 $4,000 00 A7 Alernate#7-MECHANICAL- hem T-6 1 LS $50o.00 S5W 00 5650.00 5850 00 5600 DO S60O.00 S5.DOO,DO $5.000 Do 9 0 0 0 $0.00 $0 00 $D DO $0 00 $0 00 $0 00 $0.00 $O DO 10 0 0 0 $0.00 $0.00 $O DO $0 00 $0 00 { $0 00 $0.00 $0 00 11 0 0 0 $0.00 $0.00 $O DO $0 00 SO.OD SO 00 $0.00 $0.00 12 0 0 0 $0.00 $0.00 $0 00 $0 00 $0.00 $0 00 $0.00 $0.00 13 0 0 0 $0.00 $0.00 SOW $0.00 $0,00 $0.00 $0.00 $0.00 14 0 0 0 $0.00 $0.00 $0 00 $0 OD $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 SO.oo $0.00 $0 00 $0 00 $0.00 $0.00 $0.00 $0.00 17 0 0 D $0.00 SD 00 $0.0D $O 00 $0.00 $0 DO $0.00 $0.00 18 0 0 0 $0.00 $0.00 SO 00 $0 00 $0.00 $O 00 $0.00 $0.00 19 0 0 0 $0.00 $0 00 $0 00 1 $0 00 $0.00 so.Do $0 00 $0.00 0 0 0 0 $0.00 $0.00 $0 DO $0 00 $0.00 $0.00 SO 00 $0 00 1 0 0 0 $0.00 $0.00 So.00 $0 00 $0.00 $0.00 $0 00 $000 22 0 0 0 $0.00 $0.00 $0.00 3000 $0.001 $0.00 $0.00 $0 DO 23 0 0 0 $0.00 $0.00 $0.00 - $0 00 $0.00 $0.00 $0 00 $0 00 24 0 0 0 $0.00 $0.00 $0.D0 $0 00 S0.00 SO.00 $0 00 WOD 25 0 0 0 $0.00 $0.00 $0.00 ;. $o 0o $0.00 $0.00 $0.00 $0.00 26 0 0 0 $0.00 $0.00 $0.00 + $0.00 S0 00 $0.00 $0.00 $0.00 27 0 0 0 $0.00 $0.00 $0.00 ; $0 00 $0.00 $0.00 $0.00 $0.00 28 0 0 0 S0.00 $0.00 S0,00 : $0 00 $0 00 S0.D0 $0.00 $0.00 29 0 0 D $0.00 $0.00 So.Do $0.00 $0.00 $0.00 $0.00 i $0.00 30 0 0 0 $0.00 $0.00 50.00 ; $0 00 $0 00 $0.00 $0.00 j $0 D0- Total Bid: 3177.660.00 $210,680.00 S240,100.00 S306,o0o.0o •.; City of Huntington Beach Project Name: Municipal Arts Center. Public works Department Bid Openning: October 5, 1994 @ 2:00 pm 2000 Main Street, P.O. Box 190 Engineer's Estimate: $224.9W 00 Huntington Beach, CA 92648 Cash Contract# : 753 BID SUMMARY General Construction Srvs Company 6 Company 7 Company 8 Bidder 5 Bidder 6 Bidder 7 Bidder 8 stern Contract Unit Unit unit. Unit No. Description Quantity Unit Pace' : Amount Pike AMount: Price Amount Price Amount 1 Completion per Contract documents&"Scope of Work" 1 LS $277,517.00 $277,617.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0 00 Al Alternate#1 -DOORS-Items J-2 and T-7 1 LS $2,10D.00 $2,100 00 $0.00 $0 00 $0 00 $0.00 $0.00 $0 00 r A2 Altemate 02-LIGHTING- Items N-3 and 0-5 1 LS S17,360.00 $17.360.00 $0.00 $0 00 $0 00 $O.OD 50.00 $0 00 00 3 Alternate#3-,LIGHTING- Item Z-5a 1 LS $2,8 .00 $2,80D 00 $0.00 $0 00 $0 00 $0.00 $0.00 $0.00 4 Alternate#4-TILE-Items P-6 and Q-6 1 LS $7.560.00 $7,560 00 $0.00 $O DD $0.00 $0.00 $0.00 $0 00 A5 Alternate#5-PAINTING-Items 0-7 and T-8 1 LS ; $1,710.00 $1,710 Do $0.00 $000 $0.00 $O.DD $0.00 $O DO A6 Alternate#6-PLUMBING-hem T-5 1 LS $2,900.00 $2,900 00 SO 00 $0 00 SO 00 $O.DD $0.00 $0.00 A7 Alternate#7-MECHANICAL- Item T-6 1 LS $3.850.00 S3,850 00 $0.00 $0 00 $0.DO $0.00 $0.00 $0,00 9 0 0 0 $0.00 $0 00 $0.00 $0 00 SOW $0.00 $0.00 S0.00 10 0 0 0 SO.OD $0 0o $O.oD so 00 $0.00 $0.00 $O.OD $0.00 11 0 0 0 $0.00 $0 00 $0.00 $0 0o $0.00 $0,00 $D 00 SO.00 12 0 0 1 O $0.00 $000 $0.00 Saoo SO,Oa I SODD $0,001 $0.00 13 0 0 i 0 $0.00 $0.00 $0.00 1 $0 00 $0.00 1 $0 00 S0,00 $0.00 14 0 0 0 $0.00 $0.00 SO.00 $0 00 S0.01) $0 00 $0.00 $0,0D 15 0 0 0 S4,00 $0.00 $0001 $0,00 $0.00 $0 00 $0.00 $0.00 16 0 0 0 ' $0.00 $0.00 $0.001 $0.00 S0.00 $0.DO $0 00 SO.OD 17 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 S0 00 $0.00 18 0 0 0 $0.00 S0.00 $0.00 $0.00 s0.00 $0 00 $0 00 $0,00 19 0 0 0 $0.00 s0.01) $0.00 $0.00 $0.00 $0 0D $O.DD $0,00 0 0 0 0 $0.00 $0.00 $0.00 $0.00 sO.OD SO 00 $0.00 $0.00 1 0 0 0 $0.00 $0.00 SO.OD $0.00 In M $0.00 $0.00 S0 00 22 0 0 0 $0.00 $0.00 S0.0D $O.DD $0.00 $0.00 S0.00 SO.00 23 0 0 0 $0,00 $0.00 $0.00 > $0.00 $0,00 # $0.00 $0.00 $0.00 24 0 0 0 S0o0 $0.00 saw $0.00 $0.00 $0.00 SO.00 $0.00 25 0 0 0 $0 00 S0,00 $0 00 $0 00 UDD 30.0D $0.00 Sow 26 0 0 o $0,00 ' $0.00 SO.OD $0,00 $0 00 sODD $0.00 $O.DO 27 0 0 0 $0.001 $0.00 $0,00 SO-OD $0 00 $0.00 $0.001 $0.00 28 0 0 0 $0.00 SO.OD S0 00 $0 00 $0.00 $0.00 SO-00 $0,00 29 0 0 1 0 3.000 $0.00 S0 00 $0.00 SO.OD I $0 00 SD 00 $0 00 !!!� 30 0 0 0 $0 00 $0 00 S0 00 $0 00 $0.00 i $0 00 SD 00 $0 06 Total Bid: $315,797.00 s0 00 $0 00 SO 00