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KLASSIC ENGINEERING AND CONSTRUCTION, INC - 2000-08-07 (2)
City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Eric R. Charlonne, Contract Administrator DATE: October 3, 2001 SUBJECT: Retention Release Payment Company Name: Klassic Engineering, Inc. Address: 681 S. Tustin Avenge: City, State and Zip Code: Orange, CA 92866 Phone Number: (714) 289-2844 Business License Number:A209878 Local Address: NIA Notice of Completion Date: 10111101 Contract Purpose: Retention Release Authorization The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on tine on s je t this time. e22_101 Da e A Robert F. Bedrdslev. Publi 1 certify that there are no outstanding invoices on file. _ u- U0 ) Date I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. /a ate r-2tenUon release memo 10/22101 1:29 PM RECEIVED BY: (Name) foa;e) CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes (ext. 5260) after signing'dating CITY OF HUNT►NGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN-. Jim Slobojan, Deputy City Treasurer FROM: -jaE DATE: SUBJECT: Bond Acceptance have received the bonds for _ wIc iAI i *2IL1 �_ cb�aFes,: (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. �3 MSC No. Approved A' 41 - Q Agenda Item No. cz-1 (Council Approval pate) City Clerk Vault No. k� _ BD g jahlbondiettar.doc 4DffR - INSCO INSURANCE SERVICES, INC. insc%it:p Underwriting Manager for. Developers Surety and Indemnity Company Indemnity Company of Califomla 17780 Fitch. Suite 200 • Irvine. Carifornta 92614 • (949) 2G3-3300 MAINTENANCE BOND KNOW ALL MEN BYTHESE PRESENTS: BOND NO.: 831511 Premium: $1,178.00 THAT we, KLASSIC ENGINEERING b CONSTRUCTION, INC.. , as Principal, and a corporation organized and doing business under and by virtue of the laws of the State of -IOWA and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of FIVE HUNDRED THIRTEEN THOUSAND, NINE HUNDRED SEVENTY AND 591100" *'* (S 513.970.59"•""•••.."1Dollars forwhicr pa yment.well and truly to be made, we bind ourselves, our bcirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCI I THAT: WHEREAS, the above named Principal entered into an agreement or agreemenU with said Obligee to: BEACH PUBLIC SERVICES CENTER CONSTRUCTION CONTRACT, CC-1113. WHEREAS, said agreement provided that Principal shall guarantez replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligce may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and afler acceptance of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 1ST day of OCTOBER 2001 YEAR KLASSIC ENGINEERING CONSTRUCTION, INC. DEVELOPERS SURETY AND INDEMITY Principal CO!LDANY 0.00 ? BY: �� • f DWIGHT REILLY 1.unrrr,••tn-Fact 1 , a2'F ,OVrD AS T 0 FCraf . GAI:. M T2JY, City AttOrZty iD•12o1 (CA) (One Year Term) (REV. 301) BY: DO;)Uty City Attorn•aY CALIFORNIA.ALL-PURPOSE ACKNOWLEDGMENT _--_______- ___ __—____—_____ _ ___ .�..S, a..a�-w.�.��.�... ____.�" �' 1'Y: lil.:lt�..7M.: n."V �13?•=�3.1'�}.'V:.: •+-- �`V�C+tL'V: V`w�w State of California ss. County of SAN BERNARDINO On OCT. 1, 2001 „�� before me, CLAUDETTE ' N.. 'MARTIN, NOTARY PUBLX Data Fdww and Tma of On-ca (a.p- •Jana Do.• NWo y Publicl personally appeared DWIGHT REILLY•---------------------- ------ -• • Namatn o+ scent . ' ® personally known to me ❑ proved to me on the basis of satisfactory evidence 1.~" to be the personf-9) whose name{t) Is/= CLAUDETTE N. MARTIN z subscribed to the within Instrument- and S COMM. fli77936 s acknowledged, to me that hel=.VM executed P r NoTARrpuUX-C VORNA P the same In hislIURDWx authorised L" BEMMDINO catrr Y L...»..».... &AVC-F-,E4„ 2 capacity(M4, and _ that by hIsVlM)!10# signaturepQ on the Instrument the person($), or the entity Capon behalf of which the person(s) • acted, executed the Instrument. WITNESS my hand and official seal. Mee Notary goat Above 67"'1 r. of Notary w CLAUDETTE N. MARTIN OPTIONAL Though the kt'ormarton below is not required by law, N may prove valuable to persons refytng on the document end could prevent fraudulent removal and reattachment of 009 form to another document Description of Attached Document , Title or Type of Document: MAINTENANCE BOND Document Date: OCTOBER Is, 2001 Number of Pages: 1 Signer(s) Other Than Named Above: NONE Capacity(les) Claimed by Signer Signer's Name:' DWIGHT REILLY ------------------------ • Individual " • . Top ol6wmb here ❑ Corporate Officer —Title (s): ❑ Partner --❑ Limited ❑ General j V Attorney In tract i ❑ Trustee ❑ Guardian or Conservator ❑ Other. • Signer Is Representing: DEVELOPERS SURETY AND INDEMNITY CON ANY O 1It? Na0onW Notary Assodetbn-1350 Do Solo Ave., P.O. Box 2402 - Chatswohh. CA $13t3-2402 Plod No. 5907 Ftowdar• Cal Toe•Flae 1-670676-6627 s ' POWER OFATTOR-NEY FOR DEVELOPERS SURETYAND INDEMNITY CONII'ANY INDEAINITY COMPANY OF CALIFOWNIA PO BOX 19725,1RVINE, CA 92623 • (949) 263-3300 KNOW ALL. MEN BY THESE PRCSEIN-fS, that except as expressty limited. DEVELOPERS SURETY AND INDEMNITY CO1iPANY and LNDE1t\tTY COMPANY OF CALIFO2tiIA. do each severally, but not jointly, hereby make, constitute and appoint: `*`V. MARTINEZ, DWIGHT REILLY, H. J. DUECK, CLAUDETTE N. MARTIN, JOINTLY OR SEVERALLY' as the tree and lawful Anorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as surctics, bonds, undertakings and contracts of suretyshif• giving and granting unto said Anorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to cach of said corporations full power of substitution and revocation; and all of the acts of said Attomcy{s}in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomcy is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is, authorized to execute Powers of Attorney, que'ifying the attomcy(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or €ny Assistant Secretary of the corporations be, and each of them hereby is, authorzed to attest the execution of any such Power ofAttorncy; RESOLVED, FURTHER. that the signatures of such officers may be affixed to any such Pou-cr of Anomcy or to any certificate relating thereto by facsimilc. and any such Power of Am racy or certificate bearing such facsimile signatures shall be valid and binding upon the corporation u hen so affixed and in the future with respect to any bond, undertaking cr contract of suretyship to which is is attached. IV WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFOR.N'IA have severally caused these presents to be signed by their respective Executive Vice President and anestcd by their respective Secretary this P day of November. 2000. Cl�Qy: ,......I Da%id H. Rhodes, Executive ti ice President JQ f P Q ,l,'l'�O =aJui SEAL Qv: 1AA ' 0� 1936 0 halter A. Crowell, Secretary STATE OF CALIFORINIA ) )SS. COUNITY OF ORANGE ) /QMPANYQ� P4�r w? 2 OCT.5 A p 1967 z Z � 1k On November S. 2000. before me, Dian: J. Kaw-ata, perwnally appeared David }i. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of sat:siactory c% dencel to be the persons %%how names ati sub;_ribcd to the within instrument and acknowlcd,,ed to me that they c%ccutcd the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of u hich the persons acted, executed the instrument. WITNESS m-- hand and official scat. Sicnarurc _ CERTIFICATE _ MAhE J. nAWATA MMM. 01167M ? Nn%ArFLRUC-CA.tFCRKA E iF ORANGE COL"TY MY Camel. Ern. ht A.= The undersigned, as Chicf Operating Officer of DEVELOPERS SURt:TY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hcr,b}• ccnify :hat the foregoing Power ciMiomcy remains in full forcc and has not been rcvek:d. and furthermore, that the provisions of the resolutions of the respecthc lac ,lyds of Dirc. tors of said corporations set forth in the Power ofAttomey. are in force as of the date of this Certincatc. This Ccnificarr is executed in the City of Irvin;. California, the 1 sT day of OCTOBER 2001. tiv (Di -4 - David G. L:ne. Chief Operating Officer ID-13S01I I (A. r • ••ALJW SLATER, ===VE OFFI=,AN-D CLERK OF TEE SUPERIOR Chi T Y O F aw;,= ccum scpmcR ax-RT PROBATE CO[.•RT CFEMTIOYS 341 THE C= CRM P. 0. BOX 14171 iV G F—:-' alm" E, CA 92613-1571 CLERK CO THE SUPERIOR COURT ri'r /" r r' • ' r RM SEPTEMBER 19.2C01 � ri'rta•• v- ram• u r :r•r v• :�-•ram• w• ••/�-� � u •- •. a•I•/� • • r- r:r • :•• yr • • •a' �t�• i• • • •• u•r •• • •.- • • r- »• r- •, r • • •r ntSURANCZ IN TWO,=ri•=Ia• TO THIS DEPARTMENT BY THE / MLVir' COMPANY TEZ ST=OF CALIFlopem. }• 1•ir• • Mi• r i•1" •.' ra' III• �• • • •• al•i w- ra• M• •., •I; • 4p'0 / 0 -•• r:l' ••ti •'• •• h• ll L ' iLINDA C. WALLACE 12RCLAMI Mt 0 S6TISFAC TOty OF C J &JM5 I, Lora r. Shun i , state: 1. l am the general contractor for the City of Eiunting-on Beach, as to the project mote fisl{y described in the public works contract entitled Beach Servioes Canter and dated 9-48r01 2. All workers and persona tmployed, all films suppling mattria's, and all subcontractors for the above-mentfoncd project have been paid in full. 3. The following are either disputed elaUm, or itcats in eorvxction with Notices to Wi4.r`.�:old, wlh ch have been filed uridar the provisions of cite statutes cf the State tf California: (i€none, state 'NONE') I declare under penalty of perjury that the foregoing is true and correct. Executed At i f axx I a on this 1 ��lay of September , 2001 (Signature of Contractor) :.ecksshcx] .k ► l ` �� r Ali.••:.i t.�.+0'•�ry,•Jr Et' 3Ddd atal DISS" 0gZ868ZbtLt 5Zr60 Z60Z/6t/6B IIW City of Huntington Beach Department of Public Works Post Office Box 190 Huntiairmn Beach, CA 92648 Subject. Certification of Compliance with Title VII of the Civil nights Act and Equal Employment Opportunity Act of 1912 Cieatlernen: The undersigned, contractor on 3 Beach 54rvices Center; 285 Pacific Coast 111 hway, H.E. Title bereby etrlifics that all laborers, mechanics, apprentices trainees. ivatclur.en and guards employed by him or by any subcontractor perfonring work under the contract on tho project have bccn paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanie, apprentice or trainee conformed to the dassificaaons sr. forth in the contract or training progranri'provisions applicable to t}.e wage rate paid. resident Sig` t-we arid Title ;.ccruNwnt P ?'R S, .f Z a 3Dtid Dt4Y W06KOUT SZ:60 100Zf61163 Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder 1111111'1111 IliiINI1!111111111111111111111'11111111i11NO FEE WHEN RECORDED MAIL TO: 112 45 N12 0010716028 08:46am 1o111101 CITY OF HUNTINGTON BEACH Office of the City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by. the_ City Council of -the. City of Huntington Beach, California to Klassic Engineering and Construction, Inc. who was the company thereon for doing the following work to -wit: CC-1113 — BEACH PUBLIC SERVICES CENTER PROJECT This project includes the construction of a single story (1,652 square foot) building on the sand adjacent to the Ocean Strand, approximately 280' south of the pier. That said work was completed September 17, 2001 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, September 17, 2001. That upon said contract Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 25th day of September, 2001. City Clerk and ex-officio Clerk it of the City Council of the City U of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 25th day of September, 2001. /. &XX 4 - City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 R_*MPV 1 CITY OF HUNTINGTON BEACH MEETING DATE: September 17, 2001 DEPARTMENT ID NUMBER:PW 01-128 Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditional!y Approved ❑ Denied W City CI r s Signature Council Meeting Date: September 17, 2001 ry Department ID Number: 01g28 CITY OF HUNTINGTON BEACH v- -ram REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS^, Cr- A 4 SUBMITTED BY: RAY SILVER, City Administratora&-�' PREPARED BY41D ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: ACCEPT THE BEACH PUBLIC SERVICES CENTER, CC-1113, AND FILE A NOTICE OF COMPLETION [Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City accept the Beach Public Services Center Project, CC- 1113, Improvements constructed by Klassic Engineering, Incorporated? Funding Source: Pier Rebuilding Funds were authorized for this project. Recommended Action: Motion To: 1. Accept the Beach Public Services Center Project, CC-1113, at a final cost of $513,970.53, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Actions : None. Analysis: On August 7, 2000, the City Council awarded a contract to Klassic Engineering, Incorporated, in the amount of $489,500 to construct the Beach Public Services Center Project, CC-1113, The adopted project budget also included $45,000 to cover potential change orders and $19,500 for supplemental expenses, for a total of $554,000. bf V�q The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk file the Notice of Completion. 1 01-128 sept 17 charlonne ,-2- 9f4101 5:53 PM P 3 REQUEST FOR COUNCIL ACTION MEETING DATE: September 17, 2001 DEPARTMENT ID NLIMBER:PW 01-128 The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract amount: $489,500 $489,500.00 2. Change orders: 45,000 $24� 4�3 Project Construction Costs: $534,00 $513,970.53 3. Supplemental Expenses: 19,500 19,000.00* Total: $554,000 $532,970.53 "Supplemental funds were used to provide telecommunications equipment, including voice/data lines as well as geotechnical oversight and testing. Attachment(s): FICA Author. Charlonne a 0 428 sept 17 charlonne 914101 5:53 PM RECEIVED ^�BY: CITY CLERK RECEIPT COPY Return DUPLICATE to -11 t� S O b O {�1 \ Jeffrey Hughes (ext. 6 60) (Name) after signing/dating Z�-Uh (Date) e CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATT;N: Jim Slobojan, Peputy City Treasurer FROM: l� H �� DATE: _ ZB— 0i SUBJECT: Bond Acceptance I have received the bonds for � � �e�b1wmtl1 Q (m5t Ow.: (Company Name) Faithful Performance Bond No. 10 2.60 $ 2.14 Labor and Material Bond No. Monument Bond No. Maintenance Bond No. FNJN�C-14� 904D W. �214 Re: Tract No. CC No. 13 MSC No. Approved 9 — 1 — Oa Agenda Item No. (C9un011 Approval Date) City Clerk Vault No E7 -1 �'L. W - Ia g:/ ah/bondletter.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 25, 2001 Gary Granville County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, L eotlr� r Connie Brockway, CMC City Clerk CB Jh Enclosure: Notice of Completion — CG1113 — Beach Public Services Center Project — Klasslc Engineering and Construction, Inc. ITelephons: 714-536-5227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GiVEN by the City of Huntington Beach, owner In fee, 2000 Main Street, Huntington Beach, CA 92648. that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Klassic Engineering and Construction, Inc. who was the company thereon for doing the following work to -wit: CC-1113 — BEACH PUBLIC SERVICES CENTER PROJECT This project includes the construction of a single story (1,652 square foot) building on the sand adjacent to the Ocean Strand, approximately 280' south of the pier. That said work was completed September 17, 2001 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, September 17, 2001. That upon said contract Amwest Surety Insurance Company was surety for the bond given by the said company as required bylaw. 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 251' day of September, 2001. City Clerk and ex-officio Clerk i1 of the City Council of the City U of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officlo Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of pedury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded In the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 25"' day of September, 2001. 2P c' r * - - &- 4 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: ACCEPT THE BEACH PUBLIC SERVICES CENTER, CC-1113, AND FILE A NOTICE OF COMPLETION COUNCIL MEETING DATE: I September 17, 2001 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attome) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by CityAttome) Not Applicable Certificates of Insurance (Approved by the City Attome) Not Applicable Financial Impact Statement (Unbudget, over S5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) { } Assistant City Administrator (Initial) ( } ( } City Administrator (Initial) City Clerk ( ) �� 7-11� EXPLANATION FOR RETURN OF ITEM: f:CAAuthor. Charlonne A, CITY OF HUNTINGTON BEACH _ 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSINIITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: September 28, 2000 TO: Klassic Engineering & Const., Inc. ATTENTION: Keivan Shirali, Pres. Name 681 South Tustin Avenue, Suite 204 DEPARTMENT: Street Orange, CA 92866 REGARDING: CC-1113 - Construction City, State, Zip of the Public Beach Service Center See Attached Action Agenda Item E-9 Date of Approval 8-7-00 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: ems' 00004/;t— Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC: E. Charlonne DPW x x x bonds Name Department RCA Agreement Insurance Other R. Beardsley DPW x x x bonds Name Department RCA Agreement Insurance Other R. Hagan Comm. Serv. x x x bonds Name Department RCA Agreement Insurance Other S. Freidenrich Treas. x bonds Name Department RCA Agreemrnt Insurance Other C. Mendoza x x Risk Management Dept. Insurance (Telephone: 714536-5227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KLASSIC ENGINEERING AND CONSTRUCTION, INC., FOR CONSTRUCTION OF THE PUBLIC BEACH SERVICE CENTER (CC-1113) THIS AGREEMENT, made and entered into this 7th day of August 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and KLASSIC ENGINEERING AND CONSTRUCTION, INC a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as construction of the Public Beach Service Center, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner 00a greeAda ss iC18116100 shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the Sob site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California 00agree/kIassicIEV1600 2 chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"). without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Four Hundred Eighty Nine Thousand Five Hundred Dollars ($489,500.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion OoagreelklassicIV1100 3 within one hundred (100) consecutive working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 00agree/klassid&l6100 4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement. furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship. installation, fabrication, material or 003gree/klassid /ISD0 5 structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 00agreelkfassid8/16/00 6 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 00agree/kiassid8V1 SW 7 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in 00agree/k[assicAM6/00 8 price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 00agreelklassic0l6100 9 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items. if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend. indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and 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 CtTY. CONTRACTOR will conduct all defense at its sole cost and expense. 00agreelktassiclM 6100 10 19. WORKERS' COMPENSATION INSURANCE Pursuant to Califom a Labor Code section i 661, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy sha!I indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 00agree/klassic/8/16/00 11 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 INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of C[TY; and 4. shall state as follows: "The above -detailed coverage Is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 00agree/klassicl8/16/00 12 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Cafffomia Govemment Code sections 1090 of seq. 00agree/klassid8/16100 13 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 00agree.1krassidar16;'00 14 Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. KLASSIC ENGINEERING AND CONSTRUCTION, IN l I 0 �j Keivan Shirali, President B. PC print name ITS: (circle one) cret jDChief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Kdrninistrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST--' City Clerk J-2g-w APPROVED AS TO FORM: . ev' Ci y Attomey Cr1 Awlr1 AO'B�/'1\/Cr1• � lri 00agreelklassir/M 6100 15 SECTION C PROPOSAL for the Beach Public Semites Center from CASH CONTRACT No. 1113 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF TFiE 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 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 Ail] result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Bidders Accompanying this proposal of bid, find Bon the amount of $gg,950.0_ Owhich 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 suxmfy receipt of all Addenda here, if any C-2 06/15/2000 08:24 FAI 10 001/001 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 r6� 21 (9 Y2 11 Tj T ADDENDUM NUMBER ONE For BEACH PUBLIC SERVICES CENTER CC-1113 June 15, 2000 Notice To All Bidders: Please note the following revision to the' Project Plans, Specifications, and Technical Provisions: The Demolition Le-gel3d Hardscape and Landscape Note 2 of plan sheet D-1 shall be revised to say, "Remove existing building and footings'' In keeping with this revision, Note(j) shall be removed from the restroom trailer on the plan. The restroom trailer will be removed from the site by City forces. As a clarification, the lower right corner of the plans Indicates there are 36 plan sheets. There are actually 37 plan sheets. This modificason does not change the Engineers Estimate for this project. This is to acknowledge receipt and review of O ,C/ Company Name Date um Num dated J 13, 2000. 1l�/l All bidders must acknovrtedge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call ark phUs at (714) 374-1735. G:tiCan*uc5m CwtKz (CCs)'tC111Tr4rroWDthM1113 add-d— t.doc PROJECT BID SCHEDULE Beach Public Services Center 285 Pacific Coast highway, Huntington Beach CASH CONTRACT No. 1113 TOTAL. AMOUNT LUMP sum BID IN FIGURES: S 489,500.00 TOTAL AMOUNT LUMP SUM BID IN WORDS: Four Fiunred,EightyNine Thousand, and Five Hundred Dollars and no cents. - C-3 f 1tLASSIC ENGINEERING• & 009STRUCTION, INC. Project Know All Persons by Um Preventx 7HAtW1?� KLA5 'YC ENGINEERING. & CONSTRUCTION, INC. ' aWEST SUP,ETY INSURANCE COMPANY n Principal, end A1`i ae Surety, are held and Lanly bound unto the Trustees of The California State Unlverxily horeirwhet Called Ilia Trustees, In ilia penal sure of TEN FE,t dC n (IOX) OF THE TOTAL AMOUNT OF THE BID of the Pr}ncipel abovi-nanifd, submitted by "d Frincipal to tiro said TnAaas for the work drscribod below, for the pyrnent of which rum In lawful snonay of the Ltnited States, well and truly to be mrida, we bind ourselves, out f*lrs, exocutorv, Adr WNatrators and successors, jointly and E-varedlr, firmly by tb&w prasents. I'd NO CAS' stall tho liability of the Surety hcreundor exomd the sum of W16 of DU THE CO: taM014-.n(thlo allgation Is such that-.. , WHIZZEAS, thePrlr)clT".` : iu fled the shpvo nvntianed bid to the Trustees for certain cunatruction spoclfically desabed as foltc we, f or w4kch uds :wL_Tuesday letoboopenedat Cduhcll C)tamhers atCJf-U at�untfngf.an Jaaa�ch June. 20 air 2 : 00 forcontrari�,. , r r'_1 Beach pub7'iC Services Center. 1C`rafecR'Descrlptinn - 1 story above grade, total floor area 3#058, install wood framing rnasonary walls, roof covering, 4ypsum board partitions, etc... Huntington' Beach; FadiCCoast ktagtan(A,ciriptiaeoo1H::einth.1wrix•An NOM THZIMORi,, If the afon:sald Principal is awarded the contrmi, ",within tho state and manner required under the spedfications, after thi p'ekn'wd farms are presented to thn print"]pal for'elynniu6,'6ft4s Into a written contract, in the presented form, in accor&mwe with the bid, anti Was the two bonds with the Trustoos, tree to Suarantes falthful perfurmanoa and the ashy to guarantee payrr ant for Inbor and nvdcrlala, sir required by law, then this obligation shall ba null and void, otharwise, it shaU br and remain in full force and virtue. In tho even suit isbrcught upon this bond by tho %Ijeco and judtmont Is remvured, the Suretjr shall pay all costs lncurmil by the Obligea In such suit. IN WIRIESS WHERrOF, We have horvunt'o sot our hands and mala on this 16TH day of JUNE KLASSYC ENGINEERING & CONTRACTOR•%+Ir' • ,CONSTRUCTION, . INC. AS FM'C1PA1.. •„• .._. MAU JUVEST SURETY -INSURANCE SURETY 130 N. BRA&*VM. , SUITE 550 GLENDALE 91203 OZA'L) (Addrm") C&TWtums executer] in Walt of the Surety must bs rrr perly acknow ri.14 C�HT RE YLLY , ATTORNE '— E A '• 11" f''t �� � ^'�� n�^^yT, nn•inn n•i�r, a e� •rr nnn+ /n� /nn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino ss. On JUNE 161, 2000 , before me, Susan Pugh, Notary Public Dave he" "Te- of Oekw (e.Z. Jar Do-. Nowt' P1a¢- . personally appeared _ Dwight Reilly ha-mm o+ sg-eqI) • �. � • .pia M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons) whose name6o) isl= subscribed to the within Instrument and acknowledged to me that helms executed the same. In histbacbeir authorized capacity(ir*, and that by hisAx%4,tVk signature(x) on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and o rcia! se . 59fth+- Of Nowt' PLDft SUSAN PUGH C) OPTIONAL Though the Information below Is not required bylaw, it may prove valuabte to persons relying on the document and could prevent fraudulent removal end reattachment of this fixm to another document Description of Attached Document Title or Type of Document -BID BOND Document Dale: JUNE 16, 2000 Signer(s) Other Than Named Above: None Capacity(ies) Ctalmed by Signer Signers Name: Dwight _Reill Number of Pages: l ❑ Individual roR at urrrw Here ❑ Corporate Officer —Tit:e(s): ❑ Partner --❑ limited ❑ General • Attorney In Fact 9 ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: AMEST SURETY INSRUANCE COMPANY O 199? Na%nw Nowy Auaudon • SM D- Scro A%-., P.O. &= 34M • C+- w&rd- CA 9131 i24M Prot No, 590? RMW.. Car TWr" 1400-tmbda27 LIMI r..ZD POWER OF AZ ORNEY Amwest Surety Insurance Company This document is printed on white paper containing the artificial watermarked logo ( A ) of Amwest Surety Insurance Company on the front and brown security paper on the tack. Only unaltered originals of the Limited Power of Attorney ("POA') are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA nay be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiraticn date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distnbutrd without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch dice at _- (RIA) 245-4;1q-i KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: Dwight. Rellly V. Martin rt 11.J. Dueck E. Enrlquez As Employees of Crosby insurance, Inc. its true and lawful Attorney -in -fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal b. required on bonds, undertakings, recognizances, reinsurance agreement for a Miler Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds rap to S1,000,000.00 Contract, Court & Subdivislon Bonds up to S'_.500,000.00 Llcen;e and Ptrmlt Bonds up to S100,000.00 bfiscellaneons Bonds Up To $100,000.00 Small Business Admistratlon Bonds up to S1,250,000.00 and to bird the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. 1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect wad has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney, and that the re'evant provisions of the By -Laws of each company. are now in full force and eflecL Bond No. -N/A Signed &sealed this 1 6 T'y cf JUKE 2000 Karen G. Cohen, Secretary • • • • ■ • • • • • ■ • • • • • • RESOLUTIONS OF THE BOARD OF DIRECTORS • • • • + • • • • a ■ ■ • ■ • ■ • • • ■ • ■ • ■ • • • This POA is signed and sealed by facsimile under aid by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15,1975: P.FSOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, tray appoint attomeys-in-fact or agents with authority as defined or limited in tF.e instrument evidencing the appointment in each case, for end on behalf of the Company. to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of ell kinds; and said officers may remove any such attorncy4n-fact or agent and revoke any POA previousl . granted to such person. 1.ESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company. (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary, or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by tt_e power of attorney issued by the Company to such person or persons. FESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be of fixed by facsimile to any POA or certification thereof au6orizit; the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually a.Trxed. IN IMNESS %`HEREOF. Amwest Surety Insurance Company has caused these present to be sighed by its proper officers, and its corporate seats to be hereunto affixed this 25' day of September.1998. John E. Savage. Presidefi, Karen G. Cohen, Secretary State of Califomia County of Los Angeles On September 25. 1998 before me. Peggy B. Lofton Notary Public, personally appeared John I- Savage and Karen G. Cohen, personally known to me (or proved to me on the bw.is of satisfactory evidence) to be the person(s) whose name(S) istare subscnbed to the within instrument and acietowledged to me all that hefshe.'they executed the ume in bis/her/their authorized capacity(ics), and that by hislherhheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed Che instrument 1NS J f.Z �. (01Z DEQ14, r 1995 WITNESS my d and official seat. P£CCY L LOFTi1N Coenmitdon 0IObsA6/ Signature (Seal) i wakwheft—cbItmial j r LM Areela* Coupe Rt My Comm Eviow Aug 6.1M 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. 1'ariirm }lftane �, f ,Sti&01&actnr a d AdWe ss • • "Bute I.i ns Cis HVAC° ncanna, San Clemente, Ca. 745253 C-20 Plum. Valco Plumbing Inc. 11861 Cardinal Cir. Ste. F Garden Grove 28958 C-36 Elec. Mrk Electrical 12 W n ate Irvine, Ca. 92606 579393 C-10 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-4 14 r.. - .- ^M ywm LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use Name o Vendor .address aL04 ce and Telc honeNumb55�r ly' pe of fluter+al or Pro4vt andllfcidel s Number s Rebel Rents 142 W•Encsnigas(760)M - All Equipment Rental Robertson's R930 Vam Buren - iverside, 7 Cement =Cement/Sand, Etc... Standard _ 2002 aEAnMc a en 155024 , Pingelus Block Main O.Tange, 8594 Masonary Products Lumber Products Katella Lumbe - Orangea e a 4 Westside E. owe (714))338g55 Anaheim, 1644 Building Materials Harbor Elec. 3203 S.Harbor - Santa Ana, 2800 Electrical Products Todd Pipe 13591 Harbor - Garden Grove 4442 Pipes & Supply PacSupplyoof 6OrangeBatavia (714)6330 Roofing Materials C-5 NONCOLLUSION AFFIDAVIT TO BE EA'ECUTED BY BIDDER AND SUBMITTED MITH BID State of California ss. County of Orange Lora Shiralibeing, first duly sworn, deposes and says that U or she is vice President of Klassic Inc. 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 kith 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 uill 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. Lora L. Shirali Vice President of Klassic Inc. 681 S. Tustin Ave. Suite # 204 Oran a Ca. 92866 Address of Bidder Subscribed and sworn to before me this �' day af�� I.9-..200D. NOTARY PUBLIC Sri! 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 Beach Public Services Center, (ixwe)('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: _ June t 4 , 2000_ Klassic Engineering & Construction, Inc Contractor /y—Kei—van Shirali Title President CEO C-7 DISQUALTFICATION. 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 1S 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-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be 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: June 19, 2000 Klassic Engineerinq & Construction Inc Contractor By Keivan Shirali President / CEO Title C-9 BIDDER'S EWORMATTON BIDDER certifies that the following information is true and correct: Bidder Name .(Classic Engineering & Construction, Inc -.-- Business Address 681 S. Tustin Ave., Suite #204 Oranqe, Ca. 92866 7�14 )289-2844; (714)289-0288 Fax. Telephone Number A- r , 759241 Ca. Class A & B State Contractor's License No. and Class February 18, 1999 Original Date Issued February 28, 2001 1�irrk�c1l Expiration Date The work site was inspected by Keivan Shirali Pres/CEO of our office on June 13 ,i/ 2000 The following are persons, firms, and corporations having a principal interest in this proposal: Keivan Shirali President / CEO Lora L. Shirali Vice President / Secretary C-11 The undersigned are prepared to satisfy the Council of the City of Huntington Deach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance w7th the plans and specifications set forth. Klass c q veering & Construction, Inc. C mpany Isla „ -� n r % Signature of Bidder Lora 1. Shi.rali; Vice President Printed or T ped Signature 681 J. Tustin Ave., Suite #1 204 Orange, Ca. 92866 Address of Bidder 714 289-2844• 714 289-0288 Fax Telephone Number Subscribed and sworn to before me this day of XQt4 f, aGL�t7 NOTARY PUBLIC 9 NU.IAKY bhAL CHR=-A XMJFOR CprrYr yw 9 1237218 oror� Ca st�f ' , comrr�. E);)tm x� S. 20M C•12 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: California State University at Los'Angeles 1. 5151 State University -Dr. Los Angeles, Ca. 90032 Name and Address Sharab ec,,1,a t-r Name and Telephone No. of Project Manager. Singh (_-32 3343-5783 114 K + CIO's Remodel of Fitness Center._, June.9, 2000. Contract Amount Type of Work Date Completed City of Long Beach; Parks & Recreation Dept. 2. 333 Ocean -Blvd. 'Lohq Beach, Ca. 90802 ' - • Name and Address & 116 Pa►irk, NZ) 570-517 P11ier� tn Name and Telephone No. of Project Manager: Philfp J Sub-C,.br.� B P�eterso ,S�¢� I_ 628-9i 8s Cc 635 K + CIO's New Construction of Recreation Facility. 11--00 Contract Amount Type of Work Date Completed 3. City of Orange Parks & Recreation Dept. -230 East Chapman Ave. Orange, -Ca. 92866 (714) 744-7272 Name and Address -�► �� AL . Jessie Name and Telephone No. of Project Manager: _Garcia _ _ (714) 744-7272 LCt235 K + CIO's Picnic Shelter Upgrades throughout city. 12/98' Contract Amount Type of Work Date Completed 4J2?f(� J0s5e_ &&r6o_ tc, 0A6Je.i CwIA n4 rCW,, ,,, Gz v* w1 K4ax;_ & tmmn-14 CaV4 ej C,� sl&vr C-13 ACQRD. CERTIFICATE OF LIABILITY INSURANCE °ATE(MM.OpI 09 06 00 PRODUCER NIC INSURANCE AGENCY, INC. 1720 E. GARRY SUITE 235 !} �} SANTA ANA, CA. 92705 CM �C.�1�Vh11h',,d %t- W�'• THIS CERTIFICATE IS ISSUED AS A MATreR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDTNG COVERAGE INSURED KLASSIC ENGINEERING, DESIGN & CONSTRUCTION 681 S . TUSTIN AVENUE SUITE 204 ORANGE, CA. 92866-3346 INSURER A- NAVIGATORS INSURANCE COMPANY wst-MER B. NSURER C- P.SURERD. INSURER E- COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWATHSTANDING ANY RE WREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VA-11CH THIS CERTIFICATE MAY BE ISSUED OR MAY PE aTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDETIONS OF SUCH POLICIE S. AGGREGATE LIMITS SHOWN MAY HAVE: BEEN REDUCED BY PAID CLAIMS. INSR r TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE M POLICY EXPIRATION w LIMITS A OENFULLIABILITY X c-ommERCW GENERAL LIABILITY CLAMS MACE OCCUR GL005239 07/24/00 07/24/01 EACH OCCURRENCE s 1000000 FIRE DAMAGE jAnr ow NO f 5 D D 0 0 MED EXP IMY Pr» Person) s 5000 PERSONAL 8 ADV INJURY $ 1000000 GENERAL AGGREGATE IS 1000000 GENt AGGREGATE LIMIT APPLIES PER. X I POLICY ElPAOT LOC PRODUCTS - COMPIOP AGG IS 1000000 AUTOIROBILE LIABILITY A VY AUTO ALLCMNED AUTOS !CHEDULEDAUTO5 FIREDAUTOS hON-OWNED AUTOS F = G �.. -. .'t_ r ,;:i:i: ::� � `� COMBINED SINGLE LIMIT (Es sccldsnl) f BODILY WJURY (Per P—) f BODILY WJURY (Per+zc" f PROPERTY DAMAGE (Per s,ee.K" : GARAGE UABILETY A4YAUTO 1 4J J AUTO ONLY - EA AC=ENT I OTHER THAN EA ACC AUTO ONLY: AGO s S EXCE53 LIABILITY 07CLIR CLAIMS MADE DEDUCTIBLE.. EAC 4OCCURRENCE f AGGREGATE f s WORKERS COMPENSATION AND EMPLCYERS' UABIL TY —7 WC STAT IT' O ++ W MIT E L EAG'I ACCIDENT = E L OMEASE - EA EMPLOYEE f E L DISEASE - POLICY LIMIT f OTHER DESCRIPTION OF OPERATIONS:tOCATIONS,NEHICLESiEXCLUSIONS ADDED SY ENDORS EMENTISPEC IAL PROVISIONS subject to 10 day notice of cancellation for non payment of premium CERTIFICATE HOLDER JX I ADDITIONAL INSURED, INSURER LETTER: A GANGtLLAi IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETNE EXPIRATION DATETHEREOF,TME)SSUENOINSURER WILLF MAIL 30 DAYSYII4am CITY OF Mn=INGTON BEACH it' ■ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE agents, officers, A employees _ PO Box 190 1 9=INCTON BEACH, CA. 92648 AUTNORIZED REPRESENTATIVE v►RRY 9TWOUT ACORD 2S S (7197) 0 AGORD CORPORATION 1983 TIUS ENDORSEMENT CIiANGES TIDE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEh>LENT cJ�f 44 vikl� I W�' NQ. Id-600do This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 101185 SCIIEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy and is approved by the Company in uniting m ithin 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. WHO 1S AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primam ordinz If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. _Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional 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 arising out of the sole negligence of any additional insured or any of their agents/employees. ANF 160 (08/99) STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE SEPTEMBER 7, 2000 POLICY NUMBER: CERTIFICATE EXPIRES: 19 CITY OF HUNTINGTON BEACH BUILDING DIVISION, 3RD FLOOR 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 JOB: ALL OPERATIONS L C 0 d** V*'4LT P1.V NW, �L &C 110 1528927 - 00 2-I-01 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon teAays' advance written notice to the employer. XX We will also give you T@A days' advance notice should this policy be cancelled prior to its normal expiration. XX This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02/01/00 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. F_ ., •art ., .,_..:,: EMPLOYER KLASSIC ENGINEERING & CONSTRUCTION INC. 681 S. TUSTIN AVENUE #204 ORANGE CA 92866 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF 10262 (REV. 3-95) SIP-IZ-zaaa 08:=laa Frcz-AREST. +1818i462535 T-06b P-DOZI S F-235 TJ1V L. V►•a, V1 ,..v, •....ry �Amwest PERFORMANCE BOND BOND NO. 102008214 PREMIUM. $8, 343.00 Pft&w asw a+ fWsw ar"d pim Any singular reference to Contractor, Surety, Owner or other party shalt be considered plural where applicable. CONTRACTOR (Name and Address): KLASSIC ENGINEERING & CONSTRUCTION INC. 661 SOUTH TUSTIN AVENUE S ORANGE, CA 92866 OV.74ER (Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET,-P.-O. 13OX 190 -HUNTINGTON BEACH, CA 92648 SURETY (Name and Principal Place of Business): Aziwtst Snrety insurance CaT fag _ 330 NORTH BRAND BOULEVARD, SUITE 550 GLENDALE, CA 91203 CONSTRUCTION CONTRACT Prtmfym bas , edptj f7gat gontr c saMQVn Date, Contract Number: CC-1113 FOUR HUNDRED EIGHTY—NINE THOUSAND, AnjounrFIVE HUNDRED DOLLARS AND NO/100*********** Dollars (489,500.00*********J. De dcrlption (Name and Location): BEACH PUBLIC SERVICES CENTER CONSTRUCTION CONTRACT, CC-1113. BLIND FOUR HUNDRED EIGHTY—NINE THOUSAND, Arnount» FIVE HUNDRED DOLLARS AND N0/100********* Dollars( 4891500.00********* ), SK1ned, sealed and dated this day of SEPTEMBER 12, 2000 eNSJ� A AS TO FORIss r. /� .I. . . 1 Vit C I ." .^,'i1ny P W i•rJ l►Y 40L nev KLASSIC ENGINEERING &'CONSTRUCTI( • rm PW wm. By. woft . .Amwest SqtgtysCgrnpany DWIGHT REILLY ATTORNEY —IN —FACT axr.r+•Fan t3F..0-3001 (3.'b01 (SEE NEXT PAGE FOR TERMS AND CONDMI014SI Sap-12-200a 03:z1am Fier.-AI+WEST. EMD NO: +191B2452535 T-055 P-003/0CS F-235 r /1VV arlV yr 0 *•V m�•r�r 1. The Contractor and Cie Surety. leanly and severalty, bind themselves, male heirs, executors. adlrtirtistrators, successors and aaslgru to Ow Owner for the ptu omanee of the Cc nsvvdon Contract, wh'eh is hcorpmW herein by reference. Z if the Contractor performs the CortsbucUn Contract. the Surety and die CCrtitraCtcr Shall have no W-gadon vector this Bond, ertcapt to parftate In confurencees as t mMed In Subparagraph 3.1. 3. If there k no Owner Defaur, the Surety's obtigadat undue Ns Sand shaft arise after. 3.1 The Owner his notifed the Contrww and 4he Surety at Is address aeecrbed to Paragraph 14 bok vv that the Ownw is eona'daring dadari g e Corinctor Default and has requaved and atempt;d m armnge a conferetnee With tt» Conira=r and the Urery to be held not later than fdbaen days arrerrecefpt of such nod:a Co discuss madtods of performing the Construction Ccovact. If to Owner, the Contractor and hate Surety ayvee. the . Contractor shall be a1owad a resson3bfe drte to perform the Conwwdon CoMat t but sucb an agreeinenr shall not waive ilia Owners right tf arty, subsequently to dedare a Contracwr Debut and 3.2 The Owner has dedtmd a Contracmr DefwA and formally wrttlinate4 dhe Contractot% tlght to cortiprer.a the eared. Such Ca vacW Dstaul ship not be detdara9 ganger than twenty days after the Convacw and the Surety have received rtodce as pmvwt+d In Subparagraph 3.1; and 3.3 The Owner has ages ad io pay the Mdanca of Me Contract Mice b the St. rely In a0cort ante wth tths team of tine Consutrtdon Conrad trio a cons= tt"w:%ed to prerorrn Ire Conzntgon Convact in acoordawo aim ft tennis crew contract sin r* Owner. 4. After fh• Owner has declared Contractor In default and has sadufr,d die condition: of Paragraph 3, and the Surety has cond=ad lb own pnMt and reaaanallo Investigadon as to whether or no: the Contractors default has actwedf occurred. me 3ur*tl may at Its own option elect one or more of the ldiowft acdclts: 4.1 Arrange fof aw Convackr. with consent d to Owner. to porktm ant: cor.nplem the GonstruWal Cgnvac% of is ltnferu►e 7a piriorrSt and CanPkte tlt,a Conscucian Contr'atYlrself, d"Nu¢► its aQencs sOrr ��6h &tdspsndeM oorltra[tof9; or 4.3 Obtain bias or negotiated proposals from qu ir-od emlil-& tors acceprab a iota Owner fbr a conLrar-4 for pedwrla%o ar 4 cornptedon ft Cassaue IM CertvaCt arrange tar a Cons3d m be prepared for ere*Aon by dhe Owner anti the Contractor soiacted %tdt ilea Owners oanaurvnea. to be sowed with performance and pyrnent bonds executed by a qutfiod sur%V equWJettt to the bonds ksued on 0 a Cansmxaip+ Corvact and pay b the Owrpr pre arttutrrtt of damages as daserbed In Paragraph a in amass of die SaWrice of ttte Contract Pdce tttcumad by the Owner revAting from dhe Contracla tt defauh: or 4.4 W31va Its rfg't ib perlbrm and owV&tte. arrange far eadlpledon, or obtain a new coModw and i th reasortab4a pronVelea under Ste drmMstances: .1 ,later kwastitiadon, determine the amount for *Nch I mart be gable to to Owner and as soon as practi�abte after ilia amount datermkred. bander payment thererere to the Owner: or .2 Dany lability to *hots ar In part and notify the Owner 66tV reasons dlerafcre. , S. If t ne Sauey proceeds u provided In Subparagraph 4A. and the Owner reatrses" paytnw4 uwWared or fhe Surely has denied labrky. whole er in part wtdwout Whar notice t v Owner shalt be avNed is enforce any remedy avaleabie to die Owner. a. Mee the Owner has terminated fie Contractoes fight to complate the ConstruM n Contract. and r the Surety elects Io act under $wW#ra9►aph 4.1.42, or 4.3 above, then the rospoasbuldoct of the Sooty to the Owner shag not be greater than Vwmo of the Conaaaar under ttta Construction Cor>trw:% and %he reSRAasib,Trpes of ire Owner m the Surety aht tl nor be 9roater than those of cw Owrter under the Consvuckn Comet. To the Imit of the arnwrtt of Ns Bond. but sigea to =rttlrttt-wm by the Owner of O:e Ea4rK* of tits Contract to maigmeon of costs and dartta?es on the Construction Convsct the Surety Is o'b9gated wkhcwn duprtrabon for- 6.1 The rewtsibirrusa cf the Contraewr for correction of dafec*,,* worts and cerhpiedort of the Censtnutlon Contract. and 6.2 Ltgvidawd damages. or d no Pquldated damages are spectfied In tits Consvuedon Contract, aratal dawagee caused by delayed perlanjuince or non-performance of the Contractor. - 7. Ttw Surety shall not be lallo m the owner or omen for obilgadom ct tits Contractor flat we uWaWad to the Constmdon Contract. and the Balaneo of we Comrw. Prke shag rid 4e rebored or Set off on account of any such unrelated ebtigations. No fight of scion ghat accrue an dug Bond to any peraan or *%V other gran the Owner or its. heirs. executors. eirnirtistrators or strtxessors. S. Tl a Surety hereby waives nodca of ary dmngo. hcsuding changes of tkne, to tits Construction Contract or to MrAd sutxtorttratas. purchase orders and other obgpaliuns. i. A Y proceeding, 4ga1 or wp*able. under thh; Band maybe irmMuted In any court of aonvp►trnt jurisdiction in the Iecadon In wtrictt rite work or part ad the work h bcsW and shall be kwtbrfed rho Later than six mom aftar Comactor Default or no loser titan sbc mondns afxr the Cvrtvactror ceased w06:n9 or no later ftn sh morxfta aftef the Surety ► used or fail b perfarn Its ob99a6xs under No Bond, w*ha ver acurs *vL if the proriicns of alas Paragraph are veil of pnahibked by Ivor, fhe minimum period of Wtaton avalable to suteelas as a defense In the jurisdiction of the suit Malt be applicable. 10. P eAk:e so the Surety. she Owwor rM Coolraotor steak be mated or dsivered le ttro address shown an die stgmt rs paw 11. V-bon fhb Bond has bean 4rmighted to co npy wadi a stab ory or other legal rogtArorrnerlt h one kaQon whore the construction was ao be perk-rrrwd, any provl5ion In tilts bond eonfkdrig with said sbtrttoy orotner mps requirement shalt be deemed heapormee harm. 12 CtEFINITiONS 12-1 balance of the tJotreact Pt1ee: The tots! amount payable by Ow Owner am its Contracaur under the Gonsvoctim Cordraet after ad proper a$ustrrwrts have bead Made. k clitdtn9 afforranas to to Contractor of eery atnouna received or 4o be mceNW by do Owner in sea%rrertt of fteanov or otter tdeetu for damages m trhirh the Contractor k trrt dot or redmw by al rand and pnagtr pays ergs made or on beha ff of ff r Ca m racex WWW to Corttstnratat Contra 12.2 Conattudion Contract: The agreerpem between vle Owner and the Contractor identified an rite Ognawro page. IrKwnp an Contract Decurnents OW Changes therein. 12.3 Cam recoor Default: Falure of the Co m cwar which has rwhwr been f*rr@e d nor *hued. to pw" or a0w^43a to ewnpry w kh the tdrma of the Co wtiva'on Cctmsu 12.4 Owlet De.4mIL Fars ell V* Owner. which has nakhor been retned'rtrd nor waived. is pay the Coetva..= as required by itra Ca ctructi n Core= or to perform and complete or am-py Pon the cow temps hertaat. BF-A3001 f3100t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Catifomia County of SAN BERNARDINO ss. On SEPT. 12, 2000 , before ine, CLAUDETTE N: MARTIN, NOTARY PUBLIC o.r. N..n..rra T" or Ostcu (. p . JWW Dos. N04" Pk*- j personally appeared DWIGHT REILLY---- --______—..___. -- —___ NsrrrKq a awm(s) C AUDETrE N. M TW , Comm?s on # 1177936 No`.ary Pubrc - Ccfiornia 5cn oema d.no County rry Comm, D7 es N,ar29, 23Q2 ZI personally known to me ❑ proved to me on the. basis of satisfactory evidence to be the person(x) whose name%) is/,VK subscribed to the within Instrument and acknowledged to me that hef679K")C executed the same in hisl4aMk authorized capacityft�j, and that by his"NMXX signature(M) on the Instrument the persontq), or the entity upon behalf of which the person(A) acted, executed the instrument. - WITNESS my hand and official seal. PW* Notary seal Above sly mkwo of Notary PL&C CLAUDETTE N. MARTIN OPTIONAL Though the tnformetlon below is not required by law, If may prove valuable to persons retying on the document and could prevent fraudulent removal and rsaftechment of this form to another document. Description of Attached Document Title or Type of Document: PERFORMANCE BOND Document Date: SEPTEMBER 12, 2000 Number of Pages: 2 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signers Name• DWIGHT REILLY---------------_____________ CI Individual TOPW RV! mb here ❑ Corporate Officer — Title(s): l ❑ Partner —❑ Limited ❑ General M Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: AMWEST SURETY INSURANCE COMPANY 0 199T ►laro %w Way Assodatlon • 9350 Do Salo Ave., P.O. Box 2402.00tsn0rel, CA S 1313•1402 Prod. No. 590T Reorder Cam Taa4Frew 1.60 SM662T LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company W n4 Lx iration mate: UW1411u1 uuutuZasaa This docurent is printed on white paper containing the artificial watermarked logo ( ) of Amµest Surety Insurance Company on the front and brown security papa on the back. Only unaltered 9rigin2ls of the Limited Power of Attorney (-POA") are valid. This POA may not be used in conjunction with any other POA. No reprm.-ritations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expire -ion date. Amwest Surety insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distrib.ited without the permission of the Company. Any party concerned about the validity of this POA or an accompanyir.g Company bond should call your local-Amwest branch office at R-SJ'; 3 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby snake, constitute and appoint: Dwight . Reilly V. Martinez 11J. Du ask E. Enriquez As Employees of Crosby Insurance, Inc. its true and lawful Attorney -in -fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as folio-s: Bid Bonds up to $1,000,000.00 Coninct. Court do Subdivision Bonds up to $2,500,000.00 License and Permit Bonds up to S100,000.00 Miscellaneous Bonds Up To $100,000.00 Small Business Admistration Bonds up to S%250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect 1, the in Jersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwcst Surety Insurance Company set forth on this Power of Attomey, and that the relevant provisions of the BpLaws of each company, are now in full force and effect - Bond N-),I 0 2 0 Q 8,2 14 Signed & sealed this 12-V$ay of SEPTEMBER 2000 _ Karen G. Cohen. Secretary ••••••••+••ar••arRESOLUTION'S OFTHE BOARD OFDIRECTORS •• •a••• •••••r•••••a♦•r •••a• This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety insurance Company at a meering duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Cotnpar.y to bonds, undertakings, mcognizances, aid suretyship obligations of all kinds; Lid said officers may remote any such attorney -in -fact or agent and revoke any POA preAou-,'y granted to such person. RESOLVED FURTHER, that any bond. undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: () when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary, or when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized anornry-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authority nS the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature Lid seal when so used shall have the same force and effect as Gough manually affixed. IN WMI ESS WHEREOF, Amwest Surety insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25` day of September, 1998. L John E. Savage, Presid . t Karen G. Cohen, Secretary State of Califomia County of Los Angeles Ott September 25,1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to the (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscnbeJ to the within instrument and acknowledged to me all that Wsho'they executed the same in his/her/their authorized capacity(ies), and that by hisiber/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 d and official seal. r�_ 14 S RCJ� 1pP Q�{�9 Signature -�'-�' �,C Y ' CI>'�l Z"' ' �" (Seal) No" ArgWo �Cdlotrti0 jw W Comm. Evinim Aug 6,1994 n J CJ - b* cN 5230 Las Virgenes Road Calabasas, CA 91302 TEL 8I8 871-2000 581-R-Na7 C3:21:a From-AYWEST. +1316Z46ZS35. T-OSS P.0a41005 F-Z3S rnV c %A ac.:J. 6 .. � . Jj %= A M We S t; PAYMENT BOND BOND NO: 102008214 PREMIUM. $8,343.00 Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where appl:able. C014TRACTOR (Name and Address): KLASSIC ENGINEERTNG-fi-CONSTRUCTION, INC. 681 SOUTH TUSTIN ORANGE A 92866 OWW€R (Name and Address): CITY OF HUNTINGTON BEACH 20 : 19 HUNTINGTON BEACH CA SURM (Name and Principal Place of Business): Anin•est Surety Insurance Company 330 NORTH BRAND BOULEVARD, SUITE 550 GLENDALE, CA 91203 CONSTRUCTION CONTRACT Final arem(um bawd an Fnaf contract amount Data: Contract Number. CC-1113 FOUR HUNDRED EIGHTY-NINE THOUSAND, Amount: FIVE HUNDRED DOLLARS AND NO/100************ Doilars(489,500.00******* ). Desr nption (Name and Location): BEACH PUBLIC SERVICES CENTER CONSTRUCTION CONTRACT, CC-1113. BOIr D FOUR HUNDRED EIGHTY-NINE THOUSAND, Amount FIVE HUNDRED DOLLARS AND NO/100************Dollars( 489,500.00*****n- Slgm3- d. sealed and dated this day of SF.PTF.MBER 12, 2000 t.3 TO FOR' ds KLASSIC ENGINEERING & CONSTRUCTIO: `< IN F Il INC pr.onm Ns.s. %Rq �_ VIABy: Ids p D �; • City Attorney AMwtst Si1tY Insurance Company cn y t • DWIGHT REILLY ATTORNEY -IN -FACT BF"02 r_JD0j (SEE t9XTPAGE FOR TF qS AND COMMONS SerI26-ZOD3 03:22aa Frcd-AMST. BOND NO: 41818:46IS35 T•066 P.035/OCS MIS 1_ The Cotivwtor and th* SweclJointry and sew0j. bind fhern"Nes, their heirs. sxacuton, administ3tors. st:txessors and asstgIN to wo Ownerlo pay for tabcr, nnterials and equipment furnished for Use In the performance of the Contraction Contuses. u hleh is incorporated Aervin by reNrence. 2. Wrrih reapoct to dse Owner. thin a&p6orh alto# be mA And cold If ttre Contrkcz r: 2.1 Promptly Makes payment directly or indirectly. for a7 sum; due Ctaimams. and 2 2 Darends. IndentniLes and holds harmless trha Owner from al dalms, demands. Sar:s or salts by any person or entity wNsa matadvIs of equipment were furnished for use In the perfonnance of the Consmxc on Contact, pit Q@d the Owner has PMR1 'y notif ed to Connracor and Me Suety (at Cie address d combed in ParagraO 1)) of any claims, dt+ wds. lierts or suits and tendeted defense. Balms. demands. liens or sub b the Contractor and the Surety and pMvlded then Is no 0*VW Default S. With respect to Claimpnts. this obligation shad to null and void If the Conaacwr promptly makes payment, directly or Wireeq. for at gums due. A. The Surety "I have no W;aton ao Clakwnts larder if i Bond until: 4.1 Claimants who We *ntp)oy" by or Have a dreg CCrhtraCt yrt3n tine Gorsaador have gtwn race to" Surely at P.O. Box 4520. Woodland Has, C.tlfgmW 9 t36S-400 and sent a toffy. or nodes ftreor, to ft Owner, stating that a claim is being made under TJs Bond and. with subsoinUl bcwra CY, the amount of Cw Claim. 4.2 Claimmm who do not have a dm*n contract wh h ose Conaactor: .1 Have fumished written notice to the Contractor and sent a copy. or notice thereof, to the Owner. withirl do drys alter ha••ing last perkmied tabor of tact farrfsded materials or equipment inducted In the elatms stating, WL1 suhurdal accuracy. tine amount claim and the mama of the pa y to whom +the matwiars woo Awnisfhdd or *Wpried or for whom the labor was dons or parformed; and 2 Flay* orator received a rejection in where or In part born the Contracts . or Rot taaN+d watt in 30 days of furnishing the above hotim any sant►vA%icadW% Rent the Cottttbd4C hi Ihtktt tta Canuaa& has lnigkated the claim wiU he p aid directly or indirectly. ana .3 Not hi-irg been paid whNn the abate 30 day*, have sent a written modes to the Suraty at P.O. Box 4500. woodland Hill. Caitania 91363-4500 and seat a copy. or Rode moved. to Cie Owner, grating that a clair+t is being made under this Bond and enclosing ataxy of the previous written nowt famished i o da Contractor, & V a Potiee required by Parag-4114 he pit.ets by the Owner to ttte Contractor or to 1% Suraty. that Is vAl cionl Cempl4noe. 6. The Suret/I WW oblIgadw ghat mat exceed the amount of this Fond. and the AMC" of 916 bond shay be credited for any rayrr*FAS Rude In good UN-" by VW surly. 7. Arnoina owed by the Owner b" Contra" weer Tea Construction Contract shall be used for die p+rrormanae of the Constrie6m Conwact and io aatisly clams. it any. under any Con%MrpO n Prrfonnanas Bond. By the C ntrD r lrntbl>i V and tin Owner acrepdnp ilia Bond. Cloy rinse Chat all it nds earned by the Contractor In the performance of the Caft=x0on Carbact err dedicated to satisfy ebrlgadons tte C*Mcror and the $Urety under title Bond. subject to the Owmeu p tc y to tree die funds for ttto cornpkoxl of d'te work. S. The Surely salt not be flank m the Owner. Cl3imanm or ottvers for obligations of to Contractor that are unnrtated m the Consncdwt Contract. The Owner shall net be linable )a Osaka payments ho, rhv tr tin on t>eha`l d, cc oa*r vise have obItAw* to Clatmarn under Nit Sor4 9. The Sur@W hereby waives notice of any change, Inducting changes of lime, to the Canstrucdon Contract or to Misted subooruracts. purt_'hase orders and cttt� ot=Ggaticns. 19. NO strtr d adoo s'hC1 be tor•trnenced by a Ctakilam tinder dtie Bond odwr than h It court of compstard .ion in the location to whk:h tte watt or part of tins warm Is located or atser tha esp'Wa4m of sit Oronew bent V * date (1) an %frith the dafnraw Qava the rtodw mgtitired by Paragraph 4.1 or Ctsuse 42.3 or R7 on wfiich ilia last labor or s*nA;e was Performed by anyone or the lost rnaledats or equipment wren furrJA4d by SAYO a under the Construction Contract: WNdlwer of (1) at, a) first recurs. it the pruvisiarn or trips Paragraph are ,void or prott%itld by law. the abinimurn period of lirn,i dm avvttabia to sunstim as a defense In the jiu&dlce'-xn of the suit shaft be ayplicaLie. 11. No0 ore to this Surary. 9ho Owner or the Contactor chat be mailed or donvwsd to the address speaf-ad or grown on ew slguture page. Acmai receipt of notice by Su-V. ow O~ or the Cemtraax. ttopever aetootnptetted. anal be wniciertt vm piwnae as of to date roceivad st t v address 0~ on Cte s4rA" page. 12, Where this bond bag been taWshed 10 comply what a stanrtcry or oCur legal r"tilrernent lot the beation where I he eonstroeden was to be poebemed. any provwon in ttds bad mac*v with led tttsttrstsry or I*g*i regtrrernent anal be deemed deleW twovl av rt and prcrvislana ow1wrWo to suet+ statutory er etl+er legal requirement anal be deemed Incorporated herein. 13. tlpol request by any person or entity appeartV to be a poundal benaridary of a*- Bond. d++ Contractor that premptty furnish a copy Cis goad or anal permit a copy to be mad+. 14. DEiIN1T1ONS 14 1 Clair wnc M Indrv{dual or *nCty having a dlrectoontraa WM die CoW3= orwith a aubconRactorof ft Conncw w fumtsh labor. ma!Arts!I or ocil- p iwa far uee k1 the perionnanca of tta Contras. The intent of this batd st►al be to include widrow Bnniradon h tie asnttb labor. rrtateriab or eq'prrwnr that part e(twatef pea, power. W heat, ON. Vasolne. telephone servlcs or rental equk)menr used in dw Construction Contract arthitacarrat smi a VIne e" seevieea tequlmd ibr Worn weA of"waft of the Cwk&Clx and the CorA setor s wbcontraetncs, aid aC other bum for whkh a owdlaWs den may be asserted is the JurIss:lrott where the tabor, rnatertals or equipment wets ttrrtllahed. 14.2 Construction contract The egnemert bahvwn a+* Owner and the Contractor b+datrified an be signatws page. Irtauclirsg at Cowed Doaumertts end changes ttarow. 1.4.3 Owner Debut Failure of the Owrwr, which hat itehher been ies, tied norwaived, to pay the Contactor As required by the Carssstnlion Ca ttrad or P? Fsrfam and complete or conVy *46 dse otter tenna ttnenof. BF-3D32(34M) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN BERNARDINO Ss. On SEPT. 12, 2000 -.before me,CLAUDETTE N. MARTIN, NOTARY PUBLIC t)ne N.rn• end Tift of orl .w le 9. 'J•n. ow, Na«y P%Pbk-) personally appeared DWIGIIT REI L-------------- ----------------- Nrroofs) o1 SVr•r(x) Pine "ary Sad Above N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person#) whose nameN) islX16 subscribed to the within instrument and acknowledged to me that heldtX:t,'it•?}r} executed the same in hislbdtl4iaTt authorized capacilyTjK§?, and that by hislh�-Xlf signalure(]Q on the instrument the person(p), or the entity upon behalf of which the person(tt) acted, executed the Instrument. WITNESS my hand and official seal. S"lure CO Wwy P%&C CLAUDETTE N. MARTIN OPTIONAL Though the Information below is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: PAYMENT BOND Document Date: SEPTEMBER 12, 2 Number of Pages: 2 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: MlIGHT REILLY ------------------------ * Individual Top of oxonb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General 91 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: AMWEST SURETY INSURANCE COMPANY 0 1997 NarwW Notary Aswdal-an • S M 0* Soto Aw., PO. Box 2402 • Chatsnonh. CA 91313-2402 Prod No 5907 Reorder. Cal Ton -Free 1-800 8 1¢9827 LIMITED POWER OF ATTORNEY.' Amwest Surety Insurance Company t...;r.,r;..., n.... nurern] POUERNUMBER nnnrnualo This da iment is printed on white paper containing the artificial watcrmarktd logo( A ) of Amwest Surety Insurance Company on the front and brown security paper on the tack. Only unaltered originals of the Limited Power of Attomey ("POA") are valid. This POA may not be used in conjunction with any other POA. No rrpresm136011s or warranties rega^ding this POA may be trade by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company') shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch c `lice at (RI R)21fi-5-AS3 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: Dwight . Reilly V. Martir ez H.J. Dueck E. Enriquez As Employees of Crosby Insurance, Inc. its true and lawful Attorney -in -fact, with limited power and authority for and on behalf of Ot Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings. recognizances, reinsurance agreement for a Miller Actor other performance bond or other written obligations in the nature thereof as follows. Bid &inds up to S1.000.000.00 Contract, Court & Subdivision Bonds up to $2,500,000.00 Licence and Permit Bonds up to S100,000.00 MIsce'taneous Bonds lip To S 100,000.00 Small Business Admistration itonds up to $1,250.000.00 and to bind the company thereby. T`iis appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. 1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska eorporat:on, DO HEREBY CERTIFY that this Power of Attorney remains in full fotpe and e!Tett and has not been revoked and furthermore, that the resolutions of the Board of Directan of Amwest Surety insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now in full force and eff.•ct. Bond No. 102008214 Signed &scaledthis12TRdayofSEPTEMBER 2000 Karen O. Cohen, Secretary ••r• wr+•r•••+•r•+ RESOLUTION'S OFTHE BOARD OFDIRECTORS aa■ •••r•waara•••••aa ra a•+aa This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a mceth-g duly held on December 15, 1975: F.£SOLVED, that the President or any Vice Pmident. in conjunction with the Secretary or any Assistant Secretary, may appoint attomtys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such atomey-in-fact or agent and revoke any POA previoust) granted to such person. F_FSOLVED FURTIIER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: { t when signed by the President or any Vice President and attested and scaled (if a seal be required) by any Secretary or Assistant Secretary; or ( :) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized snomey-in-fact or agent; or (A) -A hen duly executed and scaled (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. F.ESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizin r, the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the sane force and effect as though manually allixed. N WriNI:SS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 2P day of September, 1993. 15 John E. Savage, Presid t Karen G. Cohen, Secretary State of Califomia County of Los Angeles On September 25,1993 before me, Peggy B. Lorton Notary Public, petonaiiy appeared John E- Savage and Karen G. Cohen, 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 acknowledged to me all that he/she/thty executed the same in hislAerltheir authorized capacity(ies), and that by his/her/their zignature(s) on the instrunw, t the person(s), or the entity upon behalf of which the persons) acted. executed Ve instrument WITNESS my d and official seat. N S C/,q CownbilonCJ� iCattan�ia R4 0 '9y Signature (Scat) �r Notay W Cormier. E v n-- Aug 6. M • �'� DEQ14, n t-i 199S 0 +Z! bR�'SNda 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 CITY OF HUNTINGTON BEAD MEETING DATE: August 7, 2000 DEPARTMENT IMB& 0016 _a Council/Agency Meeting Held: !]"�� ,clL Goo . o Deferred/Continued to: Approved ❑ Conditionally Apr ved ❑ Denied mha -City erk's Signature Council Meeting Date: August 7, 2000 1 Department ID Number: PW 00-66 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION c SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS , SUBMITTED BY: RAY SILVER, City Administrator eW ,- PREPARED BY: RON HAGAN, Director of Community Service�fksj,-'r J cos^_ ROBERT F. BEARDSLEY, Director of Public F SUBJECT: AUTHORIZE THE AWARD OF CONTRACT FOR THE Ln CONSTRUCTION OF THE BEACH PUBLIC SERVICES CENTER; CC-1113 I Statement of Issue, Funding Sourco, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City reject the low monetary bid and award the construction contract to the second lowest monetary but responsible bid from the list of bidders who submitted seated bids to the Office of the City Clerk on .tune 20, 2000 for the Beach Public Services Center project, CC-1113? Funding Source: Pier Rebuilding Fund Account in the amount of $554,000. Recommended Action: Motion to: 1. Reject the low bid submitted by Temp -Air Heating and Air Conditioning, Inc. for the construction of the Beach Public Services Center and determine that the bid is non - responsible. 2. Accept the second lowest bid submitted by Klassic Engineering and Construction, Inc. for the construction of the Beach Public Services Center and determine that the bid is responsiblelresponsive. 3. Approve and authorize the Mayor and the City Clerk to execute the construction contract between the City of Huntington Beach and Klassic Engineering and Construction, Inc. in the amount of $489,500 for the construction of the Beach Public Services Center. 4. Authorize the Director of Public Works to expend a total of $554,000, which includes the contract cost of $489,500, estimated contingency of $45,000 and $19,500 in supplemental expenditures. " I RCA Award MCA= -2- 07127/00 2:52 PM REQUEST FOR COUNCIL ACTION MEETING DATE: August 7, 2000 DEPARTMENT ID NUMBER: PW 00-66 5. Approve a budget amendment from the Pier Rebuilding Fund Account in the amount of $554,000 for the construction of the Beach Public Services Center. Alternative Action[s]: 1. Deny the award of the contract to Klassic Engineering and Construction, Inc. and select one of the other responsible bidders. 2. Reject all bids and direct staff on how to proceed with the project. Analysis: The Beach Public Services Center will provide restrooms for the public on the beach, south of the pier. The Center will also house the summer beach police patrol as well as Community Services Department functions including surfing classes, volleyball program and storage for beach and Pier Plaza special events. On March 20, 2000, City Council authorized the Director of Public Works to solicit bids for the construction of the Beach Public Services Center, CC-1113. On June 20, 2000, bids were received and publicly opened by the City Clerk. The construction cost estimate for the project was $473,000. A total of seven bids were received and are summarized below, by order of least dollar amount:: 1. Temp -Air Heating and Air Conditioning, Inc. $467,677 2. Klassic Engineering and Construction, Inc. $489,500 3. Mesa Pacific Development Company $509,800 4. T.M. Engineering $550,000 5. U.S.S. Cal Builders, Inc. $588,000 6. American Restoration $615,000 7. M.J. Contractors $647,000 City Charter §614 provides that a public works contract in excess of $25,000.00 shall be let to the "lowest responsible bidder." The Department of Public Works in conjunction with the City Attorney's Office have determined that the low monetary bidder is not responsible for the following reasons: 1, Temp -Air does not propose to perform at least 50% of the contract work as required by Section 2-3.1 of the Standard Specifications for Public Works Construction. In fact, according to its bid, Temp-Air's listed subcontractors are set to perform 100% of the work. FICA Award SPSC.doc -3- 07127100 2:55 PM REQUEST FOR COUNCIL ACTION MEETING DATE: August 7, 2000 DEPARTMENT ID NUMBER: PW 00-66 2. Temp-Air's bid shows that it has not constructed similar projects for other public agencies within the past two years, as required by the specifications. A check of the references provided in the bid documents by Temp -Air demonstrated that Temp -Air has not had applicable experience in general building construction. The company president has verbally acknowleged this fact. Klassic Engineering and Construction, Inc. has indicated that it will be performing over 50% of the construction and references provided in the bid documents submitted by Klassic have verified Klassic's experience as a general building contractor. Therefore, staff recommends rejection of Temp-Air's bid and recommends award of the construction contract to Klassic Engineering and Construction, Inc. City staff has notified Temp -Air of the Recommended Action by mail. Communiiy_Services and Public Works Commissions Review: The Community Services and Public Works Commissions have approved the plans for the Beach Public Services Center. Environmental Status: This project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15302. Attachment(s): RCA Author. Mark Uphus RCA Award BPSC.doc -4- 07126100 1:21 PM ATTACHMENT #1 0 c� �-- z F r z �PR LOCATION' MAP N.T.S. ' INDIANAPOLIS ATLAN TA Beach Public Services Center CC-1113 City of Huntington Beach �- i ATTACHMENT #2 *. j, s4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-55 — Authorize the Award of Contract for the Beach Public Services Center, CC-1113 Date: July 25, 2000 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Authorize the Award of Contract for the Beach Public Services Center, CC-1113". If the City Council approves this request (total appropriation $554,000) the estimated unreserved, undesignated Pier Rebuilding Fund Balance at September 30, 2000 will be $419,000. J n Reekstin, Director of Administrative Services RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS/COMMUNITY SERVICES SUBJECT: AUTHORIZE AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE BEACH PUBLIC SERVICES CENTER; CC-1113 COUNCIL MEETING DATE: August 7, 2000 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff 7 _c, ( } Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk { ) EXPLANATION FOR RETURN OF ITEM: v C'3/,3 _ F- %AN , G MM.Set! 3/ -- �. -&APS LF1, DEN Council/Agency Meeting Held: 3 " 00 Deferred/Continued to: )ILAppmv ❑ Conditionally Approved O Denied ity dOSignature r!�7 — C2 I Council Meeting Date: March 20, 2000 Department ID Number. PW 00-25 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION 7n SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS S2:7 SUBMITTED BY: RAY SILVER, City Administrators �= PREPARED BY: RON HAGAN, Director, Community Services ° ROBERT F. BEARDSLEY, Director, Public Works�t' v SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE BEACH PUBLIC SERVICES CENTER, CC1113 Statement or Issue. Funding Source, Recommended Action, Alternative Actionisl, Analysis. EnvironmmMai Status, Attachrnent(s) Statement of Issue: Should the Public Works Department solicit construction bids for the Beach Public Services Center, CC1113, and authorize staff to advertise the project for bidding? Funding Source: Pier Fund, $554,000. Recommended Action: Motion to: 1. Approve the project plans and specifications and authorize the Director of Public Works to request bids for the Beach Public Services Center, CC1113; 2. Approve the attached sample construction contract, subject to award of the contract to the lowest responsive/responsible bidder. Alternative Action[sf: Do not approve the construction project and allow the public to continue using existing facilities. Analysis: City Council has directed staff to replace the building previously used by the Junior Lifeguard Program and the dilapidated modular restroom an the city beach with a new structure of equivalent size in order to meet the health and safety needs of the public who REQUEST FOR COUNCIL ACTION MEETING DATE: March 20, 2000 DEPARTMENT ID NUMBER: AUTHORIZE ADVERTISEMENT FOR THE BEACH PUBLIC SERVICES CENTER, CC1113 frequent the beach. The site of the Beach Public Services Center (BPSC) is on the sand adjacent to the Ocean Strand, approximately 28U south of the pier. The BPSC will be a single story, 1,652 square foot building. It will house unisex public restrooms (including a handicapped -accessible unit), police beach patrol, Community Services activities (including Marine Safety and volleyballlsurfing programs), as well as provide on -site storage for beach and Pier Plaza special events. Police and Community Services are currently operating within the existing structure. The new facility will allow better public service from the Police and Community Services. The BPSC is not impacted by Charter Section 612 because it was an existing facility prior to the passing of Measure C. The new BPSC will also be equal in square footage to the existing facilities, less than 3,000 square feet, and will not be leased or sold. The estimated construction cost for the project is $481,500. Plan review fees, inspection fees, construction management, supplemental expenditures and contingency increase the costs by 15 percent, bringing the total project budget to $554,000. Community -Services Commission Review: This project was presented to the Community Services Commission on January 12, 2000 and received conceptual approval. Public Works Commission Review: This project will be presented to the Public Works Commission prior to the award of contract and is presently scheduled for the meeting of April 12, 2000. Environmental Status: This project is scheduled for review by the Zoning Administrator on March 29, 2000. The review is followed by a ten-day local public appeal period, subsequently with a ten-day Coastal Commission public appeal period. This process could impact the project and any issues would have to be addressed prior to City Council awarding bid. If the project were appealed, the BPSC would have to go through the formal appeal process, which could take six months. Because of the numerous public complaints on the condition of the existing facility and the need to replace it, staff believes the project will not be appealed. However, if it were appealed, Council can reject all bids and rebid after the appeal process. In order to meet the Council's desire of having these restrooms completed by summer 2000, staff is recommending a fast track process. Aftachment(s): RCA Author. MPU.gc ATTACHMENT #1 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR PUBLIC BEACH SERVICES CENTER (CC-1113 THIS AGREEMENT, made and entered into this I day of 2000, 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." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Public Beach Service Center (CC-1113) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner lmpWagree/1omvcon-sam1=D0 1 SAIM PLE shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITI"s standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California Implidagreeffomdoon-sam 3WO 2 SAMPLE chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A" ); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. in case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion JmpWagree1form/con-samrW2M0 3 SAMPLE 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 other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and ail changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. jmplk/agree/iormlcon-saml3/2100 4 SAMPLE When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work. services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials fumished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or jmpndagreetiornUcon-sanV 2100 5 SAMPLE structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGESMELAYS 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 days delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. jmp1Wagree►tomvcon-samKJa D0 6 SAMPLE PLE CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shatt be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. jmp/Vagree/fomdc0n-sam13r2= 7 SAMPLE PLE 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents-, or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materiatly so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No clam of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may. at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in Jmp/ Jagree/formloon-sam/3r2M 8 SAMPLE PLE price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit impWagreefform/con-samr30M 9 SAMPLE PLE therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. jmplklagreelform/con-saml3rZ= 10 SAMPLE 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100.000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including prod uctslcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. 1f coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be Imp/k1agrWorm/con-sam/3/2/00 I 1 SAMPLE 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 INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: 'The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. Jmp/k1agree/fomVcon-sam/3r2= 12 SAMPLE 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer. convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 of seq. jmpWagree/rormlwn-samr3WO 13 SAMPLE 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (S100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1 324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to ImpWagree/form/con-saml3/ O 14 SAMPLE Huntington Beach City Charter Section 309. the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR By: print name ITS: (circle one) Chairman/President/Vice President s.e By print name ITS: (circle one) Secretary/Chief Financial officer/Asst. Secretary -Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works - jmplk/agree/formlcon-samr,3W00 15 SAN I PLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR PUBLIC BEACH SERVICES CENTER (CC-1113 TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEES 15 32. ENTIRETY 16 1mp,'L'agmeform'con-sanV3.T00 RCA ROUTING SHEET INITIATING DEPARTMENT: RS _.f_C U1I�O�RdKS/COMMUN�ITY�"�S`ERVI'C S SUBJECT: AufiHORIZE ADVERTISEMENT FOR THE BEACH 'TQ.0LIC SERVICES CENTE�tZM_n 3T1 COUNCIL MEETING DATE: RCA ATTACHMENTS -STATUS:: = Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if a licable Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Si ned in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form Py City Attome 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 applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED : ti RETURNED FORWARDED Administrative Staff 3 - 9' V to ' Assistant City Administrator Initial ' City Administrator Initial 40v City Clerk EXPLANATION FOR RETURN OF ITEM:: COPIES TO: v 1 f I r Front Desk Engineer City Clerk .BEACH PUBLIC SERVICES CENTER CC -1113 June 20, 2000, 2:00 PM (Engineer's Estimate: $473,000) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. American Restoration 2. Dinalli Construction, Inc. ;. ]Classic, Inc. Q. Mesa Pacific 5. M. J. Contractors � $ i�5�/ �a `?" 04 6. Parker Pacific $ 7. Parsons Construction $ €. Temp - Air / l $ 4(6 -76 ! -7 0. T. M. Engineering $ 10. U.S.S. Cal Builders, Inc. � $ 1I. $ 12. $ 121oav2o COPIES TO: Front Desk Engineer City Clerk BEA CAI PUBLIC SERVICES CENTER CC -1113 June 20, 2000, 2:00 PM (Engineer's Estimate: $473,000) BID LIST A112P' BIDDER'S NAME RANK TOTAL BID AMOUNT 1. American Restoration S 2. Dinalli Construction, Inc. S 3. Itlassic, Inc. S 4. Mesa Pacific 5. M. J. Contractors S / (� 6. Parker Pacific S 7. Parsons Construction S 8. Temp -Air 9. T. M. Engineering S 10. U.S.S. Cal Builders, Inc. S S oro-b 11. S 12. 5 1210800 Ci I Y # Lr kl, CITY Of HUNTINGTON BEACH, CA ZT20 JUYR L 0 ! 2' 0 0 10 -z d 07 j#r;r £jor V31437301 I?D1r'iiI1NnH jQ A.I.Io PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; l am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of gtneral circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: June 1, 2000 June B, 2000 June 15, 2000 I declare, under penalty of perjury, that the foregoing is true and correct. R Executed on June'-15 2000 at Costa Mesa, California. NOTICE E�NYITING SEALED BIOS for the Bich Public Servlen Cww CASH CONTRACT NO. 1113 _C OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that III CITY OF HUNT. InGTON BEACH, as AGENCY. invites sealed fills for the above -hared III a -id wil recowe .srd, Dille in the office of the City Clerk. Second 51`13or, 2000 Man Street. xninglon Beach. Cali- .bn3 92548. up to the ,*an of 2-00 pm. on ne 20. 2000. Bees vrill Sf pubfbc y open in the uwicit Chambers un- °ais otherwise pos!ad. Copies of the Plans. 5ieciiicat ens. and cols 1raC documents are .al.arfable Aram the OKcs of the Di -actor of Public 'Work$. 2000 Main Street. Huntington &rich. CA gmm. upon rent of a $35.00 fundable fee If *ad up, or paymenl of 11a .S45.00 nonrefundable flea it ma fed. 1 •any-wrtuact entered ...Wo pursrtant 10 this no - Ike wru lncorporafe fine 'prrnisions of the State rrbor Codo- Pursuant to rthe provsions of tine La- i bw Cade of the State of '_Glni'omia. the minimum prrnainng rate of per ttrem wGges for each Craf , door Cal•on Or ty,e of workman needed to execute the contract Shah be those de- terrrined by Cie Director of Industial Petal o m of the State of California wvdr are on No of II O'fice of the Director cl PJDIic works. 2000 Main Street. Huntington B3a�h. CA 92648. The AGENCY will de- duct a 10% retention tr:lrn all V- wants. rogesspaor Ray substitute an escrow folder surety of opal Value to the (OWN- 6)n in accordance witli Ca provtsioris of the Cai- ..—...a Government Code. Section 4590. The Contractor ahI be b3netraal owner Of the :Xety and Shan receive iy Inferest thereon. The AGENCY heresy bfl.rmatireti ensures that minor.y business that will be at - forded full cppoAunity b -sut,mt boo in response to this notion and win not be disaimira'ed isorist on Ifie ba :is of race. cola, national oni;tn, anceslly. set. or relig•on in --any - consideral on II to the award of contrast. No Did shall be Con- sider@J uprose 8 is prepared on the ap- proved Proposal for*ns h OOntonnatce with the IMIUCtlona b Sodden. Tie bid 1'1USt be ac- oorvar by a certif.od Sheen. Castzrl Check. or bidders bond made pagable to the AGENCY }or an amcurn no less that 10% 0• the amount bid. The Suxtssfut bidder sha7 De Ilovnsed in as Corjanoe wI provisions of the BLo ness and Professions Code and sh£II possess a State Coitractar's L1Cense Class at Ito time this Conrad Is awarded. The successful Contractor and file abcontractors will be required to posses- business licenses from the AGEN-_Y. A anaindwory pre -bid meeting and walk- thrngh of tre site will be hekJ oil June 13. 2000 at 10 30 a m. (meet on ate), for the purpose of reviewing tId docu- treits. receiving bddar QuestiI and reviewing the ate. Pursuant to the awlgrided Public Corr tract Code reetion 3400. Contra-tws are now ro- qul�e9 to submit all sutsuhilion requests for eql al M lariats or Sys- lerria prior to award of Cie conlracl during a pe- tfoo apeafiei in the bed documents. NOI oubetitulton requests . wlft be considered af- ter awerd of the Cot, - tract. Project Diiscription: Th,) Frei ect consists of the der:d.onlremoval Of existing structures aril ire corstntcbon of a new Saa)ll Services Center Blildrng, new corlclote pSring. new Sold Walt;., new ma sovy walls, palm tree plintipg eni trrrga'ion • The proje•t Schedule Is one fiundrei (100) rrrk- k1G days. • r ne angina-s asn- mate for the work kr Ouded In the eontraI is 3473.000. k AA Questions shah be� direclei to: Jaynes R_ Puirei Purkras•Rose II I Phone (714) 8713638 Fax (714) 871.1188 The AGENCY fe- sent" the fight to MIKt, "Or 611 bids. to wore' any Irre3ulanty anc to take a!l bids under advisement for a maxirit Kati period of 60 days_Y BORDER -of the CiTY COUNCIL of the CiTY OF HUNTINGTON BEACH. CALIFOFINIA, the 2Cth day of March 2000. Ai%M Connie ' -Arrickwa CITY G1( OF THE - Cf1Y OF Hlit4TINGTON REACH Publisred Huntington Beach -Fountain • Vaiay Independent June is, 20M 061-583 Pbhslxc� 6-1-pC SECTION A NOTICE INVITING SEALED BIDS for the Beach Public Services Center CASH CONTRACT No. 1113 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on June 20, 2000. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a $45.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no 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-through of the site will be held on June 13, 2000 at 10:00 a.m. (meet on site), for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after award of the contract. Project Description: The project consists of the demolition/removal of existing structures and the construction of a new Beach Services Center Building, new concrete paving, new sand walls, new masonry walls, palm tree planting and irrigation. • The project schedule is one hundred (100) working days. • The Engineer's estimate for the work included in the contract is $473,000. All questions shall be directed to: James R. Pickel Purkiss-Rose RSI Phone (714) 871-3638 Fax (714) 871-1188 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 20s' day of March 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 KLASS/C Engineering & Construction Inc. LORA L - SHIRALI VICE PRESIDENT OF DESIGN & OPERATIONS office: (714) 2B9-2644 fax: C71432B9-02BB CA # 759241 U. CsI CA fT i t IC3� ��•L - F _ Ly �- -- v Bid For: Beach Public Services Center Cash Contract No. 1113 City of Huntington Beach f "• s 1 - - a r - _ . , _ • ?' ' '�, • - Yam' `. _ . - , ••}fY f�wi4 a!_• `YY SECTION C PROPOSAL for the Beach Public 5er%ices Center from CASI1 CONTRACT No. It 13 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF TI IE 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 fife in the office of the City Engineer of the City of I Iuntington 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 I tuntington 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 Did 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 *at 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 ofwork satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM TI1E CONTRACT. It is agreed that the unit And/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 14 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 Bidders_ }n the amount of S 4 8 , 950 • "Which said amount is not less than 10110 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: AddetOa No ' Date Received I No. one I June 15, 2000 1 1 V),U ,i' 141 Vt/1�%�- 0 1 C-2 06/15/2000 08:24 FAX 10001/001 City of Huntington Beach Public Works Departmnt 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 i•• JUN 15 nr oo ADDENDUM NUMBER ONE For BEACH PUB IC SERVICES CENTER CC-1113 June 15, 2000 Notice To All Bidders: Please note the follovring revision to the Project Plans, Specifications, and Technical Provisions: The Demolition Legend Hardscape and Landscape Note 2 of plan sheet D-1 shall be revised to say, "Remove existing building and footings'' In keeping with this revision, Note shall be removed from the restroom trailer on the plan. The restroom trailer will be removed from the site by City forces. As a clarification, the lower right corner of the plans indicates there are 36 plan sheets. There are actually 37 plan sheets. This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of 0-�lC/ Company Name - (A I (f �r� Date um Num dated J 13, 2000. All bidders must acknow+edge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call at (714) 374--1735. G- Cwa:nx4 Ca yn= (CC%)=11TrCOmos DUAA1113 addendum 1.doc PROJECF BID SCHEMM;C Beach Public Services Center 285 Pacific Coast Ifighway, Iluntington Beach CAST I CONTRACT No. 1113 TOTAL AMOUNTLUMP SUM ©ID IN FIGURES: $ 489,500.00 TOTAL AMOUNT LUMP SUM BID 1N WORDS: Four Hunred, EightyNine Thousand, and Five Hundred Dollars and no cents. C-3 RLASgIC ENGINEERING & CONSTRUCTION, INC. Project I�o' CO-1 13 Know All Peniona by These Presents THAT WB KLASSI'C ENGINEERING & CONSTRUCTION, INC. as Principal, end AMWEST SURETY INSURANCE COMPANY S as Surety, are held and thyrily bound unto the Trustees of the Californla State University hot re fret Balled the rrustees, in the penal Ruin of TON PSLt,CW1 l (1,0%) OF THE T01 AL AMOUNT OF THE BID of the Principal above named, submtted by said Phrcipal to the said Trustees for the work di%scribed below, for the payment of which sum in lawful .honey of the United states, well and truly to be made, we bind ourselves, our heirs, executors, ttdniinistrators and twxassors, jointly and severally, firmly by thow presents IN NO CAMP shall the Lability of the Surety hcreundor exceed the sum of 10% of Bid THE CONDITION of this obligation is such that. WHhP,EAS, the Prji}cipal;has submitted the "von -mentioned bid to the Trustees for cprtain construction specifltaily daKribed as follows, jor.vhich bids aspioboopened et_Council Chan„ Lyra ai- i^i t3 -off Huntington Joaagh Tuesday, �u�� 70 at_ ,-�for contract 120_ ('S'_ 11 '1 . Beach Public Services Center. Prujeot 'Description 1 story above grade, total floor area 3r058, install wood framing masonary walls. roof coveringr gypsum board partitionsr etc... Huntington Beach; Pacific Coast Highway. (RX&O dwaiptenri of work *sA l"ation as given in thy p,opxral) NOW, THEREFORE, if the eforesaid Principal Is awarded the contr rtt, and, within the time and manner required under the specifications, after the proscribed forms are presented to the principal for signature, enters into a written contract, In the prescribed forth, in accordtr m with the bid, and files the two boAds with the TruFoos, one to guarantee faithful parfarmota and the other to guarantee payitmnt far labor and materials, as roquired by law, them this obligation shall be null and void, otherwise, it shall bit and fomain in full forte► and virtue In the event suit is brought upon this bond by the Ci lips and judgment is rproviired, the Surety shall pay all costs incurred by the Obligee in such suit IN WITNESS W49RR90F, we have kwret,nta sot our hands and Fxals an itus 16TH dpy of DUNE N 0 0 KLASSIC ENGINEERING & CONTRACTOR CONSTRUCTION, INC. AS PRINCIPAL. (SEAL) AMWEST SURETY INSURANCE SURETY COMPANY 330 N. BRAI&*t3., SUITE 550 GLENDALE,_G_A 91203 CMAL) (Addrecx) tJIGHT REILLY, ATTORNE-IN-Fz1C'�' Btgnetures executed in behalf of die Omwty must I* prnlx•rly acknow BLd awn_ �uctlemyvlgatt , rD3 b911 t /vst E0 39tid 9NI 9ISSti-1>1 88ZO68ZOILT tb 11 000Z/q1/qR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino ss. C)n JUNE _16 2000 , before me, Susan Pugh, Notary Public Dote Nacre 04 ree a O,wa.1• S.'jw* Doe. hoary PLew-) personally appeared _Dwight Reilly ------- ---------_`----- ,--- keow.) a s-74K.r a � I M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(x) whose nameW) is/= subscribed to the within Instrument and acknaMedged to me that helms executed the same in hislbet&beir authorized capacity(br34, and that by hisA)eA signature(s) on the instrument the person(31, or the ertity upon behalf of which the person(} acted, executed the instrument. WITNESS my hand and o Icial sc . Pt" Nohn Sir Abo" sq%rkae o1 Now P,o.c SUSAN PUGH OPTIONAL Though the information be ow is not required by law, x may prove valuable to persons relying on the document and could pfeverd flraudulent removal and mattachmsrt of this form to another document Description of Attached Document Title or Type of Document: Document Date: JUNE 16, 2000 Signer(s) Other Than Named Above: None BID BOND Number of Pages: 1 Capacity(ies) Claimed by Signer Signer's Name: Dwight Reilly -------_---- +--_--_ _____ ❑ Individual zoa o1 V9.0,W hVe ❑ Corporate Officer — Tire(s): ❑ Partner —❑ Limited ❑ General E Attorney in Fact s ❑ Trustee ❑ Guardian or Ccnservator ❑ Other. Signer Is Representing: M WEST SURETY INSRUANCE COMPANY -..�r�r�r�r�•r.:w.�:.'+;�`A";.i....r�r..iK•i'!.:^:+i^:��:i"�i 3 �� Sri.'�=.ri•:h':►i!iDi•:.i�•f!�rlr�:•a�','S.i"':lr:`i"'+J= i'�•i .*.•:+f�:'��17 e 1997 heftrw Nary A.exailwn • IM Do Sao Ara.. Po. do. 242 • C?Otvwwft G 91]1}24= PM& 1b, 99C7 Rwrw Cad Tame 140D476MV LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company This document is printed on white paper containing; the artificial watermarked logo ( A ) of Amwest Surety Insurance Company on the front and brown security paper on the b,.ek. Only unaltered originals of the Limited Power of Attomey ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is govemed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Contrany (the "Company-) shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distribute i without the permission of the Company. Any party concerned about the valid ty of this POA or an accompanying Company bond should call your local Amwest branch office at .0118a46-5353 KNOW ALL BY THESE PRESENT, that Amwest Surety insurance Company, a Nebraska corporation, does hereby nuke, constitute and appoint: Dy Ight . Reilly V. %lartinrt H.J. Dueck E. Euriquts As Emplo.ees of Crosby Insurance, Inc. iti true ant lawful Attomey-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds up to $1,000,000.00 Contract, Court & Subdivision Bonds up to $2.500.000.00 Uctuse. and Ptrualt Bonds up to $100,000.00 Miscellaneous Bonds Up To $100.000.00 Small Business Admistration ponds up to $11250.000.00 and to bin' the company thereby. This appointment is made under and by authority of the by -Laws of the Company, which are now in full force and effect 1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney terrains in full force and effect and -us not been revoked and furthermore, that the resolutions or the Board of Directors of Amwest Surety insurance Company set forth on this Power of Attomey, and aat the re'rvant provisions of the By -Laws of each company, are now in full force and effi.CL Bond No. N /A Signed & seale,i this 16T11y or JUNE 2 0 0 0 Z�_ Karen G. Cohen, Secretary •••av ••••••ww•r•+ RESOLUTIONS OF THE BOARD OF DIRECTORS ••••+••••aa••••••• s a•• a•••a This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Am%%vst Surety Insurance Company at a meeting duly held on December 15,1975; RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with utthority a; defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any POA previousl} granted to such person. RESOLVED FURTHER, that any bond, undertaking. recognizance, or suretyship obligation shall be valid and bind upon the Company: (il when signed by the President or any Vice President and attested and scaled (if a seal be required) by any Secretary or Assistant Secretary; or (it) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agu nt; or (ini) when duly executed and scaled (ir a seat be required) by one or more ationeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power orattomey issued by the Company to such person or persons. RESOLVED FURTiIER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or cer ifncation thereof authorizen_ the execution and delivery of any bond, undertaking, recognizance, or other sureyship obligations of the Company; and such signature and seal when so used shall have the same forte and effect as though manually affixed. Rl WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 2.56 day of September, 199g. 45 John E. Savage, Pmidcf t Karen G. Cohen, Secretary State of California County of Los Angeles On �eptembcr 25.1999 before mc, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) Ware subscribed to the within instrument and acknowfcdged to me all that hdsha'thcy executed the same in h-;Iherltheir authorized eapacity(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 1te instrument. WITNESS my d and official seal_ + Signature (Scat)+ ArtQlilr UOP _ R 9 , ;y Pubic — Cdttotrtio j: 2 �� m { CGLEVY My Comm boLW A G 6.19'PPCo. DEC14 r r1995 )n 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Port}oar of k vrk -Name Of Subcarrtraclar cued A exs > " f fr , 'y :6 s s t °S�ar� i tcc Na1►rn r' b t Class r HVAC ° ncanEa, San Clemente, Ca. 745253 C-20 Plum. Valco Plumbing Inc. 11861 Cardinal Cir. Ste. F Cardei Grove 26958 C-36 Elec. Mrk Electrical 12 W n ate Irvine, Ca. 92606 579393 C-10 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 . ..•.��eR .....r.•e•���•. •wrN.ni r�rs r.'•ww n•�x�v,..n.�=ne...w-m. pn-,,.+Nx�n�: pan-�- r�-•..-- - --- -- LIST OF NTNDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. ..5 F . ...... -{.:-°Addr6 sa Offi I " f Rebel Rents 142..W. Missi n_(760) EnQJnj?as. 23P_ l AlEguipment Renta Robertson's Buren (bUU) MvoeVranside, 7EF. �OOJ E MFddn 24 an a Anac ae , Cement r Cement/Sand, Etc... Standard Angelus Block main a 0 n7e, 135,94 Masonary Products Katella Luml:)e �7� IZI KaLella 6range, (714 Lumber Products '7TTT-E. Westside Howell (714 Anaheim, Buildinq Materials Harbor Elec. '�Santa 32U3 5. Ht114) AIJ4 - arbor Ana, 2800 Electrical Products Todd Pipe 13591 Harbor (714) 638- Garden -Grove,, 4442 Pipes & Supply Pacific.Roof uPPLY, 675 N. Batavia (714) Orange, AN Roofing Materials C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED ` ITII BID State of California ss. County of Orange Lora Shiralibeing first duly sworn, deposes and says that Al or she is Vice President of Klassic Inc. 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. Lora L. Shirali Vice President of Klassic Inc. 681 S. Tustin Ave. Suite 0 204 Orange.Ca. _92866 _ ^ Address of Bidder Subscribed and sworn to before me th'ss / 4? day of ��i f_, 3-9 q a . NOTARY PUBLIC NOYrARY SEAL _ a�srr� a�sra� Cc�rrt n A 12=1a Nalay PWZ CCgfnnj cwngo cowly C-6 MY Comm UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCII, CITY OF HUNTINGTON BEACH, CAIJFORNIA Gentlemen; The undersigned hereby promises and agrees that in the performance of the work specified in the Contract, known as Beach Public Services Center, (1Xwe)(i1)will employ and utilize only qualified persons, as hereinafter defined, to work in proxiatity 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 ha2ards involved." The undersigned also promised and agrees that all such work shall be perfortned 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: June 19r 2000 Klassic Engineering & Construction, Inc Contractor y Keivan Shirali Title president CEO C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Ilas 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 19 No Mite answer is yes, explain the circumstances in the space providcd. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1961 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. Klassic Engineecinq & Construction Inc Contractor By Keivan Shirali President / CEO Title Date: June 19, 2000 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name .Klassic Engineering & Construction, Inc. Business Address 681 S. Tustin Ave., Suite #204 Orange, Ca. 92866 7(� 19 �289-2844; (714)289-0288 Fax. Telephone Number 759241 Ca. Class A & B State Contractor's License No. and Class February 18, 1999 Original Date Issued February 28, 2001 Expiration Date The work site was inspected by Keivan Shirali Pres/CEO of our office on June 13 ,ly 2000 The following are persons, firms, and corporations having a principal interest in this proposal. Keivan Shiral.i President / CEO Lora L. 5hirali Vice President / Secretary C-1 I The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Klassic ptfglneerinq & Construction, Inc. Naih6--/— 1 - -- re Signature of Bidder Lora L. Shirali; Vice President Printed or Typed Signature 681 S. Tustin Ave,, Suite N 204 Orange, Ca. 92866 Address of Bidder 7( 14-) 289-2844• 714 289-0288 Pax Telephone Number Subscribed and swam to before me this day of NOTARY PUBLIC INDjd-��t� NOTARY SEAL Cor —*3n f 1=ri18 x i- '7 NORar,► Rbr�--ca'1nr1ia 3 C-12 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: California State University at Los'Angeles l 5151 state University -Or. Los Angeles, Ca. 90032 Name and Address sharab Name and Telephone No. of Project Manager. S i nq h t- 3 2P 3 4 3- 5 7 8 3 C/0's Remodel of Fitness Center.. ,une 9, 2000. Contract Amount Type of Work Date Completed City of Long Beach; Parks & Recreation Dept. 2. 333 Ocean Blvd. lohq Beach, Ca. 90802 Name and Address Name and Telephone No. of Project Manager Phillip d? 3 B 24,terson(5k2) 62$-91$6 635 K + C/O's New Construction of Recreation Facility. 11-00 Contract Amount Type orWork Date Completed City of Orange Parks & Recreation Dept. 3. -2,30 East Chapman Ave. Orange, Ca. 92866 (714) -744--7272 Name and Address a Jessie Name and Telephone No. of Project Manager: Garcia (.714) 744-7272 235 K + C/O's Picnic Shelter Upqrades throughout city. 12/98 Contract Amount Type of Work Date Completed C-13