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HomeMy WebLinkAboutEMAE INTERNATIONAL, INC. - 1999-06-21M ONTIER PACIFIC INSURANCE COAMANY (a Calltomia Campany) Bond No. 11-224-006 BID BOND The American Institute of Architects AIA Document No. A310 (February,1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we T&M Construction as Principal, and Frontier Pacific Insurance Company, •4250 Executive Sq#200,La Jolla,CA92037 a corporation duly organized under the laws of the State of California as Surety, are held and firmly bound unto i City of Huntington Beach as Obligee, m the sum of Seventy Thousand ---------- ---------------------------------------- Dollars ($ 70, 000. 00 ). for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Huntington Beach Pier Buildings Tower Zero and Restrooms, per 883. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient suretyforthe faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or In the event of the failure of the Principal to entersuch Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another partyto perlorm the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3rd day of June 19 gg T&M Construction (Principal) (SEAL,) C" Timothy Early (T' ) Proprietor FRONTIER PACIFIC INSURANCE COMPANY (Surety) (SEAL) • (SEAL) Blake A Pfister, Attorney -In -Fact FM 19-1187-FP (21931 w•�e,s•�•a•w •! I t l! I l l t i. 1 1 1 1 R I 1 1 1 1 1 i 1 1 1 1 t 1 I l l s i l 1 1 1 1 1 1[ I sts�:aisz:_�:�i..__st:_it:.lt::�t _�►:�ts� :it':�t.:lt:.L�:�t:�t::Sl::St: �:.1�.�::�t:.lt:.�::lt.:�:u:.�l:.�t: u:�t::�:�:u::�i:u: �t::u:�if::u:.�!'il•'lha� =RofriER � � �=`�= a �_- - = = z r INSURANCE COMPANY (a California Compony) 4250 Executive Square, Suite 2CO, La Jolla, California 92037 POWER OF ATTORNEY Attached to 11-224-006 f:now o4ff Wen Ty (C-7fjese %iresellts:That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office In La Jolla, California, pursuant to the foticwing resolution, adopted by the Board of Directors of the Corporation on the 15th day of November.1991. 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity, and writings obligatory In the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power ofAnorney or to any certificate relating therwo by facsimile, and any such Power cf Attorney or certificate bearing such facsimile signatures or facs?mile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of Indemnity or writing obligatory in the nature thereof; 'RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may Insert in such certification the date thereof, said date to be not later than the data of delivery thereof by such Attomey-in-Fa- ' This Power of Attorney is signed and sealed In facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: BLAKE A. PFISTER of Irvine , in the State of California its true and lawful Attomey(s)-in-Fact with full power and authority hereby Conferred !nits name, place and stead to sign, execute, acknowledge and deliver In its behalf, and as Its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelir/ of persons holding places of public or private trust. guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by taw allowed; INAN AMOUNT NOTTO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as It such bond or undertaking was signed by the duty authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n Witncss TOF]crco f, FRONTIER PACIFIC INSURANCE COMPANY of Le Jolla California, has caused this Power of Attomey to be signed by its Vice President and its Corporate seat to be affixed this 23' day of Judy • 19 9S FRONTIER PACIFIC INSURANCE COMPANY r4- w'�*, s qua• as a STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) July 23 1998 DAVID E. CAMPBELL• Vice President On before me, N. Ortiz, personally appeared David E. Campbell, personalty known to me or proved to me on the basis of satisfactory evidence to be the person whose name Is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal K� rCXlrrdrdsftn#11?= SCM� " f �+ry coR,fn. BOU AAQ a goat Signature of Notary Public U 1, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing Is a lull, true and correct copy, is In full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 1 S 1 day of June • 19 9 9 f Joseph P. Loughlin, Secretary FFM19-500291P (1119e) M 1 SECTION C 19810141-IfIR for the I1UNTINGTON BEACII 11117-1Z I3UlI.DINGS ;'POWER ZERO AND RESTROOMS 1. from CASK CONTRACT No. SS in thz CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNITNGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. GI 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 writhin 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 id god in the amount of $ 70 • 0�hich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received, Bidder's Signature OV C-2 PROJECT BID SCHEDULE I luntinLaon Beach her Buildings (' olwr Zero and Kcstronms)� CASH CONTRACT No. 883 TOTAL AMOUNT LUMP SUM BID IN FIGURES: TOTAL AMOUNT LUMP SUM BID IN WORDS: ✓e r �y�G[ ��GL r / � S'P✓t h Z G3 �1po. ;;u_ L LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name of Subcontractor and Address State License Number Class S,44 GfQsS l %Ys.e— (5;4sr A�W6 A6,1,1/ �^1�,-K -74131,0y L .-s ,G PY, 1. 2 15-3-Dwly{ 1d't- /4--4, yob 33s p1u.��, C'�rsc� ` , 902S y4.e Ac- a� 15Irchor.1/ Cry rcfr c �31L yifly, % ,C'..Q 330 % r $4ee f C S{� 1'�u•�nv��i`9 7S rl7 3 8 1434r Rs e /0( 7 Colo-, g05'873 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing, 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF NTNDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Name of vendor Address of Office and Telephone Number Type of Material or Product and Model(s) Number(s) V17A 1Lrn lx,- &'151d SIDo ir-cl 7 —6IN 1�...�.- [ -swce �13J ( H•' "� / �M7 rLJ� C`_d /"' (yS®if 174.�.IY/ /AM.. / Pas C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange �i� ��•i , being fast duly sworn, deposes and says that he or she is OcviEr of 'r, rgts&C the party making the foregoing bid that the bid is not made in the interest of, or L 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. 1 Name of Bidder . r-z-- Signature of Bid Rea lee ,� /y`/ i�i�.I e 91�3, Address of Bidder Subscribed and sworn to before me this day of Jy,' e, , 19 `� Q NOTARY PUBLIC NOTARY S DAN R. CORDERO COMM.-#120707$ a NOTARY Fueuc • CALIFOFWIA C-( Ca BAN BERNAR>)INO COUNTY Nay Comm. &PIMS Jan. 7. 2003 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 Huntington Beach Pier Buildings, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: �t / F 6n�rfrCTiVA Contiactor By Title WA 0f__" ce- DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No 11) 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 Iiability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I %}ill comply with such provisions before commencing the performance of the work of this contract. i`iyt t�o�r57ti•ic�i� Contractor By Title Date: 6' 3 — T 40cw mt.r UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 42I 6142I 7 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identifrcation Number: CisS7�i�s.�114A Contractor 6-2� By ar- Title Date: 6-3-9g Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address 41A C/- 9�73 4r. 01 Y0�6/ —9-9 s8 Telephone Number ysW s-73 13 State Contractor's License No. and Class /58y Original Date Issued PU' �?Ow Expiration Date The,%vork site was inspected by �'+„�'i _ of our office on The following are persons, firms, and corporations having a principal interest in this proposal: �U C-11 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. ame Signature of l� X Printed or Typed Sign tore Address of Bidder ( c/09 ) W-6-s9 8V Telephone Number Subscribed and sworn to before me this day of JJ4 NOTARY PUBLIC �,.• DAN R. CORDERO er COMM. #1207079 `T �xs¢ NOTARY PUBLIC..CALIFORNIA SAN BER,WDNO COl%N1Y • MY Comm. EXPI MS Jan. 7, 2003 NOTARY SEAL 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: 1. Name and Address Name and Telephone No. of Project Manager: 4.1 e!q 9 .787-209(a 7lD�oea.,VD (dw� H,e-- �c►..,.1�/ .�-3o'g9 Contract Amount Type of Work Date Completed z. Name and Address Name and Telephone No. of Project Manager: Sap, ro- Xr'om 3�—s3o3 7D, ocp, 00 UI5J,,i4 �erw Ae,1! Contract Amount Type of Work Date Completed 3. /'�[/ O `y' J �ivt �Piit a.�G�/ k,� P'. blz Name and Address Name and Telephone No. of Project Manager: Sl�ve " 66 so oofl Contract Amount Type of Work Date Completed C-13 i A&U,commuclm WMM1737 C1T�l"U C�. K CITY OF HUNT:HGTOt BEACH. CA " Jai - 3 p I. ".1 444 THE AMERICAN INSTITUTE OF ARCHITECTS 9 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Platinum Construction, Inc. 24532 De! Prado, Dana Point, CA 92629 Were inset cull name and address or legal We of Contrsoorl as Principal, hereinafter called the Principal, and Frontier Pacific Insurance Company fHere insert Suit name and addrns or legal tide el Suretyl 4250 Executive Square, Ste. 200, La Jolla, CA 92037 a corporation duly organized under the laws of the State of CAUFORNIA as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Huntington Beach (Here insert full name and address atlegal till* of Owned 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount Bid Dollars ($10% of Bid ), for the payment of which sum well and truly to be rrade, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 4{er* inur; full name, address and dexriplion or projecn Huntington Beach Pier, Tower Zero and Restrooms, City of Huntington Beach, CA NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and Eire such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and Give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 3rd day of June 1999 latinum Construction, Inc. (principal) (Seall (Title) Frontier Pacific Insurance Com an -�Al 'r (Surety)— 5u—refit-y+) ;Sea," (Wirrtess) cr BY, 1� (Title) Brook T. Smith, Attomey-in-Fact AIA DOCUMENT A710 - RID BOND - AIA 0 - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 17is N.Y. AVE., N.w., WASHINCTON, D. C. 20006 1 0 Pnn1edonRecX1edAzP- 9113 =RONreER INSURANCE COMPANY (A Califorma Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY Nitah, ill M vii Litr Tliesv 13resVHtS: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in - Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: JAMES T. SMITH JOHN B. MANUS ROGER A. NEAL of LOUISVILLE RAYMOND M. HUNDLEY BROOK T. SMITH in the State of KENTUC KY its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. Alltt " 30, itttcss 311liervd, FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this day of , 19 FRONTIER PACIFIC INSURANCE COMPANY Ly DAVID E. CAMPBELL, Vice President r STATE OF CALIFORNIA) `" COUNTY OF SAN DIEGO) On before me, Treva Kensler, personally appeared David E. Campbell, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal TREVA KENSLER Q Commission # 1045661 Z Z Notary Public — California Z Z San Diego County D My Comm. Expires Nov. 26, 1998 pe Lt2�E� Signature of Notary Corporation Acknowledgement I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify thatthe original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 3M day of June _ 1999 =ter =pis"0 Al *,Fog,*,r Joseph P. Loughlin, Secretary FM19-5002A-FP (12/96) """"" W-12925.12: 96-10M SECTION C PROPOSAL for the I IUN1ING] ON BFACI-I PIF-�R 13UIL DINGS I OWER ZERO AND RI;S I:ROONIS from CASH CONTRACT No. 88 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL, OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein, described, and to furnish all labor, material, equipment and incident insurance, necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City' of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise 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. Accompanying this proposal of bid, find Mk'Ll Ural in the amount of $ 5 O I.°° which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature S ,27j9 t,11Z if C-2 PROJECT BID SCHEDULE Huntington Beach Pier Buildings (Tower Zero and Restrooms) CASH CONTRACT No. 883 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ 6$ 0 j D 1 to TOTAL AMOUNT LUMP SUM BID IN WORDS: F ve- k�tjdred /A vs Niae. {-s,'x Qo �1i�-r�'S P %A 5e. f v 4 ©a � i rJ s —2 f A o v r w e e-K .,ficl gec Qi{-/ A08 (SUEe Y 5eGu447 C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name Af Subcontractor and Address State License Number Class f!-)U/�G 112�3� WrCo 'Os A� e 70095J Ca-o PL il4 Pac92867 i o 4 (, L;A)0tJ e um b "' . WA , 060 er 62,a ((52— C 3 (o eoNcRe P11$3i1 L of co�-l-rAcforf�. de.�Z -705098 C 8 F OOfiN x ress pe.i- IIA 'orb �qPC' m rRc IMFI�Sa ie' 91656 �v Z6yZ �S c irr ASq^ o�. CG MLaAVfJA lei ue 926 tf90%70 b F�mv,� .21 S� Ac eodocr oVr-) to �' S 5 $ 13 P�i�1 i i A j N {-j N F1 �[ 8 0 MoaroAve-,S S%0 96680 IN (09g7 C33 IZaaA.P 1132- West- VarKAve. GrAo e 68 3to 27( C 3 9 Las Tri { StMa10o,j 907 S -7'1zf59q C S se-ewe.i Wes acflilecue-i+v4 PSI i Cyr e- LA NAbrA 90 %3 Io35r7 to Doors 2 oK6 Kr a veJ& 0 63 rJA Ni ue( 77 q5/659 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Name of Vendor Address of Office and Telephone Number Type of Material or Product and Model(s) Numbers) a� I Lum er 3�16 �° r 42.62 4 Lvmbe'- 0jtt,Jho I,eSw ►C E c L A `► lD Fo f CKZ 30 N M Prods 'Roef uMe. p �,pI ' AW ssyi3 g� Louger- a e.,J%5 LM 106 15 O • lCe �rg-hd 5 C -g070 Soot 237- _i 04'kPJ P uMbip MA'0 /30� 5. A9 Mo i A e • (�� c4 Q28o4 82y- 1 51, u0mbr'rj u i'eS A VY15 2 a ow e l 9 Co`l 3— 0 ru)A r i Spe c i A iie5 2qre)AIA51 PO (L qi &71C.P0L o 6-• Z7 Gj 4 5 i t CJQrY` iA i i-j e 6r(s4z)1 -- 3 ik fooA CA Z o goo /,? 13 L Wilcox ox 8 t 562- Q; C 90 0 -2737 LA DDe,� Films e ; C-5 ,....mow. �•,..,,.:.r�,�r►.•arc NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California SS. County of Orange Lo C1 A P6 fty being fast duly sworn, deposes and says that he or she is �jze-s I t,3'r ofNFdADA j ,tiu rry tR►Sc par�y roNm,'='ic. tie aking 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. NUADA PLR- tjor, C~o.,96c.f-icou -T,)c Name of Bidder Signature of Bidder PO Pox 3747 �A�� #�o�a-� CA Qz625 Address of Bidder Subscribed and sworn to before me this 3&d day of _ -1yAfP— , 19 U NOTARY PUBLIC &L-ki ��= J?JJ22___ I J= DOROT r.LFWOM commimion / 111a= MiovrY PW*--CdW* C-6 W Wnft ExOn DSO I iM 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 Huntington Beach Pier Buildings, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: m_ 3 lgei - ld Ram Czmbuzfton I nc� Contractor -;;� 100�4 By , rem &iwi Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes ©o 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: �Wa-(W TIC41 ULM Contractor By 'Tro &m4 Title C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: —210chftumlcno�uchm' Inc, ot,ow, Contractor By - '?r Title Date: 3 H99 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �LUacl,�- �( a fiwm Cmu 'fnu ft en, (a -- Bidder Name %N, be(-P(UA(:) PO BOX- 37- 7 Business Address lbw -Po1 CIA 9-&an qq�- 1999 Telephone Number g uuo HAZ- State Contractor's License No. and Class t 1<(qq Original Date Issued ski l Q Expiration Date The work site was inspected by �If�V1 4� WtIQ ltdu of our office on ftjA 2 19. The following are persons, firms, and corporations having a principal interest in this proposal: Ana _r• � .�`NuA d A �!' ry m LDNSTr�Ciio�1 ��JC. C-11 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. Company Name of Bidder Ukci& Tarv�, Printed or Typed Signature 745 , bed Address of Bidder (()qq Telephone Number Subscribed and sworn to before me this 3 day of -Jy Ale- 91977 NOTARY PUBLIC NOTARY SEAL TAM& DOFCW J. Rom$ Commb�lon i 111 Notary Public— C Moft rAM OranOa Cou* My Comm. Expirm On 4 M C-12 r 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: 0 F e. 112-2z �c �c i A �r Name aidd Address U e n) ov e- q Z6 y Z Mo rA le 5 Name and Telephone No. of Project ManagenArm4rijo (7 N) -7q I- S/a (� O a,n 4 ^A C+ CPwJ ei'A CoN.S4ruc4iw 0tJ OI iJ C ntract Amount Type of Work Date eomprelted 2. G Of MW 044 101 C i o i (� .W yUl6yQirt.o yll� Name and Address Name and Telephone No. of Project Manager: q refA I 1 Vdxl QDq 413- "3 Lf Contract Amount Type k Work U U Date Completed 3. C1 4.10 F J 303 W . G% Name Ad Address I tIr fo N SKy Name and Telephone No. of Project Manager: r 7 3g ' 6 $ 7 -7 Name I� a85 poo cdeve I + 19Q S Contract Amount Type of Work Date Completed C-13 PlA4;mQm Ce"4 racRea Po Bm3?*i CITY CLERK OF CA 9"2611 HUNTINGTON BEACH. CA 1499 AM —3 P V e,4 s'eA led �3i d ;or �} ot, &g Ili -or Bps • `Tower Zero 4 IAeofty s q L= W R I j Li A%Amwest PUBLIC WORKS BID BOND Know all men by these presents: BOND NO: 0000897930 PREMIUM: N/A BID DATE: 06/03/99 That we, T.C. MANAGEMENT, INC. DBA: TEAM CONSTRUCTION MANAGEMENT (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of Nebraska and authorized to transact a general surety business in the State of CALIFORNIA , as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called Obligee) in the penal sum of TEN percent 10% ) of the bid amount, but in no event to exceed TEN PERCENT OF AMOUNT BID I Dollars (. 10% OF AMT BID ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for HUNTINGTON BEACH PIER BUILDINGS TOWER ZERO AND RESTROOMS CC#883 NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS DAY OF MAY 27TH, 1999 T.C. MANAGEMENT, INC. DBA: TEAM CONSTRMCTIOV MA EMENT Prinapal Name By: Signature BF-A3032 (7/97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 59c State of California County of RIVERSIDE On May 27, 1999 before me, VERONICA L. PRATT, NOTARY PUBLIC , DATE NAME, Tm.II Or, OFRCER - E.Q. JAM DOE, NOTARY PUBUC- personally appeared MATTHEW C. WELTY , NAWS) OF SIGNERS) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknoVMedged to me that he/she/they executed the same in his/herAheir authorized capacity(ies), and that by his/herRheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. - -�: �^ . � :r °�,:.•�:?.=ems r " ll::r•.r' _: '' _`_.`J�P:. -_� WITNESS my hand and official seal. .: i•~'J.. 1••:a ^:i=-J4ii�f',411 ),l'T; V„ 't• • •.r 2f.G2 u: C _Ao;res Aug 2S, - c OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Ti ms) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENrrfY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 54MIGEEF ON7 O 1993 NATIONAL NOTARY - QWCgP LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Expiration Date: 06/04/00 ruwnic1-4u1n0cic 0000897930 This document is printed on white paper containing the artificial watermarked logo( of Amwest Surety Insurance Company on the front and brown security paper on the back. 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 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 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 office at (91 R) 246-5353 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: Matthew C. Welty George Jay Burchfiel Sue Burchfiel As Employees of GEORGE JAY BURCHFIEL 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 follows: Bid Bonds up to $1,000,000.00 Contract Bonds up to $1,000,000.00 License and Permit Bonds up to $100,000.00 Miscellaneous Bonds Up To $100,000.00 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. I, 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 and 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 relevant provisions of the By -Laws of each company, are now in full force and effect. Bond No. 0000897930 Signed & sealed this 27thday of May 19 99 Karen G. Cohen, Secretary ***************** RESOLUTIONS OF THE BOARD OF DIRECTORS ********************** * * * * * 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 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 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 attorney -in -fact or agent and revoke any POA previously granted to such person. RESOLVED 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 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 authorizing 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 affixed. IN 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 12th day of December, 1997. .2� .�� John E. Savage, Preside t Karen G. Cohen, Secretary State of California County of Los Angeles On December 12, 1997 before me, 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 name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my d and official seal. �PORq_Signature yb s,, ggy B. LO'— DEC.14, n 1995 0 PEGGY 9. LORON Conw.d loni10MM (Seal), NtNOIy Pa W — CalAwft LOG Anp�IM C Pjw My Ccmm. Exping /WD 6.19W 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 SECTION C PROPOSAL for the I1UNTINGTON BEACI I PIER I3U11.171NGS 4-1-OWER ZERO AND RESTROU;N-IS It /from CASH CONTRACT No. SS in the CITY OF HUNTINGTON BEACH TO THE HONORABLE_ MAYOR AND MEMBERS OF THE COUNCIL OF HUNTTNGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the elate 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 andlor lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit andlor lump sum prices bid include all appurtenant expenses, takes, 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. Accompanying this proposal of bid, find Rrrn RoND in the amount of $ �ti 00 — which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 May 27, 1999 2 June 1 1999 C-2 PROJECT BID SCHEDULE I luntinmon Beach Picr Buildin+us (ToNver %cro and Itcstrooms) CASH CONTRACT No. 883 TOTAL AMOUNT LUMP SUM BID IN FIGURES: TOTAL AMOUNT LUMP SUM BID IN WORDS: too C-3 LIST OF SUBCONTRACTORS In accordance urth Government Code Section 4144, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion _ : _ " of Work `_ Name of Subcontractor and Address..:. ,:.-? s - State License; °"= . Number Class LW H6 -72-4614) 37s- 577 sly m r CX L / '� $' S . L C..4� �i' Sb 2 3 ~!2 . 766 7V � . G O HVAL RC- Asti S J're" J- +•+�• 3S�a ViP�. 75,4r B�ii alb •6M 3VP - 961 7 JZS j,e-, l Di.7 ui N ftv",e Am, yo'Q 4-,oLob.A (-4. qJ72.a -h178 27- 96Poa 5"6,f $73 l,a,�v►td�'- L.•► �•Gat��7 �A.�•sr. C7y�t -fS �t2�' eo34-A e1A e-4 STLcEcr Gt4+� �LoM S; �L . Ec 4, A" I 4-Al— SLV -Z, '77 y01 vie I .- Sr• e- Es,- 7070 3 p - z- S�tfMc�+�t• c.a.� I - w�c.e.tc� `r�rJ � SLR 93 72b cAra -wti M 14A M14 • 6) ID V-7-7o 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 i r LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. _ . A'ame of Vendor. Address of (f t and ::Telephone Number Type of �Llaterial or, Product and Afodel(s) Number(s) Kr�i Pic.-►,. S�ce CSb�- --d6 WH i r6 4A P j ,Ja �w.-�r� nr- �- Cat . 42-4c j �f. 5 * 5 MArV( A-4, ��u'r`� c p� .r H.4r-e Lao . . I A N i&J t I.S 0141— 3 3,130- 3 Q Gar I.v e, S. ao 237 3 � Zo fjn • ��rr�r/ tr vD^S, I /L L 737Z --5A --r q rY7- G.02 . .,/ C4 . 0& &0 71 7 1"719) 9-" — SeYJ-.� �a I �1tit1 Dwi. -rL6 o q fco G,Ccr- .,q 5 r, 7020 2iJ 7 � pG]l.7 4 S Go w53 . SvL S . PA r`-� -7 Qom., �AL..3 a�.►i�ftit. CA . 21 r, I C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange M i ch a e I Ee i n : ' , being first duly sworn, deposes and says that he or she is o f f i ce r of-TC Manacrgment 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. mC Management, Inc. Name of Bidder Signa a of Bidder 221 Main Street, Suite H.--.. Huntington Beach, Ca. 92648 Address of Bidder Subscribed and sworn to before me this day of 19 Qq NOTARY PUBLIC UNOTARY SEAL 84Eh'DA COUGS C-6 Commbmlon 0 1169497 :- No'ery Pubt<c- CcPromlo �y onange Co-.mty r e F4YCorr.^^,F Jm15.2M21 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 Iluntin-ton Beach Pier Buildings, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Adunfiiistrative 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 '%rith the requirements contained herein. �= ;a_, :. •, ; ,• _ TC Management, Inc. Contractor mlyali Xg-. By Date: June 3, 1999 Officer Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes oNo 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.g 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. }' TC Management:, Inc. f Contractor By Officer Title Date:— June 3, 1999 C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor ME Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 t BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: TC Management, Inc. Bidder Name 221 Main Street, Suite H , Huntington Beach, Ca., 92648 Business Address (714 ) 969-8326 Telephone Number 737059 Class B State Contractor's License No. and Class 8/7/97 Original Date Issued 6/30/99 _ Expiration Date The work site was inspected by Kelly Coultrup / Jeff Bergsmiqfour office on May 27 , 19 99 . The following are persons, firms, and corporations having a principal interest in this proposal: TC Management, Inc. C-11 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. Michael Fein — - w-- - -----� Printed or Typed Signature • 221 Main Street, Suite H Huntington Beach, Ca., 92648 Address of Bidder 7( 14 ) 969-8326 Telephone Number Subscribed and sworn to before me this day of P 19 t` i . NOTARY PUBLIC NOTARYSEAL 6fiSti�A C09CS Vf, ommfss'on# 1i69497 o'ay Pub%- Ca"`CMj0 Oren-4 Cot,�nty P+yCyr^,E:`- sJcn13.7:C2 C-12 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work ,%iithin the past two years: 1. Pol i ca Dept- Suhstatinn . City- Of, H.B,x 17483 Beach Blvd., H.B. Name and Address Name and Telephone No. of Project Manager: Eric Charlo2ipS) 536 5Q -11 $35,000 T-T new pUbstation 1AAF Contract Amount Type of Work Date Completed .ff.. Address Name and Telephone No. of Project Manager: Randy HutteEbeiger 714 536-5431 Contract Amount Type of Work Date Completed 3. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-13 , 1 1 I TEAM T.C. MANAGEMENT, INC. 221 MAIN STREET • SUITE H HUNTINGTON BEACH, CA92648 i P R O P O S A L -_ for the I HUNTINGTON BEACH PTF,R BUILDINGS t TOWER ZERO AND RESTROOMS 3} CASH CONTRACT NO. 883 I 1 I/V/1/111•I/ v•� YrA YI/. V.� HUNT11;6T611 ftAC11. CA 1999 „EJ'N -- 3 P 1. 5 1 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: Tha' We, _ _ _ INTERLOCK CONSTRUCTIONI, INC. (hereinafter called the Principal). as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY. a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto _ CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) In tt,e just and full sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($ 107 ti lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the HUNTINGTON BEACH PIER BUILDINGS TOWER ZERO A%9) RESTROOMS CONTRACT NO. 883 in a,.cordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void; otherwise to be and remain in full force and effect. IN VATNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 27TH day of MAY .19 99 INTERLOCK CONSTRUCTION, INC. By MATTRE' AF I, PRESIDENT WASHINGTON INTERNATIO SURANCE COMPANY By D.J. P CARD Attorney —in —Fact h CALIFORNIA01 ALL-PURPOSE ACKNOWLEDGMENT Ift$907 . State of CALIFORNIA OoUnty of On 5/27/99 DATE before me, D.J. PICARD, NOTARY PUBLIC NAME. TITLE OF OFFICER - E-M.' JANE DOE. NOTARY Pt7B= personally appeared rtATT EW JAPARI NAMES) OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis Of satisfactory evidence to be the personas): whose name(swj Istzm subscribed to the within Instrument and ac- knowledged to me that heVMhty executed the same In his/hm:fte.ir, authorized D. J. EICARD capacity(M), and that by his/R MAMTT w• ti COh1M. #1 l$2404 signature(s) on the Instrument the person(rs), NOTARY PUBLIC • CALIFORNIA .. • • ORANGECOUt4TY or the entity upon behalf of which the „MyComm. Expires Mry22.zcoz person(s1 acted, executed the Instrument. WITNESS my hand and ciai seal. &GNAfLM OF NOTARY f 1OPTIONAL Thoough the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL IP CORPORATE OFFICER PRESIDENT TmEtsy 0 PAMER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) C] GDARDIAWCONSERVATOR ❑ OTHER: SWER IS REPRESENTING: wAIIIE Of PER.9MP OR EX1M(IEM INTERLOCK CONSTRUCTION, INC. DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT i NUMBER OF PAGES 5/27/99 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED A13OVE CIM NATIONAL NOTARY ASSOCIATION - 8M Pan~ Ave.. P.O. Box 7184 • Canoga Parts, CA 91309.7184 I-ALIFOEINIA ALL-PLMPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 5/27/99 taetore me, EEATA A. SENSI, NOTARY PUBLIC Data Na" and Tat! of Cry I* 9 . •Jana Doa. Nouy PuWj personally appeared D.J. PICARD Namapj a 59-4 5) ' ® personally known to me - OR -❑ to be the person(X) whose name(IQ Is&'tXsubscdbed to the within instrument and acknowledged to me that heALNMIUy executed the I3EATAA. SENSI same In his/M-KXKXXauthorized capacity(=), and that by • . hislher/theit signature(l) on the Instrument the person(), �'["rx"a~ •�' Y?U'0i133730 CALF or the entity upon behalf of which the person(K) acted h'o7ARY pyttlC •C�tJr0i�t11A� Y p P (� tip. 0"4eZ00WM executed the Instrument. j#jCw^Ex; k04,, oar WITNESS my hand and official seal. - 11�A=, A 5,t,4�. OPTIONAL • Though the Information below Is not aequftd by taw. It «ray prove Wuabla to persons ttetft on fhe documenf and could prevent fraudulent removal and reattachmart of this form to another document. Description of Attached Document Title or Type of Document: t-14I;P] Document Date: 5/27199 Number of Pages: Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: D.J. PICARD ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited ❑ General ® Attorney -in -Fact O Trustee ❑ Guardian or Conservator ❑ Other. Top Of awlrO Here Signer Is Representing: WASHINGTON INTERNATIONAL INSURANCE COMPANY Signer's Name: ew ■ a R ri ■ Individual Corporate Officer Title(s): Partner —❑ Limited []General Attomey-in-Fact Trustee Guardian or Conservator Other. Signer Is Representing: Teo of axxnb Here 0 19`-4 NaGmut Nouy Assooanon • &1% Rarnnrt Ave. P.O. BoK 7104 . c4w," Park CA 9139-71 M Prod. Wo. 5907 no~. Can Tor f na i 400476-W? > WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OFATTORNEY KNOW ALLOY THESE PRESENTS: That the Washington International Insurance Company, a corporalon organized and adstirag under the iwn or the Stat 3 or Aftona. and haring lte prtndpd ogee 1n the Wage of Rasa,12mis does bereby contftte and appoint D.J. PICARD, TODD 1N. ROtifd MID BEATA A. SENSE EAC.f1 W Via? SEPAMITE CAPACITY b iruo and IxNrLi attomMs}Wact to execute, seal and delver for and on 1U behest as surety, any and al bonds and undertafdngs, recognizanees, contracts of indemru'ty and other wrMngs obigatoryin the nature thereof. whkh are or maybe eliowcA required, or pwrided bylaw, statute, r0a, rogtb5or4 cwtrad or othmlrA and the waft or such hstrument(s) In pursuance of these presents, shatbo as bindag upon the sold Washington International Insurance Company as ruV and am*, to al intenB and purposes as Its game alas bben duly executed"andackno%tedged by IM Ptesldent and its principal 4ce. This Pox-er of Attorney shall be limited In amount to SS,500,000.00 ror any single obligation. This Powl of Attomey is lssued pumumAto authority granted by the resolu5ons or the Coardof Directors adopted Mar+ch=, 5978. July 3.19 30 and October 21. I M which read, h part, as f olowx 1. The Ct+alrman of the Board. Preside We President, Assistant Secretary, Treasurer and Secretary may designate Altomep in-Fae and :authorize them b coocufe on beat of 1w Company. and attach the Seal of the Company thereto. bonds, and undert%Mr�a, reCognizanees, aontrxU of kxkm9ty and othorwrZro obigaioryln the name thereon, and to appoint Special Attomeys-h.FWA who are hereby authorized to ev* copies of w ypotirw-aatWrw bsuod In pursuant to this soc5m WAW any or the By-Lfr+vs of the Company, and to remove. at any tmk any such Attorn*ln-Fad or SpodaiA torn*kWact'wW revoke the authority ij em-hkm 2. The asgwhxes or the Ctdkman of t►e Board. the Proddert. Vice Pre*krg. AmMant Secretary. Treasurer end Secretary, and the 06rpocate. teal of the comp.'jry, may be Wand b my Pow o(Attomcy. certidica" e, bond or undataldng rdaMg thereto, by face. Any such power tjAwrney. cawas Mond cc undertai N bearing tuck facskde signature of fac*ds seal &Wed in the wdr iary ems of bushes., steal be vatd and Undno upon the Company. , >>�p�t� r+urrrrftf� irl TEgA Washn gton fntema5onat iron rranca Company has Caused this kWhment to be signed and b corporate seat to be alTtter d ithaiV6d this 29% day of l+tay.199 r Ci�`�v,�' � i WASi NN.1tiStJPAWGE COMPANY . r .� S .• � :f • 1C8-pitr.,Sdd�l STATE 0141, ►� COON W OF D AGE) on ft 21.,-,h day of May,19A bckn me c arm the ixividuaf who execrated the prcce ft kdmmen% to me porsonaty known and, tieing by me duty sworn, said that he h the therein desatbed nand sutharizcd otticcr of the Wwlftton Intema6ond Wurarm Comparry; that the scat aat'ttaced to said Instru=-1 is the Corporate Seal of said Coma . IN T iA13 f j�V.. to set my hand and arttted my C>3lldat Seas, the day and year first above wttt m N 1101TICIAL SEW• ERICA R. JOBNSON t" P►+bk SWa of tl* n* EkaR. Johnson. otmy . flyC0••r•r'ss'61EX*" ttYt�1klyCommisslon ben15.2WI STATE OF 11l.2101S) COWMI OF DUPAGE) I. the txdadjncc>a %W4- eddent of WfiZ tN ON WERNATiON& INSURANCE COMPANiC, an AR90NA CaporaSON DO HEREBY CERTIFY that the foregoing. and attached POWER OF ATTORNEY remdns in tul fotce and has not been rmkeA and furthermore that Anode %ti Sedon 5 of the E�--Laws of the Corporalon, and the Resoh,5on of the Board or Diredors, set forth in the power c tAaomcy. are now in force. Signed t hd sealed in the County of Dupage. Dated the 27T11 day of MAY i g _ 99 • J Carpersto ,'Ace Pimment U SECTION C PROPOSAL for the I IUNTINGTON 13EACI1 1'11:R BUILDINGS 1'1-01\'F:IZ ZFIZO AN[) I:ESTRO011S from CASH CONTRACT No. 883 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise 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. Accompanying this proposal of bid, find f}iD in the amount of $ My. •f�/ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (PIease insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 .27-99 C-2 m PROJECT BID SCHEDULE I Iuntim-ton Beach Picr I;uiidincs {"t.o« cr %cro and RcStrooms)� CASH CONTRACT No. RS TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ " TOTAL AMOUNT LUh'IP SUM BID IN WORDS: C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name of Subcontractor and Address State License Number Class OAF 32-F 7 W 71 4C-20 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Type of Material or Product Name of vendor Address of Office and Telephone and Model(s) Number(s) Number C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of Orange ss. being fast duly sworn, deposes and says that he or is of .#Acthe 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. Name of Bidder f ^ /1",� Signature ofBidder Address of Bidder Subscribed and sworn to before me this .2 day of -3 j�J{— 195_. NOTARY PUBLIC m AkI NOTARY SEAL MAJID REZA MOTLAGH C-6 '� oOMM.01220114 4 140YARY PUBIC - CAUFORMA LOS MOMS 00LO Y N ►br Corte EAPM MOF 21. tow CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C►4 Ll �o 4-1s)1a County of �is1 On Of, f.Je� Mi before me, Dan - Noma a� Tme d Otl1M 1e 9. -Jane Doe. Notary Pvw*) personally appeared (Y) A-fT-he, personally known to me — OR — a r LKIID FiEZA MOTUIGH COMM- 01220114 WMIY PUBLIC • CAUFORNtA LOS ANOCIS COUNTV f/t M! Comm. Gob" Ufa! 8,. 2M Name(s) at to me on the basis of satisfactory evidence to be the person(s) whose name(s) Istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. a ii'dt-Z4 �i 6T La �7 Spuwre of Wary PubK OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: A El ❑ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: s ❑ G C C G Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: Top of mump he,e ti 0 1995 Nalonal Wary Assooaton - 8236 Remmet Ave.. P.o. Box 7184 - Canoga Park CA 91309-7184 Prod. No. 5907 tie~ CatiiolFFree 1-804876-U27 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 Iluntin-ton Beach Pier Building%, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 6_,3 _f7 Contractor I FBI - WA, OR, ?. 01; 'A Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes 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 whorn 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• 3- 1 / . 202��- Title C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address Lfz-j & E Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by / %j/��Cs' % of our office on /2'19 The following are persons, firms, and corporations having a principal interest in this proposal: C-11 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Printed or Typed Signature 1010.04dX Address of Bidder 770— 4e Telephone Number Subscribed and sworn to before me this 1A a day of , I v)4-r— , 19�_ NOTARY PUBLIC In'� a' I k 2a.rnn U NOTARY SEAL MAAAD REZA MOTLAGH ' Comm. #12"20114 NOTARY PUBLIC . CALIFOR �1 LOS ANGELES COUNTY N My Comm. EX001 May 21. JIM C-12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _ C A U k e o i0, County of L IN- OnpI 19,M, JR1r1 _- before me, Al a ;J g_ze, M 6ELkq, Darr /� Name MO Tale o1 Ofter (e g , •J" Doe, Nday Pubic-) personally appeared —m �-t-�/ J_ — ,_S A N\ 6 , ❑ personally known to me — OR —"roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher.Rheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MAfID REZA MOTLAGH COMM. # 1220114 - WT,R,�-CAuFomLA 0 WITNESS my hand and official seal. ' LOS A140FIFs coUkTV W Comm. EsO•ee k"I 11. "M + m4,11 61 to, , 69lature o1 holary Pubic OPTIONAL Though the information below is not required by law, H may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual 01 Corporate Officer Title(s): Partner— ❑ Limited ❑ General C Attomey-in-Fact C Trustee = Guardian or Conservator Other: Signer Is Representing: • r Top Of [numb here Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator . r ❑ Other: Top o1 murno here Signer Is Representing Clow. Naborui NOtary Assocrabon -2236 R morel Ave PO Box 716a • Canoga Park. CA 913D9-71B4 Prod No. 5907 R@~. Cal TobFro* 1-NO.976-GW 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: AddressName and Name and Telephone No. of Project Manager: Contract Amount (� T�pc of Work Date Completed 2. Name and Address Name and Telephone No. of Project Manager: &6*4&AA?1b� 14 � 37" &401A�6- : 5 A& Contract Amount Type of Work Date Completed i6VCLu r'Q 1,*VQ�iG 3. Name and Address Name and Telephone No. of Project Manager: ( ) Contract Amount Type of Work Date Completed C-13 1 4. Johrlock Coaqruction, lim. P.O.Dox 3328 Long Beach , Ci 90303 OF SEACH. tA A�-Wlooai w -/v '99 Bond No NIA .................... _._ Fidelity and Deposit Company HOME OFFICE OF MARYLAND BAzrim ORE. MD. 21203 BID BOND KNOW ALL :AMEN BY THESE PRESENTS: That we._»....._.._.. VAMEL .CONSTRUCTI.M.e...IHC...........»....._.............._.........._.....».�.......�..._.�.._.._.... ...».._.._...._......_..__..............................w..........._......_.., as Principal. (hereinafter called the "Principal"), and the FID LIT' AND DCrosiT COMPANY OF MAPYLAND. of Baltimore, 'Maryland. a corporation duly organized under the laws of the State of i<Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto...........»....... CITY OF, HUNTINGTON BEA.............. r..,.........»..............»..»......_..».»»..».-....»....».......».._.._..»»._.........._._as Obligee. (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF_THE _&MOU_NT _OF_THE _ACCOMPANYING BID „Dollars ($101 OF BID_) for the payment of which sum well and truly to be made. the said Principal and �the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for.....___.._......................._._.._..................�.....__._............_. "PIER BUILDINGS — TOLER ZERO & RESTROOKS" NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of sugh bid and give such -bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in- good faith contract with another party to perform thework covered by said bid. then this obligationshall be null and void.otherw ise to remain in full force and effect. Signed and sealed this.27TH ....».._._.......M.».._...........day of_.M»...... ........ ........_.._..........A.D. 199g ..» VARKEL ,CONSTRU ION, rincipalTitle FIDELITY ANI] _......(SEAL) Witness C3234—I503,I. Aaproved by The American tastitute of Architects. A.I.A. Document No. A,1t0 February:970 Edition. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of OMNGE On MAY 27, 1999 1 before me, M. TREDTN.gTCK, NOTM PUBLIC DATE NAME. Tm-E OF OFFICER . E G.. JANE DOE. NOTARY FUSLIC- personally appeared _, MICHAEL A. QUIGLEY NAME(S) OF SIGNER(S) personally known to me - OR - ❑a�i�.taL to be the person(,$) whose name(z) is/Awe subscribed to the within instrument and ac- knowledged to me that heP4YZWbzq executed the same in hisfizm*rbak authorized capacityQd, and that by hiss signature(t) on the Instrument the person(l), f&iREDINNICK or the entity upon behalf of which the CommtWan01213054 person(s:) acted, executed the instrument. Notay pubrc - Cartomla Qraray County WITNESS my, hand and eal. Icl f.s 001 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TrTAM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(s) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENMNG: NAME Of MSON(S) OR `,Mirffm DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE CI "3 NATIONAL NOTARY ASSOCIATION - 8236 Remm l Ave.. P.Q. Box 7184 - Canoga P^ CA yI X0718; Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Michael A. Quigley, of Aliso Viejo, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance Q ese presents, a as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ack ed by the elected officers of the Company at its office in Baltimore, Md., in their own proper persons. D The said Assistant Secretary does hereby certify that the extract set the re ereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assist11a'ry have subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAi 25th day Q t, A.D. 1997. ATTEST: FIDELITY ANDT"SIT COSAA`NY OF MARYLAND rS1F.AL �. I �o B y: a014,A,, `�...+- T. E. Smith C�,Assistant Se W. B. Walbrecher Vice -President State of Maryland ss: County of Baltimore On this 25th day of August, A.D. 1997, before the su cra Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice -President and T. E. SMI tant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and offic abed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swo rally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the precedir tlstrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,� . oa Car l J. Fader Notary Public My C missi Expires: August 1, 2000 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or. Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 27TH day of MAY 1999 Assistant Secretary L1428-012-0626 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." SECTION C PROPOSAL for the IIUNLTNGTON BEACH PIER BUILDINGS ITONVER ZERO AND RI.STROUNIS; from CASH CONTRACT No. RS3 in the CITY OF WNTTNGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTTNGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work %%ithin the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY vrrill 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 Aithin 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Ir `r.-� �� O _��"rn n4#M C-2 PROJECT BID SCHEDULE I luntington Beach Pier BUildinus (-I Older Zero and Resirooms)� CASH CONTRACT No. 9$3 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $/ s�zAls8 TOTAL AMOUNT LUMP S BID IN WORDS: _ iN� F lF� wAt = Z�t V-0VOo C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. f, of Work ,. Mumber W41" 41 11 4 W 5 �4 jj�. 1!• 1fflw�i --: Iran "*09 Law. MR IT-,iAM61'u� Of;..010119 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Name of Vendor Address of Office and Telephone Number Type of Material or Product and Model(s) Number(s) -- N- i CCQSS�`v� ' Cvqzk 1A IN tt7 32Z iG o S S Gn Z- O tC C-5 �,k NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or an 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. Subscribed and sworn to before me this Name of Bidder Signature of Bidder Address of Bidder day of ,19 NOTARY PUBLIC NOTARY SEAL C-b NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange SNAIER Z. VARKEI.being first duly sworn, deposes and says that he or she is PRESIDENT ofVARKEL CONSTRUCTIqlit plffy 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 %rill not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this NOTARY PUBLIC Name of Bidder Signature of Bidder S k) k t e e= r V L 2-3 X 4- , L lk c A,�D V LJ N, 1> tv e Address of Bidder 27TH day of MAY , 19 99 NOTARY SEAL M, TREDINNICK ` Ccxnsstttsipti � 1213D54 C-6 Notay Pubnc - Cartorria Qr nge County MyCvml.Er�tes Mar2b.xX13 I UTILITY AGREEMENT IIONORABLE MAYOR AND CITY COUNCIL CITY OF IIUNTINGTON BEACH CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as l luntinriion Beach Pier Buildings, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar %Nish 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: VhZy_aL_ Contractor By s 1j ot- VI, e-%e- t_ Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 143 I0.5, 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 viola' i7, a safety regulation? h Yes No ,/ 4 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: l� 3 ji \%Ae-t-e I �t� L)STp.0 tT to iJ' Contracto By `S1j D., cC: P— ? Title C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 Jun-03-99 02:20P Quigley InsuranCe 9494540275 BIDDER'S INFORMATION BIDDER ccrtif es that the following information. is true and correct: Biddcr Name Business Address Te ephone Number S al- �5 `7 � b'v-ok (Ca k o State Contractor's License No. and Class -- � I I tz- �� Q 116 Original pate Isso 111"MS n< I 0 G Expiration Date The Brk site was inspected by L. i..-L1,�. of our office on . I9 v The following arc pmotns, firms, and corporations having.a p4cipal.intcrest in this proposal: VA, - na MLr 2 Ajavk4a' C-I I P.O1 Jun-03-99 02:20P Quigley Insurance 9494540275 P.02 The undersigned arc prepared to satisfy the Council of the City of Huntington (leach of their ability, financially oroherwisc, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. L- co Company Name X Signature of Bi e-kioiV. �"Q . Printed or Typed Signature z 3 + LL— N- Skl"W-Vlk d3 Address of Bidder I,�±63 g_--- 8 Telephone Number Subscn'bed and sworn to before me this 5 rc day of I9—ca. NOTARY PUBLIC Ca• fgufm r 121 aose Notary PUM - Cafibmb C ange Cowniy �yCdrrrn. t� tib?�?m7 C-12 NOTARYSEAL Listed below are the names, address and telephone numbers for three public agencies forwhich the bidder has performed similar workwithin the past hvo years: 1. City of Huntington Beach, 2000 Main Street, H_untingt_on Beach, CA _ Name and Address - Name and Telephone No. of Project Manager: Neal Noble (714) 536-5241t $1 y318, 000.00 Rubes s Restaurant, Huntington Beach Pier 1 /96 Contract Amount Type of Work Date Completed 2 Orange County &-mitation District, 10844 Ellis Ave, Fountain Valley, CA Name and Address John Name and Telephone No. of Project Manager: Falkenstein (714) 962-2411, Ext 5141 $3 2,300.00 Additions and Remodel 2/97 Contract Amount r Type of Work Date Completed 3. City of Laguna Beach, 505 Forest Avenue, Laguna Beach, CA Name and Address Name and Telephone No. of Project Manager: wade Brown _ (949) 497 -,0360 _ _ $105,000.00 Forest Lane Restroarns 12/98 Contract Amount Type of Work Date Completed C-13 4WA f 1 teQl- �0wex- [VARKEL CONSTRUCTION, INC. 23141 La Cadena Dr., Unit L LAGUNA HILLS, CALIFORNIA 92653 L r I c2, t: - ;§;;s bbbl z 10 .l! I3 M13 A 113 a_',l.It7 1j 16 It WASHINGTON INTERNATIONAL INSURANCE COMPANY 300 Park Boulevard, Suite 300 Itasca, IL 60143-2625 . Bond No. M KNOW ALL BY THESE PRESENTS that 0 CA- BUILDERS, INC. as Principal, an WASHINGTON INTERNATIONAL INSURANCE COMPANY, an Arizona corporation, as Surety, are held and firmly bound unt C%TY OF WITIi MN BEAM Obligee, in the sum t Dollars ($1U V I3lU""N ), for the paymer of v�hich sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrator! successors and assigns, jointly and severally, firmly be these presents. WHEREAS the Principal has submitted a bid for NE1I CONMLICTI011-LIFE00 TOWER & RESTROCPI PROJECT M NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Oblige in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Document with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materiE furKh.hed in the prosecution thereof, or In the event of the failure of the Principal to enter into such Contract and give such bon or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specifie+ in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Wor: cove -ad by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated MAY 27, 1999 BUILDERS, INC. ,J,& + rjw r Hof — INTERNATIONAL INS! IRMCE COMPANY i CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) s.s. COUNTY 9F San Bernardino ) On � 2 7121 , before me, F ances Lefler, ota Publ c , personally appeared Kelly, A. Saitnan personally known to me; or proved to me on the basis of satisfactory evidence to be the person (a) whose nazie ps ) is jA=eX subscribed to the within instrument and acknowledged to me that (;tic/she f t)myj executed the same in fiv/her f thy: authorized capacity (&Vs�;, and that the entity upon behalf of which the person W) acted, executed the instrument. -WITNESS my hand and official seal. - (SEAL) a w • FRANCES LEFLER IN COMM. NO.12I7724 N NOTARY PUBLIC-CALIFORNIA M w RIVERSIDE COUNTY W I�YCO,+A�I,fXrtRESMAY.t��20@3 Signature of Not ry Public irir*Yr*,tit#t��*tiF,t�F pit#tE*#irk*iFtir,t*ir,t,t�FirtF,t#wiritf*it�*f�Yr#irlr##ir�r**ktFaFiF* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary -to fill in the data below, doing so may prove invaluable to persons relying on the document. individual(s) Corporate Officer(s) Titles Partners) Attorney -in -Fact Trustees) Guardian/Conservator ether: Signer is representing: Limited and and General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document:— , r Signers) other than named above: none THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KA9/180= WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and eacsting under the logos of the State of Arizona, and having its principal office In the Village of Itasca,111nois does hereby consttiitute and appoint KELLYA. SAMIAN, JAYP. FREEAfAN AND FRANCES LEFLER EACH IN THEIR SEPARATE CAPACITY is true aid lawful attorneys) -in -fact to execute, seal and deliver for and on its beha" as surety, any and all bonds and undertakings, recognizances, contracts of indemni y and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulator, contract or otherwise, and the execut;on of such Instrument(s) in pursuance of these presents, shall be as binding upon the said Washington Internat anal Insurance Company as fully and amply, to all Intents and purposes, as If the same has been duty executed and acknowledged by its President and 1 or its principa! officers. This Power of Attorney shall be limited In amount to $7,500,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolltions of the Board of Directors adopted March 22,1978, July 3, 1980 and October 21, 1986 which read, In part, as follows: 1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may des!gnate Attorneys -in -Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and otherwritings obligatory in the nature thereof, and to appoint Special Attomeys-in->=act, who are hereby authorized to cerey copies of any power -of -a tomey issued in pursuant to this section aidlor any of the By -Laws of the Company, and to remove, a! any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given hi.m. 2. The signatures of the Chairman of the Board, the president, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, maybe affixed to any Power of Attomey, certificate, bond or undertaking relating thereto, by facsimile. Any sLich ft ver of Attorney, cerbfcate bond or undertaking bearing such facsimile signature or facsimile seal affixed In the ordinary course of business shal be valid and binding upon the Company. IN TESTIM9.11Y WHEREOF, the Washington International Insurance Company has caused this instrument to be signed and its corporate sea! to be affixed-lts-alithbrized'b, tcer, this 25th day of May, 1999. WASHINGTON INTERNATIONAL INSURANCE COMPANY Ja es A arpente , Vice President STATE OF IL UNOIS) COUNT)' OF COOK) On this 25th day of May,1999, before me came the individual who executed the preceding instrument, to me persona'ly known, and, being by me duly sv/orn, said that he Is the therein described and authorized officer of the Washington International Insurance Company, that the seal affixed to sad Instrument is the Corporate Seal of said Company, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above wrMen- i rsS,4- 4, li1siiT+� "OrTICTAL SEAL" CAROLYN L. KIRKBY96 DIU Notary Public, State of 11=is + kly Commission Expires 0 .11101 Caro yn L Ki kby, Notary Public � ' ���� �� y My Commission Expires April 1. 2001 CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) 1, the undersigned, Vice President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In ME force and has not been revoked, and furthermore that Article 11:, Section 5 of the By -Lays of the Corporation, and the Resolution of the Board of Directors, set forth In the Power of Attorney, are now in force. Signed and sealed in the County of Cook Dated the 27hi day of PAY 19 99 --�Ad' Michaev. t os% Vic resident 19 r -- SECTION C PROPOSAL for the IIUNTINGTON BEACIi PIER BUILDINGS "I'01VER ZERO AND RESTROO\1S; from CASH CONTRACT No. 8S3 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUN INGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident 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 Bidden and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 \ 9 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and fling the necessary bonds and insurance certificates %&ithin 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. d Accompanying this proposal of bid, find 'zit, &Qtj- in the amount of S 10 /, which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. :Date Received : 13i ris Signature . ► s a �' ' C-a PROJECT BID SCHEDULE I Ittntin�-ton Beach Pier Buildinus (Tower r Zcro and Restrooms) CASH CONTRACT No. SS3 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ 4-31, TOTAL AMOUNT LUMP SUM BID IN WORDS: .r{ 1,-Ty ro ak h u n1me-D cp C-3 cS, N,v LIST OF SUBCONTRACTORS In accordance with Government Code Section 4144, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion :::.:- of Work'.' t Name of Subcontractor and Address_:..' . _ .::: State License :.. Number Class e Ivim,, �3 �a c _ G. LAA,ro C-"Z, SAAJ C L2^46.rTU �L[/M,riv TT f I-11MQ L -A A zcAl�g (,4E — S- Nt z sTE L LT1 n1 S A&A1 .s r InJ S 0 0 TN E L ,Pre 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 Iisting. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Type of Material or -Product _ Name of vendor Address of +Office and. Telephone and hiodel(sj Numbers} Number = . C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange J ENNI FER HOT being first duly sworn, deposes and says that he or she is PRESIDENT of USS CAL BUILDII rt,TrV&king 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. S USS CAL BUILDERS, INC. ame of Bidder HOTRUM 12802 VALLEY VIEW BLVD #4 Address ofBidder GARDEN GROVE, CA 92845 Subscribed and sworn to before me this 26th NOTARY PUBLIC C-6 day of MAY 19 99 Y CC77m. N11"2i0 t.AaY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF I1 UNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as Huntington Beach Pier Buildings, (I)(we)(it) u rill 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 -.kith 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- 5/26/99 _ USS CAL BUILDERS, INC. LIM PRESIDENT Title C-7 ENNIFER 110TRUM DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or Iocal government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-8 9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: USS CAL BUILDERS INC. Bidder Name 12802 VALLEY VIEW BLVD. #4 Business Address �eTii��7i ;L 7711,4) 895-5999 Telephone Number 654454 CLASS B State Contractor's License No. and Class 7/92 Original Date Issued 9/30/2000 Expiration Date The work site was inspected by _ _. 5 /27/99 ,19 RAAFAT EL RAGE of our office on The following are persons, harms, and corporations having a principal interest in this proposal: JENNIFER 110TRUM MARTIN IBRAHAM C-11 PRESIDENT lout '� i ► The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or othenrise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. TTIZS rAT. RTTTI.nr..PCZ Tmr Printed or Typed Signature 12802 VALLEY VIEW BLVD #4 Address of Bidder GARDEN GROVE, CA 92845 ( 71.4 ) 895-5999 Telephone Number Subscribed and sworn to before me this 2 6 t h NOTARY PUBLIC day of MAY , 19 99 r _ ALIA RA9 0 aw ' ..ICEANGCLCS CG'UNTTYNIA� NOTARY SEAL 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: 1, COMPTON UNIFIED SCHOOL DISTRICT 604 S. TAMARIND AVE. Name and Add.-ess CUMVION, (;A 9ULZU Name and Telephone No. of Project Manager: TIMOTHY 010) 639 _4321 $2,300,000.00 MODERNIZATION 1998 Contract Amount Type of Work Date Completed 2. LONG BEACH UNIFIED SCHOOL DISTRICT 2425 WEBSTER AVE. Name and Address LONG BEACH, CA 90 10 Name and Telephone No. of Project Manager: JOHN NIMMO.�S ) 562/426-5974 215 196.00 RESTROOM REHAB. 1999 Contract Amount Type of Work Date Completed 3. Eli CANTNQ COMMUNITY COLLEGE 16007 CRENSHAW BLVD. Name and Address TORRANCE, CA 90506 Name and Telephone No. of Project Manager: BOB GANN ( 31PI660-3015 5150,000.00 CAFETERIA RENOVATION 1998 Contract Amount Type of Work Date Completed C-13 SECTION C PROPOSAL for the IL►Nl'INGTON BEACII III EIZ BUII.DIVGS 1TOWEIZ ZERO AND 1ZESTROOMS; from CASH CONTRACT No. 883 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise 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-I If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and fling 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. Bidder's Accompanying this proposal of bid, find Bond in the amount of $ 1 0 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (PIease insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 5/27/99 2 6 1 99 C-2 PROJECT BID SCHEDULE i luntinuton Beach flier IZttiidinus - (Tower Zero and lZesirooms) �t CASH CONTRACT No. FS; ITOTAL AMOUNT LUMP SUM BID IN FIGURES: S 3851 000- cx> TOTAL AMOUNT LUMP SUM DID IN WORDS: c3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name ofSubconfractor and Ad&ess Number �I ruwvm Maww-w-tam 1, Waspo— M-. v v on. 0. 1 ' -Mw ko` r a or.., _ EMA 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 F6 m 1. LIST OF VENDORS All bidders are required to furnish the foilouing information relative to the vendors that he/she proposes to use. ti NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Mohamed Mamour} being first duly sworn, deposes and says that he or she is President of EMAE Int' 1 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. EMAE International, Inc. Name of Bidder Signature of Bi r 4911 Warner Avenue, Suite 201 Huntington Beach, CA 92649 Address of Bidder Subscribed and sworn to beforeme-ems 2nd day of June , 19 99 NOTARY PUBLIC NOTARY SEAL EUZABETH L RAMRQ r0:Z6'ComrnW1cn#1174311 C-6 Notary FUotC - COROMia ';: Crone Cmnty - EN UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF IIUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as Huntington Beach Pier liuildings, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary -or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Pcrson: 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 2, 1999 EMAE International, Inc. Contractor By President Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes oNo 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-S IN COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public %vorks 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 fer 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 2, 1999 EMAE International, Inc. Contractor By President Title C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: _ N/A @ Time of Bid Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: EMAE International, Inc., Bidder Name 4911 Warner Avenue, Suite 201 Business Address Huntington Beach, CA 92649-4475 ( 714) 840-0113 Telephone Number 734920 B /' State Contractor's License No. and Class April 30, 1996 Original Date Issued April 30, 2001 Expiration Date The work site was inspected by Ehab Maamoun of our office on May 27 .19 99 . The following are persons, firms, and corporations having a principal interest in this proposal: Mohamed Mamoun, President Ehab Maamoun, Secretary -Manager -Treasurer C-11 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 u ith the plans and specifications set forth. EMAE International, Inc. Company Name Signature of Bidder Mohamed Mamoun Printed or Typed Signature 4911 Warner Avenue, Suite 201 Huntington Beach, CA 92649-4475 Address of Bidder 7( 14 )840-0113 Telephone Number 2nd June 99 Subscribed and sworn to before me this day of P I9 NOTARY PUBLIC HIUBUH I. RAM M Con^rr171W n M 1174311 Notary PutpC - cd.fmria Dmnge Cotmty My C.cnrmf� Feb21,=1 Rpqrmvrnqr� - C-I2 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Alhambra 111 First Street Alhambra, CA 91801 Name and Address Augustine Name and Telephone No. of Project Manager: Torres (625 570=5054 $88,971.08 Playground & Restroom Renovation 11/97 Contract Amount Type of Work Date Completed J2. City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Name and Address Yadi Name and Telephone No. of Project Manger: Farhadi (310) 603-0220 Ext. 300 $295,000.00 Park Concession & Restroom Improvements 10/99 Contract Amount Type of Work Date Completed 3. City of Redondo Beach 415 Diamond Street Redondo Beach, CA 90277 Name and Address Cuong q ;: Name and Telephone No. of Project Manager: Dang 010) 318-0662 Ext. 2403 $498,073.29 Teen Center Renovation 4/1999 Contract Amount Type of Work Date Completed G C-13 4 A, BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That Vie. E?LkE INTERNATIONAL, INC. '(hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organiz6d and doing business under and by virtue of the laws of the State of Arizona, and duty licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFO&NIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF THE A`IOUNT OF THE BID Dollars (S10% OF XHT. BID ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the HUNTINGTON BEACH PIER BUILDINGS, TOWER ZERO S RESTROOMS in accordance with the plans and specifications filed in the cffice of the obligee and underthe notice inviting -proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void; otherwise to be and remain in full force and effect. IN VATNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 28th day of MAY .19 99 LMAE IETERNATIONAL, INC. By Mohamed Mam n, President WASHINGTON INTERNATIONAL INSURANCE COMPANY By HAW:1 BLUME Attorney —in —Fact STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On G y Z�. �!r'�t cl , before me, ROSEMARY STANDLEY PERSONALLY APPEARED SHA6TN BLUME personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within irstrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ti `` ► t •;* t i} 1. OPTIONAL ROSEMARY STAND LEY COS 1[ i. #1090452 %GTPAy;".1',L1c • CALLF0RN1 N R;VCR3:C_ couz%ry Nty Carsn_ F�yirK JcM 7.2000 This area for Official Nolarial Seal Though the data below is no, required by law, it may prove valiable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER .nTLE(5) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES -- DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME of PERSON(s) OR ENnTYQEs) SIGNER(S) OTHER THAN NAMED ABOVE ID-031 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL 13Y THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and exist+'ng under the la•.4s of th a State of Arizona• and having its principal office in the Village of itasca, Illinois does hereby constitute and appoint SHAWN SLUME, SUSAN C. AfONTEON, ROS EMAR Y STANDLEY AND Af1CHAEL D. STONG EACH IN THEIR SEPARATE CAPACITY rts true and lawfui attorneys) -in -fact to execute, seal and deliver for and on its tehalf as surety, any and all bonds and underta<ings, recognizances, contracts of indemnity and other writings o`alig3tory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulavon, con.ract or otherualse, and the execut;on of such ins!rument(s) in pursuance of these presents, sha7 be as binding Upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by is President and its principal office. Thi s Power of Attorney shall be limited in amount to S5,500,000.00 for aiy single obligation. Thin Power of Attorney is issued pursuant to authori y granted by the resolutions of the Board of Directors adopted March 22. 1978, July 3, 1980 aid October 21, 1986 which read, in part, as follows: The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in -Fact, and authorize them to execute on behaY of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizance$, contracts of indemnity and other writings obrgatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power-of-a!torney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be af.Vled to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power Of Aitorne&y. cer0cate bored or undertaking beating such facsimile signature or facsimile seal affixed In the ordinary course of business shall be va'.id and binding upon the Company. )N " ESTlt�±�l�l�' t'd t-REP17, the Washington International Insurance Company has caused this instrument to be signed and its corporate seal to be aff�cecl,.�r:i�v ti(,:ejtpb;er, this Sth day of June, 1997. STAT�- QF4It1thJIS)• CCUNTY10F', Q`GK4�S```� 111ASHINGTOr RNATIO INSURANCE COMPANY Steven P. An erson, Vice -President On this 5:h day of June,1997. before me carve the individual who executed the preceding instrument, to me personally known, and, being by me duty sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company, that the seal affixed to said instrument is the Corporate Seal of said Company'. IN TESTIMONY WHfT7,r q. h nd affixed my Official S I, th day and year first above written. � "OFf'1C(nE, MICHELLE HOIf;_KT hotay Public, Sw!e try tietle H erton, otary P Gc t� MY Cornn';s'or,, Exairesty�� �p�misSion Expire _plernber 7. 999 CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) 1, the undersigned, Vice -President of WASHiNGTON INTERNATIONAL INSURANCE COMPANY. an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 1!1, Section 5 of :he By -La -,vs of the Corporation, and the Resolut on of the Board of Directc rs, set forth in the Power of Attorney, are now in force. Y)% Signed and sewed in the County of Cook. Dated the2L day of /N 4 Y , 19 2L. James A. Ca enter, ' ..e-President s Yam�'• . a. w ... • � .a rr BIDDER: USS CAL BUILDERS,".INC. 12802 VALLEY VIEW ST. STE 4 GARDEN GROVE, CA 92845 OWNER: CITY OF HUNTINGTON BEACH 2D00 MAIN ST. HUNTINGTON BEACH, CA 92648 PROJECT: HUNTINGTON BEACH PIER BLDGS TOWER ZERO AND RESTROOMS PROJECT NO.: 883 BID DATE: 6/3/99 BID TIME: 2:OOPM CITY OF 4IU'ITI�� � sty � `ACC, CA rj't w8%bwfi"9wL General Contractors & Land Development 4911 Warner Avenue, Suite M 201 Huntington Beach, CA 92849-4475 City of Huntington Beach PUBLIC WORKS DEPARTMENT 2000 Main Street Huntington Beach, CA 92648-2702 BID PROPOSAL ENCLOSED FOR "HUNTINGTON BEAM PIER BUILDINGS Tom= z=0 AND RBSTJ6DOONS" CASH CONTRACT NO. 883 BID DATE: JUNE 3, 1999 BID TItU3: 2:00po SECTION C PROPOSAL for the I ILINTING'f01 Kw%C1I 1'11:I: BUILDINGS `1'OWl--R ZEItO AND R1:STROONIS; from CASH CONTRACT No. Rti in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance math the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and mill 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. "I C-1 d If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find * in the amount of $ * * which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). * Bidder's Bond ** 10% of Total Bid Price Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Vgnature - 1 1 1 5/27/99 1 1 0 11 C-2 PROJECT BID SCHEDULE 1 luntineton E3cach Pier lluildinus (Tot% cr Zero and Rcstrooms)~ CASH CONTRACT No. 983 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ TOTAL AMOUNT LUMP SUM BID IN WORDS: "Tr1ffi—C� iAupjc)kv'v l�t�F57� L-(C1,4 r 1'(}{.7�5/�J0 G�'1C�Hi �iU�SOII.r'� �- C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name of Subcontractor and Address State License Number Class * Please see attached Exhibit A, incorporated herein by 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 EXHIBIT A TO LIST OF SUBCONTRACTORS Huntington Beach Pier Buildings (Tower Zero and Restrooms) Casts Contract No. 883 ''PortionolWork Namd of Subcontractor and State Ucense Number Pass Demolition & Abatec, Inc. 529480 C20, C2, Moving Tower 25422 Trabuco Rd., #105-332 C21 El Toro CA 92630 Structural Steel Elliott's Structural Steel 532103 C51 17670 Taylor Avenue Bloomington, CA 92316 Rough Pacific Interiors 418479 B Carpentry 3320 E_ Chapman #183 Orange, CA 92869 Insulation San Gabriel Insulation 281385 C2 1433 No. Holtenbeck Covina. CA 91722 Roofing Nelson Roofing 208345 C39 1849 Reservoir Drive Long Beach CA 90804 Glass & Glazing Zaun Glass Co., Inc. 271785 C17 1218 West Magnolia Blvd. Burbank, CA 91506 Plaster & Gyp Precision Wall Systems 696259 C9 Board 4091 E. La Palma, #S Anaheim, CA 92807 Flooring Modern Carpetworks 599454 C15 3930 East Miraloma, #A Anaheim, CA 92806 Painting Yang H. Kim Painting 336005 C33 2660 Walnut Ave #E Tustin, CA 92680 Toilet Saddleback Construction Specialties 670435 C61 Accessories 1225 E. McFadden Ave. Santa Ana, CA 92705 Plumbing Zeen Plumbing 660815 C36, C20 11542 Perkins Whittier, CA 90606 HVAC Temp Air, Inc. 363290 C20 601-A West Lambert Road La Habra, CA 90631 Electrical Affordable Electrical Services 749729 C-10 3972 Barranca Parkway #J305 Irvine, CA 92606 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. * Please see attached Exhibit B, incorporated herein by reference Type of Material or Product Name of Vndor lfddress . -of Office . and -Telephani and hfodel(s) Xumber(s) Number C-5 EXHIBIT B TO LIST OF VENDORS Huntington Beach Pier Buildings (Tower Zero and Restrooms) Cash Contract No. 883 Name of •• G.E. Inspection Services, Inc. Address of Office and Tel phone• Number• 1211 Kona Drive Rancho Dominguez, CA 90220 310 635-2700 of or •• •• Rebar location and miscellaneous testing Ganahl Lumber 10742 Los Alamitos Blvd. Los Alamitos, CA 9072D 562 596-4475 Miscellaneous building supplies Walters Electrical Wholesale 2825 Temple Avenue Signal Hill, CA 90806 562 98$-3100 Electrical conduits, junction boxes, wire and miscellaneous supplies Cat-Wal Gypsum Supply 2180 No. Glassell Orange, CA 92856 714 637-3450 Drywall and miscellaneous supplies Duthie Power Services 2335 E. Cherry Industrial Circle Long Beach, CA 90805-4416 562 790-1772 Generator NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California SS. County of Orange Joseph A. Riyhani , being first duly sworn, deposes and says that he or she is President ofAl lv Constructtioaparty 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. Ally Construction, Inc. Name of Bidder Signature of Bidder- prelent 3190 C-1 Airport Loop.Drive Costa Mesa, CA 92626 Address of Bidder Subscribed and sworn to before me this 3rd day of June , 19 99 u NOT EVELYN K. SOLARCZYK •- Comm. # 1216660 ►�n� A NOTARY PUBLIC • CALIFORNIA Vl C-6 Orange County My Comm. Expires April 22, 2003 'R 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 Huntington lieaeli Pier Buildings, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 6/3/99 Ally Construction, Inc. Contractor By Joseph A. Riyhan', President Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the folio%King 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 Froject because of a violation of law or a safety regulation? Yes G If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of die Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-8 i COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the follouring certificate: I am a%%are 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 v&7th such provisions before commencing the performance of the work of this contract. Date: 6/3/99 Ally Construction, Inc. Contractor By Joseph A. Riy ni Title C-9 President UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) ** To be provided upon contract award No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-4224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Ally Construction, Inc. Contractor By Joseph A. Riyh i President Title 6/3/99 Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER'S INFOR`IATION BIDDER certifies that the follo-v%ing information is true and correct: Ally Construction, Inc. 8BE Ref#0018776 Bidder Name 3190 C-1 Airport Loop Drive Y Business Address Costa Mesa, CA 92626 7( 14 ) 437-9322 Telephone Number 749729, B & C-10 State Contractor's License No. and Class Nov. , _ 1989_ _ Original Date Issued May, 2000 Expiration Date The work site -.%as inspected by Andrew Eaufl of our office on May 27 ,1999 . The following are persons, firms, and corporations having a principal interest in this proposal: Joseph A. Riyhani C-11 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. Ally Construction, Inc. Company Name Signature ofBidder - Joseph A. Riyhani Printed or Typed Signature 3190 C-1 Airport Loop Drive, Costa Mesa, CA 92626 Address of Bidder 7( 14 ? 437-9322 Telephone Number Subscribed and s%vorn to before me this 3rd day of Jenne I9 99 . NOTARY PUBLIC NOTARY SEAL PINrEVELYN K. SOrARCIYK Comm.11216660 r�np ROTARY PUBLIC•CALIFORNIAOFOnge County Comm. Erputt Aprl 22.2M3 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: Wiseburn School District 1 13530 Aviation Boulevard, Hawthorne, CA Name and Address Mr. Bill Denney Name and Telephone No. of Project Manager: f31 0) 6 4 3 - 3 0 2 5 Various to Portable Classrooms; misc. electrical; $810,000 and modernization 1997 to present Contract Amount Type of Work Date Completed Centinela Valley Union High School District 2. 14901 Inglewood Ave., Lawndale, CA Name and Address Mr. Don Batovsky Name and Telephone No. of Project Manager: (310) 2 6 3 - 3 2 4 7 Various to Electrical projects, including Portable $200,000 Classrooms, parking lot lighting 1997 to present Contract Amount Type of Work Date Completed American Youth Soccer Organization 3. 12501 Isis Avenue, Hawthorne, CA Name and Address SELPA Campus Name and Telephone No. of Project Manager: Jeff (31 01 6 4 3 - 3 0 2 5 Various Misc. Projects 1998 to present Contract Amount Type of Work Date Completed C-13 06/01/1999 15:39 714-374-1573 HB PUBLIC WORKS PAGE 01 ADDENDUM NO. 1 Date: May 27, 1999 Project: Huntington Beach Pier Buildings Tower Zero and Restrooms City of Huntington Beach Cash Contract No. 883 Owner: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Larry Taite, Project Manager Architect: Dougherty + Dougherty 3194 D Airport loop Costa Mesa, CA 92626-3405 This addendum forms a part of the contract documents and modifies the original bidding; documents, contract forms, conditions of the contract, specifications, and drawings. Bidders must acknowledge receipt of this Addendum on the bid form. Failure to do so may subject the bidder to disqualification. Such information shall. take precedence over that previously published. This Addendum consists of one section: Changes to Drawings It is the responsibility of the bidder to confirm that the Addendum is complete and to incorporate. all items within the Addendum into his Bid Proposal. ACKNOWLEDGED. , Ally Conatructi n, Inc. By: President 06/el/1999 15:39 714-374-1573 tB PUPL.IC WORCS PAGE 02 ADDENDUM NO. 1 Huntington Beach Pier Buildings May 27, 1999 Page 2 CHANGES TO THE DRAWINGS Item No. 1.01 Drawing Reference: Detail Al SIA503 -Speaker Pole Detail Description: ADD: Relocation of speaker pole from existing tower to new tower: Current pole extends to floor of observation level. in new tower, the pole shall be cut off just below the ceiling height of observation level, and supported on top of cPi ling. Verify height and location with owner. Provide flashing and counter -flashing, and waterproofed to pole. Provide collars docking at roof and ceiling penetrations for horizontal support. Provide flange on pole above ceiling and a bearing plate_ on top of the plywood sheathing on top of ceiling framing for vertical support. See detail Al51AS03 attached. DELETE: Detail E11/A502. ATTACHMENTS 1. Detail AllSIA503 (8.S'x11" sheet) END OF ADDENDUM NO. 1 06/01/1999 15:39 714-374-1573 HB PUBLIC WOPYS PAGE 03 i I r t r � 1 ,` JJ 3 4 w mu RCUM SECJ � to am" dt I mw_ FUR KRIWIL sur9aRr VENU Ku Ulm&-[ mw {q Fprt _ racm m nma Kwac ft" Pt sic I= OLOWO OMIA 10 Koo c FWL ra "Osa AL !u emm rlbwr I&tpvwo enm sty sm GROWAT I 2 f 3 5 PLOTTED: PLOT SU:E- _ SKETCH NO. PROJWT DET. A15IA503 HUWNGTON BEACH MER EULDINGS TOWER ZERO AND RESTROOMS Cole: cs-t7-+ems CITY OF HUNTINGTON REACH Job: wig CALIFORNIA SC31E: 1's 1'-0' Lbup)ie !y x: AnOerfy DE9CRQTION �"" AMENDW #1- SPEAKER POLE DETAL 06/01/1999 13.31 714-374-1573 HB PUBLIC WOR'S PAGE e4 ADDENDUM NO. 2 Date: June 1, 1999 Project Huntington Beach Pier Buildings Tower Zero and Restrooms City of Huntington Beach Cash Contract No. 883 Owner: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Larry Taite, Project Manager Architect. Dougherty + Dougherty 3194 D Airport loop Costa Mesa, CA 92626-3405 This addendum forms a part of the contract documents and modifies the original bidding documents, contract forms, conditions of the contract, specifications, and drawings. Bidders must acknowledge receipt of this Addendum on the bid form. Failure to do so may subject the bidder to disqualification. Such information shall take precedence over that previously published. This Addendum consists of. Meeting Minutes from Mandantory Pre -Bid Meeting and Walk -Through on June 27, 1999. It ,s the responsibility of the bidder to confirm that the Addendum is complete and to incorporate all items within the Addendum into his Bid Proposal. ACKNOWLEDGED. Ally Co truc , Inc. ,�^.. By: ;r Josep A. i ani President ` ,Y' 06/01/1999 13:31 714-374-1573 HB PUBLIC WOPF'S PAGE 03 ADDENDUM NO.2 Huntington Beach Pier Buildings June 1, 1999 Page 2 CLARIFICATIONS Item No. 2.01 Contractor is responsible for making the arrangements in obtaining applicable agency permits, but the owner will pay for the fees. For more information see Section E, Part 1, item #7-5 on page E-12. There are no hook-up fees for electricity, water, sewer and telephone. Item No. 2.02 Delivery vehicles are limited HS20-44 truck load, and are not allowed on the pier after 10 a.m. Prior notice to City Project Manager is also required. Item No. 2.03 Contractor to provide fence as indicated on drawings. Maintain 12 feet wide minimum public and emergency access to pier at all time. Maintain project safety and security. Item No. 2.04 Notify City Project Manager 48 hours prior to relocating the existing tower. Tower shall, remain operational during construction. Downtime during the process of relocating shall be limited to 24 hours. Item No. 2.05 Parking permits will be provided at the pier parking lot at no cost to the contractor. Item No. 2.06 Existing pier plans will be made available to contractors at the City Hall during bidding. A set will be made available to the successful contractor for construction. Item No. 2.07 Do not penetrate the pier slab. All utilities are stubbed out. Run utilities under or over the pier slab. Item No. 2.08 Contractor is responsible for locating the existing pier steel reinforcings. Borings are limited to structural anchors only, Do not cut into the existing pier steel reinforcings. Item No. 2.09 Crane use under load shall not exceed H520-44 truck load. Crane(s) with tracks are not allowed on pier deck. Contractor shall make all efforts to avoid contact with pier deck utility trench covers. ATTACHMENTS Sign -in list END OF ADDENDUM NO. 2 State of California ' State and Consumer Services Agency • Gray Davis, Governor SDEPARTMENT OF GENERAL SERVICES Office of Small Business Certification and Resources 15311 Street, Second Floor • Sacramento, California 95814-2016 SB APP 19990318 March 18, 1999 REF# 0018776 AFFORDABLE ELECTRICAL SERVICES 3190 C-1 AIRPORT LOOP DR COSTA MESA CA 92626 Dear Business Person: Congratulations on becoming a certified small business with the State of California. Your certification entitles you to benefits under the state's Small Business Participation Program within state contracting, including a five percent bidding preference and special provisions under the Prompt Payment Act. Certification period Your certification for each business type,Is: J Industry .,; ,,' ,•: �;•' ; ;-From CONSTRUCTION `; _ - 03/18%19�9::�' 02/28%2002 Annual Submission Proof of Annual Receipts f�°✓rJtss.:i;;: To maintain your certified status, you must submit annual federal tax returns for your firm and all affiliates to the Office of Small Business Certification and Resources (OSBCR). Because most businesses do not immediately file their tax returns at the end of their tax year, we will accept a temporary Affidavit of Income. A copy is enclosed for your convenience. Submit an Affidavit of Income to the OSBCR within the first month following 'the close of your firm's tax year. The affidavit is valid for 90 days. When the affidavit expires, submit a signed copy of your firm's federal tax return --including all attachments, statements, etc. If you requested a tax filing extension from the Internal Revenue Service, submit a copy of the extension to the OSBCR. When your tax returns are complete, submit the entire signed federal tax return no later than two weeks after the tax filing extension expires. Prompt Payment Program The Prompt Payment Act encourages state agencies to pay the undisputed invoices of certified small businesses and registered. nonprofit organizationd on a timely basis. Prompt payment is reinforced by adding interest penalties for late payment. Covered under the Act are certified small businesses that are either a service, manufacturer, or non -manufacturer firm, and nonprofit organizations registered with the OSBCR. _• Compensation on late or unpaid progress payments for.certified construction firms is addressed in Public Contract Code, Section §10261.5. 01Tice of Small Business Certification and Resources . REF# 0018778 AFFORDABLE ELECTRICAL SERVICES March 18, 1999 3 SB APP 19M318 l A, POR RN. 111.S9 Standard Industrial Classification (SIC) Code(s) Certification Approval Attachment You selected the following Standard Industrial Classification (SIC) codes and/or contractors license classifications to describe your firms business: *Construction firms are classified by their California contractor's license classification(s). 4-Digit SIC Industry Code" SIC Code Descrietion CONSTRUCTION B General Building Contractor C-10 Electrical (general) t Office of Small Business Certification and Resources REF# 0018776 AFFORDABLE ELECTRICAL SERVICES March 18. 1999 S9 APP ISM18 F The Prompt Payment Program includes the use of a rubber stamp to alert state agencies of a firm's certified small business or registered nonprofit status. Ordering a rubber stamp Rubber stamps are available In two styles: Traditional rubber stamp $15 Pre -inked rubber stamp $25 To purchase a rubber stamp, return the enclosed "Prompt Payment Stamp Request" to the 03BCR with your check or money order made payable to the "Department of General Services.* Reporting Business Changes Submit a'I address and other contact information changes to the OSBCR. All submittals must be signed by an owner or officer and may be faxed or mailed. Report all changes in business name, structure, or ownership by submitting to the OSBCR a new "Small Business and/or Disabled Veteran Business Enterprise Certification Application" (STD. 812). Your firm's business Information must remain current with the OSBCR or your certification status may be subject to suspension and subsequent revocation. Proof of Eligibility Maintain this original certification letter for future business needs. To demonstrate your firms small business eligibility, include a copy of this letter In your state contract bid submittals. Prior to contract award, agencies will assure the vendor is in cornpliance with Public Contract Code, Section 10410 et seq. addressing conflict of interest for state officers, state employees or former state employees_ Certification Renewal A renewal application will be mailed to you prior to the expiration of your small business certification. If you do not receive an application, please call us so that you may timely renew your certification. If you have any questions. please contact me at 916.445.2190, e-mail louise.kurashige@dgs.ca.gov, or fax 916.442.7855. To better serve you, please have a copy of this letter and the "Small Business andfor Disabled Veteran Business Enterprise Certification Application" (STD.812) booklet when you call. The OSBCR offers various programs to further participation in state contracting. You may visit our Internet website at www.osmb.dgs.ca.gov, or call our OSBCR Telephone Information System at 916.322.5060. Sincerely, l,CYJ1,�,���u�(,t,c Louise Kurashige Certification Officer Office of Small Business Certification and Resources 5fitfi cf (Irrifarrttn gauf rurfarkaft TOtrar Pursuant to Chapter 9 of Division 3 of the Business and Professions Code and [lie Rules and Regulations of the Contractors State License Board,' the Registrar of Contractors does hereby issue this license to: ALLY CONSTRLIC;rION INC d6a AFFORDABLE ELECTRICAL SERVICES ;age in the business or act in the capacity of a contractor in the following classification(s): CIO - ELECTRICAL (GENERAL) B - GENERAL BUILDING CONTRACTOR Witness my hand and seal this day, February 2),1999 Issued May 20, 1998 CERTIFIED COPY c.w�a1f It.. Dryfnew,t of Consumer Allaits C Lance Barncit. Ph.D. ReRislrar of Coniraciors '�`� This license is the pmperty of the Registrar of contractors, is not [[11 5iFn�tu Ol tCr' Qu.1I1fICr transferrable, and sfial! be returned to the Rel;istrar u�xm demand 7�!%29 when suspended, revoked, or invalidated far any reason. It becomes License Number void if not renewed. ot-N tR0.. V 41}'-• 41 orm . 1 � .tin. Bond - o..N/A•••.•--•............... Fidelity and Deposit Company HOJfE OFFICE OF MARYLAND BALTIA20RE, MD. 21203 BID BOND KNOW ALL INIEN BY THESE PRESENTS: That we- .. ALLY CONSTRUCTION,....INC.. ...................................... ... ............................................................................................... as Principal, (hereinafter called the "Principal'), and the FIDELITY AND DEPOSIT COMPANY OF NIARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto .................. CITY OF HUNTINGTON BEACH ...........................................................•---......................................------•-----.........---•-----------......----••------•--•--.-- -- ----.....--•................................•-----------.......---........------•--•--•-•-•-....--•---....---............---•--....---------------------------------------....-•---•-•---....----- --•----•...............•--•---...............--•-----•----•--.....------.............--••---•----.......---.......as Obligee, (hereinafter called the "Obligee"), in the sum of ... TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID Dollars • -- .. -- -- -- -- for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for ...... .................................................................. "HUNTINGTON BEACH PIER BUILDINGS TOWER ZERO & RESTROOMS, #883" --•----------------•---......--•----•---•-•-•-----------•---•-•--....---•----......------................-----------•----------•------•------------............-----...... NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such -bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this.25TH.................................................. of......--MAY•-•--------..................----...A.D. 19..99... FIDELITY AND --- --- ........... .......................................................... Witness ALLY CONSTRUCTION, INC. rs ------------------ seph A. Ri+y.......- ... --------------------------- Joy ni Title President DEPOSIT COMPANY OF MARYLAND B122W... � eATTOR (SEAL) C32M-00M. Approved by The American Institute of Architects. A.I A. Document No. A-310 February 1970 Edition. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On MAY 25, 1999 before me, M. TREDINNICK, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC - personally appeared MICHAEL A. QUIGLEY NAME(S) OF SIGNER(S) 0 personally known to me - OR - ❑ to be the person() whose name() is/gmv subscribed to the within instrument and ac- knowledged to me that he/sbm0hi : executed the same in hishbMUCbuk authorized capacityrj, and that by hisA'r signature(%) on the instrument the person(if), or the entity upon behalf of which the M 1REDINN)CK person(a) acted, executed the instrument. Commission # 1213054 ` = NotaryPublic - Califamia ' orangeCounty My comet.m.Mar26, 20m WITNESS my hand and officia171. IGNATURE or NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TI LEM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Michael A. Quigley, of Aliso Viejo, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuancse presents, a as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ack " ed by the elected officers of the Company at its office in Baltimore, Md., in their own proper persons. /Z e The said Assistant Secretary does hereby certify that the extract set the reve ereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. ° IN WITNESS WHEREOF, the said Vice -President and Assist have subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAI 25th day Qf t, A.D. 1997. ATTEST: FIDELITY ANDfiOSIT COpAANY OF NIARYLAND SEAL .t, By: �dce- •• +• T. E. Smith ° Assistant Se W. B. Walbrecher vice -President State of Maryland ss: County of Baltimore On this 25th day of August, A.D. 1997, before the su cr?>�r� a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice -President and T. E. SMI . tant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and offi ribed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swo rally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the precedir ►strument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. if. ^ V - . cosR` Car I J. Fader Notary Public My C missi Expires: August 1, 2000 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 25TH day of MAY L1428-012-0626 1999 Assistant Secretary ALLY Constn►ct►oi 3190 C-1 Airport Loop [ Costa Mesa, CA 92626 Inc. PROJECT: Huntington Beach Pier Buildings (Tower'Zero and Res+trooms ) CASH CONTRACT NO.: '883 BID DATE: 63/99 2:OOPM BID PLACE: City Clerk 2000 Main St., 2d Floor Huntington Beach, CA 92648 v F B CITY OF HUNTINGTON BEACH OINTERDEPARTMENTAL COMMUNICATION TO: THOSE LISTED HEREON . FROM: ADMINISTRATIVE SERVICES, Accounting and Records DATE: August 2, 2000 SUBJECT: 10% RETENTION PAYMENT Beach Pier Buildings (Tower Zero & Restroom CC-883 EMAE International, Inc. The conformed copy of the Notice of Completion for the above contracts has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. 8 Fi DAIII. VILLELLA, D' inance certify that no stop notices are on file on the su 'e at this time. Date: ��. ERT F. BEARDSLEY, Public Works Director I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed. Date: '5r-{Y-OL> CONNIE BROCKWAY, City C r 1 certify that there are no outstanding invoices on file. Date: S R ID NRICH, City Treasurer G:ADM..IN1STRATION110% Retention Payment W/00/7:52 AM RECEIVED BY: I ^;� L (Name) $-Z1-ot, (Dare) CITY CLERK RECEIPT COPY Retum DUPLICATE to Jeffrey Hughes (ext. 5260) after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATT�N::- Jim SI �booia�n, Deputy City Treasurer FROM: DATE:' SUBJECT: Bond! Acceptance I have received the bonds for ��� ��� _• (Company Name) - Faithful Performance Bond No. Labor and Material Bond No. Monument Bond! No. Maintenance Bond No. s'74p�20 Re: Tract No. CC No. MSC No. Approved at r 6- 21 -`, (Council Approval Date) Agenda Item No. r + City Clerk Vault No. EM W .�6U g-ilahlbondletter.doc /.•11�s`�7.:::��:{:.C:� i - Wit: s` 2�'cr=INTEFiNA'i1Dl�AL 11�ISCIRANCE'COMPIiIVY�;'' w.. {NOW ALL BY THESE PRESENTS that EMAE INTERNATIOYAL,.INC. R..../.\..r•1 i w Fes•# '•NiA1NTENAi�'C�=� •:�;: :mac"=n3 Bond No. S-700 8220 — A es Princlpel, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, an Arizona corporation, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, In tho sum of OUR HUNDRED TWENTY—FIVE THOUSAND ONE HUtr'DRED NINETY AND 84 100 — — Dollars is , for the payment of whlch sum, wail and truly to be trade, the Princlpsl and Surety bind themselves, thelt Melts, executors, sdministrators, successors And acslgns, jointly and severally, firmly be these presents. WHEREAS the Principal has ontered Into a Written contract dated _ with the Obligee for TOWER ZERO AND RESTROOM BUILDINGS and WHEREAS sold Principal Is required to post a bond to guarantao ropair or replacement of faulty m_ aterlat or workmanshlp for a parlod of one year from and after the date of acceptance of aeld work. NOW, THEREFORE, if the said Princ}pal shell ropair or replace any and all defects In sold work during the aforeseld period, then this obligation shell be void; otherwlce to remain In lull force and affect. Signed, sealed and dated JUKE 28, 2000 aPP _tr S TO FO :3: GAIL 1'' r:►,, C1 'Y EMAE INTERNATIONAL, INC. BY Mohamed Mamoun WASHINGTON INTERNATIONAL INSURANCE COMPANY By�BLUME !/7 5 Anorney-WFact STATE OF �J CALIFORNIA COU\TTY OF RIVERSIDE On 6 g d O ,before me, SS. R. STANDLF.Y PERSOXALLY APPEARED SHAV"N BLUME personally known to me _ S�1i-' •- a -idi'MCP to be the person(4. whose name{-}- is/a:� subscribed to the within instrument and acknowl- edged to me that he4h@4ilie) executed the same in his/ l.., A: eir authorized capacity(es , and that by his/hor1 -their signature(} on the instrument the person44 or the entity upon behalf of which the persorv(c t cted, executed the instrument. WITNESS my hand and official seal. Signature -L` OPTIONAL R. STANDLEY COMX V1263272 CC s WARY PUBLIC-CALIFORNIA V R)bcRSIDZ CCUNTY Mvcat"m P..Iro Iun-7,=OOS This area for Officizl Notarial Seal Though the data below Is not required by taw, It may prove valuaSle to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TIMIS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING- NM--- OF PEPSON(S) OR ENTITYpES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1D-OSI Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT WASHING��V INTERNATIONAL INSURAI...; COMPANY POWER OFATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint SHAWN BLUA,'E, SUSAN C. MONTEON, ROSEMA R Y STA NDLEY AND IVICHAEL D. STONG EACH IN THEIR SEPARATE CAPACITY its 1-ue and lawful attorney(s)•in-fact to execute, seal and deliver for and on its behalf as.surety, any and all bonds and undertakings, reccgnizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, reclu'red, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, sha!1 be as binding upon the said Lashington International Insurance Company as fully and amply, to a!I intents and purposes, as if the same has been duly executed and acknowledged by its President and /or its principal officers. This, Power of Attorney shall be limited in amount to $7,600,000.00 for any single obligation. This Power of Attorney Is Issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22. 1978, July 3,1980 and October 21,1986 which read, in part, as follows: 1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in -Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of attorney Issued in pursuant to this section andlor any of the By -Laws of the Company, and to remove, at any time, any such Attomey-in-Fact or Special Attorney -in -Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal of axed in the ordinary course of business shall be valid and binding upon the Company. IN -IE�:TIN'0tq WijFRE0F. the Washington International Insurance Company has caused this instrument to be signed and its corporate seal to IZe aH;x�k fs,Qy(ttor¢ed officer, this 291h day of Nov ber. 1999. WAS T INTER TI011AL INSURANCE COMPANY z �2 Steven . And rson, Senior Vice -President ST1t:TJ~'Of, r�+``��` COUNy*0E-DUP`AGE) On this 29th day of November.1999. before me came the individual who executed the preceding instrument, to me personally known, aid. being by me duly swom, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seat affixed to said Instrument Is the Corporate Seal of said Company; IN TESTIMONY VV-IEREOF, I have hereunto set my hand and affixed my Official Seat, the day and year first above written. OFFICIAL SEAL �. YASt�i1N A PATEL Yasm'. Patel, Notary Public NCkTARY F� rc, STJITE of itt.INOiS My C mission Expires August 18. 2002 CEf: jff="Ss1ON EXPMMOfN1SM2 STATE OF DUPAGE COOK) I. the undersigned. Vice -President of WASHINGTON INTERNATIONAL INSURANCE COMPANY. an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 111. :section 5 o` the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Dupage. Dated theA day of . JameA. 6rpente;rvice-President V I, DECLARATION OF SATISFACTION OF CLAIMS Mohamed Mamoun , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public %ti-orks contract entitled Tower Zero & Toilet Facility and dated June 21, 2000 2. All corkers and persons employed, all firms suppling materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, nvhich have been filed under the provisions of the statutes of the Statz- of California: (if none, state ";`IONS") "NONE" I declare under penalty of perjury that the foregoin3 is true and correct. Executed at Huntington Beach, CA on this w (Signature of ntractor) g-00z&S4c0n2 30thday of June 2000� is :0 TI .4 J f City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-883 Tower Zero & Restroom Project Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, -watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contractor training program provisions applicable to the wage rate paid. President Signature ane &mcrashconi GA II, WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder 111111111111111111111111111111111111111111111111111111111111 NO FEE 2000040113410:41 am 08101100 110 3 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648., that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to EMAE International, Inc. who was the company thereon for doing the following work to -wit: CC — 883, Beach Pier Buildings (Tower Zero and Restroom) The project includes the construction of a lifeguard tower (Tower Zero) and toilet facility on the Huntington Beach Pier. That said work was completed July 17, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, July 17, 2000. That upon said contract Washington International Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 24th day of July, 2000. City Clerk and x-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 24th day of July, 2000. WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 City Clerk and ex-officio-Clerk of the City Council of the City of Huntington Beach, California �r J CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK COMIE BROCKWAY CITY CLERK July 24, 2000 Gary Granville County 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 Completon to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, dmw'� f Connie Brockway, CMC City Clerk CB:jh Enclosure: Notice of Completion -- CC No. 833: EMAE International, Inc. ITtle phone: 714.636-6227) WHEN RECORDED MAIL. TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to EMAE Intemational, Inc. who was the company thereon for doing the following work to -wit: CC — 883, Beach Pier Buildings (TowerZero and Restroom) The project includes the construction of a lifeguard tower (Tower Zero) and toilet facility on the Huntington Beach Pier. That said work was completed July 17, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, July 17, 2000. That upon said contract Washington International Insurance Company was surety for the bond given by the said company as required by law. This document Is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 24th day of July, 2000. x-Gt� City Clerk and x-officio Clerk 7 of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA County of Orange ) ss: City of Huntington Beach I, CONNIE BROCKWAY, the duty 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 duty and regularly ordered to be recorded In the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 24th day of July, 2000. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAILTO: CITY OF HUNTINGTON BEACH Office of the City Cleric P. O. Box 190 Huntington Beach, CA 02648 7 R- , G"M-kN_ �-fYY � OF HUNTINGTON BEAC%IMI --����MEETING DATE: July 17,2000 DEPARTMEBER: PW 00-035 Council/Agency Meeting Held: �7— i�1 00 Deferred/Continued to: Appr ved C3 Conditiona'ly Approved 0 Denied W. q le s ignature Council Meeting Date: July 17, 2000 Department ID Number. PW M035 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS r ter-= SUBMITTED BY: RAY SILVER, City Administrator 4W i%BERT %-/'kEPARED BY: F. BEARDSLEY, Urector of Public Works RON HAGAN, Director Community Services w C-, SUBJECT: Accept the Tower Zero & Restroom Project CC-883, and File a Notice of Completion Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Staters, Attachmem(s) Statement of Issue: EMAE Intemational, Incorporated, has completed its contract for the construction of the Tower Zero & Restroom Project CC-883. Funding Source: State Grant and Pier Funds were authorized for this project. Recommended Action: Motion To: 1. Accept the Tower Zero & Restroom Project CC-883 at a final cost of $425,190.84, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Actions : None. Analysis: On June 21, 1999, the City Council awarded a contract to EMAE International, Incorporated, in the amount of $385,000 to construct the Tower Zero & Restroom Project CC-883. The adopted project budget also included $41,000 to cover potential change orders and $20,500 for supplemental expenses, for a total of S446,500. 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. J�� q 883lnotice of eompletionlrca -2- 06122100 3:35 PM RERUEST FOR COUNCIL ACTIS� MEETING DATE: July 17, 2000 DEPARTMENT ID NUMBER: PW 00-035 The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract amount: $385,000.00 $385,000.00 2. Change orders: 41,000.00 $40,190.84* Project Construction Costs: $426,000.00 $425,190.84 3. Supplemental Expenses: 20,500.00 20,000.00** Total: $446,500.00 $445,190.84 * Four change orders were issued. ** Estimated final cost will be determined when the all invoices are received. Public Works Commission Review: N/A Environmental Status: Not applicable. Attachment( : RCA Author. Charlonne: 8831notice of completionlrca -3- 06122/00 3:35 PM RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: BLUFF TOP PARK RAILING REPLACEMENT PROJECT, CC-1134 COUNCIL MEETING DATE: July 17, 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 Attome) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff { ) ) Assistant City Administrator (initial) ( ) ( ) City Administrator (Initial) ( ) ( OVA.* ) City Clerk { } EXPLANATION FOR RETURN OF ITEM: low CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL. COMMUNICATION TO: Ray Silver, City Administrator a FROM: Robert F. Beardsley,*c Works J� V Director of Publ �-r �y SUBJECT: Update on Construction of Lifeguard Station Zero and Pier Restrooms DATE: July 12, 1999 Bids were opened for the Huntington Beach Pier Buildi.-igs Project on June 3, 1999. At the June 21' Council meeting, the construction contract in the amount of $385,000 was awarded to EMAE Intemational. A construction pre job meeting is scheduled for July 22nd. At this time, the contractor plans to mobilize on the pier the week of August 74. Tower Zero and the existing trailer concessionaires will be moved to interim locations the week of August V. Construction will begin following these relocations. The construction contract time will be approximately six months. Inconveniences to pier visitors and businesses will be minimized. RFBILDltim a Memoformat PROOF OF PUBLICATION STATE OF CALIFORNIA) ) Ss. County of Orange } l am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of r SECTION A State of California. then9n- �-Marid 2tbry pm�Td' the HUNTINGTON BEACH INDEPENDENT, a NOTICE INVITING SEALED BIDS lrrum pro arng rate of per diem wa s for each craft- meeting and walk-fhnxl;h 01 s.te will be hell on May2,1999arto:ooam. newspaper of general circulation printed for the HUNTINGTON BEACH arss=fiprori or type a workman needed to ex- T (meet a' Tower Zeroj, for. the purpose of revle,M;ny. b J and pu lished in the City of Huntington �- -PIER BUILDINGS - TOWER ZERO scut the oon,ract shall be those determined by the Dreclor d lndustnal Rela. bid gents, recevhng bdder ques:ons and re - t'e'v"r9 Beach, County of Orange, State of AND 116STROOMS CASH CONTRACT Ions or fhe $fare or Cantor- nut. which are on hie at Ills Cite sire. Pursuant to the amended California, and that attached Notice is a No- 883 In � CNI" of the Director o1 Public work. 200o Fain Public Contract Code Section 3400. Contractors true and complete copy as was printed CITY OF HUNTINGTON BEACHCA Sheet, Huntington Beach, are now required to submit rttmon mqwsti for an equal male'Lals equal • and published to the Huntington Beach PUBLIC NOTICE IS HEREBY GIVEN tmel the a 10% rENCion fro du l ' '°e° retention from Of p to award Of systems con - �� during a and Fountain Valley issues CITY OF HIINTINGTON BEACH. AGENCY. In- progress payments. The he utractor may substitute period sped - fled in the bid documergs. Nosubsktkrtionn4p"A of said as an escrow holder su"of s newspaper to wit the issue(s) of• rites sealed bds for the above -staled projea and ; equal value to the retention in a000rdance wren" will be considered attar award of the contract. ' v a recetvesuch bids in the office of the City Clank, of tie CalAon'" provrsiana Govemnrenl Code. Section Project Oescriptloin Construction of a 11equard iSecond Door, 2000 Main Street, Huntnglon Beach, 4590. The Contractor shag be term dal d Cite lower (Tower Zera} and Talel Faal„y on the Hunt- M a 13 2 0 2 7 1999 Y r s � Califon= 9" up to the . hour of 2 DO ah. on June 3 1939. Bids w n be pub- a iall sure and atmalf receive any interest thereon. �hqt 7 Beach Pier. he�o^ea schedtda IS i _hdy open in the Counclf The AGENCY hereby of- ffrrnadvey ensures 09 mi- 12 g days . Tt'e Engrrlee s eetinare Chambers urft" other• whse posted. nonry business erlte�prises win be anortw tulh W for t+e wore Included to 11" contract is s410.000. =portunay w4 coin• to submit bde in response 10 this none and over Zero $241,750, ' _ Oilel FaWdy it 68.250). trace deomrrtart A are avail- able fMM to OI�.of the wit nol be drscnmrlrleC agsinst On -The Da�9 1Y. r dues moms snap be direew W. --• •----�'--• -- A -- 1 declare, under penalty of perjury'`that -air1o,-cr Pu!<r,•c Works, 2000 Main Straat, Hum- racecaior, na•9orW ongim 1141111 Noble, A I A; he + boknonertyr. • the foregoing is true and correct. ngton 500ch, CA 92"ie urn d a $35.00 ancestry, sex or religion ir any consideration leading I r (714 42 -C277 The AGENCY -as r10n tee Il pp'�'� + up, or [mayrrtanl d a s5D.a7 � a �e award pr coral ad a bid span co oorl. rose the right fo moct any cr an bids, to 1Wrdrve any it - nonrefundable fee it eidered unless It is prepay on the &ppmvad reyularlty and to take an Executed on May 27 199 9 traded. Any tbrltraCt entered k11C th,a nova wA roposal Corms n Can t^s'^� bids tfder advisement for' a MArnum penod d 60 ,� ,,,,o tionss to Ddd daByYs. at Costa Mesa California. a Me =""� The by must be ac eck. tamed a certified check. ITY COUHIL � C TY` OF Pursuant to the pmvtafons of the Labor code 01 the s wsh+ers check, or bidders check. bond made payable to the HUNTINGTON BEACH, CALIFORNIA the third day AGENCY for an amount no may, 1999. less Mal -1� . of _ tm amount b-d. AMstl: Connie The successful bidder CITY CLERK Tt�F iE slat! be licensed in ac- CM OF c3rdance With provisions or HUNTINGITM MCH t n e Business and Frolessions Code and Published Huntington Baaahfoulla�- V shall possess a State Con-IIdttttgr the trio License c ttassact et,'27, tie brae this contract is. QD¢ D52496 Signature awarded. The successful Corlrador and his subcor-- traclors win be required IS PFossess business hcensa L'on1 the AGEftCY, __ —, kl.J �.J one CITY OF HUN'TINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK LETTER OF TRANSMITTAL OF ITEM APPRON'M BY TIIE CIT1' COrtNCILI REDEVELOPINYENT AGENCY OF THE CITY OF IiLTh'TIN'GTON BEACH DATE: LAI �7, r1 TO: Q G lYJ><t.G?74L✓�!'i -576 ATTENTION: Name , �+ 9!/ YYQY�tr�. �Y�.�UI�i -7 10 . DEPARTMENT: �i�lSiden 5tre v?G REGARDD;G: & --tf3_ _ _�_0��, ity, State, Zeg,Q-tc&o o See Attached Action Agenda Item Date of Approval 1 i Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Pagc Agreement Bonds Insurance RCA Deed Other CC: Ber7-XosJ-ey f'u1a —Z &z;,,Os (Same rA IaF: --_- Department ub s RCA ..,� Asr"Mtnt Insurances Other ' Name jd=�A6/ate' DC p ment RCA ✓ Agreement ✓ Insurance ✓ Ocher _ Z Depa rnent6.0771 SD RCA A;tc1/1 Insu 1 Other —; - — =4 d Department RCA AArrement Insurance Other Risk Management Dept. Insurance Received by Name - Company Name - Date GTollowuplcoverltr [Telephone: 714.536a5227) 7A,7g — Phi hEQ1UEST FOR COUNCIL ACT-/T9 0 t-A MEETING DATE: June 21, 1999 /fACo'rr N DEPARTMENT ID NUMBER: PW 99-051 Council/Agency Meeting Held: 1156�• d rred/Continued to:proved Denied V0 Conditionally Approved O� v lerk's Signature y Fez Council Meeting Date: .tune 21, 1999 Department ID Number: PW 99-051 REQUEST FOR COUNCIL ACTION C y h G-1 C, ,�E3 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS C-) SUBMITTED BY: > RAY SILVER, City Administrato v C U �. PREPARED BY: —ROBERT F. BEARDSLEY, Director of Public Work a RON HAGAN, Director of Community Servicesg} lot SUBJECT: AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT FOR THE HUNTINGTON BEACH PIER BUILDINGS PROJECT (CC-883) Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City award the construction contract to the lowest responsive/responsible bidder from the list of bidders who submitted sealed bids to the Office of the City Clerk on June 3, 1999, for the Huntington Beach Pier Buildings Project, CC-883? Funding Source: State Grant and Pier Fund - The city has received two State grants totaling $297,000. The city will fund the entire project and will be reimbursed by the state for the $297,000. The shortfall for the project of $149,500 will be funded through the Pier Fund. Recommended Actions: Motion to: 1. Approve the lowest responsive/responsible bid submitted by EMAE International, 4911 Warner Avenue, Suite 201, Huntington Beach, CA 926494475 for the Huntington Beach Pier Buildings Project, CC-883; 2. Authorize the Mayor and City Clerk to execute the construction contract in the amount of $385,000, and 3. Authorize the Director of Public Works to expend a total of $446,500 to cover the contract amount of $385,000, estimated construction contingency of $41,000 and supplemental expenditures of $20,500. J�A Pier Bldgs Project (CC-883) Aw -2- 06/09199 10:34 AM &-QUEST FOR COUNCIL ACTfCTN MEETING DATE: June 21,1999 Alternative Action(s): DEPARTMENT ID NUMBER: PW 99-051 1) Deny award of the contract of EMAE International, and select one of the other responsivelresponsible bidders. 2) Reject all 8 bids and direct staff on how to pursue project. Analysis: On May 3, 1999, City Council authorized the Director of Public Works to solicit bids for the Huntington Beach Pier Buildings Project, CC-883. On .tune 3, 1999, bids were received and publicly opened by the City Clerk. The project cost estimate was $410,000. A total of 8 bids were received and are summarized below, by order of least dollar amount. 1) EMAE International $385,000 2) Ally Construction, Inc. $398,837 3) USS Cal Builders, Inc. $437,000 4) Varkel Construction $459,458 5) Interlock Construction, Inc. $465,600 6) Team Construction $498,000 7) Platinum Construction $530,096 8) T&M Construction $575,000 The following is a complete breakdown of the construction budget for Huntington Beach Pier Buildings, CC-883: General Construction & Contingency: EMAE International $385,000 Contingency 4, $ 1,000 Sub Total: $426,000 Construction Supplemental Expenditure: 1) GTE $3,146 2) Undesignated Supplemental $17,354 Sub -Total: $20,500 The total cost for the construction of Lifeguard Tower Zero and the pier rest room is $385,000, plus $41,000 for contingencies and $20,500 for project supplementals. The total allocation is $446,500. The City has received two state grants specifically for these two structures on the pier. The grants total $300,000 of which one percent is kept by the state Pier 81d9s Project (CC-883) Aw -3- 06/09/99 10:34 AM heOUEST FOR COUNCIL ACTIoIG MEETING DATE: June 21,1999 DEPARTMENT ID NUMBER: PW 99-051 for administration. The remaining $297,000 is identified for expenditure on this project. The Pier Fund is being recommended to cover the shortfall of $149,500. Environmentaf States: Not applicable. Attachment Us: 1. Location Map Pier Sidgs Project (CC-883) Aw 4• 06109199 10:34 AM �J ATTACHMENT #1 I sh� L�NJ06DQl�ICJ P 91009`u e (Mg-ff- w TOWIN2 Xrf2o ewo ar5oTwoom VICINITY MAP /lut e4 7/i 4199 7 t_ �.J k.) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EMAE INTERNATIONAL, INC. FOR CONSTRUCTION OF BEACH PIER BUILDINGS (TOWER ZERO AND RESTROOM) (CC-883) THIS AGREEMENT, made and entered into this Ala f day of Is. 111 1999. by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and EMAE INTERNATIONAL, 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 beach pier buildings (Tower Zero and restroom) (CC-883) 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 cf 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 bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner g-agree:EMAE:06111199 Mi 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 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 g:agnee:EMAE:O&I f M 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, specificat.ons, 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 Three Hundred Eighty Five Thousand Dollars ($385,000), 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 (1 0) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion g:agme: EKIAE:06/11 /99 3 within one hundred twenty-five (125) working days from the day the nNotice 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. g 2gree:EMAE:06l11/99 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 g:agree: EMAE:06/11 /99 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 DAMAGESIDELAYS It is agreed by the parties hereto that in case the total work called for hereunder Is not in aft 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 days delay in completing the work in excess of the number of workinglcaiendar 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. gagrecEMAE:06l11199 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. g:agree:EMAE:06111/99 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 are equitable adjustment in g:agree: EMAE:06111199 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 (110%) 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 g:agree: EtiUAE:06/i f M 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. INDEMNtFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole Wilful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured g: a gree: E MAE :06111199 10 iIN against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall fumish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 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 sha!I provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including prod uctshompleted 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 applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. g:agree:EMRE,06l1 IM 11 V 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 fumish 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. g:agree: EMAE:06111/99 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 worts to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NOWASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CJTY and the surety, 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. g:agree: EMAE:06111199 13 V 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 Kay 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 g:egree: EMAE:06111/99 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. EMAE INTERNATIONAL, INC. By: ztG Mohamed Martfoun, President AND By. ; Ehab Maamoun, Secretary REVIEWED AND APPROVED: &2' City Azeninistrator g:agree: EMAE:06/11 /99 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califor 7 Mayor ATTEST: City Clerk �G '�- 9 APPROVED S TO FORM: ity Attorn ev IITIT AND APP OVED: I I v 9 gq �°�1 l ►'� �`� Director of ubli orks In 15 u CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENIAE INTERNATIONAL, INC. FOR CONSTRUCTION OF BEACH PIER BUILDINGS (TOWER ZERO AND RESTROOM) (CC-883) 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 B. 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 FEE 15 32. ENTIRETY 16 g:agree:EMAE:061i IM SECTION C PROPOSAL for the I VJNTTNGTON BEACH PIER BUILDINGS (TOWER ZERO AND RESTROOXfS, from CASH CONTRACT No. 883 in the CITY OF HUNT NI GTON BEACH TO THE HONORABLE NLAYOR AND MEMBERS OF THE COUNCIL OF MJNTINGT04N 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, znaterial, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit andlor Iump 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. Bidder's Accompanying this proposal of bid, find Bond in the amount of $ 0 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No ` -Date Received-; Bidder_'r Signature 1 ••5/27/99 2 fi t 9 C-2 PROJECT BID SCHEDULE I luntington Beach Pier Buildings (Tom,er Zcro and Resuooms) CASH CONTRACT No 883 TOTAL AMOUNT LUMP SUM BID IN FIGURES $ W5, o00 00 TOTAL AMOUNT LUMP SUM BID IN WORDS -AAtZ6 -"kjVp kb E46 RTy C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion: e of Work Name of Subcontractorand Address "' ' - �_ ffi State License - NumberF Class - s \1 RG t� O'L C eL�N � Cam. 1 G'3O �S3-3 G-15 5P IRM V-Ojg� 1�CU3 T d� G +vim G.� L� AA Cr4t) t=gC0k ' cry L -144` 6-2 C,(o 3+4SO0 )L G-" By submission of this proposal, the Bidder certifies 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 EM C-4 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use w - w Name of Vendor � I x ` = �'Type Address' of Office and Telephone- R 'Number + of Materral or Product and Model(s) Number(s) ' " _ I It JOD01 Lo, G ��aQ U vIEw o C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED N'VITH BID State of California ss. County of Orange Mohamed Mamour; being first duly sworn, deposes and says that he or she is President Of EMAE Int' 1 the ply 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. EMAE International, Inc. Name of Bidder Signature of Bi r 4911 Warner Avenue, Suite 201 Huntington Beach, CA 92649 Address of Bidder Subscribed and sworn to befor. -ma's 2nd day of June , 19 99 NOTARY PUBLIC NOTARY SEAL J UZABEM L RAKREZ _ Commission * 1174311 C-6 Natary Puc tC • CCROrrk 7.- Orange County .rf UTILITY AGREEMENT HONORABLE NLAYOR 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 Huntington Beach Pier Buildings, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical sedondary' -6r 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 2, 1999 E14AE International, Inc. Contractor By President Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes oNo 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 2, 1 999 EMAE International, Inc. Contractor By President Title C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NTMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at I-8004224133 a znuumrun of two working days before scheduled excavation. N/A @ Time of Bid Dig Alert Idenhfrcation Number: Contractor By Title Date: Note: This form is required for every Dig alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 C�I BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: EMAE International, Inc.f Bidder Name 4911 Warner Avenue, Suite 201 Business Address Huntington Beach, CA 92649-4475 ( 714 . 840-0113 Telephone Number 734920 B l f State Contractors License No. and Class April 30, 1996 Original Date Issued April 30, 2001 Expiration Date The work site was inspected by May 27 , 19 99 Ehab Maanoun of our office on The following are persons, firms, and corporations having a principal interest in this proposal: Mohamed.Mamoun, President Ehab Maamoun, Secretary -Manager -Treasurer C-11 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 v"zth the plans and specifications set forth. EMAE International, Inc. Company Name Signature of Bidder Mohamed Mamoun Printed or Typed Signature 4911 Warner Avenue, Suite 241 Huntington Beach, CA 92649-4475 Address of Bidder 7( 14 i 640-0113 Telephone Number 2nd June 99 Subscribed and sworn to before me this day of ,19 NOTARY PUBLX C-12 EjWuH i. RAM1REZ Commission 0 1174311 @MyC=m Notary Pudric-California 0ante County 50w Feb 21.2 = ! Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within th-. past two years: 1. City of Alhambra 111 First Street Alhambra, CA 91801 Name and Address Augustine Name and Telephone No. of Project Manager: Torres _ (625 570: 5054 $88,971.08 Playground & Restroom Renovation 11/97 Contract Amount Type of Work Date Completed I NJ IF. City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Name and Address Yadi Name and Telephone No. of Project Manager: Fgrtad i (3101 5 01- 0 2 2 o r x t. 3 0 0 $295,000.00 Park Concession & Restroom Improvements 10/99 Contract Amount Type of Work Date Completed 3. City of Redondo Beach 415 Diamond Street Redondo Beach, CA 90277 Name and Address Cuong ;. Name and Telephone No. of Project Manager: , Dang (31A 318 - 0 6 6 2 Ext . 2 4 0 3 $498,073.29 Teen Center Renovation 4/1999 Contract Amount Type of Work Date Completed C•13 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, EMAE INTERNATIONAL, INC. J'hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organizdd and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA CITY OF HUNTINGTON BEACH as Surety, are held and firmly bound unto in the just and full sum of TEN PERCENT OF THE AMOUNT OF THE BID (hereinafter called the Obligee) Dollars 00% OF AMT. BID ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the HUNTINGTON BEACH PIER BUILDINGS, TOWER ZERO & RESTROOMS in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void; otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 28th day of MAY ' 19 99 EMAE INTERNATIONAL, INC. By Mohamed Mam n, President WASHINGTON INTERNATIONAL INSURANCE COMPANY By SHAWN BLUME Attorney —in —Fact r STATE OF CALIFORNIA COUNTY OF RIVERSIDE On . 2�, f !��i y , before me, PERSONALLY APPEARED personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNTESS my hand and official seal. Signatureag=j. X��&A OPTIONAL ROSEMARY STANDL£Y SHAWN BLUME ROSEMARY STANDLEY COMM. #1090462 NOTARY PUPUC . CA:IFDRNi11 f �•- FuVM3 CE COUNTY µy CommEv rK .WA 7. 2= This arm for Official Notarial Seal Though the data below is not required by law. it may prove valueble to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTIO11 OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER r�nEcs;. ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: KWE of veAsaNcs) OR unmpes) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE 10-01 Ikm6/94 ALL-PURPOSE ACKINOWLEDGEMENT • ' - WASHING i,. , q INTERNATIONAL INSURA �.,E COMPANY POWER OFATTORNEY KNCWALL BY THESE PRESENTS. That the Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona• and having its principal office in the Village of Rasca. Cinois does hereby eons5tute and appoint SHAWNBLUME, SUSAN C. MONTEON, ROSEA"YSTANDLEYAND MICHAEL D. STONG EACH IN THEIR SEPARATE CAPACITY its tree and lawful attorney(s)-in-fact to execute, seal and deriver for and on its behaT as surety, any and all bonds and undertakings, recognizances, contracts o.' indemnity and other writings obligatory in the nature thereof, which are or maybe allowed, required, or permitted by IVN, statute, rule. regt talon. contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shah be as binding upon the said Washington International Insurance Company as fully and ampty, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited In amount to $5,500,000.00 for any single obligation. This; Power otAttorney is issued pursuant to authority granted by the resolutio-ts of the Board of Directors adopted March 22,1978, Ju%, 3.1980 and October 21. 1986 which read, in part, as follows: 1. The Chairman of the Board, President Vice President; Assistant Secretary, Treasurer and Secretary may designate Attorneys4n-Fact, and authorize them to execute on behaTof the Company, and attach the Seal of the Company thereto. bonds, and undertakings, fecognizances. contracts of indemnity and other writings oblgatoryin the nature therecl, and to appoint Special Attorneys -in -Fact, who are hereby authorized to cerVy copes of any power-cf-a tcmey issued In pursuant to this secd2n and/or any of the By -Laws of the Company, and to remove, at any tme, any such Attorney4n-Fact or Special Attorney -in -Fact and revo'ce the authority given him. 2• The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seat of the Company, may be aNl ed to any Power of Attorney, cer0cate, bond or undertaking relating thereto. by facsimile. Any such Power of AGomey, cert!cate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be va rd and binding upon the Company. IN TESTS, "V,% ', fir f fiF, the Washington International insurance Company has caused this instrument to be signed and its corporate sea! to be aft xe�b _i l� 4r, errisgt'4er, this Sth day of June, 1997. S-,� r•- ^�?+�i :•'-�, VIASHINGTO "' RNATiO INSURANCE COMPANY y Steven P. An erson, Vice -President STAI F: 4 ii '' IS� • ���'' COUNT 1jbt •,'',Q`„is1s3'�� On this 5Lh day of June,1997. before me came the indivfduaf who executed the preceding instrument, tome personalty known, and, being by me duty sworn. saA Oat he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said Instnrment is the Corporate Seal of said Company, IN TESTIMONY WHq;!PC SX;.1132",be. ¢ p h nd affixed my O..T1cial S t, th day and year last above written. S "0['['[C[AL 41:/ L MICHELLE HOW irFiT ,1 i lv;;tay AubGc S ate oM hele HC erton, otary P sic tilt' C4rnmass'.on Ex;i'esja� U&mi�j$ton Expire ptember 7, 999 CERTIFICATE STATE OF ILUNOIS) COUNTY OF COOK) 1, the unders;yned. Vice-president cf WASHINGTON INTERNATIONAL INSLIP.ANCE COMPANY. an ARIZONA Ccrporation, 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in fun force and has not been revoked, and furthermore that Article 111, Section 5 of the Bylaws of the Corporation. and the Resolution of the Board of Directors, set forth In the Power of Attorney, are now in force. igned and seated in the County of Cook. Dated the, 2� day of A14 V _ , 19lL —T— James A. Ca enter, -e-President `06/25/1999 09:55 9099828 BRONNELL INSURANCE PAGE 01 lasurance and Bond Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Upland, CA 917a6 License # 0548760 !j)o Lle COMPANIES AFFORDING COVERAGE A RANGER INSURANCE COMPANY Huntington Beach, CA 92648 com my -THIS IS TO CERTIFY THAT 144E POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQuIROMENT, TEJ9M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrrH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCR413EQ HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SMOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. nl-- DATE (MMMOPM DATE (MMIDP^ BOO LY INJURY — ALL OWNED AUTOS HIRIEDAUTOS P%rM;T4n132vZv . I - ____ ANYAUM AGGREGATE 1i Op /f vOQQURRENCE s OTHER THAN UMBRELLA FORM Or-1210ERS APE. OTHEM COVERAGE $385,000 CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. *10 DAYS NOTICE OF CANCELLATION WILL BE GIVEN FOR NON-PAYMENT OF PREMIUM Job: Tower Zero and Restroome:--CC883 3H0tKD ANY OF THE ARM DMFU$90 POUCIES BE r-ANCRUXI) BEFORE THE EXPIRATION DATE TKEREKW? THE &"UINO COMFANY WILL, ONAW44946 MAIL City of Huntington Beach '+_U DAYS WFI[rrFN NOTICE TO THE CERTIFICATE HOLDER NAFAEO TO THE UFFL •06/25/1999 09:55 90998286' BROWNELL INSURANCE PAGE 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --- OWNERS, LESSESS OR CONTRACTORS (FORM B) This endorsement modes insurance provided under the following: COMIVIERCI.A,L GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Verson or Organization: City of Huntington Beach Its agents, officers and employees P O Box 190 Hwntingtoo Beach, CA 92548 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to Iiability arising out of "your work' for that insured by or for you. PRIMARY INSURANCE ENDORSEMENT It is agreed that such insurance is afforded by this'policy for the benefit of EMAE International, Inc. Shall be primary as respects any claim, loss or liability arising out of the subcontractor's operations or by its independent contractors and any other insurance maintained by the above referenced additional insureds shall be non-contributory with the insurance provided hereunder. Job: tower zero and restrooms; CC 883 CG 20 10 1185 Copyright, Insurance Services Office, Inc. IN 1. 2. 3. d. 5. CITY OF HUNT MNGTON BEACH APPLICATION FOR rNSURANCE REQUIRE.'-rNTS WAIVER OR MODIFICATION Name/Title/Department of Requesting Staffl`iernb:r(_ "AVO-A jOLA,'1 25 Fil 4: 54 Date of Request 6- M C r ,- t ITY EY N=e of ContractorlPermittee_ Mate '1 � �1j' T 4z P .- T r � etc A }i Description of work to be performed Length of Contract_ ^1 'W c V Y_y.l F [ lA-----:z ,7 6. T--pe of Insumicc Waiver or MoMcation RNu:ste3: k1, o•.J Y7_� �Oo ���?�1G� N E�t r D"i N,3 y L l2• 2v (a) Limits:_ 2af Ct kA (b) Coverag: 3 `� 002 ANc9, r : U� �u. iahi::;T) T 7. Reason for Request for Waiver cr Reduction of Lim is �-�- A f2 9—A.,2 � —c.► 2 t� w� t 1 -t id (e--mac. S. Identify the risks to 6: City if this request fcr wziver or nodifications granted De;=; ent Head Si (This section to be completed by the Risk Manager) Rec mmendation: Approve OeDeny Risk Manager's Signarue , G( _ � � I + (this sermon to be completed by the City Attorney) Reccr..nendadon: Approve Den}• Ciry Attomey's Signamre'Date SerJemtnt Corm -nine- approval [is] is not) - ui; •�: fc; ty-s ti;-xiv:r. If Settlement Con minee approval is required, submit form to City Attorneys Office and on Lhe ag.r.Ca. Recommendation: Approve Dem City Council approval [is] s not equired for this waiver. If City Council approva ' tared, attach this form to the RCA after consideration bl. , etuement Comrrir:e. This insurance ►►-aiver [is is ot] n City Council agenda. j npAftesotAWnsreq?9;11197 7 �Eiry �Od.6d I have received Construction and Performance Bond No. S-700 8220 - Washington International Insurance Company (Executed in three parts) Labor and Material Payment Bond No. S-700-8220; Re: CC-883 - Tower Zero & Restroom - EMAE International Inc. approved by City Council on 6/21/99 Dated: , G(�-7L wA N�NGT�1. ')N ER4" 'ONACWtUROCECOWANY.. - '" _"s=�-=�93D.'ffoiesu'iJrkvo;�:Su!ta �St)1 ?�'� ;= <Sclistirnbuta; Illinois E30173.4168• EXECUTED Ili TRIPLICATE PREMIU:1: $6,775.00 KNOW ALL BY THESE PRESENTS that E`IAE INTERNATIONAL, INC. r C STRUG710N="""' `" ER MANCE BONA .:- .(AIA 312) Eland No. S-700 8220 as Principe[, r.nd WASHINGTON INTERNATIONAL INSURANCE COMPANY. an Arizona corporation, as Surety, are field and firmly bound unto CITY OF HUNTINGTON BEACH as Obilgee, in the sum of THREE HUNDRED EIGHTY—FIVE THOUSAND AND 95710 — — — — — — — — — — — — — — — — — — — - - — — — — — — — — — — — — — — — — — — — — — — — — Dollars 8 1,for the payment of which sum, we bind ourselves, our hobs, executors, edmlrdstratore, auccessore and assigns. Jointly and severally. WHEREAS the Principal has entered Into a written contract dated with the Obligee for TOWER ZERO AND RESTR001111 BUILDINGS hereinafter referred to as the Contract, -NOW, THEREFORE, THE CONDITION OF THIS OSLIGATIM Is such that, If Principal shell complete the contract work"ln accordance with plans and spoz1fica;ions, than this oblipa:lon shall be null and void; otherwise It shall remain In full forco and effect. The Surety hereby wolves notice of cry alteration or extinslon of time made by the Obligee. Whenever Principal shell be, end be declared by Obtigoo to be In default under the Contract,%the Obligee having performed Obilgea't obligatlons thereunder, the Surety may promptly remedy the default or shall promptly; 1. Complete the contract work In accordance with plena and specifications. or 2. Obtsln bid or bids for completing the contract work in accordance with plans and specifications, and upon determination by Suroly of the lowest responsible bidder. or, It the Obligee elects, upon determination by the Obliges and the Suretylolntly of the lowest raeiponslDle bidder, arrange for a contract between such bidder and Obligeo, and make available as work progressea (evon though there should be a default or a succession of defaults under the contract or contracts far completion arranged under this paragraph) suffl:[ent funds to pay the cost of completion leas the balance of the contract price: but not exceeding, including otharcosts and damages for which the Surely may be liable hereunder. the amount eel forth in the first paragraph hereof. The term "balance of the contract price', as used In this paragraph, shall mean the total amount payable by Obllgoo to Principal under the Contract and any amendments thereto. less the amount property paid by 0151lgee to Principal. The Surety's liability she's ba only for the cost of completion of tho contract work In accordance with the plans and specifications less the balance of funds remaining to be paid under the contract, up to the panel sum of the bond. The Surety shall In no event be flablo to lydemnlfy or compensate the Obligee for loss or flablt[ty arlstng from personal injury or -property damage whether or not caused by a breach of the bonded contract. Any suit under this bond must be Instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. 11 the provisions of thle paragraph are void or prohibited by saw, the minimum period of limitotiona available to sureties as a defense In t'le jurisdiction of the suit shall be applicable. No right of action shall accrue on this bond to or for the use of any person or corporation other than the narned Obligee. Signed, .seeled And dated 6-21-99 •'ti ,�a ;0 F7�'�� E'IAE INTERNATIONAL, INC. Bye• T10 ame Mamoun—Press ent WASHINGTO R/N�A'TtDNA 6URA�ICE COMPANY Ely SH:r. BLU:IE /lnwr»y lr+•Frot \im STATE OF CALIFORNIA COUNTY OF RIVERSIDE On _-,��- , before me, PERSONALLY APPEARED personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed t-he instrument. WrINESS my hand and official seal. SS. OPTIONAL ROSEMARY STANDLEY SHAWN BLUME OROSEMARY STANOLEY s = CO[d :!. #1090462 •t 3 a„4%; E-TARY PULLIC . CALIFORNIA N d �� r RI ERS'DE COUNTY w i'.y CCra fo,es.k-,e 7. 2= This area for Of icial Notarial Sea; Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INOWIDUAL ❑ CORPORATE OFFICER TITLF.tS% ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Iad?t Rcv.6/94 ALL-PURPOSE ACKNOWLEDGEMENT M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On July 6t 1999 , before me, Elizabeth I. Ramirez Date Name and title of Ctfxxr (e g ,'Jane Doe. Notary Pubtcry personally appeared Mohamed Mamoun Name(s) of sVwfaf EUZABEM I. RAMiRU Commiss.on # 1174311 Nwary Put7lic - Caritomia ororge County W COMM. BPI es Fab 21, 2t112 Plans Notary Seal Above gypersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(Q whose name(9j is$=QK subscribed to the within instrument and acknowledged to me that he1XD&M'XXexecuted the same in hisXXKMKX authorized capacity and that by hisiMiXtA NK signatureM- on the instrument the personN), or the entity Capon behalf of which the person(t) acted, executed the instrument. WITNESS my hand and official seat. Signature N Koury Public OPTIONAL Though the informaticn below is not required by law, if m►ay prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: construction Performance Bond HB Pier Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual Top Of tfitxnb hero ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: 0 1997 National Notary Association - 935} Ds Soto Ave-. P.O. Box 2402 - Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder. Ca11761-Free 1-WO-676-027 Dupl cate of A.I.A. Form A311 Feb, 1970 E' r EXECUTED IN TRIPLICATE BO\D NU?IBER S-700 8220 PRE111UN INCLUDED IN LABOR & MATERIAL PAYMENT BOND-'PERFORMWCE BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: That EMAE INTERNATIONAL, INC. as Principal, hereinafter called Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY , as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTI\TGTO:: BEACH as Obligaa, hereinafter called Owner, for the use and benefit of claimants hereinbelow defined. In the amount of THREE FV\DRED EIGHTY-FIVE THOUSAND AND VO/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars (s 385, 000.00 }, for the payment whereof Principal and Surely bind themselves, their heirs, executors. administrators. successors and assigns, jointly and severally, firmly by these presents. WHEREAS. Principal has by written agreement dated entered Into a contract with Owner for TOUTER ZERO AND RESTROOM, BUILDINGS In accordance with drawings and specifications prepared by which contract is by reference made a part hereof and Is hereinafter referred to as the Contract. NOW, THEREFORE•, THE CONDITION OF THIS OBLIGATION Is such that, if Principal shall promptly make payment to all claimants as hereinafter defined. for all labor and material used or reasonably required for use in the performance of the Contract, then this obliflalion shall be void; otherwise It sha''I remain in full force and effect, subject, however, to the following conditions: 1) E. claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both. used or reasonably required for use In the performance of the Contract, labor and material being construed to Include that pa-t of water. gas, power. light, heat. oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2) 1he abcve named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined. who has not been paid In full before the full expiration of a period of ninaty (90) days after the date on which the last of such clairiant's work or labor was done or performed, or materials were furnished by such claimant may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3) 110 suit of action shall be commenced hereunder by any claimant: a) Unless -claimant. other than one having a direct contract with the Principaf, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the fast of the work or labor. or furnished the last of the materials for which said claim is being made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shaft be served by mailing the same by registered mail or certified mail, postage prepaid. In an envelope add: essed to the Principal. Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or or serviced in any manner in which legal process may be served in the state In which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood. however, that if any limitation embodied in this bond Is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to to equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project. or any part thereof, is situated, or in the United States District Court for the district In which the Project, or any part thereof, is situated, and not elsewhere. 4) *7he amount of this bond shalt be reduced by and to the extent of any payment or payments made in good faith hereunder. Inclusive o' the payment by Surety of mechanics' liens which may be filed of record against said Improvement, whether or not claim (or the amount of such Tien be presented under and against this bond. Signed and sealed this 21st day of JUNE (Witness) Ai't'fiJ�'=�D IS TO FOR'S:: A.D. 19 99 E;IAE INTERNATIOVAL, INC. (Principal) (Seal) Mohamed MamouriTitle) Vrftident WUTT411 WASHINGTON INTERNATIONAL INSURANCE COMPANY *, • f�T i 'c"I Sure ) (Seal) (Witness) Revised01193 `T_.; Attorney —in --Fact W:i BLUME STATE OF CALIFORNIA 5S. COUNTY OF RIVERSIDE On Al i 99 , before me, ROSEMARY STANDLEY PERSONALLY APPEARED personally known to me (or proved to me on the basis or satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W INFSS my hand and official: seal. Signature OPTIONAL SHAWN BLU11E •; ROSEh1ARY STAND1_EY COVIK #1090462 hO TRAY PU$lIC • C�LIrfiRNIA R-NERSICE COUNTY This area for Olftiat Notarial Scat Though the data below is not required by law, it may prove va!usble to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER rIiLE,S) ❑ PARTNER(S) ❑ LIMITED �y ❑ GENERAL t ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NMAE OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-D81 ficv.6194 ALL-PURPOSE ACKNOWLEDGEMENT V CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange _ On Jury b. 1999 , before me, 13lizabeth I. Ramirez , Dale Name ara T-09 of Or"r la g .'Jana Doe, Notary Public-) personally appeared Mohamed Mamoun Name(Q of 3"-(s] r ELIWEtif I. RAMIREZ Commiss;on # 1174311 IL Notary Public - Callfomia Orange County Nty Comm. des Feb 21, 2M2 Place notary Seal Abow %Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(4 whose name(IQ is74= subscribed to the within instrument and acknowledged to me that heXkl 0XXexecuted the same in hisXl4KMX authorized capacityM and that by his/XK=XrX signature= on the instrument the person%), or the entity upon behalf of which the person¢l) a--'ed, executed the instrument. WITNESS my hand and official seal. Svnalure al Notary Pubuo OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor & Material Payment Bond HB Pier Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer---Tit1e(s): ❑ Partner — O Umited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: -r: Top of Ox"O we C 1997 N~41 Notary Associatm - 9350 De Solo Ave.. P.O. Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder. call Too -Free 14100.8'6-ea27 WASHIN6wN INTERNATIONAL INSURAI*-iE COMPANY POWER OF ATTORNEY KNCW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of itasca. Il'inois does hereby constitute and appoint SHAWN BLUhfE, SUSAN C. AfONTEON, ROSEAfARYSTANDLEYAND AIICHAEL D. STONG EACH IN THEIR SEPARATE CAPACITY its tnre and lawful attorneys) -in -fact to execute, seat and deliver for and on its behalf as surety, any and a!I bonds and undertakings, recognizances, con-racts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule. regulaton, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, sha!1 be as binding upon the said Washington Inte-national Insurance Company as fully and amply to all intents and purposes, as if the same has been duly executed and acknovAedged by is President and its principal office. This: Power of Attorney shall be limited in amount to $5,500,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978. July 3, 1980 and October 21, 1986 which read, in part, as follows: The Chairman of the Board, President, Vice President, Assistant Secr_tary, Treasurer and Secretary may designate Attorneys -in -Fact, and a0thorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemniy and otherwri5ngs obligatory in the nature thereo'. and to appoint Special Attorneys -in -Fact, who are hereby authorized to certly copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, a: any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revol�.e the authority given Hm. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certif case, bond or undertaking relating thereto, by facsimi'e. Any such Power ofAfforney, cerVcate bond or undertaking bearing such facsimile sigrature or facsimile seal affixed In the ordinary course of business shall be valid and binding upon the Company. 1N TEST[te..G. j�', tRajf017, the Washington International Insurance Company has caused this instrument to be signed and its corporate seal to be affi>:e�b�+�rx,i 11i. e¢gCt{�er, this 5th day of June, 1997. •• "•.• ,, •'- ,*- �'1 �; •.';= : WASHINGTO RNATIO INSURANCE COMPANY q'_ Steven P. Arson. Vice -President STATtsQFILL-'f5lsj ••���: COUNTIY' ;'4Q;i<] ' 10 On this 5:h day of June, 1997, before me came the individual who executed the preceding instrument, tome personally known, and, being by me duly sworn, sa'd that he is the therein described and authorized officer of the Washington International Insurance Company, that the seal affixed to sad instrument is the Corporate Seal of said Company. , IN TESTIMONY "0FFICIAi. EAL" MICHELLE HOl'4e mnla:y Fub6c, Sw'.e C. MY Ccm . iSS'an EGifes CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) d my Cfticial S931, er 7, 1999 day and year first above writ.~.en. I, the undersigned. Vice -President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY Ott the foregoing and attached POWER OF ATTORNEY remains in full forte and has not been revoked, and furthermore that Article (ff. Section 5 of the By -Laves of the Corporation, and the Resolution of the Board- of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated th��day 0N, L_'11iL_ , 19. James A. atoenter, ' _e-President - - S •I4T WA H N-G NTERNA A O1VA1 Ntulq h�,.40MPANY.n:.-:' '..: -su D iv©;�Siilte ��Of �Y" :Schaumburg,1111nols' 80173-4188-... EXECUTED IN TRItLICATE PREMIUM: $6,775.00 KNOWALL BY THESE PRESENTS that E:`"IAE INTERNATIONAL, INC. NSTRUCTi oN� Bond No. S-700 8220 as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, an Arizona corporation, as Surety, are hold and firmly bound unto CITY OF HUNTINGiON BEACH as Obligee, In the sum of. THREE HUNDRED EIGHTY—FIVE THOUSAON AN — — — — — — — — — — — — — — — — — — — - - — — — — — — — — — — — — — -- — — — — — — — — Dollars Is 3 , I, for the payment of which sum, wo bind ourselves, our hairs, exeeu;ors, administrators, successors and assigns, jointly and severally WHEREAS the Principal has entered Into a written contract dated wlth the Obliges for TONER ZERO AND RESTROOM BUILDINGS hereinafter referred to as the Contract. NOVI, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, If Principal shall complete the contract work In accordance with plans and spoclficst:ons, than this obilg5von shell be null and void; otherwise It shall rernaln in full force and effect. the Surety hereby waives notice of any alteration or cxonsi: n of timo mode by the Obligee. Whenever Principal shell be, and be declared by Obllgoo to be In de!ault under the Contract.►the Obligee having performed Obligee's obllgatlone tnereundor, the Surety may promptly remedy the default or shell promptly; 1. Complete the contract work In accordance with plans and specifications, or 2. Obtain b;d or bids for completing the contract work In accordance with plans and specifications, and upon determinatlon by Surety of the lowest responsible bidder, or, If the Obilgae elects, upon determination by the Obligee and the Surety jointly of the lowett responsible bidder, arrange for a contract between such bidder and Abligaa, and make eve'leble as work progresses fevon though there should be a default or a succession of defaults under the contract or contracts for completion arranged under this paragraph) sufftclent funds to pay the Cost of completion less the balance of the contract price; but not exceeding, Including other costs and damages for which the Surety may be liable hereunder, the amount set forth In the First paragraph hereof. The term "balance of the contract price', as used In this paragraph, shall mean the total amount payable by Obligeo to Principal under the Contract and any amendments thereto, less the amount property paid by Obliges to Principal. The Surety's liability ahA3 be, only for the cost of completion of the contract work In accordance with the plant and speclficetions less the balance of funds remalning to be paid under the contract, up to the panel sum of the bond. The Surety shell In no event bo liable to Indemnify or componsate the Obligee for loss or liability erlsing from personal Injury or property damage Whether or not caused by a broach of the bonded contract. Any suit under this bond must be instituted before the expiration of one 11) Year from the date on which final payment under the Contract falls duo. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitations available to suretiea as a defense In the )uriedictlon of the suit shall be applicable. No risht of action shall accrue on thlo bond to or for the use of any person or corporation other than the named Obligee. Slpned, seated and dated 6-21-99 Fev D As 60 "I'll". EIAE INTERNATIONAL, INC. e Y Mohamed Mamoup4President WASHINQTO TRNRNATIONAL (NSURAHCE COMPANY By v BLU:SE Arorn•r.ln-Foot STATE OF CALIFORNIA SS. COUNTY OF F f RIVERSIDE On 1 r f l� 7 _ , before me, ROSEMARY STANDLEY PERSONALLY APPEARED personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknou-1- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature �Q 7 OPTIONAL SHAWN BLUME �,. ROSEMARY STANDLEY =E ' cokif"C a�0soasz ' ^� "n 1T: 140TARY PUBIC • CALIFORNIA CA RIWERSIDE Ccu'iTY This areafor Ojftial Notarial Scat Though the data below is not required by law, it may prove valuable to persons relying on the document and cculd prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TI MS) ❑ PARTNER(S) ❑ LAVIITE'D ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: KME OF PERSONS) OR ENTITYCIES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1a861 Rcv.6194 ALL-PURPOSE ACKNOWLEDGEMENT W CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On July 6, 1999 , before me, Elizabeth 1. Ramirez Date hams and Tee of Ofter (e.y, )arp Doe. Notary PubW) Personally appeared Mohamed Mamoun Narne(s) of Sgner(s) ' €i.37ABETH 1. fiAMIREZ Commission # 1 I7 331 Notary Public - Cdl fornia Place Notary Seal Azov* XXpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(% whose name(30 is=-:x subscribed to the within instrument and acknowledged to me that he/XKrXMK%executed the same in hisMXAft# NX authorized capacity(Xt( and that by his/}QsKMXK signatureMon the instrument the person(K), or the entity upon behalf of which the personN) acted, executed the instrument. WiTNESS my hand and official seal. Sgnatwe a Notary Public 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 rearfschment of this form to another document. Description of Attached Document Title or Type of Document: Construction Performance Bond HB Pier Document Date: Number of Pages- Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ' TOP Of lrxxno Here ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: O 1997 National Hoary Association • 0350 De Soto Ave . P.O. Box 2402 • Chatsworn, CA 91313.2402 Prod. No. 5907 Reorder. Cal Too -Free 14K*87W27 Dupli:ate of A.I.A. Form A311 Feb. 1970 E,-"'*-)n EXECUTED IN TRIPLICATE BOND NUMBER S-700 8220 PREMMI INCLUDED IN LA 0 bR & MATERIAL PAYMENT BONDPERFOK1ANCE BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: That EMAE INTEMATIONAL, INC. as Principal, hereinafter called Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY as Surety. hereinafter called Surety. are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee" hereinafter called Ownrr, for the use and benefit of claimants hereinbefow defined. In the amount of THREE HUNDRED EIGHTY—FIVE THOUSAND AND NO/100—------——————————————————————————— Dollars (s 385,000.00 , for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators. succossors and assigns. Jointly and severally, firmly by these presents. WHEREAS. Principal has by written agreement dated TO'VER ZERO AND RESTROOM BUILDINGS entered into a contract with Owner for In a.-cordance with drawings and specifications prepared by which contract is by reference ,made a part hereof and Is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such the', if Principal shalt promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably requked for use in the performance of the Contract, then this obligation shall be void. otherwise It shall remain In full force and affect, subject, however, to the following conditions: 1) A claimant is defined as one having a direct contract with the Principa! or with a Subcontractor of the Principal for labor, material, or bcth, used or reasonably required for use In the performance of the Contract, labor and material being construed to Include that aaK.of water, gas, power. light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2) The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined. who has not been paid In full before the full expiration of a period of niney (90) days after the data on which the last of such clairrant's work or labor was done or performed, or materials were furnished by such claimant may sue on this bond for the use of such claimant, prosecute the suit to final judgment far such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for the payment of any costs or expensas of any such suit. 3) No suit of action shall be commenced hereunder by any claimant: a) Uiless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days attar such claimant did or performed the fast of the work or labor, or furnished the last of the materials for which said claim Is being made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or perfcrmed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid. In an envelope addressed to the Principal. Owner or Surety, at any place where an office Is regularly maintained for the transaction of business, or or serviced in any manner In which legal process may be served In the state In which the aforesaid project Is located. save that such service need not be made by a public officer. b) Atter the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied In this bond Is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. s) Other than In a state court of competent jurisdiction In and for the count' or other political subdivision of the state in which the Froject, or any part thereof. Is situated, or in the United States District Ccurt for the district in which the Project, or any part thereof. is situated, and not elsewhere. 4) The amount of this bond shall be reduced by and to the extent of any payment or payments made In good faith hereunder, Inclusive of the payment by Surety of mechanics' liens which may be filed of record against said Improvement, whether or not claim for !te amount of such lien be presented under and against this bond. Signed and sealed this 21st day of JUNE APPROVED AS TO FOPJ1J GAIT ?` 11 (Yritness) B;; F (Witness) rievi:ied 0 f /93 A.D. 19 99 EITAE INTERNATIONAL, INC. (principal) (Seat) r Idohamed Ilamoun(Tille) residen 4 ttnrnesr WASHINGTON INTERNATIONAL INSURANCE COMPANY (Sely) {Seal) Cy I BLTJ:IE Attorney —in—Fact STATE OF COUNTY OF CALIFORNIA RIVERSIDE On �t� , before me, SS. ROSEMARY STANDLEY rERSONALLY APPEARED SHATW"N BLUME personally kno%vn to me (or proved to me on the basis of satisfactory evidence) to be the person(s) %whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �.-a , ` �11T ...� OPTIONAL ROSEMARY STANDLEY ;—i - 'W--+'w C0114 ki.1f 1020462 HMAW,'PUJLIC•CAUFOR,4,4 to RNEAZIDE CCL71iy f/i Ca an. Ems: n N- ). 2.=. .j This arra for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER VnE(Sy ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 9 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN,CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE II7-*Si ficv.6/9-1 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orancle On July 6, 1999 , before me, Elizabeth I. Ramirez Date NM.*"Tdo of ONtoer (e g-.'Jana Doe. Notary Ntie) ' personally appeared Mohamed Mamoun eumhq a Et.fLtBErH 1. RAMIREZ Corn nisfon M 1174311 Notary Puolic - Colifomla Orange County @MY Comm. Espies Feb 21, 2tx2 Place Notary Seal Above Xlpersonally known to me C. proved to me on the basis of satisfactory evidence to be the person(A whose name(Q Is= subscribed to the within instrument and acknowledged to me that hetKd£fi N&xecuted the same in h!sX%N 1X authorized capacity0M and that by his/NKMWX sigiature= on the instrument the persong), or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. Sgnafure of Notary Public OPTIONAL Though the lnforma1on below is not required by law, it mar prove valuable to persons relying on the document and could prevent fraudulent removal and rea".echment of this form to another document. Description of Attached Document Title or Type of Document: Labor & Material Payment Bond HB Pier Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual ❑ Corporate Officer — Tdle(s): Ton of uxm0 rere ❑ Partner — ❑ limited O General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 Naw" Notary Associanm - 9350 De Soto Ave.. P.O. Box 2402 - ChatswoM. CA 91313.2402 Prod. No. 5907 Reorder Can Ton -Free i -Wo1 e7e-NV WASNING�WIII INTERNATIONAL INSURA)tdF COMPANY POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International insurance Company, a corporation organized and existing under the to .s of the State of Arizona, and having its principa! office in the Village of itasca, Illinois does hereby constitute and appoint SHAWN BLUME, SUSAN C. MONTEON. ROSEAlA.RYSTANDLEYAND AffCHAEL D. STONG EACH IN THEIR SEPARATE CAPACITY its t ue and laitful attorney{s)-in-fact to execute, seal and deliver for and on its beha:f as surety, any and all bonds and undertakings, recognizanc=_s. contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law. statute, r,::e. regllaton, contract or otherwise• and the execution of such instrurrienks) in purse:ance of these presents, shall be as binding upon the said Washinyt1—:1 International Insurance Company as fully and amply, to all intents and purposes• as if the same has been duly executed and ackno0edged by its President and its principal office_ Th's Power of Attorney shall be limited In amount to $5,500,000.00 for any single obligation. This Pcwer of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978. July 3, 19E3 and October 21, 1985 which read, in part, as follows: The Cha:rmaa of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretaryy may designate Attorneys -in -Fact, and authorize them to execute on beha'f of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, reccgnizances. contracts of indemnity and otherwr6ngs obEgatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certfy copies of any power-of-altcmey issued in pursuant to this section andlor any of the By -Laws of the Company, and to remove. at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revo<e the authority given him. The s;gna!ures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of" Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power cfA :orney, cert`cate bond or undertaking bearing such facsimile signature or facsimile seat affixed in the ordinary course of business steal be valid and binding upon the Company. IN TESTIA�tO ', fRR PF, the Washington International Insurance Compantr has caused this instrument to be signed and its corporate seal Ic be atf xe�b:�sa'� .�rjtfie�kr, this 51th day of STATri~sAF.U:YOis� COUNT Y'OI ;.GQ.+~?'Ili��°`��� June, 1997. WASHING TO RNATIO INSURANCE COMPANY Steven P. An erson, Vice -President On this 5th day of June,1997. Cefore me came the individual who executed the preceding instrument, to me personally known, and, being by me city sv,orn, said that he is the therein described and authorized officer of the Washington International Insurance Company, that the seal affixed to sa.d instrument is the Corporate Seal of said Company; , IN TESTIMONY WH "OFFICIAL SSLAL MICHELLE Hot .'Z-RT( y Put lic, Scale 0, t Pi Comm-ss on Ex-.•i'ewJ CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) my Official S r 7, 1999 day and year first above written. t: the undersigned, Vice-Pres:dent of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CER T .FY Vat the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 111. Sect;on 5 a'ihe By -Earns of the Corporation, and the Resolution of ihI-11oard of Directors, set forth in thepower of Attorney, are now in force. Signed and sealed in the County of Cook. Dated the9-0 day of Ju�-� . 19. James A. Ca ifenter, e-President A•SHINGT. I ViI is =� _ tiN7ERNf�7IOraAi,-IhSURANCL-COMPAN �.l`x` r .'s.. � � ..•.L n D.Thdfii9'Dtiva;'Suite 101 ' '-Scheumtiur; -IIIlnote 017341 i 86 ". - - INSTRUCTION - -446FiMANCEBD-N- A �3121 EXECUTED IN TRIPLICATE PREIMIUM: $6, 775.00 KNOW ALL BY THESE PRESENTS that E%AE INTERNATIONAL, INC. Bond No. S-700 8220 as Principal, and WASKINGTON INTERNATIONAL iNSVRANCE COMPANY, on Arizona corporation, as Surety, are hold and firmly bound unto CITY OF HUNTINGTON BEACH as Obilg", In the sum of. THREE HUNDRED EIGHTY—FIVE THOUSAND AN5 N — — — — — — — — — — — — — — — — — — — - - — — — — — — — — — — — — — — - — — — — — — — — Dollars($385-0000.00 i, for the payment of whlch sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severalty. WHEREAS the Principal has entered Into o written contract dated with the -Obligee for TOWER ZERO AND RESTROOM BUILDINGS harelnafter referred to as the Contract. -NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION fs such that. If Principal shell complete the contract workin accordance with plans and spoclficatlons, then this oblila:ion shad be null and void; otherwise It sha'1 remain In full forco and affect. The Surety hereby wolves notice of any alteration or ext7nslon of time made by the Obligee. Whenever Principal sholl be, and be declared by Obligoo to be In default under the Contractothe Obilgee having performed Obligee's obllgstfons thereunder, the Surety may promptly remedy the default or shell promptly; 1. Complete the contract work In accordance with piano and specifications, or 2. Obtain bld or blds for completing the contract work In accordance with plans and specifications, and upon determination by Surety of the lowest responsible bidder, or, if the Obligoo elects. upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Obliges, and make available as work progresses (even though there should bo a default or a succession c f defaults under the contract or contracts for completion arranged under this paragraph) sufficient funds to pay the cost of cornpletlon less the balance of the contract price; but not exceeding, Including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the Tirat ' paragraph hereof. The term "balance of the contract price', as used In this paragraph, shall mean the total amount payable by Obligoo to Principal under the Contract and any amendments thereto, tees the amount properly paid by Obligee to Principal. Tho Surety's liability shall bA only for the cost of Completion of the contract work in accordance with the plans and speclficetlona less the balance of funda remaining to be paid under the contract, up to the panel Burn of the bond, The Surety shall In no event bo liable to indemnify or compensate the Obliges for loss or liability arising from personal Injury of proparty damage whether or not caused by a breach of the bonded contract. Any suit under this bond must be Instituted before the expiration of one (1) Veer from the date on which final payment under tho Contract falls duo. It tho provislons of this paragraph are void or prohibited by law, the minimum period of limltatlone avalla le to suratlea as a defense In the Jurisdiction of the suit shell be applicable. No right of amlon sha!i accrue on this bond to or for the use of any person or corporation other then the named Obligee. Signed, sealed and dated 6-21-99 , Apri,°JVF.D AS TO FORM2 GArL C ITV A­"RNZY By ity City Attorne- E,%V,E INTERNATIONAL, INC. By Mohamed Mamou President WASHINOTON TE AATTiONAL IN URANCE COMPANY By / s Sim,. BLLit£ Anorn•y4n-ftm STATE OF COMM OF CALIFORNIA RIVERSIDE SS. On Oplb2 , before me, ROSEMARY STANDLEY PERSONALLY APPEARED SHAWN BLUME personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ROSEMARY STANDLEY -, COMNI a 1090462 f40TARY PUSLIC • CALTORNIA RNERSIDE COL NrY +r Alr Cw n. F�,�res,kr,� 1. iDiO This arcn,or Ojrl of f%rotariaf SCaf Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TnTLE(si ❑ PARTNER(S) ❑ LIh11TED ❑ GENERAL ATTORNEY -INTACT TRUSTEE(S) ❑ GUARDtAN.ICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: SAVE OF AEASCr'IIS) OA ENrrrYIIES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-031 Rcv.6194 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On July S ► 1999 , before me, Elizabeth I. Ramirez Date hams any T.. a :' C`Ker to q , 'Jane Doe, Wary PuDc j personally appeared Mohamed Mamoun NarnMN of S ;^#r(s) EUZABEIH L IZAM:R� Corrrniss�on tt 1174311 Notor/ PUD11C - COI.' OMIC Orange County My Corrun. bpkm Feb 21, 2002 Plan Notary Seal Above XXFersonally known to me r proved to me on the basis of satisfactory evidence to be the person(% whose name(30 iskx% subscribed to the within instrument and acknowledged to me that hellfi &MIKXexecuted the same in hisiXXXZXiX authorized capacityp= and that by his/XJXX NX signatureM on the Instrument the personEi), or the entity upon behalf of which the personN) act -ad, executed the instrument. WITNESS my hand and official seal. Signsrure 01 Notary PuW OPTIONAL Though the informal -on below is not required by law, it may prove va'uable to persons relying on the document and could prevent fraudulent removal and reaN.achment of this form to another document. Description of Attached Document Title or Type of Document: Construction Performance Bond HB Pier Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual � ` -A Top of bwrno he•e ❑ Corporate Officer -- Trtle(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 Nattonat Notary Associar-m +9350 De Soto Ave.. P.O. Box 24U • CtWswom. CA 91313-2402 Prod. No. =7 Reorder Cal Toll -Free 1-600.97"u7 Duplicate of A.I.A. Form A311 Feb. 1970 Edition EXECUTED IN TRIPLICATE BOND NUkIBER S-700 8220 PREMIUM INCLUDED IN 1-4r?il & MATERIAL PAYMENT BON PERFORMANCE BOND THIS BOND 13 ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: That EK%E INTERNATIONAL, INC. as Principal, hereinafter called Principal. and WASHINGTON INTERNATIONAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called Owner. for the use and benefit of claimants hereinbelow defined. In the amount of THREE HUNDRED EIGHTY—FIVE THOUSAND AND N01100 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Dollars (s 385 , 000.00 ), for the payment whereof Principal and Surety bind themselves, their hairs. executors. administrators, successors and assigns, jointly and severally, firmly by these presents. WHI=REAS. Principal has by written agreement dated TOWER ZERO AND RESTROOM BUILDINGS entered Into a contract with Owner for In accordance with drawings and specifications prepared by _ which contract is by reference ,mace a part hereof and is hereinafter referred to as the Contract. NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION Is such that. if Principal shall promptly make payment to all claimants as tereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obli-3ation shall be void: otherwise It shall remain In full force and effect, subject, however. to the following conditions: 1) A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor. material. or both, used or reasonably required for use In the performance of the Gontract, labor and material being construed to Include that part.of water, gas, power. light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2) The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid In full before the full expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3) No suit of action shall be commenced hereunder by any claimant: a) Unless. claimant, other than one having a direct contract with the Prin=ipal, shall have given written notice to any two of the follcwing: The Principal, the Owner. or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim Is being made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials ware furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope add-essed to the Principal. Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or or serviced In any manner in which legal process may be served in the state In which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract. It being understood, however. that If any limitation embodied In this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than In a state court of competent jurisdiction in and for the county or other political subdivision of We state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof. is situated, and not elsewhere. 4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Sigr.ed and sealed this 21st day of JUNE A.D. 19 99 EMAE INTERNATIONAL, INC. �►:'= = �'. Et7 AS TO FORM: (Priincciippal) (Seal) (Witness) C:T';-- (Witness) Revised 01193 I+ wia� Flamoun (Title) res clew 8 .AP i.r WASHINGTON INTERNATIONAL INSURANCE COMPANY t City At+n?-.1f%,l eooe, (Surely) (Seal) .� ©Y SHAWN BLUME Attorney —in —Fact STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On � 47 1I 2 , before me, ROSEMARY STANDL£Y PERSONALLY APPEARED SHAWN BLUME personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1,7,r�I III � t i1.�"nt OKA OPTIO14AL ROSEMARY STAND LEY COtIr14- # 1090462 ee (fir r NJTARY PUPLIC-CAUr0RNFA • MVERSIDE c-,uNrr This area for Official Notarial Sent Though the data befow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARD IAWCONS ERVATOR OTHER: SIGNER IS REPRESENTING: NWE OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE IL -NI Rev.6/9A ALL-PURPOSE ACKNOWLEDGEMENT on CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of Orange _. On July 6, 1999 , before me, Elizabeth I. Ramirez Dais Name and Tale of Oikor is 9 , •lane Coe. Notary PuNc ) personally appeared Mohamed Mamoun Namew of S ,negs) ' ftt:AP.ErH I. RAM]REZ Commission M 1174311 -: No'ary Puolic - Corforrlia Orange County thi Ccrnm. Ecxes Feb 21, 2= Place Notay Sea' At ow XXpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(§q whose name(p isTaU subscribed to the within instrument and acknowledged to me that heJ%V&MX&xecuted the same in his Ki' W authorized capacity0i0n and that by his/)4K=XX signature= on the instrument the personCe), or the entity upon behalf of which the personp) acted, executed the instrument. WITNESS my hand and official seal. S"lure of Not" Pubic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor & Material Payment Bond HB Pier Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual Top of frump Here ❑ Corporate Officer —Title(s): `1 Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator ❑ Other. Signer Is Representing; 0 1997 Nat*rW Notary Association • 9350 De Solo Ave., P.O. So* 2402 • Chatswonh, CA i1313.2402 Prod. No. 5907 Reorder. Coe Tob-Frss 1.60"7646627 WASI-IINGT� INTERNATIONAL lNSURAI ivt COMPANY POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the lays cf the State cf Arizona. and having its principal office in the Village of Itasca, tllinois does hereby constitute and appoint SHAWN BLUME, SUSA N C. MONTEON, ROSEA'ARYSTANDLEYAND AfICHAEL D. STONG EACH IN THEIR SEPARATE TE CAPACITY r:shue and la•.Vul arorney(s)-in-tact to execute, seal and deliver for and on its behalf as surely, any and a!1 bonds and undertakings, recognizances. cor tracts of indemnity and other writings cbligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulaton, contract er ethenn se, and the execution of such instrument(s) in purslance of these presents, she'I be as binding upon the said Washington trnternational Insurance Company as fully and amply, to a!1 intents and purposes, as if the same has been duly executed and acknowledged by its President aid its principal office. This Power of Attorney shall be limited in amount to $5,500.000.00 for any single obligation. Thi3 Power cf Attorney is issued pursuant to authority granted by the resolutons of the Board of Directors adopted March 22.1978. July 3, 1983 and October 21, 1986 which read, in par, as follows: The Cha'rma:t of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in -Fact, ar,d authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, aid undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to ce.tfy copies of any power -of -attorney issued in pursuant to this sect on andlor any of the By -taws of the Company, and to remove, at any tame, any such Attorney -in -Fact or Special Altorney-in-Fact and revoke the authority given him. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may tie affixed to any Power ofAromey, certificate, bond or undertaking relating thereto, by facsirnc,e. Any such Power of Attorney, cerV.4ate bond or undertaking bearing such facsimile signature or facsimile seal arxed in the ordinary course of business shall be valid and binding upon the Company. INTESTIfk-Dqlf Pi RE,917, the Washington International Insurance Company has caused this instrument to be signed and its corporate seal to be a`f,te�-by' 4aLj 4QUe¢_�4`•�.�.er, this 5th day of June, 1997. c, tv .f ;. c n t)I�;.y"J2�1 u r� STJTLPF-4L1 Fly'*oiSl �� CCtaniWOt;cQ; }S,i�" VUASHlNGTO RNATIO INSURANCE COMPANY Steven P. An erson, Vice -President On this 5th day of June,1997. before me carte the individual who executed the preceding instrument, to me personal`.y known. and, being by me duty vnwn, sa.d that he is the therein described and authorized officer of the Washington International Insurance Company: that the seal a`fared to said instrument is the Corporate Seal of said Company; , IN TESTIMONY WH�-,3r;:?ta ,_W q. 7hnd affixed my Of`icial S i, th day and year first above written. "OI'FICIAL tF:LAIIItICHELLE HO ftEfRT �t N3tVi Public. Stale c , tvl „h211e H�.fertori, otary P tic f.'YCornr:U'u'on++Ex,ieesp2 ''do-nmis ion Expire pterrber7, i999 "_-JV�Jr1 ��f lY r�l+i-�rfY fi*lj CE RTlFICATE STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, lice -President of WASH.NGTON INTERNATIONAL INSURANCE COMPANY. an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force aid has not been revoked, and furthermore that Article 111. Section 5 of the By -Laws of the Corporation, and the Resolution of the Board cy` Directors, set forth in th Power of Attorney. are now in force. S;Fned and sealed in the County of Cook. Dated thQ!- day ofl ov-, 19 . James A. Ca ent�_e-Pre3ident 5- + v' Qr r' N.. �N' n�M� r r , .ai I x 1 ' STATE P� BOX 142©807.,-SAN E-RANGISQ-0 CA"' LA;:08&7. COMPENSATION IMG1.IRAN CI-, r . U N rl , Ct�MI'ENS i�t;�Nr1�1Sl R IiN '' ,•£ ` i;ERTw-i6 "Erb? GVOR_ RSy11 K ]S r t !Y a r i, r a r '� r�� - Af* V i a "s�r 1 • r f' a + htww r� s s} ♦.K r* Plp-r �sY^140 , - s l qrl, r � I r r M W {lv � l lx ♦ -'j'V r` • _ ` 'M • + rl „ a= r r " � 'v'Y x , ` . • hl r♦ ► y3 W ¢ r hA 4d _ 7s ;, • y i • r ,Y ryr r ��.rr iM , . „ '�? ti ' ' �',. a ) d itA rT •r,£ s ry P s ,� � a w Ns , .. w x 41' £ i <4 + `�' S CITYt3F- I:4t1jP�1yTJS�R V* - ���? i r f• t �•+`. a = + •' , -" ,, .r �'"�`, d ;� � .:. k ;` s- , „"� , HIK" I PTI a,` A 14 (7C.if\ 11Vi� l ��'Y j I�.+f"} ,�jT: Q r x'. b i` s i! r ) ie r ! j M ``♦>I � �K G7T� r rr L d•Thls is to certify that we have £as>y£ed a valid Workers`Ctiompensat£prt insurance policy Ima form apprgVeed by#�g-Califbrnt Iniiiance Commissionerdto the oApibyedtWed beYdW40the pbl,604tenpd4nt*oatea;'�z A- This policy is not subject to cancellation by the Eund except uportt days' advance written notice to the employer We will also give you T t days' advance notice shoufdthK poky be canceled prior to its normal expiration This certificate of insurance is not an instirande policy and does not amend, e4end-or alter the 'doer ga at?orded by the pofcies listed herein N01withstanding any, rectutrenTent, Serrn, car canditagn of anx- pontract',or tether `document; with respect to which This bertrflcate�ot„jn�rsace rr>ay'b& cmad or may,pertairi, the insufangp ^lded Vy tits poilclee 'described herelrt is'e�1'pi�e't to all the t�tp't',� exply►Sidn5 r iSb?�tNtidt}�lpf stfcrj��lit;l�� ., • r,•„ ,�, , ;' , � ` • s t l i, � r i l• �n ice♦ , , f !r M `.l+ - d4`l • A'r1 Y ` / r ' "��►i +k+k .' apt - 1: £ • ( r s'S-' •4 `1rt dt r;> L r,d. y£� •re 1�s,. 1 '♦ ti fb t • : �l li Ww W .� ,y e j ; /S c,2h/ a��qrr �Yy��yyZT : e+� 'i, x, , As 'rr { }, • X l�. Sr4>iI V Y s"y 1 �+£ Rr AUT►iontze'D RtPRE$12,11F*�pT11� 1 in 1 s t • I"' ' ' A a 01 ,' k 4 'r d rt •W 'Ail i`^^kyR ♦t; 1. spy py �,fy �y,�yt�r�-1 y.}y $�yl•�/;ppr�*.� f_'XPLOYER4 S L TAO (tt CYj tlttl L df l fi1�I r t e °j �3l igas)s 10, Y ytP4q, 1/rr1.�4itFf'Gryidr . r '=NirCIR r-_MF N I OliyMb t:NI T TL EO `CERTI T A r F DMI '$ TIME EFFFCTI VF - 2it101/9,9 i4 ATIANED Tii ANUr FWM A-PPAT OF THI'Q PULIC4t• rr..,y.. .r ". _ __ r ^+{^/ - _ r f. v-, _."'4'� wr • T _ *' • ♦ � �...ar .t,� .' ^s,�'a �i ..♦r`a � ' r _l ri.R ♦ , � v r/ ! ! • e g e ~ v ♦a/,r.w ` 3 80• .. v � I•rs`A'rr yltw r r• v els`!" 1r T'Y+ wsa�[ ♦'t, s , ,sl / §W,u () ' r l'/Ar^ � £� r r ♦ ii 1, ii'" ! 4 • X 3 ('f ks;yr Y ` - f ��<-„� b r s- 3'�s•R 1„�. r ` ./ P r .. • t..,y r 3a4. 9's A r `V ,„' ir' rr • o`«s�.oi '$ o'w`= >n (,e rr`/ 'd ai 4 i i °i• A „ i♦ ra yl r it�♦ ° • s k' = ` • r,r sd, r R, •/r - rrs£ 6 ^ ♦ 1 ' I W'r i`:Ie4 ,, f •i ! K, t l r r ' aw. ,• 3 amSsr •♦A ,.� } st ♦,iy r / *. ff ' a i ri r{ / r � i � i~ir{K� t�� reuu � � i Grii♦1?�� T�i7�•sr �, � l �'��` d {'RP , � f r >, e £ r 9 W / •l, y♦ ! ri " ` ; ♦ . 11UNIT TMOTt1N BCACU CA 92649 L ant I#ftvNAI nralt 11MOV Ed WdOZ 20 666T 60 Inf ETT0 0b8 PTz ON Xtid -lUNOIiUNH3iNI 3UW3 WObd 0 5�z SECTION A NOTICE INVITING SEALED BIDS for the i IUNTINGTON BEACH PIER BUILDINGS TONER ZERO AND RESTROOMS CASH CONTRACT No. 883 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 Cleric, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on June 3, 1999. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public NV orks, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a S50.00 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 ,%%urges 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 th, 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 oiNmer 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. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A mandatory pre -bid meeting and walk-through of the site will be held on May 27. 1999 at 10:00 a.m. (meet at Tower Zero), 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: Construction of a lifeguard tower (To%%-cr Zero) and Toilet Facility on the Iluntinuton Beach Pier. • The project schedule is 125 working days. • The Engineer's estimate for the work included in the contract is $410,000 (Tower Zero $241,750, Toilet Facility $168,250). All questions shall be directed to: Neill Noble, AIA Dougherty + Dougherty (714)427-0277 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the third day of May,1999. Attest: Connie Brockway_ _ CITY CLERK OF THE CITY OF HUNTINGT04N BEACH A-2 NOTICE 1NvfYING SEALED 1110S for the HUNTiNGTON BEACH PIER BUILDINGS TOWER ZERO AND RESTROOMS CASH CONTRACT No. 893 , In the CITY Of HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON ,MACH, as AGENCY, In, vites sealer! boas for the stxv staled project and wilt receve such was in Bne Olt" of Ute City Cleric. Sallow Ftoof.f mW Mein Ttte AAGENCY MtH deduct EM. retention from all ress payme'tts The ractor mayy substitute an escrow holder surety of eQt. ai -ralue to the retention in accordance with thel proris ons of Ir1e California Go. e►nmern Code, Section 45t)0. The Coitractior s: i be beriehcia' owler of the swefy' and "it MCCive an-r Ir.tetost iftereon. The AGENCY hereby at- firnalrvely ensures that mi- nony business entetprises W1I be, "Wded fWi op-. pcnuraay fo SL61W bids in re spry rase to t'YS notice and wia 'iat be discritirinwari ag ainst on the beefs ct race .4�DW. fail" on91n, ancestry. tax or iatgion in any consideration feadtng iC a the award of contract. Nc but shad be Con- :s dry red unless 11 is p V"l on the approved �ro[oSal IMS In con- ."ranCe with ins Inytruc- VDIM; to Bidders. The bld must be accom- L$n4d by a candied check, Cas'"elt Check, or bldders tond made payable to the I AGENCY tCf 8-1 amount no . 1asr. man 10% Of Lhe Zim.xnt bid Tne successful bidder Iii"'E tlbe licensed In ac- m3anCe with provisions Ofhe Business and .Prnlessions Coda and 'ahiall possess a State Con- !tM-torn License Class at thr. time 114LS contract is aM anted. The Successful . Contractor and NS Wbcon- tractors will " required !o possess business license Ircm the AGENCY. , 'A mandatory pro -bid meeting and wa k- through Of the site w:u be f'atttd on May 27.11MSt IC-Wa-m. (meet at Tower for the purVose of Fevre g but documents, recermg bidder questiors and re- viewing the site. Pursuant to tre arlended Pubtir: Contra -t Code Section 3400, Car'tractors are now regain•-C to suI ail substitution nfquesls for equal materiaN Or systems prior to award tit the ton. traCI during a pNKiod SPea- tied in the bin tocuments. W subtNtutio-1 regUaaN will be oawxlrlar'ed after a+rard of the contract. Project D(sacriptilon: Construol'On of a bteguari tower (Towner zero) and Toilet Facoi •xa the Hunt - in ton Bean Pter. • The proieVt adaedA b 125 workM clays • The Engineers estimate for Coe wort b C'uded In It* contract It: $410,00( (Tower Zero $241.750 Toiiet Facorty S168.250). AN cltw ti ins shah 1A darecte 7 iC 1N6111 (tiflhle,G AIiA Street, Hunt-nngqkk)n (?' +� gLnheeny +� Dougherty.-�. i r Cafifomla 92W. up . hour of 2:00 p-m. on V i . , 1427.0277 { the AGENCY reserves 3. 1999. Bids will be } the rig" to reject any or all Ifcty Open in tRe CO. •bids, to ware tiny it. Chambers unto off` . - regularity and to take alttirase for posted. Copes of the Plans, =- bids under advisement a maximum pailm o1 60 s Spec a�tinns. and avant- days - CITY tract documents are abis from the Office of the - BY OR06A of the COUNCIL of the CITY OF Director of nblic Works. HUNTINGTON BEACH, 2000 Main Street, Hunt- CALIFORNIA Via "day art of 19rJ9. paayymeeni of a $35.0CA 0 upononrefundable fee 4 : picked up. or payment of a $50.00 Connie Brock" MY ARK OF THE nonrefundatils fee It ClI OF mailed. WNI 114TON 9"CH Any contract entered into Published Huntington ' pursuant to this nctice wit Beach-Founla•n Valley inotxpotate the provisions npgpw,darl May 13. 20, of the State tabor Code. 27.1999 Pursuant to the provisions 052-896 o1 the Labor Code of the Slate of CaMom+a, the min- imum prevatknq rate Of per diem wages for each Craft. ckwadicatl0n of type of workman needed to ex- ecute the mintract shall be hose delermine3 by Cne Director of Industrial Reta- tims of the State of Cantor- rta, which are on me at tyre 0111Ce of the Director of Public Works. 2000 Main Street- Hunengtxt Beach, P,A WILR r HUMINGTON BEACH a FOUNIAI�ALLEY �•' Independent THE NEWPORT BEACH • COSTA MESA PILOT i Client Reference # Independent Reference # O!;��—,P Dear Advertiser: Enclosed please find clipping of your ad from the first publication, beginning ��/— If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. 18682 Beach Boulevard, Suite 160 Hun; ngton Beach. CA 92648 (714) 965-3030 (714) 965-7174 FAX Sincerely, �7udy Obtting Manager Legal Advertising Department Two (2) Copies to Front Desk HB PIER BUILDINGS CC-883 June 3,1999, at 2:00 Psi Engineer's Estimate: S471,000 BID LIST BIDDER'S NAME RAND TOTAL BID AMOUNT 1. Alexander Assoc. $ 2. Ally Construction, Inc. � $ � p� Q � 01�1 —7 3. ANID Construction 4. Amelco Construction $ 5. Diltmore Construction $ b. EMAEInt. $ 38s.000 7. Interlock Construction, Inc. S. S. .lM Construction $ 9. Platinum Construction 7 10. T & M Construction 11. Team Construction � $ 12. Tobo Construction $ 13. USS Cal Builders, Inc. 2 $ + 000 14. Varkel Construction 94— $ 45.� 56 Page one of one g;ak Two (2) Copies to Front Desk CC-883 June 3,1999, at 2:00 PM -Engineer's Estimate: $471,000 BIDDER'S NAME RANK' TOTAL BID AMOUNT 1. Alexander Assoc. $ 2. Ally Construction, Inc. $ 39S 3. AMD Construction $ 4. Amelco Construction $ 5. Biltmore Construction $ b. EMAE Int. $ 38'S o00 �� 7. Interlock Construction, Inc. $ S. JM Construction $ 9. Platinum Construction $ Sao 096 10. T & M Construction $ S7 5- oon 11. Team Construction $ q 98 Oi4O 12. Tobo Construction $ 13. USS Cal Builders, Inc. $ y 37 �4Q 14. Varkel Construction $ if59 �S8 Page one of one MEW PROOF OF PUBLICATION STATE OF CALI FO RN IA) ) SS. County of Orange } I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: May 13, 20, 27, 1999 l declare, under penalty of --perjury, that - the foregoing is true and correct. Executed on May 27 , 1 99 9 at Costa Mesa, California. 11WAV.W `realSignature NOTICE INVITING SEALED BIDS- — for the . HUN4TNiGTOR BEACH PIER BUILDINGS TOWER ZERO AND RESTROOMS CASH CONTRACT No. 883 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the . CITY OF HUNTINGTON BEACH, as AGENCY, in - vines sewed bras for the above -stated pfoiect and will receive such bids In the office of the City Cleric. Second Floor. 200D Main Srreet, Hant+nn9gohBeach. California 92648.up to the hour of 2 00 p.m. on June 3, 1999. Bids w-p be Pub- " open in tree Carnal Chambers unless 00141• wt5e posted. C r" of the Ptarw. Specifications, and Con, tract documents are avail- able lnxn the Office of the Drector of Pub"C Works, 2000 Moin Street, Hunt. ington Beach, CA 92848 Liponppaayymmeennt oT fee a 1i35.00 r*nnreluntladb qp1��wo up. Of pttyrrwrM of a 3 rao nonrefundable lee it My contract entered hit punuan� mM "ice"N kworp r tine , [of the State Pursuant to ow pror�r� ol M labor Coo of the State of Catitamia, the min A� msndatorjr pre -bid Imum prevail.ng race of per meeting and trraA-mrough d en wages rui each craft, of Me site wift be he'd on Cassificavon - or type pl May 27. 1999 at 10:00 a m. wotkttnan Heeded to eol (meet at Tower Zeroi, for earta the contract shag be the pumose of reviewing those 'determined by Cie bid documents. receiving Director d industrial Rela- bidder questions and ne tuns of the State of CaNlor- I _'""r'g the site. nla, which are on File at the Pursuant to the amended Office -of the Director of Public Contract Code Publ:c Works. 20DO frleir Section 3400• Contra..,ors Sweet. Bunting=.on Beach, are now required to ir.bmrt CA 926" all subst:tUran requests for The AGENCY will deduct equal rnatena's cr systems a 10% retention from ag prior tc, award of the con, prowess payments- The tract during a period sped. Contracior ma substitrrfe bed h the bid docurnorls. an escrow holder surety of No substitution requeaes squat value to the retention will be considered af%r in accordance wttin " award of the contract. Provisions of tree Carifomia Project Description: Government Code. Seconn Conslnrctan Of a Heguard 459D. The Contractor snap lower [tower Zeros and be beneficial owner d the Toilet Faulty on the Hunt - surety and shall receive inggt�n Beach Pier. any interest thereon. ' The protect mule is The AGENCY hereby at- 125 hMo6' g days Imatively ensures treat fnF- ' Tree Engineers est:r+ate nortty business enterprises For Cie work included h the will be a!torded tun op. contract Is $410,000 (rawer Tero $241. 50.1 portunity to submit bids in response to this notice and ?Toilet Faatey $168.25Q. will not be dlscrtrnrnaled . 6s void shall be against on the basis of directed r Neill Noble, AIA;I race. color. national Orion ancestry, sax or netigron inrt�rwrnlf• arry consideration leading (71a 427 0277 The AGENCY reserves to a the award of contract. No bid ratan be con- Ow r Illrailed any or au sidered unless It is � to Dawe any k raqularity. and ib taw 01- prepared on she anDr0V@4 - fans In con- bra underWmemeM for prpposat ormance with the InslruC- a maxrnurn pew Of 60 la`s 1O gid�%rs- "0 The tic thus[ be accom. check, a cane pasnie ORDER W the CITY COUNCIL d the CITY OF - orcertlied check.es s Check, HUNTtNGTON BEACH.. "id rra to he band made Payettemto the CALI>`ORNIA Vie third day AGENCY Icr a� amount no of May, 19". - less C:an -10%. Of the amount bid. At4aet: eww" The successful biddet CITY CLEPX CM OF E ; shaft be licensed in ac. CO(JanCO with pfu'srons of HUNTM1t]TOR f1EACt! the Business a n d P1 bk&ed HutNington Cm,.Prcfessions Ce and +vintainVegey 'shall possess a State Con _ _ - jtractors license Crass at 37. _!," .the lime this contract is r___ awairded. The successfut Cadracror and his subcon- tractors will be required to - possess business license ' Fran the AGENCY_— � gG,,tRasr - rWU `` f]�4 fC.r94;t ins-J��A0J-CS Council/Agency Meeting Held: (040. 'r Deferred/Continued to: Approved Conditionally Approved 0 DeniedL11-Yay 2 Clerk's Signature Councit Meeting Date: May 3,1999 Department tD Number. PW 99-05 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator o7ad PREPARED BY: BERT F. BEARDSLEY, Director, Public WArh. >o " RON HAGAN, Director, Community Services WV - SUBJECT: AUTHORIZE ADVERTISEMENT OF THE HUNTINGTON BEACH PIER BUILDINGS PROJECT (CC-883), AND ADOPT RESOLUTION NOS. 99-29 AND 99_30 APPROVING APPLICATION FOR GRANT FUNDS Statement of Issue, Funding Source, Reconwr*nded Action, Alternative Action, Analysis, Environmental Status, Attachments) Statement of Issue: Should the City Council approve the final plans and specifications and authorize advertisement for competitive bids for the Huntington Beach Pier Buildings Project, (CC-883) including Lifeguard Tower Zero and pier rest rooms? Funding Source: State Grant and Pier Fund - The engineer's estimate is $410,000 for construction, and $41,000 for construction contingencies with anticipated project supplements in the amount of $20,500, for a total project cost of $471,500. The city has received two state grants totaling $297,000. The city will fund the entire project and be reimbursed by the state for the $297,000. The shortfall for the project will be funded through the Pier Fund. Recommended Actions: Motion to: 1. Approve plans and specifications, and authorize the Director of Public Works to solicit bids for construction of the Huntington Beach Pier Buildings Project, CC-883; 2. Approve the attached sample contract subject to award of contract to the lowest responsiblelresponsive bidder, and 3. Adopt Resolutions Nos. 99-29 and 99-30 approving the application for grant funds for the construction of Lifeguard Tower Zero and the public rest rooms on the pier, respectively. Altemative Action(s): Deny authorization to proceed with the contract bid and forego the project and state grants. Analysis: On August 3, 1998, City Council directed staff to move forward with the design of the pier rest rooms and Lifeguard Tower Zero. This included awarding a professional services consulting contract to Dougherty and Dougherty. The design phase of the project is now complete and ready for bidding. E-2 WQUEST FOR COUNCIL ACTIN MEETING DATE: May 3,1999 DEPARTMENT ID NUMBER: PW 99-05 The public currently utilizes a rental rest room trailer on the pier. When the pier was reconstructed and Tower Zero relocated on a temporary basis, staff was informed that the lifeguard facility structurally needed to be rebuilt. Tower Zero is the "control center• for lifeguarding the beach. This is especially true during the off season when the beach has two lifeguards on patrol getting direction from a lifeguard in Tower Zero who views the entire beach, pier and bluff top park. The total cost for the construction of Lifeguard Tower Zero and the pier rest room is $410,000, plus $41,000 for contingencies and $20,500 for project supplementals. The total allocation is $471,500. The city has received two state grants specifically for these two structures on the pier. The grants total $300,000 of which one percent is kept by the state for administration. The remaining $297,000 is identified for expenditure on this project. The Pier Fund is being recommended to cover the shortfall of $174,500. The original cost estimate for the two buildings was $300,000 plus contingency and supplementals. The reasons for the increase from $300,000 to $410,000 are as follows: The $300,000 estimate did not anticipate the Tower Zero structure accommodating Americans with Disabilities Act (ADA) regulations. The original design also did not include rest room facilities inside Tower Zero, or a First Aid Station on the ground level. The interior rest room is a requirement placed on the project by CaVOSHA. It required the development of a second floor between the ground or pier level and the actual lifeguard observation deck. The original plan also did not include a first floor First Aid Station, but this addition was a result of the number of lifeguard responses to accidents and injuries on the pier, e.g., fishing incidents with hooks or knives; collisions; and, boating and water accidents where victims are transported from the ocean to the pier deck via the electric hoist at the end of the pier. The original design concept for the public rest rooms was matelfemale public rest rooms. The city has had great success with unisex rest rooms built as part of the Pier Plaza master plan and, hence, the design for pier rest rooms was changed to unisex. Consequently, with the additional costs to meet ADA requirements, provide a Tower Zero rest room (per CaVOSHA), a First Aid Station inside Tower Zero, and the change from malelfemale public rest rooms to unisex rest rooms, the project has been increased by $110,000. Staff has redesigned the pier buildings three times to make them as cost effective as possible to construct, including the elimination of extra items like interior cabinetry and storage that will be added later by staff. However, with the difficulty of constructing these buildings while keeping the pier open for public use and revenue production, it has become a costly project. The city is currently using the maximum state grant funds available for these projects and, if we are to proceed, the city will have to use the Pier Fund to make up the difference between the $297,000 of state funds and the estimated $471,500 cost of construction. Staff believes that the revenue anticipated from the recent parking fee changes will be sufficient to accomplish both the pier buildings project and the South Beach Improvement Master Plan, Phase I project, along with the relocation of the Beach Maintenance Facility. Attachment three is a summary of the method of funding to accomplish these projects. Doc #33815 - Pier Bidge RCA.doc -2- OVUM 4:02 PM REQUEST FOR COUNCIL ACTION MEETING DATE: May 3,1999 DEPARTMENT ID NUMBER: PW 99-05 Council Policy Regarding Appropriation of Funds: The appropriation is a new expense that is offset by related new revenues. Environmental Status: Not applicable. Atta_chment(s): 1 Location Map 2 Sample Construction Contract 3. Funding Summary for Beach Related Projects 4. FiS 5. Resolutions Nos. 99-29 and 99-30 Doc 133815 - Pier Bidge RCA.doc -3. 04/19199 4:02 PM RESOLUTIONNO. 99-3g RESOLUTION OF THE: CITY COUNCIL OF THE CITY OF HUNTItiGTON BEACII APPRON ING THE APPLICATION FOR GRANT FUNDS FOR PIER RESTROO`IS WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and The State Department of Parks and Recreation has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and Said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution tht approval of application(s) before submission of said application(s) to the State; and Said application(s) contain assurances That the applicant must comply with; and The applicant will enter into an agreement with the State of California for subject profect(s); NOW, THEREFORE, BE IT RESOLVED that the City of Huntington Beach: I. Approves the filing of an application for Local Assistance Grant assistance for the above project(s); and 2. Certifies that said agency understands the assurances and certification in the application form; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project(s); and 4. Certifies that said agency has reviewed and understands the General Provision contained in the State1local agreement shown in the Procedural Guide; and rcWpicrrcst/jm901120199 Resolution 99-3{ 5. Appoints the City Administrator as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which maybe necessary for the completion of the aforementioned project(s). ATTEST: City Clerk - REVIEWED AND APPROVED: 012tn 2Y:� City A ministrator APPROVED AS TO FORM: qa� r Al City Attorney (!�p V;L INITIATE APPROVED: Di or oft?gimunity Services 2 resoltow cr0ljmV01120M Res. No. 99-30 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITE' OF HUNTIN'GTON BEACH ) I, CONNiE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 3rd clay of May, 1999 by the follo«7ng vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 9 9-2 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACI I APPROVING THE APPLICATION FOR GRANT FUNDS FOR LIFEGUARD TOWER ZERO WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and The State Department of Parks and Recreation has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and Said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and Said application(s) contain assurances that the applicant must comply with; and The applicant will enter into an agreement with the State of California for subject project(s); NOW, THEREFORE, BE IT RESOLVED that the City of Huntington Beach: 1. Approves the filing of an application for Local Assistance Grant assistance for the above project(s); and 2. Certifies that said agency understands the assurances and certification in the application form; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project(s); and 4. Certifies that said agency has reviewed and understands the General Provision contained in the State.'local agreement shown in the Procedural Guide; and reWtowerO/j mV01 R0f 99 Resolution 99-29 5. Appoints the City Administrator as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). ATTEST: City Clerk REVIEWED AND APPROVED: 1 = J,A City AErministrator 2 reso/p i errest/j mVO I I20/99 -Mayor APPROVED AS TO FORM: City Attorney INITIATED ND APPROVED: dr D' or oiltrp&munity Services Res. No. 99-29 STATE OF CALIFORINIA ) COUNTY OF ORANGE } ss: CITY OF TIUNTINGTOti BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 3rd day of Riay, 1999 by the following vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California IW ATTACHMENT #1 Fi U Myos "ovHAlVo - M ®NJHO 1! - (99-0-00 r` zC3WHQ 112FGVQ LZOYO RHOT QCC3397FR w.y dim CITY OF "-A'-.'TINGTON BEACW DEN-ARTMENT Of- PLEUC WORKS VICINITY MAP V ATTACHMENT #2 CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF BEACH PIER BUILDINGS (TOWER ZERO AND RESTROOM) (CC-883) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ENTIRETY 16 g:agree/jmf/k/kalban/01 /14/99 CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF BEACH PIER BUILDINGS (TOWER ZERO AND RESTROOM) (CC-883) THIS AGREEMENT, made and entered into this day of 1998, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and . a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project,- hereinafter referred to as the "PROJECT; more fully described as construction of beach pier buildings (Tower Zero and restroom) (CC-883) in the City of Huntington Beach; and CONTRACTOR has been selected to perfcrm 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 fumish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses Incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. g:agree lonWoonst=101/14:99 09 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. r._. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, -and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and ail amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; g:agrWomVconstrucl01114.M 2 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any.plans, specifications, special provisions, or addenda. the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, -then this Agreement shall control and nothing herein shall be . , considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. . . 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($��, as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after a Notice to Proceed is issued and shall diligently prosecute the PROJECT to completion within One Hundred Eighty (180) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. g:agree/fomVconstruc101/14M 3 5. TIME OF THE ESSENCE The patties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents.' CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the -work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly = : conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing g-agree1fomVcrostruM1114W 4 data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS :CONTRACTOR shall; prior to entering upon the performance of -this Agreement, . . fumish the following three bonds approved by the City Attomey: -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 CITYs acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. g:agree/fomVconstrucJ01114199 5 10. INDEPENDENT CONTRACTOR It Is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED 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 Dollars ($__) per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. g:agreelfomVconshrd01114W 6 CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW snail grant a further period of time prior to the date of final settlement of the Agreement), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of _ CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the . -. completion of the work shall be extended by the number of days 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 materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of. (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate g:agreeltomVconstrucf01114M 7 the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder,- provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in . construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECTJf the actual quantities used are either more than or less than the - _ .: - quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, -at its sole discretion, when warranted by the facts and circumstances, _ order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed If asserted after final payment under this Agreement. if the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. g:agreeM6rmlcwstrud01114/99 8 When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts.-. The final payment, if unencumbered; or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the fling of a Notice of Completion by CITY: Payments sha'I be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the `certificate is due under the terms of the Agreement. Partial payments on the contract price shall - not be considered as a acceptance of any part of the work. 15. - WITHHELD CONTRACT FUNDS,_ SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractom working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. g:agreelformlconstruc/0111 "9 9 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all - liability, claims, damages, tosses, expenses, judgments, costs and demands, -however caused, _ .. including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors; anyone directly or indirectly employed by _. any of them or anyone for whose acts any of them may be liable; -including but not limited to, _ concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia 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 g:9gree/(omVconstruc1G1114199 10 �-J 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 CONSULTANTs covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT.. Said policy : shall indemnify CONSULTANT, its officers, agents and employees, while acting within the: scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including productslcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, -the aggregate limit must be no less than ..$1,000,000 for this PROJECT.. Said policy shall name CITYJts officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANTs Insurance shall be primary. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attomey evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. ' shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. q:agreelfomVconstruc101 /14W 11 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. :A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers and employees as Additional Insureds shall be . provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, -or.violates any provision of this Agreement or the 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. g:agmelfomV=mtrur/01114W 12 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. -No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Govemment Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs -.-and necessary disbursements arising out of the prccessing of Stop Notices; Notices to Withhold, . __ ,_ or any similar legal document. .,Said obligation shall be provided for in the -labor and materials payment bond required of CONTRACTOR.— CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. g:agreMomVcrostwc101114199 13 I 28. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION ...-CONTRACTOR shall be responsible for full compliance with the immigration and - naturalization laws of the United States and shall, in particular,- comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED . CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. --CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's tees. REST OF PAGE NOT USED g:agree/form/construd01114/99 14 V Q 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 AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary -Treasurer REVIEWED AND APPROVED: City A inistrator 9: a g ree ftmi/con s t =101114l99 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ��,p U ' \ tIISlei 'S INITIATED AND APPROVED: 15 Director of Public Works Q ATTACHMENT #3 FUNDING SUMMARY FOR BEACH RELATED PROJECTS PIER BUILDINGS (TOWER ZERO & PUBLIC REST ROOMS) ESTIMATED CONSTRUCTION COST $410,000 10% CONTINGENCY $41,000 5°% SUPPLEMENTALS $20,500 TOTAL ESTIMATED COST $471,500 LESS STATE GRANTS - 2�297,000 TOTAL AMOUNT NEEDED FROM NEW COPs $174,500 SOUTH BEACH PHASE I ESTIMATED CONSTRUCTION COST $3,000,000 10°% CONTINGENCY $300.000 10% SUPPLEMENTALS $300.000 A & E $450,068 TOTAL ESTIMATED COST $4,050,068 LESS PIER FUND CASH -$1.200.000 TOTAL AMOUNT NEEDED FROM NEW COPS $2.850,068 BEACH MAINTENANCE FACILITY RELOCATION DESIGN $171,360 ESTIMATED CONSTRUCTION COST $1,570,750 10°% CONTINGENCY $160.000 10°% SUPPLEMENTALS $160,000 COST FOR TEMPORY RELOCATION $250.000 CALTRANS RENT $45,000 TOTAL ESTIMATED COST $2,357,110 LESS DEVELOPER ADVANCEMENT - 7.� 50,000 TOTAL AMOUNT NEEDED FROM NEW COPS $1,607,110 SOUTH BEACH PHASE 11(ENTITLEMENTS ONLY) BUILDING DESIGNS $120,000 (LIFEGUARD HOS, JR.GUARD FACILITY, POLICE SUB -STATION) COASTAL DEVELOPMENT PERMIT $15,000 TOTAL AMOUNT NEEDED FROM NEW COPS $135,000 TOTAL NEEDED FOR CONSTRUCTION FROM NEW COPS $4,766,678 DEBT ISSUANCE COSTS $200,000 TOTAL ESTIMATED COP ISSUE ;4,966,678 ANNUAL EXPENSE ANNUAL NEW COP DEBT SERVICE $450,000 RUBY'S BUILDING COP ANNUAL DEBT SERVICE $90,000 REPAYMENT TO WATER FUND 1 8 000 TOTAL ANNUAL EXPENSE $698.000 ANNUAL REVENUE RUBY'S LEASE $250,000 $1 INCREASE BEACH LOTS DAILY FEE $250.000 $ .50 INCREASE RECREATIONAL METERS $210,000 TOTAL ANNUAL REVENUE $710,000 ATTACHMENT #4 V CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 98-26 Authorize Advertisement of the Huntington Beach Pier Buildings Project Date: April 2, 1999 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Authorize Advertisement of the Huntington Beach Pier Buildings Project." If the City Council approves this action, (total appropriation $471,500 of which $297,000 is funded by grants), the estimated unappropriated, undesignated Pier Fund Balance at September 30, 1999 will be reduced to $1,239,500. �//-4j J hn Reekstin, Director of Administrative Services F ATTACHMENT #5 k..) RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works/Communily Services Departments SUBJECT: I Permission to Advertise the Huntington Beach Pier Buildin2s Project, Cash Contract No. 883 COUNCIL MEETING DATE: an May 3, 1999 . ..... ... ...... ; .. ........ `;'::STATUS::': Ordinance (wlexhibits & legislative draft if apElicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable)____ Attached Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w1exhibits if applicable) fai ned in full b K the 2��Attomey) Attached Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) Not Applicable Certificates of Insurance (AMroved by the EL Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (if applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (Hf applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable . .... .. ....... . . - — .... --::: :' '::' ' ' - MIS S1 NG:ATTACHMENTS': REVIEWED ;;;;.-RETURNED::!'�. FORW4R ED VMR Administrative Staff kV Assistant City Administrator (initial) City Administrator (initial) City_ Clerk