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WEEGER BROTHERS, INC. - 2003-02-18 (2)
., V / •J. r STOP NOTICE (California Civil Code Section 3103, 3156-3214) O THE ONNI�'ER OR REPUTED ON�NER; City of Huntington Beach IGGu Attn: Disbursement Officer O Box 190 Iuntington Beach, CA 92648 O THE LENDER, SURETY OR BONDING CO.; Travelers Casualty & Surety Co of America Attn: Branch Manager One ToWer Square artford, CT 061839062 • and 1 Loan # 103544579 C:TY OF ,TOP nCH. CA -b A 0= 011 PLEASE TAKE NOTICE THAT United Rentals Northwest, Inc. at 2301 Dupont Dr #400, Irvine, CA 92612 has a claim in connection with the project kncvm as South Beac ,PhI,-1unt' Rton Beach Life Guard HQ PO #21147,16cated at 21009 Pacific Coast Hivy, Huntington Beach, CA 92605, in the County of Orange. The claimant furnished the following kind of labor, services, equipment, materials or service charges: Miscellaneous, Construction & Equipment Rentals. The name of the party to whom the material was famished or supplied, or for whom the labor was done or performed, is ONE STOP CUMMUNICATIONS INC, 597 S STATE COLLEGE BLVD, FULLERTOti, CA 92831. The total value of labor, services, equipment and materials furnished by claimant or agreed to be performed was S15,516.48. That the value of labor, service, equipment, materials and service charges so performed or furnished as of the date of this notice is 515,516.48. That such claim has not been paid in full except that there has been paid against the balance due $12,261.48 The unpaid balance is now S3,255.00, including service charges or interest at the rate of 10% per annum. WHEREFORE, the claimant prays that the public entity, upon receipt of this Stop Notice, withhold from the original contractor, or from any person acting under his authority, sufficient money due or to become due to such contractor to answer this claim stated in such stop notice and to provide for reasonable cost of any litigation thereunder. Dated: 12/26/03 By: R'/Xt't Jeff 'Preliminary Lien Administrator VERIFICATION I declare that I am authorized to file this Stop Notice on behalf of the claimant. I have read the foregoing document and ]snow the contents thereof; the same is true of my o«n knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at Irvine, CA on 12 i-6103 for United Rentals Northm-duloc.. By: Jeff i `lPreliminary Lien Administrator 0 United Rentals December 26, 2003 Travelers Casualty & Surety Co One To ver Square Hartford, CT 06183 United Rentals Northwest, Inc. 2301 Dupont Drive R 400 Irvine, CA 92612 (949) 809-0100 RE: BOND 4: 103544579 PRINCIPAL: Weeger Brothers, Inc. OBLIGEE: City of Huntington Beach PROJECT: "South Beach Phase II Huntington Beach Life Guard HQ" 21009 Pacific Coast Hwy Huntington Beach, CA 92605 Dear Sirs: United Rentals Northwest, Inc. rented construction equipment to One Stop Communications on the above referenced project. The total due on this project is S3.255.00. We would like to pursue our rights under the payme;t bond posted by Weeger Brothers, Inc. to collect the amount due. Thank you in advance for your prompt attention to this matter. If you have questions or should need further documentation, please call me at (949) 809-0144. Sincerely, Jeff Hopkins Credit Department cc: One Stop Communications Weeger Brothers, Inc. City of Huntington Beach i W44rlM1lP yl .. United` _ Rentals r . Rentals NORTHWEST, INC. 2;301 DUPUN r DRIVE SUITE 400 IRVINE CA 92612 7003 1680 0001 7857 1923 City of Huntington Beach Attn: Disbursement Officer PO Box 190 Huntington Beach, CA 92648 0f S POST `t.....ta1...r 171 NI Y IS11W1 S 02 1 A $ 04. 420 0004334250 DEC 30 2003 MA11 FD FRnM 71PCnf1F 9?61 2 Sz6aa*0iS0 a2 11�11���I�I�II��till III III IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIfIIII PLEASE COMPLETE THIS INF ;ATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder Illllllllllllllllllllllllllllllllllllllllllllllillllliillllllllllllllllllll NO FEE 2005000540792 12:01pm 07/13/05 111 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION 0' L_ 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 to Weeger Brothers, Inc. who was the company thereon for doing the following work to -wit: SOUTH BEACH IMPROVEMENTS; CC-1169 That said work was completed April 26, 2005 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 Director of Public Works on July 11, 2005, per City Council Resolution No. 2003-70 adopted October 6, 2003. ` That upon said contract Travelers Casualty and Surety Company of American was surety for the bond given by the said I 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 July 11, 2005. A .tor of Public Works or City Engineer of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and th t said NOTICE O OMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of 04 ge County. Dated at Huntington Beach, California, this July 11, 2005. rector of Public Works or City 40ity of Huntington Beach, Califc THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) a.059.TITLE PAGE (R7/95) --� WEEGER I� BROS., INC. GENERAL BUIDIhG 164GINEERING CONTRACMR PECLARATION OF SAT1$1;4CTION OF CLAIMS 17a4k 7. ViegeA, P4e4ideni of I, , slate: 1. ! am ere general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled nth RQnrfl l�fin�p jj � ). and dated 2.- Ali workers and persons employed, all firms suppling materials, and all subcontractors for the above•mentioned project have been paid in R:il. 3. The fol:oxving are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: {if none, state "NONVI , I declare under penalty of perjury that the fore.-oing is true and correct. Executed at ff=t inAon Beach, CA on this 21 day of 7uno 2005 , (Signature o on d:tor) 2124 MAIN STREET, SUITE 146. HU: MNGTON BEACH, G192648-6443 (7I4) 536-3854 FAX (714) 536-4854 STATE LICENSE NO.417715 A. B. C5, C8, C12 11 11fill WEEGER BROS., INC. GENERAL WILDING ! ENGINEERING CONTRACTOR ;=z 21, 2005 City of Huntington Beach Department of Public Works Past office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title M1 of the Civil Rights Act aid Equal Emplayrrent Appomlydty Act of 1972 Gcntternen: The undersigned, contractor an CC-1169 - Sou#h Beach Pha..de II Project No. Title hereby certif es that all laborers, mechanics, apprentices, trainees, Nvatchiren and guards employed by Ern or by any subcontractor performing work wn1!r the contract on flee project rave been paid napes at rates nct Less than those required by the contract provisicrs, and $.at the work performed by each such laborer, nechanie, apprentice or train:, conformed to the classifications set forth in the contractor training program provisions appiicabie to the wage rate paid. �%�,` • P�ident Sign � ,�r d Title �. j, _r tl r • 7 . i" 2124 MAN. STREET, SUITE 146. HUi*iTMGIiON BEACH, CA g2648.6443 (714) 536-3854 FAX (714) 536-4854 STATE LICENSE NO.417715 A. B. C5. CS, C12 MAINTENANCE BOND Bond No. 103544579 KNOW ALL BY THESE PRESENTS, That we Weeger Bros.. Inc. as Principal, and Travelers Casualty and Surety Company of America , as Surety, are held and firmly bound unto City_of Huntington Beach - - as Cbligee, in the penal sum of Ten Million Six Hundred Forty Two Thousand Six Hundred Ninety Five and 001100 - - - - - - - - - - - - ---------------------------------------------------------------(S 10,642,695.00 } to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successor and assigns jointly and severally, firmly by these presents. Vi'HEREAS, the said Principal entered into a contract with the City of Huntington Beach dated February 18 2003 for South Beach Phase Two, Cash Contract No. 1169 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One(l) years) after approval of the final estimate on said job, by the owner, against all defects in workmanship and material which may become apparent during said period, and U11EREAS, the mid contract has been completed, and was approved on or about the 8 day of June , 2005 . NONV, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of One (1) year(s) from and after. June 8 2005 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED 15th day of June ApPROVED TO f0 NIF R McGRATH. ( 7� AX4�� Weeger Bros., Inc. , 2005 PRTNCIPAL(S) Travelers Cast#lty and Surety Company of America By. 11111 S-250ti'GEEF Z% Executed in Two Counterparts Attorney -in -Fact Company Profile Page 1 of 2 Company profile TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183 877-872-8737 Former Names for Company OId name: AETNA CASUALTY & SURETY COV[PANY OF AMERICA Effective Date: 07-01-1997 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Viable to Locate theAgent f2r Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 31194 3548 2444-8 July 31, 198I UNLIMITED -NORMAL Property & Casualty CONNECTICUT Lines of Insurance Autborized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa r . AIRCRAFT AUTOMOBILE BOILER AND MACHINERY http://cdinswww.insurance.ca.gov/pls/wv—co_prof/idb—co_prof utl.get co_proVp_... 6/22/2005 if 1 CONSENT OF O NEirREcr 13 o SURETY COMPANY CONTRACTOR TO FINAL PAYMENT OTHER ° AIA DOCUMENT C707 Bond No. 103544579 Executed in Two Counterparts PROJECT: South Beach Phase II, Contract No. 1169 (rame, address) 103 Pacific Coast Highway, Between Ist and Huntington., Huntington Beach, CA 92648 TO (Owner) ARCHITECT'S PROJECT NO: City of Huntington Beach P.O. Box I90 CONTRACT FOR: Cash Contract No. 1169 HuntingtotrBeach, CA 92648 L_ CONTRACTOR: Weeger Bros., Inc. 2124 Main Street, Suitc 146 Huntington Beach, CA 92648-6443 I CONTRACT DATE: February 18, 2003 H accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, tale there insert none and address of Surety Company] Travelers Casualty and Surety Company of America 21688 Gateway Center Drive, P.O. Box 6512 , SURETY COMPANY, Diamond Bar, CA 91765-6512 on bond of mere Insert name and address of Contractorl Weeger Bros., Inc. 2124 Main Street, Suite 146 , CONTRACTOR, Huntington Beach, CA 92648-6443 hereby approves of the final payment to the Contractor, and ag•ees that final payment to the Contractor shall not relieve the S •rety Company of any of its obligations to there insert Prue and address of Owner) City of Huntington Beach P.O. Box 190 Huntington Bcach, CA 92648 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this Attest: 6eall:See Attached Surety All -Purpose Notary Acknowledgment Form , OWNER, 27th . day of July )4 2005. Travelers, Casualty and Surety Company_ of America Surety Ccmpan} By: �- S;gnatut,! of Au orized Representat ve Mark E. Shreckengast, Attorney -in -Fa Title NOTE; This form it to be used as a companion document to AIA OOCU.kl[%T C706. CON'TRACTOR'S AFFICAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Ed;'. -on AIA DOCUMENT C767 • CONSENT Of SURETY COMPANY TO FINAL PAYh1E*1T • APRIL 1970 EDITION, • MAT ONE PACE tC 1970 • THE AMERicAN INSTITUTE OF ARCHITECTS.173S NEW YORK AVE., NLY, WASHINCTO`, D.C. 2(" RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATI& TO: Shari Freidenrich, City Treasurer FROM: DATE: 04 - if -a 3 SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved (Council Approval Date) W f4 A-x/ A w-o I �-; Ivor . if (Company Namg) , S 7q Agenda Item No. - 6 City Clerk Vault No:••� r? • � �'�/f-P �3) g:fj ah/bondietter. doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: maak bI _U6 TO: koat, rdI'Y1_6 _I K, Name J� MA 1A N 5wh () Street City, State, Zip ATTENTION: 1M a r� Wad dP r DEPARTMENT: REGARDING: W See Attached Action Agenda Item F' I _ Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement '� Bonds V Insurance V 3,*7 RCA ✓ Deed Other ✓ copfrac-F A vL fd �riC P. "G Pik WICWo65 ✓ CC: nrlo�un¢� Na#te�C� ��O�S4A f //�� p��t RCA ✓ A�eement Insurance Other OwiG1, YI�S V Nary+e- { U Y t' A r o 4)ke r artment Z _ RCA Agreement Insurance O-)}ter a" —U `� o N e Department RCA Agreement Insurance ther 6ya fa I(IQ �1rlt k Ms. Name Department RCA Agreement Insurance Other Name Department RCA Insurance gdfollowupAetters/coverltr.doc (Telephone: 714536-5227) NOWE�OSEAIEDBIDS fa 11* Sfmj hick K6 Iw CASH comma k 1169 inihe My OF HUNWTON BEACH PUBLIC NOTICE IS HEREBY GIVEN` -Mt the Cl rY 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„ QQ __Main Street, Huntington Beach, California-97.Wg , up to the hour of 2:00 p.m, on', December, 10, 2002. Bids will.be-Vblicly 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 $250.00 nonrefundable fee if picked up, or payment of a $300.00nonrefundable fee if mailed. , Any contract entered into pursuant to this notice will incorporate the provisibns 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 103 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 Bidders. 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 less 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 Contractor's 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-tbrough of the site will be held on November 22, 2002 at 10:00 a.m. (meet outside lifeguard headquarters), 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 project is located along Pacific Coast Highway between Huntington Street and First Street, coastal side of PCH, and consists of the demolitionhemoval of the Lifeguard Headquarters Building three (3) existing restroom buildings, one (1) concession building, concrete and asphalt paving, removal of lighting and landscape. A temporary pedestrian/bike path will be constructed as part of this work. New construction consists of grading and drainage facilities, three (3) new restroom buildings, new plaza areas, a new Lifeguard Headquarters Building, a new Educational Center (home of the Junior Lifeguards), new concrete paving, new asphalt parking areas, walls, planter walls, retaining walls, signage, new lighting systems for parking and security lighting, electrical systems, site amenities, landscape and irrigation, and temporary lifeguard and junior lifeguard facilities. e The contract allows 12 calendar months for site work and restrooms and 14 calendar months for lifeguard and junior guard.buildings. • The Engineer's estimate for the work included in the contract is $8,200,000.00 . All questions shall be directed to: James R. PWI-1.' Oscar Johnson, Purkiss Rose-RS9I, t188 Fax 714-871-3638 Phone• 714; 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 day of n-tnher 21, 2002 Attesh Connie Beach*, -tF TOE •'ITY OF Mu# ' ingtor .1 Beach . !I 2g02 t PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) 1 am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested • in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: Yovember 21, 2002 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 21 , 2002 . . at Costa Mesa, California. Signature DPW �,✓ �� ` � ICJ PIPING INDUSTRY PROGRESS AND EDUCATION Trust Fund 02/05/2004 R£: CALIFORNIA PUBIC RECORDS ACT i PROJECT: SOUT- EEAC:1 PHASE II - LIFEGUARD HQ CONTRACT :1 Wc LOCATION: PCH & 1S= _ WPS CASE :i 4312 CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Awarding Agency: P.I.P.E., formally requests the following inforr..==ion on the above. mentioned project: X Contract Number _X�Advertisement Date XBid Date X Length of Project calendar o: working days X Estimated startup date (Notice to Proceed) _X�Mount of Prime Contract _XiName and address of awarded Prime and Piping subcontractors X-'Extract of Public Works Contract Award Form (DAS 13) This request is made pursuant to the-Ca:ifc=nia Public Records Act, 1968 Government Code Section 6250 et se;. :he California Public Records Act provides that information is to be r:ade available to the public. The California Public Records Act requires state agencies to make determinations of California Public Records Acts requests for records within ten working days from receipt of such requests. P.I.P.E. is a nonprofit organization fc—ed for h e purpose of main- taining high standards in the plumbing and piping_ industry, with an active program to assure that construction 'Labor laws, public con- tract laws, and contract license laws are enforced by the public agen- cies charged with their enforcement. Fiease send all information to our office in Los Angeles. We enclose a fc= arc a post paid enve- lope for your convenience. Thank you in advance for your ccoperati.n Sirc ely, Fred Steiner Assistant Executive Director FS:ad 501 SHATTO PLACE, SUITE 200 — LOS ANGELES. CA 90020-1786 — PHONE (213) 382-5255 — FAX (213) 382-2501 - C--_w M] RIP PIPING INDUSTRY PROGRESS AND EDUCATION INFORMATION R= Q'T-j Fcft,91 W.P.S. CASE 1: 4312 AWARDING AGENCY: CITY OF HUNTINGTON BEACH The P.I.P.E. Work Preservation Fund, formally requests the following information on the referenced project: SOUTH BEACH PHASE II - LIFEGUARD HQ Complete project address including zip code: PCH & 1ST, 92648 CONTRACT 1 1169 BID ADVERTISEMENT WE: BID DATE: WAGE DECISION AND MODIFICATION NUMBER: PROJECT LENGTH CALENDAR DAYS; WORKING DAYS: START DATE COMPLETION DATE: NAME & ADDRESS OF GENERAL CONTRACTOR: ADDRESS: LICENSE CITY,STATE,ZIP: AMOUNT $ PHONE No. : ( ) NAME & ADDRESS OF PLUMBING SUBCONTRACTOR: ADDRESS: LICENSE # CITY,STATE,ZIP: AMOUNT $ PHONE No. :( ) NAME & ADDRESS OF HVAC SUBCONTRACTCR: ADDRESS LICENSE 4 CITY,STATE,ZIP: JLMOUN T $ PHONE No. NAME & ADDRESS OF IRRIGATION SUBCONTRACTOR: ADDRESS: LICENSE # CITY,STATE,ZIP: A14OUNT $ PHONE No. Prepared By: TITLE Phone #: ( ) Extension 1: Request for certified payroll records should be directed to: name/title a dress phone number 501 SHATTO PLACE. SUITE 200 — LOS ANGELES. CA 90020-1786 — PHONE (213) 382-�5255 ^ FAX (213) 382-2501 0471- N7 w �' PjPE PIPING INDUSTRY PROGRESS AND EDUCATION Wow +� Trust Fund 02/05/2004 CITY CLERK CITY OF HUNTINGTON BEACH 2000 R;IN STREET HUNTINGTON BEACH, CA 9264E Mailed via certified mail RE: REQUEST FOR CERTIFIED PAYROLL RECORDS PROJECT: SOUTH BEACH PHASE II - LIFEGUARD HQ LOCATION: PCH & 1ST CONTPACT: 1169 CONTRACTORS NAME: WORTHINGTON CONSTRUCTIO14 6 :_E LANDSCAPE CENTER WPS CASE #: 4312 Awarding Agency: This is a formal request for certified payroll rear ds from the above -noted contractor. This request is made purs=_nt to the State of California Labor Code Section 1776. It states, any copy of records made available for inspection by, or furnished to, a Joint Labor - Management Committee established pursuant to the Federal Labor Management Act of 1978 shall be marked or obliterated only to prevent disclosure of an individual's narne and social security number. P.I.P.E.'s Work Preservation System is a nonprofit organization formed for the purpose of maintaining high standards in the F:r.:.. ing and piping industry. To achieve this purpose P.I.P.E. carries out an active program tc assure that laws governing the public works conrzruction labor laws, public contract laws and contractor license laws are enforced by the Public agencies charged with their enforcement. Please send the reports from 02/01/2003 to 02/05/2:04. The Work Preservation System, in accordance with sec. 16402 of the California AO-ninistrative Code, will pay for the dcplication c; the requested payroll records at $10.00 administrative fee, $1.00 for fist page and $.25 each page after. If you have any questions regarding this matter, p:ease contact this office. Thank you in advance for your cooperation. Sir. rely, Fred Steiner Assistant Executive Director FS:ad Cc: WEEGER BROS., INC, WORTHINGTON CONSTRUCTION, T I LANDSCAPE CENTER 501 SHATTO PLACE. SUITE 200 — LOS ANGELES. CA 90020-1786 — PHONE (213) 382-5255 -- FAX (213) 382-2501 4C71•• w3 0 z"-t*. IPIPING INDUSTRVff'W_dff`§S AND EDUCATION Ns ,,,,. Trust Fund ..�1 Case Name: SOUTH BEACH PHASE II - LIFEGUARD HO W.P.S.: #4312 I declare that: I am emplcied in the County of Los Angeles, California; I am over 18 years of age. My business address is: Piping Industry Progress & Education Trust Fund 501 Shatto Place, Suite 200 Los Angeles CA 90020-1786 On 02/05/2004 I served the attached request for certified payroll records as required per Labor Code Section 1776 (g), by placing an original request, enclosed in a sealed envelope with postage prepaid in the United States mail, in Los Angeles, California, addressed as follows: Awarding ;gency: CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET EUNTINGTON BEACH, CA 92643 General Contractor: (carbon copy) WEEGER BROS., INC 2124 MAIN STREET, STE 146 HUNINGTON BEACH, CA 92648 Sub Contractor(s): (carbon copy) WOR':HINGTON CONSTRUC_ION THE LANDSCAPE CENTER 125= POMONA ROAD, STE 104 PO BOX 730 "CORONA, CA 92882 UPLAND, CA 91795 I declare under penalty of perjury that the foregoing is true and correct to the bes: of my knowledge and that this declaration was executed at Los Angeles, California or. 02/05/2004. Alex Dobr-n .� 501 SHATTO PLACE. SUITE 200 — LOS ANGELES. CA 90020-1736 — PHONE (213) 382-5255 — FAX (2131 382-2501 4M.•M3 �P,I.PE PIPING INDUSTRY PROGRESS AND EDUCATION �� Trust Fund �`� " 02/0 44 CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92548 RE: REQUEST FOR INSPECTCR'S LOGS PROJECT: SOUTH BEACH PHASE II - LIFEGUARD 11Q LOCATION: PCH & 1ST CONTR. NAME: WEEGER BROS., INC/WORTHINGTOU/THE LANDSCAPE CENTER WPS CASE #: 4312 Awarding Agency: This is a formal request for copies of all inspector's logs, daily reports and other documents regarding the number of workers per day, hours worked, daily schedules, classification of workers, and labor interviews conducted on the above referenced project. This request is made pursuant to the Public Records Act, which provides.that information is generally to be nade available to the public. The Work Preservation System is a program of a nonprofit organization forned for the purpose of maintaining high standards in the plumbing and piping industry. To achieve this purpose the P.I.P.E. Work Preservation System carries out an active program to assure that laws governing the public works construction labor laws, public contract laws and contractor license laws are enforced by the public agencies charged with their enforcement. As a nonprofit organization serving the public interest, P.I.P.E. respectfully requests the waiver of all search and duplication fees. Please send the documents requested for the project from 02101/2003 through 02/05/2004 to our office. If you have any question regarding this matter, please contact this office. Thank you in advance for your cooperation. Since ly, Fre Steiner Assistant Executive Director FS:ad 501 SHATTO PLACE, SUITE 200 — LOS ANGELES, CA 90020-1786 — PHONE (213) 382-5255 -- FAX (213) 382 2501 �� /_ Dpw CALIFORNIA PRELIMINARY NOTI 10 ? 3 0 6 3 5 IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT (name o person or um11_ bw*rhor, services, equipment or CONSTRUCTION LENDER or n') , Reputed Construction Lender, if any 1300 E. 'Normi'n' dy Place (address of person or firm furnishing ' labor, services, Santa Ana, CA927n-S f equipment or matenal) Done has furnished or will furnish labor, services, equipment or materials of We following general description (general description o t e a or, services, equipment or Construction Materials material furnished or to be furnished) for the building, structure or other work of improvement _ located at Poi IT -aPbase (address or description o lob site OWNER or PUBLIC AGENCY 21009 Pacific Coast Highway or Reputed Owner (on public work) Between P'1nrsLenL:on)& Huntington (on private work) Street / Huntincton Beach, CA The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is 'City of Huntington Beach O P.O. Box 190 One Stop Flac. Contraet:ing W Huntington Beach, CA 92648 An estimate of the total price of the labor, services Nequipment or materials furnished or to be furnished is E $ 7000.00 R ORIGINAL CONTRACTOR or Reputed Contractor, if any Attention Subcontractors Section 3097 requires that if you give this notice Cand you have failed to pay all compensation due Weegner Bros., Inc. to your laborers on the lob, this notice shall also 2124 Main Street, Suite 146 contain the identity and address of any laborer O Huntington Beach, CA 92648 and any express trust fund to whom employer payments are due P y NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed SUBCONTRACTOR with whom claimant against the property even though you have paid your contrac- has contracted for in full. You may wish to protect yourself against this con- sequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances One Stop Elec. Contracting 597 South State College Blvd. Dated 9-4-03 Fullerton, CA 92931Alg&j ) sign lure (title) Telephone Number 7l 14 ' 5 4 7- 9 9 7 5 This form (No 594C Revised 4/17/00) ©Copyrighted by and distributed through BUILDING INDUSTRY CREDIT AssnciATnnry 11J+m 139;+_1 Inn i,p H03 F-AkI 13 P 12. 11 CITY OF HUNTINGTON BEACH CITY CLERK, 2000 MAIN STREET Huntington Beach, CA 92646 04102J2003 RE: NOTICE TO OWNER OR PUBLIC ENTITY Dear Sir or Madam: We are required by the laws of this state to notify you that we are furnishing tabor, services, equipment or materials cf to type described on the enclosed standard form for the work of improvement known as the: SOUTH BEACH PHASE 11 project, foaled at 21009 PACIFIC COAST HIGIVIAY, Huntington Beach, CA 92646 Such labor, services, equipment or materials were contracted for by. WEEGER BROTHERS CONSTRUCTION. 2124 MAIN STREET. STE 146, Huntington Beach, CA 92648 , who is one of the owners,general contractors or subcontractors of this project. We are further required by law to notify you at this time fh3t if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to mechanic's fiens'or stop notices, or a notice to w.thhald funds may be tiled where applicable. The enclosed notice is not intended to reflect in arty way on the integrity or credit standing of tt•e contractors involved in this job, but is given merely to comply with the taws of this state However, to fully protect yourse'f you may consider (1) requiring your contractor to furnish a signed re'e3se from the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaclon. Should you have any ques5ons concerning this request, pleese feet free to tail me personally at (425) $28-3113. Thank you. Sincerely, By Phone:(425) 828-3110 Fox:(425) 803-2y03 Michelle Lee, Cons'auction Administrator Da!ed 04,0212003 for ThyssenKrupp Elevator, 5061th Avenue South, Kirkland, WA 93033 FJa N3:130 ICAIPRIVATEIGENERALI N,dce Requested by and Retum To: ThyssenKrupp Elevator 505 Tth Avenue Sou7t Mdand. WA SM [Job No:0414 49C] Custarner WEEGER BROTHERS CONSTRUCTION Project SOUTH EEACH PHASE tt Rec ID Ox5CKZYK-+ Cert No.: Retum Rece lr Requested PRELIMINARY 20-DAY NOTICE (PRIVATE WORK) California Civil Code Sections 3097,3098, 3111, 3241 & 3252 et Seq. THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO: OWNER OR REPUTED OWNER CITY OF HUNTINGTON BEACH CITY CLERK, 2000 MAIN STREET Huntington Beach, CA 92648 TO: ORIGINAL CONTRACTOR OR REPUTED CONTRACTOR WEEGER BROTHERS CONSTRUCTION 2124 MAIN STREET, STE 146 Huntington Beach, CA 92648 TO: LENDER, SURETY OR BONDING COMPANY 1. The following is a genera' description of the labor.service,equipment or materials fumished or to be furnished by the undersigned: 2. Es5ma!ed Price: $79,300.00 3. The name of the person who furnished that tabor, service, equipment or materia!s is: TnyssenKrupp Elevator 506 7th Avenue South K rl:land. WA 98033 4. The name of the person who contracted for purchase of that lab�x service, equipment or material is: WEEGER BROTHERS CONSTRUCTION 2124 LWN STREET, STE 146 Hunt:ngtoi Beach, CA 92648 5. The description of the jobsite is: SOUTH BEACH PHASE II 21D09 PACIFIC COAST HIGHWAY Huntin;oi Beach, CA 92646 , in the County of Orange VERIFICATION I declare that I am authorized to File this PRELIMINARY 20-DAY NOTICE (PRIVATE WORK ) on behalf of the claimant. I have read the foregoing document and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury under the taws of the Stale of Ca".ifomia that the foregoing is true and correct Executed at Kirkland, Washington on 04/02/2003 for THYSSENKRUPP ELEVATOR. By t L=&Z 1�4�}4 o 0 i� Phene:(425) 828-3110 Fax:(42.) 803-2403 Mic'telle Lee. Construction Administrator PROOF OF SERVICE BY MAIL AFFIDAVIT 1. IVichel'e Lee declare that I served copies of the above PRELIMINARY 20-DAY NOTICE (PRIVATE WORK ) By First Class Certified Return Receipt Requested or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above on 0410212003. 1 declare under penalty of perjury under the taws of the Slave of California that the foregoing is true and correct. e" 1�lichelle Lee, Construction Administrator Executed at Kirkland, Washington on 0410?1 003. NOTICE TO PROPERTY OWNER If bills are not paid In full for the labor, services, equipment or materials furnished or to be furnished, a Mechanic's Lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) Requiring your contractor to furnish a signed release by the person or farm giving you this notice before making payment to your contractor, or (2) Any other method or device that Is appropriate under the circumstances. i (21) October 21, 2002 - Council/Agency Agenda - Page 21 t D-5. (City Council) Open Public Hearing and Continue Open to 11 /18/02 —To Consider_ v Adoption of Resolution No. 2002-93 Amending Resolution No. 5159 Establishing a Services Fee Schedule for the Vehicle Immobilizer "Boot' Under the Jurisdiction of the Police Traffic Bureau ( ) Communication from the Chief of Police. Public hearing to'consider adoption of a Resolution amending Resolution No. 5159 to establish a new fee for the booting or immobilization of vehicles towed for five or more unpaid parking citations. Service Fee Schedule for the Vehicle Immobilizer "Boot' Under the Police Traffic Bureau. The fee of employing (that is, attaching and removing) the vehicle immobilizer `boot" by the Police Department shall be $100.00. Be it further resolved that except as amended herein, the fees contained in Resolution No. 5159, as amended. shall remain in full force and effect. On File: A copy of the proposed resolution is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California, 92648, for inspection by the public after Friday, October 18, 2002. Recommended Action: Motion to: Open public hearing and continue open to November 18, 2002. Opened and Continued to 11118102 6-0-1 (Houchen absent) Administrative Hearing D-6 is an administrative public hearing. This'administrative hearing is required by Huntington Beach Municipal Code 1.18. Only property owners are entitled to speak at this administrative hearing. All other interested parties may speak during the regular Public Comments section of the agenda at the beginning of the meeting. Written communications to the City Council may also be mailed to the City Clerk. D-6. (City Council) ODen Administrative Public Hearing and Continue Onen to 11/18/02 to Consider Adoption of _Resolution No. 2002-96 -- Approve Certification of Special Assessments for Delinquent Civil Fines for Municipal Code Violations (570.60) Communication from the City Treasurer and the City Attorney. An Administrative public hearing as required by the California Government Code Section 38377.5 for the purpose of certifying special assessments against properties where public nuisances have occurred. Request for Council certification of recording Notices of Special Assessments against private property for the value of unpaid civil fines, plus interest and penalties, pursuant to Ordinance No. 3397 adopted by City Council on June 15, 1998. Recommended Action: Motion to: Open the administrative public hearing to consider adoption of Resolution No. 2002-96 entitled "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collection of Delinquent Civil Fines for Municipal Code Violations"and continue open to November 18, 2002. Opened and Continued to 11118102 6-0-1(Houchen absent) (22) October 21, 2002 - Council/Agency Agenda - Page 22 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. E-1. (City CouncillRedevelopment A encyl Minutes -Approve and adopt the minutes of the City Council/Redevelopment Agency Adjourned Regular meetings of September 9, 2002 as written and on file in the Office of the City Clerk. Submitted b the City Clerk. Approved and Adopted 6-0-1(Houchen absent) E-2. (City Council) Approve Citv Responses to Orange Countv Grand Jury Report — "Affordable Housing, Light One -Candle" ( . )—Approve the proposed responses to the Orange County Grand Jury report "Affordable Housing, Light One Candle; and authorize the City Administrator to forward the responses to the Grand .fury. Submitted by the Economic Development Director and the Planning Director. Funding Source: Not Applicable. Approved 6-0-1(Houchen absent) E 3. (City Council) Approve Agreement with the Orange County Sanitation District for PreRaration of a Fats, Oils and Grease (FOG) Control Study ( . ) — Authorise the Mayor and City Clerk to execute the Agreement with the Orange County Sanitation District. Submitted by the Public Works D rector. Funding Source: No funding necessary for this action. A payment of $3,000 was made from the Sewer Service Fund. Approved 6-0-1(Houchen absent) E-4. JCity Council) Approve Plans and Specifications and Authorize Advertisement for South Beach Phase II Improvement Project, CC-1169 ( . )—Approve the project plans and specifications and authorize the Director of Public Works to request bids for the South Beach Phase II Improvement Prcject, CC-1169. Submitted by the Acting Community Services Director and the Public Works Direct6r. Funding Source: Funds in the amount of $9,242,250 from Lease Revenue Bonds 001 Series A, are budgeted in South Beach tmprovements, Phase It Account. . Approved 6-0-1(Houchen absent) E-5. (City Council) Adopt Resolution No. 2002-104 Concernina the Status of the Circulation Element for the City of Huntinqton Beach to Conform with the Orange County Master Plan of Arterial Highways LMPAH) ( . ) — Adopt Resolution No. 2002-104 — "A Resolution of the City Council of the City of Huntington Beach Concerning the Status of the Circulation Element for the City of Huntington Beach." Submitted by the Public Works Director. Funding Source: None required. (See Public Hearing Agenda Item D-4: This E-Item Is pending and dependent upon the approval of the Public Hearing Agenda Item DA — General Plan Amendment M CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TARI.E OF CONTENTS I. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF TI IE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CON' TRACTOR 7 H. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WMIHELD CONTRACT FUNDS, SUBSTITUTI01` OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. DEFAULT & TERMINATION 15 23. TEWIN ATION FOR CONVENIENCE 16 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 25. NON -ASSIGNABILITY 16 26. CITY EMPLOYEES AND OFFICIALS 16 27. STOP NOTICES 17 28. NOTICES 17 29. SECTION I [EADINGS 18 30. IMMIGRATION I$ 31. LEGAL SERVICES SUBCONTRACTING PROI[IBM-.D 18 32. ATTORNEY'S FEES 18 33. INTERPRETATION OF THIS AGREEMENT 19 34. GOVERNING LAW 19 35. DUPLICATE ORIGINAL 19 36. CONSENT 20 37. SURVIVAL 20 39. MODIFICATION 20 39 ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND V FOR gam_ Tw 12 THIS AGREEMENT ("Agreement") made and entered into this ��fh day of 20e , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and l,rlyd•L 1��_ f� +u C� , a Californian hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public corks project, hereinafter referred to as "PROJECT; more fully described as �AJ Ontcyr- in the City of Huntington t3� ter ►� P ws � t-ct:,a'r A-L�[c►2� r�-��' 3� �' �' � Bcach; 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. STATI-NIFNT,OF WORK: ACCF FvrANCF OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and 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 fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agredrormslcity coasV10-18-01 I 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 arc herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 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 defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement Eased upon its thorough 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 the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the wort: covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; sgreeformvc+ty e«ud1 a 19-01 2 C. The arcs 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, and any revisions, amendments or addenda thereto; D. 'rhe current edition of 5iandard Specifications for Public Mor,4s Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, 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 Rids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the flans 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 a discrepancy between any PIans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinailer referred to as "DPW"), and puredrormsfcity "M:111a 1 s-0 s 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DP%11, 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 the bid or proposal which is in conflict herewith. 3. COMPE.NSATION 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 Ntus tA,tttep � ~Keo PIO-V%�r -rHOs5'V'�o Dollars (S_n,=Ca 50o , as set forth 13 rj�x t7 PL4-s' Se LE' in the Contract Documents, to be paid as provided in this Agreement. 4. COti1N1F?NCF,MFNT OF PROJFCT CONTRACTOR agrees to commence the PROJECT within ten (14) working days after the Notice To Proceed is issued and diligently, prosecute the PROJECT to R -Z- Mr-"?- -,. k94%.4V-'K ec-v�-, coaKs completion withinV (_) consecutive from the day the IA- H tkrStit 5 t =un. U F;t-,6: vA eW Nr* V<V t? %c-tf, <., U, Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIhiF OF TI IF FSSFNCF: 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 a3rac/frnmVtq.v consV10-1"l 4 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 hay.- 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. b 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 wort: necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. Men 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 DPI' 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. .j"dfarms/city co►5/10-18-01 5 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 wort, will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (10010) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIFS 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 (I0) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace a4 reefforms/ciry consV10.18-01 6 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 own cost and expense. 10. IND1?PI:NDI?NT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder a, an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of aft 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 and'or the services performed hereunder. 11. LI UIDATF.D DAMAGES/DF.LAYS 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 S[,�C t { t`'t 1✓C d'�! + �� Dollars ($ 6"50- c-r-7- } per day for each and every working day's delay in completing the work in excess of the number of work-ing/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and azfedforMVCity CWS111 O.1 &ot 7 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 the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited 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), 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 DP%k' 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 by 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 thy 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 agee/forms/city const/lo• 18-01 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPNV in writing of. (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) 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 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. B. 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. agee/formV61V tons1/10.18.01 9 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. DP«' 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 sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DI'W 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 of the progress estimate, 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 (50010') 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 manth up to one hundred percent (1000/0) of e;; Wformslciey cwsd14.18.01 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. arcs final payment to CONTRACTOR, 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 at the sole cost 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 terns 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 die PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's 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. agreeJfor"w6ty const,10.18&01 I I 17. WATVI:R 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, I IOL.D FlARMLF.SS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of an) kind or nature, however caused, including those resulting from death or injury to COWRACTOR'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 and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon flit amount of indemnification to be provided by CONTRACTOR. 19, WORKERS' COMPENSATION AND Fht['[.OYF.R'S LTABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agwformvcin• constllo• 1 &01 12 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 obtain and iurnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out 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 One Million Dollars ($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 One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additionat Insureds, and shall specifically provide that any other insurance soee/forms/ciry crost/ IQ 1 &01 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INS11RANC17• ADDIT10-4AI. INSURED FNI)ORSEMENTS 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; file certificates shall: 1. provide the name and policy number of each carrier and policy, 2. state that the policy is currently in force; and 3. 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 CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agedformocin•conSVIO- -ol 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. DF.FAUI.T AND TFRMINAT10N 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 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 CONTRACTOR 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 23. TERMINATION FOR CONVF:NIFNCF, CITY may tenninate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. in Bic event of termination, under this Section CITY shall Fay CONTRACTOR for value of work in place on the PROJECT through the termination apWforrdcin• eonsd14 M01 15 period plus seven and one-half percent (7 % °gib) for overhead and profit less all such payments already made. Such payment by CITY shalt be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 24. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or 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. 25. NONASSMNABILITY 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. 26. CITY FMPLOYEFS 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 the California Government Code. 27. STOP NOTICES: RECOVERY OF ADMIN1STRATIVF, COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One agWfbrmskuy em+su1 o.1 s-o 1 16 Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), 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. 28. OTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATI'N: 6-4AC, CtIArLL.,st�' 2000 Alain Street fluntington Bcach, CA 92648 29. SECTION HEADINGS TO CONTRACTOR: The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters ageefforms/ury const/I Q 18-D 1 17 included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the pallies or affect the construction or interpretation of any provision of this Agreement. 30. MCMIGRATION 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 United States Code Section 1324a regarding employment verification. 31. LEGAL SERVICES SUBCONTRACTING PRO111BlTFD CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor wort; 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. 32. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 33. INTERPRETATION OF T111S AGRFE1y1F,NT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the panics. If any rrovision of this Agreement is held by an arbitrator or court of competent jurisdiction to be agWformVcity const/ 141 &01 18 unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agre.-mcnt. No covenant or provision shall be deemed dependent upon any other unless so expressly provided hen;. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict bctriveen any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 34. GOVFRNING LAIN' This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE; ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSF•.NT `Where CITY's consentlapproval is required under this Agreement, its consent°approval for one transaction or event shall not be deemed to be consentlapproval to any subsequent occurrence of the same or any other transaction or event. seree/formskily wosd10.18-41 19 37. SURVIVAL. Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 38. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 39. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS NMEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. ae.ree/fornWcity eonst/10.18.01 20 CONTRACTOR By: 4�+G print name ITS: (circle one) Chaim Presiden AND By:" -A, print name ITS: (circle o Secretary CITY OF HUNTINGTON BEACH, a muniion of the State of California cip 1 corporat '?wA PL-.r Mayor ATTEST: Awl;, City Clerk APPR VED AS TO FORM: v Attorney ' A I A APPROVED: REVIEWED AND APPROVED: Director of Public Work City Aidministrator agree/forms/city consdl0-18-01 21 4 - SECTION C PROPOSAL for the South Beach Phase Two Between First Street to Huntington Street (on the coastal side of Pacific Coast Highway) CASH CONTRACT No. 1169 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise C-I the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shalt govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates x6thin 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 ma's >13-d in the amount of $10% cf RU 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). Biddershall signify receipt of all Addenda here, if any: Addenda A'o. Dale Received Bidder's Signature . 01 11/20/2002 02 11/27/2002 03 12/04/02 C-2 • PROJECT BID SCHEDULE South Beach, Phase Two Coastal Side of Pacific Coast Highway Between Huntington Drive and First Street CASH CONTRACT No. 1169 PROJECT BASE BID: TOTAL LUMP SUM BID AMOUNT IN FIGURES: $ 1T 3 C =1 CT TOTAL LUNIP SUM BID AMOUNT 1N WORDS- 1'RO.II'CT ALTERNATIVES: The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract on the basis of the project Base Bid alone. Additive Alternate No. 1 $ Lump Sum Amount in Words: G" color concrete, 9-size A decorative pots, 9-rize D decorative pots, 10 bollards, planting for pots/irrigation for pots. QO Additive Alternate No. 3 Lump Sum Amount in Words: $ 147 Entry sign at Pacific Coast Highway at Huntington street. ,�a� • Additive Alternate No. 3 Lump Sum Amount in Words: Street light upgrades; sheets 1,3 R 3 $ J • Additive Alternate No. 4 Lump Sum Amount in Words: S �r First Street outlet storm drain; sheets !? & 3 Additive Alternate No. 5 S Lump Sum in Words: Remove all !existing asphalt in parking and drive aisle areas and Replace with F" full depth AC. Dollar amount for this item shall Co + be the dill'crence in cost as compared to the partial asphalt work � as stipulated in the construction drawings, i.e. sate• cut and R&R AC., T patch trenches, Mirift placement, crack scaling etc. !:lace a (+) in front of the dollar amount to indicate additional cost o. a (-) to indicate a cost savings for this alicmatiVe. C-3 Additive Alternate No. b Lump Sum Amount in Words: Flood Proofing the Lifeguard Headquarters and Educational Center Buildings Additive Alternate No. 7 Lump Sum Amount in Words: Provide water filled cofferdam For use at the lifeguard headquarters and educational buildings in case of flood. ea Ono.— C-4 S . Y 1. M1)j4b Mbt z. Stnxbznl St] 3. taut- 4. IC R virri 5. tmazy 6. Me grirlk o & we 9. 1rctricol 10. laWMastEr 11. Cep Bmrd 12 McEirrj 13. gat Votal 14. Mn±w/GL-:= I& Itfrt 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 rerform 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 (by percentage of the total bid) the work to be done by such subcontractor. Portion Of Tf'ork 00) Name of Subcontractor and Address : =.: .: State License 'A1A'umber...' ' Class L GAw o�rfl -�> e L A M ryt %f77 � f ,a t% �a7a7� n G 5'vc i dr :vc cTico RA. 73/ I44 C ARF j/�.✓C C f9�/.os� Tt.e.� �73 3 77 7,?2 2 3 57 S 7 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. l C-5 16. EGMutxr 17. 7LIe 1& LV1=ej% 19. Rdlinrn 21. c- f iref 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 (by percentage of the total bid) the work to be done by such subcontractor. . Poriion of Mork 011) Name of Subcontractor andAddress : °State License : h'uniher :. : . 'Class - -4i��M . repu/aviN L.A. wD^ A;.•- e -t/ lv�o�v JOi►'�L t/A�Cr �f 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-5 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Type of HateriaV or Product Name of Vendor Address oj0>�ce and Tele9hv►re Number and Alodel (s) Number(s) C-6 ,. y NONCOLLUSION AFFIDAV'IT TO BE EXECUTED BY BIDDER AND SUBMITTED'4IMI BID State of California ss County of Orange Mmk T. Wbegw , being first duly sworn, deposes and says that he WOOM is P=03 - of wmqrr, B=., irk the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not col:usive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding: that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Weeger Bros., Inc. Name of Bidder �cnatur ' der 2124 Main Stre , Sufte 146 Huntington Beach, CA 92648 Address of Bidder Subscribed and sworn to before me this 10th day of December 20 02 NOTARY PUBLIC rDawn Roda DAWN RWA NDM FUKZ-CAtiolYi+1 0 Ea00 lit Ceara EON %**tt 2W NOTARY SEAL C-i 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 SOUTH BEACH, PIIASE TNVO, (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: December 10, 2002 Weeger Bros., Inc. Contractor By Mark eeger Title President C-8 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 zwo 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-9 i COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract. Date: December 1 0, 2002 Weeger Bros., Xnc. Contractor y ark beget ('j Title President C-10 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before schedules! excavation. Dig Alert Mewifiratintr 1Vrrnrher; Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-11 BIUDER'S INFORMATION BIDDER certifies that the following information is true and correct: Weeger Bros., Inc. Bidder Name 2124 Main Street, Suite 146 Business Address Huntington Beach, CA 92648 ( 7141 536-3854 Telephone Number 417715 A, B, C5, C8, C12, ASB State Contractor's License No. and Class 02/03/1982 Original Date Issued 02/29/2004 Expiration Date The work site was inspected by Gregory J. Weeger of our office on November 22 120 02 The following are persons, firnis, and corporations having a principal interest in this proposal: Mark T. Weeger, President Gregory J. Weeger, Secretary C-12 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 Bros., Inc. Company Name Mark T. Weeger Printed or Typed Signature 2124 Main Street, Suite 146 Address of Bidder Huntington Beach, CA 92648 ( 714) 536-3854 Telephone Number Subscribed and sworn to before me this 1 Oth day of December 72002 NOTARY PUBLIC Dawn Roda NOTARY SEAL C-13 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Bolsa Chica State Beach, 12901 PCii, Huntington Beach Name and Address Construction Manager: Kleinfelder Name and Telephone No. of Project Manager: Rick Hinton 94 727-4 466 12.233,327 Public Works; Demo/New Construction 12/2002 Contract Amount Type of Work Date Completed 2. Beach Maintenance Facility, 8669 Edison Ave,Huntington Beach Name and Address Name and Telephone No. of Project hiaaager:Eric Charloyne) 714/536-5430 2,6040968 Public Works; New Construction 08/05/2002 Contract Amount Type of Work Date Completed 3. Fire Station No. 6, 18590 Edwards St, Huntington Beach Name and Address Name and Telephone No. of Project Alanager: Eric Charlorine ) 714/536-5430 2,627,826 Public Works; New Construction 11/03/2000 Contract Amount Type of Work Date Completed C-14 City of Huntington Beach Public Works Department 2000 Main. Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For South Beach Phase 2 CC No 1169 November 18, 2002 Notice Tc All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: ITEM NUMBER ONE: Addition of poured in place concrete wall detail for 7' 8' and 9' wall heights. See attachment "A "for new detail_ ITEM NUMBER TWO: Addition of CMU wall detail for 14' wall heights. See attachment 'B'for new detail. ITEM NUMBER THREE: Sheet L-9.1 Details "AN, 1t3wand `C". CMU retaining walls to have 90% compacted subrade under footings. Detail 11E"indicates 195% compaction" This shall be changed to 190% Compaction ITEM NUMBER FOUR: Sheet D-1 Item 't "under Electrical Notes Reads 'Remove existing antenna tower and connections! The following shall be added 'Salvage 800 MHz antenna at existing lifeguard headquarters and re - erect entire structure in location to be determined. (final location will be within proximity of new lifeguard headquarters). Install 2" conduit from antenna to control room of Lifeguard Headquarters. Contractor shall provide all necessary structural calcs and drawings for approval by the City and shall obtain all necessary permits. ITEM NUMBER FIVE: Sheet C-25 Retainingbelow the ramp shows an elevation of 21.70trw this has been deleted. See attached 8.654 1 " `Wall Plan Sheet C-25" The wall below the ramp shall be per the added Attachment "A" detail contained within this addendum. The wall will not have a cap or rail. The final wall height will be determined by the finish surface of the ramp above. ITEM NUMBER SIX: Sheet B-AT1 a) Revised Note #1 under -Responsibilities of the contractor." b) Clarification to note under "Type of construction." c) Clarification to note under "Allowable square footage & height." d) Added Note # 21 under `Responsibilities of the contractor." d) Added Note # 21 under "Responsibilities of the contractor.". e) Revise Sheet Index to include Sheets B-S4.1 and B-S4.2. 0 See Attached Drawing Nos. AD1-001, AD1-002 and AD1-003. ITEM NUMBER SEVEN_ Sheet B-AT2 a) Revise Door No. 115 to a 18 Label" rating. b) Revise doortype "D"to indicate "breakaway panels." c) Revise finish schedule for rooms 107 & 109. d) Add Hardware Designations and clarify Thresholds. e) See Attached Drawing Nos. AD1-004, AD1-005, AD1-006, AD1-062 and AD1-063. ITEM NUMBER EIGHT: Sheet B-AS'I a) Added horizontal tie -down dimensions. Verify with civil drawings. b) See Attached Drawing Nos. AD 1-007 and AD 1-008. ITEM NUMBER NINE: Sheet B-A4 a) Revise Door No. 213 to indicate `break away panels." b) Indicate occupant load sign in Lecture Room; Construction Note 92. c) Provide an allowance of $ 3,000 in the base bid for the installation of kitchen equipment (i.e., rangeloven, exhaust hood) and utilities in Kitchen 207. d) Remove glass side panel at Door 204. Provide typical exterior wall condition. e) See Attached Drawing Nos. AD 1-009, AD 1-010. ITEM NUMBER TEN: ISheet B-A6 a) Add emergency exit sign at Hallway 214. b) lndicate a "Not an exit" sign near Door No. 204. c) See Attached Drawing No. AD 1-011. ITEM NUMBER ELEVEN: Sheet B AGA a) Indicate occupant separation i4 thin shaded area. by See Attached Drawing No. AD1-012. 1 ITEM NUMBER TWELVE: Sheet B-A7 a) Added Construction Note 91 to install bird alighting/roosting deterrent continuous at the tops of all roof/fascia edges, parapet walls and mechanical screens. b) See Attached Drawing Nos. ADl-013 and AD1-014. ITEM NUMBER THIRTEEN: Sheet B-Al2 a) Revise roof bearing height at both Building Sections. b) At Section 1 correct room name "Lecture 206." c) See Attached Drawing No. AD1-016. ITEM NUMBER FOURTEEN: Sheet B-A16 a) Revise Section 1 to indicate double deck condition. See structural drawing for bearing heights. b) Add wall Section 4. c) See Attached Drawing Nos. AD 1-017 and AD 1-0 1 8. ITEM NUMBER FIFTEEN: Sheet B-AD2 a) Revise details 1 and 2 to indicate diagonal bracing. b) Sep Attached Drawing Nos. AD1-020 and AD1-021. ITEM NUMBER SIXTEEN: Sheet B-AD3 a) Add Detail 15. b) Revise Detail 11. c) See Attached Drawing Nos. AD1-022 andAD1-023. ITEM NUMBER SEVENTEEN: Sheet C-AT1 a) Add Note #21 under "Responsibilities of the Contractor." b) Revise Note #1 under "Responsibilities of the Contractor." c) See Attached Drawing Nos. AD1-066 and AD1-067. ITEM NUMBER EIGHTEEN: Sheet C-AT2 a) Revise Door Schedule to reflect head & jamb details on Sheet C-DI. 0 b) See Attached Drawing No. AD1-068. ITEM NUMBER NINETEEN: Sheet C AS1 and C-AS2 a) Added to horizontal tie down dimensions. Verify t%ith civil drawings. b) See Attached Drawing Nos. ADI-069 and AD1-070. IQ ITEM NUMBER TWENTY: Sheet D-AT1 10 a) Add Note #21 under -Responsibilities of the Contractor." b) Revise Note #1 under 'Responsibilities of the Contractor." iq c) See Attached Drawing Nos. AD1-071 and AD1-072. ITEM NUMBER TWENTY-ONE: Sheet D-AS1 a) Added horizontal tie down dimensions. Verify with civil drawings. b) See Attached Drawing Nos. AD1-077. ITEM NUMBER TWENTY-TWO: Sheet D-Al a) Indicate slope for proper drainage to Plumbing Chase. b) Add Construction Note 28. c) See Attached Drawing Nos. AD1-073 and ADi-074. ITEM NUMBER TWENTY-THREE: Sheet E-AT1 a) Add Note #21 under -Responsibilities of the Contractor." b) Revise Note # 1 under 'Responsibik'ties of the Contractor." c) See Attached Drawing Nos. AD1-075 and AD1-076. ITEM NUMBER TWENTY-FOUR: Sheet E-AS1 a) Added horizontal tie -down dimensions. Verify with civil drawings. b) See Attached Drawing No. AD1-076. 11 ITEM NUMBER TWENTY-FIVE: Several "A" Sheets IM a) Added Construction Notes 87 through 92. b) See Attached Drawing No. AD1-033. ITEM NUMBER TWENTY-SIX: Sheet A-A4 a) Added Construction Note 91 to install bird alighting/roosting deterrent continuous at a!1 the tops of all roof/fascia edges, parapet walls and mechanical screens. b) Add dual height plastic laminate countertops at Report Writing/ Communication&Vispatch 10 Room, 206. c) See Attached Drawing Nos. AD1-031 and AD1-032. 11 ITEM NUMBER TWENTY-SEVEN: Sheet A-A7 a) Added Construction Note 91 to install bird alighting/roosting deterrent continuous at all the tops of all roof/fascia edges, parapet walls and mechanical screens. b) See Attached Dra wing Nos. AD 1-034 and AD 1-035. ITEM NUMBER TWENTY-EIGHT: Sheet A-A9 a) Added Construction Note 19 at left side of West Elevation to clarify location of stacked stone veneer. b) See, Attached Drawing No. AD1-036. ITEM NUMBER TWENTY-NINE: Sheet A-A19 a) Clarified Wall Section 2, location of Grid Lines and added structure to Section. b) See Attached Drawing No. AD1-037. ITEM NUMBER THIRTY: Sheet B-A9 a) Remove glazing near Grid line "D" at West Elevation. b) See Attached Drawing No. AD1-024. ITEM NUMBER THIRTY-ONE: Sheet A-A3 a) Revise ceiling at Rooms 103, 105, 115 and 129. b) See Attached Drawing Nos. AD1-038 andAD1-039. ITEM NUMBER THIRTY-TWO: Sheet A-A4 a) Revise Door No. 222 to indicate "breakaway panels." b) Add Construction Note 90 applicable to Door No. 222. c) See Attached Drawing No. AD1-031. 14 ITEM NUMBER THIRTY-THREE:. Sheet A-AD2 IR a) Revise Detail 1 to indicate diagonal bracing. See Attached Drawing No. AD1-040. IQ b) Revise Detail 3 to indicate diagonal bracing. See Attached Drawing No. AD1-041. ITEM NUMBER THIRTY-FOUR: Sheet A-AD3 IQ a) Add Detail 15. See Attached Drawing No. AD1-043. 10 b) Revise Detail 11. See Attached Drawing No. AD1-042. IQ ITEM NUMBER THIRTY-FIVE: Sheet A-AT1 a) Revise Sheet Index to include A-S4.1 and A-S4.2. IQ b) Add Construction Note 21 under'Responsibilities of the Contractor." c) See Attached Drawing Nos. AD1-044 and ADi-045. IQ ITEM NUMBER THIRTY-SIX: Sheet A AT2 INa) Revise Door Type "D" to indicate "breakaway panels." b) Add Hardware Designations and clan'fy Thresholds. in c) See Attached Drawing No. AD1-046, ADl-064 and AD1-065. ITEM NUMBER THIRTY-SEVEN: Sheet A-AT3 a) Revise Finish Schedule for Rooms 105, 106, 107, 109, 111, 113, and 116. In b) See Attached Drawing No. AD1-026. 11 ITEM NUMBER THIRTY-EIGHT: Sheet A-AT3.1 a) Revise interior elevation 4. b) Add Construction Notes 87, 88 and 89 applicable to interior elevation 4. c) See Attached Drawing No. AD 1-027. ITEM NUMBER THIRTY-NINE: Sheet A-AS1 a) Added horizontal tie down dimensions. Verify with civil drawings. b) See Attached Drawing Nos. AD1-028, AD1-029 and AD1-030. ITEM NUMBER FORTY: Sheet B-A14 a) Revised glazing configuration at Lecture Room wall at Section 1. b) See Attached Drawing No. AD1-019. ITEM NUMBER FORTY-ONE: Several "B" Sheets Added Notes 87 92. a) Construction through b) See Attached Drawing No. AS1-025. ITEM NUMBER FORTY-TWO: Sheet A-S2.1 a) Revised extent of retaining wall at Northeast and Northwest corners of buildings. b) Revised Grid to Grid dimensions. c) See Attached Drawing Nos. AD1-047 and AD1-048. ITEM NUMBER FORTY-THREE: a) Added Sheets A-S4.1, A-S4.2, B-S4.1 and B-S4.2. ITEM NUMBER FORTY-FOUR: Sheet A-S3.16 al Added Details 3, 4, 5, 6, 7, 8 and 9. b) See Attached Drawing Nos. AD1-049, AD1-050, AD1-051, AD1-052, AD1-053, ADi-054, AD1-055, ITEM NUMBER FORTY-FIVE: Sheet B-S3.2 a) Clarified the roof above the stairwell_ Revised Detail callout to 1/S3.12. b) See Attached Drawing No. AD1-060. ITEM NUMBER FORTY-SIX: Sheet B-S3.11 a) Added Details 5, 6, 7 and 6. b) See Attached Drawing Nos. AD1-056, AD1-057, AD1-058 and AD1-059. ITEM NUMBER FORTY-SEVEN: Specification Section 10290 a) Add Specification. Section 10290, Bird Alighting and Roosting Deterrent (Attached). id ITEM NUMBER FORTY-EIGHT: Specification Section 08710 Id a) Add Pages 3, 4 and 5 to Specification Section 08710, Finish Hardavare (Attached). Id ITEM NUMBER FORTY-NINE: Specification Section 08800, Glazing a) It is clarified that only glazing with eighteen inches (18') of the finished floor or a door is to be tempered. Typical dual glazing is to be X" grey glass at exterior side and '/." clear glass at interior side. All glazing at exterior guardrails is to be M" clear tempered glass. Approved glazing manufacturers are to include Trident Consolidated, City of Industry, Hehr Glass, Pomona and California Glass Bending, Wilmington. ITEM NUMBER FIFTY: Sheet B-S3.12 a) Added Sheet B-S3.12. At this time, Detail 1 is the only Detail on Sheet B-S3.12. b) See Attached Drawing No. AD1-061. ITEM NUMBER FIFTY-ONE: Sheets C-1 through C-27 IdConstruction note # 3 on civil drawings shall be mod;fled from 10" Full Depth A. C. to 6" Full Depth A.C. Id ITEM NUMBER FIFTY-TWO.-, ADDITIVE ALTERNATE #5 id Additive alternate #5 has been added to the Bid Summary Sheet — See attached Bid Summary Id Sheet pg. C-3. dThis modification does not change the Engineers Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated November 15. 2002 Weeger Bros., Inc. Company Name kf Ma eege , Pre dent December 10, 2t]02 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO - For South Beach Phase 2 CC No 1169 November 26, 2002 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: ITEM NUMBER ONE SHEET A-AT1 A132-001 a) Revise multiple phrases `Kitchen"to read 'Break Room" under'Lifeguard Hq Bldg Data' b) Remove duplicate "Allowable Sq. Footage d Height" under lifeguard Hq Bldg Data' c) Remove 'No Area Increase Necessaryr' under Lifeguard Hq Bldg Data' ITEM NUMBER TWO: SHEET AAT2 A132-030 a) Revise doors 103, 119, & 121 'ratings'to read "B-L2tel ITEM NUMBER THREE: SHEET A-AT3 A132-002 a) Revise Room Finish Schedule; room Ws 115 & 211 to read 'Break Room b) Remove all data in 'Rm 215 Elevator' and add remark 'see sheet A-A20' ITEM NUMBER FOUR: SHEET A-AT3.1 AD2-003 a) Revise elevation 6 to read 'Break Room 115" in lieu of "Kitchen 115" b) Add Elevation 5'Break Room 211" ITEM NUMBER FIVE: SHEET A -All AD2-004 a) Move door 106 to suing in the direction of egress as shown. b) Add Occupant Load Sign near door no.106 c) Revise phrase Kitchen 115"to read 'Break Room 115" ITEM NUMBER SIX: SHEET AA3.1 A132-005 a) Revise phrase 'Kitchen 115"to read 'Break Room 115" ITEM NUMBER SEVEN: SHEET A-A4 AD2-006 a) Revise phrase "Kitchen 211"to read Break Room 211" ITEM NUMBER EIGHT: SHEET A-A6.1 AD2-007 a) Revise phrase "Kitchen 211410 read 'Break Room 211" ITEM NUMBER NINE: SHEETA All AD2-008 a) On Section D-D, revise phrase 'Kitchen 211 to read 'Break Room 211" ITEM NUMBER TEN: SHEET A-21 AD2-009 a) Revise phrase 'Kitchen 115"to read 'Break Room 15" LTEM NUMBER ELEVEN: SHEET A-AD2 AD2-010, A132-011 al Added pipe penetration Details 12 & 13 ITEM NUMBER TWELVE: SHEET A-AD4 AD2-012, AD2-013 a) Revise Detail 11 b) Revise Detail 19 ITEM NUMBER THIRTEEN: LFGDCONST. NOTES AD2-021 a) Revise construction note #29 from '...SS Kitchen Sir.k w/..."to '...SS Break Room sink w/..." ITEM NUMBER FOURTEEN: SHEET B-AT1 ADZ-014 a) Revise phrase 'Kitchen" to read 'Break Room" under'Jr. Lifeguard Building Data' (2 places) ITEM NUMBER FIFTEEN: SHEET B-AT2 AD2-015 a) Revise th'rndow Schedule; room no. 207 to read 'Break Room"in Neu of'Mchen" b) Revise Room Finish Schedule, room no. 207 to read'Break Room" in lieu of 'Kitchen" c) See attached drawingno's AD1-017 & AD1-018 ITEM NUMBER SIXTEEN: SHEET B-AT3 AD2-016 a) Revise Elevation 1 to read 'Break Room 207"in lieu of Kitchen 207" ITEM NUMBER SEVENTEEN: SHEET B-A4 AD2-017 a) Revise phrase Kitchen 207"to read "Break Room 207" ITEM NUMBER EIGHTEEN: SHEET S AM AD2-018 a) Revise phrase 'Kitchen 207"to read 'Break Room 207" ITEM NUMBER NINETEEN: SHEET B-A10 ADZ-019 a) On Section A -A, Revise phrase 'Kitchen 207"to read 'Break Room 207" ITEM NUMBER TWENTY: SHEET B-All AD2-020 a) On Section D-D, Revise phrase 'Kitchen 207"to read 'Break Room 207" ITEM NUMBER TWENTY-ONE: SHEET B-A13 AD2-022 a) On Section 1. revise phrase "Kitchen 207" to read "Break Room 207" [[EM NUMBER TWENTY-TWO SHEET B-A14 AD2-023 a) On Section 2, revise phrase 'Kitchen 207' to read'B.-eak Room 207" ITEM NUMBER TWENTY-THREE: SHEET B -Al 8 AD2-024 a) On Section 1, revise phrase "Kitchen 207' to read "Break Room 207' ITEM NUMER TWENTY-FOUR: SHEET B-AD2 AD2-025, AD2-026 a) Added pipe penetration Details 12 & 13 ITEM NUMBER TWENTY-FIVE: SHEET BAN AD2-027, AD2-02a a) Revise Detail 11 b) Revise Detail 19 ITEM NUMBER TWENTY-SIX: JRGD HQ CONST. NOTES AD2-029 a) Revise construction note #29 from '...SS Kitchen Sirk wl..."to '...SS Break Room sink w/..." ITEM NUMBER TWENTY-SEVEN: SHEET A-A1 AD2-031 a) Remove i hr fire rating from wall between Weight Rcom 101 & Dive Locker 102 b) Add 1hr fire rating for malls between Dive Locker 102, Water Vehicle Storage 103, 8 Apparatus Storage 104 ITEM NUMBER TWENTY-EIGHT: SHEET A-A2 AD2-032 a) New dimensions added for door locations ITEM NUMBER TWENTY-NINE: SHEET A-AD2 AD2-033 a) Add new note box to detail #6 and revise title from 'Typical Firestop Detail" to read "Typical Fire Blocking Detad ITEM NUMBER THIRTY: SHEET A-A4 AD2-034 a) Flood control changes — ITEM NUMBER THIRTY-ONE: SHEET B-A3.1 AD2-035 a) Add new note box & shade Food Concession 106 ter 1 hr rating ITEM NUMBER THIRTY-TWO: SHEET B A4 AD2-036 a) Move door 206 to swing in the direction of egress as shown. ITEM NUMBER THIRTY-THREE: SHEET 13-A6.1 AD2-037 a) Move door 206 to swing in the direction of egress as shown. b) Add new note box & shade Food Concession 106 for 1 hr rating ITEM NUMBER THIRTY-FOUR: SHEET B AD2 AD2-038 a) Add new note box to detail # 6 and revise title from 'Typical Firestop Detail" to read 'Typical Fire Blocking Detail ITEM NUMBER THIRTY-FIVE SHEET BA13 AD2-039, AD2-040 a) Revise section bubble from 7/BAD2 TO "-AD2 b) Remove ceiling & cei,5ng height dimension and add section bubble &B AD2 ITEM NUMBER THIRTY-SIX: SHEET B-A14 AD2-041, ADZ-042 a) Add section bubble a13 AD2 to both wall sections ITEM NUMBER THIRTY-SEVEN SHEET B-Al6 AD2-043 a) Add section bubble a B AD2 to wall section. Surround gypsum board around l-beams. ITEM NUMBER THIRTY-EIGHT SHEET 13-A17 a) Add section bubble 013AD2 to both wall sections ITEM NUMBER THIRTY-NINE: SHEET B-AT2 a) Revise door no. 107 to Type 'Wand add remark. b) Add door elevation 'H' ITEM NUMBER FORTY: SHEET BA1 a) Revise door 107, add personnel door b) Revise door swing 108 ITEM NUMBER FORTY-ONE: SHEETT B-A3.1 a) Revise egress flow at Wet Storage 104 AD2-044 AD2-045, AD2-046 ADZ-047 AD2-048 ITEM NUMBER FORTY.TWO: ADDITIVE ALTERNATE #G a) The Contractor is to insert a single, lump sum, line item for Additive Altemate #6 to include flood proofing the Lifeguard Headquarters Building and the Educational Center Building on the revised Project Bid Schedule sheet See attached Project Bid Schedule sheet within Section C - Proposal pg C-3 and C4. ADDITIVE ALTERNATE #6 AFFECTS SEVERAL -A" AND'B' SHEETS The intent of Additive Alternate #6 is to flood proof (make watertight) the habitable part of the first floor of the Lifeguard Headquarters Building up to 4.2 feet above the finish floor. That is, rooms 129, Electrical Room,105, Maintenance Storage and all rooms to the east of Grid Lines 3 and 4. The flood proofing is to include (but may not be limited to): 1. Door numbers 101, 103, 110. 111. 114. 123 and 125 are to be flood -proofed up to 4.2 feet above the finish floor elevation with compression gasket lift -out flood panels with recessed sills. Panels are to be as manufactured by Walz & Krenzer, Inc., Oxford, CT., 203-267-5712. 2. The wall separating the habitable first floor from the garage shall be changed from 2x wood construction to 8' CMU as shown in Drawing No. A02-034. The fooling under the CMU wall is to be as shown in Detail 41S2.3. 3. East and south exterior walls of the building and the garage side of the wall separating the habitable first floor from the garage shall be waterproofed (under the finishes at the exterior) up to 4.2 feet above the finish floor elevation with the same Samafil waterproofing system specified at the retaining wall on the north side of the building. 4. Assume the epoxy -coated, reinforcing steel in the interior and exterior masonry walls at the perimeter of the habitable first floor is to be increased 33% over what is shown in the Drawings to a eight of 4.2 feet above the finish floor elevation. 5. Assume the width of the concrete footings at the north, east and south exterior walls of the building and the CMU wall separating the habitable first floor from the garage are to be increased 33% over what is shown in the Drawings. Assume the concrete slab under the habitable area to be incrreased to thirty (30) inches thick. The intent of Additive A'ternate #6 is to flood proof (make watertight) the first floor of the Educational Center Building up to 3.8 feet above the finish floor. The flood proofing is to include (but may not be limited to): 1. Door numbers 101, 102, 103, 104, 105, 106, 107, 103, 109 and 110 are to be flood -proofed up to 3.8 feet above the finish floor elevation with compression gasket lift -out flood panels with recessed sills. Panels are to be as manufactured by Walz & Krenzer, Inc., Oxford, CT., 203-267.5712. 2. Exterior walls of the building shall be waterproofed under the finishes up to 3.8 feet above the finish floor elevation with the same Samafil waterproofing system specified at the retaining wall on the north side of the building. 3. Assume the epoxy -coated, reinforcing steel in the exterior masonry walls at the perimeter of the first floor is to be increased 33% over what is shown in the Drawings to a height of 3.8 feet above the finish floor elevation. 4. Assume the width of the concrete footings at the exterior walls of the building are to be increased 33% over what is shown in the Drawings. Assume the concrete slab for the entire building to be increased to twenty- four (24) inches thick. Assume a 12" thick slab low in the area of the future food concession. ITEM NUMBER FORTY-THREE: ADDITIVE ALTERNATE #7 a) The Contractor is to insert a single, lump sum, line item for Additive Alternate #7 to include a water filled cofferdam alternative flood proofing for the Lifeguard Headquarfers Building and the Educational Center Building on the revised Project Bid Schedule sheet. See aftached Project Bid Schedule sheet within Section C - Proposal pg C-3 and C-4. ADDITIVE ALTERNATE #7 AFFECTS SEVERAL "A" AND 'B" SHEETS The intent of Additive Alternate #7 is to flood proof the Lifeguard Headquarters Building by providing for water filled cofferdams to be used In case of flood. 1. Propose to provide four hundred (400) lineal feet of water filled cofferdams, six (6) feet tail and seventeen (17) feet wide, to form two lines of dam on the south side of the building to be used in case of flood. Water filled cofferdams are to be'AquaDam" as manufactured by Water Structures Unlimited. Carlotta, California. 800-682-9283. 2. Propose to install a 5.5 horsepower, 3" trash sump pump and hose to reach from the upper parking lot to a low point in the flatwork to the south of the building. The intent of Additive Altemate #7 is 10 flood proof the Educational Center Building by providing for water filled cofferdams to be used in case of flood. 1. Propose to provide five hundred (500) lineal feet cf water filled cofferdams, six (6) feet tall and seventeen (17) feet wide, to form two lines of dam on the south side of the building to be used In case of flood. Water filled cofferdams are to be'AquaDam" as manufactured by Water Structures Unlimited, Carlotta, California. 800-682-9283. 2. Propose to provide a 5.5 horsepower, 3" trash sump pump and hose to reach from the upper parking lot to a low point in the flatwork to the south of the building. ITEM NUMBER FORTY-FOUR: SHEET S-AT1 AD2-049 8) Revise Garage data under'Jr. Lifeguard Bldg. Data'. ITEM NUMBER FORTY-FIVE: SPECIFICATION SECTION 09680, CARPET a) Add Specification Section 09680, CARPET. ITEM NUMBER FORTY-SIX: SPECIFICATION SECTION 02050, BUILDING DEMOLITION a) Add Specification Section 02050, BUILDING DEMOLITION. ITEM NUMBER FORTY-SEVEN: Site plan sheets E-6, E 7, E-8, and E-9 Revise General Note #5: Minimum size for all conduits (including homeruns) to site parking lot lights and walkway lights shall be 2"in lieu of 1 Y:"(Per attached SKI). ITEM NUMBER FORTY-EIGHT: Sheet E-6 and E-9 New beacon per City of HB Standards / Caltrans type 1A (Per attached SK3,10). ITEM NUMBER FORTY-NINE: Sheet E-9 Add unswitched circuit 19 for beacon light (Per attached SK9). ITEM NUMBER FIFTY: Minimum inner radius of conduit bend shall be per NEC 1996 Table 346-10, no exception. Conduit run shown on site plan is diagrammatic, form 45 degree conduit run whenever applicable to avoid two 90 degree bends (Per attached SKI). ITEM NUMBER FIFTY-ONE:Provide additional pull box fer all homeruns greater than 200 feet in length whether shown on the drawings or not (Per attached SKI). ITEM NUMBER FIFTY-TWO: Sheet E-10 and E-14 LGHQ and JLGHD bldgs lighting Omit all low level exit path signs except in 1 hour rated condors. ITEM NUMBER FIFTY-THREE: Site plan sheets E-6, E-7, E-8, and E-9 Add existing site power and telephone pull boxes to be removed including associated conduits and cables, (Per attached SK2 through SK9 and SKI 1). ITEM NUMBER FIFTY-FOUR: Revise feeder schedule forJLGHQ Per attached SK12 ITEM NUMBER FIFTY-FIVE: Add smoke detector at top of elevator hoist way (Per attached SK13,14). ITEM NUMBER FIFTY-SIX: Revised symbol list definition of existing conduit: 'see plans for requirements" (Per attached SK15). ITEM NUMBER FIFTY-SEVEN: Revised trenching detail # 5 sheet E-19 (Per attached SKI6). ITEM NUMBER FIFTY-EIGHT: Add grounding and isolation transformer on sheet E-11. (Per attached SKI 7). ITEM NUMBER FIFTY-NINE: Sheets E-6A, E-7A, E-SA, E-9A Delete proposed temporary lighting along bike/pedestrian trail Y j ITEM NUMBER SIXTY: Temporary Lifeguard and Jr Lifeguard Bldgs Contractor shall make all utility connections at temporary lifeguard and Jr. Lifeguard sites. ITEM NUMBER SIXTY-ONE: Sheet D-4 Item 920. Protect in place 1 (one) existing Jr. Lifeguard trailer for agency use. Agency shall verify temporary building and 0 items to remain. Contractor shall remove all other items. ITEM NUMBER SIXTY-TWO: Sheet E-6 S1 Plan General note #4 shall include the following. All handholes and pull boxes in traffic areas shall have Galvanized traffic lids" ITEki NUMBER SIXTY-THREE: Sheet D-1 (The following superceeds Addendum #1 item Number Four): Item ' 1 " under electrical reads: Remove existing antenna and connections" This shall be revised to read. 'Remove existirg antenna tower and connections including footing. Salvage entire antenna and Deliver to site as specified by City representative" ITEM NUMBER SIXTY-FOUR: City Standard Plans It is the responsibility of the contractor to obtain all City standard Plans referenced within the contract. ITEh1 NUMBER SIXTY-FIVE: Greenbook Modification to be included in specifications Modify 2000 Greenbook Section 2-3.2 Additional Responsibility by designating as a "Specialty Item" all Buildings shown on the project plans. ITEM NUMBER SIXTY-SiX: Sheet L-10, Detail H This deatil for the single trash enclosure references a section A" detail of the combination CMU and concrete wall. This section detail has been modified. (See attched detail SK 19). ITEM NUMBER SIXTY-SEVEN: SPECIFICATIONS - Table of Contents, Section C and Section E A demolition section has been added to Section E General Provisions under 2-5 Plans and specifications and additive alternates #6 and #7 have been added to the Project Bid Schedule in Section C This in turn has revised page numbering for both sections. A revised Table of Contents has been issued as well as Section E — General Provisions and Section C - Proposal. (See attached Table of Contents and Sections C — Proposal and Section E — General Provisions of the specifications). ITENI NUMBER SIXTY-EIGHT: Sheet L-9.1, Details "F" , "H" and "I" The details indicate to refer to details A. B and C on Sheet L-9.1 and Detail J on Sheet L-9 for notes and additional information. All notes in the referenced details apply as called out under "Notes"as well as call outs for water proofing on retaining side of wail, drainage and guard rails when applicable per the notes. END ADDENDUM #2 This is to acknowledge receipt and review of Addendum Numter one, dated November 15, 2002 Weeper Bros., Inc. Company Name B ark i►I er, i e December 10, 2002 Date All bidders must acknowledge the receipt of this Addendum Kith your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. 12/0412002 16:33 714871118E PUWISS RCSE RSI 4 PAGE 02 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For South Beach Phase 2 CC No 1169 Decembcr 4, 2002 Not:ce To All Bidders: Please note the following revision to the Project Plans. Specifications, and Technical Provisions TEM NUMBER ONE: Responses to bidders RFI's See attached RF!'s and responses. This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number on dated er 15, 2002 Weeger Brps., Inc. r Company Name Mar T. qt�� ent December 10, 2002 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536.5247. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Band KNOW ALL MEN BY THESE PRESENTS, that we Weeger Bros., Inc., 2124 Main Street, IFrere insert lull name and address or legal title of Contractor) Suite 146, Huntington Beach, CA 92648 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America, (Here insert full name and address or legal rifle of Surety! 21633 Gateway Center Drive, Diamond Bar, CA 91765 a corporation duty organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach, [Here insert full name and address or legal tide of Owner) 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92643 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Bid Dollars iS MOM'. ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. W H E R EAS, the Principal has submitted a bid for South Beach Phase II .5ontract No. 116�, in the City . ;here insert to name, address and ,,in of plolew of Huntington Beach, CA NOW, THEREFORE. if the Obligee shall accept the bid of the Ptincipal and the Principal shall enter into a Contract with the Obligee In accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of tabor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this loth day of December 2002 Weeger Bros., Inc. (Witness) ; Mtk T. t (Witness) Travelers Casualty and Marl: E. Shreckengast. #ttomey-in-Fact AIA DOCUME14T A310 a BID BOND - AIA 6 - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. N.W.. WASHINGTON, D. C. 20006 ® Printed on Recq-sled Paper 9.93 t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 1INember 10, 2002 , before me, Julie M. Ormondroyi , Notary Public, personally appeared Mark E. Shreckengast ..................................... JUiIE tip. ORMWIDROYD G p00-:0N, COMM. #i302326 sNOTu1rPu 2BM-CALMNIA $ WsANGELESco;wy s .......000.... so Place Notary Seal Above Optional Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 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: Cap3city(ies) Claimed by Signer Signer's Name: _Individual Corporate Officer- Tit'e(s): Partner- _Limited _ General X Attorney-in•Eact _Trustee _Guardian Other. Signer is Representing: •. TRAVELERS CASUALTY AND SURETY COhIPA..NY OF AIIERICA TRAVELERS CASUALTY AN SURETY COhIPA.ti-' FARINIL'VGTON CASUALTY CONPAtINY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT K'NOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPA.NY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAR I NGTON CASUALTY CO'IPAINX, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,. County of Hartford, State of Connecticut, (hereinafter the "Compani_s") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Candy bi. Coons, Mark E. Shreckcagast, of Los Angeles, California, their true and [awful Attomcy(s)-in-Fact, uuith full power and authority hereby conferred to sign, execute and acknowledge, at any place ivithin the United States, the following instrumcnt(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and ether t%ritings obligatory in the nature of a bond, recognizance, or coed tional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same u-cre signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are r.o%v in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and an behalf o£ the company and may give such appointee such authority as his or her etrtificate of authority may prescribe to sign With the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Director at any time may remove any such appointee and revoke the power given him or her. VOTED. That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers cr employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: Thal any bond, recognizance, contract of indemnity, or writing obligatory in the name of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF Al1IERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAiLNMGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: 11at the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vix Presidents, Resident Assistant Secretaries or Amomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future Kith respect to any bond or undertaking to which it is attached. 01-00 sumdard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARii1:1GTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 12th day of January 2001. STATE OF CONNECTICUT } SS. Hartford COUNTY OF HARTFORD i III S Gg Y ANp S Gpsy O HARTFORD, tl 19 8 2 0 C�V. l � � CANN. � �� • � a; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 12th day of January, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 10 th day of November , 2002. sump �ur gJ*ANp �-GAS•� U 10 �,�a HSj� $ q2���, t L� O CONN. �`61 • Aa+sue �d,`Ja By � Kori M. Johanson Assistant Secretary, Bond .4, CITY OF HL. NTINGTON BEACH ' -` 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK April 14, 2003 To: Weeder Bros., Inc. 2124 Main Street, Suite 146 Huntington Beach CA 92648-6443 Enclosed please find your original bid bond issued by Travelers Casualty and Surctk Company of America for CC No.1169 Connie Brockway, CMC City Clerk Enclosure: Bid Bond g: tfollowup/cashconVretumbidbond.doe �� fUlephom 714-636-5227) City of Huntington Beach Public Works Department 2000 Main, Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For South Beach Phase 2 CC No 1169 November 18, 2002 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: ITEM NUMBER ONE: Addition of poured in place concrete wall detail for 7' 8' and 9' wall heights. See attachment "Afor new detail. ITEM NUMBER TWO* Addition of CMU wall detail for 14' wall heights. See attachment `S"fornewdetail. ITEM NUMBER THREE: Sheet L-9.1 Detaffs 'A ; `S"and 'C" CMU retaining wafts to have 90% compacted subrade under footings. Detail In "indicates 195/ compac6on " This shall be changed to 190% Compaction' ITEM NUMBER FOUR: Sheet D-1 Item 1 "under Electrical Notes Reads 'Remove existing antenna tower and connections". The folloMng shall be added.- Salvage 800 MHz antenna at existing lifeguard headquarters and re - erect enfre structure in location to be determined (fin -el location wi11 be within proximity of new lifeguard headquarters). lnsta.7 2" conduit from antenna to control room of Lifeguard Headquarters Contractor shag provide all necessary structural calcs and drawings for approval by the City and sha If obtain all necessary permits. REM NUMBER FIVE: Sheet C-25 Retainingbelow the ramp shames an elevation of 21.70trw. this has been deleted. See attached 8.5'k i T, "Wall Plan Sheet C-25" The wall below the imp shall be per the added Attachment "A' detail contained within this addendum. The wall will not have a cap or rail. The final wall height will be determined by the finish surface of the ramp above. ITEM NUMBER SIX: Sheet B-AT1 a) Revised Note #1 under `Responsibilities of the contractor." b) Clarrrcation to note under Type of construction." c) Cle ca.'ion to note under `Allowable square footage & height." d) Added Note # 21 under' Responsibilities of the contractor." d) Added Note # 21 under "Responsibilities of the contractor." e) Revise Sheet Index to include Sheets B-S4.1 and it-S4.2. fl See Attached Drawing Nos. AD1-001, AD1-002 and A01-003. ITEM NUMBER SEVEN: Sheet B-AT2 .; a) Revise Door No. 115 to a 'B Label" rating. b) Revise door type "D"to indcate "breakaway panels." c) Revise finish schedule for rooms 107 & 109. d) Acid Hardware Designations and clarify Thresholds. e) See Attached Drawing Nos. AD1-004, AD1405, ADi-006, AD1-062 and ADt-063. ITEM NUMBER EIGHT: Sheet B-AS4 a) Added horizontal tie -down dimensions. Verify with civ,7 drawings. b) See Attached Drawing Nos. AD1-007 and AD1-008_ ITEM NUMBER NINE: Sheet B-A4 a) Revise Door No. 213 to indicate `break away panels." b) lndca`e occupant load sign in Lecture Room, Construction Note 92. c) Provide an allowance of $ 3,000 in the base bid for the installation of kitchen equipment (i.e., rangJoven, exhaust hood) and utilities in Kitchen 207. d) Remove glass side panel at Door 204. Provide typical exterior wall condition. e) See Attached Drawing Nos. AD1-009, AD1-010. ITEM NUMBER TEN: Sheet B-A6 a) Add emergency exit sign at Hallway 214. b) . Indicate a 'Not an exir sign near Door No. 204. c) See Attached Drawing No. ADM-011. ITEM NUMBER ELEVEN: Sheet B-AM a) Ind"tale occupant separation within shaded area. b) See Attached Drawing No. ADi-012. I ITEM NUMBER TWELVE: Sheet B A7 Ia) Added Construction Note 91 to install bird alighting/roosting deterrent continuous at the tops of all rcof/fascia edges, parapet walls and mechanical screens. b) See Attached Dramdng Nos. AD1-013 andAD1-014. REM NUMBER THIRTEEN: Sheet B-Al2 a) Revise roof bearing height at both Building Sections. b) At Section 1 correct room name "Lecture 206." c)' See Attached Drawing No. AD1-016. ITEM NUMBER FOURTEEN: Sheet B-A1& a) Revise Section Ito indicate double deck condition. See structural drawing forbearing heights. b) Add wall Section 4. c) See Attached Drawing Nos. AD1-017 and AD1-018. ITEM NUMBER FIFTEEN: Sheet B-AD2 a) Revise details 1 and 2 to indicate diagonal bracing. b) See Attached Drawing Nos. AD1-020 and AD1-02t. ITEM NUMBER SIXTEEN: Sheet B-A03 e) Add Detail 15. b) Revise Detail 11. c) See Attached Drawing Nos. AD1-022 and AD1-023. ITEM NUMBER SEVENTEEN- Sheet C-AT1 a) Add Note #21 under "Responsibilities of the Contractor,, b) Revise Note #1 under "Responsibilities of the Contractor." c) See Attached Drawing Nos. AD1-066 and AD1-067. REM NUMBER EIGHTEEN: Sheet C AT2 a) Revise Door Schedule to reflect head & jamb details on Sheet C-DI. I b) See Attached Drawing No. AD1-068. FEM NUMBER NINETEEN: Sheet C-ASi and C-AS2 a) Added to horizontal tie down dimensions. Verify Oth cxvi/ drawings. b) See Attached Drawing Nos. AD1-069 and AD1-070. ITEM NUMBER TWENTY: Sheet D-AT1 a) Add Note #21 under "Responsibilities of the Contractor." b) Revise Note #1 under `Responsibilities of the Con'ractor." c) See Attached Drawing Nos. AD1-071 and AD1-072. ITEM NUMBER TWENTY-ONE: Sheet D-AS1 a) Added horizontal tie down dimensions. Verify with civil drawings. b) See Attached Drawing Nos. ADi-077. ITEM NUMBER TWENTY TWO: Sheet D-Al aj indicate slope for proper drainage to Plumbing Chsse. b) Add Construction Note 28. c) - See Attached Drawing Nos. AD1-073 and A01-074. ITEM NUMBER TWENTY THREE: Sheet E-AT1 a) Add Note #21 under 'Responsibilities of the Contractor." b) R-evise Note #1 under`Responsibilides of the Con`ractor." c) See Attached Drawing Nos. AD1-075 and A01-076. ITEM NUMBER TWENTY-FOUR: Sheet E-AS1 a) Added horizontal fie -down dimensions. Verify with civil drawings. b) See Attached Drawing No. AD1-078. ITEM NUMBER TWENTY-FIVE: Several "A" Sheets ' a) Added Construction Notes 87 through 92. b) See Attached Drawing No. A01-033. ti J.Eng1v G n1 L 1V C. I vnv dQ It,46Pi Council/Agency Meeting Held:&ug/3 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied V f0 City Clerk's Sig re Council Meeting Date: February 18, 2003 Department ID Number: PW 03-003 CITY OF HUNTINGTON BEACH EQUEST FOR COUNCIUREDEVELOPMENT AGENCY ACT M SUBMITTED TO: HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY, . HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: RAY SILVER, City Administrator/Executive Directoro� PREPARED BY: ROBERT F. BEARDSLEY, Director of Public W JIM B. ENGLE, Director of Community Service DAVID C. BIGGS, Director of Economic Deve ent/Deputy Executive Director a m SUBJECT: AWARD SOUTH BEACH PHASE 11 IMPROVEMENT PROJECT, CC- 1169 Statement of Issue, Funding Source, t�com nded Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) i� Issue: Bids for the South Beach Phase 11 Project, CC-1169 were received and opened publicly on December 10, 2002. Staff recommends award of the contract to WeeW Bros., Inc., the lowest responsive and responsible bidder. Funding Source: Total funding in the amount of $12,312,000 is available in the following accounts: $9,795,840 from Lease Revenue Bonds, 2001 Series A (includes $9.2 million for South Beach, $360,000 from bond savings, and $235,840 for Beach Maintenance Facility con4truction cost reimbursement to Bond Revenue fund from the Redevelopment Agency), South Beach Improvements, Phase 11 Account 30187004.82200; $2,000,000 from a Coastal Conservancy Proposition 12 Grant, Account 81086001.69365; and $142,160 from Proposition 13, Stormwater Quality Improvements, Account 89288003.82500. Additionally, $84,000 from Park Acquisition and Development Fund, $290;000 from the Pier Rebuilding Fund will be appropriated. Recommended Aa#lonts): Huntino#on Seam Put�llc inancino Au orlty Motion to: Authorize total expenditure of $9,795,840 from Lease Revenue Bonds, 2001 Series A to the South Beach Improvements, Phase 11 Account 30187003.82200 REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: February 18, 2003 DEPARTMENT ID NUMBER: PW 03-003 Huntington Beach City Council: Motions to: 1. Accept the lowest responsive/responsible bid submitted by Weeger Bros., Inc. in the amount of $9,790,500, which includes the base bid and additivelalternate items 3.4 and 6, for South Beach Phase 11, CC-1169; 2. Authorize the Mayor and City Clerk to execute a construction contract with Weeger Bros., Inc. in substantially the same form as the attached sample construction contact; 3. Accept the bid submitted by Donna Billick in the amount of $341,340 for art element construction; 4. Authorize the Mayor and City Clerk to execute a construction contract with Donna Billick in substantially the same form as the attached sample construction contract; 5. Approve the redirection of Coastal Conservancy grant, and the transfer of $2,000,000 from the Blufftop Park Erosion Protection Project to the South Beach Phase II Improvements; and 6. Appropriate $84,000 from Park Acquisition and Development Fund and $290,000 from the Pier Rebuilding Fund to the project account. Redevelopment Agency: Motion to: Appropriate $235,840 from the Redevelopment Agency unencumbered fund balance to Account No. 30581004.82200. Alternative Action(s): Direct staff to not move forward with this project at this time. Analysis: Public Works staff is assisting the Community Services Department in the rehabilitation of the beach improvements from Huntington Street to First Street. This will be the final phase of the master plan beach improvements, which include the Pier Plaza Project to the north and the South Beach Phase I Project to the south. This project completes the masterplan of the city owned beach that was approved by a twenty-seven member community task force, the Community Services Commission, and City Council that began more than a decade ago. Project highlights include the following: • Demolition and reconstruction of the Lifeguard Headquarters • Demolition and reconstruction of Jr. Guard BuildinglConcession • Demolition and reconstruction of three restrooms • Removal and reconstruction of bike path and showers • Construction of viewpoint and turf areas • Installation of RV hookups for electricity and water • Installation of various art elements This project was approved by the Design Review Board on February 14, 2002, and by the Planning Commission on May 28, 2002. On October 21, 2002, the City Council authorized the advertisement for bids and on December 10, 2002, bids were opened. The bids are summarized below in ascending order: WRCA12003TW03-003 Jan 21 Broussard (Award S. Beach Ph 2;.doc .2- 2I712003 11:39 AM REQUEST FOR COUNCILIREDEVELOPMENT AGENCY ACTION MEETING DATE: February 18, 2003 DEPARTMENT ID NUMBER: PW 03-003 Bidding Contractor Bid Amount 1. Weeger Bros., Inc. $ 9,399,000.00 2. Ecology Construction $10,554,144.04 3. Dennis J. Amoroso Constru--tion Co. $10,642,000.00 4. Emma Corporation Construction $11,600,000.00 5. Valley Crest $12,757,178.00 The lowest responsive/responsible bidder was determined to be Weeger Bros., Inc. References were reviewed with favorable results; therefore, staff recommends that Council accept the bid. In addition to the Base Bid, seven additive/alternate items were requested from the bidders. Staff recommends that the following additive/alternate items, which are conditional requirements of the project, be added to Weeger Bros., Inc. base laid: Add/Alt Item No. 3 Traffic Signal and Street Light Modifications $ 32,500 Add/Alt Item No. 4 Storm Drain Water Quality Improvements $140,000 Add/Alt Item No. 6 Flood Proofing $219,000 $391,500 Inclusion of these items would bring the total contract amount to $9,790,500. In addition, a panel of City staff, Council Members and art consultants selected Donna Billick to design and construct four art elements, as required by the General Plan, throughout the project. The construction fee for these art elements, as well as the items listed below are being included in the budget. Construction Contract: $9,790,500 Construction of Art Elements: $ 341.340 Construction Management: $ 550,000 Facility Relocation & Furnishings: $ 160,000 Contingencies: $ 980,000 Supplementals: S 490,000 Addition of these items brings the estimated budget for this project to $12,311,840. Funding Sources: Project costs exceed the original estimated budget, therefore staff had to seek additional sources of money to complete the project. In researching supplemental funding, staff reviewed the status of a $2 million California Coastal Conservancy grant intended for a Blufftop Park erosion control project. On December 2, 2002, City staff met with the Army Corps of Engineers regarding the status of the project. Army Corps representatives indicated t`�at the recently completed cost/benefit analysis did not warrant sufficient urgency to move forward with the project at this time. In an effort to retain this grant funding for Huntington Beach, City staff explored redirecting the erosion project funds to the South Beach Improvement project. On January 23, 2003, the California Coastal Conservancy approved D:1Documents and SettingsVobinsoc%ocal Settings\Temporary Intemet Files10LK7103-003 Feb 18 Broussard (Award S. Beach Ph 2)1.doc .3- 217120 03 10:18 AM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: February 18, 2003 DEPARTMENT ID NUMBER: PW 03-003 this redirection of funds. City Council approval is required to use the grant for the South Beach Phase 11 project. The Redevelopment Agency, through the terms of the approved Disposition and Development Agreement, funded $750,000 advanced by the Waterfront developer towards construction costs for the Beach Maintenance Facility. Two hundred thirty-five thousand eight hundred and forty dollars ($235,840) of the construction costs were inadvertently charged to the Lease Revenue Bond fund instead of the appropriate Redevelopment Agency account. Approval of the recommended Agency Action will allow the Redevelopment Agency to transfer to the Revenue Bond fund the amount used for Beach Maintenance Facility construction costs, thereby making these revenue bond funds available for completion of South Beach improvements. The project design addresses required storm water improvements that are funded with Proposition 13 monies in the amount of $175,000. There is a shortfall of $114,000, which staff proposes to fund from the Park Acquisit;on and Development Fund. This is an appropriate expenditure because the General Plan includes the beach as part of the park system. The City Attorney has confirmed this action in a legal opinion. (Attachment 3) The South Beach Phase 11 Improvement Project will complete the renovation of the City - owned beach for the 9 million annual visitors to the beach, including those from the community and outside the City. The project also enhances the City's opportunity to become an overnight destination attraction by improving the beachfront with modem and attractive public facilities. Public Works Commission: The Public Works Commission approved this project on October 16, 2002, by a vote of 4-1-2 (Commissioners Gartland and Johnson were absent). Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s): 1 1 Sample Construction Contract 2 Fiscal Impact Statement I 3 I City Attorney Opinion dated 9119/90 Author. T Broussard.im 0-Mocuments and SettingslrobinsocUcal SettingslTemporary Intemet FileslOLK7103-003 Feb 18 Broussard (Award S. Beach Ph 2)1.doc -4- 2171200310:18 AM ATTACHMENT #1 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California , hereinafter referred to as "CONTRACTOR." UTIEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as 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 complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and 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 fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from sgmertomwcity constf w 10-i"l I 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. 2. ACCEPTANCE OF CONDIT[ONS OF WORK: PLANS AND �S ECIF1CA! IONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and Vic Contract Documents (as defined below in this Section), 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 thorough 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 the 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; agreeflams/city cons"v 10-1M1 2 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, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, 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, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); 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 a discrepancy between any PIans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public lVorks of CITY (hereinafter referred to as "DPW"), and agreeflomWdtyconsfty 10-18-01 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, 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 the bid or proposal which is in conflict herewith. I CQMPENSATION 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 (S ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within ( ) consecutive 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 sgreelrorms/dty const/rev 10-13-01 4 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 rave 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 charges without the prior written order or acceptance 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. agreel(omslaty const/rev 10-18.01 5 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 the 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 Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) 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, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (I00%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after C1TY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTI 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 oplion to make appropriate repairs or replace agreeRormsJaty consthev 10-1"l 6 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 oven cost 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 own cost and expense, and be responsible for any and all payment of all takes, 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 and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAN'S It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agreelformsldtytonsthev 10.1MI 7 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 the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited 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 tine), 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 by 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 agreenormslaty consVrev 10.18-01 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW is writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) 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 any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be evade and the agreement modified in writing accordingly. B. 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. agreeRorms/aty consVrev 10-18-01 9 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 sole 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 of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CO\"TRACTOR. 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 egreeflommidty cortsUmv 10-M01 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, 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 DPAT, 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 at the sole cost 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 CLATNIS Aber 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 CONTRACTOR's 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. egreeRorms/aty consfty 10-1841 11 1 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. 1NDEMNIFICATI0N DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any hind or nature, however caused, including those resulting from death or injury to CON"TRACTOR'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 therm 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 and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOP, egreeMomWdty constlrev 10-18-01 12 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out 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 One Million Dollars ($1,000,000) per occurrence. If coverage is sgreel[ mWdty consurev 1D-1"1 13 provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars (S1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF I SURANCE• DDIT[ NAI, 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; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. 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 CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right sgreeRomxJdty constlrev 10-18.01 14 to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, 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 bankzupt 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 CONTRACTOR 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 erect 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agreeftmW" tonsurev 10-10-01 is 23. TERMINATION FOR CONVENIFVCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7'/s %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 24. DISPOSITION OF PLANKESTIMATES AND OTHER DOMMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or 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. 25. NONASSTGNABTLITY 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. 26. CITY EMPLOYEES AND QFFICIALS 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 the California Government Code. agreertorrWcIty consUrev 10-t8-01 16 27. STOP NOTICES� RECOVERY OF AD\4iN[STRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This 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 (2), 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. 28. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOWs agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 e9reenoaref", constf w 10-%01 17 TO CONTRACTOR: 29. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of masers included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 30. 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 United States Code Section 1324a regarding employment verification. 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor wort: 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 Attomey is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 32. ATTORNEY'S FEES Except as expressly set forth in Section 18, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, agrworr wdty consthev 10-l"I 18 such that the prevailing party shall not be entitled to recover its attorney's fees from the non - prevailing party. 33. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitratar or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indica'es or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 34. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/fomWdty tons"Y 10-1 MI 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 36. CONSENT Where C1TN"s consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 37. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 38. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 39. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements,. promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter tgreelTomWdty const/w 10-18-01 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices th.- day, month and year first above written. CONTRACTOR By: print name ITS: (circle one) Chairman/PresidentlVice President AND �2 Print name ITS: (circle one) Secretary/Chief Financial OfTicer/AssL Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agreelforms/aty const/rev 14.1&01 2I CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORIM: City Attorney INITIATED AND APPROVED: Director of Public Works CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CON''TENTS Pag�No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COI DAENCEIVIENf OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. W WIELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 i8. INDEMNffICATION, DEFENSE, HOLD HAPOwf .ESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. DEFAULT d: TEP- IINATION 15 23. TERMINATION FOR CONVENIENCE 16 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 25. NON-ASSIGNABIL= 16 26. CITY EMPLOYEES AND OFFICIALS 16 27. STOP NOTICES 17 28. NOTICES 17 29. SECTION HEADINGS 18 30. UvL UGRATION 18 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 31 ATTORN'EY'S FEES . 18 33. INTERPRETATION OF THIS AGREEMENT 19 34. GOVERNING LAW 19 35. DUPLICATE ORIGINAL 19 36. CONSENT 20 37. SURVIVAL 20 38. Modi6ta6on 20 39 ENTIRETY 20 jmplcontrwts groWrity toest/1130W ATTACHMENT #2 r-- CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: Clay Martin, Director Of Administrative Services Subject: FIS 2003-19 Award South Beach Phase II Improvement Project, CC-1169 Date: February 5, 2003 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "FIS 2003-19 Award South Beach Phase 11 Improvement Project, CC-1169". If the City Council approves this request (total appropriation $12,312,000) it will reduce the unreserved, undesignated fund balance of the Park Acquisition and Development Fund to $453,000 and it will reduce the unreserved, undesignated fund balance of the Pier Rebuilding Fund to zero. All other amounts are covered by existing appropriations. Clay Mayon Direct& of Administrative Services ATTACHMENT #3 I USE OF PARK FEES FOR BEACH IMPROVEMENTS - See t-Ses#iQn S. • . �, i �4 CITY OF HUNTINGTON BEACH Ittl INTER -DEPARTMENT COMMUNICATION BEACH To Jim B. Engle From Gail Hutton Acting Director, Community Services 'City Attorney Subject Quimby Act Questions Date September 19, 1990 This responds to your set of questions regarding the Quimby -Act: 1. Must the land or money from a subdivision be used within the boundaries of the subdivision? Answer: No. It is sufficient that the use of the land or money be reasonably related to serving the subdivision and they can be "off site improvements" or improvements outside the subdivision. Section 66477, paragraph (c) of the California Government Code provides that "(T)he land, fees, or combination thereof are to be used only for the purpose of developing or rehabilitating existing park or recreational facilities to serve the subdivision." (Emphasis added) What would "serve" the subdivision was interpreted in Associated Home Builders of the Greater East Bay, Inc. v. City of Walnut Creek (4 Cal. 3d 633, 94 Cal. Rptr. 630, 484 P. 2d 606) to include any "incidental benefit" to the city as a whole. As example, that court held that "(R)ecreation facilities, like sewers, streets, and drainage facilities, were reasonably related to the health and safety of the subdivision's residents." 2. Can these park and recreation facilities be regional, such as HCP or the Bolsa Chica Linear Park? Answer: Yes. Park can be city, county or state owned as long as it reasonably serves the community. A survey shows that in a regional park located within the city, 71% of the users are Huntington Beach residents. Furthermore, HCP is adjacent to Holly/Seacliff so it will directly serve the residents of Huntington Beach. The Orange County Linear Park is also immediately adjacent to 11olly/Seacli€€. 3.- Can the city take Quimby dedication of land within Holly/Seacliff, use part of it .for neighborhood parks within that quartersection, and sell the land and use the money to develop other parks, such as HCP? Answer: Probably Not. Dedicated land in the Holly-Seacliff Dispositon and Development f . Agreement (DDA) is projected to be site specific. The conveyance from the Chevron Corporation to the City will undoubtedly limit the use of acreage for park purposes only. Further the common- law concept of dedication contemplates an easement for the public use which is vested in the public, in the sense that the state, or an appropriate subdivision thereof, holds title to the dedicated right in trust for all the people having proper occasion to exercise or enjoy it. (Hoadley v San Francisco, 50 C 265.) 4. May in lieu fees for park dedication be used for children's tot lots, recreation centers, swimming pools, picnic shelters, etc? Answer: Yes. The Quimby Act specifically provides in paragraph (c) thereof that in lieu fees are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision. Since the above are considered recreational facilities, as long as they benefit the residents of the subdivision in general, the use of the fees would be proper. 5. May in lieu fees be used for construction of the pier and other beach related improvements? Answer: Yes. This would fail under the authorized development of new or rehabilitating existing recreational facilities as discussed in No.4 above. Since the pier and other beach related improvements are to be used by the public, the use would not violate the Quimby Act. Case laws hold that the fees need not be used only by residents that made the contribution. (Wright Development v. City of Mountain View (1975) 125 Cal. Rptr. 723, 53 C.A. 3d 274.) While most dedications are for specific public uses, the essence of dedication is that the use shall be for the benefit of the public at large. (Los Angeles v. Kysor, 125 C 463, 58 P 90.) Gail Hutton City Attorney RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works/Community Services/Economic Development SUBJECT: Award South Beach Phase 11 COUNCIL MEETING DATE: February 18, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits. & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) Si ned in full by the gLtZ Attome Not Applicable Subleases, Third Party Agreements, etc. ___LApproved as to form b City Attome Not Applicable Certificates of insurance (Ap2roved Y the Ci Attorne Not Applicable Financial Impact Statement Unbud et, over $5,000 Attached Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If a Icable Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator initial City Clerk EXPLANATION FOR RETURN OF ITEM: REQUEST FOR LATE SUBMITTAL (To accompany RCA's submitted after Deadline Department: Community Services Council Meeting Date: 2117103 Subject Award South Beach Phase II Date of This Request: 217103 REASON (Whv Is this RCA being submitted Final transfer of additional funds renuired for the aroiect. EXPLANATION(Why Is this RCA necessary to this agenda?): To begin construction of the South Beach Phase ll project on schedule. CONSEQUENCES How shall delay of this RCA adversely !m act the City?): Delay of this RCA will delay construction of the South Beach Phase li project. He 21-Approved 0 Denied Ray Silver City Administrator Wsuhmll . SSPhacall CITIlAI94 REQUEST FOR COUNCIUREDEVELOPMENT AGENCY ACTION MEETING DATE: February 18, 2003 DEPARTMENT ID NUMBER: PW 03-003 Bidding Contractor Bid Amount 1. Weeger Bros., Inc. $ 9,399,000.00 2. Ecology Construction, $10,554,144.04 3. Dennis J. Amoroso Construction Co. $10,642,000.00 4. Emma Corporation Construction $11,600,000.00 5. Valley Crest $12.757,178.00 The lowest responsive/responsible bidder was determined to be Weeger Bros., Inc. References were reviewed with favorable results; therefore, staff recommends that Council accept the bid. In addition to the Base Bid, seven additive/alternate items were requested from the bidders. Staff recommends that the following additive/alternate items, which are conditional requirements of the project, be added to Weeger Bros., Inc. base bid: Add/Alt Item No. 3 Traffic Signal and Street Light Modifications $ 32,500 Add/Alt Item No. 4 Storm Drain Water Quality Improvements $140,000 Add/Alt Item No. 6 Flood Proofing $219,000 $391,500 Inclusion of these items would bring the total contract amount to $9,790,500. In addition, a panel of City staff, Council Members and art consultants selected Donna Billick to design and construct four art elements, as required by the General Plan, throughout the project. The construction fee for these art elements, as well as the items listed below are being included in the budget. Construction Contract: $9,790,500 Construction of Art Elements: $ 341,340 Construction Management: $ 550,000 Facility Relocation & Furnishings: $ 160,000 Contingencies: $ 980,000 Supplementais: $ 490,000 Addition of these items brings the estimated budget for this project to $12,311,840. Funding Sources: Project costs exceed the original estimated budget, therefore staff had to seek additional sources of money to complete the project. In researching supplemental funding, staff reviewed the status of a $2 million California Coastal Conservancy grant intended for a Blufftop Park erosion control project. On December 2. 2002, City staff met with the Army Corps of Engineers regarding the status of the project. Army Corps representatives indicated that the recently completed cost/benefit analysis did not warrant sufficient urgency to move forward with the project at this time. In an effort to retain this grant funding for Huntington Beach, City staff explored redirecting the erosion project funds to the South Beach Improvement project. On January 23, 2003, the California Coastal Conservancy approved DADccuments and SetbrigsVobinsoclLocal SeWngs%Temporary Internet Files10LK7103-003 Feb 18 Broussard (Award S. Beach Ph 2) I.aoc .3- 217120 0 3 10:18 AM Southern California Tile, Marble & Terrazzo Compliance Committee _. tiU171 : cc- 11619 U 1G03 FEB i g P 4; 00. 1 i Restroom/Site Improvements (1169) i First Street, 92648 d documents on the above referenced contract. We. he California Public Records act, Government Code des the following: rf the ceramic the and terrazzo sub -contractor, the ict code sections 4100-4107 of the State of California our office at the address below. Pursuant to ;to this request is due within ten (10) days of the date of If you have any questions regarding this matter, please don't hesitate to contact me. I look forward to your prompt response and thank you for your time. . Sincerely Yours, Monica Kamekona Compliance Secretary 0 556 No. Diamond Bar Blvd Suite 201 Diamond Bar, Ca. 91765 Phone 909-396-5120 Fax 909-396-6704 e-mail: bacl8ca..ecarthlinknet CC- tt (o9 BID DATE: l2es. 10. EooS TME 2 : 00 Engineer's Estimate: $ E.20o_30o0 BID LIST BMDER IS N"E PMAW TOTAL BID A11fOUNT' S 3 ko u 4a 000. o0 2. V) ss a ��y . C 4. \4 ck 11 L" 0. C4,.,T $ 1 '15`1 1`14 . 00 5. 7. $ S. $ 9. $ 10. $ I1. � 12. $ 13. $ 14. 15. $ I Y 'L CITY OF- HUNTIH-t')TON BEACH. CA 2Wl OEC 10 P 2: 01 V3 I r LQ I eJ TT 4i V 1:L�..i'ti CITY OF HUNTINGTON BIE,ACH—YOF 1v.I 1 I,,-.: t L_' u"Et,CH- CA 2000 Main street rT 2li A c- IF P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Connie Brockway To: M Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: October 24.2002 ProjectfC.C. No.: C.C. No. 1169 Regarding: South Beach Phase N ❑ We are sending you: ❑ By Mail ❑ By Fax Mai1(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ElShop drawings ElPrints ❑ P;ans ❑ Samples ElSpecifications Copy of letter ❑ Change Order ® Other Notice lnvifinil Sealed Bids hem # Copies Pages Description 1 1 3 Notice Inviting Sealed Bid; 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ for reviewlcomment ❑ Other. Remarks: On October 21, 2002, the City Council authorized the advertisement of the South Beach Phase lI project, CC1169. Please find attached the Notice Inviting Scaled Bids for this project. Please have this advertised for the following four (4) days; 10/31, 11/7, 11/14, and 11/21 with a bid opening on 12/10. Please contact me at extension 5247 with any questions you may have. t: By: J✓ Todd -Broussard, Principal Civil Engineer G: COM-n MM4 Cornw M (CCS)\CC t 169\CORMFoNnx vcc\7UxSntirrtus\TV&WrOCLUK l 1 ss.Doc 10/25/2002 14:22 7148711180 RRKISS POSE RSI PAGE 01 PUT SS*T0Se--x-S--1--.(. �;iT Y or, J 1., LEACH. CA Landscape Architectke OCT 25 P 2: 3!. Recreation and Park Planning FACSIMILE TRANSMITTAL To: Fax Number 714,374 557 Company/Agency CiAV of Huntinzton Beach Attention Rebecca Ross From: Name Natalie, Cousins Eobledo _ Project Reference ___SQuth Beach Phase IT j02-12 ' 4.G Date October 25.2002 Time 11:59 am Total Number of Pages 4 (including this page) Transmitted For: ❑ YOUR USE ❑ REVIEW AND COMMENTS ❑ YOUR INFORMATION ❑ APPROVA!_ • AS REQUESTED Ia URGENT Notes: Please find the attached REVISED Section A of specifications for South Beach Phase It project. If you have a-1y questions or concerns please don't hesitate to contact me. T� yau, C/Li. `ro cAqt4 t=t, P—M wqr:,i %fw TES - -r+-P4t-. ro !i If you do not receive aft pages, please notify us as s3on as possible at (714) 671-3633. XC I& The Information contained in this facsimile is confidential and intended oniy for the use of the indlvidual or entity to w!io m IKs Cover sheet Is addressed. tr tha reaacr of this message is not the Wended rectp4if or the e-ripl%ve or egent responsible to defrver ft to the Wended rec!knt, you are hereby noUried that use, dissemination, d!stnbv0gr , or copying of this communication is strictly prohibited. If you have received this wmmunication In error, please tmmediatefy notify the tra'1sn fitter by I Rhone. Purkiss•rose--ni 801 North Harbor Blvd. Fullerton, CA 92332 Telephone C714) 87I.3E38 FAX (714) 871-11B8 10/25/2002 14:22 7148711188 PURKISS ROSE RSI PAGE 05 TRANSMISSION VERIFICATION FEPOPT TIDE : 10125/2002 12:02 NAME : PLRIGISS ROSE RSI FAX : 7148711188 TEL : 7148713638 DATE MM'E 10/25 12: 01 FAX NO./NAW 3741557 DURATION 00: 01: 08 PACE(S) 04 OK WEE STANDARD E01 3'JVisk (�)TimPIS ° 3l SECTION A NOTICE INVITING SEALED BIDS for the 1 " South Beach Phase Two CASH CONTRACT No. 1169 in the CITY OF HUNTINGTON BEACH es PUBLIC NO HEREBY GNEN that the CITY OF HUNTINGTON BEACH, as AGENCY, bids for the above -stated project and will receive such bids in the office of the City Cleroor,-4 'z Street, Huntbi,", on Beach, California 92648, up to the hour of 2:00 p.m. o ovens Bids wiU be publicly open in the Council Chambersurless unless otherwise post 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 92 64 9, upon payment of a $250.00 nonrefundable fee if picked up, or payment of a $300.00 nonrefundable fee if mailed. Arl contract entered into pursuant to this notice wl1 incorporate the provisions of the State Labor Co . Pursuant to the provisions of the Labor Code of the State of California, the minir.�urn prevailing rate of per diem wages for each crab, 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. - 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 n&dsnum prevailing rate of per diem wages for each craft, classification or type of worlanan needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are oa file at the Office of the Director bfPublic Works, 2000 Main Street, Huntington Beach, CA 9264E The AGENCY will deduct a 10'/o 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 Governmera Code, Section 4590. The Contractor shall bebeneficial owner of the surety and shall receive any interest thereon. A-1 ZO 3-OVd IS8 3S08 SSIUId 68TTUSPU ISM Z2aZ/PZ/0T The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opporru ty to submit bids in response to this notice and wW 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. The bid must be aecomparned by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less 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 Contractor's 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 walls -through oftl,.e site will be held on November 22, 2002 at 10:00 am. (meet outside lifeguard headquarters), for the purpose of reviewing bid documents, receiving bidder questions rnd reviewing the site. Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to sub=h all substitution requests for eq W 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: She project is located along Pacific Coast Hiigimay between Huntington Street and First Street, coastal side of PCH, and consists of the demolilion/removal of the Lifeguard Headquarters Budding three (3) existing restroombuilding; one (1) concession building, concrete and asphalt paving, removal of lighting and landscape. A temporary pedestrian/bike path will be constructed as part of this work. New construction consists of grading and drainage facilities, two (3) new restroom buildings, new plaza areas, a new Lifeguard Headquarters Building, anew Educational Center (home of the Junior Lifeguards), new concrete paving, new asphalt parking areas, walls, planter walls, retaining walls, sig rage, new lighting systems for parking and security lighting, electrical systems, site amenities, landscape and irrigation, and temporary lifeguard and junior lifeguard facilities. • The contract allows 12 calendar months for site work and restrooms and 14 calendar months for lifeguard and junior guard buildings. • The Engineer's estirnate for the work included in the contract is $8,200,000.00. All questions shall be directed to: James K Pickel/Oscar Johnson Purldss Rose-RSI 7I4-871-363S Phone 714-871-1188 Fax A-2 EE 39'Id Isd 3sw ssixdnd 881TTLBOU ISM Z60ZAVOT The AGENCY reserves the right to reject any or aU 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, CALIFORNU, the day of October 21, 2002. Attest: !Qonn;e Brgckwav _ CITY CLERK OF THE CITY OF HLNTINGTON BEACH A3 to MVJ ISd 3so?j SSIwId 88TTTZBOU ts:ea zoazibz CT — 7-- CITY OF HUNTINGTON BEACH MEETING DATE: October 21, 2002 DEPARTMENT ID NUMBER: PW 02-093 CounciVAgency Meeting Held: /D Deferred/Continued to: Approved O Conditionally Approved 0 Denied City Clerk's Signature Council Meeting Date: October 21, j Department ID Number. PW 02-093 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator ov.,V 11PPREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works JIM ENGLE, Acting Director of Community Service SUBJECT: AUTHORIZE ADVERTISEMENT FOR SOUTH BEACH PHASE II IMPROVEMENT PROJECT, CC-1169 Esu-rte<nentof Issue, Funding Source, Reconinm Action, Alternative Aution(s), Analysis, Environmental Status, Attaclunent(s) Statement of Issue: Plans and specifications are in final preparation for the South Beach Phase II Improvement Project, CC-1169. Funding Source: Funds in the amount of $9,242,250 from Lease Revenue Bonds, 2001 Series A, are budgeted in South Beach Improvements, Phase 11 Account 30187004.82200. Recommended Action: Motion to: Approve the project plans and specifications and authorize the Director of Public Works to request bids for the South Beach Phase II Improvement Project, CC-1169. Alternative Action(s): Direct staff to not move forward with the project at this time. Analysis: Public Works staff is assisting the Community Services Department in the rehabilitation of the beach improvements from Huntington Street to First Street. This will be the final phase of the master plan beach improvements, which include the Pier Plaza Project to the north and the South Beach Phase I Project to the south. Project highlights include the following: • Demolition and reconstruction of the Lifeguard Headquarters • Demolition and reconstruction of Jr. Guard Building/Concession • Demolition and reconstruction of three restrooms 02-093 Oct 21 Broussard (S. Beach Ph2 Advedi•e).doc 411t 10AV=210:19 AM / REQUEST FOR COUNCIL ACTION MEETING DATE: October 21, 2002 DEPARTMENT ID NUMBER: PW 02-093 • Removal and reconstruction of bike path find showers • Construction of viewpoint and turf areas • Installation of RV hookups for electricity and water This project was approved by the Design Review Board on February 14, 2002, and by the Planning Commission on May 28, 2002. Plans and specifications are in final preparation acid staff now requires permission to advertise for bids. Public Works Commission: The Public Works Commission reviewed this project on October 16, 2002. Their decision will be presented in late communications. Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (C). Attachment(s): RCA Author. T Broussard jrn 02-093 Oct 21 Broussard (S. Beach Ph2 Advertise).doc 4 1 DIW2002 10:19 AM 0Z ATTACHMENT #1 LOCATION MAP South Beach Ph. II N W E S City of Huntington Beach Scale: 1" = 349' 9/36/2002 2:39:39 PM RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE ADVERTISEMENT FOR SOUTH BEACH PHASE II IMPROVEMENT PROJECT, CC1169 COUNCIL MEETING DATE: I October 21, 2002 RCA ATTACHMENTS STATUS Ordinance w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Ap2roved as to form PZ City Atfome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5.000 Not Applicable Bonds if applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If a licable Not App licable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial [Uty0erk EXPLANATION FOR RETURN OF ITEM: RCA Author. T. Broussard REQUEST FOR LATE SUBMITTAL (To accompany RCA 's submitted after Deadline De artment: Public Works Council Meeting Date: 10121/02 Subject Advertise SB Phase 2 Date of This Request: 10/10102 REASON(Why Is this RCA being submitted late?): Late submittal to director. EXPLANATION (Why is this RCA necessary to this agenda?): Will allow City to advertise SB Phase 2 for bids. CONSEQUENCES How shall delay of this RCA adversely Impact the Cit ? : Pro ect will be delayed. Signature: r Department Head MApproved 0 Denied Ray Silver City Administrator Dnrument2 07114."94 ITEM NUMBER TWENTY-SIX: SheetA-A4 a) Added Construction Note 91 to install bird allghting7roosting deterrent continuous at all the fops of all roof/fascia edges, parapet walls and mechanical screens. b) . Add dual height plastic laminate countertops at Report Writingl Communications/Dispatch Room, 206. .. c) See'Attached Drawing Nos. AD1-031 and AD1-032. ITEM NUMBER TWENTY-SEVEN: Sheet A-A7 a) Added Construction Note 91 to install bird alighting, oos6ng deterrent continuous at all the tops of all roofffascia edges, parapet walls and mechanical screens. b) See Attached Drawing Nos. AD1-034 and ADi-035. ITEM NUMBER TWENTY-EIGHT: Sheet A-A9 a) Added Construction Note 19 at left side of West Elevation to clarify location of stacked stone veneer. b) See Attached Drawing No. AD1-036. ITEM NUMBER TWENTY-NINE: Sheet A-A19 a) Clarified Wall Section 2, location of Grid Lines and added structure to Section. b) Sea Attached Drawing No. AD1-037. ITEM NUMBER THIRTY: Sheet B-A9 a) Remove glazing near Grid Line 'D" at West Elevation. b) See Attached Drawing No. AD1-024. ITEM NUMBER THIRTY-ONE: Sheet A-A3 a) Revise ceiling at Rooms 103, 105, 115 and 129. b) See Attached Drawing Nos AD1-038 and AD1-039. ITEM NUMBER THIRTY-TWO: Sheet A-A4 a) Revise Door No. 222 to indicate "breakawaypanels� " b) Add Construction Note 90 applicable to Door No. 222. c) See Attached Drawing No. AD1-031. ITEM NUMBER THIRTY-THREE Sheet A AD2 a) Revise Detail I to indicate diagonal bracing. See Attached Drawing No. AD1-040. b) Revise Detail 3 to indicate diagonal bracing. See Affached Drawing No. AD1-041. FEM NUMBER THIRTY-FOUR: Sheet A-AD3 a) Add Detail 15. See Attached Drawing No. AD1-043. b) Revise Detail 11. See Attached Drawing No. ADi-042. ITEM NUMBER THIRTY-FIVE: Sheet A-AT1 a) Revise Sheet Index to include A-S4.1 and A-S4.2. b) Add Construction Note 21 under `Responsibilities cf the Contractor." c) See Attached Draudng Nos. AD1-044 and AD1-045. ITEM NUMBER THIRTY-SIX: Sheet A-AT2 a) Revise Door Type `D" to indicate "breakaway panels." b) Add Hardware Designations and clarify Thresholds c) See Attached Drawing No. AD1-046, ADi-064 and AD1-065. ITEhA NUMBER THIRTY-SEVEN: Sheet A-AT3 a) Revise Finish Schedule for Rooms 105, 106, 107, 109, 111, 113, and 116.- b) See Attached Drawing No. AD1-026. ITEM NUMBER THIRTY-EIGHT: Sheet A-AT3.1 a) Revise interior elevation 4. b) Add Construction Notes 87, 88 and 89 applicable to interior elevation 4. c) See Attached Drawing No. ADi-027. ITEM NUMBER THIRTY-NINE: Sheet A-AS1 a) Added horizontal tie down dimensions. Verify with civil drawings. b) See Attached Drawing Nos. AD1-028, AD1-029 and ADi-030. ITEM NUMBER FORTY: Sheet 8-A14 a) Revisedglazing configuration at Lecture Room wall at Section 1. b) See Attached Oradng No. AD1-019. ITEM NUMBER FORTY-ONE: Several "B" Sheets a) Added Construction Notes 87 through 92. b) See Attached Drawing No. AS1-025 ITEM NUMBER FORTY-TWO: Sheet AS2.'1 a) Revised extent of retaining wall at Northeast and Northwest comers of buildings. b) Revised Grid to Grid dimensions. c) See Attached Drawing Nos. ADi-047 and AD1-048. ITEM NUMBER FORTY-THREE: a) Added Sheets A-S4.1, A-S4.2, B-S4.1 and B-S4.2. ITEM NUMBER FORTY-FOUR: Sheet A-S3.16 a) Added Details 3, 4, 5, 6, 7, 8 and 9. b) See Attached Drawing Nos. ADl-049, ADi-050, AD1-051, AD1-052, ADt-053, AD1-054, AD1-055. ITEM NUMBER FORTY-FIVE: Sheet 13-S3.2 a) Clarified the roof above the stairwell. Revised Detail callout to t/53.12. b) See Attached Dra" ng No. AD1-060. ITEM NUMBER FORTY-SIX: Sheet B-S3.11 a) Added Details 5, 6, 7 and 6. b) See Attached Drawing Nos. AD1-056, AD1-057, AD1-058 andAD1-059. ITEM NUMBER FORTY-SEVEN: Specification Section 10290 a) Add Spec f' nation. Section 10290, Bird Afighting and Roosting Deterrent (Attached). ITEM NUMBER FORTY-EIGHT: Specification Section 08710 a) Add Pages 3, 4 and 5 to Specification Section 0e710, Finish Hardware (Attached). ITEM NUMBER FORTY-NINE: Specification Section 08800, Glazing a) It is clarified that only glazing with eighteen inches (18' of the finished floor or a door is to be tempered. Typical dual glazing is to be YO grey glass at exterior side and 'X clearglass at interior side. All glazing at exterior guardrails is to be Y2" clear tempered glass. Approved glazing manufacturers are to include Trident Consolidated, City of Industry, Hehr Glass, Pomona and Cah'fornia Glass Bending,Wlmington. [[EM NUMBER FIFTY: Sheet B-S3.12 a) Added Sheet B-S3.12. At this 6me, Detar71 is the only Detail on Sheet B-S3.12. b) See Attached Drawing No. AD1-061. ITEM NUMBER FIFTY-ONE: Sheets C-1 through C-27 Construction note # 3 on civil dray ngs shall be modified from 10" Full Depth A. C. to 6" Full Depth A. C. ITEM NUMBER FIFTY-TWO: ADDITIVE ALTERNATE #5 Additive alternate #5 has been added to the Bid Summary Sheet — See attached Bid Summary Sheet pg. C-3. This modircation does not change the Enginee(s Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated November 15, 2002 Weeger Bros., Inc. Camp -any Name Maeegt!7dent December 10, 2002 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For South Beach Phase 2 CC No 1169 November26, 2002 Notice To All Bidders: Please note the follcAving revislon to the Project Plans, Spedifcations, and Technical Provisions: UE&I NUMBER ONE: SHEETA-AT1 AD2-001 a) Revise muNLple ptulases `Kitchen"to read'BreakRoom* under Weguard Hq Bldg Data' b) Remove duplicate 'Aflo wable Sq. Footage & Height" under lifeguard Hq Bldg Data' eJ Remove 'No Area Increase Necessary' under 7Jfeguard Hq Bldg Data' ITEM NUMBER TWO: SHEETA AT2 AD2-030 a) Revise doors 103, 179, 3121 'ratings'to read `B-Labe1" FTEM NUMEER THREE; SHEETA-AT3 AD2-002 a) Revise Room Finish Schedule; room # s 115 & 211 to read 'Break Room b) Remove all data In Run 215 Elevator and add remark 'see- sheet A-A20' ITEM NUMBER FOUR: SHEET AAT3.1 A132.003 �a) Revise elevation 6 to read'Lreak Room 115"in Geu of'-FGtchen 115" b) Add Elevation 5'Breek Room 211* EEM NUMBER FIVE: SHEET A -Al AD2-004 a) Alove door 106 to swing in the direction of egress as shown. b) Add Occupant Load Sign near door no.106 c) Revise phrase Kitchen 115"to mad 'Break Room 115' ITEM NUMBER SIX: SHEET A-A3.1 A132-005 a) Revise phrase Kitchen 115"to read 'Break Room 115" MM NUMBER SE)MN; SHEET A-A4 AD2-006 a) Revise phrase Kitchen 2114to read 'Break Room 211' ITEM NUMBER EIGHT- SHEETA-AG.1 AD2-007 a) Revise phrase 'Kitchen 211"to r'ead'8reak Room 211' ITEMNUMEERNINE; . SHEETA-All A02-008 a) On Secfion D-D, revise phrase `Kitchen 211 to read 'Break Room 211" LTEI,1 NUMBER TEN: SHEETA-21 AD2-009 a) Revise phrase 'Kitchen 1150to read 'Break Room 15" JTV.1 NUMBER ELEVEN: SHEET AAD2 ADZ-010, ADZ-011 a) Added pipe pene"tion Details 12 & 13 M Nf MBER TWELVE-- SHEET A AD4 AD2-012. AD2.013 a) Revise Detafl 11 b) Revise Detar719 r-MM NUIUIBER THIRTEEN: LFGDCONST. NOTES AD2-021 a) Revise constnrction note #29 from '...SS Kitchen Sink wl...'to '...SS Break Room sink wl..." JTEM NUMBER FOURTEEN SHEET B-AT1 AD2-I}14 a) Revise phrase'Kitchen'to read "Break Room" under''r. Lifeguard Bur7ding Data' (2 places) ITEM NUMBER ELEVEN: SHEET B AT2 A132-015 a) Revise Window Schedule; roam no. 207 to read'8reak Room"in ieu of `Kitchen' b) Revise Room Finish Schedule; room no. 207 to read `Break Room"in Feu of `Xitchen" c) See attached drawing no's AD1-017 d A01-018 ITEPA NUMBER SIMEN: SHEET 8,AT3 AD2416 a) Revise Elevation 1 to read `Break Room 207'in ffeu of "Kitchen 207" [MM NUMBER SEVENTEEN-: SHEET B,A4 AD2417 a) Revise phrase `Kitchen 207" to read 'Break Room 207" ITEM !NUMBER EIGHTEEN; SHEET B,AGA ADZ-018 a) Revise phrase 'Kitchen 207"to read 'Break Room 207" [MM NUMBER NINETEEN: SHEET B-Al0 A02-019 a) On Section A -A, Revise phrase "1 IChen 20T'to read `&mmk Room 207" EEM NUMBER TWENTY: SHEET B-Al1 AD2-020 a) On Secffon D-D, Revise phrase li tchen 207" to read 'Break Room 207" ITEKI NUMBER! NTiY ONE: SHEET S-A13 AD2-022 a) On Section 1. revise phrase "Kitchen 20T to read *Break Room 207' ITEM NUMB=_R TWENTY-TWO SHEET B-A14 ADZ-023 a) On Section 2. revise phrase "Kitchen 20T to read "Break Room 207" ITEM WMBER TWENTY THREE: SHEET B-A18 ADZ-024 a) On Section 1, revise phrase %tchen 20T to read'13reak Room 207' ITEM NUMF.R -FOUR: SHEET B-AD2 AD2-02S. AD2-026 a) Added pipe penetration Details 12 d 13 ITEM NUMHER_iVVENTY-FIVE: SHEET B,AD4 ADZ-027. AD2-028 e) Revise Deta# 11 b) Revise Deta# 19 UEM NUMBER TWENTY-SIX: JRGD HO CONST. MOTES AD2-029 a) Revise construction note #29 from '...SS Kitchen Sink wl...'to '...SS Break Room sink w/.. ITEM NUMEERIMPM-S99N SHEETA,A7 •AD2-031 a) Remove 1 hr fire rating from wad between Weight Room 101 d Dive Locker 102 b) Add 1hr Frye rating for walls between Dive Locker 102, Water Vehicle Storage 103, d Apparatus Storage 104 STEM NUMSES !MNiY-EIGHT: SHEET A-A2 AD2-032 a) New dimensions added far doorlocations Ill NUMBER TWENTY-NINE; SHEET A-AD2 AD2-033 a) Add new note box to detail #6 and revise title from 7yptal Firestop Detarto read Typical Fire Blocking Detar7 ITEM NUMB RTHIRTY: - SHEETA-A4 AD2-034 a) Flood control changes — EEM NUMBER THIRTY-QNE: . SHEET B-AM A132-015 . a) Add new ncte box & shade Food Concession 106 for 1 hrrating tMM_NUMBgR THISD _TWO,; SHEET S-A►4 AD2-036 a) Move door 206 to swing in the direction of egress as shown. ITEM NUMB HIRTY-THR . SHEET B-AGA AD2-037 a) Move door 206 to swing in the direction of egress as shown. b) Add new note box & shade Food Concession 106 for 1 hrraang 17MM NUMBER THI_ RTY FOUR: SHEET B-ADZ A02-038 -a) Add new note box to detail #6 and revise title from Typk-d Fkestop Detairto read'Typical Fre Blocking Deta:7 ITEM NUMBER THIRTY-FIVE SHEETS-A13 AD2-039, AD2-040 a) Revise section bubble from 71BAD2 TO 8B-AD2 b) Remove ceding & ceiling height dimension and add section bubble 8B-AD2 ITEM NUMBER THIRTY-SIX SHEET B-A14 A132-041, A132-042 8) Add section bubble 8B-A02 to both wall sections ITEM NUMBER THIRTY-SEVEN SHEET S-A16 A132-043 a) Add section Hubble 6/B-AD2 to waft section, Surround gypsum board around 1-beams. ITEM NUFASEP T 1 - IG - SHEET B-A17 a) Add section Bubble SIB-AD2 to both wall sections 1TERA NUMBERTHIRTY-NINE; SHEET B-AT2 a) Revise door no. 107 to Type 'H' and add remark b) Add door elevation 'H' - N!LK1BER FORTY; SHEETS -Al a) Revise door 107, add personnel door b) Revise door swing 108 ITEM NUMBER FORTY-0NE: SHEET B-AM a) Revue egress flow at Wet Storage 104 AD2-044 ADZ-045, A132-046 AD2-047 AD2-048 ITEM LMMSEB F TWO: ADDITIVE ALTERNATE 06 a) The Contradoris to insert a single, lump sum, true kem forAddrtive Altemate 96 to include flood proofing the Lifeguard Headquarters Building and the Educational Center Bur7ding on the revised Project Bid Schedule sheet See attached Plrofect Bid Schedule sheet within Section C - Proposal jog C-3 and C4. ADDITIVE ALTERNATE #S AFFECTS SEVERAL WAND 08"SHEETS The Intent of Additive Altemate #5 is to flood proof (make waterlight) the habitable part of the first Door of the Lifeguard Headquarters Building up to 4.2 feet above the finish floor. That is, rooms 129, Electrical Room.105, Mairtenan :e Storage and all rooms to the east of Grid Lines 3 and 4. The flood proofing Is to include (but may not be limited to): 1. Door numbers 101.103, 110. 111, 114, 123 and 125 are to be flood -proofed up to 4.2 feet above the finish floor elevation with compression gasket lift -out flood panels with recessed sills. Panels are to be as manufactured by Walz & Krenzer, Inc., Oxford, CT.. 203-267-5712. 2. The wail separating the habitable first floor from the garage shall be changed from 2x wood construction to 8' CMU as shows In Drawing No. A02-034. The footing under the CMU wail Is to be as shown in Detail 4/S2.3. 3. East and south exterior walls of the building and the garage side of the wall separating the habitable first floor from the garage shall be waterproofed (under the finishes at the exterior) up to 4.2 feet above the finish floor elevation with the same Sarnafii waterproofing system specified at the retaining wail on the north side of the building. 4. Assume the epoxy -coated, reinforcing steel In the interior and exterior masonry walls at the perimeter of the habitable first floor Is to be Increased 33% over what Is shown in the Drawings to a eight of 4.2 feet above the finish floor elevation. 5. Assume the width of the concrete footings at the north, east and south exterior walls of the building and the CMU wall separating the habitable first floor from the garage are to be increased 33% over what Is shown in the Drawings. Assume the concrete slab underthe habitable area ta•be incrreased to thirty (30) Inches thick. The intent of Additive Aftemate #6 is to flood proof (make watertight) the first floor of the Educational Center Building up to 3.8 feet above the finish floor. The flood proofing is to include (but may not be firm ed to): 1. Door numbers 101, 102, 103, 104, 105. 106,107, 108, 109 and 110 are to be flood -proofed up to 3.8 feet above the finish floor elevation with compression gasket lift -out flood panels with recessed sills. Panels are to be as manufactured by Walz & Krenzer, Inc., Oxford, CT., 203-267-5712. 2. Emerior walls of the building shall be waterproofed eider the finishes up to 3.8 feet above the finish floor elevation with the same Samafil waterproofing system specified at the retaining wall on the north side of the building. 3. Assume the epoxy -coated, reinforcing steel In the extedormasenry walls at the perimeter of the first floor is to be Increased 33% overwhat Is shown In the Drawings to a height of 3.8 feet above the finish floor elevation. 4. Assume the width of the concrete footings at the exterior walls of the building are to be Increased 33% over what is shown In the Dravr'ngs. Assume the concrete slab for the entire building to be increased to twenty- four (24) inches thick. Assume a 12' thick slab low in the area of the future food concession. ITEM NUMBER FORTY-THREE: ADDITIVE ALTERNATE #7 a) The Corrtradoris to insert a single, lump sum, line BerntbrAdditive Altemate #7 to lrrdude a watertfi?ed colfeerdam aifemative flood proofing for the Lifeguard Headquarters Building and the Educatiorsal Center 8u]ding on the revised Prvjed Sid Schedule sheet. See attached Project Bid Schedure sheet within Section C-Pmposalpg C-3 and C-4. ADDITIVE ALTERNATE #7 AFFECTS SEVERAL'A" AND '8' SHEETS Tie Intent of Additive Alternate #7 is to flood proof the Lifeguard Headquarters Building by providing forwater filled cofferdams to be used In case of flood. 1. Propose to provide four hundred (400) lineal feet of water filled cofferdams, six (6) feet tall and seventeen (17) feet wide, to form two lines of dam on the south side of the building to be used In case of flood. Water tilled cofferdams are to be'Aquapam' as manufactured by Water Structures Unlimited. Carlotta, California. 800-682-9263. 2. Propose to install a 5.5 horsepower, 3'trash sump pump and hose to reach from the upper parking lot to a low point in the flatwork to the south of the trending. The intent of Additive Alternate #T is to flood proof the EducMicnat Center Building by providing for water filled c0ardams to be used in case of flood. 1. Propose to provide five hundred (500) lineal feet of water filled cofferdams, six (6) feet tall and seventeen (17) feet wide, to form two lines of dam cis the south side of the building to be used In case of flood. Water filled cofferdams are to be'AquaDam' as manufactured by Water Structures Unlimited, Carlotta. California. 300-682-9283. 2. Propose to provide a 5.5 horsepower, 3' trash sump pump and hose to reach from the upper parking lot to a low point In the Ratwork to the south of the building. ITEM NUMBER FORTY-FOU3: SHEETS-AT1 AD2-049 . e) Revise Garage data under 'Jr Lifeguard Bldg. Data'. ITEM NUMBER MRTY-FIVE SPECIFICATION SECTION 09680, CARPET a) Add Specification Section 09660, CARPET. BFM NUMBER. FORT�-SIB; SPECIFICATION SECTION 02050, BUILDING DEMOLITION a) Add Specification Section 02050, BUILDING DEMOLITION. ITEM NUMBEREORMEVEN: Site plan sheets E-6, E 7, E-8, and E-9 Revise General Note #5: Mk*nu rr size for all conduits (ncludng homeruns) to site parking lot its and walkway fights shay be 2"in fieu of I NO(Perattached SKI). ff,M UUMSER FORTY-EIGHT` Sheet E-6 and E-9 New beacon per City of HB Standards /Caltrans type 1A (Perattached SK3,10). - [EM NUMBER FORTY-NINE;.Sheet E-9 Add unmatched circuit 19 far beacon light (Per attached SK9). ITEM NUMBER FIFTY: Minimum Inner radius of conduit bend shall be per NEC 1996 Table 346-10, no exception. Conduit run shown on site plan is diagrammatic, form 45 degree conduit run whenever applicable to avoid two 90 degree bends (Perattached SKI). ITEM NUMBER FIFTY-ONE:Provide additional pull box ' fcr all homeruns greater than 200 feet In length whether shown on the drawings or not (Per attached SKI). ITEM NUMBS FIFTY- O' Sheet E-10 and E44 LGHO and JLGHCI bldgs fighting Orrin elf low level exit path signs except in 1 hourrated corridors. ITEM NUMBER FIFTY-THREE: Site plan sheets E-6, E-7, E-8, and E-9 Add existing site power and telephone pull boxes to be removed including associated conduits and cables. (Per attached SK2 throw, SK9 and SKI!). 1:[F.M NUMBER FIFTY-FOUR; Revise feeder schedule forJLGHO Per attached SK12 ITEM NUMBER FJFTY-FINE=Add smoke detector at top of elevator hoist way (Per attached SK13.14). RTEM NUMBER FIFTY-SIX: Revised symbol list definition of existing conduit: "see plans for requirements" (Per attached SK15). ITEM NUMBERFIFTY-SEVEN: Revised trenching detail # 5 sheet E-19 (Per attached SK16). 17EM NUMBER FIFTY-EIGHT: Add grounding and Isolation transformer on sheet E-11. (Per attached SKI7). ]TAM NUMBER FIFTY -MINE-. Sheets E-GA, E 7A, E-SA, E-9A Delete proposed temporary lighting along bike/pedestrian trail ITEM -NUMBER S1 : Temporary Lifeguard and Jr Ltfeguard Bldgs Contractor shag make a# utility connections at temporary &feguad and Jr: Lifeguard sites. [MM NUMBER SIXTY ON: Sheet D-4 Item #20. Protect in place t (one) existing Jr. Llfeguard trailer far agency use. Agency shall verily temporary bur7drng and all items to remain. Contractor shag remove all other items. (TEM NUM89R SIXTY-TWO: Sheet E-6 Sit Plan General note 94 sha,7 include the follovXng, "All handholes and pug boxes in traffic areas shag have GaWnizsdtrat"c gds". ITEM NUMBgE SI -TH : Sheet D-1 (The following superceeds Addendum #1 Item Number Four): Item ' t " under etectrical reads. 'Remove existing antenna and connections' M shall be revised to read: "Remove exist.ng antenna tower and connections Including footing. Salvage enure antenna and Deliver to site as spedfed by Cky representa5ve" ITEM NUMBER SIXTY-FOUR: City Standard Plans It Is the responsibility of the contractor to obtain a# City stanadard Plans referenced within the contra REM NUM ER S1 -F :Greenboak Modification to be included in specifications Mcd,•fy 2000 Greenboak Section 2.3.2 Additional Responsibility by designating as a 'Specialty Item" a# Buildings shmv on the project plans. ITEM NLIN18ER SIXTY-SIX: Sheet L-10. Detail H Tihis deafcl for the singfe trash enctosure references a section 'A" decal of the combination CMU and concrete waL This section detail has been modified. (See attcheddeta# SKID). ITF.M NUMBER SIXTY-SEVEN: SPECIFICATIONS -Tattle of Contents, Section C and Section E A demalklon seWon has been added to Section E General Provisions under 2-5 -Plans and specifications and additme alternMes #S and 97 have been added to the Project Bid Schedule In Section C This In turn has revised page numbering for both sections. A revised Table of Contents has #Veen Issued as well as Section E — General Provisions and Section C - Proposal. (See attached Table of Contents and Sections C — Proposal and Section E —General Provisions of the specifications). jIEM NUMBER SIXTY-EIGHT: Sheet L-9.1, Details "F" , "H" and "I" The detaft indicate to refer to details A B and C on Sheet L-9.I and Detail J on Sheet L-9 far notes and adMional infca"allcn. All notes In the referenced details apply as called cr t under 'Notes" as weld as cal outs for water proof on retaining side of wag, drrainage and guard rails when appkcable per the notes. END ADDENDUM #2 This is to acknowledge receipt and review of Addendum Number one, dated November 15, 2002 WeecTer Bros.t Inc. Compary Name E ark 4 e, P i e December 10, 2002 Data All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should ycu have any questions regarding this Addendum. please call Todd Broussard at (714) 536-5247. City of Huntingtin Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For . South Beach Phase 2 CC No 1169 December 4, 2002 Noti=e To All Bidders: Please note the fallawirg revision to the Project Plans. Specifcations, and Technical PmvWons ITEM NUMBER ONE: Responses to bidders RFi's See attached RF!'s and responses. This modiflcaUon does not chaMe the i=ngineer's Eatlmate for this project This is to aclmawledge receipt and review of Addendum Number on dated er 15, 2002 Weeger Bros., Inc. Company Name Mar g , Presi ent December 10, 2002 Data AD bidders must acknowledge the receipt of this Addendum with yourbld proposal. Should you have any questions regarding this Addendum. please call Todd Droussard at (714) 535-524T. THE AME.XAN 1N5TITUTE OF ARC ATECT5 AIA DocumentM10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Weegerl. s., lnc., 2124 Main Street, 114rrr teseq cult namt a>td address or legal iitSr of (plltram" Suite 146, Huntington Beach, CA 92648 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Compmy of America, Ir4ere inurt full Marne and addres4 or legal pile of Sur*M 21688 Gateway Center Drive, Diamond Bar, CA 91765 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound canto City of Huntington Beach, (Here Inert full name and addrm or legal lid* of Qwnerl 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, In the sum of Ten Percent ofthe Amount ofthe Bid --------- Dollars (S 10.00% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. -WHEREAS, the Principal has submitted a bid for South Beach Phaare ses 11, orom: e� u i»a6d� �� Sim ..il) of Huntington Beach, CA NOW, THEREFORE, If the Oblljee shalt accept the bid of the Principal and the Principal shill enter into a Contract with the Obligee In accordance with the terms of such bid. and jive Such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bld and such larger amount for which the Obligee may in good faith contract with another patty to perform the Work covered by said bid, then tills obiigatlon shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 1M day of December >Q 2002 AIA DOCUMENT A710 • BID BOND • AIA 0 • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1713 N.Y. AYL, N.W., WASHINGTON, D.C. 2p006 i P'mW on Recycled Paper 9:95 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT' State of California County of Los Angeles On 12eccmi?er 10.2002 , before me, Julie K Ormondroyd , Notary Public, personally appeared Riark E. Shr_ckengast JEUE K ORMOHDFOYD s COMM. #1302326 A ,�,, NorAAY PtJ8L1C • UlJFM11A g F• •)r ' t15 Jl'JGc° B CCUNTY M' CMM E;*ft sa►i 26, 2MS ....,....,.G* a of 4*be ............000: Place Notary Seal Above Optional Personally known to me to be the person whose name is subscribed to the. within Instrument and acknowledged to me that he executed the sa-me in his authorized capacity, and that by his siapature on the instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. WITNESS my hand and official seal. of Notary Pubis ,Mough the Wbr=ation below is riot required by law, it may prove va:uabla to persons relying on die document. and could ymvent fraudulent removal and r.. nachment of this kna to another docurre u. Description of Attached Document Title or Type of Document: Document Date: Number of Pa -es S igner(s) Other Than Named Above:, Capacity(ies) Claimed by Signer 5igncr's Name• - _Individual Corporate Officer - Title(s): Pa.-mer -jLl cited General A-torney-in-Fact Trustee Guardian —Other.— Signer is Representing: TRAVELM CASUALTY AND StMETY COMPANY ' 1t1'II.ti GTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-L1 FACT &NOW ALL PERSONS BY THESE PRESENTS, THAT TR4N'ELERS CASUALTY AND SURETY CONTANY OF AINIERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAR LNGTON CASUALTY CONWAtiY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connectict:t, (hereinafter the "Companies") hath made, constituted and appointed, and do by these pros= snake, eoastitute and appoint: Candy X Coons, Mark E. Shrecicengast, of Los Angeles, California, their true and lawful Anerrtey(s}ix-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrumert(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the na=e of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized oMcen of the Companies, and all the acts of said Atorney(s)-in Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made tinder aid by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect VOIM; That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Tmastx-, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoir..t Attorneys -in Fact and Agents to a=t for and on behaYof the company and may give such appointer such authority as his or her certificate of authority may pres'be to sign wits the C=4=y's name and seal with the Company's seal bonds, recogrti=ces, contracts cf indemnity, and other wtitings obligatory in the nature of a bond, recognizance, or conditional undertaking. and any of said officers or the Board of Directors at any time may remove any such appointee and mvke the pov,2r given him or her. VOTED: That the Chairman, the President, Any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice Presdctt may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that ea6 such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: 'that any bond, recopizartce, contract of irdetnnity, or aTitiag obligatory in the nature of a bond, recognizance, or conditinal tmdmtakin j shall be valid and binding upon the Company when (s) signed by for President, any Vice Chairman, any Executive Vice President, any Senior Vice President cr any Vice President, any Sccond Vice Presided, tha Treasurer, any Assistant Treasurer. the CorpoWx Secretary or any ,assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly execated (under seal, if required) by one or more Attoraeys-in-Far and Agents pursoant to the power pros bd in his or her certificate or their ccif cater of anihariy or by one or more Company officers pursuant to is written delegation of authority. This Poorer of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY CO'.4iPAtiY OF AMERICA, TRAVELERS CASUALTY AND SURETY COINI PANY and FARVILYGTOti CASUALTY CO PANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice Presideat, any Assistant Vice President, nay Secretary, any Assistant Secretary, and the seal of the Company may be affixed by fa:rtnile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assirart Secretaries or Axarneys4n Fact for purposes only of ©outing and attesting bends and tmdertalcings and other writings obligatory in the nature thereof, and any via power of attorney or ce: ificre bearing ouch facshnil_ sigrature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by inch facsimile signature and facsimile seal shall be valid and binding upon the Company in the fm= with respect to any bond or unde taldng to which it is attacbed (11-00 sumard) "IF -y i b -Wti s A-C-0RA. CERTIFICATE OF LIABILITY INSURANCE 02/3r2 0 P?.+weER (949)261-5335 FAX (949)261-1911 Tutton Insurance Services, Inc. 29I3 S. Pullman St. Santa Ana, CA 92705 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERMFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED weeger Brothers, Inc. 2124 Main Street, Suite 146 Huntington Beach, CA 92646-6443 INSURER A: Navigators Insurance Company INSLR=_R8: Travelers Property Casualty INSLR=RC: State CoM . Insurance Fund INSURER D: PSURER E: COVERAGES TY.E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CCNDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R I TYPE OF INSURANCE POLICY NUMBER AT ,- E ry AT MAMA H IIAMTS GENERALLIABILnY CL207078 02/0112003 02/01/2004 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILrrY FIRE DAMAGE (Any am Mel S 50 a0 CLAIMS MADE a OCCUR MED EXP Wy one ousoe► S smol A PERSONAL 8 ADV R IURY S 1 Qv0 0C J GENERAL AGGREGATE S 2 o0O 00 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2 000 00 POLICY jPeC*T_ F1 LOG AUTOMOBILE LIABILITY 10621H914AO3 02/01/2003 02/01/2004 COMBINED SINGLE LIMIT X ANY AUTO IED wode" II = 1 o00 00 BODILY INJURY : ALL OWNED AUTOS B SCHEDULEDAUTOS (PerW—) BODILY INJURY : HIREa AUTOS NON-OYINED AUTOS 0 0 _ w sc w Il D y-0 qj 2 PROPERTY DAMAGE10� (Pa+codem) GARAGEL.IAS'LITY �Nlg$R AUTO ONLY -EA ACCIDENT i OTHER THAN EA ACC S ANY AUTO S AUTO ONLY: AGG EXCESS LtA&LRY EACH OCCURRENCE f OCCUR CLAIMS MADE AGGREGATE S S S MMC718LE S RETENTON S WORKERS COMPENSATION AND 161089903 03/01/2003 03/01/2004 X I TORY LIMN$ I JOT14. ER C EMPLOYERS' LIABILITY E.L. EACH ACCIDENT t E.L. DISEASE - EA EMPLOYEE f f - - — E.L. DISEASE • POLICY LIMB I I OTHER DESCRIPTION OF OPER T N 'L N HICLES.'EXCLUSIONS ADDS BY ENDORSEMENTI3PECu►L PROVISIONS MM.L'"unt ��Its t�` gents;xvfl iceCsmand eWlaees, are snnawd,additioral..insure&.per - ttarhtd*14MF1ifl0estmenir"."` E: South Beach -Phase II. 10 day notice of cancellation will 6e sent for non-payment of premium. 'Alteration of cancellation wording does not apply to policies with Travelers!". CERTIFICATE HOLDER I 1 ADDITIONAL INSURED: INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANYWILL*XU MAIL Its agents, officers, and employees 30 DAYS WRITTEN NOTICE TO THE CERTI[ ICATE HOLDER NAMED TO THE LEFT, Attn: Eric Charlonne xxa(NLVWtUX1XXKMM P.O. BOX 190 K"*XWMK1(*XXXMM)xX4WMKMXK* XKXXXXXXXX AUTHORZED REPRESENTATIVE [StanleyTutton Huntington Beach, CA 92649 ALEX ACOF O 25S (7197) CACORD CORPORATION 1988 cry cf, Cta,A, V,- Lv THIS EN'DORSLMEN T CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies lnturance provided under the following: C0.45U RCIAL GENERAL LIABILITY COVERAGE FART ADDTTIONAL INSURED - OWNERS, LI:SSEFS OR CONTRACTORS (FORM B) CG 20101185 SCHEDULE Name of Person or Organfxatian: Any person or organization that the rained inured is obligated by virr c of a written contract or agreement to provide insurame such as is afforded by this policy and is approved by the Company in writing within 30 days of the inception of the contract or agreement, or the fi=pdon of this policy, whichever is later. %110 IS AN INSURED (Section II) is amended to include as an Insured the person or organization shown in the SchWe, W. only with respect to liability arising out of 'your work` for that k=red by cr for you. The following additional provisicns apply to ary entirf that h in inrued by the tcrms of this endorsement: 1. Werdirt¢ If reSulred by written contract or agreement: Such iasuraare as is afforded by this policy shall be primary 1mrance, and any insurance or seV=uisunrux miintalned by the above additional iu ared(s) shall Ire excess of the irwarance afforded to the named insured and stall not tnbu:e to it. 2. Waiver of Su6rUtdon If required by written contract or agreement: We waive any right of recovery we may have against an entity that is as addidonaI insured per the terms of this endorsement because of payments we make for injury or damage arising out of 'your work' done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim &ruing mn of tau sole nrgl4ence off any additional insured of any of their agentslemployees. 4. Additional Insured hereby agrees and acknowledges that: I. This policy cc=ina significant exclusions and restrictions beyond those standard to the coverage form; and b. A copy of the policy is available t:pon tegiest Rov��q � To l'o s A:�iF 1502 (08199) k1; ;F N[FER Mc3RATH,tt=W FEB-25-2003 13:18 Tutton Insurance 97% P•02 CONTRACT BOND - CALIFORNIA Bond 103544579 FAITHFUL. PERFORMANCE - Initial premium charged for this bond is PUBLIC WORK $67,098.00_ subject to adjustment upon completion of contract at applicable rate on final contract price. KNOB' ALL BY THESE PRESENTS, That Weecer Bras_, Inc... of 2124 Ma'n %Met. 5pft 146,i0atoMBnch_CA 92648 as Principal, and the TravelersCasualty and Surety Company of America , a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto „C'it of Huntington Beach in the sum of Nine Million Seven Hundred Ninety Thousand Five Hundred and 001100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------------------------------- Dollars(S 9,790,500.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators. successors and assigns, joinily and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated , with th f Huntington to do and perform the following work, to -wit: South Beach Phase Two, Cash Contract 1169 NOW, THEREFORE. if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and sealed this 12th day of February _ 2003 Wee er Bros., Inc. APPROVED AS TO FORM:, Principal CITY ATTOP:;-ZY BY. ` By. Mark T. Wee er sident Deg ty City gttorreT Traveler Ca a!ty and Surety Cornognyof Amerira By %lr 41L ('Pt�p Mark ft. Shrecken st, tramey-in-Fact 1 S4815JGEEF M8 Executed in Two Counterparts CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles February I2, 2003 On . before me, Julie M. Omtordroyd, Notary Public, personally appeared mark E. Shreckengast Juui: ra. arl,'10"DR Nj : 2 '�/ t^S: AK"cLES CCLiTV 2 ��° V1 ccr'!7L Ix;r-s Apa 26.2r.X5 Place Notary Seal Above Optional Personally kno%%m to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seat. of Votary Public Though the information bclow 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: Individual _Corporate Officer - Title(s): _Partner- _Lim ited_Geneml ZC Attomey-in-Fact Trustee Guardian Other: Signer is Representing: Bond 103544579 CONTRACT BOND - CALIFORNIA PAYMENT BOND KNOW ALL BY THESE PRESENTS, That we, Weeger Bros., Inc. and the Travelers CasualtvaaxiSure!X21-R inrofAmerica , a corporation organized and existing under the laws of the State of 3om-ctimt: wid authorized to transact surey business in the State cf California, as Surety, are held and firmly bound unto Ci►y of Hunting;cn Beach , as Obligee, in the sur:t of Nine hlillion Seven Hundred Ninety Thousand Five Hundred and 00/100-------------------------- ------------------------------------------------------- Dollars(S 9,790,500.04 }, far the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, Thst W EREAS, the above -bounden Principal has entered into a contract, dared day of , with the Obligee to do and perform the following work, to -wit: Soith Beach Phase Two, Cash Contract 1169 NOW, THEREFORE, if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Sec —ion 3131 of L%.A Civil Ccde of the State of California. or amounts due under the UnempIoymert Insurance Code with respect to work: or labor performed under the Contract,, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from to wages of employees of the Principal or his/her subcontractors pursuant to Section 18306 of the Revenue aid Taxation Code, wit:% respect to such work- and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought L—on this bond, a reasonable a:totney s fee, to be faxed by the court. This bond shill inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of L%.— Civil Code of the Star: of California, so as to give a right of action to then: or their assigns in any suit brought upon this bond. Signed, sealed and d_::3 this 12th LPPP,OVED AS TO F OMI.*l CITY ATTOR;:EY By: De u y City r+to=re7 No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. day of February , 2CO3 Weeger 12ros., Inc. Mark T. Wee er Pres ent Travelers Casual "Surety C rpmV of karica By Mark E. Shreckogast, Aromey-ir.-Fac: S431e1SAEF Vs: Executed in Two Counte rays CALIFORNIA ALL-PURPOSE ACKNO`VLEDG%fENT State of California County of Los Angeles February 12, 2003 On , before me. Julie Nt. Ormondroy d . Notary Public, personally appeared Mark E. Shreckengist ..................................... CC:'.1M. &1Y,'2 1_3a to hJT.+t'Y?UC'l' OLrGRM S LDS ANZE E5 CCUSTY 2 • tip, Comm Er�rss Sa.3 25. M5 ..................................... Place Notary Seal Above Optional Personally known to me to be the person whose name is subscn"bed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 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 th;s 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: Individual Corporate Officer - Title(s): _Partner- _Limited General .,X_Attomey-in-Fact Trustee _Guardian Other. Signer is Representing: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARIM]I GTOti CASUALTY COMPANY 12rtford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE Or AUTHORITY OF ATTORtiEY(S)-M-FACT KNOW ALL PERSONS BY THESE PRESENTS, TRAT TRAVELERS CASUALTY AND SURETY COMPANY OF A.MERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAR1MINGTON CASUALTY COMPANY, corporations duly organized under the lau-s of the State of Conncctizut, and having their principal offices in tre City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Candy M. Coons, Durk E. Shreckengast, of Los Angeles, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following insuument(s): by his/her sole signature and act, any and all bonds, recognizanccs, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: 11.at the Chairman, the President, any Vice Chairman, any Execr-tive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporwc Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with &e Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED. That the Chairman, the President, any Vice Chairman, any Execttive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officer; or employees of this Company, provided that each such delegation is in wTiting and a copy thereof is riled in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or wTitirg obligatory in the nature of a bond, recognizance, or conditional undelaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by ore or more Company officers pursuant to a wTitten delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANNY OF A-MERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAR'%M GTO-N CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Presidcr. , any Executive Vice President, any Senior Vice President, any Vice President, a_iy Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other KTitings obligatory in the nature thereof, and any such power of attorney or certificate bearing rich facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by Frith facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached (t1.00 Stand.vd) CONTRACT BOND - CALIFORNIA Bond 103544579 FAITHFUL PERFORMANCE - Initial premium charged for this bond Is PUBLIC WORK 567,098.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL BY THESE PRESENTS, That of 2124 Main Street, SuiteS46-Huntington Beagh. CA 92648_ as Principal, and the Travelers Casualty and Surety Company of America , a corporation organized and existing under the laws of the State of Conne:ticut _ and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach in the sum of Nine Million Seven Hundred Ninety Thousand Five Hundred and 001100----------------------------- - --------------------------------- - - - - --------------------- I.Dollars(S 9,790,500.00 ), far the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a Contract, dated , with the City of Huntington Beach _ to do and perform the following work, to -wit: South Beach Phase Two, Cash Contract 1169 NOW, THEREFORE, if the above -bounden Principal shall faithfully Ferform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract Sighed and sealed this 121h day of February 2003 Appj DYED AS {0 rOP� WeegerBros.. Inc_ - Priw:ipal By: _�,� Mark eege r Presi nt 1 City ,��,� -�-..=37, rave'ers Casusl urety C m an f America By Mark 9 threckengas Attorney -in -Fact S-0815;GE-cF V98 ` 1 Executed in Two Counterparts 1Vr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles February 12, 2003 On , before me, Julie M. OmmondroyJ . Notary Public, personally appeared Mark E. Shreckengast • ,�'�:='� JE:LIc Fri. 0ii.lv�iGnCe'i G NOTA 2 " .� LOC.MULES C ',TY 2 Place Notary Seal Above Optional Personally known to me to be the person whose name is subscribed to the within instrument ar_d acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. of No ary Public Though the information below is not required by taw, it may prove valuable to pcnons 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 Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _Individual _Corporate Officer - Title(s): _Partner- _Limited —General �C Attorney -in -Fact Trustee _Guardian Other: Signer is Representin&: Bond 103544579 CONTRACT BOND - CALIFORNIA PAYMENT BOND KNOW ALL BY THESE PRESENTS, That we.' Weeger Bros., Inc. an3 to TrmmlersCasualty xv:ISuretyCcc +anyofk erica . a corporation organized and existing uncut Lie laws of the Sta•_ of Ccrzreeticut and authorized to transact surey business in the State of California, as Surety, are held and fi„aly bound unto 2,ity o. Hun;:ngton Beach , as Obligee, in the sure of Nina Million Seven Hundred Ninety Thousand Five Hundred and 001100 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - ------------------------------------------------------• Dollars(S 9.790.500.00 ), fob the payrient whereof, well and truly to be made, said Principal and Surety bird themselves, the;r heirs, adriirii =:ors, successors and assigns, jointly and severally, fir-mly by these presents. THEE CONDITION OF THE FOREGO LNG OBLIGATION IS SUCH, That NWHEREAS, the above -bounden Principal has eatemd into a con tmct, cited day of . with the Obligee to do and perform die following work, to-wi:: South beach Phase Two, Cash Contract 1169 NOW, THEREFORE. if take above -bounden Principal or his/her subcortnctors fall to pay any of the persons named in Sect.k.1 3181 of t~e CiviI Ccde of the State of California, or amounts due under the Un". ploy...ent Insurance Code with respect to work - or labor perfer:red urde: *,t Contract, or any rirounts required to be deducted. wilt tld =%d paid over to the Franchise Tax. Boa.-4- from rite wages of employees of the Principal or his/her subcor.^crors pursuant to Secrcr. ISS06 of the Revenue rnd Taxation Code, with, respect to such wort- and labor, Surer y will pay for the sa-n e, in an anaor:tt no: exceeding the =oust specified in t.'ris bcnd, a::d asa, iz case suit is brought upon this bond, a reasonable a:toney's fee, to be fixed by the cc-u; �. This bond s _11 inu-e to the benefit of any and all pe-sons, eor„ranles or corpor_:iens entitled to file claims =der Se -Mon 3151 of *.e Civil Code of s.` - State of California, so as to give a right of ac:ien to t. ern or their assigns in any suit brousht upon Lhis bond. S;; :ed, sealed and d_:.d this 12th day of l`etruzry 2CO3 No premium is charged for this bond. It is executed in cornec:ior with a bond for Lhe performance of the contract. .Sw!161SAcT:033 Executed in Two Counterparts Weecer Eres., Ir.c. piL.CiYSI Mark T. Weeger, res ent Travelers By i Mark od Surety _Cacpmry of America l:recke., Aaom: -Y-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles February 12.2003 O:t , before me, Julie M. Ormondroyd , Notary Public, personally appeared Mark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument aad acknowle&ed to me that he executed the same •••••••••••••••••••••••••••'••'•••'•: in his authorized capacity, and that by his signature on the instrument the JULIE M.O. 10?:GridD • • , o C,(]person, or the enti y upon behalf of which the person acted, executed the :.?10Z,� ��, ai._". F instrument. 2 4 J tom S A!_-RES CC01Y 2 • a ; �„M &�i ce+'n N"5 r.% 25• = WITNESS my hand and official seal. Place Notary Seal Above Optional of 1`ctary Public Though the information below is not required by law, it may prove valut.ble 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: Individual ____Corporate Officer - Title(s): Partner--Limited—General X Attorney -in -Fact Trustee Guardian Other. Signer is Representing: TRAVELERS CASUALTY AND SURETY COMPANY OF A.tifERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMLNGTON CASUALTY COMPANY Hanford, Connecticut 06183-9062 POR'ER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTOR.NEY(S)-IN-FACT KNOW ALL PERSOM BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAR31L\GTON CASUALTY CO3IPANY, corporations duly organized under the laws of the State of Connecticut, and haying their principal offices in the City of Hartford, County of Iartford, State of Connecticut, (hereinafter the "Companies") hath madc,,eonstituted and appointed, and do by these presents make, constitute and appoint: Candy M. Coons, Mark E. Shreckengast, of Los Angeles, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred tc sign, execute and acknowledge, at any place within the United States, the follo%iing instrument(s): by his/her sole signature and act, any and all bonds, recognizanccs, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorrtey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officer; or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of inderrutity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, ary Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal. if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one cr more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF ATiiERICA, TRAVELERS CASUALTY AND SURETY COtiiPAti'Y and FAR 1LNGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secre ary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon L%e Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (I1-00 Sundard) Company Profile Page 1 of 2 Company Profile m1fo Ins9fafice TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA CIO TRAVELERS/AETNA PROP & CAS CO ONE TOWER SQUARE HARTFORD, CT 06183 800-392-5494 Former Names for Company Old flame: AETNA CASUALTY &: SURETY COMPANY OF AMERICA Effective Date: 07-01-1997 Agent for Service of Process JAMI BURKS, 21688 GATEWAY CENTER DRIVE 3RD FLOOR DIAMOND BAR, CA .91765 Unable -to Locate the Agent for Service o� Process? . NAIC #: Reference Information 31194 NAIC Group #: 3121 California Company 1D #: 2444-8 Date authorized in California: July 31, 1981 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the lossa . AIRCRAFT AUTOMOBILE http://cdinsw«-%k-.insurance.ca.gov/pis/wu co_proVidb co_prof utl.get co_prof?p_... 2/1912003 Company Profile Page 2 of 2 BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information 16 Company Enforcement Action Documents Company Performance R. Comparison Data Composite Complaint Studies Want More? Help Me Find a Company &e r-gsentative in My Area Financial RatingOrganizatioris Last Revised -January 08, 2003 06:21 PM Copyright C C2lifoml3 Department of Insurance Disclaimer http://cdinsw%%,w.insumncc.ca.gov/pls.'%N-u-co_proflidb—co_prof utl.get_co_proPp_... 2119.12003 �, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CAL.IFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 14,2003 To: Dennis J. Amoroso Construction Co,, Inc. 184 Technology Drive, Suite 105 Irvine, CA 92618-2436 Enclosed please find your original bid bond issued by Travelers Casualty -and Surety Company of America for CC No.1169 vprl-�VaAVA L"JAL-A Connie Brockway, CIVIC City Clerk Enclosure: Bid Bond c-.Mollowupltashcontfretumbidbond.doc _� _ _ 1Telohons: 714 536.52271 _ . SECTION C PROPOSAL for the South Beach Phase Two Between First Street to Huntington Street (on ex coastal side of Pacific Coast Highway) CASH CONTRACT No. 1169 in the f' CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACII: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of 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. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or Jump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readverdse C-1 the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. 14 of BiD Wcr-ae< Accompanying this proposal of bid, find bond in the amount of 5 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: Date Received Bidiler's Signature .�i�RMI lr`,�. KIM, — NO A!, C-� ITEM NUMBER FORTY-EIGHT: Specification Section 08710 a) Add Pages 3, 4 and 5 to Specification Section 06710, Finish Hardware (Attached). ITEM NUMBER FORTY-NINE: Specification Section 08800, Glazing ' a) It is clarified that only glazing with eighteen inches (18') of the finished floor or a door is to be tempered. Typical dual glazing is to be Yd" grey glass at exterior side and d" clear glass at ' interior side. All glazing at exterior guardrails is to be W dear tempered glass. Approved glazing manufacturers are to include Trident Consolidated, City of Industry, Hehr Glass, ' Pomona and California Glass Bending, Wilmington. ' ITEM NUMBER FIFTY: Sheet B-S3.12 ' a) Added Sheet B-S3.12. At this time, Detail 1 is the only Detail on Sheet B-S3.12. b) See Attached Drawing No. AD1-061. ITEM NUMBER FIFTY-ONE: Sheets C-1 through C-27 Construction note # 3 on civil drawings shall be modified from 10" Full Depth A. C. to 6" Full Depth A.C. ITEM NUMBER FIFTY-TWO: ADDITIVE ALTERNATE #5 ' Additive altemate #5 has been added to the Bid Summary Sheet — See attached Bid Summary Sheet pg. C-3. ' This modification does not change the Engineers Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, Nove r 5, Company Name By � Nc � c Date ' All bidders must acknowledge the receipt of this Addendum with your bid proposal. ' Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. ITEM NUMBER SIXTY: Temporary Lifeguard and Jr Lifeguard Bldgs Contractor shall make all utility connections at temporary lifeguard and Jr. Lifeguard sites. ITEM NUMBER SIXTY-ONE: Sheet D-4 Item #20. Protect in place 1 (one) existing Jr. Lifeguard trailer for agency use. Agency shall verify temporary bur7ding and al' items to remain. Contractor shall remove an other items. ITEM NUMBER SIXTY-TWO: Sheet E-6 Sit Plan General note #4 shall include the following. "All handholes and pull boxes in traffic areas shall have Galvanized traffic lids" ITEM NUMBER SIXTY-THREE: Sheet D-1 (The following superceeds Addendum #1 Item Number Four): Item " I ' under electrical reads: 'Remove existing antenna and connections' This shall be revised to mead: 'Remove existing antenna tower and connections including footing. Salvage entire antenna and Deliver to site as specrf' red by City representative" ITEM NUMBER SIXTY-FOUR: City Standard Plans it is the responsibility of the contractor to obtain all City standard Plans referenced within the contract ITEM NUMBER SIXTY-FIVE: Greenbook Modification to be included in specifications Modify 2000 Greenbook Section 2-3.2 Additional Responsibility by designating as a Specialty Item' al! Bur7dngs shown on the project plans. ITEM NUMBER SIXTY-SIX: Sheet L-10, Detail H This deaail for the single trash enclosure references a section A" detail of the combination CMU and concrete wall. This section detail has been modified. (See attched detail SK19). ITEM NUMBER SIXTY-SEVEN: SPECIFICATIONS - Table of Contents, Section C and Section E A demolition section has been added to Section E General provisions under 2-5 Plans and specifications and additive attemates #S and #7 have been added to the Project Bid Schedule in Section C This in turn has revised page numbering for both sections. A revised Table of Contents has been issued as well as Section E — General Provisions and Section C - Proposal. (See attached Table of Contents and Sections C — Proposal and Section E — General Provisions of the specifications). ITEM NUMBER SIXTY-EIGHT: Sheet L-9.1, Details "F" , "H" and "t" 7rie details indicate to refer to details A, B and C on Sheet L-9.1 and Detail J on Sheet L-9 for notes and adddional information. All notes in the referenced details apply as called out under'Notes" as well as call outs for water proofing on retaining side of wall, drainage and guard rails when applicable per the notes. END ADDENDUM #2 w0 This is to acknowledge receipt and review of Addendum Numrne, dated ovembe 20 2 t u•y [ �� Company Name ey t V7 CYZ-- Da4e All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 535-5247. 12/-04/2202 16:e8 7148711188 PLRKISS ROSE RSI PAGE 02 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536 5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For South Beach Phase 2 CC No 1169 December 4, 2OC2 Notice To An Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions : ITEM NUMBER ONE: Responses to bidders Rn's See a:fached RFI's and responses. This modification does not change the Engineers Estimate for this project. This is to acknowiedge receipt and review ofAddendum Number one ated Nov 15, 02 • lensa i Company Name t�.By I'z 4- Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. PROJECT BID SCHEDULE South Beach, Phase Two Coastal Side of Pacific Coast Highway Between Huntington Drive and First Street CASH CONTRACT No. 1169 PROJECT BASE BID: F TAL LUMP SUM BID AMOUNT IN FIGURES: $ I01 Lt2 0000 DD0 P.9- II TOTK4L LUMP SUM BID AMOUNT IN W RDS: q 1 P,v1 rn.� 1/i �rl 5jx �►t�nd v,�� vfia PROJECT ALTERNATIVES: The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract on the basis of the project Base Bid alone. Additive Alternate No. 1 $ Lump Sum Amount in Words: 6" color concrete, 9-size A decorative pots, 9-size B decorative pots, 10 bollards, planting for pots/irrigation for pots. I Cale h unfired &- six +k) ov5an Additive Alternate No. 2 $ Lump Sum Amount in Words: Entry sign at Pacific Coast Highway at Huntington Street. 3i o oo�= 7hir & pn e A 0 U' Additive Ali No. 3 $ Lump Sum Amount in Words: Street light upgrades; sheets 1,2 & 3 53. DOO°a Fi Ff vi ree -1-ho asm of Additive Alternate No. 4 $ Lump Sum Amount in Words: First Street outlet storm drain; sheets 1,2 & 3 , 30 ()Q V— v Additive Alternate No. 5 $ Lump Sum in Words: Remove all Existing asphalt in parking and drive aisle areas and Replace with 6" full depth AC. Dollar amount for this item shall t7 p be the difference in cost as compared to the partial asphalt work Z151 0 0 0 — as stipulated in the construction drawings, i.e. saw cut and R&R AC., T patch trenches, h4irifi placement, crack sealing etc. place a (+) in front of the dollar amount to indicate additional cost or a (-) to ' indicate a cost savings for this alternative. -rivo 160ted Se - h ve Thou lAn C-3 Additive Alternate No. b $ Lump Sum Amount in Words: Flood Proofing the Lifeguard Headquarters and Educational Center Z t �O�2 Buildings ;j't -1h re e- r -rho v e Additive Alternate No. 7 $ Lump Sum Amount in Words: Provide water filled cofferdam for use at the lifeguard headquarters and educational buildings in case of flood. ba 000 °o One Aind- red 6inh+-Thousai-id C-4 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 (by percentage of the total bid) the work to be done by such subcontractor ��,n� •f N'anra ofSuhcoi*actarnndA ew y ` r A • •i • • i• w� r r a ,�, •rv� • i • i �&tke eases i � • . � c�s� sA • Y _ s i• ti • ^ wb w74 � � Yr •/ 0 001 0 AS soh Wes% 2 o Wzmc mow Crew Caybon 0 eA reN a M,6V V 1 1.570 PX PAVE Hand v y .51 � COFFER DAM LT, fliJftlam 0 25 7 FUDY Aur tot FOISN PAN VWti Z'krmty D T:60( CT By subnussion of this proposal, the Bidder cera ies 1 That he is able to and will perform the balance of all work that is not covered in the above subcontractors hsting 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-4 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 (by percentage of the total bid) the work to be done by such subcontractor Y �f� w J ffaNx �eY tld �a (� 07/ LANDSCAPE o N 7 0 ALMS Lav►ds C�hr �de�5�de 47 sT`" >. u ► 0nhwro %` SM l ran ONYLP fD o ,� & ry i ne 670 &IUD cOKG CQ46i de,-C ,+5 D INA 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 hstuig 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-4 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 (by percentage of the total bid) the work to be done by such subcontractor AIM MMM �• WW'soniity �', �� " snow�►�� If'' r a]i11►1/ NSA Oil t;U 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 funushed copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-4 �l 9 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 (by percentage of the total bid) the work to be done by such subcontractor fe 7 S 7I 17 f 17 T i77 a-777 2 I i.,� 7 -" �Lrlt -a-Lem I' ■ / / � ! / a V W , IPA 19 M" 01 "1 WITAII Me AM M MI �►, , IM%�t�I��l ARAM MOMM174IMCAR / r i.� / , '• ail v- f .1 I 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 hstmg 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds f coshed by subcontractor for this project C-4 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 (by percentage of the total bid) the work to be done by such subcontractor 77 " WO&MAI ► ��, ,�. Il'� 't ■9 — MA a M.�' A "Orlay, 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 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 (by percentage of the total bid) the work to be done by such subcontractor �RL' Y f «{o- Y f 6y wAw A 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 f coshed copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-4 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 (by percentage of the total bid) the work to be done by such subcontractor of MR V 'hart r � of��xirare Wr .da€a rm ate LamtfJV Isin # w r By submussion 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 hstnig 2 That the AGENCY will be funushed copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-4 LIST OF VENDORS All bidders are regiured to furnish the following information relative to the vendors that he/she proposes to use .Arbwo e r ? . We � + .576 ap & Dam - r 2Flood Alf la - 0 r C-5 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use aAz YQ,`� 2� C-5 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use C-5 TILIUS ' OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use $N�[iv '4F7. v } vvf ��iAN[G�?A"V �i �GFF� �{�F F1lMli`i�74V`� n ��M1/HV� � .fX�TT } { '�``�•�Vt �i. C—J NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WiTFI BID State of California ss. County of Orange WNALD E. DESJARDIN being first duly sworn deposes and says that hews SENIOR VICE PRESIDENT OF DENNIS J: A. 0 O oxSTRUCTION the party making the foregoing bid that the bid is not made in the interest CO., Inc. of or on the behalf o� 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 nC: in any manner, directly or indirectly, sought by agreement, comnurricati on, 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 an 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 thereag 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. DENNIS J. AMOROSO CONSTRUCTION CO.. INC. Name of Bidder Signature of Bidder 184 TECHNOLOGY DRIVE, SUITE 105, IRVINE CA 92618 Address of Bidder Subscribed and sworn to before me this 104'0— day of Q -� 002 NOTARY PUBLIC 0 NOTARY SEAL FwJILL A. aVM Corrvnisslon • 126VU mmol"-� Otcry Pub'1C • Oo/ Mft C0rrM ��KY.DI . C-6 1 UTILITY A GREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALII'OWNU Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as SOUTH BEACH, PHASE TWO, (nOCt) 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 in: -ruction, 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: DECE KHER 10, 2002 DMINIS J. AMOROSO CONSTRUCTION CO., INC. Contractor By VMALU-E.--VE5JA0 SENIOR VICE PRESIDENT Title C- i DISQUALIFICATION QUESTIONNAIRE f 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 disquaMed, 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 M No If the answer is yes, explain the circumstances in the space provided. NOT APPLICABLE 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 CERIMCATE Pursuant to Section 1861 of the State Labor Code, each contractor to whore 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. DFNNIS J. AMOROSO CONSTRUCTION CO.. INC. Contractor By DONALD E. DEWARD _ SENIOR VICE PRESIDENT Title Date: DECEMBER 10; 2002 C-9 BIDDER'S LWORMAMN BIDDER certifies that the following information is true and correct: DENNIS J. AMOROSO CONSTRUCTION CO., INC. Bidder Name 184 TECHNOLOGY DRIVE, SUITE 105, °s Business Address IRVINE, CA 92618 9( 49 788-0622 Telephone Number ' 646873, A & B State Contractor's License No. and Class 06-05-92 Original Date Issued 10-31-04 Expiration Date The work site was inspected by STEVE LocnN of our office on November 22 ,20 02 The following are persons, firms, and corporations having a principal interest in this proposal: DENNIS J. AMOROSO CONSTRUCTION CO., INC. BY DONALD E. DESJARDIN C-11 DENNIS J. AMOROSO CONSTRUCTION CO., INC. GENERAL CONTRACTORS MINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS OF DENNIS J. AMOROSO CONSTRUCTION CO., INC- HELD AT 5:00 PM, JULY 22, 1998 Present were the following Director: Dennis J. Amoroso The only item of business on the agenda was the designation and authorization of a certain representative of the Corporation to sign bid offers, construction contracts, prequalifications, and other legal documents for contract performance. After much discussion, the following resolution was proposed and adopted by unanimous consent of the Director present. RESOLVED THAT THE FOLLOWING REPRESENTATIVE OF DENNIS J. AMOROSO CONSTRUCTION CO., INC., IS DESIGNATED, EWOVVERED, AND AUTHORIZED TO SIGN AND EXECUTE CONTRACT BIDS, PREQUALIFICATIONS, CONSTRUCTION CONTRACTS, AND OTHER DOCUMENTS THAT REQUIRE EXECUTION FOR THE PERFORMANCE OF CONSTRUCTION CONTRACTS. Donald E. Desjardin There being no further business to come before the meeting, upon motion duly made, seconded, and unanimously adopted, the meeting was adjourned. The Director, by signing these minutes, waive notice of the time, place, and purpose of the meeting which are reflected in these minutes. Dennis J. Am' r so Date: President / Di for 70 GOLD STREET, SAN FRANCISCO. CALIFORNIA 94133-5103 (415) I88.8767 • FAX (415) 288-8757 CONTRACTORS LICENSE NO.646873 The undersigned arc 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. DENNIS J. AMOROSO CONSTRUCTION CO., I11C. '> Signature of Bidder DONALD E. DESJARDIN Printed or Typed Signature 184 TECHNOLOGY DRIVE, SUITE 105, IRVINE, CA 42618 Address of Bidder 9_ 49 288-0622 - . Telephone Number ZE Subscribed and sworn to before me this 1 C>W- day of . 20 OL . NOTARY PUBLIC j \ NOTARY SEAL v . JELL A. CHAVEZ C rnrnbdm # ICU Notary PWk - Ca krdo Orange County MfCCmrLE'q*W W142M4 C-12 lasted below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within dx past two years: 1• BURLINGAME LIBRARY,CITY OF BURLINGAME, 501 PRDMOSE RD.. BURLIHGAHE,CA 94010 Name and Address Name and Telephone No. of Project Manager: DARYL WITBECE 00 467--1190 ;9 215 655 Libra -Pro ect September 97 Contract Amount Type of Work Date Completed 2 LONG BEACH NATO b SCIENCE,LONG LEACH C014iiJ1iITY COLLEGE, 4901 E. CARSON,LONG Name and Address EUCH, CA oa Name and Telephone No. of Project MaWer. Jobe HcGovera 562 938-4692 ,.110,706,000. Structural/Renovation April 20Q Contract Amount Type of Work Date Completed 3. MCBEAN TRANSFER STATION,CITY OF SANTA CLARITA,23920 9ALANCIA, SUITE 300 ., Name and Address .SANTA CLARITA,CA Name and Telephone No. of Project Mwager: JAMES TONG (661) 255-4962 $2.345,040 Contract Amount Type of Work Date Completed BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A310 February 1970 Edition G KNOW ALL MEN BY THESE PRESENTS, that we (Here insert the full name and address or legal title of Contractor) Dennis J. Amoroso Construction Co., Inc. 184 Technology Drive, Suite 105 Irvine, California 92618 as Principal, hereinafter called the Principal, and (Here insert the full name and address or legal title of Surety) Travelers Casualty and Surety Company of America 350 California Street, Suite 2020 San Francisco, California 94104 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held Firmly bound unto (Here insert the full name and address or legal title of Owner) City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten percent of amount bid Dollars ($ 10% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has Submitted a bid for South Beach Phase Two, Contract No. 1169 (Here insert the full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid. then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this �Q�— day of. 20 oZ In the presence of. (Witness) (Witness) Dennis J. Amoroso -Construction Co.. Inc L' - )7ncip (Sea!) t By: I (� N I Donald E. DesJardin(Tifle) Sr. D resident r3velers Casualty and Susty Company of America ure ) (Seal) By: Steve Dedrickson (Title) Attorney -in -fact TRANTLERS CASUALTY AND SURETY COMPA..W OFAIMERICA . TRAVELERS CASUALTY AND SURETY COMPANY FARIMNGTON CASUALTY COMPANY Hartford, Connecticut 06I93-9061 POWER OF ATTORNEY AND CERTIT'ICATE OF AL-THORITY OF ATiOR.ti'EY(5)-LY FACT KIN OW ALL -PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SLRETY CO.NIP&NY OF AMERICA, TRAVELERS .CASLALTY AND SURETY COMPANY and FAR.MGTON CASUALTY COMP.0— , corporations duly organized under tle laws of the State of Connectcut, and bsving their principal offices in the City of Ha.*fcrd, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by tk-e presents make, constitute and appoint: K Dixon Wright, Steve Dedrickson, Stacy AL Davis, of Novato, California, their true and lawfW Attorneys) -in -Fact, with M power and authority hereby confe-,red to sign, exe_ute and acknowledge, at any plates within toe United States, the following instrtarnt(s): by his/her sole signature and act, any and all bonds, r:cognizaaces, cant r..s of indemnity, and other writings obligatory in the nature of a bend, recegnizancr, or conditional undertaking and any and all eomens incident thereto and to bind the Camp -mien, thereby as fully and to the same extent as if the same were signed by the duly authcrized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confrraed_ This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions a-e non' in full force and effect: VOTED: That the Chai.•ma, the ::elide: t, any Vice Chairman, any Executive Vice President, any S=ior Vice President, any Vice President, my Second Vice President, the Trear— -, any Assistant Treasurer, the Corporate Se-.eary or any Assistant Sem Lary may appoint Attorneys-ir•Fac, and Agents to act for and on behal-f of the company and may give such appointer such authcrity as his or her certificate of authority may press ce to sigr wit. the Company's name end seal %ith the Company's seal bonds, recogrizances, contracts of indemnity, and other varid= ablipt--^,v is the nature of a bond, re_opir.-ace, or conditional undctaicing, and any of said ohem or the Bcard of Directors at any time may remove anv s=h appointee and revoke the power gi . ea him or her. VOTED: That the Chairman, tye :eside;t, any Vice Chaff- in, arty Executive Vice PresideaL any Senior Vice President or any Vice Fes: ;.t may &Ieza me all or any part of the breicEig authority to one or more officem or ezBployees of thij Company, pmvid.-d that each such dole___= is in wri7ng and a copy thereof is filed in tke ounce of the Secretary. VOTED: That any bend, recopi7x.ce, contract of indemnity, or writing obligatory in the nature of a bond, recoQniza^ce, or cond!ticasl undertaking shall be valid end bind�ag upon the Company when (a) signed b i the President, any Vice Chaina-n, any Executive Vice Presi&--� any Senior Vice President or any Vice President, any Second Vice President, the Treasures, any Assistant Treasu.-=, the Corporate S a-y er any Assistant Secretary and duly attested- and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly exec-m ed (und_: sea?, if required) by one or more Attornc^s-in-Fad and Agents pursuant to the power prescribed in his cr h—_ certificate or eeir Catificaces ofas`crir/ or by one or r cre Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY C011IPA'r'Y OF AIVIERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARNMGTOX CASUALTY COM 'DIY, which Resolution Is nosy in full force and effect: VOTED: That the signattxe of each of the following officers: Presidax, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice Pr=:dent, nay Secretary, any Assistant Secretary, rind the real of the Company may be &Mx d bl !'...^-,.-lie W _y povti� of a=mey or to any ct-d!c :te relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attomaeys-i: a.:, fer purposes only of executing pad attesting bonds and undertakings and other v%Titngs obligatcry in the nature thereo& and any such power of a=,.--ey or certificate bearing such facsir_•e sig:tature or facsimile seal shall be va5d and binding upon the Company and any such power so exe= a :d cerif ed by such facsimile sigma acd facsimiie seal shall be valid and binding upon the Company in the fint..:re with res;ect to ad- t be -a or undmuldr:g to which it is attaches. (11-0b SLvdsrM IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 27th day of July 2001. STATE Or CON-NECTICUT ) SS. Hartford COUNTY OF -.R i r OPO ryL'IMlliy,• Allot sua, yw � � iY 4"r S pASU j,,, ARTFOE Ci77H irCBGf o� HCONN. r 7. 1482� @ W CONM. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COAfPA.NY FARMINGTON CASUALTY COMPANY By. ER _ George W. Thompson Senior Vice President On this 27th dam- of July, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say. that lit'she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Conne.-ticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full forme and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Conrimticut. Dated this to -i; day of 20 OZ., F �,,r `J NTy ANp 8 GAspL�.S< I a' tiA. ro 1 H A� NRD, o Z 1992 i i By. ALL- Kon M. Johanson Assistant Secretary, Bond r . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On - C, l0 ?=7_,_ before me, Stacy M. Davis DATE NAME. TITLE OF OFFICER - E.&.'JANE DCE `CTARY PL BL'G- personally appeared Steve Dedrickson NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), STACYM.DAVIS or the entityupon behalf of which the 0 COMIM.81238748 p 0 �..� • .40TARYPUBLIC-CALIFORNIA� person(s) acted, executed the instrument. MARI.4 COUNTY 0 ,,. COMM. EXP. OCT. 19, 2003 W,ITVESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Thcugh the data below Is not required by law, It may prove valLable to persons relying on the document and could prevent fraudulent reattachment of this tcrm. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER rl P • oT. co,eCi � ,..,x„ ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: WJN:OF PERSONS) OR ENTITYPES) Travelers Casualty and Surety Company of America DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE V-1133 3194 C1993 NATIONAL NOTARY A3SOCIATION • 8236 Remmet Ave.. P.O. Box 7184 * Canoga Parts. CA 91309.7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On 1 Z--10 -02_ , before me, , JILL A. CHAVEZ, NOTARX PUBLIC , Date Name &W Ties or OKiar (e.y_. •Jrw Doe. Notary Pudre7 personally appeared DONALD E. DESJARDIN--------- harne(s) d svwgsl Ri personally known to me C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his!herltheir authorized capacity(ies), and that by his/her/their signatures) on the instrument the persons) or JILL A. CHAVQ the entity upon behalf of which the person(s) C0111nlWon# M0714 acted, executed the instrument. • NQY Pt3 % — CcliilCrrjb Or.ge County . ESS my hand and official seal. WCo17M5qftlprt4,X Play NoWy seal Ay&*e svww a or Nou" PuWrC OPTroI' Though the information below is not required by taw. I may prove valuable to persons relying on the document and could prevent fraudulent removal and realaOment of this form to another document. Description of Attached cu ep Title or Type of Document: , Document Date: r Z— tC4'fl-Z— Number of Pages: Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: DONALD E. DMARDIN ❑ Individual o " Corporate Officer -- Tltle(s): SENIOR VICE PRESIDENT oftee e ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: DENNIS J. MOROSO CONSTRUCTION CO. INC 0 Mn - - Nary Aa.a Am- @X0 D. Son Ar., PO. Sa 2402.OW*Wrn. CA V3: -21M •.e.- tioaW raryrq Ind Na 5W7 Roads Crt 7.afw. VO 41T6 W BID DATE: TDec. 10. 2XII TI MIE 2 = QO Engineer's Estimate: S BQ oo BID LIST BIDDER'S N"E RANK' TOTAL BID AMOUNT 1. 2 c`�o $ 12, s. o�'La.Sv 3 $ 5. $ 7. $ 8. $ 9. $ 10. $ 11. $ 12. $ 13. $ 14. $ 15. $ .j CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 14, 2003 To: Ecology Construction Co., Inc. ?2019 Vanowen Street, Suite F Canoga Park, CA 91303. CALIFORNIA 92648 Enclosed please find your original bid bond issued by St. Paul Fire and Mahne insurance Company for CC No.1169 ' Connie Brockway, CMC City Clerk Enclosure: Bid Bond 0 g:/fonomplcashconVretumbidbond.doc 17oiephone, 714-536-52271 SECTION C PROPOSAL for the South Beach Phase Two Between First Street to Huntington Street (on the coastal side of Pacific Coast Highway) CASH CONTRACT No, 1169 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract a: 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. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and wilt readvertise C- I r t the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompan}ing this proposal of bid, fin in the amount of $__10!% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (PIease 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: I . r.:;0.Lf�,� , �... r . , C.2 0 PROJECT BID SCHEDULE South Beach, Phase Two Coastal Side of Pacific Coast Highway Between Huntington Drive and First Street CASH CONTRACT No. 1169 PROTECT BASE BID: Q�F TOTAL LUMP SUM BID AMOUNT IN FIGURES: TOTAL CAMP SUMID AMOUNT IN WORDS: i1AN- PRO.TI;CT ALTERNATIVES:�� The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract on the basis of the project Base Bid alone. Additive Alternate I �� Lump Sum Amountt in n Words: I lug $ 6" color concrete,'9-size A decorative pats, 9-size B decor iv�is. bollards, for for 10 planting pots/irrigation pots. Additive Alternate No. 2 �1 S Lump Sum Amount in Words: , Entry sign at Pacific Coast Highway at Huntington Street. 11�� Additive Alternate 3 l S in J Lump Sum Amount n Words: � Gv Street light upgrades; sheets 1.2 13 Additive Alternate t in 4 1. Lump Sum Amount in Words. S � ` First Street outlet storm drain; sheets 1,.. 8 3� rr j oc) Additive Alternate No. 5� Lump Sum in Won sWjiaprk,04 S L 3.fan Remove all Esistin as ha►•e ors a ar Replace with 6" full depth AC. Dollar amount for this iterr. shall be the difference in cost a, compared to the partial asphah work - as stipulated in the construction drawings, i.e. sate cut and R&R AC., T patch trenches, Mirifi placement, crack scaling etc. place a (+) in front of the dollar amount to indicate additional cost or a (-) to indicate a cost savings for this alternative. 39 07 C-3 Additive Alternate No. b d+t+l r-$4 S Lump Sum Amount in Words-7rujo Flood Proofing the Lifeguard Headquarters and Educational Center Buildings Additive Alternate No. 7 $ Lump Sum Amount in Words:C4.� Provide water filled cofferdam for use st the lifeguard��eadc�urtrs and educational buildings in case of flood. SE)SOO C4 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 (by percentage of the total bid) the work to be Cone by such subcontractor. •oof ffiork , MOXV00 M ROARMIRwr , ,Is WJ M � o �•x �. _ R WI 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. OJA SJU' ?.cat 3D( N AV-- C-5 T U`75467 C!a LIST OF VENDORS All bidders are required to furnish the folloAring information relative to the vendors that he/she proposes to use. C-6 c NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED NN ITII BID State of California ss. County of Orange y b ing first duly sworn, deposes and says that he or she is YNV" +- ftf e party making the foregoing bid that the bid is not made in the interest of, or on beh !f f, 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 coIIuded, 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 %,All 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. — 1% of Bidder 1 WN Address of Bidder Subscribed and sworn to before me this 1-W% day of - 2002. . r r :,,Y rA ,' NOTARY PUBLIC �: • cc.. r.>a - . NOTARYSE C-7 ! � S UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF IIUNTINGTON BEACII, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as SOUTH BEACH, PHASE TWO, (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. 10-wN, i •• r CortractoikS By 1 L— Titic C-8 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 tzo 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-9 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. • 00 PtAoli� I f) lifi) Contract 3 e gtD 6MO� 4A By Title C-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: cam} MA -kooa Telephone Number 106BMC9 _k _ State Contractor's License No. and Class 3 -'31- t9 -6 Original Date Issued 0b 31- ?ooq- Expiration Date & The work s'te was inspected byQi oting L n nd of our office on The following are persons, firms, and corporations having a principal interest in this proposal: ., AvQ� _ C-12 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. Signature of Bidder Printed or Typed Signature Address of Bidder (21utL�-Rn- - Telephone Number Subscribed and sworn to before me this day of 200z. NOTARY PUBLIC - : NOTARY SEAL C-13 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: Nam Address Name and Telephone No. of Project Manager: "�3 •'.3! Ca so Contract Amount Type of Work Date Completed t _ n - A 3. Name and Address v � r Name and Telephone No. of Project Manager:zt3�']3d=t o�4 1583 lopZod Contract Amount Type of % rk Date Completed Name and Telephone No. of Project Manager` 3�z %%gs4- Contract Amount Type of Work Date Completed C-14 pa TheMbul St. Paul Fire and L%farine Insurance Company $ttrCl St. Paul Guardian Insurance Company y St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance t;ndenvrlters, Inc. Fidelity and Guaranty Insurance Company Principal Office' 335 Washington Street St. Paul, Minnesom 55102 Seaboard Surety Company Principal Office: 5801 Smith Avenue DID BOND l3alfrnorc, NIar)Iand 21209 I:NOW ALI.1I EN BY THESE PRESENTS, that ECOLOGY- CONSTRUCTION, INC. of 22019 VANOWEN STREET SUITE F, CA\OGA PARK, CA 91303 as Principal, ands• PAUL FIRE AND MARINE INSURANMA MIti1`ESOTA corporation, as Surety, are held and Firmly MFANX bound unto CITY OF HUNTINGTON BEACH as Obligee, in the full and just sum of TEN PERCENT OF THE AMA OF THE BID Dollars, lawful money of the United States, 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. NVII EREAS, the said Principal is herewith submitting its p apcsil SOUTH BEACH — PHASE 2 THE CONDITION Or TIIIS OBLIGATION is such tha: V the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal con-nic', and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of vae said Principal and the amount for which the Obligee legally contracts witlt another party to perform th.e work if the latter amount be in exc.ss of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered 5th , eay of 85274 Rev. 9.2000 Printed to U.SA. DECUSER 2002 �CWOGY CONSTRU ION, INC. t�l) {Seri) Surety Company: ST. PAUL FIRE AND MARINE INSUJLVCE CO. SHAWN BLUME Attorney -in -Fact STATE OF _ COUNLTYOF CALIFORNIA SS. On a S o_ , before me, R- STAI''DLT'y RIVERSIDE PERSONALLY APPEARED SHAWN BLLW personally known to me - - to be the person( whose name(+} is/ass subscribed to the within instrument and acknowI- edged to me that heI&W,44 -executed the same in his/ h4P4' Ue*w authorized capacity4o&), and that by his/leer/ 411�ei- signatures} on the instrument the personjsl, or the entity upon behalf of which the person(r acted, executed the instrument. IM NESS my hand and official seal. Signature OPTIONAL R. STANDLEY COMM. #1263272 WARY rusuc-CAurorw A PiVERSPE C90'r r ��=' Ary Ceenm. E.'fns Jung 7, 20W This area for Of Cial Notarial Seal Though the data below Is nct required by law, it may prove valuable to persons relying on the document and could prevert fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tm.Cs) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAu.rONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: WIVE OF PERSONS) OR ENTRYpES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE :": R,%..6/94 ALL-PURPOSE ACKNOWLEDGEMENT meStftl POWER OF,%TroRtiEY �71 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Cuaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 21505 Certificate No. 1328661 KNOW ALL MIEN I3Y THESE. PRESENTS: That Seaboard Surety Company is a corporation duty organized under the laws of the State cf New York, and that St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance ComP.my is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the Slate of Wisconsin (herein collectively ralled the "Com1winies"). and that the Companies do hereby make. conslitute and appoint Michael D. Stong, Shawn Blume, Susan C. Montcon and Rosemary Standley of the City of Riverside . State California , their true and law ful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknawledgc any and all bonds, undertakings. contracts and other written instruments in the nature thereof on behalf of the Comp hies in their business of guaranteeing the fidelity of persons. guaranteeing the perf vinan:e of contracts and executing or guaranteeing bonds and undcrtakings tequirc.-i or rermilred in any actions or proceedings allowed by la%. IN' IV1'1-%SS WllERE.OF. the Companies base caused this instrument to be signed aFJ scaled this ZBih day of Seaboard Surrly Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company State of Naar) land City of Bal imore January United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters. Inc. 2000 f JJOOHN F. PHINNEY. Vi.e PresiJent THOMAS E. Hl9BREGTSF Ac%Want Snrctary On thi. 181h dry of January 20M , before me. the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibrcgise, who acknowledged themselves to be the dice President and Asistani Secretary, respectively. of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian insurance Company. St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company, anJ Fidelity and Guaranty Insurance Underwriter-.. Inc.; and that the seals affixed to the foregoing instrument arc the corporate seals of said Companies: and that they. a% such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations bJ themselves as duly authorized olliccm r-tARr�In 1� itness Whereof, I hereunto act my hand and officialseal. � My Commission expires the 13ih day of July. 2002. Af Ci1� 86203 Rev. 7-2000 Printed in U.S.A. REBECCA EASLEY ONMALA. Nv(ary Public w This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorneys) -in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Powers) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President or any Pace President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys) -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any ease, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be at binding upon the Company as if signed by an Executive Officer and scaled and attested to by the Secretary of the Company. I. Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc, 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 in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this �! ►1_ day of �`h�t lost Thomas E. Huibmgtse. Assisunr Swreuary 3 To verify the authiaticity of this Power of Attorney, tall 1.800-421-3880 and ask for the Power of Attorney clerk Please refer to the Power of Attorney number, the above -named individuals and the detaih of the bond to which the power is attache& t 4F E City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For South Beach Phase 2 CC No 1169 November 18, 2002 Notioe To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: ITEM NUMBER ONE: Addition of poured in place concrete wall detail for 7' 8' and 9' wall heights. See attachment 'A 'for new detail. ITEM NUMBER TWO: Addition of CMU wall detail for 14' wall heights. See attachment 18 "for new detail. ITEM NUMBER THREE: Sheet L-9.1 Details 'A,' 13"and "C" CMU retaining walls'to have 90% compacted subrade under footings. Detail 'DIE"indicates 195% compaction' This shall be changed to 190% Compaction" ITEM NUMBER FOUR: Sheet D-1 Item 7 "under Electrical Notes Reads Remove existing antenna tower and connections' The following shall be added. °Salvage 800 MHz antenna at existing lifeguard headquarters and re - erect entire structure in location to be determined. (final location will be within proximity of new lifeguard headquarters). Install 2" conduit from antenna to control room of lifeguard Headquarters. Contractor shall provide all necessary structural cabs and drawings for approval by the City and shall obtain all necessary permits. ITEM NUMBER FIVE: Sheet C-25 Retainingbelow the ramp shows an elevation of 21.70trw this has been deleted. See attached 6.5"xl t "'Wall Plan Sheet C-25" The wall below the ramp shall be per the added Attachment "A' detail contained within this addendum. The wall MY not have a cap or rail. The final wall height will be determined by the finish surface of the ramp aUove. 60 ITEM NUMBER SIX: Sheet B-AT1 a) Revised Note #1 under 'Responsibilities of the contractor." b) Clarification to note under "Type of construction.' c) Clarification to note under "Allowable square footage & height." d) Added Note # 21 under 'Responsibilities of the contractor." - ITEM NUMBER FORTY-EIGHT: Specification Section 08710 a) Add Pages 3, 4 and 5 to Specification Section 08710, Finish Hardware (Attached). f ITEM NUMBER FORTY-NINE: Specification Section 08800, Glazing a) It is clarified that only glazing Mth eighteen inches (18') of the finished floor or a door is to be tempered. Typical dual glazing is to be %" grey glass at exterior side and NO dear glass at interior side. All glazing at exterrorguardrails is to be %pclear tempered glass. Approved glazing manufacturers are to include Trident Consolidated, City of Industry, hlehr Glass, Pomona and California Glass Bending, Wilmington. ITEM NUMBER FIFTY: Sheet B-S3.12 a) Added Sheet B-S3.12. At this time, Detail 1 is the only Detail on Sheet B-S3.12. b) See Attached DraMng No. AD 1-061. ITEM NUMBER FIFTY-ONE: Sheets C-1 through C-27 Construction note # 3 on civil drawings shall be modified from 10" Full Depth A.C. to 6" Full Depth A.C. ITEM NUMBER FIFTY-TWO: ADDITIVE ALTERNATE #5 Additive alternate #5 has been added to the Bid Summary Sheet — See attached Bid Summary Sheet pg. C-3. This modification does not change the Engineers Estimate for this project. This is to acknowle e naceipt and review of Addendum Num o , at ovc r S, 2t}o2 Company By 1� Z Da AA bidders must acknowledge the receipt of this Addendum with your bid proposal. J Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For South Beach Phase 2 CC No 1169 November 26, 2002 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: ITEM NUMBER ONE: SHEET A-AT1 AD2-001 ✓a) Revise multiple phrases 'Kitchen" to read 'Break Room" under'Lifeguard 1-iq Bldg Data' fib) Remove duplicate -movable Sq. Footage & Height" under'Lifeguard Hq Bldg Data' ✓c) Remove `tWo Area Increase tlfecessareunderVregusrd Hq Bldg Data' [IEM NUMBER TWO: SHEET A-ATZ AD2-030 ✓ a) Revise doors 103, 119, & 121 'ratings'to read "B-Later ITEM NUMBER THREE: SHEET AAT3 A132-002 va) Revise Room Finish Schedule, room Ws 115 & 211 to read *Break Room ,lb) Remove aft data in 'Rm 215 Elevator' and add remark `see sheet A A20' ITEM NUMBER FOUR: SHEET A AT3.1 A132-003 a) Revise elevation 6 to read Break Room 115"in lieu of 'Kitchen 115" b) Add Elevation 5'Break Room 211" ITEM NVMBER FIVE: SHEET A -Al AD2-004 a) Move door 106 to swing in the direction of egress as shown. b) Add Occupant Load Sign near door no.106 c) Revise phrase `Kitchen 115"to read `Break Room 115" ITEM NUMBER SIX: SHEET AA3.1 A132-005 a) Revise phrase 'Mchen 115" to read "Break Room 115" ITEM NUMBER SEVEN: SHEET A-A4 AD2-006 a) Revise phrase "Kitchen 211 *to read "Break Room 211' ITEM NUMBER EIGHT: SHEET A-AG.1 A102-007 a) Revise phrase 'Kitchen 2110to read Break Room 21 V UM NUMBER NINE: SHEET A -All A102-008 a) On Section D-D, revise phrase "Kitchen 211 to read "Break Room 211" ITEM NUMBER TEN: SHEET A-21 AD2-009 a) Revise phrase Kitchen 115"to read "Break Room 15" ITEM NUMBER ELEVEN: SHEET A-AD2 AD2-010, AD2-011 a) Added pipe penetration Details 12 & 13 ITEM NUMBER SIXTY: Temporary Lifeguard and Jr Lifeguard Bldgs Contractor shall make all utility connections at temporary lifeguard and Jr. Lifeguard sites. ITEM NUMBER SIXTY-ONE: Sheet D-4 Item #20. Protect in place 1 (one) existing Jr. Lifeguard trailer for agency use. Agency shall verify temporary building and all items to remain. Contractor shall remove all other items. ITEM NUMBER SIXTY-TWO: Sheet E-6 Sit Plan General note #4 shall include the following. "All handholes and pull boxes in traffic areas shall have Galvanized traffic lids" ITEM NUMBER SIXTY-THREE: Sheet D-1 (The following superceeds Addendum #1 Item Number Four): Item a I " under electrical reads: "Remove existing antenna and connections" This shall be revised to read. • "Remove existing antenna tower and connections including footing. Salvage entire antenna and Deliver to site as specified by City representative" ITEM NUMBER SIXTY-FOUR: City Standard Plans It is the responsibility of the contractor to obtain all City stanadard Plans referenced within the contract. ITEM NUMBER SIXTY-FIVE: Greenbook Modification to be included in specifications Modify 2000 Greenbook Section 2-3.2 Additional Responsibility by designating as a "Specialty Item" all Buildings shown on the project plans. ITEM NUMBER SIXTY-SIX: Sheet L-10, Detail H This deatil for the single trash enclosure references a section "A" detail of the combination CMU and concrete wall. This section detail has been modified. (See attched detail SKI 9). ITEM NUMBER SIXTY-SEVEN: SPECIFICATIONS - Table of Contents, Section C and Section E A demolition section has been added to Section E General Provisions under 2-5 Plans and specifications and additive alternates #6 and #7 have been added to the Project Bid Schedule in Section C This in turn has revised page numbering for both sections. A revised Table of Contents has been issued as well as Section E — General Provisions and Section C - Proposal. (See attached Table of Contents and Sections C — Proposal and Section E — General Provisions of the specifications). ITEM NUMBER SIXTY-EIGHT: Sheet L-9.1, Details "F" , "H" and "I" The details indicate to refer to details A, B and C on Sheet L-9.1 and Detail J on Sheet L-9 for notes and additional information. All notes in the referenced details apply as called out under "Notes" as well as call outs for water proofing on retaining side of wall, drainage and guard rails when applicable per the notes. END ADDENDUM #2 This is to acknowled a receiEtrid review of Addendum Numbe o , ted Novemb , 2002 AN Company m By hmjm�Zlo 2._ Die All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. City of Huntington Beach ' Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For South Beach Phase 2 CC No 1169 December 4, 2002 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: STEM NUMBER ONE Responses to bidders RFi's See attached RF!'s and responses. This modification does not change the Engineees Estimate folthisproject. This is to acknowled1 a receip and review of Addendum �Num o dated Nove r 15, 2002 IL .J ^ Company NR66.Lu. I - - I - -- 4 1 >-O By Z pate All bidders must acknowledge the receipt of this Addendum with your bid proposal. should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. 40 Im .j, & CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIEORNIA 92648 OFFICE OF THE CITY CLERK C04NIE BROCKWAY CITY CLERK April 14.2003 To: Emma Corporation. 1318 Broadway, Suite 200 Santa Monica, CA 90404. Enclosed please find your original bid bond issued by Fidelity and Deposit Company of Nfa land for CC N0.1169 G fw'.4 Connie Brockway, CMC City Clerk Enclosure: Bid Bond gJfollomplcashconVretumbidbond.doc (Telephone: 714-536-5227) k r ip • , . SECTION C PROPOSAL for the South Beach Phase Two Between First Street to Huntington Street (on the coastal side of Pacific Coast Highway) CASH CONTRACT No. 1169 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND l,IE?�IBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees A to perform all the work therein described, and to fiimish all labor, material, equipment and incident insurance necessary therefor, in accordance %Kith 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. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not a"arded, the AGENCY will reject all bids and will readvertise t' the project. 1n the case of discrepancies in the amounts bid, unit prices shall govem over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. BID BOf�D ID610 �SoTALL- Accompanying this proposal of bid, find in the amount of FDo ftMMNT 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 Alo. Date Received Bidder's Signature oz 11 a-r oa 03 4 0 :� C-2 t r PROJECT BID SCHEDULE South Beach, Phase Two Coastal Side of Pacific Coast Highway Between Huntington Drive and First Street CASH CONTRACT No. 1169 PROJECT BASE BID: TOTAL LUMP SUM BID AMOUNT IN FIGURES: $ t 1 I OD /� 1� i TOTAL LUMP SUM BID AMOUNT IN WORDS: 1,.� u �,v c o,C I'ROJF.CI' AI TI:ItNA7'IVGS: 4- t-• a vS A.A c� The Additive Alternate Bid, Project Alternatives, below are an integral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract on the basis of the project Base Bid alone. Additive Alternate No. I ti *{, �tiaaw..�i $ Lump Sum Amount in Words: FV L+.t n A r b' color concrete, 9-size A decorative pots, 9-size B decorative pots, 00 10 bollards, planting for pots irrigation for pots. t� t Additive Alternate No. 2 "r'w�£A{Y wt,.0 rt -4tt�v �k.►el Lump Sum Amount in Words: xy�,� ti.0 nelrr. S Entry sign at Pacific Coast highway at Huntington Street. 5o6o Q Additive Alternate No. 3 $ Lump Sum Amount in Words: `itA�r�' E e`%At o0 Street light upgrades; sheets 1.2 & 3 ! 00 Additive AIternate No. 4 Lump Sum Amount in Words: S 57 0oo First Strret outlet storm drain; sheets t 2 & 3 Additive Alternate No.; S Lump Sum in Words: ♦G�n.iAtanciraa��kCus.�rd� Remove all Existing asphalt in parking and drive aisle areas and Li0` OOL-)a Replace with 6' full depth AC. Dollar amount for this item shall be the difference in cost as compared to the partial asphalt work as stipulat4d in the construction drattings, i.e. saw cut and R&-R AC., T patch trenches, MiriCt placement, crack sealing etc. place a (+) in front of the dollar amount to indicate additional cost or a (-) to indicate a cost savings for this alternative. C-3 Additive Alternate No. 6 Lump Sum Amount in Wards: Flood Proofing the Lifeguard Headquarters and Educational Center Buildings Additive Alternate No. T Lump Sum Amount in Words: Provide water filled cofferdam for use at the lifeguard headquarters and educational buildings in case of flood. C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who %Rill 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 (by percentage of the total bid) the work to be done by such subcontractor. Portion of work Name of Subcontractor and Arklress State License Nunt ber.. Class .- �? 1 A5595ToS Af3ATEMMT - Oa S 1 ate. -7100%(0 t:b 63 :7X7 Whcw),,&e,— A,!to N.►��... a cM tA, 4iX'% �+Qra o t�.►� 4c..w ft"-J a IL c.� 'S-rs 3, 51T�LMLIPF5 _V4 5Zy H c`c ctc. '11657L, E_ -JOW U ,vs w Ay Q4 C.+F t 7 v'Z. R`fgWd�Ks - �� Ati EA S, a Co l7 57 7 A It V t._ IJ t5rrn ,r M o n s 7- c %'(0 MflSDtvR�f -- i)J w� C �.,� 3�to�c,5 G ZCj t y 7 e l..4� 'i6I � tf On c 2..3caj 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-S L LIST OF SUBCONTRACTORS In accordance with Government Code Scetion 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 (by percentage of the total bid) the work to be done by such subcontractor. Portion .:.Nance of Subcontractor and Address.:° °. ; ` :..State. License :: :Wunrher : -: Class `�1 r ' I' ct. 9 I mLf - 11Lrms - Ito sr-{ C' ZZ✓� S r 9 MARS P L-fi r, 15 r 1 [.� n�-- go Aok-t Jr ftOUC�H GAfi -,� �� S 720 S5c Covtojt t4:r 519, t C5 t 4 So oz ro V E. el A- 4V14'i�KPR0�7t`t6 ""i 6m re j(-. J�S�a c17 �{ T> d773f. �t tsse.i�. Vt�J %a 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-5 4i 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 (by percentage of the total bid) the work to be done by such subcontractor. Portion Name of Subcontractor and A(hlress _ :: ° :::State License ° Number Class; litnl�7"N f {�DV� i Cy 1�Garr n `� D 1� A 7 ds�nti IASI ��urn. 6 6 - t rc .� �•. G1��,, �7 s z7—z C IiL t w /1r t � wvngroo W--rrqAa\ � > MD - G ouvk- CA c-33 . 44 �z-- oust�c q 7015 3 t 12 -7v H z G3� By submission of this proposal, the Bidder certifies I. 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-5 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 (by percentage of the total bid) the work to be done by such subcontractor. Portion: .. ante of Subcontractor arul A(1t1ress Stnrc.Liccnsc : : CIQss :. _. of IFork :::.. ; .. . :?1'uirher .:. . �C�Vr'4''fOR c ,J G t V� 10, v A 5 -[-oQ r Al 0 E�•��Tr�LS 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-5 • LIST OF SUBCONTRACTORS In accordance with Government Code Section -t 104, 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 (by percentage of the total bid) the work to be done by such subcontractor. Portio�r .of 1<I'ork ::..: o� .1�irme nfSubcoirtractor and Address °; Sratc.Liccnse :Wunlber = ::. Class �! CA Q1 1 ('_V t l A1 r '� < I'1 ��4 Csy tsss LP& dw} CIE 1 -7 L����Pr � � � �-t �t a�► — 71�t 3 Wo � .-► S � Ga � s}-2 G2.7 Ac ZnVI o-r A& 72.W l rA I CIL$ G C 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-S LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Name of Vendor Address of01rice and TelechoneNumber' Type ojMaterial or Product andModel(s) Numbers) �CKCK 731 Apt. FRE-CAgr carerTe "On.C.o G AZ 1012-SCr0 s k�zvwl�zE St6�[�6E ti. o0 4 D Pt- A A-L, e- I -A CA -A op I bou.) MStorL C-6 4J Fidelity and Deposit Company of Maryland KNOW ALL MEN BY THESE PRESENTS that we Emma Corporation as Principal, hereinafter called the Principal, and Fideliq, and Deposit Company of Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, hereinafter called Surety, are held and fumly bound unto City of Huntington Beach as Obligee, hereinafter called Obligee. in the sum of Ten Percent of the Amount of the Accompanying Bid Dollars ( AAAAAAAAALAAAI or Ten (1 D •l#) perm of the =omt bid, whichever is IM for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fumly by these presents. M7ER£AS, the Principal has submitted a bid for "South Beach, Phase Two" NOW, TIMMORE, if the Obligee s6U accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good _ and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the faihue of the Principal to enter such Contract and give such bond or bonds, if the Principal shall_ pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith eonL-act with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and er7ccL Signed and sealed this 3rd day of December , 20 U2 (witness) (Witnem) Emma Corporation ( cups[} (SM) By President EMANU L ASHARI (Title) T1IE P IT ONTANY OF MARYLAND Br Michael A. Quigley (Atto;aey-in-Fact) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On DECUIBER 3, 2002 , before me, M. TREDINNICK, NOTARY PUBLIC Data 1*" r+a TWO a ORS (O a..'4WW Do-. Nary PUbkq personally appeared _ _ HICHAEL A. QUICLEY rw *&) ar Sq-4s) M.TlReaD�Ih�'+1I2G1C30 92igrrA 5. ZisOC3_ ® personally known to me ❑ proved to me on the basis of satisfactcry evidence to be the person(§) whose name(5) isfaxa subscribed to the within Instrument and acknowledged to me that hehc0?Cexecuted the same in hislbia37t Or authorized capacity0M), and that by histb=u= signature(s) on the Instrument the person(90, or the entity upon behalf of which the person= acted, executed the instrument. WITNESS my hand and offs ' seal. plfof Nafary Seal Above SVM400 tx ►lacy OPTIONAL Though the inforn non below is not required by law. It may prove valuable to persons revng on the document and could prevent fraudulent removal and mallachment of this kvm to another document. Description of Attached Document Tale or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual roa or Mum tore ❑ Corporate Officer — Title(s): C Partner — ❑ limited ❑ General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: C 1997 kwbmal Netry At "ootw . 9250 Da Saw Ave.. P.O. Box 2402 • ClntsworA CA 01313-2402 Rua. No. 5907 Reach. Cam TcA-Fmo 14X)0.4?G- 27 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company. which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint hlichael A. Quigley, of Aliso Viejo, California, i true and la`vf4 agent and Attorney -in -Fact, to make, execute, seal aid deliver, for, and on its behalf as surety, and as ' and dee �' and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of iresents a as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been xecute cknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in th ' proper s. This power of attorney revokes that issued on behalf of Michael A. Quigley, dated February 14, The said Assistant Secretary does hereby ee a extra on the reverse side hereof is a true copy of Article Vl, Section 2, of the By -Lays of said Company, and t in force. IN WITNESS WHEREOF, the said Vsident ssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said Fk7 AN SIT COMPANY OF MARYLAND, this 30th day of October, A.D. 2001. ATTEST: Op� �� FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'wt} Ct1pj�` O • Y By L L. Goucher A3sistantSecrerary At. P. Hammond Vice President State of Maryland County of Harford 55: On this 30th day of October, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, carve M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seat the day and year first above written. TRp y� a NOTARY Patricia A. Tromt eni Notary Public My Commission Expires: October 4, 2002 POA-F 012-M26 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 3RD day of DECEMBER 2002 e�l- n�-- �ZA Assistant Secretary , I . NON COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED NN ITII BID State of California ss. County of Orange M4 UEL WHARI , being first duly sworn, deposes and says that be or she is PRt9DWF of EMMI A CMrMT" the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. -4, Zftel-zad Name of id r lkiRtiu- t YA,%MFzt r PRtrSW T tE&IMA ecxfr hT") Sienature of Bidder MS flwRTSTr— IM WrA MONICA , CA (TDW 4 Address of Bidder Subscribed and sworn to before me this day of _ , 20 NOTARY PUBLIC NOTARY SEAL C-" , i f ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF Los Angeles ) SS. On December 6. 2002 before me, George J. Simik Personally appeared Emanuel Yashari personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. GEORGE J. StMIX corrmboon # 125MM WITNESS my hand and official sea]. Noty pum - calforrra Signatur ATTENTION NOTARY: Although the Information requested below Is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type THE DOCUMENT DESCRIBED AT RIGHT. Number cf Pages Date of Document Signer(s) Other Than Named Above K[W!P'I FIO"OWY NUWA MU O/C.110P.MNC „Q•N'I WC 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 SOUTH BEACH, PHASE TWO, (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 farnMar 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: I:2 - C& Cy- tMMA CClZPOF_AT(W Contractor By C V ANV k%[P Kl Title ., , :1 C-8 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? 0 Yes X 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-9 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 evil] comply with such provisions before commencing the perforriance of the work of this contract. Date: 12.06, 0 L AMA CCKR9KA11a(q Contractor By EMA YR-5HR-RI Title pREsrpw- C- l 0 BIDDER`S INFORMATION BIDDER certifies that the following information is true and correct: F-MMA aRPOPATral Bidder Name 11)18 OROADWA`f SVITC- (VO Business Address NTA M6'NICA ( CA g0404 ( 3 (o ) 3 Qs • o7oo Telephone Number 45S;Z63 &, B, CSr C21 g Gto State Contractor's License No. and Class 6. is,Sq - - �- Original Date Issued 6. 3D- D!{- Expiration Date The work site was inspected by _M MuDUCHM Ano fk5�'RI of our office an NVVL--MbM 2R 20 02 The following are persons, firms, and corporations having a principal interest in this proposal: EM&4A Gf 1TOFA TyAl .EMANUEL 'fASHARI # VF-t f PUT MrCHArL AFKO SCCRrTFlr' T C-12 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. EMMA 401MORAT19J Company Name Signature of Bidder r % EMANU5L `(,}5HAK1 f R�VVWT Printed or Typed Signature 1313 PROPMAY 5Gr'fC_ (60 5AWA MON{CA, CA '70404 Address of Bidder ( -3i0 ) N5. 67M Telephone Number Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC NOTARY SEAL C-13 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF Los Angeles ) SS. On December 6, 2002 before me, George J. Simik . Personally appeared Emanuel Yashari personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i GEORGE J. SIMK cAxnmh*)n 012SOM WITNESS my hand and official seal. s M►prnm6ple�1�7.9�1 Signature (i+OTMY SEAL) ATTENTION NOTARY: Although the information requested below Is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. Title of Document Type Number of Pages Date of Document Signer(s) Other Than Named Above 90CUWW PW0V0o1rffR*Y MU aIGIlOtiM 64 18"A/nl Doe 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: 6-QJJ- } —y5t 57RTr- UhIv MIT`( Ntvc L6S f c,=-& CA gco3-� Name and Address Name and Telephone No. of Project Manager: MA15 aR`'A-K (56,:t) q5I. 4111 4 231 rCo t Get, CO SMVC VRs -t RVUS fT/MMoDY. JULY 2ecv Contract Amount Type of Work Date Completed 2. C17`f Cf LV5 A-K6LIE5- 600 5•nING 5T. Los AF16;! F- CA 019f� Name and Address Name and Telephone No. of Project Manager: Rr4*RP KUNk (!U) �8 .7SQ1. 5r D, g, Co XMo c0&utM,M70P L CFFA5Pk6 It'll Contract Amount Type of Work t�rV� Date Completed sir Coin+~ - Tar CUM vm[T CAIV78 WPERAX 61 93fD9 Name and Address Name and Telephone No. of Project Manager: AWMT4104 (EW)Q65 • VS81 4 T SI8 t cc rttf Gs6 KV& "C.;Zco;? Contract Amount Type of Work Date Completed C-14 12/04/2002 17:36 IL r 4 7148711188 PORK I SS ROSE RS I PAGE 82 Notice To All Bidders: City of Hunt;ngton Beach Public Works Department 20W Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For South Beach Phase 2 CC No 1169 December 4, 2002 Please note the following revision to the Project Plans, Specifications, and Technical Provisions: ITEM NUMBER ONE; Responses tob)dders RFt's See attached RF1's a.�rd responses. This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Ncmberone, dated November 15, 2002 VtitMP troll FORAWIQ Company Name BY IUL `MSHnst, FES. P.(76. oz Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questicns regarding this Addendum, please call Todd Broussard at (714) 536r5247. City of Huntington Beach Public Works Department • 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For South Beach Phase 2 CG No 1 169 November 26. 2002 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions : IT M NUMBER ONE: SHEET A-AT1 AD2-001 a) Revise multiple phrases `Kitchen"to read 'Break Room" under'Lifeguard Hq Bldg Data' b) Remove duplicate 'Allowable Sq. Footage & Height" under 'Lifeguard Hq Bldg Data' c) Remove 'No Area Increase Necessary' under'Lifeguard Hq B:dg Data' ITEM NUMBER TWO: SHEET A-AT2 AD2-030 a) Revise doors 103, 119, & 121 Yatings'to read'B-Label" ITEM NUMBER THREE: SHEET A-AT3 A102-002 a) Revise Room Finish Schedule, room #'s 115 & 211 to mead 'Break Room b) Remove all data in 'Rm 215 Elevator' and add remark 'see sheet A-A20' ITEM NUMBER FOUR: SHEET A -ATM AD2-003 a) Revise elevation 6 to read 'Break Room 115'in lieu cf "Kitchen 115" b) Add Elevation 5'Break Room 211" ITEM NUMBER FIVE: SHEET A -Al AD2-004 a) Move door 106 to swing in the direction of e7vss as shown. - b) _Add Occupant Load Sign near door no.106 . c) Revise phrase 'Kitchen 115" to read "Break Room 115" ITEM NUMBER SIX- SHEET A-A3.1 AD2-005 fa) Revise phrase "Kitchen 115" to read "Break Room 115" ITEM NUMBER SEVEN_ SHEET A-A4 AD2-006 a) Revise phrase Kitchen 211"to read 'Break Room 211' ITEM NUMBER EIGHT: SHEET A-A5.1 AD2-007 a) Revise phrase 'Kitchen 211"to read `Break Room 211" ITEM NUMBER NINE: SHEET A-A11 A132-008 a) On Section 0-0, revise phrase 'Kitchen 211 to read Break Room 211" ITEM NUMBER -TEN : SHEET A-21 AD2-009 8) Revise phrase Kitchen 115"to read 'Break Room 15" ITEM NUFABER ELEVEN: SHEET A AD2 AD2-010, AD2-011 a) Added pipe penetration Details 12 & 13 ITEM NUMBER TWELVE: SHEET A-AD4 AD2-012, A132-013 a) Revise Detail 11 b) Revise Detail 19 IJEM NUMBER THIRTEEM EFGDCONST. NOTES AD2-021 a) Revise construction note #29 from "...SS Kitchen Sink w/..."to '...SS Break Room sink w/..." ITEM NUMBER FOURTEEN: SHEET B-AT1 AD2-014 a) Revise phrase 'Kitchen" to read 'Break Room" under'Jr. Lifeguard Building Data' (2 places) ITEM NUMBER FIFTEEN: SHEET B-AT2 AD2-015 a) Revise Window Schedule, mom no. 207 to read 'Break Room"in lieu of 'Kitchen" b) Revise Room Finish Schedule, room no. 207 to read 'Break Room" in lieu of `Kitchen" c) See attached drawing no's ADi-017 9 AD1-018 ITEM NUMBER SIXTEEN: SHEET B-AT3 A02-016 a) Revise Elevation Ito read 'Break Room 207'in lieu cf "Kitchen 207" ITEM NUMBER SEVENTEEN: SHEET 8-A4 AD2-017 a) Revise phrase "Kitchen 207" to read 'Break Room 207" ITEM NUMBER EIGHTEEN: SHEET B-AGA AD2-018 a) Revise phrase Kitchen 207"to read Break Room 207" ITEM NUMBER NINETEEN: SHEET B-A10 AD2-019 a) On Section A -A, Revise phrase Kitchen 207"to read Break Room 207" ITEM NUMBER TWENTY: SHEET S-Al1 AD2-020 a) On Section D-D, Revise phrase 'Kitchen 207" to read 'Break Room 207" ITEM NUMBER TWENTY-ONE: SHEET B-Al3 AD2.022 a) On Section 1, revise phrase "Kitchen 207" to read "Break Room 207" 17EM UMBER TWENTY TVVl SHEET B-A14 AD2-023 a) On Section 2, revise phrase "Kitchen 207" to read "break Room 207" ITEM NUMBER TWENTY-THREE: SHEET B-A18 AD2-024 a) On Section 1, revise phrase "Kitchen 207" to read "Break Room 207" ITEM NUMER TWENTY-FOUR: SHEET B-AD2 AD2-025, AD2-026 a) Added pipe penetration Details 12 S 13 ITEM NUMBER TWENTY_ -FIVE: , SHEET B-AD4 A102-027, AD2-028 a) Revise Detail i t b) Revise Detail 19 ITEM NUMBER TWENTY-SIX: JRGD HO CONST. NOTES AD2-029 a) Revise construction note #29 from '...SS Kitchen Sink w/..,"b '...SS Break Room sink w/..." ITEM NUMBER TWENTY-SEVEN: SHEET A -Al AD2-031 a) Remove 1 hr fire rating from wall between Weight Room 101 & Dive Locker 102 'b) Add ihr fire rating for walls between Dive Locker 102, Water Vehicle Storage 103, it Apparatus Storage 104 ITEM NUMBER TWENTY-EIGHT, SHEET A-A2 AD2-032 a) New dimensions added for door locations C ITEM NUMBER TWENTY-NINE: SHEETA-AD2 AD2-033 a) Add new note box to detail #6 and revise title from `Typical Finestop betair to read 'Typical Fire Blocking Detail ITEM NUMBER THIRTY: SHEET A-A4 AD2-034 ail Flood control changes — ITEM NUMBER ZHIRTY QNE: SHEET B-A3.1 AD2-035 a) Add new note box B shade Food Concession 106 for 1 hrrating ITEM NUMBER THIRTY-TWO: SHEET B-A4 AD2-036 a) Move door 206 to swing in the direction of egress as shown. ITEM NUMBER THIRTY-THREE SHEET B-A6.1 AD2-037 a) Move door 206 to swing in the direction of egress as shown b) Add new note box d shade Food Concession 106 for 1 hrrating ITEM NUMBER THIRTY-FOUR: SHEET B-AD2 AD2-038 a) Add new note box to detail #6 end revise title from 'Typical Firestop Detail"to read 'Typical Fire Blocking Detail ITEM NUMBER THIRTY-FBM SHEET B-A13 AD2-034, AD2-040 a) Revise section bubble from 71BAD2 TO BM ADZ b) Remove ceiling & ceiling height dimension and add section bubble "-AD2 ITEM NUMBER THIRTY-SIX: SHEET BA14 A132-041, AD2-042 a) Add section bubble "-AD2 to both wag sections ITEM NUMBER THIRTY-SEVEN SHEET S-A16 AD2-043 a) Add section bubble "-AD2 to wall section; Surround gypsum board around 1-beams. ITEM NUMBER THIRTY-EIGHT SHEET B-A17 a) Add section bubble &B-AD2 to both wall sections ITEM NUMBER THIRTY-NINE: SHEET B AT2 a) Revise door no. 107 to Type 'Wand add remark. b) Add door elevation H' ITEM NUMBER FORTY: SHEET B Al a) Revise door 107, add personnel door b) Revise door swing 108 ITEM NUMBER FQRTY-ONE 7 SHEETT 8-A3.1 a) Revise egress flow at Wet Storage 104 AD2-044 AD2-045, A132-046 AD2-047 AD2.048 ITEM NUMBER FORTY-TWO ADDITIVE ALTERNATE #6 a) The Contractor is to insert a single, lump sum, fine Item for Additive Alternate #6 to include Rood proofing the Lifeguard Headquarters Building and the Educational Center Building on the revised Project Bid Schedule sheet. See attached Project Bid Schedule sheet wrthln Section C - Proposal pg C-3 and C-4. ADDITIVE ALTERNATE #6 AFFECTS SEVERAL 'A' AND 'B- SHEETS The Intent of Additive Alternate #£ Is to flood proof (make watertight) the habitable part of the first floor of the lifeguard Headquarters Building up to 4.2 feet above the finish floor. That is, rooms 129, Electrical Room, 105, Maintenance Storage and all rooms to the east of Grid Lines 3 and 4. The flood proofing is to include (but may not be limited to): 1. Door numbers 101, 103, 110, 111, 114, 123 and 125 are to be flood -proofed up to 4.2 feet above the finish floor elevation with compression gasket lift -out flood panels with recessed sills. Panels are to be as manufactured by Walz & Krenzer, Inc., Oxford, CT.. 203-267-5712. 2. The wall separating the habitable first floor from the garage shall be changed from 2x wood construction to 8' CMU as shown In Drawing No. AD2-034. The footing under the CMU wall Is to be as shown In Detail 4/52.3. 3_ East and south exterior walls of the building and the garage side of the wall separating the habitable first floor from the garage shall be waterproofed (under the finishes at the exterior) up to 4.2 feet above the finish floor elevation with the same Samafil waterproofing system specified at the retaining wall on the north side of the building. 4. Assume the epoxy -coated, reinforcing steel in the interior and exterior masonry wails at the perimeter of the habitable first floor is to be increased 33% over what is shown in the Drawings to a eight of 4.2 feet above the finish floor elevation. 5. Assume the width of the concrete footings at the north, east and south exterior walls of the building and the CMU wall separating the habitable first floor from the garage are to be increased 33% over what is shown in the Drawings. Assume the concrete slab under the habitable area to be incrreased to thirty (30) inches thick. The intent of Additive Alternate #6 is to flood proof (make watertight) the first Poor of the Educational Center Building up to 3. 6 feet above the finish floor. The flood proofing is to include (but may not be limited to): 1. Door numbers 101. 102, 103. 104, 105, 106, 107, 108, 109 and 110 are to be flood -proofed up to 3.8 feet above the finish floor elevation with compression gasket lift -out flood panels with recessed sills. Panels are to be as manufactured by Walz & Krenzer, Inc., Oxford, CT., 203-267-5712. 2. Exterior walls of the building shall be waterproofed under the finishes up to 3.8 feet above the finish floor elevation with the same Sarnafil waterproofing system specified at the retaining wail on the north side of the building. 3. Assume the epoxy -coated, reinforcing steel in the exterior masonry walls at the perimeter of the first floor is to be increased 33% over what is shown in the DraWirgs to a height of 3.8 feet above the finish floor elevation. 4. Assume the width of the concrete footings at the exterior walls of the building are to be Increased 33% over what is shown in the Drawings. Assume the concrete Stab for the entire building to be Increased to twenty- four (24) inches thick. Assume a 12" thick slab low in the area of the future food concession. ITEM NUMBER FORTY-THREE ADDITIVE ALTERNATE #7 a) The Contractor is to insert a single, lump sum, line item for Additive Alternate #7 to include a water filled cofferdam alternative !rood proofing for the Lifeguard headquarters Building and the Educational Center Budding on the revised Project Bid Schedule sheet. See attached Project Bid Schedule sheet within Section C - Proposal pg C-3 and C4. ADDITIVE ALTERNATE #7 AFFECTS SEVERAL "A" AND "B" SHEETS The intent of Additive Alternate #7 Is to flood proof the Lifeguard Headquarters Building by providing forwater filled cofferdams to be used in case of flood. 1. Propose to provide four hundred (400) lineal feet of water filled cofferdams, six (6) feet tall and seventeen (17) feet wide, to form two lines of dam on the south side of the building to be used In case of flood. Water filled cofferdams are to be "AquaDam" as manufactured by Water Structures Unlimited, Cartotta, California. 800-682-9283. 2. Propose to install a 5.5 horsepower, 3" trash sump pump and hose to reach from the upper parking lot to a low point in the tlatwork to the south of the building. The intent of Additive Alternate #7 is to flood proof the Educatio-lal Center Building by providing for water filled cofferdams 10 be used in case of flood. 1. Propose to provide five hundred (500) lineal feet of water filled cofferdams, six (6) feet tall and seventeen (17) feet wide, to form two lines of dam on the south side of the building to be used In case of flood. Water filled cofferdams are to be 'AquaDam- as manufactured by Water Structures Unlimited, Carlotta, California. 800-682-9283. 2. Propose to provide a 5.5 horsepower, Y trash sump pump and hose to reach from the upper parking lot to a low point in the flatwork to the south of the building. ITEM NUMBER FORTY-FOUR: SHEET B-AT1 AD2-049 8) Revise Garage data under 'Jr. Lifeguard Bldg Data ITEM NUMBER FORTY-FIVE: SPECIFICATION SECTION 09680. CARPET a) Add Specification Section 09680, CARPET. ITEM NUMBER FORTY-SIX: SPECIFICATION SECTION 02050, BUILDING DEMOLITION a) Add Specification Section 02050. BUILDING DEMOLITION. ITEM NUMBER FORTY-SEVEN: Site plan sheets E-6, E 7, E-8, and E-9 Revise General Note #5: Minimum size for all conduits (including homeruns) to site parking lot lights and walkway lights shall be 2" in lieu of 1 Yr" (Per attached SKI). ITEM NUMBER FORTY EIGHT: Sheet E-6 and E-9 New beacon per City of HB Standards / Caltrans type 1A (Per attached SK3,10). ITEM NUMBER FORTY-NINE:.Sheet E-9 Add unswitched circuit 19 for beacon light (Per attached SK9). ITEM NUMBER FIFTY: Minimum inner radius of conduit bend sha'1 be per NEC 1996 Table 346-10, no exception. Conduit run shown on site plan Is diagrammatic, form 45 degree conduit run whenever applicable to avoid two 90 degree bends (Per attached SKI). ITEM NUMBER FIFTY-ONE:Provide additional pull box for all homeruns greater than 200 feet in length whether shown on the drawings or not (Per attached SKI). ITEM NUMBER FIFTY-TWO: Sheet E-10 and E-14 LGHO and JLGHQ bldgs lighting Omit all low level exit path signs except in 1 hour rated corridors. ITEM NUMBER FIFTY-THREE: Site plan sheets E-6, E-T, E-8, and E-9 Add existing site power and telephone pull boxes to be remcved including associated conduits and cables, (Per attached SK2 through SK9 and SKI 1). ITEM NUMBER FIFTY-FOUR: Revise feeder schedule for JLGHQ Per attached SKI ITEM NUMBER FIFTY-FIVE: Add smoke detector at top of elevator hoist way (Per attached SK13,14). ITEIIt NUMBER FIFTY-SIX: Revised symbol list definition of existing conduit: "see plans for requirements" (Per attached SK15). ITEM NUMBER FIFTY-SEVEN: Revised trenching detail # 5 sheet E-19 (Per attached SK16). ITEM NUMBER FIFTY-EIGHT: Add grounding and isolation transformer on sheet E-11. (Per attached SK17). ITEM NUMBER FIFTY-NINE: Sheets E-GA, E 7A, E-SA, E-SA Delete proposed temporary lighting along bike/pedestrian trail ITI=M NUNIQER SIXTY: Temporary Lifeguard and Jr Lifeguard Bldgs Contractor shaft make all utility connections at temporary Aleguard and Jr. Lifeguard sites. [TEM NUMBER SIXTY_t N : Sheet D-4 Item 020_ PYotect in place 1 (one) existing Jr. Lifeguard trailer for agency use. Agency shall verity temporary building and all Items to remain. Contractor shall remove all other items. ITEM NUMBER SIXTY-TWO: Sheet E-6 Sit Plan General note #4 shall include the following. 'AH handholes and pull boxes in traffic areas shall have Galvanized traffic lids" ITENI NUMBER SIXTY-THREE: Sheet D-1 (The following superceeds Addendum #1 Item Number Four): Item " 1 ' under electrical reads: Remove existing antenna and connections" This shall be revised to read: Remove existing antenna tower and connections including footing. Sa.ksge entire antenna and Deliver to site as specified by City representative" ITEM NUMBER SIXTY-FOUR: City Standard Plans It is the responsibility of the contractor to obtain all City standard Plans referenced within the contract. ITEM NUMBER SIXTY-FIVE: Greenbook Modification to be included in specifications Mod.`fy 2000 Greenbook Section 2-3.2 Additional Responsibility by designating as a 'Specialty Item' all Buildings stio,�rn on the project plans. ITENI NUMBER SIXTY-SIX: Sheet L-10, Detail H 77ds deatil for the single trash enclosure references a section "A" detail of the combination CMU and concrete wa,7. 77ds section detail has been modified. (See attched detail SK19,1. ITEM NUMBER SIXTY-SEVEN: SPECIFICATIONS -Table of Contents, Section C and Section E A demolition section has been added to Section E General Provisions under 2-5 Plans and specifications and additive alternates #S and #7 have been added to the Project Bid Schedule in Section C This In turn has revised page numbering for both sections. A revised Table of Contents has been issued as well as Section E — General Provisions and Section C - Proposal. (See attached Table of Contents and Sections C — Proposal and Section E — General Provisions of the specifications). ITEM NUMBER SIXTY-EIGHT: Sheet L-9.1, Details "F" , "H" and "I" The details indicate to refer to details A, B and C on Sheet L-9.1 and Detail J on Sheet L-9 for notes and additional information. All notes in the referenced details apply as called out under Notes" as well as call outs for waterproofing on retaining side of wall, drainage and guard rails when applicaWe per the notes. This is to acknowledge receipt and review of Addendum Number one, dated November 15. 2002 MILIA COR IzA-116N Company Name Ey BAN Y 5WV1RI, F'RM Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 53&5247. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For South Beach Phase 2 CC No 1169 November 18, 2002 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: ITEM NUMBER ONE: Addition of poured in place concrete wall detail for 7' 8' and 9' wall heights. See attachment "A "for new detail. ITEM NUMBER TWO: Addition of CMU wall detail for 14' wall heights. See attachment '8 "for new detail. ITEM NUMBER THREE: Sheet L-9.1 Details "A ; '3"and 'CA' CMU retaining walls to have 90% compacted subrade under footings. Detail 'D/E"indicates 195% compaction" This shall be changed to 190% Compaction" ITEM NUMBER FOUR: Sheet D-1 Item 1 "under Electrical Notes Reads `Remove existk7g antenna tower and connections ` The following shall be added: 'Salvage 800 MHz antenna at existing lifeguard headquarters and re - erect entire structure in location to be determined. (final location will be within proximity of new lifeguard headquarters). Install 2" conduit from antenna to control room of Lifeguard Headquarters. Contractor shall provide all necessary structural talcs and drawings for approval by the City and shall obtain all necessary permits. ITEM NUMBER FIVE: Sheet C-25 Retainingbelow the ramp shows an elevation of 21.70trw. this has been deleted. See attached 8.55cl 1" "Wall Plan Sheet C-25" The wall below the ramp shall be per the added Attachment `A' detail contained within this addendum. The wall will not have a cap or rail.. The final wall height will be determined by the finish surface of the ramp above. ITEM NUMBER SIX: Sheet B-AT1 a) Revised Note #1 under "Responsibilities of the contractor." b) Clarification to note under °Type of construction." c) Clarification to note under "Allowable square footage & height." d) Added Note # 21 under "Responsibilities of the contractor." S d) Added Note # 21 under `Responsibilities of the contractor." e) Revise Sheet Index to include Sheets B-S4.1 and B-S4.2. f) See Attached Drawing Nos. AD1-001, AD1-002 and AD1-003. ITEM NUMBER SEVEN: Sheet B-AT2 - a) Revise Door No. 115 to a B Label" rating. b) Revise door type T" to indicate "breakaway panels." c) Revise finish schedule for rooms 107 & 109. d) Add Hardware Designations and clarify Thresholds. e) See Attached Drawing Nos. AD1-004, AD1-005, AD!-006, AD1-062 and ADi-063. ITEM NUMBER EIGHT: Sheet B-AS1 a) Added horizontal tie -down dimensions. Verify with civil drawings. b) See Attached Drawing Nos. AD 1-007 and AD 1-008. fTEM NUMBER NINE: Sheet B-A4 a) Re vise Door No. 213 to indicate 'break away panels. b) Indicate occupant load sign in Lecture Room, Construction Note 92. c) Provide an allowance of $ 3,000 in the base bid for the installation of kitchen equipment (i.e., range%ven, exhaust hood) and utilities in Kitchen 207. d) Remove glass side panel at Door 204. Provide typical exterior wall condition. e) See Attached Drawing Nos. AD1-009, AD1-010. ITEM NUMBER TEN: Sheet B-A6 a) Add emergency exit sign at Hallway 214. b) Indicate a "Not an exit" sign near Door No. 204. c) See Attached Drawing No. AD1-011. ITEM NUMBER ELEVEN: Sheet B-A6.1 a) Indicate occupant separation within shaded area. b) See Attached Drawing No. AD1-012. ITEM NUMBER TWELVE: Sheet B-A7 a) Added Construction Note 91 to install bird alighting/roosting deterrent continuous at the tops of all roof/fascia edges, parapet walls and mechanical screens. b) See Attached Drawing Nos. ADi-013 and AD1-014. ITEM NUMBER THIRTEEN: Sheet B-Al2 a) Revise roof bearing height at both Building Sect�ons. b) At Section 1 correct room name Yecture 206." c) See Attached Drawing No. AD1-016. ITEM NUMBER FOURTEEN: Sheet B-A16 a) Revise Section 1 to indicate double deck condition. See structural drawing for bearing heights. b) Add wall Section 4. c) See Attached Drawing Nos. AD1-017 and AD1-018. ITEM NUMBER FIFTEEN: Sheet B-AD2 a) Revise details 1 and 2 to indicate diagonal bracing. b) See Attached Drawing Nos. AD1-020 and ADt-021. ITEM NUMBER SIXTEEN: Sheet B-AD3 a) Add Detail 15. b) Revise Detail I I. c) See Attached Drawing Nos. AD1-022 and ADi-023. ITEM NUMBER SEVENTEEN: Sheet C-AT1 a) Add Note #21 under `Responsibilities of the Contractor." b) Revise Note #1 under "Responsibilities of the Contractor." c) See Attached Drawing Nos. ADi-066 and AD1-067. ITEM NUMBER EIGHTEEN: Sheet C-AT2 a) Revise Door Schedule to reflect head & jamb details on Sheet C-DI. r i i r b) See Attached Drawing No. ADt-066. ITEM NUMBER NINETEEN: Sheet C-AS1 and C-AS2 a) Added to horizontal tie down dimensions. Verify with civil drawings. b) See Attached Drawing Nos AD1-069 and ADt-070. ITEM NUMBER TWENTY: Sheet D-AT1 a) Add Note #21 under `Responsibilities of the Contractor'" b) Revise Note #1 under `Responsibilities of the Contractor" c) See Attached Drawing Nos. AD1-071 and AD1-072. ITEM NUMBER TWENTY-ONE: Sheet D-AS1 a) Added horizontal tie down dimensions. Venfy with civil drawings b) See Attached Drawing Nos. AD1-077. ITEM NUMBER TWENTY-TWO: Sheet D-Al a) Indicate slope for proper drainage to Plumbing Chase. b) Add Construction Note 28. c) See Attached Drawing Nos. ADi-073 and AD1-074. ITEM NUMBER TWENTY-THREE: Sheet E-AT1 a) Add Note #21 under "Responsibilities of the Contractor.'° b) Revise Note #1 under'Responsibilities of the Contractor." c) See Attached Drawing Nos. AD1-075 and AD1-076. - ITEM NUMBER TWENTY-FOUR: Sheet E-AS1 a) Added horizontal tie -down dimensions. Verify with civil drawings. b) See Attached Drawing No. AD1-078. ITEM NUMBER TWENTY-FIVE: Several "A" Sheets a) Added Construction Notes 87 through 92. b) See Attached Drawing No. AD1-033. ITEM NUMBER TWENTY-SIX: ' Sheet A-A4 a) Added Construction Note 91 to install bird alighting/roosting deterrent continuous at all the tops of all roof/fascia edges, parapet walls and mechanical screens. b) Add dual height plastic laminate countertops at Report Writing/Communications/Dispatch Room, 206. c) See Attached Drawing Nos. AD1-031 and AM-032. ITEM NUMBER TWENTY-SEVEN-.. Sheet A-A7 a) Added Construction Note 91 to install bird alighting/roosting deterrent continuous at all the tops of all roof/fascia edges, parapet walls and mechanical screens. b) See Attached Drawing Nos. AD1-034 and AD1-035. ITEM NUMBER TWENTY-EIGHT: Sheet A-A9 a) Added Construction Note 19 at left side of West Elevation to clarify location of stacked stone veneer. b) See Attached Drawing No. AD1-036. ITEM NUMBER TWENTY-NINE: Sheet A-A'19 a) Clarified Wall Section 2, location of Grid Lines and added structure to Section. b) See Attached Drawing No. AD1-037. ITEM NUMBER THIRTY: Sheet B-A9 a) Remove glazing near Grid line "D"at West Elevation. b) See Attached Drawing No. AD1-024. ITEM NUMBER THIRTY-ONE: Sheet A-A3 a) Revise ceiling at Rooms 103, 105, 115 and 129. b) See Attached Drawing Nos. AD1-038 and AD1-039. ITEM NUMBER THIRTY-TWO: Sheet A-A4 a) Revise Door No. 222 to indicate `breakaway panels." b) Add Construction Note 90 applicable to Door No. 222. c) See Attached Drawing No. AD1-031. 0 R- ITEM NUMBER THIRTY-THREE: Sheet A AD2 a) Revise Detail 1 to indicate diagonal bracing. See Attached Drawing No. AD1-040. b) Revise Detail 3 to indicate diagonal bracing. See Attached Drawing No. AD1-041. ITEM NUMBER THIRTY-FOUR: Sheet A-AD3 a) Add Detail 15. See Attached Drawing No. ADi-043. b) Revise Detail 11. See Attached Drawing No. AD1-042. ITEM NUMBER THIRTY-FIVE: Sheet A-AT1 a) Revise Sheet Index to include A-S4.1 and A-S4.2. b) Add Construction Note 21 under 'Responsibilities of the Contractor." c) See Attached Drawing Nos. AD1-044 and AD1-045. ITEM NUMBER THIRTY-SIX: Sheet A-AT2 a) Revise Door Type 'D" to indicate 'breakaway panels." b) Add Hardware Designations and clarify Thresholds. c) See Attached Drawing No. AD7-046, AD1-064 and AD1-065 ITEM NUMBER THIRTY-SEVEN: Sheet A-AT3 a) Revise Finish Schedule for Rooms 105, 106, 107, 109, 111, 113, and 116. b) See Attached Drawing No. AD1-026. ITEM NUMBER THIRTY-EIGHT: Sheet A-AT3.1 a) Revise interior elevation 4. b) Add Construction Notes 87, 88 and 89 applicable to interior elevation 4. c) See Attached Drawing No. ADi-027. ITEM NUMBER THIRTY-NINE: Sheet A-AS1 a) Added horizontal tie down dimensions. Verify with civil drawings. b) See Attached Drawing Nos. AD1-028, ADi-029 andADt-030. 4 ' ITEM NUMBER FORTY: Sheet B-A14 a) Revised glazing configuration at Lecture Room wall at Section 1. b) See Attached Drawing, No. AD 1-019. ITEM NUMBER FORTY-ONE: Several "B" Sheets a) Added Construction Notes 87 through 92. b) See Attached Drawing No. AS1-025. ITEM NUMBER FORTY-TWO: Sheet A-S2.1 a) Revised extent of retaining wall at Northeast and Northwest corners of buildings. b) Revised Grid to Grid dimensions. c) See Attached Drawing Nos. AD1-047 and AD1-048. ITEM NUMBER FORTY-THREE: a) Added Sheets A-S4.1, A-S4.2, B-S4.1 and B-S4.2. ITEM NUMBER FORTY-FOUR: Sheet A-S3.16 a) Added Details 3, 4, 5, 6, 7, 8 and 9. b) See Attached Drawing Nos. AD 1-049, AD 1-050, AD 1-051, AD 1-052, AD 1-053, AD 1-054, AD 1-055. ITEM NUMBER FORTY-FIVE: Sheet B-S3.2 a) Clarified the roof above the stairwell. Revised Detail callout to 1/S3.12. b) See Attached Drawing No. AD1-060. ITEM NUMBER FORTY-SIX: Sheet B-S3.11 a) Added Details 5, 6, 7 and 8. • ► , b) See Attached Drawing Nos. AD 1-056, AD 1-057, AD 1-058 and AD 1-059. ITEM NUMBER FORTY-SEVEN: Specification Section 10290 a) Add Specification Section 10290, Bird Alighting and Roosting Deterrent (Attached). ITEM NUMBER FORTY-EIGHT: Specification Section 08710 a) Add Pages 3, 4 and 5 to Specification Section 08710, Finish Hardware (Attached). ITEM NUMBER FORTY-NINE: Specification Section 08800, Glazing a) It is clarified that only glazing with eighteen inches (18') of the finished floor or a door is to be tempered. Typical dual glazing is to be %" grey glass at exterior side and W clear glass at interior side. All glazing at exterior guardrails is to be 'W clear tempered glass. Approved glazing manufacturers are to include Trident Consolidated, City of Industry, Hehr Glass, Pomona and California Glass Bending, Mmington. ITEM NUMBER FIFTY: Sheet B-S3.12 a) Added Sheet B-S3.12. At this time, Detail 1 is the only Detail on Sheet B-S3.12. b) See Attached Drawing No. AD1-061. ITEM NUMBER FIFTY-ONE: Sheets C-1 through C-27 Construction note # 3 on civil drawings shall be modified from 10" Full Depth A. C. to 6" Full Depth A. C. ITEM NUMBER FIFTY-TWO: ADDITIVE ALTERNATE #5 Additive altemate #5 has been added to the Bid Summary Sheet — See attached Bid Summary Sheet pg. C-3. This modification does not change the Engineees Estimate for this project. This Is to acknowledge receipt and review of Addendum Number one, dated November 15, 2002 PMMA CORPDt ATteN Company Name By RSHF�Rt ES. lz:o6.aZ Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. ac 40 �.! .j "Ie CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 14, 2003 To: Valley Crest Landscape Development, Inc. 1920S. Yale Street Santa Ana, CA 92704. Enclosed please find your original bid bond issued by American International Company for CC No.1169 r � v Connie Brockway, CIVIC City Clerk Enclosure: Bid Bond g:/followup/cashcont/retumbidbond.doc I Tnln..l,.,.,n. 71 n_C 4Rf.'J771 SECTION C PROPOSAL for the South Beach Phase Two Between ' First Street to Huntington Street (on the coastal side of Pacific Coast Highway) CASH CONTRACT No. 1169 in the CITY OF HUNTiNGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH. - In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose ofcomparing 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 C-1 4;; ;' the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Bidders Accompanying this proposal of bid, find Bond in the amount of S 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda AV ... ate'Received i :rs i a re ::::.. :.:= :° ... Sn.. m 1 11/18/02 IAI 11 26 02 3 Z 04aL C_2 VALLEY CREST LANDSCAPE DEVELOPMENT C, r CERTIFICATE OF RESOLUTION 1, WILLIAM N. COHEN. the Secretary of VALLEYCREST LANDSCAPE DEVELOPMENT, INC., a California corporation, do hereby certify that on June 27, 2002, the following resolutions were adopted by unanimous consent of the Directors of VALLEYCREST LANDSCAPE DEVELOPMENT, INC., in act: rdance with Article It, Section 13 of the By -Laws of the Corporation: RESOLVED, that the Board of Directors have authorized and they do hereby authorise Burton S. Sperber, Christina Briggs, Sean Brosnan, Richard P. Bruttig, John T. Cable, Don Caron, Tim Carpenter, William N. Cchen, Jeffrey A. Colton, Stanley A Colton, Thomas C. Donnelly, Kelly F. Duke, Anthony Garruto, Vincent S. Gennann, Stewart L Hanson, Dan Harper, Michael W. Harris, Peter Hunn, Andy Johnson, Steve Kinslow, Neville A Laatsch, Matilde Lavenant. William A Leathers, Jeff Lennon, John Lohman, Patrick Luzier, Andrew J. Mandell, Ed Mauser-Claassen, Brendan McFadden, John Mitten, Greg K: Matschenbacher, Kevin Nowelf, Kevin O'Keefe, Gary Outlaw, Lillian Pinkus, -Randy A Printz, George W. Reber, William Rapp, Eileen Saldivar, Dan Sauerwein, Barry Schneider, Julianne Seeley, Steve J. Sock, RichardA. Sperber, Stuart J. Sperber, Brian F. Storm, Kenneth Thompson, Randy Thuente. J. Wickham Zimmerman, or any of them to execute and deliver in the name of and for and on behalf of this Corporation, any and all bids, bid bonds, contracts, contract bonds, and authorizations pertaining to contracts, liens and releases; FURTHER RESOLVED, that the Board of Directors have authorized and they do hereby authorize Jean Creeger. Diane Eveland, Maria Guillen, Gary Hoopengardner,' Michele Irene, Cindy James, Barbara Jimenez, Gayla Kalvelage, SanCy Kayser, Karen Key, Mel..ssa Krantz, Matilde Lavenant, Colleen McKenzie, Chris Ransom, Eileen Saldivar, Irene Seatter, Sherry Silvers, Josephine Snellings, Laura Swinger, Cindy van Oudheusden, or any of them, to execute and deliver in the name of and for and on behalf of this Corporation, billings and releases; FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Corporation is hereby authorized and directed to execute a Certificate of the Secretary certifying to the passage of these resolutions; FURTHER RESOLVED, that any and all firms, persons, corporaticns and other entities, including, without limiting effect, pubic entities, shall be entitled to rely on the auLhority of any one of the foregoing persons to bind this corporation by the execution and the delivery of any such bids, bid bonds, contracts, contract bonds, and authori=ations pertaining to contracts, liens and releases; FURTHER RESOLVED, that the authority herein contained, shall remain in effect until the persons, firm, corporation or other entity relying upon the authority herein contained receive written notice to the contrary and that all previous aut` erizations heretofore given with respect to the matters herein contained are revoked; provided, however, that this revocation shall not affect the validity of any instrument hereinabove referred to that was executed by any person or persons wh:ol the time of such execution was duty authorized to act. f DATED: October 1, 2CO2 Secretary N. COHEN PROJECT BID SCHEDULE South Beach, Phase Two Coastal Side of Pacific Coast Highway Between Huntington Drive and First Street CASH CONTRACT No. 1169 PROJECT BASE BID: ,k -I TOTAL LUMP SUM BID AMOUNT IN FIGURES: 5 / TOTAL LUMP SUM BID AMOUNT IN WORDS: PROJECTALTZ;MNATIVES: Jam/ �/ cFy The Additive Alternate Bid, Project Alternatives, below are an int6oral part of this proposal, and to be responsive, the bidder shall quote a price for each Additive Alternate identified/listed below. The City shall award the contract on the basis of the project Base Bid alone. Additive Alternate No. I S Lump Sum Amount in Words: 6' color concrete, 9-siza A decorative pots, 9-size B deconuive pots, 10 bollards, planting for pots/irrigation for pots. l OO� �• I L 6*"'jesh l�lDtJ�+�.n� F'V Additive Alternate No. 2 Lump Sum Amount in Words: S ;z C! f Entry sign at Pacific Coast Hig' way at Huntington Street y Fµe. Doll�S o Additive Alternate No. 3 Lump Sum Amount in Words: Street light upgrades; a'teets !,'_ & 3 S 30 O0a / Additive Alternate No. 4 Lump Sum Amount in Words: First Street outlet storm drain; sheets 1,2 & 3 3 a-)j1 Del a �-+ Tel? f%p•� ^— k Additive Alternate No. 5 Lump Sum in Wordy: S rl {' Remove all Existing asphalt in parking and drive aisle areas and Replace with 6" full depth AC. Dollar amount for this itt.n shall be the difference in cost as compared to the partial asphalt work as stipulated in the construction drawings, i.e. saw cut and R&R AC., T patch trenches. Nlirifi placement. crack sealing etc:. place a (+) in front of the dollar amount to indicate additional cost or a (-) to indicat: a cost savings for this alternative. C 3 VALLEY CREST LANDSCAPE DEVELOPMENT 0 Additive Alternate No. G Lump Sum Amount in Words: Flood Proofing the Lifeguard Headquarters and Educational Center Buildings Additive Alternate No. 7 Lump Sum Amount in Words: Provide water filled cofferdam for use at the lifeguard headquarters and educational buildings in case of flood. s PL5V o dZ] wD a lice C-4 VALLEY CREST LANDSCAPE.DEVELOFMENT 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 (by percentage of the total bid) the work to be done by such subcontractor. Portion . :, ::: of_.Wori~ .:. :..: Annie afSubcoritrnctar [tn�l rlrlrlress :'_ .. :..__.. ;..:..... ..:..... :::: Strife License . °:.° Class 44ti C74 . 5-6 PG 7 rQ C � 1 ;1 1 s '? 5 A_ -C -1 a•� — u4ecc�. 7 352-s-V • S r�.s� 4 �r' f �.c...f -- C.a...o- �' 3 Strt E. - 3 r Fc Sum -f- uw C74. srr %C4. 5 "7P,. Ar 4 Cry. -7 Fsn C 1 • �. rot.J +4e�f 3t� �-S�t�,r G3 C - 3 113 5fA 02 A3 10.1 -q 5: FE rr 130c-ml 6 FrvlC - Cam/ /�L�-�.-� Q�C, C - By submission of this proposal, the Bidder certifies: I . 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-5 VALLEY CREST LANDSCAPE DEVELOPMENT 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 (by percentage of the total bid) the work'to be done by such subcontractor. Portion ltirrme o Scibcontractar.ctndAclrlress :: Strit�.Lrcense.:" :Class .::, :.. ..: f .F -(°a) - ........ 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. n t ❑AT.iry rPrcT•1.AVnr%r:AP7 1)7.VFi114MV%ZT .y LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. `Name of Vendor :.: :.. AddressoJ'011ice'and TeleahonecN�umber Type -mo . areria . or ro utr ; TandModel(s) huinberfsl - - v- & boo-?-'[ t 3 qua - 2C6 � C %'♦G� 5 Lot, c � z LL Q, "M-1 -7A7 12-,r r-,AS 5Da C-b VALLEY CREST LANDSCAPE DEVELOPMENT NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss, County of Orange Greg Motsrhep h.a , be'In 5rst dul sworn, deposes and says that he or she is vice President of valley res Lank%%a�art n a�:tini4erforegoing 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 Use or sham bid, and has not directly or indirectly colluded, conspired, connived, or a --reed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Valley Crest Landscape Development Narr.e of Bidder Sigh tur of Bidder 1920 S. Yale Street, Santa Ana, CA. 92704 Address of Bidder Subscribed and sworn to before me this 6tiz day of 'December , 20 02 l �NOTARY PUBLIC Aileen M. SaZdivar i , 4 f! _VaG� NOTARY SEAL EILEEN M. 5ALMAR Commission t 1329791 z y Notary public - Calftmia f. Orange County My Comm. Ea�� Nov 1�, 2006 VALLEY CREST LANDSCAPE DEVELOPMENT C-7 S UTILITY AGREEIIENT HONORABLE MAYOR AND CITY COUtiCIL CITE` OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as SOUTH BEACH, PHASE TWO, (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 mzy 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: 12/20/02 Valley Crest Landscape Development Contractor By Greg Motschenbacher. Vice President Title C_S VALLEY CREST LANDSCAPE DEVELOPMENT DISQUALIFICATION QUESTIOINNAIRE 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? 0 Yes 9 No If the answer is yes, explain the circumstances in the space provided. TOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C_9 VALLEY CREST LANDSCAPE DEVELOPMENT C011PENSATION 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: 12/10/02 --Valley Crest -Landscape Development Contractor By Greg Motschenbacher, Vice President Title C-10 VALLEY CREST LANDSCAPE DEVELOPMENT f �l UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 421614217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4I33 a minimum of two working days before scheduled excavation. Mg Alert Mentification Number: Contractor IM Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work,. Additional forms may be obtained from the AGENCY upon request. C-11 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Valley Crest Landscape Development_ Bidder Name 1920 S. Yale Street Business Address Santa Ana, CA. 92704 7( 14 ^)546-7975 Telephone Number 133947 B C27 A C31_ HIC State Contractor's License No. and Class 10/23/1952 Original Date Issued 03/31/2004 Expiration Date The work site was inspected by Ben Gill of our office on November 22 , 2002 The following are persons, firms, and corporations having a principal interest in this proposal: Tom Donnelly,.President William Cohen, Secretary Anthony Garruto, C.F.O. Gres Motschenbacher, V.P., Branch Mgr. C-12 VALLEY CREST LANDSCAPE DEVELOPMENT 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. Valley Crest Landscape Development Company Name i of Bidder Greg Motschenbacher, Vice President Printed or Typed Signature 1920 S. Ya1Q Street. Santa Ana, CA. 92704 Address of Bidder ( 714 ) 546-7975 Telephone Number Subscribed and sworn to before me this NOTARY PUBLIC 6th day of December , 2002 Eileen M. Saldivar NOTARY SEAL EILEEN M. MDNAR _ Commisaion f IV9797 Notary Public - California y oranps County WCorrmEx; C->; VALLEY CREST LANDSCAPE DEVELOPMENT 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: I 2. 3. City of Huntington Beach 5outh.Beach - Phase One Name and Address Name and Telephone No. of Project Manager: Mike Heiman (714 546-7626 5.&-Million Site Development .. 12/2002 Contract Amount Type of Work Date Completed City of Huntington Beach Central Park Name and Address Name and Telephone No. of Project Manager: Mike Helma Y (714 ) 596-7626 14.8 Hillion Park site Development In Process Contract Amount Type of Work Date Completed University of California, Irvine UCI Anteater Fields Name and Address Name and Telephone No. of Project Manager:Bob Fritch (949)824-6630 5.8 Million Ballfield Construction May 2002 Contract Amount Type of Work Date Completed C-l4 :.. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431 , Fax (714) 374-1573 ADDENDUM NUMBER ONE For South Beach Phase 2 CC No 1169 November 18, 2002 Notice To All Bidders: Please note the following revision to the Project Plans, Specifeations, and Technical Provisions: ITEM NUMBER ONE: Addition of poured in place concrete wall detail for 7' 8' and 9' wall heights. See attachment 'A "for new detail. ITEM NUMBER TWO: Addition of CMU wall detail for 14' wall heights. See attachment `8 "for new detail. ITEM NUMBER THREE: Sheet L-9.1 Details `A , `S"and `C" CMU retaining walls to have 90% compacted subrade under footings. Detail 't7/E"indicates 195% compaction " This sha'1 be changed to 190% Compaction' ITEM NUMBER FOUR: Sheet D-1 Item 1 "under Electrical Notes Reads 'Remove existing antenna tower and connections" The foflm%ring shalt be added. *Salvage 800 MHz antenna at existing lifeguard headquarters and re - erect entire structure in location to be determined. (final location will be within proximity of new lifeguard headquarters). Install 2" conduit from antenna to control room of Lifeguard Headquarters. Contractor shall provide all necessary structural calcs and drawings for approval by the City and shall obtain a# necessary permits. ITEM NUMBER FIVE: Sheet C-25 Retainingbelow the ramp shows an elevation of 21.70trw. this has been deleted. See attached 8.5'5ci 1"Wall Plan Sheet C-25" The wall below the ramp shall be per the added Attachment `A" detail contained within this addendum. The wall will not have a cap or rail. The final wall height will be determined by the finish surface of the ramp above. ITEM NUMBER SIX: Sheet B-AT1 a) Revised Note #1 under "Responsibilities of the contractor." b) Clarification to note under "Type of construction." c) Clarification to note under "Allowable square footage & height." d) Added Note # 21 under 'Responsibilities of the contractor." d) Added Note # 21 under "Responsibilities of the contractor." e) Revise Sheet Index to include Sheets B-S4.1 and B-S4.2. 0 See Attached Drawing Nos. AD1-001, AD1-002 and AD1-003. ITEM NUMBER SEVEN: Sheet B-AT2 a) Revise Door No. 115 to a 'B Laber rating. b) Revise door type 'D" to indicate 'breakaway panels." c) Revise finish schedule for rooms 107 & 109. d) Add Hardware Designations and clarify Thresholds. e) See Attached Drawing Nos. AD1-004, ADi-005, AD1-006, AD1-062 and AD1-063. ITEM NUMBER EIGHT: Sheet B-AS1 a) Added horizontal tie -down dimensions. Verify with civil drawings. b) See Attached Drawing Nos. ADi-007 and AD1-008. ITEM NUMBER NINE: Sheet B-A4 a) Revise Door No. 213 to indicate "break away panels." b) Indicate occupant load sign in Lecture Room, Construction Note 92. c) Provide an allowance of $ 3,000 in the base bid for the installation of kitchen equipment (i.e., range%ven, exhaust hood) and utilities in Kitchen 207. d) Remove glass side panel at Door 204. Provide typical exterior wall condition. e) See Attached Drawing Nos. A01-009, AD1-010. ITEM NUMBER TEN: Sheet B-A6 a) Add emergency exit sign at Hallway 214. b) Indicate a 'Not an exit" sign near Door No. 204. c) See Attached Drawing No. AD1-011. ITEM NUMBER ELEVEN: Sheet B-AGA a) Indicate occupant separation within shaded area. 5) See Attached Drawing No. AD1-012. ITEM NUMBER TWELVE: Sheet B-A7 a) Added Construction Note 91 to install bird alight�ng/roosting deterrent continuous at the tops of all rooblascia edges, parapet walls and mechanical screens. b) See Attached Drawing Nos. AD1-013 and AD1-014. ITEM NUMBER THIRTEEN- Sheet B-Al2 a) Revise roof bearing height at both Building Sect'ons. b) At Section 1 correct room name 'Lecture 206. ` c) See Attached Drawing No. AD1-016. ITEM NUMBER FOURTEEN: Sheet B-A16 a) Revise Section 1 to ind�cate double deck condition. See structural drawing for bearing heights. b) Add wall Section 4. c) See Attached Drawing Nos. AD1-017 and AD1-01 B. ITEM NUMBER FIFTEEN- Sheet B-AD2 a) Revise details 1 and 2 to indicate diagonal bracing. b) See Attached Drawing Nos. ADl-020 and AD1-021. ITEM NUMBER SIXTEEN: Sheet B-AD3 a) Add Detail 15 b) Revise Detail 11. c) See Attached Drawing Nos. AD1-022 and AD1-023. ITEM NUMBER SEVENTEEN: Sheet C ATI a) Add Note #21 under `Responsibilities of the Contractor." b) Revise Note #1 under `Responsibilities of the Contractor." c) See Attached Drawing Nos. AD1-066 and AD1-067. ITEM NUMBER EIGHTEEN; Sheet C-AT2 a) Revise Door Schedule to reflect head & jamb details on Sheet C-Di. } b) See Attached Drawing No. AD1-068. ITEM NUMBER NINETEEN: Sheet C-AS1 and C-AS2 a) Added to horizontal tie down dimensions. Verify with civil drawings. b) See Attached Drawing Nos. AD1-069 and AD1-070. ITEM NUMBER TWENTY: Sheet D-AT1 a) Add Note #21 under 'Responsibilities of the Contractor." b) Revise Note #1 under 'Responsibilities of the Contractor." c) See Attached Drawing Nos. ADi-071 and AD1-072. ITEM NUMBER TWENTY-ONE: Sheet D-AS'I a) Added horizontal tie down dimensions. Verify wkh civil drawings. bj See Attached Drawing Nos. AD1-077. ITEM NUMBER TWENTY-TWO: Sheet D-Al a) Indicate slope for proper drainage to Plumbing Chase. b) Add Construction Note 28. cj See Attached Drawing Nos. AD1-073 and AD1-074. ITEM NUMBER TWENTY-THREE: Sheet E-AT1 a) Add Note #21 under 'Responsibilities of the Contractor." b) Revise Note # 1 under "Responsibilities of the Contractor." c) See Attached Drawing Nos. ADl-075 and AD1-076. ITEM NUMBER TWENTY-FOUR: Sheet E-AS'I a) Added horizontal tie -down dimensions. Verify ►rrith civil drawings. b) See Attached Drawing No. AD1-078. ITEM NUMBER TWENTY-FIVE: Several "A" Sheets a) Added Construction Notes 87 through 92. b) See Attached Drawing No. AD1-033. ITEM NUMBER TWENTY-SIX: Sheet A-A4 a) Added Construction Note 91 to install bird alighting/roosting deterrent continuous at aff the tops of all roofifascia edges, parapet walls and mechanical screens. b) Add dual height plastic laminate countertops at Report Writing/ CommunicationsOispatch Room, 206. c) See Attached Drawing Nos. ADi-031 and AD1-032. ITEM NUMBER TWENTY-SEVEN: Sheet A-A7 a) Added Construction Note 91 to install bird alighting/roosting deterrent continuous at all the tops of all roof/fascia edges, parapet walls and mechanical screens. b) See Attached Drawing Nos. ADi-034 and AD1-035. ITEM NUMBER TWENTY-EIGHT: Sheet A-A9 a) Added Construction Nose 19 at left side of West Elevation to clarify location of stacked stone veneer. b) See Attached Drawing No. AD1-036. ITEM NUMBER TWENTY-NINE: Sheet A-AZ9 a) Clarified Wall Section 2, location of Grid lines and added structure to Section. b) See Attached Drawing No. AD1-037. ITEM NUMBER THIRTY: Sheet B-A9 a) Remove glazing near Grid Line "D" at West Elevation. b) See Attached Drawing No. AD1-024. ITEM NUMBER THIRTY-ONE: Sheet A-A3 a) Revise ceiling at Rooms 103, 105, 115 and 129. b) See Attached Drawing Nos. AD1-038 andAD1-039. ITEM NUMBER THIRTY-TWO: Sheet A-A4 a) Revise Door No. 222 to indicate "breakaway par, els." b) Add Construction Note 90 applicable to Door No. 222. c) See Attached Drawing No. AD1-031. ITEM NUMBER THIRTY-THREE. Sheet A-AD2 a) Revise Detail 1 to indicate diagonal bracing. See Attached Drawing No. ADi-040. b) Revise Detail 3 to indicate diagonal bracing. See Attached Drawing No. AD1-041. ITEM NUMBER THIRTY-FOUR: Sheet A-AD3 a) Add Detail 15. See Attached Drawing No. AD1-043. b) Revise Detail 11. See Attached Drawing No. A01-042. ITEM NUMBER THIRTY-FIVE: Sheet A-AT1 a) Revise Sheet Index to include A-S4.1 and A-S4.2. b) Add Construction Note 21 under "Responsibilities of the Contractor." c) See Attached Drawing Nos. AD1-044 and AD1-045. ITEM NUMBER THIRTY-SIX: Sheet A-AT2 a) Revise Door Type "D"to indicate "breakaway panels." b) Add Hardware Designations and clarify Thresholds. c) See Attached Drawing No. AD1-046, ADi-064 and AD1-065. ITEM NUMBER THIRTY-SEVEN: Sheet A-AT3 a) Revise Finish Schedule for Rooms 105, 106, 107, 109, 111, 113, and 116. b) See Attached Drawing No. AD1-026. ITEM NUMBER THIRTY-EIGHT: Sheet A-AT3.1 a) Revise interior elevation 4. b) Add Construction Notes 87, 88 and 89 applicable to interior elevation 4. c) See Attached Drawing No. AD1-027. ITEM NUMBER THIRTY-NINE: Sheet A-AS1 a) Added horizontal tie down dimensions. Verify with civil drawings. b) See Attached Drawing Nos. AD1-028, AD1-029 and AD1-030. ITEM NUMBER FORTY: Sheet B-A14 a) Revised glazing configuration at Lecture Room wall at Section 1. b) See Attached Drawing No. ADi-019. ITEM NUMBER FORTY-ONE: Several "B" Sheets a) Added Construction Notes 87 through 92. b) See Attached Drawing No. AS1-025. ITEM NUMBER FORTY-TWO: Sheet A-S2.1 a) Revised extent of retaining wall at Northeast and Northwest comers of buildings. b) Revised Grid to Grid dimensions. c) See Attached Drawing Nos. AD1-047 and AD1-046. ITEM NUMBER FORTY-THREE: a) Added Sheets A-S4.1, A-S4.2, B-S4.1 and B-S4.2. ITEM NUMBER FORTY-FOUR: Sheet A-S3.16 a) Added Details 3, 4, 5, 6, 7, 8 and 9. b) See Attached Drawing Nos. AD1-049, ADi-050, AD1-051, AD1-052, AD1-053, AD1-054, AD1-055. ITEM NUMBER FORTY-FIVE: Sheet B-S3.2 a) Clarified the roof above the stairwell. Revised Detail callout to 1/S3.12. b) See Attached Drawing No. API-060. ITEM NUMBER FORTY-SIX: Sheet 13-S3.11 a) Added Details 5, 6, 7 and 8. b) See Attached Drawing Nos. AD1-056, AD1-057, AD1-058 andAD1-059. ITEM NUMBER FORTY-SEVEN: Specification Section 10290 a) Add Specification Section 10290, Bird Alighting and Roosting Deterrent (Attached). ITEM NUMBER FORTY-EIGHT: Specification Section 08710 a) Add Pages 3, 4 and 5 to Specification Section 03710, Finish Hardware (Attached). ITEM NUMBER FORTY-NINE: Specification Section 08800, Glazing a) It is clarified that only glazing with eighteen inches (I F) of the finished floor or a door is to be tempered. Typical dual glazing is to be /." grey glass at exterior side and '" clear glass at interior side. All glazing at exterior guardrails is to be Xv clear tempered glass. Approved glazing manufacturers are to include Trident Consolidated, City of Industry, Hehr Glass, Pomona and California Glass Bending, lilming'on. ITEM NUMBER FIFTY: Sheet B-S3.12 a) Added Sheet B-S3.12. At this time, Detail 1 is the only Detail on Sheet B-S3.12. b) See Attached Drawing No. AD 1-061. ITEM NUMBER FIFTY-ONE: Sheets C-1 through C-27 Construction note # 3 on civil drawings shall be modified from 10" Full Depth A. C. to 6" Full Depth A. C. ITEM NUMBER FIFTY-TWO: ADDITIVE ALTERNATE #5 Additive alternate #5 has been added to the Bid Summary Sheet — See attached Bid Summary Sheet pg. C-3. This modification does not change the Engineers Estimate for this project. This is to acknowledge receipt and review of Addendum Number o ,dateAer No5.2002 Valley Crest Landsca a Develo meat Company Name By IQ7Y Motschenbac er, ce President 12/06/02 Date All bidders must acknowledge the receipt of this Addendum w th your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 535-5247. rr � City of Huntington Beach Public Works Department 2000 Main Street { r , Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For South Beach Phase 2 CC No 1169 November 23. 2002 Notice To All Bidders: Please note the following revision to the Project Plans, Specif cations. and Technical Provisions: ITEM NUMBER ONE: - SHEET A-AT1 AD2-0Ot a) Revise multiple phrases 'Kitchen" to read 'Break Room" under'Lifeguard Hq Bldg Data' b) Remove duplicate 'Mowable Sq. Footage & Height" under Lifeguard Hq Bldg Data' c} Remove No Area increase Necessar}r under Lifeguard Hq Bldg Data' ITEM NUMBER TWO: SHEET A-AT2 AD2-030 a) Revise doors 103, 119, & 121 'ratings' to read `B-Laber ITEM NUMBER THREE: SHEET A-AT3 A132-002 a) Revise Room Finish Schedule; room N's 115 & 211 tc read "Break Room b) Remove all data in `Rm 215 Elevator' and add remark "see sheet A-A20' ITEM NUMBER FOUR: SHEET A-AT3.1 A132-003 a) Revise elevation 6 to read "Break Room 115"in leu of Kitchen 115" b) Add Elevation 5 "Break Room 211" ITEM NUMBER FIVE: SHEET A -Ai AD2-004 a) Move door 106 to swing in the direction of egress as shown. b) Add Occupant Load Sign near door no.106 c) Revise phrase "Kitchen 115" to read 'Break Room 115" ITEM NUMBER SIX: SHEET A-A3.1 AD2-005 a) Revise phrase `Kitchen 115" tIread "Break Room 115" ITEM NUMBER SEVEN: SHEET A-A4 A132-006 a) Revise phrase "Kitchen 211"to read 'Break Room 211" ITEM NUMBER EIGHT: SHEET A-A6.1 AD2_w a) Revise phrase 'Kitchen 211"to read "Break Room 211" ITEM NUMBER NINE: SHEET A-A11 A02-008 a) On Section D-D, revise phrase "Kitchen 211 to read `Break Room 211" ITEM NUMBER TEN: SHEET A-21 AD2-009 a) Revise phrase "Kitchen 115" to read 'Break Room 15" ITEM NUMBER ELEVEN: SHEET A-AD2 AD2-010, AD2-011 a) Added pipe penetraticn Details 12 9 13 ITEM NUMBER TWELVE: SHEET A-AD4 AD2-012, AD2-013 a) Revise Detail 11 b) Revise Detail 19 ITEM NUMBER THIRTEEN: LFGDCONST. NOTES AD2-021 a) Revise construction note #29 from "...SS Kitchen Sink wl..."to "...SS Break Room sink w/..." ITEM NUMBER FOURTEEN- SHEET B-AT1 AD2-014 a) Revise phrase "Kitchen" to read "Break Room" under 'Jr. Lifeguard Building Data' (2 places) ITEM NUMBER FIFTEEN: SHEET B-AT2 - AD2-01S a) Revise Window Schedule; room no. 207 to read 'Break Room"in lieu of 'Kitchen" b) Revise Room Finish Schedule; room no. 207 to read Break Room* in lieu of 'Kitchen' c) See attached drawing no's AD1-017 & A01-018 ITEM NUMBER SIXTEEN: SHEET S-AT3 AD2-016 a) Revise Elevation 1 to read "Break Room 207"in lieu cf "Kitchen 207" ITEM NUMBER SEVENTEEN- SHEET B-A4 AD2-017 a) Revise phrase "Kitchen 207" to read "Break Room 207" ITEM NUMBER EIGHTEEN: SHEET B-A6.1 AD2-018 a) Revise phrase 'Kitchen 207" to read "Break Room 237" ITEM NUMBER NINETEEN: SHEET B-A10 AD2-019 a) On Section A A, Revise phrase "Kitchen 207" to read'Break Room 207" ITEM NUMBER TWENTY: SHEET B-All AD2-020 a) On Section D-D. Revise phrase `Kitchen 207" to read 'Break Room 207" ITEM NUMBER TWENTY-ONE: SHEET B-Al3 A02-022 a) On Section 1, revise phrase 'Kitchen 207" to read "Break Room 207" ITEM NUMBER TWENTY-TWO SHEET B-A14 AD2-023 a) On Section 2. revise phrase "Kitchen 207" to read "Break Room 207' ITEM NUMBER TWENTY-THREE: SHEET B-A18 AD2-024 a) On Section 1, revise phrase `Kitchen 207" to read 'Break Room 207" ITEM NUMER TWENTY-FOUR: SHEET B-ADZ AD2-025, AD2-026 a) Added pipe penetration Details 12 & 13 ITEM NUMBER TWENTY-FIVE: SHEET B-AD4 AD2-027, AD2-028 a) Revise Detail 11 b) Revise Detail 19 ITEM NUMBER TWENTY-SIX: JRGD HO CONST. NOTES AD2-029 a) Revise construction note #29 from "...SS Kitchen Sink wl..." to '...SS Break Room sink wl..." ITEM! NUMBER TWENTY-SEVEN: SHEET A -Al AD2-031 a) Remove 1 hr fire rating from wall between Weight Room 101 & Dive Locker 102 b) Add 1hr fire rating for walls between Dive Locker 102, Water Vehicle Storage 103, & Apparatus Storage 104 ITEM NUMBER TWENTY-EIGHT: SHEET A-A2 AD2-032 a) New dimensions added for door locations ITEM NUMBER TWENTY-NINE: SHEET A-AD2 AD2-033 a) Add new note box to detail #6 and revise title from 'Typical Firer, op Detail"to read "Typical Fire Blocking Detad ITEM NUMBER THIRTY: SHEET A-A4 AD2-034 a) Flood control changes -- ITEM NUMBER THIRTY-ONE: SHEET B-A3.1 A132-035 a) Add new note box a shade Food Concession 106 fa• 1 hrrating ITEM NUMBER THIRTY-TWO: SHEET B-A4 A132-036 a) - Move door 206 to swing in the direction of egress as shown. ITEM NUMBER THIRTY-THREE: SHEET B A6.1 AD2-037 a) Move door 206 to swing in the direction of egress as shown. b) Add new note box & shade Food Concession 106 for 1 hr rating ITEM NUMBER THIRTY-FOUR: SHEET 8-AD2 AD2-038 a) Add new note box to detail #6 and revise title from 'Typical Firestop Detain to read 'Typical Fire Blocking Detail ITEM NUMBER THIRTY-FIVE SHEET 13-A13 AD2-039, AD2-040 a) Revise section bubble from 7/BAD2 TO &B-AD2 b) Remove ceiing & ceiling height dimension and add section bubble F,B AD2 ITEM NUMBER THIRTY-SIX: SHEET B-A14 A02-041, AD2-042 a) Add section bubble 8B-AD2 to both wall sections ITEM NUMBER THIRTY-SEVEN SHEET B-Al6 AD2-043 a) Add section bubble 8B-AD2 to wall section; Surround gypsum board around 1-beams. ITEM NUMBER THIRTY-EIGHT SHEET 13-A17 AD2-044 a) Add section bubble 8B-AD2 to both wall sections I'+ EIA NUNSBER THIRTY-NINE: SHEET B-AT2 AD2-045, AD2-046 a) Revise door no. 107 to Type K and add remark. b) Add door elevation `H' ITEM NUMBER FORTY: SHEET B-All AD2-047 a) Revise door 107. add personnel door b) Revise door swing 106 ITEM NUMBER FORTY-ONE: SHEEET BA3.1 AD2-048 a) Revise egress lbw at Wet Storage 104 ITEM NUMBER FORTY-TWO: ADDITIVE ALTERNATE #6 a) The Contractor is to insect a single, lump sum, line item for Additive Alternate 46 to include flood proofing the Lifeguard Headquarters Building and the Educational Center Building on the revised Project Bid Schedule sheet See attached Project Bid Schedule sheet within Section C - Proposal pg C-3 and C-4. ADDITIVE ALTERNATE #6 AFFECTS SEVERAL `A' AND 'B- SHEETS The intent of Additive Alternate #6 is to flood proof (make watertight) the habitable part of the first floor of the Lifeguard Headquarters Building up to 4.2 feet above the finish floor. That is, rooms 129, Electrical Room, 105, Maintenance Storage and all rooms to the east of Grid Lines 3 and 4. The flood proofing is to include (but may not be limited to): 1. Door numbers 101, 103, 110. 111, 114, 123 and 125 are to be flood -proofed up to 4.2 feet above the finish floor elevation with compression gasket lift -out floor panels with recessed silts. Panels are to be as manufactured by Walz & Krenzer, Inc., Oxford, CT.. 203-267-5712. 2. The wall separating the habitable first floor from the garage shall be changed from 2x wood construction to 8" CMU as shown in Drawing No. AD2-034. The footing under the CMU wall is to be as shown in Detail 4152.3. 3. East and south exterior walls of the building and the garage side of the wall separating the habitable first floor from the garage shall be waterproofed (under the finishes at the exterior) up to 4.2 feet above the finish floor elevation with the same Sarnafil waterproofing system specified at the retaining wall on the north side of the building. 4. Assume the epoxy -coated, reinforcing steel in the interior and exterior masonry walls at the perimeter of the habitable first floor is to be increased 33% over what is shown in the Drawings to a eight of 4.2 feet above the finish floor elevation. 5. Assume the width of the concrete footings at the north, east and south exterior walls of the building and the CMU wall separating the habitable first floor from the garage are to be increased 33% over what is shown in the Drawings. Assume the concrete slab under the habitable area to be incrreased to thirty (30) inches thick. The intent of Additive Alternate #6 is to flood proof (make watertight) the first floor of the Educational Center Building up to 3.8 feet above the finish floor. The flood proofing is to include (but may not be limited to): 1. Door numbers 101, 102, 103, 104, 105, 106, 107, 108, 109 and 110 are to be flood -proofed up to 3.8 feet above the finish floor elevation with compression gasket lift -out flood panels with recessed sills. Panels are to be as manufactured by Walz & Krenzer, Inc., Oxford, CT., 203-267-5712. 2. Exterior walls of the building shall be waterproofed under the finishes up to 3.8 feet above the finish floor elevation with the same Samafil waterproofing system specified at the retaining watt on the north side of the building. 3. Assume the epoxy -coated, reinforcing steel in the exterior masonry walls at the perimeter of the first floor is to be increased 33% over what is shown in the Drawings to a height of 3.8 feet above the finish floor elevation. 4. Assume the width of the concrete footings at the exterior walls of the building are to be increased 33% over what is shown in the Drawings. Assume the concrete slab for the entire building to be increased to twenty- four (24) inches thick. Assume a 12' thick slab low in t.`ie area of the future food concession. ITEM NUMBER FORTY-THREE: ADDITIVE ALTERNATE #7 a) The Contractor is to insert a single, lump sum, line item for Additive Altema'e # 7 to include a water filled cofferdam alternative flood proofing for the Lifeguard Headquarters Building and the Educational Center Building on the revised Project Bid Schedule sheer. See attached Project Bid Schedule sheer within Section C - Proposal pg C-3 and C4. ADDITIVE ALTERNATE #7 AFFECTS SEVERAL "A" AND "B" SHEETS The intent of Additive Alternate #7 is to flood proof the Lifeguard Headquarters Building by providing for water filled cofferdams to be used in case of flood. 1. Propose to provide four hundred (400) lineal feet of water filled cofferdams, six (6) feet tall and seventeen (17) feet wide, to form two lines of dam on the south side of the building to be used in case of flood. Water filled cofferdams are to be "AquaDam" as manufactured by Water Structures Unlimited, Carlotta, California. 800-682-9283. 2. Propose to install a 5.5 horsepower, 3" trash sump pomp and hose to reach from the upper parking lot to a low point in the flatwork to the south of the building. The intent of Additive Alternate #7 is to flood proof the Educational Center Building by providing forwaler filled cofferdams to be used in case of flood. 1. Propose to provide five hundred (500) lineal feet of water filled cofferdams, six (6) feet tail and seventeen (17) feet wide, to form two lines of dam on the south side of the building to be used in case of flood. Water filled cofferdams are to be'AquaDam' as manufactured by Water Structures Unlimited, Carlotta. California. 800-682-9283. 2. Propose to provide a 5.5 horsepower, 3' trash sump pump and hose to reach from the upper parking lot to a low point in the flatwork to the south of the building. ITEM NUMBER FORTY-FOUR: SHEET B-AT1 AD2-049 a) Revise Garage data under'Jr. lifeguard Bldg. Data. ITEM NUMBER FORTY-FIVE: SPECIFICATION SECTION 09680, CARPET a) Add Specificatibn Sect -on 09680, CARPET. ITEM NUMBER FORTY-SIX' SPECIFICATION SECTION 02050, BUILDING DEMOLITION a) Add Speci6catton Secton 02050, BUILDING DEMOLITION. ITEM NUMBER FORTY-gEVEN: Site plan sheets E-0, E-7, E-8, and E-9 Revise General Note #5. Minimum size for a# conduits (including homeruns) to site parking lot lights and wa,kway lights shall be 2" in lieu of I Ya" (Per attached SKI). ITEM NUMBER FORTY-EIGHT: Sheet E-6 and E-9 New beacon per City of HB Standards / Caltrans type IA (Per attached SK3,10). ITEM NUMBER FORTY-NINE: Sheet E-9 Add unswitched circuit 19 for beacon light (Per attached SK9). ITEM NUMBER FIFTY: Minimum inner radius of conduit bend shall be per NEC 1996 Table 346-10, no exception. Conduit run shown on site plan is diagrammatic, form 45 degree conduit run whenever applicable to avoid two 90 degree bends (Per attached SKI). ITEM NUMBER FIFTY-ONE:Provide additional pull box for all homeruns greater than 200 feet in length whether shown on the drawings or not (Per attached SKI). ITEM NUMBER FIFTY-TWO: Sheet E-10 and E-14 LGHO and JLGHQ bldgs lighting Omit all low level exit path signs except in 1 hour rated corridors. ITEM NUMBER FIFTY-THREE: Site plan sheets E-6, E-7, E-8, and E-9 Add existing site power and telephone pull boxes to be removed including associated conduits and cables, (Per attached SK2 through SK9 and SKI 1). ITEM NUMBER FIFTY-FOUR: Revise feeder schedule for JLGHQ Per attached SK12 ITEM NUMBER FIFTY-FIVE: Add smoke detector at top of elevator hoist way (Per attached SK13,14). ITEM NUMBER FIFTY-SIX: Revised symbol list definition of existing conduit: 'see plans for requirements' (Per attached SK15). ITEM NUMBER FIFTY-SEVEN: Revised trenching detail # 5 sheet E-19 (Per attached SK16). ITEM NUMBER FIFTY-EIGHT: Add grounding and isolation transformer on sheet E-11. (Per attached SK17). ITEM NUMBER FIFTY-NINE: Sheets E-GA, E-7A, E-8A, E-9A Delete proposed temporary lighting along bike/pedestrian trait • 't9''• 0. ITEM NUMBER SIXTY: Temporary Lifeguard and Jr Lifeguard Bldgs Contractor shall make all utility connections at temporary lifeguard and Jr. lifeguard sites. ITEM NUMBER SIXTY-ONE: Sheet D4 Item #20. Protect in place 1 (one) existing Jr. Lifeguard trailer for agency use. Agency shall verify temporary building and all items to remain. Contractor shall remove all other items. ITEM NUMBER SIXTY-TWO: Sheet E-6 Sit Plan General note #4 shall include the following. AP handholes and pull boxes in traf';c areas steal have Galvanized traffic lids" ITEM NUMBER SIXTY-THREE: Sheet D-1 (The following superceeds Addendum #1 Item Number Four): Item " I ' under electrical reads: `Remove existing antenna Ord connections' This shall be revised to read, 'Remove existing antenna tower and connections including footing. Sa.l+age entire antenna and Deliver to site as specified by City representative" ITEM NUMBER SIXTY-FOUR: City Standard Plans it is the responsibility of the contractor to obtain a# City stanadi rd Plans referenced within the contract. ITEM NUMBER SIXTY-FIVE: Greenbook Modification to be included in specifications R?odify 2000 Greenbook Sect. on 2-3.2 Additional Responsibility by designating as a 'Specialty Item' all Buildings shown on the project plans. ITEM NUMBER SIXTY-SIX: Sheet L-10, Detail H This deatil for the single trash enclosure references a section 'A" detail of the combination CMU and concrete wall This section detail has been modified. (See a.7ched detail SK13). ITEM NUMBER SIXTY-SEVEN: SPECIFICATIONS -Tat le of Contents, Section C and Section E A demolition section has been added to Section E General Provisions under 2-5 Plans and specifications and additive alternates #6 and #7 have been added to the Project Bid Schedule in Section C This in turn has revised page numbering for both sections. A revised Table of Contents has been issued as well as Section E — General Provisions and Section C - Proposal. (See attached Table of Contents and Sections C -- Proposal and Section E —General Provisions of the specifications). ITEM NUMBER SIXTY-EIGHT: Sheet L-4.1, Details "F" , "H" and "I" The details indicate to refer to details A, B and C on Sheet L-9.1 and Detail J on Sheet L-9 for notes and additional information. All notes in the referenced details apply as called out under Notes" as well as call outs for water proofing on retaining side of wall, drainage and guard rails when applicable per the notes. END ADDENDUM #2 This is to acknowledge receipt and review of Addendum Nurr=on.d Nov er 15.2002 Valle►LCrest Landscape Development Company Name By otsc en ac er, ce resident 12/06/02 _ w Dale All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. i ,1g/04/2002 15:10 7140711100 rURKISC ROTC ROI rAGC ©2 Notice To All Bidden: City of Huntington Beach Public Works UepartmPnt 2000 Main Street -rel. (114) 536-54 31, Fax (7-14) 374-1573 ADDENDUM NUMBER THREE For South Beach rh.ase 2 CG No 1169 DecemhPr d, V002 Please note the following revision to the rrojoat Plans, Specifications, and Technical Provisions : ITEM NUMBER ONE: Rcoponses to bidders RR's See attached RF! 3 and responses. This modification does not rhanga the Fnpineers L-sumate for this project. This is to acknowledge receipt and review of Addenclrrm NumhRr o , dated No a er 1 b, 2002 ValleyCrest Landscape Development Company Name by g • o sc en ac er, vice Fres. Date 12/6/02 All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questlons regarding this Adderidunt, please call Todd Broussard at (714) 536-5247. Received IZ-04-02 03:18pm From-T148TII180 To-ValI Wrest Landscap Page 002 AtU Insurance Company American Home Assurance Company Granite State insurance Company The Insurance Company of the State of Pennsylwme National Union Fire Insurance Company of Pittsburgh. Pa New Hampshire Insurance Company BID BOND JAM 310) KNOW ALL MEN BY THESE PRESENTS: �1 B ftdM i. American International Companies Principal Bond Division 70 Mile Street, New York, N Y. 10270 That VALLEYCREST LANDSCAPE DEVELOPMENT INC as Principal, and NATIONAL UNION FIRE INSURANCE COMPANY OF PUTSBURGH. PA , as Surety, are held and firmly bound unto CRY OF HUNTINGTON BEACH , as Obligee, in the sum of Ten j yL nt of amount bid Dollars ( S 10% of Amount Bid ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrates, successors and assigns, jointly and severally, firmly by these presents WHEREAS the Principal has submitted a bid for South Beach Phase 2 NOW, THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid. then this obligation shall be null and void. Otherwise to remain in lull force and effect Signed, sealed and dated }2/5/03 iWnnrsss Eileen M. Saldivar Bond No 23373 (3 841 10. i State of California County of Los Angeles On DEC e 5 M before me, Martha A. Gonzales, Notary public, personally appeared Clarice Lee personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the "person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MARTHAA. GONZALES [%�:-r; G e �' COM-M.01323886 _ M �' I t±� ROMY PMUC • CA_]F A.yIA � ✓ !OS A%SUES COUNri PAZComm. Es,ires Otl.6. 2,.05 RM, 91521 1--o'MR, ENRAM-MVIN `American Home Assurance Company POWER OF ATTOPU EY Naiional Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York. N.Y. 10270 No. 05-B-01233 KNOW ALL LIEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, ar.d National Union Fire Insurance Company of Pittsburgh. Pa., a Pennsylvania corporation, does each hereby appoint ---Tracy Aston, Peter Arkley, C. FL Nakamura, E. S. Albrecht, Jr., Lisa L. Thornton, William A. Sadler, Dennis T. tifenard III, Marla Pena, Betty Walker, Tom Branigan, Marina Tapia, Clarice Lee, Richard E. Bigley, Joyce Herrin: of Los Angeles, California-» its tree and lawful Attorneys) -in -Fact, with full authority to execute on its behalf bonds, undertakings, rccognizartces and other contracts of indemnity and writings obligatory in the nature thereof, issued in the tours: of its business, and to bind the respective company thereby. IN WITNESS WHEREOF. American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents this 9th day of November. 2001 � � A 1 la lonee Vice President • STATE OF NEW YORE: } COUNTY OF NEW YORK jss. On this 9th day of November, 2001 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company 'of Pittsburgh. Pa.. to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and aEt-ited the scats of said corporations thereto by authority of his oMce. OC;OTif L FAPKEA Nc�Y RAM ' ! d trerr 1'orft CWiiii1iE*wsAmeka CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh. Pa. on May 18. 1976: `RESOLVED. that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Ar.omeys-in-Fact to represent and act for and on behalr of the Company to execute bonds, underui:ings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal orthe Company, in the transaction of its surety business; "RESOLVED. that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating d-creto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED. that any such Attorney -in -Fact delivering a secretarial eertifica:ion that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." 1, Elizabeth M. Tuck Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh. Pa. do hereby certify that the foregoing excerpts or Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Aromcy issued pursuant t'.crcto. are true aid correct, and that both the Resolutions and the Powers of Attorney are in full force and effect IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimi:e seal of each corporation this day of DEC 0 •S OM . IN 4�. IS Elizabeth tit. Tuck, Secretary d�E 65:66 t4199l --! CALIFORNIA ALL-PURPOSE ACh74ONNIXDGMEN T State of Califomia County of Orange On December 6, 2002 before me, Eileen M. Saldivar, Notary Public - , Date Name and Title Personally appeared Greg Motschenbacher , Narne(s) of Signets) ® personally known to me -- OR --❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscn�bed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(i.$), and that by his/her/their signature(s) on the EILEEN M. SALMAR instrument the person(s), or the entity upon behalf of which the ComrtPu lic - 182979 i person(s) acted, executed the instrument. � Notary Pubic - Caf�rnis _ omn" County WI'IN'ESS my band and official seal. Mil Gamut. Eow Noy tZ, 2006 Signature of Notary OPTIONAL Description of Attached Document Title or Type of Document: Bid Bond City of Huntington Beach, South Beach, Ph. 2 Document Date: 12/5102 Number of Pages Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Signer's Name: ❑ Individual ❑ Corporate Officer Title(s):