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HomeMy WebLinkAboutWEEGER BROS, INC - 1999-06-07 (3)Southern California Tile, Marble & Terrazzo Compliance Committee Mcqr bz. 600-90 December 7, 2000 City of Huntington Beach 2000 Main St Second Fir Huntington Beach, CA 92649-2702 RE:New Fire Station No 6 (New) (S002447) IIMTINGTON BEACH, CA (Orange Co. )18590 Edwards St, 92648 .J Dear Sir. This is a formal request for information and documents on the above referenced contract. We are requesting the documents pursuant to the California Public Records act, Government Code 6250, and ET SEQ. The information includes the following: Names, address' and license number of the ceramic tile and terrazzo sub -contractor, the nature of their work, per public contract code sections 41004107 of the State of California Government Code. Please send the requested information to our office, at the above address. Pursuant to Government Code §6256, your response to this request is due with ten 0 0) days of the date of this letter. If you have any questions regarding this matter, please don't hesitate to phone my office. I look forward to your prompt response and thank you for your time. Since ely Yo , wren Dailey KD! ?1¢5v Cr fog {o aAl,3 c f�' Ct-� W MIP—o —U �. �Vl 556 No. Diamond Bar Blvd. Suite 201 Diamond Bar, Ca. 91765 Phone 909-396-5120 Fax 909-39"7D4 r-mail: bacl8ca deahhUr&nct ►_ 0 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder (IIIII lllll Illll IIIII IIIII IIIII IIIII IIIII Illll IIIII IIIIINO FEE 20000595265 09:09am 11 /03/00 110 73 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington_Beach, owner in fee, 2000-Main Street, -Huntington Beadh, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Weeger Brothers, Inc. who was the company thereon for doing the following work to -wit: CC-1084 — Edwards Fire Station No. 6 The project includes the general construction of Fire Station No. 6 — Edwards. That said work was completed October 16, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington. Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, October 16, 2000. That upon said contract Reliance Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 24th day of October, 2000. 45�r - -- City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 24th day of October, 2000. L6'f.�s%2G�i d�CG.ad City Clerk and ex-officio Clef of the City Council of the Ci of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk_ P.O. Box 190 Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 24. 2000 Gary Granville County Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, 45�1" oov' / Connie Brockway, CMG City Clerk CB.jh Enclosure: Notice of Completion — CC-1084 Fire Station No. 6 — Weeger Brothers, Inc. ITeTephons: 714536-5227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Weeger Brothers, Inc. who was the company thereon for doing the following work to -wit: CC-1084 — Edwards Fire Station No. 6 The project includes the general construction of Fire "Station No. 6 — Edwards. That said work was completed October 16, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City or Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, October 16, 2a00. That upon said contract Reliance Insurance Company was surety for the bond given by the said company as required by law. This document Is solely for the official business of the City of Huntington Beach, as contemplated under Govemment Code Section W03 and should be recorded free of charge. Dated at Huntington Beach, California, this 24t' day of October, 2000. -�- City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA } County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officlo 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 2e day of October, 2000. 7ZL�. �-Cd'Clltldvf City Clerk and ex-officio Cie of the City Council of the C" of Huntington Beach, Catifomia WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92548 Council/Agency Meeting Held: 16 -It - 00 Deferred/Continued to: Approved ❑ !ly Approved _ ❑ Denied W. City s Signature Council Meeting Date: October 16, 2000 Department ID Number: PW 00 096 [7 1 7-{ Lam+ _ C- .r.i CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION - r SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 7- SUBMITTED BY: RAY SILVER, City Administrator a� PREPARED BY: MICHAEL P. DOLDER, Fire Chief/information Systems Di ct ROBERT F. BEARDSLEY, Director of Public Work SUBJECT: ACCEPT THE CONSTRUCTION OF FIRE STATIO— EDWARDS; CC 1084, AND FILE NOTICE OF COMPLETION Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council accept the completed improvements for the construction of Fire Station No. 6 — Edwards, CC 1084, performed by Weeger Brothers, Inc., and authorize the City Clerk to file the Notice of Completion with the County Recorder's Office? Funding Source: The Holly-Seacliff Development Agreement, approved by Ordinance No. 3217, stipulated that the developer, PLC Land Company, shall fund this project. Funds were appropriated in account number E-CF-FR-302-6-31-00. The project will be funded entirely with developer fees from the PLC Land Company and will not include any City funds. Recommended Action: Motion To: Accept the completed general construction for Fire Station No. 6 — Edwards; CC 1084, at a cost of $2,576,345, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative _Action(s): None. C —3 REQUEST FOR COUNCIL ACTIN' MEETING DATE: DEPARTMENT ID NUMBER: PW 00-096 Analysis: On June 7, 1999, City Council awarded a contract to Weeger Brothers, Inc., to construct Fire Station No. 6 — Edwards, CC 1084, in the amount of $2,329,000. The adopted contract budget also included $233,000 to cover anticipated change orders. On June 5, 2000, City Council approved an additional $95,000 for change orders for a total construction budget of $2,657,000. The total Council approved budget for this project, including design, construction, permitting, supplemental expenses, etc., is $3,593,539. The construction contract with Weeger Brothers for Fire Station 6 - Edwards is complete pending completion of punchlist items. Therefore, the Director of Public Works and Fire Chieflinformation Systems Director recommend acceptance of the completed improvements and request that the Notice of Completion be filed by the City Clerk. The following is a summary of the project costs: 1. Contract Amount 2 Change Orders Council Aoproyed $2,329,000 5 328,000 Project Final Costs $2,329,000 $ 247,345 TOTAL $2,657,000 $ 2,576,345 A total of twelve (12) change orders were issued for the construction of Fire Station 6 — Edwards. They are detailed in Attachment 1. All other expenditures associated with this project are below approved budget amounts. Therefore, the entire project remains within the budget approved by the City Council. The contractor has submitted to the City a notice of potential claims due to delays and extra work in the amount of $55,000. While no formal resolution has been reached, City staff is continuing to discuss these claims with the contractor. A final resolution will not impact the recording of the Notice of Completion. The contractor may elect to submit the claim to an outside arbitrator or file a legal claim against the City. Environmental Status: Not applicable. Attachment(s): RCA Author. E. Cnarlonne fD00 013 Fire Station No. 6 - Notice of Completion -2- 1013100 3:40 PM �6./ ATTACHMENT #1 SEP.29.2000 7:26AM NO. 1807 P. 2 DUDEK & ASSOCIATES, INC. Office Memo #02 To: Eric Charlonne — City of Huntington Beach From: George Litzinger Date: September 28, 2000 Subject. Edwards Fire Station Project — Change Order Summary As requested here's a summary of the Change Orders and a brief description of the changes contained within each. Change Order 001, S5,027. This change order is comprised of the following changes: + COR #01—Added methane gas collection piping. Change Order NO2, S30,911. This change order is comprised of the following changes. • COR 402 — Changed to rigid conduit penetrating slab for methane barrier. • COR #03 — Added vent piping for methane system • COR #04 — Added structural R2 hold-downs for roof • COR #05 — Added rebar for grade beam Change Order #03, S5,401. This change order is comprised of the following changes: • COR 906 — Modified roof drag struts • COR 007 — Changed window frame openings Change Order #04, S26,274. This chance order is comprised of the following changes: • COR #09 — Modified elevation/aligriment of fire supply line • COR # 10 —Changed door hardware • COR # I I — additional survey to resolve storm drain conflicts • COR # 12 —Added rebar at lintel/pilaster Change Order #05, S19,2I0. This change order is comprised of the following changes: • COR # 13 —Added two fire alarms • COR # 14 —Modified truss connection G?u pilaster • COR # 16 — Added copper flashing and membrane SEP.29.2000 7:26AY Edwards Fire Station Project — Change Order Summary NO. 1805 P. 3 09/29100Paee 2 • COR # 17 —Revised window openings • COR # 18 — Added 2" backflow preventor • COR #19 — Eliminate dormer and added louver • COR #20 — Changed concrete roof tile • COR #21— Added structural beam bucket • COR #22 — Added mullion and new door hardware • COR #23 — Replaced masonry archway with wood framed • COR #25 — Added voice/data receptacles • COR #28 —Added copper flashing and counter -batten Change Order #06, S37,258. This change order is comprised of the following changes: • COR 426 — Added electrical work and changed framing details • COR #27 —Added hold-down brackets for shear wall • COR #31— Added new soffits • COR 433 — Added ventilation and access hatchesha Change Order #07, S35,696. This change order is comprised of the following changes: • COR #34 — Changed all flashing roof penetrations to copper • COR #36 —Added finish details to captain's office • COR #37 —Added compresscd air piping for vehicle exhaust system • COR #39 — Added power and cable receptacles Chauge Order 008, S26,988. This change order is comprised of the following changes: • COR #40 — Added costs for contractor's extended overhead • COR 441— Changed light fndture mounting details • COR #43 — Electrical changes in hose tower • COR #45 —Changed door, hardware and stove hood in kitchen • COR 447 — Changed microwave specifications Change Order 009, S7,633. This change order is comprised of the following changes: • COR #29 — Added mechanical plenums • COR #48 — Changed ducts for separation of air intake and exhaust SE?. 29. 2000 7 ; 27AM h0. 1805 P. 4 Edwards Fire Station Project —Change Order Summary 09.29/00Page 3 • COR #49 — Added electrical power for clock, control panel, photo -eye • COR tt50 —Deleted power to overhead door in workout room • COR #51— Installed monorail hoist track Cbangr Order #10, 527,929. This change order is comprised of the following changes: • COR #52 — Added block filler and paint in apparatus bay • COR #53 — Extended conduit for panel `C' • COR 454 — Added, electric backboard in electric room • COR #55 - Added pull box for transformer • COR #56 - Added gas line for generator • COR #57 — Changed concrete from 2500 psi to 4000 psi • COR 458 — Relocated duplex switch in kitchen • COR 459 — Added drywall repair resulting from light relocation • COR #61— Added lath and piaster due to door #4 relocation • COR f62 — Changed to locking door at room 126 • COR 463 — Added flashing at photocell at roof • COR #64 — Added cable from pullbox to transformer • COR #65 -- Modified kickplates for doors • COR 467 — Excavated and placed slurry over existing Edison duct backs • COR #69 — Added cable connections at main panel Change Order #IX, 5239668. This change order is comprised of the following changes: • COR #71— Added steps at south wall • COR #72 — Relocated stove ventilation hood in kitchen • COR #74 — Relocated computer work stations • COR 477 — Added kickplates at doors • COR 478 - Modified Idtchen island sink • COR 979 —Modified sink and countertop in room #127 + COR #81— Added drywall at exhaust duct in room 105 • COR #82 —Bushed front entry for tile installation • COR #34 — Added propane tank slab • COR 085 — Extended curb at generator enc.osure SEP, 29. 2000 7.27AM NO. 1805 P. 5 Edwards Fire Station Project — Change Order Summary 04r29:OOPa;e a • COR *86 — Added roof drain curb penetrations • COR #87 — Added rebar for generator enclosure • COR # 89 — Extended conduit for generator enclosure • COR 090 — Added pedestal and key switch at gate • COR #96 — Excavated and slurry over existing Edison duct banks • COR 997 — Recompaction of soil for generator footings Change Order #12, S1,350. This change order Is comprised of the following changes: • COR 480 —Added lighting relays for outdoor lights • COR #95 — Added masonry block for generator enclosure • COR 498 —Deletion of concrete paving at northwest corner of building • COR #99 — Waterproof of north site wall below soil • COR 4100 — Added connection gas line for generator • COR 9101— Electrical wiring additions for kitchen • COR #24.1— Credit for deletion of portion of north site wall • COR #88 — Deletion of a portion of electrical enclosure • COR #73 — Added expansion joint in site • COR #80 — Added breakers in the main panel • COR #103 — Additional paint for overhead door conduits TOTAL OF CHANGE ORDERS #01 THROUGH #12 = $247,345. If you would like to discuss this further please call me @ 760-942-5147. v v RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept the Construction of Fire Station No. 6 - Edwards; CC 1084, and Fife Notice of Completion COUNCIL MEETING DATE:_1 October 16, 2000 RCA ATTACHMENTS STATUS Ordinance w/exhibits & legislative draft if applicable) Not Applicable Resolution wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) Signed !n full bX theUty Attome Not Applicable Subleases, Third Party Agreements, etc. LApproved as to form bZ CitZ Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over S5.000) Not Applicable Bonds (If a licable) Not Applicable Staff Report If applicable) NotApplicable Commission, Board or Committee Re ort If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Y ao Assistant Ci Administrator Initial CitV Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: E. Charlonne 1 (17) October 16, 2000 - Council/Agency Agenda - Page 17 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. [A motion was made by Sullivan, second Harman to approve Consent Calendar items with the exception of Agenda Item, E-7 (removed for separate discussion. (Also Garofalo abstained on E-1 due to absence at meeting.) The motion carried as follows: Approved 5-0-2 (Julien, Dettloff out of room)] E-1. (City CouncillRedevefopment Agency) Minutes - Approve and adopt the minutes of the City Council/Redevelopment Agency regular meetings of September 18, 2000 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Approved 4-0-2-1 (Julien, Dettloff out of room; Garofalo abstain] E-2. (City Council) Deferred from October 2, 2000 - Accept Formal Bid Withdrawal from MMC, Inc. - Award Contract to AES Construction Group for Reconstruction of Two Sewer Lift Stations: (1) "A" at 17'h Street (elo Admiralty Drive, No Pacific Coast Hi hwa • CC-1060 and 2 Brookhurst Street and Effingham Drive: CC-1061 (600.60) —1. Accept the formal bid withdrawal by MMC Inc. without forfeiture of bid bond; and 2. Accept the second lowest responsivelresponsible bid submitted by AES Construction Group for the reconstruction of two sewer lift stations; Station "A" (PCH at 171h Street); CC-1060 and BrookhurstlEffingham; CC-1061; and 3. Approve and authorize the Mayor and City Clerk to execute the cortract for the sewer lift station projects for a total bid amount of $2,091,750; and 4. Authorize the Director of Public Works to expend $2,600,000 to cover the contract cost of $2,091,750, which includes allowances for construction change orders of $418,350 and anticipated supplemental expenses of $89,900. Submit'.ed by the Public Works Director. Funding Source: $2,600,000 appropriated in Sewer fund, Lift Station Rebuilds. [Approved 5-0-2 (Julien, Dettloff out of room)] E-3. (City Council) Acceot the Construction by Weecier Brothers, Inc. of Edwards Fire Station No. 6; CC-1084 (Funded by PLC Land Company Per Holly Seacliff Agreement) and Authorize the City Cleric to File a Notice of Completion (600,80) Accept the completed general construction for Fire Station No. 6 — Edwards; CC-1084 at a cost of $2,576,345, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. _Submitted by Fire Chief/information Systems Director and the Public Works Director, Funding Source: Funded entirely with developer, PLC Land Company funds per Holly Seacliff Development Agreement. [Approved 5-0-2 (Julien, Dettloff out of room)] 0 Council/Agency Meeting Held: .Gv� Goo. Po Deferred/Continued to: )(Approved O CgnditionallyaAgproved_ O Deed ity ler 's Signature I Coulicil Meeting Date; J June 5, 2000 ! I Department ID Number: FD 00-004 1 V 1TY OF HUNTINGTON BEACH a E@EST FOR COUNCIL ACTION TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ;ern SUBMITTED BY: RAY SILVER, City Administrator11A1 `2 c� PREPARE 1CHAEL P. DOLDER, Fire Chief/information Systems D' toe and BERT F. BEARDSLEY, Director of Public Works SUBJECT: AUTHORIZE THE APPROPRIATION AND EXPENDITURE OF INTEREST EARNINGS FROM PLC LAND COMPANY'S HOLLY SEACLIFF DEVELOPMENT AGREEMENT ACCOUNT TO THE CONTINGENCY AND/OR PROJECT SUPPLEMENTS FOR FIRE STATION 6-EDWARDS, CC1084 Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachment(:) Statement of Issue: Should the City apply current and future interest payments, received from the PLC Land Company account, as established by the Holly-Seacliff Development Agreement and approved by Ordinance No. 3080, to the contingency and/or project supplements for constructing and equipping Fire Station 6-Edwards? Funding Source: The Hotly-Seacliff Development Agreement provides that all funds, including annual index interest adjustments, are to be used to design, construct, and equip Fire Station 6-Edwards. Sufficient funds are available in the Development Agreement Account and this action will maximize PLC Land Company's contribution and minimize potential City costs. Recommended Action: MOTION TO authorize the appropriation and expenditure of interest earnings not to exceed $95,000 as received from the PLC Land Company account R-CF-6-21-00-FR-422, to the contingency account E-CF-PC-084-6-31-00 and/or project supplements account E-CF-PC-084-3-90-00 for the Fire Station 6-Edwards, CC1084. Alternative Action(s): Hold funds in the PLC Land Company account for return to PLC Land Company. Analysts: The Holly-Seacliff Development Agreement, approved by Ordinance No. 3080, stipulates that the developer, PLC Land Company, shall fund the design and construction of one fire station, including all required equipment. The. November 1990 Development VEQUEST FOR COUNCIL ACTION MEETING DATE: June 5, 2000 DEPARTMENT ID NUMBER: FD 00-004 Analysis: (continued) Agreement initially funded $3,150,000. The Engineering News -Record (ENR) index adjusts this amount annually in November. In the Request for Council Action dated June 7, 1999 (Attachment 1), a current balance of $3,527,078 was identified as the balance available for construction of Fire Station 6-Edwards, including contingencies and project supplements. This amount resulted in a shortfall of $66,461 for contingencies, based on the construction bid. In November 1999, the annual cost adjustment (ENR) of $54,222.76 (Attachment 2) from PLC Land Company was received and applied to the Development Agreement Account resulting in a total available funding of $3,581,300.76 for the project. Additionally, in November 2000, PLC Land Company will make the final ENR adjustment, estimated to be $25,000-$40,000. Authorization to appropriate the interest funds to the contingency and/or project supplemental funds will eliminate the projected shortfall and will allow purchase of a variety of necessary items not funded as a result of the shortfall. The items include a Civil Defense Siren, full enclosure for the Emergency Generator Support Building, a Fire Turnout Extractor System, and a variety of operating equipment, not to exceed the total available funding for the project. Environmental Status: Not applicable. Attachment(s): 1 I RCA 99-42 Fire Station No. 6-Edwards, CC-1084 Authorization to Award Contract 2 1 Holly-Seacliff Development Agreement, Public Safety Facilities Annual Cost Adiustments and Expenditures RCA Author. Reynolds Fp00 004 PLC Interest for Fire Station 6 -2- 05/22/00 1:24 PM ATTACHMENT #1 &AMSC ey _P40 �- -ITY OF HUNTINGTON BE4- rI DI OL06R " FrUt' MEETING DATE: June 7,1999 DEPARTMENT ID NUMBER: 99-42 Council/Agency Meeting Held: , .,Tl :Z 19 9 W 600 fir? ;DO' ed/Continued to: KA: 3 p rove fond' ionaIl pprove d -- Denie ,jj Jerk's Signature Council Meeting Date: .tune 7, 1999 Department 1D Number: 99-42 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION 3 C SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS = ` SUBMITTED BY: RAY SILVER, City Administrator nffco o x- PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works� MICHAEL P. DOLDER, Fire Chief `��� '•' _` SUBJECT: FIRE STATION No. 6-EDWARDS, CC-1084 Authorization to Award Construction Contract Statement of Issue, Funding Source, Recommended Action, ARemative Actlon(s), Analysis, Environmental Status, Attachmenl(s) Statement of Issue : Should the City award the construction contract to the lowest responsive/responsible bidder from the list of bidders who submitted sealed bids to the Office of the City Clerk on March 25, 1999 for the Fire Station No. 6 — EDWARDS, CC-10847 Fundina Source : The Holly-Seacliff Development Agreement, approved by Ordinance No. 3217, stipulates that the developer, PLC Land Company, shall fund the design and construction of one fire station, including all the required equipment. Initial funding, in November 1990 was $3.150,000. The Engineering News — Record (ENR) Index adjusts this amount accordingly. The current balance for design and construction, including the most recent ENR adjustment, is $3,527,078. Funds have been budgeted in account CF FR 302 6 3100 for construction. On May 18, 1998, the City Council authorized a projected shortfall for the project construction contingency to be funded by the City in on amount not to exceed $220,261. However, based upon the apparent low bid of $2,329,000, the net projected shortfall is estimated to be $66,461. Please refer to Attachment 1 for a detail description. CC 1084 -AWARD RCA 6., 1 V -2- 0512619910:52 AM �4kEQUEST FOR COUNCIL AbION MEETING DATE: June 7,1999 DEPARTMENT ID NUMBER: 99A2 On May 17, 1999, the City of.Huntington Beach received a deposit (down payment) in'. the amount of .$625,000 from ' the PLC land Company for :the construction contract. -Sta€€-wi:l use these funds to make the:irtitial progress payments to the Contractor. The City will, in turn, invoice PLC for these payments on a monthly basis, which will serve to continually replenish the fund until all required improvements are completed. Recommended Action: Motion to: 1. Approve the lowest responsive/responsible bid submitted by Weeger Bros., Inc., 2124 Main Street, Suite 146, Huntington Beach, CA, 92648 for Fire Station No. 6 — EDWARDS, CC-1084; 2. Authorize the Mayor and City Clerk to execute the construction contract in the amount of $2,329,000 and; 3. Authorize the Director of . Public Works to expend a total of $2,934,355 to cover .the .contract, amount of $2,329,000, estimated construction contingency of $233,000, and supplemental expenditure of $372,355. Alternative Actions : 1. Deny award of the contract to Weeger Bros., Inc. and select one of the other responsive/responsible bidders. 2. Reject all 9 bids and direct staff on how to pursue project. Analysis: Under the development agreement with the PLC Land Company, the developer is required to fund the design and construction of a Fire and Emergency Medical Facility. This facility is a City designed and administered Cash Contract. On March 1, 1999, the City Council approved and authorized the selection of DUDEK & Associates to serve as the project's Construction Management Consultant. In accordance wUh Administrative Regulation (AR) 119, DUDEK performed a Constructibility Review of the project plans and specifications. Comments provided by the review were forwarded to the project design team and incorporated into the final Plans and Specifications prior to bid solicitation. Additionally, on March lst, Council authorized the Director of bids for the Fire Station No. 6 — EDWARDS project, CC-1084. were received and publicly opened by the City Clerk. Public Works to solicit On May 25, 1999, bids CC 1084 -AWARD RCA -3- 05126199 10:52 Ahl 1=QUEST FOR COUNCIL A6,.40N MEETING DATE: June 7,1999 DEPARTMENT ID NUMBER: 99-42 The project cost estimate was $2.4 million. A total of 9 bids were received and are summarized below, by order of least dollar amount: 1. Weeger Bros., Inc. $2,329,000 2. Great Western Contractors, Inc. $2,385,237 3. Amelco Construction $2,396,200 4. SMC Construction $2,397,775 5. EMAE International $2,433,743 6. LA Contractors $2,440,000 7. AMD Construction - $2,512,000 8. Woodcliff Corp, $3,000,000 9. Projective Development $3,088,000 The following is a complete breakdown of the construction budget for Fire Station No. 6 - EDWARDS: GENERAL CONSTRUCTION & CONTINGENCY: Weeger Bros., Inc. $2,329,000 Contingency'.- 1233,000 Sub -total. $2,562,000 CONSTRUCTION SUPPLEMENTAL EXPENDITURE: 1. Phone System $30,000 2. Radio System $30,000 3. Computer System $20,000 4. Utility Connection Installations $25,000 5. Owner Furnishings $92,650 6. Rough Grading Reimbursement $22,000 7. Soils Testing & Observation $13,000 8. Record of Survey/Rough Grade Staking/Line &Grade Certification $11,500 ' 9. Landscaping and Irrigation $75,000 40 Mitigation Landscape Reimbursement $8,000 11. Signing & Striping $5,205 Sub -total: .................... : ............................................................... $332,355 Undesignated Supplemental $40,000 Tolal:................................................................................. $372,355 • Design Engineering & Architecture • General Construction & Contingency • Construction Supplemental Expenditure • Building Permitting. Plan Checking, & Project Administration. CC 1 Q84 ..AWARD RCA -4- $361,660 $2,562,000 $372,355 $88.068 0512619910:52 AM � EQUEST FOR COUNCIL A�-AON MEETING DATE: June 7,1999 DEPARTMENT ID NUMBER: 99-42 • Consultant Construction Management Services • Orange County Sanitation & City Enterprise Fees GRAND TOTAL. $202, t 20 7 6 $3,593,539 Environmental Status: She area of the Holly Seacliff Specific. Plan was evaluated in Environmental Impact Report No. 89-1, certified by the City Council on January 8, 1990. Subsequently, RRM Design Group environmental planning team prepared and filed the Environmental Assessment form and .the CEQA Initial Study. As a result, on September 9, 1998, the Planning Commission of the City of Huntington -Beach approved the project's Negative Declaration No. 98-9 and Conditional Use Permit No. 98-48/Variance No. 98-13 Wth findings, mitigation measures, and conditions of approval. Attachmentfs): 1. I Detailed Project Cost Worksheet RCA Author. RF S CC 1084-AVIIARD RCA -5. 05126199 10:52 AM I r PROJECT COST WORKSHEET EL -US / EDWAROS FIB= S I A T ION Cash Con -rocs No 1084 • J CITY OF HUNTINGTON BEACH Eiul'd-g Sc;._-_ Fcorcge To-cl=13,03" FIRE STATION ARCHITECTURAL DESIGN L CONSTRUCTION COSTS ITEM # DESCRIPTION COST 1 Fire Station Design $ 361,660.00 2 Fire Station Construction Bid $ 2,329.000 00 subtotal: $ 2,690,660.00 CONSTRUCTION CONTINGENCY ITEM # DESCRIPTION COST 1 Construction Contingency $ 233.000 00 subtotal: $ 233,000.00 DIRECT DESIGN/CONSTRUCTION EXPENDITURES L CITY REVENUE ITEM # DESCRIPTION COST � CITY REVENUE 0 1 Construction Supplemental• exclud. mat. testing $ 372.355.00 $ - 2 Construchon Management Services $ 202,12000 $ - 3 fire Sprinkler Inspection d Permit Fee $ - $ - 4 Building Plan Check Fee $ 5,717.80 $ 5,717.80 5 Building Inspection Fee $ 6,21500 $ 6,215.00 6 Planning Fee $ 621.50 $ 621.50 7 Conservation Fee $ 489.09 $ 489.09 8 Issuance Fee $ 25.00 $ 2500 9 Public Works Project Admin., Design L Construction $ 75,000.00 $ 75,000 00 10 Orange County Sanitation Fee $ 6,13600 $ - 1 1 Sewer Enterprise Connection Fee $ 84000 $ - 12 Water Enterprise Connection Fee $ 360.00 $ - _ subtotal: $ 669,879.39 • : ' Lost revised: 5/26/99 TOTAL PROJECT COST: ($3,593,539) ESTIMATED DEVELOPER STATION FUNDING ALLOCATION: $3,527,078 ESTIMATED PROJECT SAVINGS / (SHORTFALL): ($66,461) Doc i131147v2 ATTACHMENT 1 HOLLY SEACLIFF DEVELOPMENT AGREEMENT PUBLIC SAFETY FACILITIES ANNUAL. COST ADJUSTMENTS AND EXPENDITURES Date Item Fire Facility Police Facitity Adjustment Index Adjustment" f {Payment) Balance I Adjustment' 1 (Payment) I Balance CPI-U F %+1- I ENR I %+1- Nov-90 Original Cost $ 3,150,000.00 Nov-91 Annual Cost Adjustment (CPI-U) $ 104.319.65 $ 3,254,319.65 Nov-92 Annual Cost Adjustment (ENR) $ 107.679.69 $ 3.361.999.35 Nov-93 Annual Cost Adjustment (ENR) $ 146.231.68 $ 3,508,231.03 Nov-94 Annual Cost Adjustment (ENR) $ 107,015.00 $ 3,615,240.04 Nov-95 Annual Cost Adjustment (ENR) $ 53,175.16 $ 3,665,421.20 Nov-96 Annual Cost Adjustment (ENR) $ 146,896.37 $ 3,815,317.57 Oct-97 Deposit for Apparatus (PmL 1) $ (150.000.00) $ 3,665,317.57 Nov-97 Annual Cost Adjustment (ENR) $ 62.578.59 $ 3,727,896.16 Jan-98 Deposit for Design Contract (Pmt 2) $ (137,074.00) $ 3.590.822.16 May-98 Balance of Apparatus (Pmt 3) $ (292,799,41) $ 3.298.022.75 Nov-98 Annual Cost Adjustment (ENR) $ 88,692.97 $ 3,386,715.72 Apr-99 Shortfall Recovery (Pmt 4) $ (26.967.00) $ 3,359,748.72 May-99 Design, Const Cont Deposit (Pmt 5) $ (637,025.00) $ 2,722,723.72 Jun-99 Design Contract (PmL 6) $ (88,410.03) $ 2.634.313.69 Jut-99 Design Contract (Pmt 7) $ (18.704.59) $ 2.615.609.10 Aug-99 Design & Inspection (Pmt 8) $ (19.967.52) $ 2.595.641.58 Sep-99 Design & Inspection (PmL 9) $ (7,069.95) $ 2,588,571.63 Oct-99 Design & Inspection (Prot 10) $ (29,792.31) $ 2,558,779.32 Nov-99 Construction (PmL 11) $ (164,185.13) $ 2,394,594.19 Nov-99 Annual Cost Adjustment (CPI-U) $ 54,222.78 $ 2,448,816.95 Dec-99 Const Admin. & Inspection (Pmt 12) $ (25,420.51) $ 2.423.396.44 Jan-00 Const Admin. & Inspection (Pmt 13) $ (29,308.04) $ 2.394.088.40 Fete-00 Const Admin. & Inspection (Pmt 14) $ (29.417.06) $ 2.364.671.34 Mar-00 Construction (Pmt 15) $ (1,095,650.95) $ 1,269,020.39 Mar-00 Const Admin. & Inspection (Pmt 16) $ (17,430.67) $ 1,251,589.72 Apr-00 Construction (PmL 17) $ (233,974.56) $ 1.017.615.16 Cam. I @is o $ 21.658.75 $ 675,658.75 $ 22.356.36 $ 698,015.10 $ 30.360.48 $ 728.375.59 $ 22.218.35 3 750,593.94 $ 11,040A S $ 761,634.11 $ 30.498.49 $ 792.132.60 $ 13.524.22 $ 805,656.82 $ 21.668.34 18.733.78 $ 827.323.16 $ 846,056.921 138.9 4787 143.5 1 3,31% 1 4896 2.28% 148.2 3.28% 5058 3.31% 151.6 2.29% 5278 4.35% 152.9 0.85% 5439 3.05% 154.4 0.98°l0 5519 1.47% 158.4 2.59% 5740 4.00% 160.7 1.45% 6838 163.4 1.68% 5995 167.1 2.26% 6127 2.20% C ' Annual Adjustment Is based on the higher of CPI-U or ENR cost index change over the preceding 12-month period 4117= .1 b 11 Z) Y FOR116 705-C PREWAINARY MDAY NOTICE NOTICE TO PRO77 fLOWNER (This corm may be used on both public and private projects) Items are rot pai�in fua for ft labor, wricls, aQc1"WI, or ■lale- vials krrnfshed or to be WrnW ed. a mechank's ten leading to the loss, TO: CONSTRUCTION LENDER (Or Reputed Construction Lender) IN any) Name NZA through t M4 lorecMM proceed - in at property �^g� Street knpr being a0 oved may W+cd against the property even "h you City. State. Zip ham paid your contractor In full. You may wish to protect yourself against Ustosequenefby(i)rsgWrinvyour contractor to Wmlth signed release TO: ❑ OWNER (Or Reputed 0-er) [] PUBLICAGEN=.,Y (On Pr rye's Work) (On Public Work) a 6y the person or 1111m giving you this Name CTTY nF HI'NTT.ArrTnN nF.cr-rr notice before risking psyrnifirlt to yow / contractor or (2) any a0of method or Street 2000 M.ITS ST. /P_o nnY Inn device Ifut I���te UnCW Vw circurnslanCity, State. Zip l?l.'.NTJ NQTON DEA( CA 92- . _ MAILING INSTRUCTIONS TO: ORIGINAL CONTRACTOR (Or Reputed Original Contractor) (1) if the Pew reSiees In Caidor- Name k}rrint D )s T "r rya, the notice may be served by first class registered or cent hed mar, post - Street 219 t N f r Y RT. Sly fi i; age prepaid. addressed to tie person at Ns or her residence, of place of ba- City, Slate. Zip mess address, or at N address glown by tare bujrlg permit on file. or at ate address shown on a recorded CtxN s<n7nt3t Deed. General description of fle labor. Service. equiprnent, or m319rials furnished. or to be furnished and an estimate of the total price thereof: (2) When service is roads M cyst r'l IR CONnI'f lo, Nr class tegstered orcenlied troy, sere loe Is oarnplele at the time of Ore do - posit of mall. I ft notice Is given by a s Amontrac- for who is required coder a collective bargaining agreement b pay Irrve $ 1, 02 A . A 0 benefits. 1re names and addresses of the fringe benefits busts follow: NAME AND ADDRESS OF CLAIMANT GWNG THIS NOTICE Name r. A. SLIipnri)Fn- Tyr Street 1318 PI RST STRF:FT City. State.Z,p SAN RH H 4 - NAME OF PERSON OR FIRM THAT CONTRACTED TO PURCHASE THE LABOR, SERVICE, EQUIPMENT, OR MATERIALS Ndrie-NORWALK FrONO AIR INC_. � ._. - - PROOF OF SERVICE AFFIDAVIT DESCRIPTION OF JOB SITE SUFFICIENT FOR IDENTIFICATION The undersigned served copes of ft Prefimrlary 20-Day Nobce by first Fl RF 9JAJTQ% Nn_ rl /_IIL'1"T+rTC5;_fIr 1Clf class registered or penlfied mail. post- age prepaid, on Vie persons and at V e 18590 evWARns aSTREeT addresses ah w��I3,�� _ _HUNTISrsTON UFAC CA Z�� STAPLE RETURN RECEIPTS HERE I declare order pwwlty of perflxy under If* laws of the State of Camorrra owl qre kwego" hue correct Daled: Poet Jwc — C 7fies — A M WAAM swot SM 1111111"Alifill IN J /Rsxft rojY, AKNOWLEDGEMENT OF RECEIPT OF PRELIMINARY 20-DAY NOTICE Is.c1o, goer I. Ca&xnw Ga coat) UPM W*ipt of this neck*, poase cto W 11110011 this ACkrlor,Mdiem.nt ani um This eCk1> wkdrs receipt on 0-6of a Copy ofthis prefir*Qry z w w 0 W k cc 0 cc s f } We: 1a..t.t...ro...,....tt.o..r ti.J J D U (0 U o '. 1 k) RECEIVED CSfY CLERK CITY OF .... WEEGER HUHTIhGTO11 BEACH. CA BROS., INC. ,,,,,M 1111 1 •s t' C: !t 1 GENEFAL BUILD1401 ENGINEERING CONTRACTOR July 9,1999 Connie Brockway, City Clerk City Of Huntington Beach 200 Main Street Huntington Beach, CA 92648 Re: CC-1084, Fire Station No. 6 Dear Connie, We are in receipt of the executed Contract for the construction of the Fire Station No. 6. On your cover letter you stated that a warranty bond was needed. A Maintenance Bond was submitted «7th the Contract covering the project for one year after approval by Ovkner. It is the last bond attached to the Contract. If this is not sufficient please let me know. If you have any questions please call. Sincerely, Dawn Roda Office Manager 2124 MAIN STREET, SUITE 146, HUNTINGTON BEACH. CA 92648-6443 (714) 536-3854 FAX (714) 536-4854 STATE LICENSE NO. 417i 15 A. B. C5, C8, C12 f CITY OF HUNTINGTOti BEACH j ROBERT F. BEARDSLEY 4" DIRECTOR OF PUBLIC WORKS = DATE: .199 TO: late ❑ Noble ❑ Renna a Smith ❑ Daily ❑ Boucher !A J/D s�G1 7 •- - ❑ For Your Info Please Handle ❑ Per Your Request ❑ Please Contact Me ❑ Share With Staff ❑ Route ❑ Please Review & Comment ❑ Please Advise When Handled �e COMMENTS: I CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: BOB BEARDSLEY, Director of Public Works FROM: CONNIE BROCKWAY, City Clerk0A DATE: July 20, 1999 SUBJECT: New Fire Station No. 6 (1084) 18590 Edwards Street, Huntington Beach, CA 92648 Please refer to the attached. We would like to know if you will be replying to the last three bulleted items requested by Southern California Tile. If so, please call me at extension 5404 so that I may file away their request as you will be completing the other items. Attachments Xc: Gail Hutton, City Attorney CB:le RAP-1-,0FPUBI WORKS HUN�NG„fON Bgp,CH. GA Q CBMemos\99-1331e.doc �f Southern California Tile, Marble & Terrazzo Compliance Committee July 15, 1999 City of Huntington Beach 2000 Main St Second Flr Huntington Beach, CA 92648-2702 RE:New Fire Station No 6 (1084) HUNTINGTON BEACH, CA (Orange Co. )18590 Edwards St, 92648 Dear Sir: This is a formal request for information and documents on the above referenced contract. We are requesting the documents pursuant to the California Public Records act, Government Code 6250, and ET SEQ. The information includes the following: • Contract number and date of award � 'C ' Bid advertising date and amount of award • Location of project -- r� � 5-y0 E.pw�� 5� e�CJ1 • Project completion date2L9/ ?',--Vc9 • Names, address' and license number of the ceramic tile and terrazzo sub -contractor, the C -- nature of their work:,, per public contract code sections 4100-4107 of the State of California Government Code. 91,C e.,p... -`r J (, 52, (, j &M► O 't -,/A0•Pg-N0-(5 Car- �11nG Uc- Please send the requested information to our o ice, at the above address. Pursuant to Government Code §6256, your response to this request is due with ten (10) days of the date of this letter. If you have any questions regarding this matter, please don't hesitate to phone my office. I look forward to your prompt response and thank you for your time. Sincerel/Yours, Karen Dailey KD/ 556 No. Diamond Bar Blvd. Suitc 201 Diamond Bar, Ca. 91765 Phone 909-396-5120 Fax 909-396-6704 e-mail: bacl8cageanhiinknet MA �r CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK July 20, 1999 CONNIE BROCKWAY CRY CLERK Ms. Karen Dailey Southern California Tile, Marble & Terrazzo Compliance Committee 556 North Diamond Bar Boulevard, Suite 201 Diamond Bar, CA 91765 Dear Ms. Dailey: CALIFORNIA 92648 Subject: New Fire Station No. 6 (1084) 18590 Edwards Street, Huntington Beach, CA 92648 Pursuant to your letter of July 15, 1999 regarding the above -captioned subject matter, we are responding to the first two of your bulleted items: Contract Number: Cash Contract 1084 (CC-1084) Date of Award: June 7, 1999 (City Council Meeting Date) Bid Advertising Dates: April 22, April 29, and May 6, 1999 Amount of Award: $2.329,000 We are referring the other items to the appropriate departments, who will be in touch with you. If you have any questions cr need further assistance, please do not hesitate to call my office at 714-536-5227. Sincerely, LI Connie Brockway City Clerk CB:le Q CBMcmosl99-132Ic.doc Mlsphone: 714-536.5227) IITY OF HUNTINGTON BEAC 9 MEETING DATE: June 7,1999 DEPARTMENT ID NUMBS R-Ak.sac ey - O&Z ba-06,e - Frk-C, F��"Irnrc -JP,0 Council/Agency Meeting Held: WL- �4a•�� D� ef�edlContinued to: �'Ap rove gcond' ionall ppro ed genie ,�j� Jerk's Signature Council Meeting Date: June 7, 1999 Department ID Number. 99-42 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION nlyzet SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator 4 --cr.; •. CO C-1ar~� PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works `}`r-" MICHAEL P. DOLDER, Fire Chief SUBJECT: FIRE STATION No. 6-EDWARDS, CC-1084 " `} Authorization to Award Construction Contract Statement of issue. Funding Source. Recommended Action, Altemative Actlon(s), Analysis, Environmentat Status, Attachment(s) Statement of Issue : Should the City award the construction contract to the lowest responsive/responsible bidder from the list of bidders who submitted sealed bids to the Office of the City Clerk on March 25, 1999 for the Fire Station No. 6 — EDWARDS, CC-10847 Funding Source: The Holly-Seacliff Development Agreement, approved by Ordinance No. 3217, stipulates that the developer, PLC Land Company, shall fund the design and construction of one fire station, including all the required equipment. Initial funding, in November 1990 was $3,150,000. The Engineering News -- Record (ENR) Index adjusts this amount accordingly. The current balance for design and construction, including the most recent ENR adjustment, is $3,527,078. Funds have been budgeted in account CF FIR 302 6 3100 for construction. On May 18, 1998, the City Council authorized a projected shortfall for the project construction contingency to be funded by the City in an amount not to exceed $220,261. However, based upon the apparent low bid of $2,329,000, the net projected shortfall is estimated to be $66,461. Please refer to Attachment 1 for a detail description. CC 1084 - AWARD RCA 6, 1&" .2- 0512619 9 10:52 AM r REQUEST FOR COUNCIL ACTION MEETING DATE: Jane 7, '1999 DEPARTMENT 1D NUMBER: 99-42 On May 17, 1999, the City of Huntington Beach received a deposit (down payment) in the amount of $625,000 from the PLC Land Company for the construction contract. Staff will use these funds to make the initial progress payments to the Contractor. The City will, in turn, invoice PLC for these payments on a monthly basis, which will serve to continually replenish the fund until all required improvements are completed. Recommended Action: Motion to: i . Approve the lowest responsive/responsible bid submitted by Weeger Bros., Inc., 2124 Main Street, Suite 146, Huntington Beach, CA, 92648 for Fire Station No. 6 - EDWARDS, CC-1084; 2. Authorize the Mayor and City Clerk to execute the construction contract in the amount of $2.329,000 and: 3. Authorize the Director of Public Works to expend a total of $2,934,355 to cover the contract amount of $2,329,000, estimated construction contingency of $233,000, and supplemental expenditure of $372,355. Alternative Actions): 1. Deny award of the contract to Weeger Bros., Inc. and select one of the other responsive/responsible bidders. 2. Reject all 9 bids and direct staff on how to pursue project. Analysis : Under the development agreement with the PLC Land Company, the developer is required to fund the design and construction of a Fire and Emergency Medical Facility. This facility is a City designed and administered Cash Contract. On March 1, 1999, the City Council approved and authorized the selection of DUDEK & Associates to serve as the project's Construction Management Consultant. In accordance with Administrative Regulation (AR) 119, DUDEK performed a Constructibiiity Review of the project plans and specifications. Comments provided by the review were forwarded to the project design team and incorporated into the final Plans and Specifications prior to bid solicitation. Additionally, on March 15r, Council authorized the Director of Public Works to solicit bids for the Fire Station No. 6 - EDWARDS project, CC-1084. On May 25, 1999, bids were received and publicly opened by the City Clerk. CC 1084 - AWARD RCA -3- 0512619910:52 AM kEQUEST FOR COUNCIL ACTION MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: 99-42 The project cost estimate was $2.4 million. A total of 9 bids were received and are summarized below, by order of least dollar amount: 1. Weeger Bros., Inc. $2,329,000 2. Great Western Contractors, Inc. $2,385,237 3. Amelco Construction $2,396,200 4. SMC Construction $2,397,775 5. EMAE International $2,433,743 6. LA Contractors $2,440,000 7. AMD Construction $2,512,000 8. Woodcliff Corp. $3,000,000 9. Projective Development $3,088,000 The following is a complete breakdown of the construction budget for Fire Station No. 6 - EDWARDS: GENERAL CONSTRUCTION & CONTINGENCY: Weeger Bros., Inc. $2,329,000 Contingency $233,000 Sub -total: $2,562,000 CONSTRUCTION SUPPLEMENTAL EXPENDITURE: 1. Phone System $30,000 2. Radio System $30,000 3. Computer System $20,000 4. Utility Connection Installations $25,000 5. Owner Furnishings $92,650 6. Rough Grading Reimbursement $22,000 7. Soils Testing & Observation $13,000 8. Record of Survey/Rough Grade Staking/Line &Grade Certification $1 1,500 9. Landscaping and Irrigation $75,000 10. Mitigation Landscape Reimbursement $8,000 11. Signing & Striping $5,205 Sub -total: .................................................................................... $332,355 Undesignated Supplemental $40,000 Total: ................................................................................. $372,355 • Design Engineering & Architecture • General Construction & Contingency • Construction Supplemental Expenditure • Building Permitting, Plan Checking, & Project Administration. CC 1084 - AWARD RCA -4- $361,660 $2,562,000 $372,355 $88,068 05/26/99 10:52 AM 6, REQUEST FOR COUNCIL ACTION MEETING DATE: June l, 1999 DEPARTMENT ID NUMBER: 99-42 • Consultant Construction Management Services $202,120 • Orange County Sanitation & City Enterprise Fees 3 m GRAND TOTAL $3,593,539 Environmental Status: The area of the Holly Seacliff Specific Plan was evaluated in Environmental Impact Report No. 89-1, certified by the City Council on January 8, 1990. Subsequently, RRM Design Group environmental planning team prepared and filed the Environmental Assessment form and the CEQA Initial Study. As a result, on September 9, 1998, the Planning Commission of the City of Huntington Beach approved the project's Negative Declaration No. 98-9 and Conditional Use Permit No. 98-48/Variance No. 98-13 with findings, mitigation measures, and conditions of approval. Affachment(s): 1. 1 Detailed Project Cost Worksheet RCA Author: RFS: CC 10B4 -AWARD RCA -5- 0512619% 10:52 AM 09 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; t am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County- of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: April 22, 1999 April 29, 1999 May 6, 1999 I declare, under penalty of perjury, that the foregoing is true and correct. ExeCuted on May 6, 199!3 at Costa Mesa, California. •Signature SECTION A i NOTICE INVITING SEALED BIDS ! for the FIRE STATION NO. 6-EDWARDS CASH CONTRACT No. 1084 In the CiTY OF HUNTINGTON BEACH PUBLIC NOTICE iS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, In- vites seated bids for the above -stated project and w?e re"lve such bids in the office of the City Clerk. Second npor, 2000 Main Street. Huntngton Beach. Catuomia 92648, up to the hour of 2:00 P.M. On May 25, 1999. Bids will be pub - tidy open In the Council Chambers unless other- wise posted. Copies of the Plans. Specf;cations, and con- tract documents are avail- able from the office of the Director of Public Works.' 2000 Main Street, Hunt- ington Beach, CA 92648. upon Raymeni Of A $150.00 thonrelpshdable lea d picked Up. or payment of a 3180.00 rhonretundable fee it masted. Any contract entered Into pursuant to this notice will fnco atle the provisions of tie State Labor Code. Pursuant to tahe provisions of the Labor Code of the State of California, the min- imum prevailing rate of per diem wages for each craft, classification or type of workman needed to ex-' acute the oon:ract Shan be these determined by the Director of Industrial Re - stations of the State of Ca1- tlomia, which are on file at the cwsce of the Director of Public Works. 20M Main Sweet. Huntington Beach, CA 92648. The AGENCY will deduct a 1u% retention from an progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. Tthe Conttactor Shan be bene,idal owner of the Surety and shall receive any interest the jean. the AGENCY hereby at- flrmatively ensures that mi- norsry business enterprises wi3 be afforded full op- ponunity to submit bids In response to INS notice And will not be discriminated against on the basis of I. eClor, national origin, ancestry, sex. or religion in any consideration leading to the award of Contract. No bid than be con- sidered unless It Is prepared on the approved Proposal forms "Aproved with the Instruc- Con to Bidders. The bid must be accom- I panted by a certified Check. cashiers check, or bidders bond made payable to the AGENCY for an amount no less than 10% of Cie amount bid. The successful bidder than be licensed In ac- cordance with provisions of the Business and Professions Code and shag possess a State Can - License Class at C1e time tits Corstracl is awarded. The success`ul Contractor" his subcon- tractors will be required to ppoossBess business licenses from Cie AGENCY. A mandmilory, pre -bid rneetirhg and walk ehrotrgh of the edwin 8 be herd Orh Thursday. May 6. 1999.21 10:00 a.m. (meet on sfte). for the purpose of review- ing bid documents. recety- Ing bidder questions and reviewing the site. Pursuant to the amended Public Contract Code Section 3400. Contractors ere now required to submit a1 substitution requests for ! equal materials or systems pnor to sward of me Con- tract during a Rerlod sped- 1 Bed In Ire bid documents. No substitution requests will be considered after award Of the Contract Project Description: The work Inchudes a new, approximately 13,000 8.1. Fire Station, on -site im- provements and oft -site Im- provements khduding a new Ironic 4nat and re Wed work. - The Protect scliedute is 200 working days. • The Engineers estimate for the wink Included in th Contract IS $2.4 million, AA questions s•'has b directed to Mary McGratt AM, (6051 543-1794. The AGENCY reserve the nght IDreject any or a bids, 4o waive any it regularity and ID take a bids er advisement to a maximum period of 6[ days. 8Y ORDER of the On COUNCIL of the CiTY OF HUNTINGTON BEACH CALIFORNIA the 1st da; of March, 1999. Attest: Connie Brockway CiTY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach -Fountain Valley In- dependent April 22. 29. May S. 1999 044-816 • CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: RISK MANAGEMENT FROM: CONNIE BROCKWAY, City Clerk vL DATE: July 20, 1999 SUBJECT: Potential Tort Claim PIease advise us if you would like the attached to be handled as a claim. Mrs. Schutze sent this correspondence to Public Works, who forwarded it to us via interoffice mail. If so, please contact Liz Ehring of my office at extension 1559. She will assign a claim number as appropriate. Thank you. Attachments XC.- Bob Beardsley, Public Works Director Mle �I ID t F p� ,oFpuB�c SUL 4Z 2`, _I ^AGH� a► G:CBMcmos199-129Ic.doc r _ - Bea rdsl-IaP�/✓ 'TY OF HUNTINGTON BEAR-' y irr.�svrc� Er, � 1(j�trlvn e MEETING DATE: August 2, 1999 DEPARTMENT ID NUMBER: PW 99-057 �"�;� se row de. �a Fi-rdenn� Council/Agency Meeting Held:Y&J-2--.q600. 7 rred/Continued to: Approve O Conditionally Approved 0 Denied f 0 WC h&A11Y ity Clerk's Signature Council Meeting Date: August 2, 1999 Department ID Number: PW 99-057 SUBMITTED TO: SUBMITTED BY: � REPARED BY: SUBJECT: CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION HONORABLE MAYOR AND CITY COUNCIL MEMBERS RAY SILVER, City Administrator c._ ROBERT F. BEARDSLEY, Director of Public Work N) tV Approve Escrow Agreement for the Edwards Fire Station No. fiC CC-1084 rq = --4 -< n =-<nC2 a)of—.t= m-,��r� AG CM) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Affchn nt(s) Statement of Issue: The contractor for the Edwards Fire Station, Weeger Brothers, has requested the City to enter into an escrow agreement for security deposits in lieu of 10% retention funds. The actual dollar amount will be based on the cost of construction. Funding Source: Retention funds are withheld from the contractor; no City funds are needed. Recommended Action: Motion to: 1. Approve the attached escrow agreement for security deposits in lieu of retention between the City of Huntington Beach, Weeger Brothers and Union Bank of California, Los Angeles; and 2. Authorize the Mayor and City Clerk to execute the attached escrow agreement for security deposits in lieu of retention between the City of Huntington Beach, Weeger Brothers and Union Bank of California, Los Angeles. Alternative Actions : None Analysis: The contractor, Weeger Brothers, for the Edwards Fire Station No. 6 Project has requested the City to enter into an escrow agreement for security deposits in lieu of retention. This form E --- 1) of agreement is allowed pursuant to Section 22300 of the Public'�ontract Code of the State of California. The purpose of this agreement is to allow the contractor to earn interest on retention funds while construction proceeds. The contractor is required to pay all fees and expenses incurred by the escrow agent. The agreement details procedures for placing retention funds withheld during the course of the project in an interest bearing account that is held jointly by the City and the contractor. These funds will be held until all work is complete and the Notice of Completion is filed with the County Recorder's Office. Release of these funds requires written authorization from the City to the escrow agent, Union Bank of California, Los Angeles. Public Works Commission Review: Not required, per Municipal Code Chapter 2.111. Environmental Status: Not applicable Attachment(s}: RCA Author. Chadonne:W jm 10841escrow ageementlRCA -- 071109 10:41 AM ATTACHMENT 1 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Huntington Beach whose address is 2000 Alain Street, P.O. Box 190, Huntington Beach, CA 92648 hereinafter called "Omer," NVeeger Bros., Inc., whose address is 2124 Alain Street, Suite 146, Huntington Beach, CA 92648 hereinafter called "Contractor" and Union Bank of California whose address is 445 South Figueroa Street, 13'h Floor, Los Angeles, CA 90071, hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: (1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Ommer and Contractor for Project: Fire Station No. 6, 18590 Edwards Street, Huntington Beach, CA 92648 in the amount of $2,329,000 dated June 7, 1999 (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be %ithheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of Union Bank of California, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. (4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Cortractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. Jmp/mi scl22300,W41 /99 (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Contractor: WEEGER BROS., INC. By: print name ITS: (circle one) &h esiden ice President AND By: mil/ print name ITS: (circle one ecre hief Financial Officer/Asst. Secretary - Treasur 2124 Main Street, Suite 146 Huntington Beach, CA 92648 address Telephone # (714) 536-3854 ITS: (circle one) Chairman/Presiden ice President AND By: Lisa D. Meadows'— Vice Presi ent pant ITS: (circle on ecre hief Financial Officer/Asst. Secretary - Treasurer 445 South Figueroa Street, 13'h Floor Los Angeles, CA 90071 Mail Code: G13-470 Telephone #(800) 669-8661 On behalf Owner: CITY O INGTON eEACH Mayor ATTEST: City Clerk • P % APPROVED �� AS TO FORM: _So..a d4j--,� City Attorney Kr II�TITIA D ;A!PPMRD,*: nY Directoi of PAlic WorkA REVIEWED AND APPROVED: tOdministrator Jmphrusc/22300/06/21 /99 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONME BROCKWAY . CITY CLERK CALIFORNIA 82648 . LETTER OF TRANSMITTAL OF ITENT APPROVED BY THE CITY COIWCIU DEVEI,OPry ENTT AGENCY OF THE CITY OF IIUNTL� GTONBEACH DATE: �'d r�,y��tl) TO: 0 ATTENTION: Name X/ V Jl rrF� ro_ DEPARTh1EN-r: See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: 4�� &"a� Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: omx'es le" Ix - N en RCA Alrec©ent Insurance Ocher den . Department RCA/ Azr"m;Z Insurance Daher Nacre Cy I ng,C. Ctoe- . Department RCA Arreement Insurance Other Fre' trt r Y 'sue ri c Ch a //o Yt rt a Name Department RCA AQeemeat Insurance Other Risk Management DepL Insurance Received by Name - Company Name - Date GTollowuptcoverltr (TNW phone: 714-6364227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY OLERK CONNIE 9ROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITF.III APPROVED BY TIIF CITY COUti'CIL/ REDENT.LOPiNTEN"r AGENCY OF THE CITY OF RUNTINGTON BEACH DATE:—Z& 6,16 7/ Y /ori5i7� TO: ATTEN-rION: _ Name 4111-- . `/ +-: U P 1� �jIbEPARTNIENT: scree /�j� S REGARDII�'G: City, State, Zip - See Attached Action Agenda Item Date of Approval Jr Enclosed For Your Records Is An Executed CoPy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA J� Deed Other CC: QrWs Name Dep ment RCA Azrct;;tee Insurance Other a Nxae- Department RCA Agreement/ Insurance Other Y~ _tG . Name artment RCA A;reemeet Insurance Other Name Department RCA Agreement Insurance Other Risk hlanagcment Dept. Insurance Received by Name - Company Name - Date GTollowuplcoverltr tTotephone: 714.536-5227 j v � RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Escrow Agreement for the Edwards Fire Station No. 6 CC-1084 COUNCIL MEETING DATE: August 2, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in ful! by the City Attorney} Attached Subleases, Third Party Agreements, etc. (Approved as to form Py City Attome) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (if applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FIORWARDED Administrative Staff Assistant City Administrator (Initial) City Administrator (Initial) City Clerk ( }�'F -= m+�-v EXPLANATION FOR RETURN OF ITEM: �o RCA Author. Charlonne � • CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: BOB BEARDSLEY, Director of Public Works FROM: CONNIE BROCKWAY, City Clerlo DATE: July 20, 1999 SUBJECT: New Fire Station No. 6 (1084) 18590 Edwards Street, Huntington Beach, CA 92648 Please refer to the attached. We would like to know if you will be replying to the last three bulleted items requested by Southern California Tile. If so, please call me at extension 5404 so that I may file away their request as you will be completing the other items. Attachments Xc: Gail Hutton, City Attorney CB:le Q CBMemos\99-1331e.doc V Southern California Tile, Marble & Terrazzo Compliance Committee July 15, 1999 City of Huntington Beach 2000 Main St Second Fir Huntington Beach, CA 92648-2702 RE:New Fire Station No 6 (1084) HUNTItiGTOti BEACH, CA (Orange Co. )18590 Edwards St, 92648 Dear Sir: This is a formal request for information and documents on the above referenced contract. We are requesting the documents pursuant to the California Public Records act, Government Code 6250, and ET SEQ. The information includes the following: • Contract number and date of award Bid advertising date and amount of award • Location of project • Project completion date • Names, address' and license number of the ceramic tile and terrazzo sub -contractor, the nature of their work:, per public contract code sections 41004107 of the State of California Government Code. Please send the requested information to our office, at the above address. Pursuant to Government Code §6256, your response to this request is due with ten (10) days of the date of this letter. If you have any questions regarding this matter, please don't hesitate to phone my office. I look forward to your prompt response and thank you for your time. S incerel/yours, _ ° Y t y Karen Dailey 556 No. Diamond Bar Bhd. Saitc 201 Diamond Bar, Ca. 91765 Phone 909-396-5120 Fax 909-39"70d a -mail: bac18ca^carthlinknct `.) L1 it CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 20, 1999 CONNIE BROCKWAY CITY CLERK Ms. Karen Dailey Southern California Tile, Marble & Terrazzo Compliance Committee 556 North Diamond Bar Boulevard, Suite 201 Diamond Bar, CA 91765 Dear Ms. Dailey: Subject: New Fire Station No. 6 (1084) 18590 Edwards Street, Huntington Beach, CA 92648 Pursuant to your letter of July 15,1999 regarding the above -captioned subject matter, we are responding to the first two of your buileted items: Contract Number: Cash Contract 1084 (CC-1084) Date of Award: June 7, 1999 (City Council Meeting Date) Bid Advertising Dates: April 22, April 29, and May 6, 1999 Amount of Award: $2,329,000 We are referring the other items to the appropriate departments, who will be in touch with you. If you have any questions or need further assistance, please do not hesitate to call my office at 714-536-5227. Sincerely, G� Connie Brockway City Clerk CB:le G: CBtiiemos199-13 21e.doc ITelephone= 714536-5227) -CITY OF HUNTINGTON BEA�H 9 MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBE REA,eSEISC ey -pcck� JO106R - Frky— FITl'1. "",41lrc! -JPA) Council/Agency Meeting Held: (a W� (a00•b'v Deff red/Continued to: 0?'Ap rove Cond ionall ppro ed Ken ie ,Ij lerk's Signature Council Meeting Date: June 7, 1999 Department ID Number: 99-42 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION r C SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS _•' n :; _. SUBMITTED BY: RAY SILVER, City Administrator X-1� ram: .4 PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works��_.� MICHAEL P. DOLDER, Fire Chief �� �•' =� SUBJECT: FIRE STATION No. 6-EDWARDS, CC-1084 2� Authorization to Award Construction Contract Statement of Issue, Funding Source, Recommended Action, Attemative Actions}, Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City award the construction contract to the lowest responsive/responsible bidder from the list of bidders who submitted sealed bids to the Office of the City Cleric on March 25, 1999 for the Fire Station No. 6 — EDWARDS, CC-1084? Funding Source: The Holly-Seacliff Development Agreement, approved by Ordinance No. 3217, stipulates that the developer, PLC Land Company, shall fund the design and construction of one fire station, including all the required equipment. Initial funding, in November 1990 was $3,150,000. The Engineering News — Record (ENR) Index adjusts this amount accordingly. The current balance for design and construction, including the most recent ENR adjustment, is $3,527,078. Funds have been budgeted in account CIF FR 302 6 31 00 for construction. On May 18, 1998, the City Council authorized a projected shortfall for the project construction contingency to be funded by the City in an amount not to exceed $220,261. However, based upon the apparent low bid of $2,329,000, the net projected shortfall is estimated to be $66,461. Please refer to Attachment 1 for a detail description. CC 1084 -AWARD RCA -2- n h%tt 6" It.-- 0512619910:52 AM V REQUEST FOR COUNCIL ACTION MEETING DATE: June 7,1999 DEPARTMENT ID NUMBER: 99-42 On May 17, 1999, the City of Huntington Beach received a deposit (down payment) in the amount of $625,000 from the PLC Land Company for the construction contract. Staff will use these funds to make the initial progress payments to the Contractor. The City will, in turn, invoice PLC for these payments on a monthly basis, which will serve to continually replenish the fund until all required improvements are completed. Recommended Action: Motion to: 1. Approve the lowest responsive/responsible bid submitted by Weeger Bros., Inc., 2124 Main Street, Suite 146, Huntington Beach, CA, 92648 for Fire Station No. 6 — EDWARDS, CC-1084; 2. Authorize the Mayor and City Clerk to execute the construction contract in the amount of $2,329,000 and; 3. Authorize the Director of Public Works to expend a total of $2,934,355 to cover the contract amount of $2,329,000, estimated construction contingency of $233,000, and supplemental expenditure of $372,355. Alternative Action(s) : 1. Deny award of the contract to Weeger Bros., Inc. and select one of the other responsive/responsible bidders. 2. Reject all 9 bids and direct staff on how to pursue project. Analysis_: Under the development agreement with the PLC Land Company, the developer is required to fund the design and construction of a Fire and Emergency Medical Facility. This facility is a City designed and administered Cash Contract. On March 1, 1999, the City Council approved and authorized the selection of DUDEK & Associates to serve as the project's Construction Management Consultant. In accordance with Administrative Regulation (AR) 119, DUDEK performed a Constructibility Review of the project plans and specifications. Comments provided by the review were forwarded to the project design team and incorporated into the final Plans and Specifications prior to bid so''icitation. Additionally, on March 1st, Council authorized the Director of Public Works to solicit bids for the Fire Station No. 6 — EDWARDS project, CC-1084. On May 25, 1999, bids were received and publicly opened by the City Clerk. CC 1084 - AWARD RCA -3- 0512619910:52 AM i YEQUEST FOR COUNCIL ACTION MEETING DATE: June 7,1999 DEPARTMENT ID NUMBER: 99-42 The project cost estimate was $2.4 million. A total of 9 bids were received and are summarized below, by order of least dollar amount: I . Weeger Bros., Inc. $2,329,000 2. Great Western Contractors, Inc. $2,385,237 3. Amelco Construction $2,396,200 4. SMC Construction $2,397,775 5. EMAE International $2,433,743 6. LA Contractors $2,440,000 7. AMD Construction $2,512,000 8. Woodcliff Corp. $3,000,000 9. Projective Development $3,088,000 The following is a complete breakdown of the construction budget for Fire Station No. 6 - EDWARDS: GENERAL CONSTRUCTION & CONTINGENCY: Weeger Bros., Inc. $2,329,000 Contingency $233,000 Sub -total: $2,562,000 CONSTRUCTION SUPPLEMENTAL EXPENDITURE: 1. Phone System $30,000 2. Radio System $30,000 3. Computer System $20,000 4. Utility Connection Installations $25,000 S. Owner Furnishings $92,650 6. Rough Grading Reimbursement $22,000 7: Soils Testing & Observation $13,000 8. Record of Survey/Rough Grade Staking/Line &Grade Certification $11,500 9. Landscaping and Irrigation $75,000 10. Mitigation Landscape Reimbursement $8,000 11. Signing & Striping $5,205 Sub -total: ..................................................................................... $332,355 Undesignated Supplemental $40,000 Total:................................................................................. $372,355 • Design Engineering & Architecture • General Construction & Contingency • Construction Supplemental Expenditure • Building Permitting, Plan Checking. & Project Administration. CC 1084 - AWARD RCA -4- $361,660 $2,562.000 $372,355 $88,068 05128l99 10:52 AM REQUEST FOR COUNCIL ACTION MEETING DATE: Jerre 7, 1999 DEPARTMENT ID NUMBER: 9942 • Consultant Construction Management Services $202,120 • Orange County Sanitation & City Enterprise Fees $_7,336 GRAND TOTAL $3,593,539 Environmental Status: The area of the Holly Seacliff Specific Plan was evaluated in Environmental Impact Report No. 89-1, certified by the City Council on January 8, 1990. Subsequently, RRM Design Group environmental planning team prepared and filed the Environmental Assessment form and the CEQA Initial Study. As a result, on September 9, 1998, the Planning Commission of the City of Huntington Beach approved the project's Negative Declaration No. 98-9 and Conditional Use Permit No. 98-481Variance No. 98-13 with findings, mitigation measures, and conditions of approval. Attachment(s): I . ! Detailed Project Cost Worksheet RCA Author. RFB:REE:DSS CC 1084 - AWARD RCA -5- 05/26199 10:52 AM Mw PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange } I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party' to or interested in the below entitled matter, 1 am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County' of Orange, State of California, and that attached Notice is a true and complete copy .as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: April 22, 1999 April 29, 1999 May 6, 1999 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 6, 199 cl at Costa Mesa, California. — Signature SECTION A I The AGENCY hereby af- NOTICE INvrrING 1 1lrmatrvety ensures that mi- SEALED BIDS for the nod business enterprises win a afforded tug op portunity to submit bids in FIRE STATION response to this notice and NO.6 - EDWARDS will not be discriminated CASH CONTRACT against on the basis of No. 1084 race. color. national origin. a in the ancestry. sex• or religion In CITY anY co^siCeration leading HUNTINGTON BEACH Nuo bid shan be con - PUBLIC NOTICE IS sidered unless It Is HEREBY GIVEN that the prepared on the apprmled CITY OF HUNTINGTON PProposal forms in con - BEACH, as AGENCY, In- iormance with the Instruc- vites sealed bids for the Von to Bidders. above•alated ro ec1 end The bid must be aeoom- win teceive such bids M the ponied by a i ponied S check.ified check, Ocheer, Otfice of fie Oily Clerk, Second FIW. 2000 Main bond made payable to the Street, Huntington Beach, AGENCY for an amount no Catifomla 92648. Up 10 the 19" than 10 Jf. of titre hour of 2:00 p.m. on May amount bid. 25, 1999. Bids Win be pub- The successful bidder fK-'y open In the Council shag be licensed In ac- Chambers unless other- Cordarim with provisions of wise posted. the Business and Copies of the Plans, Prafessians Code and $peratigbons, and CDrt- ihalf possess a State Con- tract documents are avaa- tractors License pass at able from the office of the the lima thus contract I, Director of Public Works.' awarded. The Successful 2000 Main Street, Bunt- Comfuctor and firs subcon- Inglon Beach. CA 92648, tractors will be required to upon payment of a 3150.00 ass business licenses rim Lhe AGENCY. nonrefundable fee 0 picked uo. or payment of a A mandatory pre -bid $180.00 nonrefunoable fee meeting and walk-through If malled. of the sde will be held on Thursday, May 6, 1999, at Any contract entered into 10*00 a.m. (meet on "e), pursuant to this notice will for the purpose of review - Incorporate the proviskons ing bid documents. receiv. d the State Labor Code. Ing bidder questions and Pursuant to the provisions 'reviewing the site, of this Labor Code of the Pursuant to the amended State of California, the min- Public Contract Code Irntnn prevailing rate of per Section 3400. Contractors diem wages for each craft, are now required to submit Classifi[alAn Or type Of all subst*Aan tquiests for workman needed to ex-'- equal materials or systems Koo the Contract shall be prior to award of the Con - #*se determined by the tract during a period sped- i Drrector of industrtal Re- aladons Of the State of Cal- lied In the bid dwumanis. No substitution requests ifomla. which are on file at will be oon&Iderard after the Office of the Director of award of the contract. Public Works. 2000 Main Project Description: Street, Huntington Beach, The work includes a new. CA 92648. approximately 13,000 s.f. Ttw AGENCY will deduct Fora Station, on -sate fm- a 10% reiendon from all provements and ofl-slie Im- progress payments. The provements ineauding a Contractor may substitute new tratlic signal and re - an escrow holder surety of lated work for the work Included its ? contract Is S2.4 miilkxr. As questions &has directed to Marryy McGrs A10. (805) 543-(T94. The AGENCY rater.- the right to reject any a t bids, to waive any re9u1 ritY and to take a bids under advisement'( a Jr.aximum period Of c �rORDER of the Cr' COUNCIL of the CITY C HUNTINGTON BEACH CALIFORN1A the 1st a of March. t999. Attest: Connle Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntingtcr Beach -Fountain VaWy (- dependent April 22. 2= May 6, 1999 044.8'= ff Southern California Tile, Marble & Terrazzo Compliance Committee July 15, 1999 City of Huntington Beach 2000 Main St Second FIr Huntington Beach, CA 92648-2702 RE:New Fire Station No 6 (I084) HUNTINGTON BEACH, CA (Orange Co. )18590 Edwards St, 92648 Dear Sir: This is a formal request for information and documents on the above referenced contract. We are requesting the documents pursuant to the California Public Records act, Government Code 6250, and ET SEQ. The information includes the following: • Contract number and date of award • Bid advertising date and amount of award • - Location of project • Project completion date ; • Names, address' and license number of the ceramic tile and terrazzo sub -contractor, the nature of their work, per public contract code sections 41004107 of the State of California Government Code. Please send the requested information to our office, at the above address. Pursuant to Government Code §6256, your response to this request is due with ten (10) days of the date of this letter. If you have any questions regarding this matter, please don't hesitate to phone my office. I look forward to your prompt response and thank you for your time. Sincerely/Yours, Karen Dailey KD/ 556 No. Diamond Bar Blvd Suite 201 Diamond Bar, Ca. 91765 Phone 909 396-5120 Fax 909-396-6704 e-mail: bacl8ca Uearthlinknct t fff CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINi'GTON BEACH DATE: TO: h1eeg?e-A-..S - Name d /A - et City, Stat , p 6IN 3 See Attached Action Agenda Item ATTENTION: %y%&& e T. %j%QX--/ DEPARTMENT: f ✓eS1•dt?1 REGARDING: ee /dklz- (1176AI'A i2W OF j.:e e 0.5-*;77 iW Alo . to Date of Approval yF Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds RCA Deed CC: 73ekg-ds / lowb -IZ —Z N e Department RCA Agreem en Na De e t RC Agreement Name Department RCA Agreement e Department RCA Agreement Risk Management Dept. Insurance Other � &"VO,5 Insurance/ Other / Insurance,✓ Other / Insurance Other ✓ Insurance Other Insurance Received by Name - Company Name - Date G:Followup/coverltr ( Telephone: 714-536-5227) �W) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITYCLERK CONNIE BROCKWAY CITY CLERK CALIEOR-NIA 92648 RE: Construction of �e_ D94- &M4rOCROA) OF 1-1 'Ye SDI"o�j IU04 to , PROJECT [1Cr Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item rust also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441. Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance IT01ephonc. 714.536-52271 v � RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Fire Station No. 6-Edwards, CC-1084 Authorization to Construct COUNCIL MEETING DATE: June 7, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (vr/exhibits if applicable) (Signed in fuff by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Atfomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (if applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City,Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: V V CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WEEGER BROTHERS, INC. -f1 FOR CONSTRUCTION OF FIRE STATION NO.6 (CC-1084) TABLE OF CONTENTS Page No. I. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 5 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 12 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 13 22. DEFAULT & TERMINATION 14 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 14 24. NON -ASSIGNABILITY 14 25. CITY EMPLOYEES AND OFFICIALS 14 26. STOP NOTICES; RECOVERY OF ADMEN'ISTRATIVE COSTS 15 27. NOTICES 15 28. CAPTIONS 15 29. IMMIGRATION 16 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 16 31. ATTORNEY'S FEES 16 32. ENTIRETY 17 CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WEEGER BROTHERS, INC. FOR CONSTRUCTION OF FIRE STATION NO.6 (CC-1084) THIS AGREEMENT is made and entered into this day of _ J&,qC 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and WEEGER BROTHERS, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public v-,orks project, hereinafter referred to as the "PROJECT," more fully described as construction of Fire Station No. 6 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: I. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borric by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described gagreeMreeged06/1 tl99 r M in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; g:agreeMMer/06110/99 2 D. The 1995 edition of Standard Specifications for Public Mortis 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; 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 two g:agreeAveegerro6l1 IM 3 M million three hundred twenty-nine thousand dollars ($2,329,000.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after a Notice to Proceed is issued and shall diligently prosecute the PROJECT to completion within two hundred (200) working 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. 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. g:agmeA"egerl06116M 4 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work - necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. g-agreelweeger106111199 5 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: one in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. g:agreetweegerl06/11l99 6 11. LIQUIDATED DAMAGESIDELAYS 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 one thousand five hundred dollars (51,500.00) per day for each and every working day's delay in completing the work in excess of the number of 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 CON' TRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. g:agreelweegerf06110M 7 M Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to 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 materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly 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 gzgreelweeger/Ml 1/99 any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be g:agreeAveeger/06/11199 9 VI 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 DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands . drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as 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 DPW its affidavit stating that all workers and persons employed, g:agree/weeger/06111/99 10 �W) all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either Iabor 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, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, 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, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to, concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured gagreeMeeger/06111/99 11 "W 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 In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may g:agreelweeger/Wl IM 12 be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: I. provide the name and policy number of each carrier and policy; 2. shalI state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. g:agreelweeger106111199 13 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event 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 g:agree/weeger/06/11 M 14 any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY sha11 be entitled to reasonable administrative costs and attorneys' 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 Iabor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one hundred dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such Ply 28. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. g-agreeMreeger10611 IM 15 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services arc expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED g:agreelweeger/Wl1199 16 32. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. WEEGER BROTHERS, INC. By: Mark eeger President L/ AND By: e J. Weeger Secretary REVIEWED AND APPROVED: City4dinflnistrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: — 4 � � qtt- �- City clerk /94 APPROVED AS TO FORM: W- b z7 City Attorney V.-IOnlif INI AND APPROVED Director of Public Works g:agree/weeger/06/11/99 17 ACORD,J CERTIFICA''� O L.IM W WrM/+4�M.�Y, W+�iMFw.l,rw Lity INSIJ '°' NCR o6iQ2/i99 7HIS CERTIFICATE UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCEF C349)261-5335 FAX ) 661-1911 Insurance Services, Inc. ���.GJL� 2913 S.-Pullman St. �p� WL 'Cco Santa Ana, CA 92705 /4&Wdj14W 4/7f Q Attn: —Q ',ZJ Ext: INSURED Weeper Broth ers, In .�Xwl' ,/F/fLG QvT 2124 Main Street, Suite 146 DG 1Coven j COMPANIES AFFORDING COVERAGE CCMPANY West[#iester Ft re Insurance Co. A COMPANY Fremont Compensation B Huntington Beach, CA 92648-6443 I COMPANY C � r—� ` G0 AM I D C-alfElt_A_i3_ES , THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NATZD 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. LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ co LTR i TYPE INSURANCE POLICY NVMBER POLICY EFFECTIVE DATE IMMIDDTYYI POLICY EXPIRATION DATE (MMIDD/YY) i LIMITS LOENERAL UABILM GENERAL AGGREGATE S 2, 000,000 X I COWWRCIAL GENERAL LIABILITY PRODUCTS - COMPIOP AGO I S A CLAIMS MADE X i OCCUR - - I ONNEI S a CONTRACTOR'S PROT !CLS644082 02/01/1999 02/01/2000 PERSONAL s ApV r&XW I S 1 000 OQO -- ••------------- _.__.....__.._....__._;. _—_ EACH OCCURRENCE i $ 1} OQO r 000 I--.-� FIRE DAMAGE (AM am Iln) S 50000 .... .. .. .. ....•-......__.�...._..... E MED EXP VM is 5,000 AVTOMOSILE LIABILITY AMrAUTO ALL OWNED AUTOS SCHEOMEOAUTOS — HIRED AUTOS NON•OWNEDAUTO.S I 1 App OVER AS TO ZOHIA: i G1IL HUTTON. Ctt5 Attorney peCitAttorney By:. pu y y `YY% /' - COM91t D51NGLEtMT s BODILY INJURY i (Per s BODILY BODRY s►J.R1RY i --- 6/a�I9� i 1 _—�.--- PROPERTY DAMAGE • -- S GARAGE LIABILITY AUTD ONLY. EA ACCIDENT S I ANY AUTO OTHER THAN EACH AGCIDE'IT��� _`s AGGREGATE: S EXCESS LIABILITY i f EACH OccuFtRewcE I s 4,000,000 A �r X UIeBRM_LAFORM ICUS201611 02/01/1999 02/01/2000 A=REGATE f w O"HER THAN UMBRELLA FORM Ik I I S B WORKERS COMPENSATION AND EMPLOYERS LUIBtLTTY ��� PARTWERS'EXECVttYE -- OFFICERS ARE EXCL 9979091301 ` : 03/01/1999 03/01/2000 TORV UM!I; I ! ER �"�� - --- EL EACH ACCIDENT f_� _-1,000,000 ��•••------•- �r -------.----- EL DISEASE •POLICY LIMB f « 1,000,000 EL DISEASE - EA EMPLOYEE ': S 1,000,000 OTHER DESCRIPTION OF OP�RA�oNSILOfrATIDNWEHICLESMPfC�NL IT€Ms. Certificate holder is named addtiona insured per CG2010 11/85 with respects to all operations by named insured. 0 day notice of cancellation for non-payment of premium. CERTFICATE IIQLD CANCELLATION -._ I MOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ,7CXXX AWL City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE MWERNAMED TOTHE LEFT, its agents,officers, & employees XH# P.O. BOX 190 i+(I�Akyc%�ABbG>f>dI>b�f�]ieXaPICX)0()OCX)OC Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE I Bill Tutton/GINA RATX)u 1. - POLICY NUMBER: GLS644082 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH ITS AGENTS, EMPLOYEES AND OFFICERS (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1992 ACORD CERTIFICA OF LIABILITY INSUR,.ACECSR SS CATE(M�rn WEEGE-1 06/02/99 PRODUCER Valley Insurance Service, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License# 0566246 861 South Oak Park Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Covina CA 91723 COMPANIES AFFORDING COVERAGE Steven Greenspan !j No 626-966-3664 Far No 626-966-3895 COMPANY A Safeco Ins. Co. of American INSURED COMPANY B Fireman's Fund Insurance Co. COMPANY C ITT Hartford Insurance Group Weeger Brothers Inc. Attn: Mark Weeger 15641 Product Lane Unit A-4 Huntington Beach CA 92649 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER COCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAUS. L CO TYPE OF INSURANCEI POLICY NUMBER POLICYTwEFFECTWE DATZ DDfM POLICY EXPIRATION DATE (MMOD/YYI LIMITS GENERAL LIAB:LITY GENERAL AGGREGATE f PRODUCTS . COMPIOP AGO f COMMERCIAL GENERAL LIABILITY CLAIMS MADE rx-1 OCCUR PERSONAL A ADV FUMY f EACH OCCURRENCE f CWI.ER'S R CONTRACTOR'S PROT FIRE DAMAGE (Any orw rim) s MED EXP (Any ww pwson) f B AUTOMOBILE LIABILITY ANY AUTO SA4313427C 02/02/99 02/01/00 COMBINED SINGLE LIMIT S1,000,000 BODILY N.lt1RY (Pa' P—) f ALL OWNED ALTOS X SCHEDULED AUTOS X HIRED Auros X NON-OWNEDAUTOs I.PFROVED AS 10 aII, H'JTTON. T �,3T: pQp`Ity F01V h City AttOT ty ).ttorne = BODILY INA RY (PHKaeaesnq : +1 y T PROPERTY DAMAGE s GARAGE LIABILITY ALTO ONLY • EA ACCIDENT f OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT f AGGREGATE f LIABILITY EACH OCCURRENCE11110001000 $UMBRELLA MUM FORM XEK83397547 02/01/99 02/01/00 AGGREGATE S 1,000,000 OT14F.R TITAN UMBRELLA FORM f WORKERS COMPENSATION AND' EMPLOYERS LIASRITY i - -- -- EL EACH ACCIDENT f THE PROPR:ETORI PART4ERSIEXECUTIVE REXCLI EL DISEASE, • POLICY LIMT Is EL DISEASE -EA EMPLOYEE f OFFICERS ARE OTHER C Inland Marine 72UECKA7287 02/01/99 02/01/00 Hired $100,000 Equipment DiSGR.PTIOY OF OP=4ATMDNSILOCATIONS(VENICLESISKCIAL ITEMS CERTIFICATE HOLDER CANCELLATION COHBO 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL D*DEAVG0.i MAIL 3 0 DAYS WRRTEN NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, City of Huntington Beach 2000 Main Street ORREPR_SEMIAUVES I AUTHOPoZEDREPRESENTATIVE Huntington Beach CA 92648 Steven Greenspan ACORD 25-S (1195) " ACORD CORPORATION 19M Lcir C oo. I have received Performance Bond No. 82816765,444abise Insurance Company / el.,k)7eta Labor and Material Payment Bond No. B2816765,44efie5fe Insurance Company Maintenance Bond No. B�/"eiln"surance2816765, Company For Weeger Bros., Inc. Re: CC-1084 - Construction of Fire Station No. 1084 Approved 6/7/99, E-12. Dated: '7 --) - 9 9 - .:PW , 1 I Premium $18,569.00 — Final Premium is Based on Final Contract Amount Bond No. B2816765 RELIANCE INSURANCE COMPANY H'LIAO OFFiCLr. P"1LACSLPP4tA. P_I414S`rLVANIA PERFORMANCE BOND The American Institute of Architect; AIA Document A311, FBbruary 1970 Edition. KNCW ALL MEN BY THESE PRESENTS: that (Here Indent full name and aodress or legal Lida of Contractor) Weeger Bros., Inc., 2124 Main Street, Suite 146, Huntington Beach, CA 92648-6443 as Principal, hereinafter called Ccntractcr, and, RELIANCE INSURANCE COMPANY, a corporation of the State of Pennsylvania, with its Head Office at Philadelphia, Pennsylvania, as Surety. hersinafte• called Surety, are held and firmly bound unto [Here Fnaert hill name and accress or local tide of Cwnerl City of Huntington Beach, 2000 :lain Street, Huntington Beach, CA 92648 as Ot:ligee.hereinaftercalled Owner, in the amount of Two Million Three Hundred Twenty -Nine Thousand and no/100------ Dollars CS 2.329 , 000.00 ), for the payment where=f Contrw-cr and Surety bird themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dazed June 7 19 99 , entered into a contract with Owner fcr Construction of Fire Station No. 6 (CC-1084) in accordance with Drawings and SCe-ifications precared by (Here arson full name and addressor legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract:. NOW, THEREFORE, THE 00NOITION OF THIS OBLIGATION is rucrh that, if Contractor shall promptly and fai:tfully perfor.-n said Cone act, then this ebligation shall be null and void: othefwise ►t shall remain in frill force and effect. The Surety hereby waives nctics of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, tre Owner having perforTed Owner's ctligations thereunder, the Surety may promptly reriedy the default, or shall promptly 1) Complete the Contract in a=rdarce with its terms and conditions. or 21 Cbtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the !owes` responsible bidder,or, If the Owner elects, upon determination by the Owner and the Surety jointly of the lower: e--=onsble bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there s.`tould be a de- fault or a suc^..ession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of co:npie tion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder,the amount set forth In the first paragraph hereof. The term 'balance of the contract price;' as'esed In this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto. less he amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two 12) years from the date on which final payment under the contract falls due. "Work is guaranteed for a period of one (1) year. See Maintenance Bond. No right of action shall active on this bond to or far the Lose of any person or corporation other than the Owrer name[ herein ar the heirs, executors, administrators or successors of Owner. Signed and sealed this 23rd day of June 19 99 Weeger Bros.. Inc. (Seal} iwitnassl By: resident (Two RELIANr4 INSURAN COMPANlY By &A-44-b-). Umj�) (Tine) Performence8ond APPROVED AS TO FORY:I Swisad to F,cruary,1970 GAIN, E iTL:.1, City Attortey Candy M. Uons, Attorney -in -:'act Sa 571sax III Printed in U.S.A. ecs-23o4ED.7.71 By: �•ep-tyC�lity Attorney 1/� 91fY OR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles sS. On June 23, 1999 , before me, Mark E. Shreckengast, Notary Public , Date Naqe am Too at Oy-cof (e.9 .'Jane Doe. Notuy Puokc ) personally appeared Candy M. Coons Names:! 01 Sq'er5ay I ° �tYiARK E. SHAECKENGAST a r,�,i Comm. #1106668 tot S ry11 �- hOTA; PUe''C • CALIFORMA S 2 �` `�'" !I LDS A.18ELES CCUNN 2 R/ Comm. E ICS W 24, 20M • .......:::............... 949*40*6000: P-000 Notary Seat AWve Otpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose nameW is/we subscribed to the within instrument and acknowledged to me that*;e/she/=y executed the same in Aiis/hedt.mk authorized capacity), and that by kis/her/t�iSr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hard and OPTIONAL Though the information below is not required by law, it may prove valuable to persons rel g on the document and could prevent fraudulent removal and reatra, hment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than gamed Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ individual _ Top of CMr<nD Here ❑ Corporate Officer — Title(s): ❑ Partner —Ci Limited ❑ General ff Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other., Signer Is Representing: 0 1997 National Notary Ae MS"I n - 93$0 De Solo Are.. P.O. Boa 2402 - Chanwwm Cak 91313.2402 Prod. No. 5907 Reorder. Cal Too -Free 1-500-876-U2T W Bond No. B2816765 Premium Included in Performance Boni Ci (DUMAITY • HEAP OFFICE. PHILACELPHIA, Pa NNSYLVAN1A LABOR AND MATERIAL PAYMENT BOND 71+e American Institute of Architects. AIA Comment A311. February IWO Edition. THIS BONO IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS. that (Here insert full name and address or legal title of Contractor) Weeger Bros., Inc., 2124 Main Street, Suite 146, Huntington Beach, CA 92648-6443 as Principal. he-einatter called Principal, and, RELIANCE INSURANCE COMPANY, a corporation of the State of Per'mlrania.with its Head Office at Philadelphia. Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (}sere insert full name and address or legal title of Ownerl City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 as Ct:ligee. hereinafter called Owner. for the use and benefit of claimants as hereinbelow defined, in the amount of Two Million Three Hundred Twenty —Nine Thousand and no/100---- Dollar3($2,329,000.00 ), for the payment whereof Principal and Surety bind themselves, teir heirs, execatars, administrators, successors and assi ns, jointly and severally. firmly by these prest:nts. WHEREAS. Principal has by written agreement dated June 7 t9 99 . entered into a contract with Owner for Construction of Fire Station No. 6 (CC-1084) in accordance with Drawings and Specifications prepared by (Here ;n+.t full name end addreu or legal 6tte of Architect) which consact is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Principal %hhall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in Vie performance of the Contract, then this obligation shall be void; otherwise h shall remain in full farce and effen, subject. howerer,to the following Conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or bon. used or reasonably required for use in the performance of the Contract, labor and material being construed to in- clude that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the _Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every daimant as herein defined. who has not been paid in full before the expiration of a period of ninety (901 days after the date on which the last of such claimant's work or tabor was done or performed, or materials were fumished by such claimant, may sue on this bond for the use of such c!aimart. prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner sha.'I not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: al Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner. or the Surety above named, within ninety I901 days after such daimant did or performed the fast of the work or labor, or furnished the last of the materials for which said claim is made, stating with submantial accuracy the amount claimed and the narne of the party to whore the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to thtPrincipal. Owner or Strtety. at any place where an office is regularly maintair+ed for the transaction of business, or served in any manner in whicn legal procen may be served in the state in which the aforesaid project is located. save that such service need not be made by a public officer. bl After the expiration of one (1) year following the date on M►hich Principal ceased work on said Contract, it being understood. however, that if any limitation embodied in this bond is prohibited by any law controlling me construction hereof such limitation snail be deemed to be amended so as to be equal to the minimum period of limitation permitted by such taw. cl Other than in a state court of competent jurisdiction in and for the county or other political vabdivision of the state in which the project, or any part thereof, is situated. or in the United States District Court for the district in which the project, or any part thereof. is situated, and not elsewhere. 4. The s'nount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, irh- clusive of the payment by Surety of mechanics' liens which maybe filed of record against said improvement. whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 23rd day of June 1999. Weeger Bros., Inc. {Snl1 Wnndpell tWimsal President rritse, (1Nitneal Labor and IWteriai Payment Bond Flevimd to February, 1970 SS 571Sax IZ Printed in USA t3'J R-230aA , E0.7-71 RELIANCE INSURANCE COMPANY Candy M. C s, +�^�`■=t APPROVED AS TO FORI1: GAIT. EUTTON . City Attorney By: Depl-ty City Attorney* IN CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof Los Angeles ss. On June 23, 1999 , before me, Mark E. Shrecken ast. NotarX Public Date Name ana Toe of Omcer (r.g.,'Jane Dw. Noury Pub.rt") personally appeared Candy M. Coons Names) Or spnertsl ' a a. a.i..ow.r..i. a+t..a.i..fa..af9fa..raa• MARK E. SHRECKENGAST' f C4`.4f,4. 06666 p 5 y ; NCTARY PL93UC • CAMR-MA S 2 '},, IAS ANGELES COWN 2 -� kh Gomm. Wres ,Illy 24, 2000 s •■aeafeeeaea.eie.ee.eeeeeeaalae•e..e• Plaoe Not" seat Above a personally known to me :1 proved to me on the basis of satisfactory evidence to be the person(s) whose narne(* is/a=e subscribed to the within Instrument and acknowledged to me that.U/she/" executed the same in 2isther&hs' t authorized capacity}, and that by kis/her/tom signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and OPTIONAL ' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ' O Individual 7pp pf frWmD ►+!" CI Corporate Officer --- Title(s): ❑ Partner —❑ Limited ❑ General L Attomey in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other. Signer is Representing- C 1997 Natonal Notary Association • 9350 M Soto Ave.. PO. Box 2402 • Malsworm. CA 91313-2402 Prod No. 5907 Reorder. Cal Tos•Fro* 1400476-M7 MAINTENANCE BOND Bond No. B2816765 RELIANCE INBVRANCE CO>�PANY_ "_ HEAD OFFICE. PHILADELPHIA. PENNSYLVANIA KNOW ALL MEN BY THESE PRESENTS, that we Weeger Bros., Inc. as Principal, and RELIANCE INSURANCE COMPANY, a Pennsylvania corporation, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the full and just sum of Two Million Three Hundred Twenty -Nine Thousand and no/100------- Dollars (S 2,329,000.00 1. for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with City of Huntington Beach dated June 7, 1999 for Construction of Fire Station No. 6 (CC-1084) WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH, that if within jeans) from the date of approval of the said contract, the work done under the terms of said contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain In full force and virtue, otherwise this instrument shall be void. PROVIDED HOWEVER, this Maintenance Bond is only furnished in accordance with the maintenance provision of the underlying contract. Signed and sealed this 23rd day of June . 19 99 Witness: _.� APPROVE!) AS ;0 FORM: G-1IL EJ:TO.I, • City Attorrey By:! Deputy C3tY Attorney 0/2 119� Weeger Bros., Inc. B PresMd��� .n.-Pal RELIANCE INSURANCE COMPANY Candy M. ns, sor;.2708 ED. 12192 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles 5s. On June 23, 1999 ,before me, Mark E. Shreckengast, Notary Public r Dam Nam• and Too of 0t:xar to q..'Jam Do•. "SfY Pu"I personally appeared Candy M. Coons Namwu W Sgrvr(a) r p MARK E. SHRECKENGAST: t;Ofrfft. #2106686 R 2 ,3 y Ar_TA.3YPWLlc.CAL1rCA�GA S � . �WS l44GELES CcuN7Y 2 w Nty,.Om. Ewres J424, 2U - •...as•••••••••a••••sa•••••••o••••••s Ptac• No" Seal Above Cx personally known to me L proved to me on the basis of satisfactory evidence to be the persons) whose nameW islae subscribed to the within instrument and acknowledged to me thatU/shel=q executed the same in Ahimlherhl±bia�x authorized capacity¢ a*, and that by kis/her/thek signature(s) on the instrument the personka), or t;'te entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my Mnd a: OPTIONAL Though the informa'ion below 1s not required by law, it may prove valuable to persons relying on the domme,71 and could prevent fraudulent removal and rea 7achment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Number of Pages: Signer's Name: `""' '' ' O Individual Top or r""a we ❑ Corporate Officer --Title(s): ❑ Partner — ❑ Limited ❑ General OX Attorney in Fact ❑ Trustee © Guardian or Conservator ❑ Other. Signer Is Flepresenting- _ O 1921 Na-*nal Notary "sooation • 9350 D• Soto Ave.. P.O. Bo: 2402 • Chatsve0M. Ca 01313.2402 Prod. No. S907 Roord•r. Caa Toa•fn• 1-00"764W RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA. PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY Is a corporation duty organized under the laws of the State of Delaware, and thal RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duty organized under the taws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a Corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Candy M. Coons, Marie E. Shreckengast, of Los Angeles, California their true and lawful Altomey(s)-in-Fact, to make, execute, seat and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s)-in-Fad may do In pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNOERTAKNGS 1. The Bond of Darwon, die PmWkm. dw Clokmw or *-c Band. any Sm V ke prsidem. my Yoa Pr idem or Ani nm lime Pmkleov or alrr of uw de%*v and y On Board of Dvwwn AA ba+w pmw sad awthority 0 W 14Pi I Amaaeyrt}fa.Fact and m wbwire them eo nwm an bthalf or dw Company bands and Werukiep. retopimm- a, ooa x" of edemaky and odw wrkkgz nWigaia y I. doe same d erwi. sae (b) m remove any web Anorwy(s)- -Faa at uy des and revoke dw pow" sad modwiry Bivm w duo,. 2. Amaw),W-ia-Faa doll have p"w sad audioiy. aubjat w du kris amd fimimesoaa of dr idea of Aatar my Yrued w *Am. m exam nW delitwr oe behOf of dr C"Pnny, boob and radamkkWL ".,mumis, wowwm or kdemmq vW oekrr w muW oblilmy In dsve m mm ibmof. Tba oopwm real k as ramumy nor on vWkn of ay dada and wulaukiop rmMmiaLam, emaoacu of kdem dy awd ode" mow oWipwry In de wore t ama 3- A—y(j)-bb-r- abalr haw pow and wwwr ty w amcm afr kou rm kw w w atased w bows, recoaniswoa, aarrrat. of kdrneup a otb" meditioea or owwary M&nALop and dwy tlw,p a w Maw power and aarharity w ord} dw fkamcw p4tua m of dw Company and tm copes of dm ay -Lon of dre Cangany or any utids" owtm dt"aar. Thu Po•"or Ataortry i seared awd sealed y faaimil• rod" ud byy o(tba rbllmwitq nmimiew adoped br des Eaeaaiw a•d Fimrra Caremkteta of dr Bcvda of Diracaon of lldiamoa 6rarasa Co�aq. tiaimd Panrrc hrmaua Compay ud Reliaeo NuimW lo&t ,cy Company by Uwaimoo Corer dated m ofFebrwy 2S. 199a ud by d* Ea«wi" sad F&umW Ceramioaa of dr Baud of Drramn of Bdiom Survey Compuey by Unwomme Comm dosed r of afanb 31. 19%. 'Raaolwd dar •a sgrrnra of rch dkaemn and orrma and dw lei of dr Coepaay say be afrtaed ao oar ouch Toaw of Amoray or ay a r irrww atatiij deem by haiwik. and any sacs Pow" of Aawmy or owuriaw Ww* DO htaimik rraamwo or hawk ae8 rha11 be valid aid bia&% Wm de Company and any %" Paver so etwwaed ad ar6ried by hawk aismmis ` _ - and haimik ael aball be slid and bindiq Wm dw Compaq, is dw rotors rids tapes b My bond or w4aukiog m wbkb k is aoadeV IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this October 1,1998. •��r r� (9;OX .t 00-1, vivo, i •o¢►r1�r e� a•4�O+Po�0'Y+ EAvS•e= � ""s • STATE OF Washington ) COUNTY OF King ) as. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this, October 1,1998. before me, Laura L Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company. United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing Instrument for the purpose therein contained by signing the name of the corporation by himself As its duly authorized officer. In witness whereof, I hereunto set my hand and officlaf seal. fil6 PtJ!lliC lFbl�4t Notary Public In and for the State of Washington Residing at Puyallup I, Robyn Layng. Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY. and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which Is still in full force and effect IN V%TNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23rd day of i 4SEAL '/O,•'� raa• I � \ J ' rate sS�`�c'o►f+ e �r.�..•� Ys,w,PB4�+anr+'r der • �� Assistant Secretary June yearof 1999. SECTION C PROPOSAL for the FIRE STATION NO.6 — EDWARDS from CASH CONTRACT No. 1084 in the CITY OF HUNTTNGTON 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 the selected working day schedule, starting from the date of the Notice to Proceed. L 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 L 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 a the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. L f C_1 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. Accompanying this proposal of bid, find Bid Bend in the amount of S 10% cf bid 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 'Dat&Rece- Ive-d --Bidders-S' 191iature- 01 05/14/99 02 05119/99 Bulletin 05124/99 C-2 J 4- IZM PROJECT BID SCHEDULE TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ 2. TOTAL AMOUNT LUMP SUM BID IN WORDS: Q *oft GFevv j6ree, *oe dt(aea 1�GCt4A C-3 N LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion of Work Name of Subcontractor and Address State License Number Class Earthwork Site Concrete Rough Carpen a ine s Millwork L© `����✓ Structural tee Misc Metal /cC Reinf Steel f/CcL�C /.✓A Fe 5fsc �•..1 T Masonry & Stone Veneer i /viv / -e-29 V Insulation Bldg Fire D cc yRprinkler Bldg Plumbing 1-1.4 woe C Le-vaoi- Site Plumbing A9 qWttAv HVAC Electrical Lath & Plaster l iU$ y L �C4N 5 i /G S �. �L/r1 vk%, t Gyp Board t% By submission of this proposal, the Bidder certifies 1 That he is able to and will perform the balance of all work that 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-4 4, 1.' /9. /9. cz• al. Qa A6. O? dl 27 29. 3c- LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion ,. „c of Work Name of Subcontractor and Address State License Number Class Tile Roofing i hJ�gi lZOc/ MIS Sheet Metal Window Sys & Painting & Ceramic Tile �FVC.*e,A 71L � dAN NNyS Carpet/ v!Z A Epoxy Coating System e- Liqui Gas Vapor Barrier j. ��R Overhead Door;e, 4L Ov'�! :� � f�•c. S. �G T Traffic Signals jr� AFf��" J ^V&4eteo, LAut'e cs �q y y �►.�,v d 1v�.✓ J P c% ����•✓r� C'JPpw.v By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that 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. CA LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use Type of Matenal or Product Name of Vendor Address of Offwe and Telephone Number and Models s Number Cow V NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Mark T. weeger , being first duly sworn, deposes and says that hem is president o9eeger Bros.Incthe party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded; conspired, connived, or agreed %i7th 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 fLc the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this NOTARY PUBLIC � tt\ltitit\1t11 t �. ��1�G` l\` ti1 tikeeger Bros., Inc. Name of Bidder 2124 Main Street Suite 146 Address of Bidder Huntington Beach, CA 92648 25th C-6 day of MaY ,19 99 W 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 FIRE STATION NO.6 — EDWARDS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: May 25, 1999 Weeger Bros., Inc. Contractor President Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XX 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-x 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. Date: May 25, 1999 W L Weeger Bros., Inc. Contractor President Title L L C-9 L BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Lrgers __'_ Inc Bidder Name 2124 Main Street, Suite 146 Business Address Huntington Beach, CA 92648 714 536-3854 Telephone Number 417715 A, B, C8, C12, Am, C5 State Contractor's License No. and Class ~' 02/03/1982 Original Date Issued 02/29/2000 Expiration Date L L G i L L. The work site was inspected by Creg°r' J. V"er of our office on May 06, ,19 9 The following are persons, f=s, and corporations having a principal interest in this proposal: C-11 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, R=ciaUy or othenNise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Weeger iros., Inc. _ Company Name ; Signature of Di Mark T. Weeger, President Printed or Typed Signature 2124 Ma iF , CA 92648 Address of Bidder 714 536-3854 Telephone Number Subscribed and swom to before me this 25th day of _ may 119-92---. NOTARY PUBLIC C-12 NOTARY SEAL L L L 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: ` SM AZTAC3M PRCOB= 1EISTK Y Et CURFdM Arm C MPZE M PiaC1TF7Ci5 Name and Address Name and Telephone No. of Project Manager: { 1 Contract Amount Type of Work Date Completed 2. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address Name and Telephone No. of Project Manager: { } Contract Amount Type of Work Date Completed C-13 PROJECT COMPLETION HISTORY Kinoshita Flementary School „ , ,_ __ / Completion Expected in January_2000 Owner: Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, CA 92675 Architect: PJHM Architects Southwest 647 Camino de los Mares, Suite 201 San Clemente, Ca 92673 Contract Value: $6,185,000.00 C.O.: Contact: Mark Bauer (949)489-7000 Contact: Robert Lenz (949) 496-6191 Percent of Contract: Description: Single story, one building, 41,813 sq. ft, wood frame, glue laminated beams, wood webjoists, concrete block wall, gypsum sheathing, steel windows, built-up and tile roofing, operable interior partitions, resilient floor finish, carpeting, wall coverings, specialty flagpole, playground equipment, shade structure and pipe frame vehicle barrier. Huntington Seacliff Flementary School / Completion_ Expected in August 1999 Owner: }Huntington Beach City School District 20451 Craimer Lane }Huntington Beach, CA 92648 Architect: Y'Deen/Associates, Architects 3350 E. Birch St., Suite 201 Brea, CA 92621 Contract Value: $6,754,000.00 C.O.: Contact: Frank Blonska (714)964-8888 Contact: David Y'Deen (714)524-6396 Percent of Contract: Description: Single story, 5 buildings, 50,000 sq. R, wood frame, glue laminated beams, wood joists, spread footings foundations, methane gas vapor barrier, slab -on -grade, stucco wall construction, built-up and tile roof, gypsum board interior walls, skylights, and all interior finishes, hardscape playground, turf field, parking lot and ornamental fencing. PROJECT COMPLETION HISTORY Tenant Improvement - Garden Grove Hip -her Education Center/Completed September 1998 Owner: Coast Community College District 1370 Adams Avenue Costa Mesa, CA 92626 Architect: The Blurock Partnership 2300 Newport Blvd. Newport Beach, CA 92663 Contract Value: 102,500.00 C.O.: 0 Contact: Ardith Richey (714) 4324646 Contact: Dan Nolan (949)673-0300 Percent of Contract: 0% Description: Construction Management for Tenant Improvement. Scope of Services includes preconstruction phase, construction phase, management of prime contractors, provide general services such as; field office, temporary fencing, temporary toilets, temporary phones, temporary electric, trash service, site barricades, signage, full-time supervision, mobilization, final cleaning, coordination of submittals, R.F.I.'s, weekly site meeting minutes, change orders, punch list, etc. Clearwater K-8 School Substantial Completion on July_6,1998 Const. Mar.: McCarthy Brothers Co. Contact: Chuck Boothe 100 Bayview Circle, Suite 3000 (562) 531-2905, Job Newport Beach, CA 92660 (949) 854-8383 Owner: Paramount Unified School District Contact: Gene flartline 15110 S. California Avenue (562) 602-6025 Paramount, CA 92723 Architect: L.P.A., Inc. Contact: Brandon DeArakal 17848 Skypark Circle (949) 261-1001 Irvine, CA 92614 Contract Value: 3,871,812.10 C.O.: 4 Percent of Contract: 9.7% Description: 41,000 sq. ft. Elementary School, Single Story, wood frame, plaster exterior walls, gypsum board interior walls, built-up and standing seem roofs, includes site improvements and play areas and all interior finishes. • " �ROJECT CO\ZPLETION'--� HISTORY Multi -Purpose Building to Royal Oak Intermediate School/Completed April 21, 1998 Owner: Charter Oak Unified School District 20240 Cienega Avenue Covina, CA 91723 Architect: John Von Szelski R Associates 711 W. 17th Street, Unit A-8 Costa Mesa, CA 92627 Contract Value: 2,502,686.32 C.O.: 13 Contact: Katherine Tollefson (626) 966-8331 Contact: Greg Tate (949)722-9452 Percent of Contract: 5.7 % Description: 1 story, 16,000 total sq. f1., 240 seat theatre with tiered floor and large flat floor dining and multi purpose assembly room, building partially air conditioned, structural steel frame, stucco wall, aluminum window, sound reinforcement system equipment, stage lighting/dimming system, stage curtains, site concrete and landscaping. Garden Grove Higher_ Education Center/Completion Date_ofJune 5, 1997 Owner: Coast Community College District 1370 Adams Avenue Costa Mesa, CA 92626 Architect: The Blurock Partnership 2300 Newport Blvd. Newport Beach, CA 92663 Contract Value: 6,270,808.63 C.O.: 5 Contact: Ardith Richey (714)432-5707 Contact: Bob Bender (949) 673-0300 Percent of Contract: 5 % Description: 45,000 s.f., one building, 4 story steel frame, drivit exterior finish, window wall system, metal stub, drywall, interior finishes, including terrazzo floor,'- bar ceilings, and cabinetry, site improvements including raised planters, landscape and site lighting. Mike Case Classroom Wine a Ethel Dwyer Middle School/Completed December 21 1995 Owner: Huntington Beach City School District 20451 Craimer Lane Huntington Beach, CA 92648 Architect: Y'Deen/Associates, Architects 3350 E. Birch St., Suite 201 Brea, CA 92621 Contract Value: $3,752,891.00 C.O-: 6 Contact: Frank Blonska (714)964-8888 Contact: David Y'Deen (714)524-6396 Percent of Contract: 1.7% Description: 3 story steel frame, plaster exterior, steel stud and drywall, interior finishes, kitchen, 10 classrooms, lab casework and site improvements. . dr- V BID BOND KNOW ALL BY THESE PRESENTS, That we, Wee er Bros_ Inc. of 2124 Main Street, Suite 146, Huntington Beach, CA 92648 (hereinafter called the principal), as Principal, and Reliance Insurance Company (hereinafter called the Surety), as Surety are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the penal sum of Ten Percent cf the Bid Amount - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------------------------------- Dollars(S 10%of Bid Amount ) 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 Cash Contract No. 1084, New Fire Station No. 6 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 is required, with surety acceptable to the Obliget for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 25th day of May- _ 1999 Witness Witness Weeger Bros., Inc. (S:ai) Pritcipal Title Reliance Insurance By 14 (- E. Shreckengaik ` Attorney -in -Fact S-00531GEEF 7198 CALIFORNIA ALL-PURPOSE ACK'ONNTEDGMENT State of California County of Los Angeles On May 25, 1999 , before me, Candy M. Coons, Notary Public, personally appeared N3ark E. Shreckengast a rrar�arrrrrar��e�������-+���rr��r��• CANDY M. C00us c + #, COUM. #1195631 q c NOTARY PUBLIC - CALlFCRmik $ LOS WELES C01:Nry 2 X'y Cornm. Expires Sept. S.2M - • sr�+raarrrrr�rrr�r�r�prrrrrrrr�rri Place Notary Seal Above Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Optional my hand and official Signature of Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual w Corporate Officer - Title(s): ~_ partner Limited General X Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: Number of Paves RELIANCE SURETY COMPANY '-"fiELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOWALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duty organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the taws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY Is a corporation duly organized under the laws of the State of I Wisconsin (herein collectively called "he Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint 1 Candy M. Coons, Mark E. Shreckengast� of Los Angeles, California their true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fatty and to the same extent as V such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies ' and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s)-in-Fad may do In pursuance hereof. This Power of Attorney Is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect reading as follows: } ARTICLE VII . EMCUTION of eONOS ANo UNoERTAKINGS I. The Dowd or Directors. dr Ynaideat, for Chairman of dw Board. soy Senior V"o Fresideat. any Ywe Presided or Araisnr Yct Fnnitim or r6or drier dnipwad by dr Dowd of Daecom *AN bsva ' pvw and mc&mrity to(a) appoint Atewwy(s)- tFaa and b au&mbe On w raeci se too behalf of M Company. bocci fact mderutiop. rocolnimumm coon a[d d imdemairy ad Orbrr writinit nblidaaxy is � farts I Oerml. fact (b) tt meow any such Atoon-1( -i Faa ar my rime and revoke de poser and authority dive a dwa. 2. AmrTry(.)-imFaa dap bavw power ad wnh". subject a dhe We* and limiwriar of dr Pow m(Anmeey 6wed m duce, n wrcwe and deinv w behalf of Ike CmWa", b+da and whwukimp. secodtuiaancn, eurcaca o< iudcmary ad a&m .niisp absiptey {n 4a daiYa 15mwf• The mrporm teal Is so atensry for dce validity all Lay boada and saderuWap "aawx=. todwae4 of l airlaw y and odor wr unp ablTamry In the sun ow & vof. 2. Ataxme *4wFaa dap bevy power and /udoriry to eaacum idUevin rewired to be wocbed b bask, recadnaanea. coonm of irdemairy or odw erdirkaal or obiidaoy tadertakiop and dary Thep also have peecr and andwity a car* ds Ifaarcial stuemew of &e Company and so oopiea of tM By -Lars of he Ca"" or any ruck or maim &ereof. Tkh flower of Ascrary Is signed and sealed by Wa mila ondr and by adhority d dr Wnewinj sa mivame okped by do Eaduivs tad Finsocw Commialei of Ike Boords or Dkenors or Rrliatcw Imuranee company. United PaciRc Intrtace e4mp.my aad Reliance National Indemnity Company by Unafmo s Consent dared as of Feirrry 21. 1994 ad by &e Erieeutive and Finaacial Commaw or da lord of Direnms of Rdknee Surety Comply try Ua"Was Caesem 604 a of Mardi 31.19%. 'Resdwd dui de agcrturn of such diecars and ofrrm and the wal of dr Company asy be afrued to any ouch rower of Amaey or a" 0" icates relrira &weft by 6aimik. and my nda fo-v of Ammer of a mfiiraae l -' acacb faaiu+le sitamm or hairade anal shall be valid and bo dw4 upon &a Company wd any such Pon a w taeard and owdrwd by haimik signatures wall &-imik aul shall be valid sod biadirtd upon die Company. Ie the fiaun with respacc a my bond or rdertalLiq b wbkh it •a =ached-' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this October 1.1"S. }` svea .� I'r"wi ernr.4 �N+pE i •p�►O,�f a � J�, wro.ee � � 9✓�4;i r 1 s F ia41954r0 ` r99s v tr i �cbtie'� i araaw.e� �..na•8lhan.�a .rr a ,}� STATE OF Washington ) COUNTY OF King ) is. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this. October 1,1998. before me, Laura L Wadsworth, personalty appeared (Nark W. Alsup , who acknowledged himself to be the Vice President of the Re!llaioe Surety Company, Reliance Insurance Company. United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do to, executed the foregoing Instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof. I hereunto set my hand and official seat. lrt� !�Z> Notary Public in and for the State of Washington w Residing at Puyallup - I. Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY. and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which Is still in full force and effect IN LVITNESS WHEREOF, I have hereunto set my hand and affixed the seals of saH Companies this 15 t:h day of MaY year of 1999 6'"po i te i SF.At. $m1 ° yn+ S rcorsa 1 ' l.ssistant Secretary j � y FCEIV D t1 7 CITY OF n1 � 1 7'1 i'i ie v Lr r 4 J I WXEGER BROS., INC. �. 2124 MAIN STREET, SUITE 146 HUNTTNGTON BEACH. CA 92648-6443 SEALED BID or FIRE, STATI N NO. 6 - EDWARDS A the CIT]t OF . IIUNTZNGTON BEACH DO NOT OPEN ITH REGULAR [MAIL I t RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH. CA iggq PAY 2 S P 2: 01 RECEIVED CITY CLERK; CITY OF HUNTINGTON BEACH. CA FAY 25 P 2: 00 r RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH, CA Igal VAY 25 P I. 54 i 0. COPIES TO: ELENI, GENEIL FIRE STATION .NUMBER d 18590 EDWARDS CC-1 084 May 25, 1999, 2:00 PM (Engineer's Estimate: $2.4 Million) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Adams/MaIlory Construction $ 2. AMD Construction $ asi� Doo 3. Amelco Construction $ � 3q6 ado 4. APR Masonry Arts Corp. $ 5. AR Willinger Co, Inc. $ 6. Biltmore Construction $ 7. Century Construction $ 8. D and S Fueling $ 9. Emae International $ � 443.30-741 $ 10. EMMA Corp. 11. Ford Engineering $ 12. Franklin Reinforcing Steel Co., Inc. $ 13. Great Western Contractors, Inc. $ 39, a3 14. LA Contractors Is a Vo odo 15. Metro Builders $ Page one of two Lq% M CC-1084 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 16. Projective Development $ ,3 DS8 00 p 17. Rine $ 18. SMC Construction $ e2 3 9 7S 19. Weeger Bothers $ OZ.) 31Q y 000 20. Woodcliff Corp. $ 3 &00 COD Page two of two 12108v16 PROOF OF PUBLICATION STATE OF CALIFORNIA) } SS. County of Orange } 1 am a Citizen of the United States and a �`—'—_�--�rne-A��N� SECTION A hemby - resident of the County aforesaid; I am I � a Brmatneiy ensures that mi- r%OfWjbus5nessentermses over the age of eighteen years and nota , for Ow .- _-_ i —FIRE w,g -t e� full op- portube to submit bid4 in party to or interested in the below STATION s-FawACT response to Iins notice and wqt not be discrtmmated CAM CONTRACT CA tulainst on the basis o' entitled matter. I am a principal clerk of "�;,, ram. color. x, nattonal OnIr ancestry, hex, pr reFgmOn N the HUNTINGTON BEACH INDEPENDENT, a CITY OF dos. a 01 t �� newspaper of general circulation printed HUNT►"GTON BEACH PUBLIC NOTICE IS the No bid shag be con - sidered unless It is and published in the pity of Huntington HEREBY GIVEN Vol CITY OF HUNTMTO%% BEACH. AGENCY, in- red on the approved l°n� in con - Iorn►anoe with InsiruC- BeachCounty of Orange State of as "` o' seated b'd`'"' above -stated QroiecS erflj the �°" so Bidders. The bid must be a000rn- , , California and that attached Notice is a r i,res`>cr'bldexttlre o,l,ce d the Gty�C 4*. � ~,3 W4 Dito true and complete copy as was printed °"° P,por• Z004 IA.itt Street, Ill to t1 Beat ll, mad de pay b Ow .AG�cYforanamountno lees Shan 10% of the and published in the Huntington Beach �C =� Pm �n y "tb� The and Fountain Valley issues of said 25. 19". Bids Will be put)- suooessftd bidder own In t„e C miricif ''�' to ticat� „ ac- nev rspaper to wit the issue(s) Cha<nbers unless other• wCopiiesseof vorft" With Provisions of the Business and i of: the Plans. Saecitimlions, and con- Professions Code and sfieg possess a State Con- tract d3cumenis are avail- MOWS Licefise Class at April 22, 1999 able from the oflrce of the D.ma,r a Pubti;, works. i the Sims M* eoltrect IS awarded. The suc essful A ril 29, 1999 p 2000 Main Streot. Hunt- Ington Beach, CA 92W. upon payTent of a $150.p0 C,omraaorand Itis50Mn- tractors required pOYaa� May 6, 1999 nonreturidable fee if piked up. or payrrment of a 5.80.00 nonrefundable fee t+or7 Vw AGENCY. A movdaWy pre-b,d n '9 and tMwr•thrpirph 0 mailed. d trq she rrtal a hale on Thuromy. May 0. 1"9, et Any oor4. act entered into 10-M a.m. (mael on sea). declare under enal of perjury, that - r P rY P J rY� pursI o to the provinoWsiWire (npprpOrate the PrOvkStOns k Is putpoee os l car - � bd doCunynis, reCety ing the foregoing is true and correct, « me SO-* Labor Code. Pursuant tv me provisrons bidder gAsaons and raiiiewaig #w area. DI me Labor CoCe of ilia Pwa rafif lO the s7lerided State o! Ca4lfitnia• tf►6 min- PirbHC Contract Cade imum pre,reiiW0 rele d Ile► Secuon 3400. Cortractors diem wages for each daft. are NOV retp4md to submit Executed on Mav 6. 1999.r. Claif4iCatrCV1 or type of S%Oalialaon requnts for needed to ex- ;eglreirrlrldlneWorsyMms at Costa Mesa, California. at acute the corerect shag bei 12 AS poor to word of the Con - � �>i sped- ,0 Of7 of the State of Cal- , No autatlHbOri regi�asd ,forma. rrhirit lire on Ift at WO be corrlderod after the OMlps of the D-reclor of was of the eamtraet Pu1Iic Woms, 2030 Main "got MacAptfon: Swept, Hurlis�gton Beach, Tto oak fricludes a new. CA t32A4t3 13,000 sit, The AGENCY wN do" on-site im- a 10% rek-reion from all pregress payments. The prorerriier" and oil -silo Im- proranisnts Induoiny a V 1:ornr 1 may suDstitule cri wrowder aurery of EQ jai value tothe telentr�tl r lit accorW" weh the new traffic sigripi a re famd work- • The Projscf schedu% k 2Wworlsndays Signature Q ovisons of the Cafdomia , FFrUwrmerd • The En"g ens estimate Code, Section . 45W. The Contrad•or shag te beneficial owner of Eureiy and shad receive arty interest mdreon. _ I for Cie work MkKW in the Contract is S2.4 md4on. Ail grlestiorts Shan be throe to McGrath. i AI.r4, (a05) s43 i794. The AGENCY reserves me fight to reject any or an Jr -bids• to wwve arty and Io take all b s tinder a:msemenl for a maximum period of 50 days_ BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CAUFORNIA the 1st day of Vwch. 1999. Afloat: Connie Brockway CfrY CLERK OF THE CITY OF KMTWGT0N BEACH Published Huntington Beach -Fountain Yafley In- dependert April 22. 29. May 6. 1999 044-ors SECTION A NOTICE INVITING SEALED BIDS for the FIRE STATION NO.6 — EDWARDS CASH CONTRACT No.1084 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUN 11NGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on May 25, 1999. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $150.00 nonrefundable fee if picked up, or payment of a $180.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidden. )ay-A,6/,/- A A=1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no Iess than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractoes License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A mandatory pre -bid meeting and walk-through of the site will be held on Thursday, May 6, 1999, at 10:00 am. (meet on site), for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after award of the contract. Project Description: The work includes a new, approximately 13,000 s.f. Fire Station, on -site improvements and off -site improvements including a new traffic signal and related work. • The project schedule is 200 working days. • The Engineer's estimate for the work included in the contract is $2.4 million. All questions shall be directed to: Mary McGrath, AIA RRM Design Group (805) 543-1794 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the I' day of March,1999. Attest: Connie Brockwav 1 f CITY CLERK OF THE CITY OF HUNTiNGTON BEACH A-2 is 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 Iegibly 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 tQ a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineation, 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. The contractor shall submit to the agency for approval, prior to the first partial payment on the project, a complete breakdown of the bid price, by the divisions and principal subdivisions of the specifications, for use in checkibg progress and partial payment request. 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 worlQng days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall 10 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 IM 4. Delivery of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for FIRE STATION NO.6—EDWARDS in the CITY -OF HUNT INGTON BEACH — DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidders 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. S. 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 10164. 9. References ' All reference information called for in the bid proposal must be submitted with the bid proposal. 10. Listing of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractors total bid. 11. Discrepancies and Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work mast be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. 11A. Interpretation of Contract Documents If any firm contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other Contract Documents, or finds discrepancies in, or omissions from the drawings or specifications, they may submit to the Construction Manager a written request for an interpretation or correction thereof not later than nine (9) calendar days before the date bids will be opened. 'Ile person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the Contract Documents will be made only by Addendum and will be faxed and mailed to each person receiving a set of such documents. Owner will not be responsible for any other explanation or interpretation of the Contract Documents. IN11B. Requests for Interpretation A. The following page is a form titled, "City of Huntington Beach Fire Station No. 6 — Edwards Project". Bidders are to use this form to submit- written requests for 10. interpretation or corrections by fax to the City's Project Manager: Douglas S. Stack, P.E. Id Public Works Department City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Fax: (714) 374-1573 To expedite the interpretation process, all interpretations will be faxed to bidders as addenda with follow-up hard copies delivered by mail. B. All information must be filled out on the form as pertains to the Contractors information: Company name, address, phone, fax number, contact person, date, and time of request. Questions or Requests for Clarification are to be printed or typed on these forms. If bidders have several questions that will not fit on one form, the bidder is to photo copy the form, number each page, and submit multiple forms. 11CDeadline for for Interpretation All requests for interpretation must be received by May 18,1999, at 5:00 p.m. or by noon of the tenth (14`h) calendar day preceding a bid date revised by addendum, whichever is later. Contractor to review bidder instructions. B-3 1 City of Huntington Beach Fire Station No. 6 -- Edwards REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS Date: Time: Company: Contact Person: Address: Telephone: FAX: Plan Sheet: Specification Section: W]FERPRETATION REQUESTED: REPLY: TOA/E: • 12. Equivalent Materials . Requests for the use of equivalents to those specified, must be submitted to the AGENCY in accordance with Section 01030 of the Technical Specifications. Only substitutions approved prior to bidding via addenda will be considered No substitutions will be considered after bidding and contract award. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions; provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least Ikthe minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial IkRelations of the State of California. 14. Project Bid Schedules and Award of Contract The AGENCY desires that this project be completed in the shortest, most economical, construction time schedule allowed by the project funding. The award of contract, if made, will be to the lowest responsive bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the general provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder`s guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission of Bonds and Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 worldng days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. Builder's Risk and Installation Construction Coverage Contractor will procure, at no additional cost to the City, a "Builder's Risk and Installation Construction coverage" insurance policy for the work of this contract. Coverage must name the City as insured and shall include all perils coverage and a face value equal to the contracted amount for such work. Such policy, to be obtained after acceptance of bid, must be approved by the City Attorney and on file prior to the execution of the Contract by the City, 20. Mandatory Pre -Bid Meeting and Wall: -Through A pre -bid meeting and walk-through of the site will be held on Thursday, May 6, 1999 at 10:00 a.m. (meet on site), for the purpose of reviewing bid documents, receiving bidder questions, and reviewing the site. 21. Bidder's Experience and Qualifications Bidders shall have a minimum of five (5) years of successful prior experience performing the type of work required by this contract. Bidders failing to demonstrate the experience may be rejected as non -responsive. Additionally, failure to complete the proposal's Contractor's Qualification Statement may also be rejected as non -responsive by the AGENCY. 22. Additional Plan Sets At the bidder's expense, additional plan sets may be obtained from: HB/BluePrint 1615 Alabama Street, at Adams (714) 536-2593 Proof of original purchase of one (1) set from the City of Huntington Beach must be provided to the blueprint company in order to receive additional plan sets. 23. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: A. Protests based upon alleged defects or improprieties in the bid documents shall be - filed prior to the date of bid opening. B. All other protests must be filed within five (5) calendar days after the protester knew or should have known the basis of the protest, but no later than five (5) calendar days after the AGENCY'S award of contract. RIM • SECTION C �. PROPOSAL for the FIRE STATION NO.6 — EDWARDS from CASH CONTRACT No. 1084 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUN INGTON, 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 km=ce 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 the selected working day schedule, starting from the date of the Notice to Proceed. i L 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 L 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 prescn"bed will result in forfeiture to AGENCY of • the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the i 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 t govern over extended amounts, and words shall govern over figures. L c-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filmg 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 Accompanying this proposal of bid, find Bid Bond in the amount of $10% of bad 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 Addeird Nv, M -Date Received r - Bidder's Signature i" 01 05/14/99 02 05/19/99 Bulletin 0 5/ 2 4/ 9 9 - C-2 L L R i �t 1 L L PROJECT BID SCHEDULE TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ .2�3,2 Dc�• TOTAL AMOUNT LUMP SUM BID IN WORDS: trip mt G(y wywir-eC. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion ?f Work Name of Slubcontractor' and Address ` - - - - - --� . -• -� = RateI tcense- � Number Class ; . Earthwork Site Concrete Rough Carpen a me s & Millwork LOZ-F3�.(�j �OtO.✓ � Structural tee Misc Metal /cc %r�L /'tvieitT•q Reinf Steel)0'AQA,JC'1- IA-1 Masonry & Stone Veneer �vni �i9 P�•� Insulation .� %�+.� AIL 1 �t Di✓? � Bldg Fire Sprinkler _ jOZ- y 40'r 1 "q Bldg Plumbing Site Plumbing HVAC i�2 X)2% 5/A Electrical e ti zz Lath & Plaster l "j;7a L Gyp Board 17 By submission of this proposal, the Bidder certifies 1 That he is able to and will perform the balance of all work that 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-4 r / 7. ;27 29. 3�- LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion - `;. Name ofEubcontraybri and�lddress `� �.i•, •u:; '-State'License-.Y= Class - o li�ork.>` ._ ., - _ - - ` _ . a , _ , Y . �.._ Numb& `!V� .R -i5 � �•• � M :. �ti- � r ,� • . .� �` i !� ;� hs.� v _ 1.^'P� �_��1•- f^t i � Tile Roofing `G'S%A M.,S,4 Sheet Metal Window Sys & 0 Zf� Painting & Ceramic Tile IFuQ*-A T[ e Carpet UOV/ ll e l l 7 posy Coating System /�%X��f�tJ,tJc� tFr,SpG fSr P —URq_u1­d7Ua_s_Varor Barrier 1 Q V T Overhead Door Traffic Signals G� /Ffi•� si%wT4^� Lc��rP.cS !�y 9 M�.✓,v Ivc..� J P e y By submission of this proposal, the Bidder certifies 1 That he is able to and will perform the balance of all work that 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-4 L LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use ` `— Name o Vendor' A& ress o' ' a and Tele honeYumber Type;"of MatenaF or Product I-andMode! s Nymber(sj C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUB `YITII BID State of California SS. County of Orange Mark T. Weeger , being first duly sworn, deposes and says that hem is President oPeeger Bros . , Incthe party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded; conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a 60'llusive or sham bid. Weeger Bros., Inc. Name of Bidder _ r4rm 2124 Main Street, Suite 146 Address of Bidder Huntington Beach, CA 92648 Subscribed and sworn to before me this 25th day of MAY ,19 99 NOTARY PUBLIC w - i �•• � , 1, � � . 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 FIRE STATION NO. b—EDWARDS, (l)(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 compan} s requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: !Lay 25 1999 Weeger Bros., Inc. Contractor President Title C-7 DISQUALIFICATION QUESTIONNAM In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAME Has the Bidder, any officer of the Bidder or any rmployee 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? 0 Yes MCNo 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-8 _ 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 insuredagainst 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. Weeger Bros., Inc. Contractor By Mar T. er President Title Date: May 25, 1999 L C-9 L r a L L I' L I i i L BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �W gger Bros_, Inc_ Bidder Name 2124 Main Street, Suite 146 Business Address Huntington Beach, CA 92648 714 536-3854 Telephone Number 417715 A, B, C8, C12, AM, C5 State Contractor's License No. and Class 02/03/1982 Original Date Issued 02/29/2000 Expiration Date The work site was inspected by Gregor' J. Weeger of our office on May 06, , 1929_. The following are persons, firms, and corporations having a principal interest in this proposal: Mark T_ Bjeeger. Rresident Gregory J. Weeger, Secretary C-11 `�I The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements • in accordance with the plans and specifications set forth. Weeger_Brw. t Inc. Commanv Name Signature -of B Mark T. Weeger, President Printed or Typed Signature 2124 Main Street, Suf re 1490 HiMtj ngf M Beanh, M 92648 - Address of Bidder 714 536-3854 Telephone Number Subscribed and sworn to before me this 25th day of b 19_ 0 -. NOTARY PUBLIC 4 '11 C-12 NOTARY SEAL L Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work widen the past two years: SM ATE PRQ7E= ffiS UM fM CURRENT AM FETID PR47E= 1. - Name and Address Name and Telephone No. of Project Manager:. t ) Contract Amount Type of Work Date Completed 2. Name and Address Name and Telephone No. of Project Manager: ( _ 3. Contract Amount Type of Work Date Completed Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-13 � PROJECT COMPLETI� HISTORY Kinoshita Elementary School _ / Completion Expected In January 2000 Owner: Capistrano Unified School District 32972 Caile Perfecto San Juan Capistrano, CA 92675 Architect: PJ1l11ri Architects Southwest 647 Camino de los Mares, Suite 201 San Clemente, Ca 92673 Contract Value: $6,185,000.00 C.O.: Contact: Mark Bauer (949) 489-7000 Contact: Robert Lenz (949) 496-6191 Percent of Contract: Description: Single story, one building, 41,813 sq. ft, wood frame, glue laminated beams, wood web joists, concrete block wall, gypsum sheathing, steel windows, built-up and tile roofing, operable interior partitions, resilient floor finish, carpeting, wall coverings, specialty flagpole, playground equipment, shade structure and pipe frame vehicle barrier. Ifuntin}ton Sencliff Elementary School / Completion Expected in August 1999 Owner: Huntington Beach City School District 20451 Craimer Lane Huntington Beach, CA 92648 Architect: Y'DeenlAssociates, Architects 3350 E. Birch St., Suite 201 Brea, CA 92621 Contract Value: $6,754,000.00 C.O.: Contact: Frank Blonska (7I4) 964-8888 Contact: David Y'Deen (714)524-6396 Percent of Contract: Description: Single story, 5 buildings, 50,000 sq. k wood frame, glue laminated beams, wood joists, spread footings foundations, methane gas vapor barrier, slab -on -grade, stucco wall construction, built-up and the roof, gypsum board interior walls, skylights, and all interior finishes, hardscape playground, turf field, parking lot and ornamental fencing. �k✓PROJECT COMPLETIO.. l HISTORY Tenant Improvement - Garden Grove Higher Education Center/Completed September 1998 Owner: Coast Community College District 1370 Adams Avenue Costa Mesa, CA 92626 Architect: The Blurock Partnership 2300 Newport Blvd. Newport Beach, CA 92663 Contract Value: 102,500.00 C.O.: 0 Contact: Ardith Richey (714) 432-4646 Contact: Dan Nolan (949) 673-0300 Percent of Contract: 0% Description: Construction Management for Tenant Improvement. Scope of Services includes preconstru4tion phase, construction phase, management of prime contractors, provide general services such as; field office, temporary fencing, temporary toilets, temporary phones, temporary electric, trash service, site barricades, signage, full-time supervision, mobilization, final cleaning, coordination of submittals, R.F.I.'s, weekly site meeting minutes, change orders, punch list, etc. Clearwater%-8 School _ _ Substantial Completion on Julv 6,1993 Coast. I%fgr,: McCarthy Brothers Co. Contact: Chuck Boothe 100 Bayview Circle, Suite 3000 (562) 531-2905, Job Newport Beach, CA 92660 (949) 854-8383 Owner: Paramount Unified School District Contact: Gene Hartline 15110 S. California Avenue (562) 602-6025 Paramount, CA 92723 Architect: L.P.A., Inc. Contact: Brandon DeArakal 17848 Skypark Circle (949) 261-1001 Irvine, CA 92614 Contract Value: 3,871,812.10 C.O.: 4 Percent of Contract: 9.7% Description: 41,000 sq. ft. Elementary School, Single Story, wood frame, plaster exterior walls, gypsum board interior walls, built-up and standing seem roofs, includes site improvements and play areas and all interior finishes, • ,s (,PROJECT COMPLETIC I ,,) HISTORY Multi -Purpose Buildin.e� Roval Oak Intermediate SchooVCompleted April 21,1999 Owner: Charter Oak Unified School District Contact: Katherine Tollefson 20240 Cienega Avenue (626) 966-8331 Covina, CA 91723 Architect: John Von Szelski & Associates Contact: Greg Tate 711 W.17th Street, Unit A-8 (949) 722-9452 Costa Mesa, CA 92627 Contract Value: 2,502,686.32 C.O.: 13 Percent of Contract: 5.7 % Description: 1 story,16,000 total sq. ft., 240 seat theatre with tiered floor and large flat floor dining and multi purpose assembly room, building partially air conditioned, structural steel frame, stucco wall, aluminum window, sound reinforcement system equipment, stage lighting/dimming system, stage curtains, site concrete and landscaping. Garden Grove Ylieher Education Center/Completion Date of June 5,1997 Owner: Coast Community College District 1370 Adams Avenue Costa Mesa, CA 92626 Architect: The Blurock Partnership 2300 Newport Blvd. Newport Beach, CA 92663 Contract Value: 6,270,808.63 C.O.: 5 Contact: Ardith Richey (714)432-5707 Contact: Bob Bender (949) 673-0300 Percent of Contract: 5 % Description: 45,000 s.f., one building, 4 story steel frame, drivit exterior finish, window wall system, metal stub, drywall, interior finishes, including terrazzo floor, T bar ceilings, and cabinetry, site improvements including raised planters, landscape and site lighting. Mike Case Classroom Wing (a, Ethel Dwyer Middle SchooVCompleted December 21,1995 Owner: Huntington Beach City School District 20451 Craimer Lane Huntington Beach, CA 92648 Architect: Y'Deen/Associates, Architects 3350 E. Birch St., Suite 20I Brea, CA 92621 Contract Value: S3,752,891.00 C.O.: 6 Contact: Frank Blonska (714) 964-8888 Contact: David Y'Deen (714) 524-6396 Percent of Contract: 1.7% Description: 3 story steel frame, plaster exterior, steel stud and drywall, interior finishes, kitchen, 10 classrooms, lab casework and site improvements_ BID BOND KNOW ALL BY THESE PRESENTS, That we, Weeger Bros , inc. of 2124 Main Street, Suite 146, Huntington Beach, CA 92648 (hereinafter called the Principal), as Principal, and Reliance Insurance Company (hereinafter called the Surety), as Surety are held and firmly bound unto E!y of Huntington Beach (hereineer called the Obligee) in the penal sum of Teri Percent of the Bid Amount - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------------------------------- Dollars($ 10%of8idArnount ) 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 Cash Contract No. 1084 New Fire Station No. 6 NOW, THEREFORE, If the said Contract be timely awarded to *.e Principal and the Principal shall, within such time as may be specified, triter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 25th day of May , 1999 . Witness Witness Weeger Bros., Inc. (S=?-i) Principal Title Reliance Insurance { By A J-r-- E. Attora ey-in-Fact s-CONGEEF719a 17V CALIFORMA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 25, 1999 -,before me, Candy M. Coons, Notary Public, personally appeared Mark E. Shreckengast •••s••••••••••••••••••••.••11•f��••do r, CANDY tit. COOKS COMP.]. #1195631 q NOTA" PLBUC - CAUFOpN;A S LOS ANGELES COUNTY 2 Alteomrrt Expires sea S. 2�02 • Place Notary Seal Above Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that be executed the same in his authorized capacity. and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Optional my Larid and official Signature Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Doctunent Date: Number of Pages Signer(s) Other Than Named Above: Capacky(ies)Claimed by Signer Signer's Name: _ Individual Corporate Officer - Title(s): _Partner- Limited General X Attorney in Fact —Trustee —Guardian or Conservator Other. Signer is Representing: ..' A.. `� �'j Kam„ RELIANCE INSURANCE.COMPANY, f_COMPANY RELIANCE SURETY COMPANY ' +� UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY _•'�- all 'ADMINISTRATIVE OFFICE, P!{ICADi=LPi IA; PENNSYLVANIEi' POWER OFAT70RNEY.-f%�_' Yam. KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duty organized under the lawi•tlf the State of Delawape4- and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY. are corporations duly organized ari&Fthe laws of the Corylmorrwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organtzed_6nde� the taws of the State of Wisconsin (herein collectively caged'the Companies") and that the Companies by virtue of signature and teals do hereby rtiike, constitute and appoin;� Candy M. Coons, Mark E, Shmckengast. of Los Angeles, Calliornia their true and lawful Attomey(3)-"act, to malke.•eikecute, seal end deliver 10-F; and en their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to 04 =: same extent as If such bonds and undertakings and other writings obligatory in the nature thereof were signed by an "ecutive Officer of the Companies and sealed and attested by one other of such officers. and hereby ratifes and canfii mn all Mat tfieir said Atmrney(s}in-Fact may do in pursuance hemof. • ti•rr _ `-This "IlPower i.`' '~•=�-. ?T�'{ (Iw 4a•I »'A -.. - - , of Attorney Is granted under and by the authority of Artce Vnptthe b -Laws of RELIANCE SURETY COMPANY, RELIANCE.;. INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY. and RELIANCE NATIONALJNDEM'NITY COMPANY which provisions are now In full force and effeCL reading as follows: != J1R7;CI E VN - ExECtJnON OF aOri0S A7+o UkCERLVOriGS �,• , Lei —e t. The swrd or areemm die FRsidear, dr O imm of dr aa.rd .wy Senkr Vks F,sildrs, my vise Frmwea w Aaaimm v'o Fmidm- r whir wri— A -m—md by dai bc:rd.r lhiec- sbill >ww Fo.v and and afy a (u % g I I AmwrrrroNw arx and a wnsrlw dwe b aasws o i fehrlrar da Casvw. bend, and rmdwsakirp, n mignwma, ooeeam of imkosky and omr wridep ourpwry iw da .rwe' ,p' drrmf. uw (b) a nomm any ncb Amamrjo)- ha a any sire and rereke ew power awd iahwo glee a derma �� ` � • � ;�s r�t.-, a �i !. Amrorgpl-6 Fus SW hm pw-a sad rr why. $Apd odes ww and nmioa6a of des Few of Anwwy bwad a G+ . b mnr aoYd ddiwr ea ldrif of dn( Cagwy. foal► aed advokl(p, rmignin.va. caw%= of h dtamy and edw rrkinp (blipwy In da awme dares[ Tree mrpwm sal b m awofry !or dr .alidi y of say bowie cud wWWuk=p rewrniwwa. ancam of mdsmaiq and Gust reisinp dllpaxy Ia da rare OwrMlf. ; :. �, •� :'� � : \ :i ' �. y< r.- --- f. Anon AtHw•Foa shall Awe pony sad w dm ky 10 asmw ant vio sadnind a ba arscbed on bends, romgmuwua osao ra K trdesiiey (r-Deer oe�iuo+.l r oMitaQ7 rrdvaklpv awd dky rM+4 ' also ban poser and w+d,orky sa owsify Oa Ilaetw smear of Oe Coeyany and 0 oopip or the sy-La" of da Corepany of ear etude at seaiw &wW -4�,= TW Fo.er er Aarw7 b algm d wed arabd fy maim& eadr ad by nda of Ot Wkmin rnobrioe adope d ►y da Es;a" fad /arrrne Commima of dr Boards of Mlia n of Mi.. Isaranoa Caapany.. . Ue1ad FKJk lmw*w Compsay w4 r clt Kukt al Inkmary Compaeey by Umnimu,a Coaaa lord a of Finny Is, IM sad by des Examcire aed rmmid Comm iars of an beard ot Numn of Ukrati suety Canpasy loy Uaaaimr Comes deed a of mard 31. 1"4. 'Pesdred dbs dfa N=rwooea of sath discrete and orrma iod da sd of dzs Compecy m.y M at•faad a aq earth Fewer of Asveey oe curs ardllora hlarbt daeera y if>�Sa. and say two , � «.tit: Fora of Anirmy or amf1cm burieq sacb f ciimik gig-Arom or dc9m0e sal shall be ae6d and by ~ R•` fiadini aPa da Caapsa7 and any autil Fo.a w rsatvmd awd errifSed Auimis ii�laose brd lwim,7e ad shill be valid wA bo Ow In da time riO b ►ow a b wkkb k 6 am bw r •'-t rat Rw Campeny. +espea arty aedest�irie .• .. .-� � .. "-•.: t;s.' _ ""t.-� •-:a. rr^• t�'-'•:r •-K tit• IN WITNESS WHEREOF. the Companies have Caused these presents to be signed and their corporate seats to be hereto att5ced, this October 1;1998."ke RELIANCE SURETY COMPANY tw RELIANCE INSURANCE COMPANY UNITEDPACIFICINSURANCECOMPANY : o5r ; `S" o: -t-- RELIANCE NATIONAL INDEMNITY COMPANYA, •► 4+vandi b e � STATE OF Washington } - COUNTY OF King ) ss. 4 On this, October 1,1998, before me. Laura L Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company. United Pacific Insurance Company, and Reliance National Indemnity Company and that as such. teing authorized to do so, executed the foregoing Instrument for the pufp33e thereirt contained by signing the name of the corporation by himself as ..- Its duty authorized officer.AL In witness whemof, l hereunto set my hand and official seal. L •'. '* Fh�•!I: _ 341M Notary Public in and for the State of Washington • x k y, Residing at Puyallup I, Robyn Layng. Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE CORtP; ANY. and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing Is a true and 'sorted copy cf the Power of -- Attorney executed by said Companies, which Ls still in full force and effect 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the seals ref said Companies this 25 t;h day of MaY year of 1999 4. r i Assistant Secretary a J rtdca►td a lard � s. an •a � • ;� . _ ay ,.' � �'1 . X I .+ •_ - tS,�• ..; a-�: :�_ ... .. •• ,�::. •z -.s � .. R`� a.. .anti i c d�cL lea , SECTION A "'� NOTICE INVITING SEALED Big for the FIRE STATION NO.6 — EDWARDS CASH CONTRACT No. 1084 in the CITY OF HIJNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on May 25,1999. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, H=tington Beach, CA 92648, upon payment of a S 150.00 nonrefundable fee if picked up, or payment of a S 180.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. 'rhe Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Califomia Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby aff rrnatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashices check, or bidder's bond made payable to the AGENCY for an amount no less than 10°!o of the amount bid. The successful bidder shall be licensed in accordance mzth provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is a&-arded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A mandatory pre -bid meeting and walk-through of the site will be held on Thursday, May 6, 1999, at 10:00 a.m. (meet on site), for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. Pursuant to the amended Public Contract Code Section 3400, Contractors'are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requots will be considered after award of the contract. Project Description: The work includes a new, approximately 13,000 s.f. Fire Station, on -site improvements and off -site improvements including a new traffic signal and related work. • The project schedule is 200 working days. • The Engineer's estimate for the work included in the contract is $2.4 million. All questions shall be directed to MArm - (Vo5 �,545 1794 The AGENCY reserves the right to reject any or all bids, to w-aive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the day of.4pnT,1999. (It r"A Attest: Connie Brockwav CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 FILE No. 175 05/25 '99 15:35 ID:GREAT WEST500 7770978 _ PAGE 1 %..) �.r) 4562 E. Eisenhower Circle Anaheim. CA 92807 (714) 777-0977 FAX (714) 777-0978 Fmc Th- Doug Stack From: Dick Wolfinger Fax- 714.-374-1557 Pages: 1 Phom 714-536-5227 Date: 052SS9 Rya: fto Station #s, ttunt;ngton Beach CCU O Urgent CI For Review 0 Please Comment 0 Please Reply ❑ Please Recycle e Comments: We would Itke to see the complete bid package on the above referenc©d project from the apparent low bidder, Weeder Bros., Inc. Please fax those documents at your earliest convenience. We will be happy to pay for any expense this may incur. Thank you, CITY OF HUNTINGTON BEACH` 'IFf99-Fire MEETING DATE: March 1, 1999 DEPARTMENT ID NUMBER: 99-012 Council/Agency Meeting Held: Ile7 9 Deferred/Continued to: WAooroved Conditionally Approved 0 Denied 40 &OOJD Jerk's Signature Council Meeting Date: March 1, 19997Department ID Number: 99-012 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -n ter.=aC, SUBMITTED BY: or • RAY SILVER, City Administrator c� QCDrn� PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work -) MICHAEL P. DOLDER, Fire Chief / MPJ 61Y4c w o c, SUBJECT: Fire Station No. 6-Edwards, CC-1084, w a Edwards Hill Reservoir & Booster Pump Station Authorization to Advertise CC-1084 & Authorization to execute the Professional Services Agreement for Construction Management, Inspection, and Observation Statement of Issue, Funding Source, Recommended Action, Alternative Aciion(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications are now complete for Fire Station No. 6- Edwards Project, CC-1084. Should the City solicit public bids for said construction and execute a professional services agreement with a construction management firm to administer and perform the required services associated with the construction of both CC-1084 and the new Edwards Hill Reservoir and Booster Pump Station? Proposals were requested from qualified construction management firms to provide professional services associated with the construction of both facilities. DUDEK & Associates has been selected through the competitive process to provide these services. Funding Source : The Holly-Seacliff Development Agreement, approved by Ordinance No. 3217, stipulates that the developer, PLC Land Company, shall fund the design and construction of one fire station, including all the required equipment. Initial funding, in November 1990 was $3,150,000. The ENR Index adjusts this amount accordingly. The current balance for design and construction, including the most Fire Station, CC 1084 Advertis -2- 02117199 9:19 A(M' ; V' kwor REQUEST FOR COUNCIL ACTION MEETING DATE: March 1, 1999 DEPARTMENT ID NUMBER:Edwards Hill Reservoir & Booster Pump Station recent ENR adjustment, is $3,527,078. Current 1998/1999 budget appropriated funds, for construction, in account CF FR 302 6 31 00. The required City project inspection and oversight for the new Edwards Hill Reservoir and Booster Pump Station will be charged against the developer fee collected for such services. The following is a cost breakdown of the respective projects accordingly: Fire Station No. 6 Edwards, CC-1084: Construction Management Contingency Material Testing & Compaction: Sub -total: Grand Total: Edwards Hill Reservoir & Booster Pump Station: Construction Inspection & Observation: Contingency Grand Total: Recommended Action: Motion to: $182,120 20 000 $202,120 120,00 $222,120 $269,792 27 000 $296,792 1. Approve the plans and specifications for the Fire Station No. 6-Edwards, CC- 1084 and authorize the Director of Public Works to solicit bids for construction; 2. Approve the attached Sample Construction Contract, subject to award of contract to the lowest responsive/responsible bidder; 3. Approve staff's selection of DUDEK & Associates, Incorporated (a Construction Management Firm) to perform the work defined by proposal submitted and dated 1 /14/99, in response to a Request for Proposal, dated December 1998; and 4. Approve the attached professional services agreement with DUDEK & Associates, Incorporated and authorize the Director of Public Works to expend $518,912 to cover contract costs of $451,912, estimated contingency of $47,000, and supplemental expenditures of $20,000. Fire Station, CC 1084 Advertis -3- 02117199 9:19 AM REQUEST FOR COUNCIL ACTION MEETING DATE: March 1,1999 DEPARTMENT ID NUMBER:Edwards Hill Reservoir & Booster Pump Station Alternative Actions): Deny approval of the agreement and provide staff with either alternative direction or forego the project. Analysis : Under developer agreement with the PLC Land Company, the developer is required to fund the design and construction of a Fire and Emergency Medical Facility. This facility is a City designed and administered Cash Contract. On January 5, 1998, the City Council approved the selection of RRM Design Group to provide professional design consulting services for the preparation of plans and specifications for the construction of a new fire station. Over the course of last year, the consultant and City project team members obtained project environmental approval, developed conceptual station layout and schematic design, approved product, color and material selection, and concluded with the development of construction documents in the form of final plans and specifications ready for bid. As a result of the fire station's complexity and the condition that it be built in compliance with the Essential Services Act, staff is recommending that the City hire a qualified construction management firm to oversee, inspect, and coordinate the Fire Station No. 6 - Edwards project. In addition, staff also recommends that the inspection and observation required for the new Edwards Hill Reservoir and Booster Pump Station be included with the selected construction management scope of services. On December 16, 1998, staff mailed Requests for Proposal (RFP) to five qualified construction management consultants. The RFP was sent to the following five firms: 1. ASL Consulting Engineers 2. Concept Marine Associates, Incorporated 3. DUDEK & Associates, Incorporated 4. Harris & Associates 5. Holmes & Narver Four out of the five firms responded with Holmes & Narver respectfully declining the invitation. A five member City team met and prepared written evaluations of each proposal on the basis of understanding the project and services requested, qualifications and experience, and responsiveness. The evaluations were ranked, and the top three firms were invited to an interview' on January 21, 1999. After careful deliberation and discussion, DUDEK & Associates was selected. DUDEK presents a seasoned team Fire station, CC 1084 Advertis -4- 02/17/99 9:19 AM kU01 REQUEST FOR COUNCIL ACTION MEETING DATE: March 9, 1999 DEPARTMENT ID NUMBER:Edwards Hill Reservoir & Booster Pump Station of professionals experienced in both fire station and reservoir construction. The firm was established in 1980 and is comprised of five technical divisions, with a staff of over 120 employees. Environmental Status ; The area of the Holly Seacliff Specific Plan was evaluated in Environmental Impact Report No. 89-1, certified by the City Council on January 8, 1990. Subsequently, RRM Design Group environmental planning team prepared and filed the Environmental Assessment form and the CEQA Initial Study. As a result, on September 9, 1998, the Planning Commission of the City of Huntington Beach approved the project's Negative Declaration No. 98-9 and Conditional Use Permit No. 98-48/Variance No. 98-13 with findings, mitigation measures, and conditions of approval. Attachment(s): 1. 1 Sample Construction Contract 2. RCA Author. RFB:REE:DSS Professional Services Agreement with approved Insurance's Certificate and endorsement. Fire Station, CC 11084 Adver is -5• 0211V99 4:09 PM it,wo ATTACHMENT #1 CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF - - FIRE STATION NO.6 (CC-1084p THIS AGREEMENT, made and entered into this day of 1998, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and . a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as the "PROJECT," more fully described as construction of Fire Station No. 6 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW. THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. g:agree.7orrnlconstruc112101198 U However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid - Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; g: a g reelf ormlconstruG 12/01 /98 2 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 a Notice to Proceed is issued and shall diligently prosecute the PROJECT to completion within One Hundred Eighty (180) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. g:agree/Ton7Vconstrud12101198 3 %.j 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to 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 q:agree/fomvconstrucJ12101l99 4 data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward - - accordingly. 7. NOME 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 CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 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 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. g:agree/foWconstrucI12101M 5 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGESIDELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not ii i 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 to be determined Dollars ($_} per day for each and every working day's delay in completing the work in excess of the number of 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 vOl. not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and vAthout the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. g:agreelfortn/constmd12101198 6 CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be famished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resu'ting 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 sha'I be made unless a claim therefor is presented in wilting 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 materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate g:agreeMomVconstrud12l01l98 7 k..) the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in Its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. g:agree/fom-dwnsVud12101/98 8 V When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and ff the DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of tle work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. g:agreetfonn/oonstruc 11210M8 9 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, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, 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, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to, concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish ��agree/rortnlconsVucJ12/01l98 10 k..; �W; 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 In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including prod uctslcompleled operations liability and blanket contractual liability, of $1,000,000 per occurrence. if coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANTS Insurance shall be primary. 21. CERTIFICATES OF INSURANCE: ADDITIONAL_ INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. g:agreeMornVconstrud12/01198 11 �.d The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification cf CITY by CONSULTANT under the - - Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes Insolvent, or violates any provision of this Agreement or the contras 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. g:agreeAomVconstrud1210 M8 12 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 Califomia 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 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. g:agreeJfonnlconsbuc112101198 13 28. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services. and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED g:agreelformlconstrudi 2'O V96 14 32. ENTIRETY The foregoing, and Exhibit "A,": attached hereto, set forth the entire Agr6en"lent between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR By: print name ITS: (circle one) ChairmanfPresident/ ice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst Secretary -Treasurer REVIEWED AND APPROVED: City Admin trator CITY OF HUNTINGTON BEACH. a municipal corporation of the State of Ca'ifornia Mayor ATTEST: City Cleric APPROVED AS TO FORM: i Attorney tNITIAAPPROVED: Director of Public Works g:agreelformlconstrucl12101198 CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF FIRE STATION NO.6 (CC-1084) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ENTIRETY 16 g:agreefjm%Aalbarvl2'01198