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Home My WebLink AboutGENTOSI BROTHERS, INC. - 1991-10-21.r/i-4/yy tnY(: X REQUEST FOR CITY COUNCIL ACTION Date; May 16- _1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T Uberuaga, City Administrator t Prepared by: . t'Louis F. Sandoval, Director of Public IN Robert Franz, Deputy City Administrat Ron Hayden, Director of Library Servic Subject: CENTRAL LIBRARY PARKING LOT ALTERNATIVES Consistent with Council Policy? JXJ Yes [ ] New Policy or Exception Statement of Issue, Recommended Action, AnalvAs, Environmental Status, Funding Source, Alternative Action, Attach �el�r"-q' A0 .sIWIFWY STATEMENT OF ISSUE: City staff has received the results of the soil study and remediation plan for the contaminated soil encountered during Central Library Expansion parking lot construction. The staff has now developed alternative scenarios with recommendations as to how to proceed in addition to financing recommendations for City Council review_ RECOMMENDEDACTION: I Approve the appropriation of $940,000 to complete the Central Library Parking Lot Expansion Project- 2. Approve the transfer of $940,000 of unused Certificates of Participation (C-O.P.$) to the Library Service Fund to complete this project 3 Authorize staff to proceed with the proposed soil remediatum plan for the contaminated soil that has been placed on the Mushroom Farm site- 4- Authorize staff to proceed with the Central Libr-ary Parking Lot Expansion Project with the configuration as originally developed (Alternative A). ANALYSIS: The Central Library Parking Lot Expansion Project has been halted with only 436 of the planned 700 parking spaces having been constructed thus far- The Conditional Use Permit for the lot requires 700 parking spaces_ As the Council is aware, the reason for this short fall is the Central Library Parking Lot Alternatives May 16, 1994 Page 2 contaminated soils that were encountered. Our environmental consultant, Geoscience Analytical, Inc., has prepared a soil remediation plan which will prevent the City from having to haul any of the contaminated soil from the site. Only $26,000, however, remains in the project budget. Staff cannot proceed without (1) sufficient funds to perform the soil remediation; (2) a decision from Council whether to build more parking and, if so, where to build it, and (3) sufficient funds to build more parking, if desired. This winter, under the direction of the Fire Chief, contaminated soil was removed from the parking lot excavation site and spread on the adjacent "Mushroom Farm" site. The soil was then covered with plastic to protect it from rain. Geoscience has prepared a remediation plan for this soil which includes scarifying the soil and adding soil amendments on a regular basis over a nine month period. The estimated cost of this remediation plan is $300,000. Our Fire Chief recommends that in order to comply with State law, the remediation be accomplished as soon as possible. The schedule for accomplishing this work has no relationship to the schedule for proceeding with the completion of the parking lot expansion project. In addition to remediating the excavated contaminated soil, it will also be necessary to cap and seal the excavated parking lot site. This work could cost as much as $100,000. That means that, regardless of how the City now proceeds, additional costs of as much as $400,000 are to be anticipated before any additional parking may be contemplated. The following are five (5) alternative solutions: A. Build Additional Parking in Original Planned Location In addition to the cost of this alternative, the $400,000 cost for remediation would be mandated by State regulatory authorities. The cost to complete construction at this originally anticipated site is estimated to be $540,000 for construction of 264 parking spaces. A positive point for this alternative is that the design is complete, and the site is ready for construction. It also provides for a safer, improved road access through the parking lot to the front entrance of the Library. Environmental documentation is in place, and very few surprises are to be expected. All regulatory authorities are aware of this design and are expecting the project, as designed, to proceed. Total Estimated Cost of Alternative A: $940,000 Total Parking Spaces After Completion: 700 B. Add a New Lot South of Westerly Parking Lot This alternative would incorporate a portion of the original plan that isn't over the contaminated soil yet isn't paved. It would add a new section south of and above the Central Library Parking Lot Alternatives May 16, 1994 Page 3 westerly lot. It would be constructed on top of the land fill (over known municipal refuse). It would require a complete new set of design plans and specifications, extensive soil testing and (possibly) a new environmental document. It would require a full methane ventilation system, much the same as the lot to the north. In order to accomplish this alternative, it would still be necessary to complete the mandated $400,000 in remediation work. Total Estimated Cost of Alternative B: $1,140,000 Total Parking Spaces After Completion: 707 C. Add a New Lot East of Main Parking Lot This would create a narrow lot between a large stand of eucalyptus trees east of the main lot and the Youth Shelter entry road. This area is currently used for picnics and leisure park activities. At the north end it has a rather steep upward slope. This will tend to limit the size of the lot. Staff was able to fit only 255 compact stalls in this space. Strong public opposition to this lot may be encountered. This alternative incorporates a portion of the original plan that isn't over the contaminated soil yet isn't paved at this time. It would require a complete new set of design plans and specifications, soil testing and a new environmental document. It would require a methane ventilation system only in the area adjacent to the excavated area. In order to accomplish this alternative, it would still be necessary to complete the mandated $400,000 in remediation work. Total Estimated Cost of Alternative C: $1,035,000 Total Parking Spaces After Completion: 691 D. Add a New Lot at Easterly Entrance This lot would adjoin and run parallel to the easterly entry road (Talbert Avenue). It would be situated upon the site of the old "Bruce Brothers Pit". This was a landfill which accepted, primarily, construction material. This alternative incorporates a portion of the original plan that isn't over the contaminated soil, yet isn't paved at this time. Due to the distance from the front Library entrance and theater, this alternative is less convenient and adds potential hazards for young children and seniors. It would require a complete new set of design plans and specifications, extensive Central Library Parking Lot Alternatives May 16, 1994 Page 4 soil testing and (possibly) a new environmental document_ It may require a methane ventilation system and definitely such a system adjacent to the excavation. In order to accomplish this alternative, it would still be necessary to complete the mandated $400,000 in remediation work Total Estimated Cost of Alternative D: $1,125,000 Total Parking Spaces After Completion: 700 E. Construct No Additional Parking/Perform Remediation Only In order to accomplish this alternative, it would still be necessary to complete the mandated $400,000 in remediation work It would also be necessary to go back to the Planning Commission to obtain a parking variance Receiving a variance, however, doesn't appear likely since the parking lot, with its current 436 spaces tends to over -flow on weekends It should also be noted that the original Central Library parking lot contained 450 spaces_ Total Estimated Cost of Alternative E: $400,000 Total Parking Spaces After Completion: 436 Summary Staff recommends the Council adoption of Alternative A for the following reasons: • Alternative A is less expensive than all other alternatives, except for Alternative E (no project). • Alternative A can be developed in a shorter time frame. • Alternative A has fewer unknowns_ • Alternative A creates parking closer to the Library than other alternatives_ ENWRONMENTAL STATUS: See Above. Central Library Parking Lot Alternatives May 16, 1994 Page 5 FUNDING SOURCE: Unused Certificates of Participation. ALTERNATIVE ACTION: Already Identified ATTACHAMN : 1. Memo regarding Funding Source. 2. Alternative Plans LFS:REE:dw flchblaWYCA1 SOIL-doc L.IBFt^FtV PARKING LOT EXISTING Cc>mrWrIONS PARKING STATISTICS EXISTING SPACES 436 REMEDIATED SOIL AREA - UNIMPROVED AREA LIBRARY PARKING L.O►T l AK! 1 i ALTERNATIVE PARKING STATISTICS IF A rP EXISTING SPACES: 438 PROPOSED SPACES: 204 TOTAL SPACES: too r —4� -7''tT7T.;!"'—IT;TTil� S r '11 e m-j/s i JJll !■16�V9 .1�9�9Y �� C.RB9r M6 �_. r I. Ua i'i ,il. ? ) -LLL!-ILL:_u! ILL!I:L I Il rrr__ V +l .JJI,� O I z� - -~.-__ __ ►ate -��r �~ 1 I I 1 EXIST, SITE i PROPOSED EXPANSION LIBRARY PAFtKINC LOT ALTERNATIVE lip Blip PARKING STATISTICS EXIRTINQ SPACES: 436 PROPOSED SPACES: 273 TOTAL SPACER: 709 REIMEDIATED SOIL AREA - IN - PROPOSED EXPANSION ir.iIn\ ! l . "l T' rTrr i-i f i , T' rTr-{kJ 1 r= �i•l �— r.Ao. L • IJ' ii I ,T `I Iil� . ! 1l1.1!I, u.1f, LIBRARY PARKING L. C> -r ALTERNATIVE "G" A L WE It T LAKE tl "n . . . . . . . . . . . . . . . . . . n n LANDFU SITE PARKING STATISTICS EXISTING BPACIES: 430 PROPOSED SPACES: 255 TOTAL SPACES. 0611 FIEMEDIATED SOIL AREA PROPOSED EXPANSION ro LIBRARY PARKING LOT ALTERNATIVE "ID" I - (—-'TTr�ir "11•i �I r- - Ca1�11M• �I••A•• — I/�F I �� 11 rrII I � {• I � � •� I I fJ � off-IIII!•��I�C�1 � m• I}J l~ c ltiassa• 1.—• If!.+. !i lL I If IIi III �'ll� I I ,AVC PARKING STATISTICS EXISVING SPACQST 438 PROPOSED SPACES: 264 TOTAL SPACES: 700 REMEDIATED SOIL AREA PROPOSED EXPANSION i 9 L� fe CITY OF HUNTINGTON BEACH L" INTER -DEPARTMENT COMMUNICATION NC'MINGTON 0401 TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: ADDITIONAL FUNDING - LIBRARY EXPANSION PROJECT DATE: MAY 3, 1994 An additional $940,000 is needed to complete the parking lot for the Library Expansion Project. My recommendation is that additional unused Certificates of Participation (C.O.P.'s) in the amount of $940,000 be transferred to the Library Service Fund to finance the completion of the project_ If this additional funding is approved, the total amount of unused COP's that will have been provided for the Library Expansion Project will be $6,112,000 as summarized below.- COP's Library Expansion Project Purpose Amount Original use of COP's $5,000,000 Approved Amendment 172,000 Project Completion 940,00 Total $ 6,112,000 The debt service on the $6,112,000 for the unused .COP's is roughly $503,000 per year (pro rata amount based on the original 1986 and 1989 COP issues, reduced to reflect savings from the COP refinancing in 1993)_ As an interim, or temporary, financing method, It is proposed that the $503,000 annual debt service be paid in the next two fiscal years from the Library Service Fund ($341,000 per year) and General Fund ($162,000). The General Fund portion totaling $324,000 over two years would be a one time expense paid from General Fund reserves (Fund Balance). The permanent financing method for the $503,000 would be delayed 2 years due to the need to continue General Fund debt service payments of $399,000 per year for the original 1972 bonds that were issued to build the Library_ After the next two years the $503,000 debt service would be paid by the Library Fund ($221,000) and General Fund ($282,000). The General Fund payment of ADDITIONAL FUNDING - LIBRARY EXPANSION PROJECT $282,000 would be more than offset by $399,000 per year reduction in the General Fund budget due to the retirement of the previous 1972 debt issue. The above recommendations are based on the financing alternatives developed in 1992 as part of the approval of the expansion project. Attached are schedules showing two alternative financing strategies. The Library and Administrative Services staff have concluded that Alternative #2 is the best financial strategy due to the following reasons- 1. It is the least cost to the City over the long term. Savings to the City compared Alternative #1 are estimated to total $4,724,000 over the next 22 years. 2. Room rental and theater rental revenue from the Library Expansion are exceeding prior estimates. This means the Library Service Fund can pay, for the next two years, a higher debt service payment than previously projected. A long term lower payment is required, however, to properly finance building maintenance, repairs, and other operational costs. The long term distribution of debt service costs between the General Fund and Library Service Fund is based on the original approval of a Library financing strategy (see attached schedules)_ 1-7 RCBERT I FR)ANZ Deputy City Administrator RJF:skd Attachments: 1. Schedule 1 - Analysis of Library Funding Alternatives 2_ Schedule 2 - Method of Financing !_IBRARYI.DOC 05104/94 Schedule 2 Library Debt Service Payments Method of Financing Fiscal Altemative #1 Altemative #2 Year Library Library Ending General Service - General Service Sept.30 Fund Fund Total Fund Fund Total 1995 $399,000 $221,000 $620,000 $561,000 $341,000 $902,000 1996 399,000 221,000 620,000 561.000 341,000 902,000 1997 399,000 221,000 620,000 282,000 221,000 503,000 1998 399,000 221,000 620,000 282,000 221,000 503,000 1999 399,000 221,000 620,000 282,000 221,000 503,000 2000 399,000 221,000 620.000 282.000 221,000 503,000 2001 399,000 221,000 620,000 282,000 221,000 503,000 2002 399,000 221,000 620,000 282,000 221,000 503,000 2003 399,000 221,000 620,000 282,000 221,000 503,000 2004 399,000 221,000 620,000 282,000 221,000 503,000 2006 399,000 221,000 620,000 282,000 221,000 503,000 2006 399,000 221,000 620,000 282,000 221,000 503,000 2007 399,000 221,000 620,000 282,000 221,000 503,000 2008 399,000 221,000 620,000 282,000 221,000 503,000 2009 399,000 221,000 620,000 282,000 221,000 503,000 2010 399,000 221,000 620,000 282,000 221,000 503,000 2011 399,000 221,000 620,000 282,000 221,000 503,000 2012 399,000 221,000 620,000 282,000 221,000 503,000 2013, 399,000 221,000 620,000 282.000 221,000 503,000 2014 399,000 221,000 620,000 282,000 221,000 503,000 2015 399,000 221,000 620,000 282,000 221,000 503,000 2016 399,000 221,000 620,000 282.000 221,000 503,000 2017 399,000 221,000 620,000 282,000 221,000 503,000 2018 399,000 221,000 620,000 282,000 221,000 503,000 2019 399,000 221,000 620,000 282,000 221,000 503,000 2020 399,000 221,000 620,000 282,000 221,000 503,000 2021 399,000 221,000 620,000 2022 399,000 221,000 620,000 2023 399,000 221,000 620,000 2024 399,000 2-21,000 620,000 Total $11,970,000 $6,630,000 $18,600,000 $7,890,000 $5,986,000 $13,876,000 ' Method of Financing A proved in 1992 LIBRARYALS 514/94 Schedule I Analysis of Library Funding Alternatives Comparison of Debt Service Payments Fiscal I Alternative #1 Alternative #2 Year Ending Sept. 30 New COP Issue & Defease 1972 Bonds Pay Debt Service on 1986189 COP's & Continue to pay 1972 Bonds 86189 COP's 72 Bonds Total 1995 $620,000 $503,000 $399,000 $902,000 1996 620,000 503,000 399,000 902,000 1997 620,000 503,000 0 503,000 1998 620,000 503,000 0 503,000 1999 620,000 503,000 0 503,000 2000 620,000 503,000 0 503,000 20011 620,000 503,000 0 503,000 2002 620,000 503,000 0 503,000 2003 620,000 503,000 0 503,000 2004 620,000 503,000 0 503,000 2005 620,000 503,000 0 503,000 2006 620,000 503,000 0 503,000 2007 620,000 503,000 0 503,000 2008 620,000 503,000 0 503,000 2009 620,000 503,000 0 503,000 2010 620,000 503,000 0 503,000 2011 620,000 503,000 0 503,000 2012 620,000 503,000 0 503,000 2013 620,000 503,000 0 503,000 2014 620,000 503,000 0 503,000 2015 620,000 503,000 0 503,000 2016 620,000 503,000 0 503,000 2017 620,000 503,000 0 503,000 2018 620,000 503,000 0 503,000 2019 620,000 503,000 0 503,000 2020 620,000 503,000 0 503,000 2021 620,000 2022 620,000 2023 620,000 2024 620,000 Total $18,600,000 $13,876,000 Difference $4,724,000 LIBRARYALS 514/94 REQUEST FOR CITY COUNCIL ACTION Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Ron Hayden, Director of Library Services) OOTDuis F. Sandoval, Director of Public Wor Subject: LIBRARY EXPANSION PROJECT; CC-740 Consistent with Council Policy? 1X1 [ ] New Policy or E: Date: January 3, 1994 APPROVED BY CITY COUNCII. -`3 191f Statement of Issue. Recommended Action, Analysis, funding Source Alternative Action Attachments: ZZIF STATEMENT OF ISSUE: Allb-1. The Central Library Expansion Project (Phase 1) is complete. RECOMMENDED ACTION: Accept the improvements of the Central Library Project (Phase 1) and authorize the City Clerk to file the Notice of Completion with the County Recorder's Office. ANALY5IS: The construction of the Central Library Expansion Project includes the services of an architect and two contractors. On January 21, 1992, Council awarded a contract to Gentosi Brothers for the construction of the library building improvement (Phase 1). This work is substantially complete; therefore, construction funds retained to cover non -payments to subcontractors and suppliers should be released to Gentosi Brothers. The official release of these funds, cannot be instituted until Council formally accepts the project and authorizes the City Clerk to file the Notice of Completion with the County Recorder's Office. Furthermore, retention funds cannot be released until 35 days after the ice has been filed. Although the building improvements are substantially complete, there are still a few outstanding change orders that have not been cost negotiated. The Grand Opening Ceremony for this facility is scheduled for January 8, 1994. This ceremony cannot take place until the building improvements have been authorized for occupancy. Council's acceptance of the facility will authorize the filing of the Notice of Completion and building occupancy. Staff recommends this action with the understanding that project acceptance does not impact change order negotiations or the completion of corrective work (i.e. paint touch-up etc.) A final report will be filed with Council when the outstanding change orders are finalized. On July 5, 1988, Council approved the selection of Anthony & Langford Architects to prepare plans and specifications for the construction of the Central Library Expansion Project. During the preparation of these documents, it was decided that the project should be split into two phases. Phase One would be the construction of the building improvements and Phase Two, the construction of a new parking lot. Phase One is now complete; however, staff has identified LIBRARY EXPANSION PROJECT; CC-740 Janl,ary 3, 1994 Page 2 substantial change order costs directly attributable to errors and/or omissions in the plans and specifications prepared by the architect. This information was forwarded to the architect on December 28, 1993. A written response was requested, Staff will review the response, then meet with the architect and negotiate a settlement for Council review and approval at a later date. On March 6, 1993, Council awarded a contract to Shawnan Corporation for the construction of the Central Library Parking Master Plan (Phase Two). Although this project is currently under construction, Council should be reminded that the contractor has encountered contaminated soils. Based upon preliminary soils testing, it appears that the contractor will be able to construct most of the parking lot plan as originally designed. On December 21, 1993, staff obtained Planning Commission approval to phase construction of the parking lot until the contaminated soil issue is resolved. The contractor will construct 500 of the 705 spaces prior to the Grand Opening Ceremony. Upon completion of final soils testing, alternative parking plans for construction of the remaining 205 spaces will be presented to Council. A soil remediation plan and associated cost estimate will also be prepared. FUNDING SOURCE: The final report will include a detailed analysis of project costs and funding sources. ALTERNATIVE ACTION: Deny acceptance of the Phase One improvements and the filing of a Notice of Completion until all contract issues are complete. LFS:DRN:dw bVirml • REQUEST FOR CITY COUNCIL ACTION�� Date: September 7, 1993 v, _ rn Submitted to: Honorable Mayor and City Council -n x r�jc:ymn Submitted b • Michael T. Uberua a City Administrato ai Ln Prepared by: Ron Hayden, Director of Library Services Louis F. Sandoval, Director of Public Works ca w Subject: CENTRAL LIBRARY EXPANSION PROJECT FAP—PROVED BY CITY COUNCIL Cc - ?Slo f.7 19.M Consistent with Council Policy? [X] [ ] New Policy or Excepdr,= cam- 917/93 ah aPproprca�con S&0,aoo �a be- r�ues�-� �mm STATEMENT OF ISSUE: library � an-o-ups aA,/ 4 /12, 000 �,e7" 6"'PA:A � Oq Par,ti`�rPa�i o n �u �d S The Change Order and Supplemental Expenditure budgets for Phase I of the Central Library Expansion Project must be increased to complete the project. RECOMMENDED ACTION: Increase the authority to approve Change Order budget from $291,500 to $583,000. 2. Increase the authority to approve Supplemental Expenditures from $15,000 to $58,000. 3. Approve an appropriation of $172,013 for these additional contract expenditures. ANALYSIS: On January 21,1992, Council awarded a contract to Gentosi Brothers for the construction of the Central Library Expansion Project - Phase I. This $6,136,500 contract included a $291,500 budget for anticipated Change Orders and a $15,000 budget for Supplemental Expenditures. Based on actual costs, to date, coupled with pending expenses, the budgets for Change Orders and Supplemental Expenditures must be increased to complete the project. Pursuant to Resolution 4896, the Director of Public Works is authorized to spend up to 10% of the contract amount for Change Orders. However, expenditures over $50,000 must have prior Council approval. At the time of contract award, Council authorized a 5% Change Order budget and staff proceeded with a budget of $291,500. Due to the complexity of structure, coupled with errors and omissions in the plans and specifications, and unforeseen work, Approved change orders now total $283,465. Additional work which will exceed the Change Order budget of $291,500 must be accomplished before the library expansion project can be completed. Staff could have requested additional funding prior to this date; however, the total amount needed could not be identified until now. / l,- RCA'- Central Library September 7, 1993 Page 2 Staff and the Project Construction Management firm believe that all remaining Change Order work has now been identified and is not expected to exceed an additional $291,500. Therefore, this appears to be the logical time to request additional funds of $291,000, authorizing a total amount of $583,000 for change orders. This amount represents the 10% commonly budgeted for change orders. Staff would have budgeted 10% initially; however, we did not anticipate the excessive cost associated with errors and omissions in the plans and specifications. Based on a preliminary review of probable change order costs, the errors and omissions represent a $269,000 expenditure. The approval of the Library Expansion Project - Phase I includes a $15,000 budget for Supplemental Expenditures. Based on pending Supplemental Expenditures this budget is no longer sufficient; therefore, staff recommends that the budget be increased to $58,000. FUNDING SOURCE: Council Approved Recommended Budget Increase Original Contract $5,830,000 -0- Change Order Budget 291,500 $291,500 Supplemental Expenditure 15,000 43,000 TOTAL $6,136,500 $334,500 - 162,487* Appropriation Request $172,013 $5,830,000 583,000 58,000 $61471,000 * On, June 21, 1993, Council approved reprogramming $162,487 in Community Development Block Grant funds for the Library Expansion Project - Phase 1; thereby, reducing the request from $334,500 to $172,013. The $172,013 will be obtained from one of the following potential funding sources: Park Acquisition and Development fund, Library support group donations or the City's Unappropriated Fund Balance. Staff is currently reviewing the status of the Park Acquisition and Development fund and the amounts available in the fund by the Library Support groups. This additional information will be presented to Council at the September 7, 1993 Council meeting at which time staff will be recommending a specific funding source. ALTERNATIVE ACTION: Deny approval of recommended increases. Construction work would then stop on change order items. Some of this change order work is critical to further construction activities, causing the entire the project to be delayed until this issue is resolved. The delay could cost a total $41,000 between now and September 20, 1993. REQUEST FOR CITY COUNCIL ACTION Date Submitted to: Honorable Mayor and City Council Submitted by: Michael `I'. Uberuaga, City Administrato Prepared by: Ron Hayden, Director, Library Se is August 15, 1994 APPR'OVED BY CITY COUNCIL Subject: REIMBURSEMENT TO LIB CONSTRUCTION FUND FOR PHASE II POOLS & FOUNTAINS ADDITIONAL WORK Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Additional work was needed to complete the pools and fountains in Phase lI of the library Construction Project. Donations have been received to cover these costs. RECOMMENDATION: Accept $40,000 in donations from the library Patrons Foundation and the Public Facilities Corporation for additional work which was required under Phase If of the Library Expansion Project for completion of the pools and fountains. ANALYSIS: The Library Patrons foundation and the Public facilities Corporation each approved $20,000 to be used for the required grading, electrical, plumbing, lighting, and lining to the interior pools and fountains during Phase 11 of the construction project. "these funds have been received by the city and are available for replacement to the construction fund. The city advanced these payments due to the invoice deadlines while waiting for the support groups to transfer funds. FUNDING SOURCE: $20,000 in RLXI.S39190300 - Library Services Fund, $$20,000 in RLXLS39283100 - Library Donation Account. ALTERNATIVE ACDON: I . Refund the donation amounts to the donors. ATTACHMENTS: None M'rU:RI-I:lfl:gc C; � r Goo.g� REQUEST FOR CITY COUNCIL AC ON .�, -<1-- - Date January 21, 1992 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administr$o Prepared by: Ron Hayden, Director, Library Subject: CENTRAL LIBRARY EXPANSION e e- -7 Ito Consistent with Council Policy? ( } Yes ( } New Policy or A VED BY CITY COUNCIL / + - 19_._.... CITY CLERIC Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: To begin construction of the Central Library Expansion Project, the City Council must award the construction contract and approve the financing. RECOMMENDATION 1. Utilize up to $5,000,000 of the 1986/89 unused COP proceeds as temporary financing for the Library Expansion Project:. 2. Accept the lowest qualified bid and award the contract to Gentosi Brothers Contractors. 3. Authorize the Director of Public Works to expend $6,136,500 to cover contract costs of $5,830,000, estimated construction change orders of $291,500, and anticipated incidental expenditures of $15,000. XWXT.VCTQ • Pursuant to the 1987 HBW Associates, Inc. "Needs and Assessment Study," of the Huntington Beach Library System, Council directed staff to proceed with the expansion of the Central Library. On July 5, 1988, Council approved the selection of Anthony & Langford to prepare plans, specifications, and a probable cost estimate for the expansion of the Central Library. Subsequent to this action, Council approved expanding the scope of the project to -include the design of additional improvements and the development of a master parking plan. On October 21, 1991, City Council authorized a call for bids for the Central Library Expansion Project. The following lists the contractors and bids for the building only and limited site work received and opened on Tuesday, December 17, 1991. MISC.04.1 Fa Wn S1fi5 Contractor A.R. Willinger Company Gentosi Bros Contractors Nationwide Construction Co. Inc. C.W. Driver & Associates Lewis Jorge Sumitomo Construction American, Inc. John R. Hundley, Inc. PW Construction, Inc. Swinerton & Walberg Co. Shirley Bros., Inc. J Ray Construction Cal-Pac Construction, Inc. Millie and Severson, Inc. Macco Constructors, Inc. Berry Construction, Inc. Culp' Construction Company Bid Amount $5,560,000* 5,830,000 5,889,000 5,983,000 6,000,000 6,825,000 6,143,826 6,298,000 6,300,000 6,318,000 6,357,000 6,383,000 6,390,000 6,543,000 6,572,588 6,825,000 *A.R. Willinger Company made a $1,000,000 clerical error, the correct bid should have been $6,560,000. Based on a legal opinion received from the City Attorney (see attached), A.R. Willinger was permitted to withdraw their bid without penalty. Therefore, the lowest bid was submitted by Gentosi Bros. Contractors. A committee comprised of the Director of Library Services, the Public Contract Administrator, the Chief Structural Building Inspector, the Chief Plumbing & Mechanical Inspector, and the Chief Electrical Inspector reviewed the qualifications of Gentosi Bros Contractors. Based on the extremely positive outcome of this review process, it is recommended that a contract be awarded to Gentosi Bros Contractors for the construction of Library Building only. Contract for the Parking Master Plan construction will be returned to the City Council June, 1992. The estimated total costs of the Library Expansion and parking is $8,500,000. The unfunded portion is estimated to be $5,000,000. To finance the library during construction, the current budget proposes and staff recommend temporary use of $5,000,000 of the City's unused $10,200,000 COP proceeds. According to Stone & Youngberg, the underwriting firm used by the City for prior COP issue, using the existing COP's are more economical than issuing new debt. The following are four funding alternatives by Bob Franz, Deputy City Administrator (see Attachment #1: Funding Alternatives - Library Expansion Project). An important point to understand is that the existing General Fund payment of $399,000 per year is for debt service on the 1972 Library bonds. In the summaries and analysis of new library costs resulting from the expansion project, the continuation of the General Fund annual payment of $399,000 is assumed. MISC.04.1 Alternative 1: (STAFF RECOMMENDATION) Loan $5 million from 1986/89 COP proceeds, as interim/temporary Library Expansion Project funding, then repay the $5 million with a new 1994 COP issue which would include defeasance of 1972 library bonds. Alternative 2: Defease 1972 library bonds, and issue $5 million of new COP's (no use of 1986/89 COP's). Alternative 3: Use $5 million of 1986/89 COP proceeds as permanent financing (do not defease 1972 library bonds). Alternative 4: (Not included in attached analysis): Utilize General Fund reserves to finance all or a portion of the $5 million needed for the Library Expansion Project. Mr. Franz concludes that Alternative 1 provides the City with a sound interim financing approach while still keeping many options open as to the permanent financing of the Library Project. Therefore, it is recommended as the best financing option available for the funding of the $5 million needed for the Library Expansion Project. The construction is expected to take 18 months. Upon completion of the construction, staff will return to Council to recommend the permanent financing. However, based on economic conditions or necessity of funding other capital projects, the $5,000,000 loan of COP proceeds could be repaid by issuing new debt at any time during or post construction. To finance the project, Council approved the establishment of a special enterprise fund titled Library Service Fund. This fund will be used to finance the expansion costs including interest payments on the load of COP proceeds, plus all increased personnel and operating costs. New revenues for the fund include the Community Enrichment Library Fee, room rentals, theater rentals, parking meter revenue, interest earnings, and media revenues. Because of this Library Service Fund, the General Fund would not be impacted during or post construction (see Attachment #2) . During construction: During construction, the Library Service Fund will pay interest to the General Fund primarily from the interest earned on the existing Library Service Fund balance, revenue from the Community Enrichment Library Fee, and the existing parking meter revenue (see Attachment #3: Construction Financing During Construction). The existing Library Service Fund has approximately $2,122,000 in addition to approximately $700,000 donated funds for a total fund balance of $2,822,000. During construction, it is anticipated to use the Library Service Fund and donations prior to using the COP funds. This approach will allow the COP's to continue to generate interest earnings revenue to offset the General Fund costs. When the library begins using the $5,000,000, (estimated to be January, 1993), the Library Service Fund will pay to the General MISC.04.1 Fund the interest on the loan. Total interest payments during construction are estimated to be $327,000. The revenue from the Library Service Fund during the construction period is estimated to be $506,748. When interest payments on the COP loan of $327,000 are subtracted, the cumulative balance would be $178,917. (See attachment #4: Library Service Fund Revenues and Expenses During Construction.) This reserve will carry over for post construction expenses. Post construction: The post construction expenses related to the Library Expansion Project will continue to be paid by the Library Service Fund. However, revenue from programs generated as a result of the expansion including the theater, room rental, media, and additional parking meters will be included in the Library Service Fund (please see Attachment #5). Beginning in FY 94/95, when the expanded library is in operation, the annual revenue related to the Library Expansion is estimated to be $575,625. The annual estimated expenses are $450,000, resulting in an annul surplus of $121,000. When this surplus is added to the cumulative balance of $178,917, acquired during construction, the Library Service Fund reserve at the end of 94/95 should be approximately $300,000. It is important to note that this does not include additional potential revenue of the Friends Book & Gift Store, and fund-raising and donations of $120,000 total. For more detailed information on post construction revenue, please see Attachment #6: Detailed Information on Post Construction Revenue). in summary, during construction, the Library Service Fund consisting of existing funds, interest earned, and limited parking meter revenue will pay to the General Fund the interest on the $5.000,000 loan. In post construction, the Library Service Fund package will expand to include room rental, theater rental, expanded parking meters and cumulative balance. These funds are sufficient to pay not only the debt service but also personnel and operating costs. Upon completion of the project, staff will return to Council to determine the most economical means for permanent financing. Again, if economic conditions warrant, these funds can be returned and new debt issued at any time during the construction. MISC.04.1 FUNNING SOURCE: ARCHITECT'S ESTIMATE Based upon a detailed cost estimate proposed by Construction Analysts, Inc. of Carlsbad, CA., the cost of constructing the building improvements alone, we projected at $5,403,598 prior to the bidding project. On December 16, 1991, Construction Analysts prepared a revised cost estimate to $5,912,999 based on numerous plan changes and clarifications in the specifications which occurred during the project bidding process. The $5,912,999 does not include a budget for anticipated change orders or incidental expenditures. When these items are included the final estimate is $6,223,648 as summarized below: Contract Costs: $5,912,999 Anticipated Change Orders 295,649* Incidentals 15,000** $6,223,648 GENTOSV S BID Contract Amount $5,830,000 Anticipated Change Orders 291,000* Incidental Expenses 15,000** $6,136,500 *Resolution 4896 authorizes the Director of Public Works to spend up to 10% of the contract amount, not to exceed $50,000 for Change Orders. Staff recommends a budget equal to 5% of the contract amount. Examples of possible Change Orders include such things as change in field conditions, unavailable materials, weather delays, errors in the plans and changed city requirements. **Miscellaneous soils testing, Edison electrical hookup, water serve, etc. SOURCE OF FUNDING Funds for this project will be obtained as directed in the analysis section of this RCA. ALTERNATIVE ACTION: 1. Select a different funding alternative as described in Attachment 1. 2. Reject low bid or all bids and do not proceed with construction. ATTACHMENTS: 1'. Funding Alternatives - Library Expansion Project 2,. Projected Annualized Increased Costs/Revenues 31. Construction Financing During Construction 4`. Library Service Fund Revenues and Expenses During Construction 5. Estimated Library Service Fund Revenues and Expenditures Post Construction 6. Detailed Information On Post Construction Revenue ATTACHMENT 1 I CITY dF HUNTINQTON BWACH INTER -DEPARTMENT COMMUNICATION +aPnwcMN "'W" TO: RON HAYDEN, Library Director FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: FUNDING ALTERNATIVES — LIBRARY EXPANSION PROJECT DATE: January 9, 1992 Attached is a copy of my October 14, 1991 report recommeiding a financing program for the Library Expansion Project. For the reasons indicated in that report, it is recommended that $5,000,000 of the City's unused C.Q.P. proceeds be used as interim/temporary financing for the project. Permanent financing, under the recommended approach, would be determined upon project completion in 1994 when all construction costs are known. Permanent funding alternatives would be more fully analyzed in 1994. Also. attached is a financial analysis of alternatives to the above recommended funding approach. Following is a description of four funding alternatives. An important point in this analysis and the attached detail is to understand the existing General Fund payment of $399,000 per year for debt service on the 1972 Library bonds. In your summaries and analysis of new Library costs resulting from the expansion project, the continuation of the General Fund annual payment of $399,000 is assumed. The attached analysis, therefore, needs to be reviewed in comparison to the current annual cost of $399,000 being paid by the General Fund. ALTERNATIVE 1 — _ (STAFF _RECQMMENDATII N ): _ _Lgan _$5 mi ] ] i Qn_ from 1986/89 C.O.P. Proceeds. as interim/temporary Library Expansion Project funding, then repay the $5 million with a new 1994 C.O.P. issue which would include defeasance of 1972 ibrar 8QnqS This recommended alternative would allow a delay in the issuance of permanent C.O.P.'s and defeasance of the 1972 bonds. This has the benefit of delaying the increase in annual debt service payments. You have shown that the Library Service Fund can pay interest to the City on the temporary loan of $5 million during the construction of the Library Expansion. Upon completion of the project, the City can then approve permanent financing as outlined under Alternative 2, 3 or 4 below, can consider the issue of whether to issue new C.O.-P. debt. ALTERNATIVE 2: Defease _1972 Library Bonds, and issue $5 million of new C.O.P.'s (no use of 1986/89 C.O.P.'s). This alternative represents the basic permanent financing approach for the Library Expansion Project. As indicated in the attached October l5th memorandum, this financing approach was approved by the City Council in March of 1991 and could be implemented now. A delay in the implementation of this permanent financing approach (Alternative 1) has been recommended for the following reasons: BUDGET STUDY SESSION Policy Guidelines for '92/93 Budget Preparation i. From a cash management point of view, it is not recommended that new C.O.P. debt be issued when proceeds of the prior C.O.P. issue have not yet been utilized or allocated. To do so would increase annual debt service costs unnecessarily. 2. Any new C.O.P. issue requires a pledge of General Fund resources as security for the annual debt service payments even if the Library Service Fund revenues are "earmarked" for debt service payments. Due to the current General Fund shortfall, rating agencies could lower the City's bond rating upon issuance of a new C.O.P. debt. This would result in higher annual debt service payments compared to issuance at current City bond ratings. 3. Total costs for the Library Expansion Project are unknown until the construction contract is completed, parking, Talbert Avenue, and methane mitigation issues are resolved. ALTERNATIVE 3: Use $5 million of 1986/89 C.Q.P.- proceeds_ is permanent financing._(do_not_defeas_e 1972_LibraryBgnds). While this alternative has the advantage of being the ie s>i over the long term, it has the disadvantage of being the highest cost for the four fiscal years beginning in 1994/95. This is due to the need, through 1997/98 to pay both the debt service on the 1972 bonds ($399,000 per year) plus the debt service on the 1986/89 C.O.P.'s (roughly $425,000 per year) for a total annual average debt service for the four years of $815,000. Following those four years, the annual debt service would drop to an average of $423,000 compared to alternatives 1 and 2 where total average annual debt service would be an estimated $550,000 or $573,000 respectively. Please note that the City will retain the option of implementing this alternative in 1994 if Alternative #1 is approved as recommended. That is, in 1994, prior to the issuance of permsanenj financing for the Library Project (including defeasance of the 1972 bonds) this Alternative #3 can be analyzed again in comparison to a 1994 C.O.P. issue to defease the 1972 bonds and raise $5 million in new proceeds. ALTERNATIVE 4 — (Not- included in attached analysis): Utilize General Fund reserves t4_ fi nsInce_ all or a portion of the $5, mill ion _needed for the Library Expansion Project. Instead of loaning any of 1986/89 unused C.O.P. proceeds or issuing any new debt to defease the 1972 bonds, General Fund reserves could be allocated to fund all or a portion of the $5 million needed for the Library Expansion Project. Obviously this would reduce the fund balance (reserve) of the General Fund by whatever amount is allocated to the Library Expansion Project. This alternative is D t recommended at the current time due to the uncertainty about the 1992/93 General Fund budget shortfall (and the litigation of the additional PERS refund of $6.5 million). Upon completion of the construction of the Library Project, the General Fund reserve may be large enough to fund all or a portion of the $5 million currently estimated to be needed for the Library Expansion Project. If this occurs, then the City could consider using General Fund reserves instead issuing new C.O.P. debt in 1994. —2— BUDGET STUDY SESSION Policy Guidelines for '92/93 Budget Preparation MMARY As indicated in the above analysis, Alternative i provides the City with a sound interim financing approach while still keeping many options open as to the permanent financing of the Library Project. Therefore it is recommended as the best financing option available for the funding of th 5 million needed for the Library Expansion Project. �WRT J. FRARZ Deputy City Administrator RJF:skd -3- WPADSERT:738 [LJJ0& CITY OF HUNTINGTON BEACH LOL9 INTER -DEPARTMENT COMMUNICATION FRAM GTON MACH To MICHAEL T. UBERUAGA From ROBERT J. FRANZ City Administrator Deputy City Administrator Subject FINANCING — LIBRARY EXPANSION PROJECT Date OCTOBER 14, 1991 This memorandum will outline the reasons for the proposal to utilize up to $5.000,000 of unused Certificates of Participation (COP) proceeds as temporary financing for the Library Expansion Project. These COP proceeds (total - $10.2 million) are available due to the cancellation of the North of the Pier Parking Project. The unused COP proceeds will ultimately be used for City capital improvement projects or will be refunded. -- PERMANENT FINANCING — LIBRARY EXPANSION PRQJEQT The permanent financing for the Library Expansion Project is a refinancing of the 1972 Public Facilities Corporation (PFC) debt on the Library. The estimated new annual debt service for this approach is $589,780 compared to current debt service of $399,000. The $190,780 increase in annual debt service cost would be paid from the new Library Service Fund revenues. This financing approach was approved by the City Council in Larch of 1991 and could be implemented now. A delay in implementation of this permanent financing approach has been recommended for the following reasons: I. From a cash management point of view, it is not recommended that new COP debt be issued when proceeds of a prior COP issue have not yet been utilized or allocated. To do so would increase annual debt service unnecessarily. 2. Any new COP issue requires a pledge of General Fund resources as security for the annual debt service payments even if other revenues are "earmarked" for debt service payments. Due to the current General Fund shortfall, rating agencies could lower the City's bond rating upon issuance of a new debt issue. This would result in higher annual debt service payments compared to issuance at current City bond ratings. 3. Total costs for the Library Expansion Project are unknown until a construction contract is awarded, parking, Talbert Avenue, and methane mitigation issues are resolved. PROPOSED TEMPORARY FInAS CING — LIBRARY EXPANSION PROJECT It is proposed to use up to $5,000,000 of the unused COP proceeds as temporary financing. This would allow a delay in the issue of permanent COP's and would delay the increase in annual debt service payments. The temporary financing can be viewed as a construction loan or "line of credit" upon which interest would be paid as funds are used. The interest rate on the funds used can be set by the City Council at the same rate as the City's investment portfolio earnings, thereby assuring that there is no loss in interest earning revenue to the unused COP fund. -J . FINANCING - LIBRARY EXPANSION PROJECT Conclusion: The permanent financing approach can be implemented at any time. Staff recommendation is: 1) Use up to $5,000.000 of unused COP's for temporary financing of the Library Service Project and, 2) Delay the implementation of permanent financing until the completion of the Library Expansion Project or at such earlier time that the $10.2 million of unused COP proceeds are needed for either refunding or use for City projects. RJF: skd WPADSERT:605 _Z_ STONE & YOUNGBERG •A=MBFFIS PACIFIC STOCK EX:HANGF January 10, 1992 Mr. Robert Franz Deputy City Administrator P. O. Box 190 2000 Main Street Huntington Beach, California 92648 Dear Bob: Enclosed is our analysis of the City of Huntington Beach's alternatives regarding the funding of the $5 million Library Improvement Project. Each of the analyses assumes that project funding in some form begins on March 1, 1993, so the first expenses are reflected in the FY 1994 budgets. Interest rates for the analyses are based on tax- exempt and U. S. Treasury rates on December 16, 1991. Please let me know if you have any additional Questions on this matter. Enclosures Sincerely, Stone & Youngberg Edward G. Schilling ONE CALIFORNIA STREET • SAN FRANCISCO. CALIFORNIA 94111 • (415) 981-1314 CITY OF HUNTINGTON BEACH ANALYSIS OF LIBRARY FUNDING ALTERNATIVES December 17, 1991 Alternative #1 LEND PROCEEDS FROM 86189 COPS TO LIBRARY, CONTINUE TO PAY 72 BONDS, RESTORE 86189 PROCEEDS WITH 1994 COP SALE Par Amount of Bonds (1994 COP) $7,025,000 Annual Debt Service FY 1994 (includes 72 Library Bonds & 86 COPS) $781.328 Average from 1995 through 2024 (72 Bonds defeased) (1) $548,568 Interim Debt Service for 86189 COPS and 72 Library Bonds $781,328 Debt Service on 1994 COPS $16,457.043 Total Library Debt Service to maturity $17,238.371 Present Value of Debt Service @ 7% $7,073,381 Alternative #2 DEFEASE 72 BONDS, $3 MILLION NEW MONEY CLOSING MARCH 1, 1993 Par Amount of Bonds $7,325,000 Average Annual Debt Service $573,346 Total Debt Service to maturity (2) $17,200,373 Present Value of Debt Service @ 7% $7,1 15,172 Alternative #3 REASSIGN PROCEEDS FROM 86189 COPS TO LIBRARY, CONTINUE TO PAY 72 BONDS (3) Amount of 86189 COP Proceeds Required (4) $4,855,000 Average Annual Debt Service FY 1994 through 1998 (includes 1972 Library Bonds) $789,188 From 1998 through 2020 $423,794 Debt Service for new Library Project $11,414,344 Remaining 1972 Library Debt Service $1,944.869 Total Library Debt Service to maturity (5) $13,359,213 Present Value of Debt Service @ 7% $6,648.978 NOTES: 1. Reinvestment yields to defease 1972 Library bonds taken from Wall Street Journal dated 12/16/91. 2. Alternatives #1 and #2 assume 29 year amortization of debt at current AI interest levels. 3. Alternative #3 is assumed to be a permanent financing option for the purpose of this analysis: i.e. the 86189 COP Fund would not be reimbursed by a future COP sale. 4. All three alternatives assume net funding of the Library project with I5 month construction period and 5% investment earnings. 5. Alternative #3 uses the 1986 interest rates through final maturity in 2016 and then the 1989 interest rates for the 2019 Term Bond (26 year amortization), and continues scheduled debt service to maturity on 1972 Library Bonds Fiscal Year Ending Jun-30 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Total Debt Service CITY OF HUNTINGTON BEACH ANALYSIS OF LIBRARY FUNDING ALTERNATIVES COMPARISON OF DEBT SERVICE PAYMENTS Alternative #I Alternative #2 Lend 86/89 Proceeds for Library 1993 Library Restore 86/89 COP Fund w/ 94 COP Sale COP/Defease 86/89 COPS 72 Bonds 94 COP Total 72 Bonds 392,359 388,969 0 781,328 573,406 509,318 509,318 574,138 549,495 549,495 574,394 550,008 550,008 574,150 550,033 550,033 573,408 549,570 549,570 572,170 548,623 548,623 575,325 552,075 552,075 572,913 549,965 549,965 574,915 552,275 552,275 571,320 548,993 548,993 572,110 550,100 550,100 572,110 550,423 550,423 571,300 549,940 549,940 574,493 548,633 548,633 571,568 551,215 551,215 572,595 552,588 552,588 572,588 548,098 548,098 571,545 552,573 552,573 574,295 550,840 550,840 575,665 548,073 548,073 575,655 549,098 549,098 574,265 548,743 548,743 571,495 551,835 551,835 572,173 S48,375 548,375 575,953 548,363 548,363 572,835 551,453 551,453 572,820 547,645 547,645 575,563 551,768 551,768 571,063 548,648 548,648 574,148 548,285 548,285 392,359 388,969 16,457,043 17,238,371 Alternative #3 Reassign 86/89 COP Proceeds for Library Continue to Pay 72 Bonds 86/89 COPS 72 Bonds Total Debt Svc 392,359 388,969 781,328 424,240 386,000 810,240 424,800 387,025 811,825 424,905 388,250 813,155 424,575 394,625 819,200 423,800 423,800 422,570 422,570 425,683 425,683 423,075 423,075 424,780 424,780 425,695 425,695 425,820 425,820 425,155 425, 155 423,700 423,700 426,258 426,258 422,828 422,828 423,410 423,410 422,808 422,808 425,823 425,823 422,455 422,455 422,705 422,705 421,375 421,375 423,268 423,268 423,185 423,185 422,725 422,725 422,000 422,000 424,350 424,350 17,200,373 11,414,344 1,944,869 13,359,213 Present Value of Payments @ 7% 7,073,381 7,1 15,172 6,648,978 Huntington Beach Library . Expansion Project (Certificates of expansion - COPs) Building Costs $8,500,000 Funded : $3,500,000 Unfunded : $5,000,000 Cost vs. Revenues Costs $454,405 Revenues $467,500 v iuwuv A4uvuuu 300000 400000 500000 600000 ATTACHMENT #2 Projected Increased Costs (Annualized) $454,405 COP Annual Increase 42% .... $190,780 Operating Costs 351 $157,956 rsonnel 23% $105,669 Projected Increased Revenues (Annualized) $457,500 Theater 7% Media Services 9% $33,220 $43,000 Parking Meters 11% Room Rentals 10% $52,500 $46,680 Interest 7% $32,000 Com. Enrich Lib. Fee 55% $250,000 Library Services Fund CONSTRUCTION FINANCING DURING CONSTRUCTION LIBRARY EXPANSION PROJECT Expenses During- Construction (6 month increments 12/91 �Z92 12/92 �Z93 12/93 1. Construction Payments 0 $449,267 1,958,984 2,733,725 2,645,181 2. Expenditures to Date $678,000 Total Project Cost 3. Interest on COP Loan 0 0 0 0 104,399 Total $678,000 $449,267 1,958,984 2,733,725 2,749,580 Construction Funding 1. Capital Funds: Expenditures to Date $678,000 Existing Fund Balance 0 (Library Service Fund) Loan From Unused COP Funds 0 2. Use of Library Svcs.Fund Revenue 0 Total $678,000 ExpansionFinancing PgA 6/92 12/92 �/9 3 12/93 $449,267 1,959,984 413,749 0 0 0 2,319,976 2,645,181 0 0 0 104,399 $449,267 1,958,984 2,733,725 2,749,580 ATTACHMENT-0, Total 34,843 $7,822.000 678 000 223,432 327,831 258,275 $9,827,831 6/94 Total $ 678,000 0 2,822,000 34,843 5,000,000 223,432 327,831 258,275 $8,827.831 ATTACHMENT #4. LIBRARY SERVICE FUND REVENUES AND EXPENSES DURING CONSTRUCTION 6 MONTH INCREMENTS LIBRARY EXPANSION PROJECT 1 1 12/93 �Z94 Total Revenues: Community Enrichment Library Fee $ 30,000 Interest Earnings 111,275 Parking 1,200 Total Revenue $142,475 Expenses: Interest Expense on COP Loan $ 0 (See Page 1) Cumulative Balance: $142,475 ExpansionFinancing Pg2 30,000 30,000 30,000 52,000 52,000 $224,000 95,490 24,994 12,480 15,834 15,475 275,548 14200 1,200 1,200 1,200 1,200 7,200 126,690 56,194 43,680 69,034 68,675 $506,748 0 269,165 11 325,359 0 104,399 223,432 369,039 333,674 178,917 $327,831 178 917 ESTIMATED LIBRARY SERVICE FUND REVENUE AND EXPENDITURES POST CONSTRUCTION LIBRARY EXPANSION PROJECT ATTACHMENT #5 (Annualized) Beginning FY 94/95 I. *Revenues Related to Library Expansion 1. Cam. Enrichment Lib. Fee $360,000 2. Interest Earnings(7.58) 40,125 3. Media 43,000 4. Theater 33,000 5. Room Rental 47,000 6. Parking Meter Revenue 52,500 Total Estimated Revenue $575,625 Additional Annual Potential Revenue 7. Book/Gift Store 40,000 S. Fund-raising/Donations 80,000 Total Additional Revenue $120.000 II. Expenses Related to Library Expansion Personnel & Operating $263,625 Increased Debt Service 190,780 Total $454,405 III. Library_Service Fund Reserve Total Estimated Revenue $575,625 Total Expenses - 454,405 Surplus $121,220 Cumulative Balance $178,917 Library Service Fund Reserve $300,137 �a *See Detailed Information On Post Construction Revenue R"rmfon Financing Pg.3 DETAILED INFORMATION ON POST CONSTRUCTION REVENUE 1. Community Enrichment Library Fee (CELF) ATTACHMENT #b This fee was approved to assist the library in meeting the growing demands of library services as a result of development. It is placed into the Library Service Fund and assessed per square foot during building permit application. From 1982 through 1990, the fee ranged from 5C to 10C per square foot and annual revenue fluctuated from $30,000 to over $450,000. Since then, the City Council increased the fee to 15C per square foot. The actual average of these years is $216,378. However, if these amounts were adjusted to the current 15C, per square foot, the average is $436,585 per year (see Chart A). The projected average fees from 1992-2003 is estimated to be $273,000 (see Chart B). The historical/projected revenues from 19B2-2003 reflect an actual average of $247,000 and projected average of $347,000 (see Chart Q . Although there is a current building slowdown, major developments listed below have been projected by the Planning Division to result in approximately 33,500,000 square feet, providing over $5,000,000 in CELF fees over the next 15 years. Although Planning originally projected over 30 million square feet of development, to be conservative, these projections were reduced by 33 percent (see Charts D and E). These charts reflect Planning Divisions original, prior projections compared to the revised, reduced projections. It is important to note, these estimates do not include other developments such as McDonnell Douglas or the routine, normal building, additions, etc. The information below includes Planning's projections with the cts reduced projections of specific development projeonly. COMMUNITY ENRICHMENT LIBRARY FEE (CELF) Increases from Major Development Projects Community Enrichment Commercial/ Libraryy Fee Development Residential Industrial SF Total SF d ..15 Units Avg.SF Total SF 2,650 2,438 6,460,700 7,320,700 $1,098.105 Holly Seacliff 4,400 2,500 11,00G.0AO 860,000 11,860'BAQ $i,779.QAA 2,442 5,372,400 5,397,400 809,610 Bolsa Chica 4-,4" 2,200 19,�44,88A 25,000 lo,:769 FAO 1 15,47v Meadowlark 600 2,000 1,200,000 122,000 1,322,000 198,300 Ascon 600 2,100 1,260,000 0 1,260,000 189,000 Waterfront 639 2,000 1,278,000 1,255,600 2,533,600 390,040 Downtown Core 800 1,800 1,440,000 250,000 1,690,000 253,500 Miscellaneous 1,200 1,800 2,160,000 152,000 2.312,000 Redevelopment _346,80_0 Total 8,931 2,203 19,171,100 21,835,700 $3,275,355 13,123 2,215 29,082,000 2,664,600 -A1� 0 7-6�+ 2 Expansion Financing PS-4 Communi . t nric ment Library Fee Annual Revenue: Historical and Adjusted Thousands $1200 $1000 $800 $600 $400 $200 $ 0 `f- 82 83 84 85 86 87 88 89 90 91 92 —�- Actual Revenue --�-- Real Average ($216,378) Adjusted Revenue Adjusted Average ($436,585) Community Enri Library Fee Projected 1992-2003 Thousands $600 $500 $400 $300 $200 $100 $0 92 93 94 95 96 Total for 1992-2003: $3,275,000 O chment 97 98 99 00 01 02 03 Projected Revenues ------- Average ($272,916) Community Enrichment Library Fee Annual Revenue: Historical and Projected Thousands $1200 $10 0 0 _.._....... _..... _......... _........ .... _........ ._...... _....... ... ....... .... ._........ ___......__..._............... ......... .............. ....... .... _...... __..._...... ........ _ ___......_ $600 $400 $200 $ 0 `V ' 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 --9 Actual Rev. Projected Rev. Adjusted Rev. --- ---- Act.-Proj. Avg. Adj.-Prof. Avg. ($247,217) ($347,311) Major Development Projects and Community Enrichment Library Fee (Revised) Holly Seacliff Bolsa Chica Meadowlark Ascon Waterfront Downtown Core Misc. Redevelopment Total T -.-M 7.3 2 j , T2-,W 5.40 i 1.32 I i 2.53 j 1.69 2.31 1 i I 3�5-9� 21.8 0 10 20 30 40 50 Square Feet (In Millions) Revised Residential ® Revised Corn./Indust. 0 Prior Planning Division Projections CELF : @$.15 156, 390 $3,275,000 $600 $500 $400 $300 $200 $100 $0 E Community Enrichment Library Fee (Revised) Thousands by Fiscal Year • ,, • • �� • • • • LO • / 92 93 94 95 96 97 98 99 00 01 02 03 ® Revised CELF 0 Prior Projections Total for 1991-2003: 7-0-0_ $3,275,000 •2. ,bitterest Earnings All revenues indicated for items 1 - 6 will be placed into the Library Service Fund. Interest earninggs on the cumulative fund balance has been estimated using an assumed interest rate of 7.0% for 1992/93, 7.5% thereafter. 3. Media Revenue Current Projected Increase Videos $21,500 $26,875 $ 5,375 Compact Discs 21,000 26,875 5,875 Computer Stations 6,600 35,750 29,150 Fines 9,000 11,500 2,500 Equipment 1,900 2,000 100 TOTAL $60,000 $103,000 $43,000 The increased circulation and revenue for videos and compact discs is a result of the expanded space for growth of the collection, improved visibility of the Media Department due to relocation to the main entrance and the increase in operation hours per week from 48 to 60 hours (25% increase). Ten additional computer stations will be added to the current three to meet patron demand for personal computers. The computer stations currently net $2,200 each. We anticipate a 25% increase in usage due to the increased visibility and the expanded hours of service. Therefore, it is anticipated that each of the 13 stations will generate $2,750 per unit. One 20 hr. temporary clerk will be added to staff expanded hours and has been included in the personnel cost. Computer stations will cost $2,800 each to purchase and have been capitalized over a three year period. 4. Theater The theater will be primarily used for revenue generating performances and nonprofit meetings. The Huntington Beach Playhouse will occupy the theater one third of the time for 60 performances and the remaining two thirds will be rented out to other performing arts programs, business meetings, seminars, etc. Huntington Beach Playhouse Rent: The Huntington Beach Playhouse is currently paying approximately $8,000 at its present location, Gisler School. The playhouse would agree to an additional $2,000 "rent" to be relocated to the library due to the upgraded facility, parking and the prime location. Ticket Sales: In addition, a city fee of $1.10 (or more) could be charged per ticket. 60 performances x 150 tickets per performance (average). 60 Performances x 150 Tickets per 9,000 Tickets x 1.10 City Fee $ 9,900 Ticket Sales performance (average) Revenue Expansion Minanang Pg.3 other Uses: Twelve similar theaters were surveyed. Based on that information, we have conservatively projected the theater would generate $20,000 per year. Again, the Playhouse will use the theater one third of the time. The other two thirds would be used by other organizations. We projected the revenue to be 2/3 of $20,000 for a total of $13,320. Total Playhouse $19,900 Rent $10,000 Tickets $9,900 Other [Uses 13,320 $33,220 5. Room Rental Current Projected Increase Talbert Room $13.320 $13,320 $ -0- Balboa Room 6,680 6,680 -0- Hew Meeting Rooms A -0- 6,680 6,680 B -0- 6,680 6,680 C -0- 13,320 13,320 D -0- 13,320 13,320 E -0- 6,680 6,680 TOTAL $20,000 $66,680 $46,680 Currently the library has two meeting rooms generating $20,000. The expansion rooms are various sizes and revenue is pro ected based on the uses of the current rooms. Due to lack of convenient parking, and Coking availability, clients have been turned away. The expansion includes five additional rooms with catering facilities and convenient parking. City sponsored organizations are not charged. Twenty hours a week for a temporary clerk have been included under personnel costs for room reservations. 6. Parking Meter Revenue The expansion parking plan allows for 705 parking spaces by eliminating a section of Talbert Avenue between Golden West and Gothard Streets. Additionally, the plan provides for more access to Central Park and outdoor cultural activities. Of the 705 spaces, 100 will be metered at .$25 per hour. The current six library meters net $525 per meter per year. The Parking Meter revenue projected for the post construction period is $52,500 per year. ($525 per meter x 100 meters.) 7. Book and Gift Store The existing Gift and Book Shop is remotely located in the Central Library. It generates approximately $50,000 gross, $25.000 net annually with a square footage of 700 square feet. In the new location it is prominently located near the exit with over 1,250 square feet. With this new location and increased marketing capability, it is expected that the gross would be $75,000 or a net of $40,000. I-xpansion Financing Pg.6 r ,3 %.,I'ionations-* The library has three support groups, in addition to other organizations which raise revenue for the library. Based on the last five years of fund-raising, the following is an annual average of these fund-raising activities: A. Friends of the Libraryy $40,000 Book Sales - $30.000 Programs - $10,000 B. Library Patrons Foundation - $30,000 Concours d'Elegance - $10,000 Valentine "A Taste of Huntington Beach" - $10,000 Donations - $10,000 C. Friends of the Children's Library - $5,000 D. Miscellaneous donations - $5,000 Total Estimated Annual Donations: $80,000 *Excludes special bequests, trusts designated for Expansion Project Building Fund. Expansion Financing Pg.7 .� . 1 y TO- City of Huntington Beach PUBLIC inafne of public entity) ENTITY k3ut)drvision. it apolicabiel P.O. Box 190 street or P O. bos) - Huntington Beach, California 92648 (city) (state) IUpI GENTLEMEN: Central Library Expansion iinsert ioeatiae and general description of public work) Furnish and Install Seating This public work is being performed pursuant to ORIGINAL CONTRACT# entered into between you and Gentosi Bros. , the original or reputed original contractor for such improvement. Pursuant to Section 3185 of the California Civil Code, enclosed is the sum of TWO DOLLARS ($2.00), in the form of a check or money order, to cover the cost of notification of completion or cessation. Please send said notice of completion or cessation to the undersigned. SINCERELY, Sierra School Equipment Compan (nam I 1 (Signature of claimant or agentl Vice -President (title) P.O. Box 80667 (street Or P.O. box) Bakersfield, California 93380-0667 (city, State, zip) DATED: October 5, 1993 Telephone:( 809 399-2993 Contractor's License # 422359 DECLARATION OF SERVICE I, Patrick G_, McDermCtr , declare that I served the above Request for Notice of Completion/Acceptance or Cessation by first class reg?steredlcertified mail, postage prepaid, on the public entity at the above address, on -October 5 119 93 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on _ October 5, 1993 , at` Bakersf ield, , California Signature of person making service: ATTACH RECEIPT OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED V0_P,erc r" Copy. Ca%".r+. cwr VFR, In<- - FORM FF t- CALIFORNIA PRELIMINARY 20-DAY NOTICE (For use on Private Works and Pubbe Works See Civil ode § 3097, 3098 and 3111) FUWH FURMNINO LADOR. 31MVXW BQUWXWr OF MATERIAL Sierra School Equipment Company OtA+� P.O. Box 80667 NDD�1 Bakersfield, California 93380-0667 (Crm (srATM can TO: ownw RznrrLb Ovnim OR FUBLIC AOBKY City of Huntinc ton Beach (KAMM P.O. Box 190 (AWMR Huntington Beach, California_ 92648 (am OTATM RJn Caewnwbw La He_ ff erewy TQ PRAW COW RACIOR OR RBFV= OR O&k="L COMRACTOR l Gentosi Bros. 42 Corporate Park, Suite 200 (ADDPIM Irvine, California 92714 (am OTATQ am TO: COrtfi>< OMON LEWER OR RPYUTBD COMTRUCTIOH LENDER none P(A► M (AVD111M ICT1T) OTAM wn Tdwbmc --ctober 5, 1993 Mai (805) 399-2993 DFlCCRIFTIM OP LABOR. SI:Av".S. BQUWMWT OR MATERIAL BUFFLRiD, OR TO BO SUPPIA 1 Furnish and Install Seating THB ABOVE WAR FURNMIM To- Central Library Expansion WANID 711 T Talbert Avenue— (A0DRRf1) Same (ADOUN OF JOB MIS Irvine, California 92648 As cwi..e. d do wW Frlce of er I.aa, wr*iwl, epjmal w nacrirr fod.e.e or is we rwdW .� f 61,567.00 (Dolt. m wr wr W hwWsbrd W os+wrrtim tsdw . +Yad r Is Oe am w Cow""w) Tr4a iLb tie duct 3"Fkwewl P.O" Bo rwa .re pay"- N/A 0—) War" NOi1(Z TO PSOPMTY OYR(IER Lr bah an m( paid in Win fray dw Wwr, Q.ioeti eqn4wma, or wtrb.k iureYlaed or a be frrebkrd, ■ medlwakh Ilea kedI g to the !eq dr - &JI - - fceedmw pmce dhgM d dl or pwrt d yww per! being R Im j - , d —y be placed esebw dw exapety cm dlntrjh you have paid yaw eontra — le &JIL You may •rich 10 proud yarad[ @*Rho Ibk aoewequeaw by (1) requ4lnL Tar muaemr b furaM a Kgned re14we by the permn or fb= SlAn ytw lhk wa I befert am" paywmr b your, rceltreaI or (2) any odre waI , or devlm Whits k ayprapriaee Under dw dMUMMMOM FROOF OY ERV ICR AMDAV IT (SEC"101T_1.GLJYORNtACIVILCODD Patrick G. McDermott .&M... W r w• d-Vi..<w rea.. FRM.041MARY NOraCa (.area gF c Oma Lawn. W I I BY Fnraeeey "Yef141 eapee Is Saw wa6 We d FMM errw4 . (AAkew a (d..1. r o wr). (a) N by Nei Cker CadW a J4W wd MA wr4m pwwp Mr"W. &Nmmd w a b d ar Fr,dr w aye dd.er anew dove ew October 5, IF 93 1 a.Ln w.1w Frdq d 0*7 (let M fert{ol; to rtw wd awrwL Vpaa Bakersf ield, Qmwvjk a October 5, If 93 tA7TAC11 REMM O►CERUFIIZ OR Ricli VAD &WL W1101 REn" D1 31014ATURR OF Ft R;(111 7BRVIC6 i 1 S1pq,.AS..CH00LEQU1PMENTC0MPANY ,'!PO: BOX 80667 RAKERSFIELD, CALIFORNIA 93380-0667 111TVIRN RECEIPT 11EQUESTED P 430 312- 960 E3Hk-EPSF q.,W0 , 0M zQ tt City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 I toll 11IL11111,1111 I I 11111 III I I Ill 1-11 !Ill Ill %I It U 11 111111 111111 Ill DATE TELE. # ? CASH RECEIPT • CITY OF WNT[NI34TON bEACh , "Iff2000 MAIN STREET 0 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH ISSUING DEPT. _ RECEIVED FROM ADDRESS �, ar,.. < .:,..• ;. �.. ; m d, a ,� p e ', ' "d,,.: a ` .. ®; .a k . a ' - . ; " ".. " �s >' � • ,,. ` :AMOU►JTYRECEfVED " `a°Q CJlSH�•,, �:+` ".a TIiECKe' ' _ °' ". as=, , Q RECEIVED BY FINANCE APPROVAL INITIAL TOTAL $ a?, " AMOUNT RECEIV pr $,00 3292/134 190ct93 001/10 $2.00 RAA70200CK140 CAw 7 0 619 0 CUSTOMER COPY ec- �r� S�tcJ 4t- BUDGET TASK FORCE' by (�u�r-c�Fir�esn�c� TO: Honorable Mayor FROM: Phil Inglee, Chairman & City Council Members Budget Task Forc f y SUBJECT: Library Expansion RCA DATE: October 21, 991�`� Please note that the Budget Task Force will be submitting the following recommendation at your Council meeting tonight. Be it resolved that the Huntington Beach Budget Task Force communicate to the City Council at its next regularly scheduled meeting that, 1. The issue of $10.2 million dollars, and 2. The Issue of a $5 million dollar loan to the library be delayed until such time as the Budget Task Force has the opportunity to review both matters within the Mission of our assignment, but no later than January 6, 1992. PI:PD xc: Budget Task Force WHEN RECORDED MAIL TO: City of Huntington Beach Office of the City Clerk DOC + ' ' •' 94- 56 2 ' i _C��i_ i CiOl, 1 '> m •G —Z Ck3t5 P. 0. Box 190 i ■ TU i J f 4 i s m 1 ,.a i ■ i Huntington Beach, CA 92648 Recorded in Official Records Lee Orange County, California Lee A. Branch, County %• Recorder Page 1 of 1 Fees: Tax::,'J4 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Gentosi Brothers Contractors, 42 Corporate Park, Suite 200, Irvine, CA 92714 who was the company thereon for doing the following I work to -wit: Central Library Expansion Project, CC-740. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Talbert Avenue and Goldenwest Street Nature of Interest: real property OQ That said work was completed 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 January 3, 1994. That upon said contract the Golden Eagle Insurance Company was surety for the bond given by the said company as requireu by law. Dated at Huntington Beach, California, this 19th day of January, 1994. - zm:ez� City Clerk and ex-officio C1 k of the City Council of the ity 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 19th day of January, 1994. This document is solely for the _ official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk and ex-officio erk Sec. 6103 and should be recorded of the City Council of the City free of charge. of Huntington Beach, California 1154K/1488K WHEN RECORDED MAIL TO: City of Huntington Beach THE CR1YTN01 8F TIJ15 DnrLagENT Office of the City Clerk WAS RECORDED ON Oi-FEB--1994"• P . 0. Box 190 DCCU ENl R;;u�° 9,-Cw95y42. Huntington Beach, CA 92648 LEE A. DRANCH< COUNTY RET'ORDER OR ANGGE COUNTY RECORDER'S OFFICE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Gentosi Brothers Contractors, 42 Corporate Park, Suite 200, Irvine, CA 92714 who was the company thereon for doing the following work to -wit: Central Library Expansion Project, CC-740. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Talbert Avenue and Goldenwest Street Nature of Interest: real property That said work was completed 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 January 3, 1994. That upon said contract the Golden Eagle Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 19th day of January, 1994. City Clerk and ex-officio Clok 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 19th day of January, 1994. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. City Clerk and ex-officio erk of the City Council of the City of Huntington Beach, California 1154K/1488K le � 0-0. '7() �y r LAW OFFICE OF WILLIAM A FRANCIS ATTORNEY AT LAW GLENO.LE G.LLLY-. 01-CE TC)nCP 100 wll: 8.0.0-1 s-.,.-c 900 GLENDALE CALIFORNIA 91210 0001 Tr,r►,.o.f i@19A 240 5000 TI LErGPIEa 18181 240 77219 City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Attention: City Manager STOP NOTICE February 28, 1994 CERTIFIED MAIL/R.R.R. PLEASE TAKE NOTICE that ADCO EQUIPMENT, INC., through its agent, WILLIAM A. FRANCIS, hereby makes claim for the sum of $407.00 for the rental of an economy scissor lift to LONG BEACH BUILDERS GLASS, INC., which was used on the job where GENTOSI BROS., INC. is the general contractor and is generally known as 7111 Talbert Avenue, Huntington Beach, California. The above -noted amount is now due and payable and therefore Claimant requests that you withhold funds in the claimed amount from the general contractor of said project. Would you please acknowledge receipt of this letter by stamping the enclosed copy of this STOP NTOTICE and returning it to the undersigned. Under Civil Code Section 3185, you will also find enclosed our check for $2.00 to cover the cost of providing the date the STOP NOTICE period ends. Would you also please provide me with the name of their bonding company, its address and bond number. William A. Francis Agent for Adco Equipment, Inc. City► of Huntington peach STOP NOTICE February 28, 1994 Page Two STATE OF CALIFORNIA ) )SS. COUNTY OF LOS ANGELES ) WILLIAM A. FRANCIS, being duly sworn, deposes and says: 1. I am the agent of ADCO EQUIPMENT, INC., the above -noted Claimant; 2. I have read the foregoing STOP NOTICE and know the contents thereof; 3. I certify that I have been informed and on such information and belief, assert the same to be true as to matters which are therein stated. DATED: February 28, 1994 William A. Francis Agent for Adco Equipment, Inc. Subscribed and worn to before me this day of February, 1994. Notary Public in and for said County and State WAF:bcf cc: Adco Equipment, Inc. Gentosi Brothers, Inc. LAW OFFICE OF WILLIAM A FRANCIS ATTORNEY AT LAW GIENC—E G•LLE*I• U••'CF T', E. 100 Wry, Ft- —C.- o00 GLENDALE CALIFORNIA 9121.0 0001 T,krr..c1.E 18181 2AO'5000 Tf.ECOY.ER 16181 2AO-7-29 February 28, 1994 CERTIFIED MAIL/R.R.R. City of Huntington Beach _c P.O. Box 190 w Huntington Beach, CA 92648 Attention: City Manager STOP NOTICE - PLEASE TAKE NOTICE that ADCO EQUIPMENT, INC., through its agent, WILLIAM A. FRANCIS, hereby makes claim for the sum of $407.00 for the rental of an economy scissor lift to LONG BEACH BUILDERS GLASS, INC., which was used on the job where GENTOSI BROS., INC. is the general contractor and is generally known as 7111 Talbert Avenue, Huntington Beach, California. The above --noted amount is now due and payable and therefore Claimant requests that you withhold funds in the claimed amount from the general contractor of said project. Would you please acknowledge receipt of this letter by stamping the enclosed copy of this STOP NOTICE and returning it to the undersigned. Under Civil Code Section 3185, you will also find enclosed our check for $2.00 to cover the cost of providing the date the STOP NOTICE period ends. Would you also please provide me with the name of their bonding company, its address and bond number. William A. Francis Agent for Adco Equipment, Inc. City of Huntington Beach STOP NOTICE February 28, 1994 Page Two STATE OF CALIFORNIA COUNTY OF LOS ANGELES WILLIAM A. FRANCIS, being duly sworn, deposes and says: 1. I am the agent of ADCO EQUIPMENT, INC., the above -noted Claimant; 2. I have read the foregoing STOP NOTICE and know the contents thereof; 3. I certify that I have been informed and on such information and belief, assert the same to be true as to matters which are therein stated. DATED: February 28, 1994 William A. Francis Agent for Adco Equipment, Inc. Subscribed and worn to before me this/ U day of February, 1994. Notary Public in'and for said County and State WAF:bcf cc: Adco Equipment, Inc. Gentosi. Brothers, Inc. MONTGOMERY WATSON 0126.0130/3.1.4 March 23, 1994 r. r APR r! 'Qq Gentosi Brothers, Inc. i 42 Corporate Park, Suite 200 Irvine, CA 92714 Attention: Mr. Kris Thordarson Letter No. CMC-168 Subject: Central Library Expansion Stop Notices Gentlemen: According to the City records, the following subcontractors or suppliers have filed "stop notices" against the Central Library Expansion Project. Please be advised that sufficient funds will be withheld from your retention until the City receives a full release or an approximate bond for the "stop notice" amount. 5ubcontractor/Supylier Spur Construction Inc. Thompson Door and Frame, Inc. I Adco Equipment, Inc. Tolco, Incorporated Mac Hi -Reach AmoUnJ of Notice 15,586.00 727.00 407.00 13,107.98 2,026.59 Should you have any questions or concerns regarding this list or appropriate action to clear these items, please contact Don Noble, at (714) 375-5624, or myself at (714) 536-5672. SCD/ac Attachments (5) cc: O. Abdel-Aal, MW (w/o attachments) D. R. Noble, HBPWD (w/o attachments) R. L, Hayden, HBPL (w/o attachments) R. E. Eichblatt, HB City Engineer (w/o attachments; C. Brockway, HB City Clerk (w/attachments) W. Lee, HB Accounting Officer (w/o attachments) File 126.0130.3.1.2 301 Norh Lj'ke averue Tel 918 1569141 su :e 600 Fax. 81d 568 6101 Pasadena, Cahlprnia 91101 Very truly yours, Steven C. Davis Construction Manager Ser�,np fhe Wor!D'S NeedS J i�ill- STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) TO: City of Huntington Beach pniect Huntington Beach Library P.O. Box 190 7111 Talbert Avenue M&m Isew.. W-a-4 -iiM ssfi_vwr stlvay H ntin ton Beach Ca 92648 Huntington Beach, CA 92648 TAKFNOTICETKAT Spur Construction Lnc. Nsie+ a n erw r x. m..ry M sy rra IYrua iseurs .ew w rat M. rw +ccwxv s are, a nrwl whose address a 1950 Compton Ave., Ste. #112, Corona, CA 91719 has performed iabar and furnished materuls for a work of mproremenl described as follows Huntington Beach Library 7111 Tg1bert Avenue, Huntington Beach, CA 92648 The lamr and ma�errus lurnj5W try claanant are of 11re lomo*mg general rind. Concrete walls. curbs , —slabs , and footings. —. — — � w. r im ✓-en rrra.. v wrsnr �.wr.� r .w.0 • a rwir.. w rywi The 13W and malertaLS were lurraShed 10 or for Lm Idlown9 party Gentos i Bros., Inc. and .TM MontaomerY. l.rr a A.n w raw A .ai. r +w.vs+ TaW valas or Inc whole amount of Hoar aria matenals agreed ra be lurmsneo .s S 505,535.00 The value or the labor and intends !UMi5ned 1Q dale rs: .. .. S 521, 121.0 0 Claimant nas tleen paid the sum of __ ___ _ - S 454,982.00 _ Retention: 50,553.00 arjUvre`due. okr.,aridlre5'_gOf rhanr,P or deYS: ... .... S _ 15,586.00 - YOU are requmed to Set as',de Stifftient funds 10 SalrSfy WS C;airn wan !nt!resl. Court COS1S and reaWable Ca515 01 hngaUon. a5 prCvlcea ay law Vj ase also notified deal claimant clam an eyur!aole Len agamt arty construction ftlla5 Ior Un5 prolecl which are rn yaUr W45 FiRm NAME. SI]ur Construction Inc. F11A r a a, ii1,hK1 — - By ro... r,rr. r mm wi ...., +�.� VERIFICATION I-b+eundersrgled.say IamU1e_PrQsid9nt Of Sour Connrr}Ltion Inc.' tws{CR tl' 3"m tl'-Orr.1--"Y-.mI Ulf cla"M maned in Ore loregang Slog Nonce. I have read sad Stop Notice and know the contenis Uiereaf. Ore same is true o1 my own knowledge - I dectare under penatry of perprry under the laws of ble State of CaufofnW that '.he loregmg Is true and MIV.L Executed on barCh 2. T. 19 2A--, at IDM M mm. .w ip rP. r A,4MY �9'I fwY.�.F �r.rU tl to rnYc. •s .M California. REQUEST FOR A0710E OF ELECTION (Prlrate 1NoV3 Only) jPer Ca ofw CA Code Secbon -1159. 3161. or 3162) It an etecban is made not to wdflhdd hinds pursuant 10 ft stop malice by reason of a paymem bW navng been recorded in accUdanCe wltrl Secbm 3235 or 3162. pruss send rlpGca of suds ektabrt and a copy of Cte boind wrlfun 30 days of surer dectan in pre enclosed preaddressea slamoed emetope_ This nformaWn nest be pronded by you trader Curl Code Secaorls 3159. 3161. or 3162_ Signed ttrr.■. aw..p...r ...raw Irs....-.p.+ See reverse side for addruwrar ruormawn- w0.C.rt5 MO ps,STP MGTKr -Ir. , n W- rats A ar.., M M 4Ml � i M. a r.at w+ —011— C%Wgn 11 ' elm OvLcor?l se f� Clrtl, iw.r Or A r� f iwis i. Tr. anw. w yr s.xaas I.r.s w'.Ppl..q. tl wine mom 0 we" uAsa x n raid Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO �r--� OF 4rhrT`Y,—)`L RF.l+��'T` - DO-] -JQA%F r\wnr r f( rite......-- 1 ceder-!'uPLr rrr..r. r fy—,, 1137 071- An - `': :1'J'l:'I1tf 0!1 .F CIC, C k 92647 r i ddrr,+r (If Pri'are Job - file uith responsible officer or (arson at office or branch of Construciion lender administering the con,irucnon funds or %iih the ossner - CIVIL CODE SECTIONS 3156 - 3t75) tl( Public Sub - lile +.i[h office o1 Controller. auditor• or other public dishursing off[Cer whose dues it n to Snake I p;a.mrnrs under provjsions or the Contract - CIVIL CODE SECTIONS 3179 • 321-4) I Pr[mc Contractor Ir Sub ConiraLtor (If Am') II Ossncr or Publie Body: CYT'= OF `iLJi+iP N(M)M MACH Inipro,cmeni kno,ii as CJ.1.WT+ LIf3fiA Y F]QS GiOTJ I \✓.. ,:r1 Yllrtn'1} .,J rnrm r ,r .r. � rr r , . n . �!1 � �Iii :r1irA`; w '+'• =1F: riT`;^ •::^.rY1 l :+r' Ci. ,n the City of APIrINIS '.1 Fi-;,Cr; County of Lk_ :f'C . State of California :OWSON 7Claimant. a OilP S FRAIE, I:7C. CO!2P0?l;.'_0;1 i . „:YrgrYAr! r !rrfo.urrnn Aurne15RrF -Oar ?rnp•:rrpra r: rl furnished Certain labor, service, equipment or materials used in the above described uork of impro\emeni The name of the person or company bs uhont claimant %as cmeloyed or to whom claimant furnished labor. Al scr%icc. equipment. or materials is On -us? B'r= C0;•..'sC1)P r %,—i- Yf r.:. Cpnrhq ru• — rpr.rl The kind of iabor. %Cr.i•.c, Cqu[pmcm. or matcrials fu;n:5hdd Or aereed to be furnisheJ by claimant -a5 aOCifZrG f tr�'1v; rVZ LUTAN ilR:: t Total satuc Of lahor. sir+[cc. Cgmpmenr. or rrtarcr[als aerced to be furnished .- ... S ' 03_ l 01.- 00 — Total satire of J]hor. icrsrie. equipmeni. or marerrals �C!ua!1v furnr,hcd re -- _ -- $ 1-ice Crcdi! for rnascrials rc.urncd. if an% t- 1.:12,3.?1.00 4 An,ou[st paid on accoun[, if an; ._ ...-... S -- ?.mount due after dcduCung all lust credits and oftsc!s .-- -._-- .-- S NOU ARE Ill RIAS1 NOTIFIED to %ithhold sutficicni monies hc!d ny ;ou on the abo,edcsc;ihed pro;cc[ ? to 5ansfe cla,mant's demand in (he amount of S -V3 Oft� and in add,rlon tt:erc[o Sun[S sufficirnr to Covcr in[cren[. Court Costs and reasonable Costs of ;n[¢3tion, as pros,dcd b; la;s A bo-id WIN 11, CODE SECTION 3083) Ts attached (Bond requ[rCd ;+it!t S[op I NO[ieC Scr;ed on son%truction.s lender on pri.ate lobs —bond not required on pulhc lobs or on Stop Notice scr;cd on o++rtcr on ori+ate jobs) - Date - F�Rxttag`� 28. 1994 Name of Claimant b rr AIR, IX. t rf v.n \Y.nr7 711 E, 5t)l7Cq ri:REST itrcrirnr aalrrssr Ct 92803 TT�rRn:rl:rT1 rV;Y,ar crracr=r VERIFICATION I 1, the undersigned, stare- I am the =" fJ iern• M'. rrSr,rMr n .. -a 1,rrlMr o err, .!�: Crr: the claimant named in the foregoing $cop tiotire; have read said claim of Stop .Notice and know Me contents thereof, and I certify that the Same is true of my own knowledge- 1 Certify (0-7 dr:.arc) ::ndc: penaE7; or r+--ry -,rider the laws or the State of California that the foregoing is true and correct - Executed on - Fr RVA.RY '28- _ 1 =14 at 1NAJM State of - - iE! i C j -;,SA .`iF� �=C�ia i'r ('vnrsJn s•e. yl5�rk�� +Srnr/ REQUEST FOR NOTICE OF ELECTION ! (Private works Only) !I Iran election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162. please send notice of such election and a copy of the bond Within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3 61 or 3162. Signed: `-VeAA l T _ 1&ww rkif addrrsud rid -Ord ee.erooe/ LAW OFFICE OF f WILLIAM A_ FRANCIS ATTORNEY AT LAW GLE..OALC GALLC*.. 01•.CE T3..C• 100 WCtsr Bno,O—r $u--C 400 GLENDALE CALIRC}RNIA 91110.0001 rs.sp.c.s 1818) 240-3000 TELEC0.1E• 18181 240.7728 February 28, 1994 CERTIFIED MAIL/R.R.R. City of Huntington Beach c P.O. Box 190 r Huntington Beach, CA 92648 � Attention: City Manager = STOP NOTICv = PLEASE TARE NOTICE that ADCO EQUIPMENT, INC., through its agent, WILLIAM A. FRA"NCIS, hereby makes claim for the su:'. of S407.00 for the rental of a. economy scissor lift to LONG BEACH BUILDERS GLASS, INC., which was used on the job where GENTOSI BROS., INC. is the general contractor and is generally known as 7111 Talbert Avenue, Huntington Beach, California. The above -noted amount is now due and payable and therefore Claimant requests that you withhold funds in the claimed amount from the general contractor of said project. Would you please acknowledge receipt of this letter by stamping the enclosed copy of this STOP NOTICE and returning it to the undersigned. Under Civil Code Section 3185, you will also :Find enclosed our check for $2.00 to cove*- the cost of providing the date the STOP NOTICE period ends. Would you also please provide me with the name of their bonding company, its address and bond number. V� �� William A. Francis Agent for Adco Equipment, Inc. N City of Huntington Beach STOP NOTICE February 28, 1994 Page Two STATE OF CALIFORNIA COUNTY OF LOS ANGELES WILLIAM A. FRANCIS, being duly sworn, deposes and says: 1. I are the agent of ADCO EQUIPMENT, INC., the above -noted Claimant; 2. - I have read the foregoing STOP NOTICE and- know the contents thereof; 3. I certify that I have been informed and on such information and belief, assert the same to be true as to matters which are therein stated. DATED: February 28, 1994 e�_ William A. Francis Agent for Adco Equipment, Inc. Subscribed and worn to before me this Z_ day of February, 1994. s Notary Public in 'and for said County and State WAF :'a- c f cc: Ad.co Equipment, Inc. Gentosi Brothers, Inc. rN L, CITY OF HUNTINGTON BEACH 2000 MAIN STREET P.O. 80X 190 CAUFORMA 92648 Louis F. Sandoval Director February 19, 1993 Eric Carmen Gentosi Brothers 4 orporate Park, Suite 200 Irvine, CA 92714 Subject: Central Library Exparsion Project; CC-740 Dear Mr. Carmen: Public Works Department (714) 536-5431 Tolco, Incorporated, dba Top Fab, has filed a valid "Stop Notice" in the amount of $13,107.98. This Stop Notice must be resolved prior to the release of final retention funds. Should you have any questions or concerns regarding this matter, please telephone me at (714) 536-5441. Very truly yours, D Don Noble Contract Administrator D RN:gd cc: Robert Eichblatt, City Engineer Connie Brockway, City Clerk Wayne Lee, Accounting Officer Steve Davis, James M. Montgomery File CC-740 "General Correspondence" 3394g115 CITY OF HU GTON BEACH -`Y R -QUEST FOR y AL SERVICES RLS Na. Jj Gall Hutton, Ci Attorney Assn To ` Dace Date Req t mad7 Oy Tele hone artment INSTRUCTION File request in the Citv Attorney's C?fnce. Outline reasons for this request and state ' facts necess For City Attorney to res ond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: [ ] Ordinance { } Opinion' Stop Nodce { } Resolution' { } Leans [ } Bond [) Meeting (} Eontiact/Agreament [ ] Deed [ } Court Appearan e� . _ _..•f Insurance [ j pate; Is Request for Preparation of Contract fora. attached? [ ) Yes [) to Are exhibits attached? ( 1 Yes f ' No (If for Council action, if not for Council action, Signature of Department dead Ngenda deadline desire tom letion date � !! I Council Meeting _L` - ;_ COMMENTS: Routing: PDA i • _ JCB AJF .kDL I WBS ��r 1 RCS WSA This Request for Legal Sen ices has been assigned to attorney ART c 0 l.1 E R 10 / 13 / 9 2 telephone extension . His/her secretary is Karen extension 8803 Keep the goldenrod coPy for your files. Please reference the above RLS number for inquiries_ Notes I Filename Date completed: WP No. RCS 2.,28/92 Rev. STOP NOTICE NOTICE TO WITHHOLD CONSTRUCTION FUNDS r (Public or Private Work) (Per California Civil Code Section 3103) To: CITY OF HUNTINGTON BEACH (wpm or a.rer- "bc aoay or ConsiftPa s grid row) 2000 MAIN STREET Project: HUNTINGTON BEACH LIBRARY {Naar) 7111 TALBERT STREET (Address It deeCieO:a a Ua a Brings arw wan Assn -M addreSl of warw4 •-30" Wti [Awrtssl HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA (GY slat and bw tcq salt and rnl TAKE NOTICE THAT DON H. MAHAFFEY DRILLING 2,6MPANY )Name al me MSCA Of Irm CISST g I* SILO IV�Ct LICMSM CONOC'ars MrS4 use Int nar+e •--CVV wrecrl ConllaCld S dC"Se rS rSSueO) whose address is 1210 WEST 190TH STREET, TORRANCE, CA 90502 (Address 01 W-SCA Of Irm tliawlg SAP 10KtI has performed labor and furnished materials for a work of improvement described as loltows: EMERGENCY SHORING HUNTINGTON BEACH LIBRARY_ 7111 TALBERT ST. , HUNTINGTON BEACH, CA. — — (Hams and rocaan of ne prarr_1 sere . __rt or maitrL s "re Vps'wrl The labor and materials furnished by claimant are of the following general kind _ LABOR, _ EQUIPMENT, MATERIAL, AND ENGINEERED DRAWINGS FOR EMERGENCY SHORING WORK. IKeg d IWO St(WtS ?ruVmfrt C1 maIMJIs V.�V*d or )Vied w:t fw, VW ry Currglr) The fabor and materials were furnished to or for the foflowing parrs AMERICAN CONCRETE CUTTING, INC. 620 POINSETTIA—SANTA ANA, CA 92701 M&Me 21 7W Carry wnC Vde:ed Ire Mors'i MJ:er'a:S1 Total value of the whole amount of labor and materials agreed to be turnlshed is $ 4, 17 8. 35 The value of the labor and materials furnished to date s. -... ... . ... - ... $ 4 , 17 8 . 3 5 Claimant has been paid the sum of- ._ --- - - -- - - -- -- $ — 0 — and there is due. owing and unpaid the sum of. --.- -•---- ---- -----------.-..------- ....-... S 7 5 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable toss of litigation_ 3s provided by law You are also notified that claimant claims an equitabfe lien against any construction funds for this project which are in your hands- AP l FIRM N E. DONA/..N6HAFFEY DRILLING COMPANY ;f I. �� By : By ai D 8 r' ill (; " it ,� t O T Tt A (Oww or awl o1 two err a . t Ien d .ryrrr Dori) VERIFICATION 1, the undersigned, say, 1 am the �� PRESIDENT OF " ("Vresrc" or-. -A partner oi' -oarier of -Agar of, rf F the claimant named In the foregoing Slop Notice: 1 have read said Stop Notice nd know Me contents thereof, the same is true of my own knowledge. 1 declare under penalty of perjury under the laws of the Stale of California the foregoing i ue d correct Executed on _ AP R I L 10 , ig 9 2 a OR C Caf+tornia. out inn aocmat :n sglwlt} I .ap rlaxe eo) A . ZUTN ale w4n •.,r",s or two PUBLIC WORKS PRELIMINARY BOND NOTICE TO- (Public Agency) CITY OF HUNTINGTON BEACH (Address) 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 TO- (PnmeContraccor) GENTOSI BROTHERS (Address) 42 CORPORATED PAR.'S-STE 200 IRVINE, CA 92714: TO (BcndingCofnpwy) AMERICAN BONDING COM?AN.-y (Address) 6245 EAST BROADWAY TUCSO` , AZ 857 L 1 NOTICE IS HEREBY G:V :a, ;.tat tine undersgnee ctaima..,it has rwm been ,Pa,d in cull• a,*id intends to enforce his;her nghts under ;tie PUBLIC WORKS SOND L- The hinds of tabor, services, equipment• or materials tumished are: LABOR, EQUIP`tEN , uAT-RIAL AND ENGINEERED DRAG: INGS FOR EMERGENCY SHOR=`G '-'ORK. FOR JOB DESCA:SED AS AND LOCATiON: EMERGENCY SHORING -?-I NTINGi0N BEACH LIBRARY 7 L L 1 TALBERT ST_ . 2 Tr.e name at tre party fcr wror-i the :aoor. services, equipment or ma'erials were funis,".ed us-?`:ERT CA: CONCRETE CLTTING, I:�C. 620 ?OIti:'SE:TIA, SA"TA ANA, CA 927,101 3 The amount :r. va!ue of we labor. seances. equiprnert or material tumshe-d was: Payments, rreCis and cruets are Ba!ance unpaid and arnoun: of claim S_ 4,178.35 S -0- 5 4,L8.35 4 The Cate on wt:Hcft Cte last o: the tabor, services, equipment or rnatenafs was turnishec .ras: 3 ! 13 19 2 ZM� LAFFEiC DRILLING COMPANY (k � of r—i 12!iQ wES7 190t`' S_TR=Z fsP-1 d r+ o e¢, - Tnnn,%r/' nA nncn•i Contractor's License ,r 139513 Dare: - 6 / 2 5 /9 2 _ -- APPROVED AS TO ?G E A : GAIN In -'TON CITY a1TTOK'-t 'Y By: h(AIL BY RECfSTERED OR CERTIFIED MAIL— *TrH RETURN RECFJPT REQU FC7aai�lt7 City t�'- NOTE: The Nouce must be Fled vAUun 90 days tray+ the Iasi "y on wt ch Vw Cavnare turnahed labor. nuteruas, equgxr%h n or services rof wnech the ¢'arm is made- ADDITIONAL INFORMATION (l f on a pubic r)b. l;r a Stop notice w:h the Conti^.lief. auditor. Or other pubic disburS!ng officer whose duly d is to matte payments under the prime contixct. or -"h ca rn iSsionerS. managers. trusters. o.Iicas. board ct wpervaors. board of trustees Cnnl Cc& §§3179-32fa f2I 0n a prwa;e too. lilt a s;Co nahce with responsible officer ar ,erson at office or branch of CCrstrwhon ;ender adrntnis:ratrng lands or voth owner Cm Casa 3§3156.3175 (3) A Stop riptice is gvcc1 ]nry fo�IOwFrg ire it" of a preLarunary notice 20 days a•,er the Claimant first lurniS.heS work or materials to the ;Ob sde- RuleS an pr?lurAnary rove for pu0c and prrrata wofk vary. SO consull an alfdrney it ycu are uncerfan Thal you have Comphed wkh the nptfce m uvemeets (a) A rpcC tot 01.0 and m± apa"ter times trie amorim of tf:e S;pp notice Claim must aCCompary a stop notice seryeC On a cDnS;ruct:on fencer or. piwale ;ob5— a brad is non educed On put*C ,_US of on a Stop notice served on an owrwt ;a piwate lobs . [ n. _1• � 1O : w l-t] [ r r� 1 fiRM . COHTF -�- � k-' ` - � " jui- 9-92 THE 8; 43 I. -AHER I — N DEW/CONCRETE FAN NO. 714r ' -( FA4 P. 02 AMERICAN BONDING COMPANY BOND NO. $ 142141 PREMIUM t,3100.00 -_ BOND TO RELEASE MONEY WITHELD ON STOP NOTICE KNOW ALL MEN BY THES$ PRESENTS, That we, AMERICAN DEMOLITION, INC. of Sfi�7A CA California, herinafter call principal, as Principal, and American Bonding Company a Corporation organized under the laws of the State of Nebraska and duly aoathorized to transact business in the State of California, herinafter called Surety, as Surety are held and firmly bound unto _ CITY OF HUNTINGTON BEACH and any authority, or authorities, board or boards, officer or officers having control or distribution of money cue, or become due under the contract, hereinafter called obliged, in the sum of SIX THOUSAND TWO HUNDRED SIXTY EIGHT DOLLARS AND 40/1OO'3 ollars ($ 6,268.00 y lawful money of the United States of America, for the payment of which sum, wall and truly be made, the said Principal and burety shall bind themselves, their heirs, executors, adorn istratoze, successors and saigns, jointly and several-' firmly by these presents. THE CONDITION OF TRB ASOVy OBLIGATION IS SUCH, that WHEREAS, the said Frincipal was awarded and entered into a written contract, dated on or about MAACii 4. 1992 _ with the obligee, for C ':RAL LIBRARY EXP 0 SION and WHEREAS, a certain stop -notice has been filed against payiaents which are cue the said Principal in connection with said contract/ ill the amount of YOU3 THOUSA.vD ONE RUNDRFD SEVF-NTY EICHT DOLLARS AS'D 35/100-S BY D05 H. HARAFFELY DR.LL!`1f COMI'A.*rY AND WHEREAS, the said Principal disputes the correctness or validity or enforceability of the stop notics so filed, and desires that the funds now dun him under the provisions of said contract shall be delivered to him notwithstanding said atop notice. NOW TNEREFORS, if the above named Principal shall pay any sum which the stop notice claimant May recover on the claim together with his costs of salt ct aetioin, if he reoovers therein, not exceeding the penal sum of [this bond, then this obligation shall be void, otherwise it ahall remain in force and effect. THIS BOND IS GIVEN AND ACCEPTED under and in accordance with the provisions Of Section 3196 of the Civil Code of the State of California. Signed, Sealed and Dated this 2\'D day of UNE 1992 AMERICAN DEMOLITION. INC. �Y�OVe.D AS T8 gORYz BY GAIL VTTOH AH* ICAN B COMPANY CIT By:ty ty ►ttorner tt DOp A. RUIZ, ORNEY IN FACT auK: Id-U t Ut tl : 4b 10 DEMO/CONCKL I r FAX NU, r AMr;RICAN BONDING COMPAN, TUCSON. ARiZONA A STOCK COh1PA.NY POWER OF ATTORNEY N2 142141 A MERICAN BONDING COMPANY, s Nebraaka Corporation, haying its administration Office iu the city of Tucson. State of AriZona, does hereby make, constitute and appoint as Attorney (S)Art-fart, with fall Rower and authority hereby conferred to execute and deliver and affix the seal of the corporation thereto, if a seal is required, for and on its behalf as Surety and as its act and deed, all of the following classes of documents, to wit: any and all bonds and undertakinga, recogttixances, contracts of indemnity and other writings obligatory In the nature theroos, which arc or may be allowed. required or permitted by law, statute, ruts, regulation, contract or otherwise, for any single vbligstiort, regardless of the number of instruments issue:! for the obligation. A,MERJCAN. BONDING COMPAN.-Y furthercertlfies that the following is a true and exact copy of Article VIf 5ec:icr. 3. of the Dy-Laws of AMERICA N BONDING COMP.AN'Y duly adopted and now in force. to wit: SECTION 3. All bonds, ucdertak;ngs, recognUsinces or other written obligations of the corporation shall be executed in the name of the corporation by the prtf;ideat, any vice-president, secretary, any a3sistan:-secretary ur the treasurer, or by such other persons as may from time to tfrae be proptrly authorized. Ths president. any vice-president, the szcretd:y, aliy assistant-secrttary or the treasurer may appoint or ramove trside:tt vice- presidents, resident assistant -secretaries, attorntys in fact, agents or other persons who shaU have authority to issue and deliver bonds, underiakirigs, recognizances or ether written obligations in the nanit of the corporation. The corporate Baal is not nccrssary for tht validity of any bonds. undartaking3. or other vbligarions of the eorporatiozy. The signature of any authorized officer and the seal of the corporation may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any borid, or undt:taking of the corporation; and sucbt signature and seal whoa so used !hall have the same force and effect u though manually affixed. IN W(VNESS WHEREOF, Ai41=RICA!r BONDING CO-MPANY has caused these presents to be executed by its duly authorized officer and its corporate seal affixed, this lit day of April 1991 No/ Preeiden t y STATE Of ARIZONA COUNTY OF PINIA On this isc day of April 1991 , befort me a :Votary Public, personalty appeared the above -named officer of AMERICAN BONDING COMPANY. a corporation: known to the to be the person and officer who executed the above Power of Attorney on behalf of the corporation and acknowledges the corporation and acknowledges the corporation votuntarily executed the sarne. F s arinCIAL Slut. Notary Public [0::IDDANTEL S. VAN KIRK ar,t�ttt atnut: • t�ttXotrA «nmtsslorr lhrpirss Jest 3 �. figs CERTIFICATION I, the undersigned, certifythat I am the Secretary ofAMERICAN BONDING COMPANY, a Nebraska Corporation, and that the attached Power of Attorney remaim in full force and effect and tins not been revoked; and furthermore that Article VII Section 3, of the Ay -Laws of said cvtnpeay as set forth its said Power of Attomey. are now in full force ard-ffect• iN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the sold Company this Znd day of _ June . 1992 -- . Secretar y x, Q: �� Ln Ln v rn N II ILL -PURPOSE ACKNOWLEDGMENT State of-" CALI MRNIA County of RIVERSIDE On 06102192 before me,_ TIERESA I. BM DATE HAUE.7]TLE aF (*TT t=A - E.C}, %ME DC*, NOTARY PUBLIC' personally appeared JOHN A. RUIZ NAWIS) OF ffiG 4c-flp ' ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knawledcged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), TH ER ESA 1. 80K or the entity upon behalf of which the person(s) r � -' !• COMNI &95925r, n acted, executed the instrument. c/t . :;'"0 0 a � ��- NOTARYIR� uM R V) Witness my hand and official seal. U My Comm, Expirrts March a„ ISO8-, SW%NASlA1E OF NOTARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) ❑ CORPORATE OFT-ICER(S) 17RE(SI ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NA K OF PERSWSj 013 EWT1rYIfs) ATTENTION NOTARY. Ahhour)h the information requested Wow is 0"ONAL• it eodd prevent framMent attadvnent of this certificate to urkmM wized doournant. THIS CERTIFICATE Tale or "Type of Document _ MUST BE ATTACHED Number of Pages Date of Document TO Tf 1E DOCUMENT - DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 0 1yf9l NA flONA1. NOTARY ASSOCIA110H - 8235 Rwnrr** ve. • P.O. Box 71a4 - Qw"a Parts, CA 91304.711 7 , .^ �'+'-ry—' _�r.• wr{ bra `!?; ; 7 we ��_. ' AM'" "tCAN BONDING COMPAN`" NS 14214i r f TUCSON, ARIZONA A STOCK COMPANY POWER OF ATTORNEY A MERICAN BONDING COMPANY, %Nebraska Corporation, having Its administration office in the city of Tucson, State of Arizona, does hereby make, constitute and appoint as Attorney (s)-in-fact, with full power and authority hereby conferred to execute 1 E and deliver and affix the coal of the corporation thereto, tf a real is required, for and on its behalf as Surety and as its act and deed, %1; of the following classes of documonts, to wit: any and all bonds and undertakings, recogrtizances, contracts of indemnity and other writings obligatory in the natur: thereof, which art or ruay be allowed, required or permitted by law, statutc, rule, regulation, contract or otherwise, for any single obligation, regardless of the number of instruments issued for the obligation. AM'BRICAN SON DING CQMPAI Y further eertifiey that the following is a true and exact copy of Ar-.icte V II Section 3. of the By -Laws of AMERICAN BOINDING COMPANY duly adopted and now in force, to wit: SECTION 3. All bonds, undertakings, recognitaricos or other writs= obligations of the ccrporation shall be executed in the narn.e of the corporation by the presideat, any vice-president, secretary, any assistant -secretary or the treasurer, or by such other persons ai ,may from rime to time be property authorized. The president, any vice-presideat, the secretary, any asctstsrzr-secretary or the treasurer may appoint or remove resident vice- presidents, resident a;sisrant-secrttaxies, attorneys in feet, agents or other persons who sbalr have authority to imue and deliver bonds, underukIngs, recognizances or other written obligations in the name of the corporation. The corporate seal Is not necessary for the validity of any bonds, undertakings, or other obligations of the corporation. The signature of ally authorized officer and the seal of the corporation may be affixed by facsimile to any power of attorney or certification the eof authorizing the execution and delivery of any bond, or undertaking of the corporation; and such signature and seal when so used shall have the same force and _ffect as though manually affixed. IN WITNESS WHEREOF, AMERICAN BONDItiG COMPANY has caused these presents to be executed by its duly authorized officer and its corporate seal axed, this 15t day of April , 1991 1�28 f 1'4 President EA L rf sa STATE OP ARIZONA �rtr�s•` Cdt,NTY OF PIMA On this 1st day of A ell 1991 , befora me a Notary Public, personally appeared the abovc-named offices of ANI RiCAN BONDING COMPANY, a corporation, known to the to be the person and officer who executed the abovc Power of Attorney on behalf of the corporation and acknowledges the corporation and aeknowledgcs the corporation voluntarily executed the same. QFVCtAL SEAL Notary public DANML l3. VAN KIRK NOTARY PUSL1C - "J2014A � Contrtuasbn Wires Tart 3t, t 09d CERTIFICATION I, the underaigned, certify that I am the Secretary of AMERICAN BONDING COMPANY, a Nebraska Corporation, and chat the actwhed Power of Attorney romaina in full force and effect and bas not been revoked; and furthermore that Article VII Section 3. of the Dy�Laws of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said Company this 2rtd day of Igne Secretary �r2'd+ Q Z •rjni SL40_0FJ'd1N(O SOE+H ISWG:1E) ZS:OT 25i72�i90 m CD x <; W ' io a ALLo PURPOSE ACKNOWLEDGMENT State of CALIFORNIA pounty of RrVMSIDE On 06102/ 92 before me, T 1ERESA I. K K - - - I]A TE NAME, TITLE OF OFFICER - E G • 'AWE DOE, NOTARY PUBLIC - personally appeared KIM A. RUIZ NAAIE(S)OF SIGtIE-i(s) TM � ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrumert and ac- knowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hislherAheir signature(s) on the instrument the person(s), TRESA 1. 8CK or the entity upon behatfofwhichthe person(s) Y• COMM. i 9�9255 acted, executed the ins-tniment. .4 WTMY PUBLIC • MFtlfl;k A X Witness rn hand and official seal. U ,� FUVERSIOE C00TY to Y NV COMM, Explr"Mfatch as& 1Qu SI(`iAIAfURE OF NOWAHY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) - 1. qs) ❑ PARTNERS) Q ATTORNEY- IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIANICONSERVATOR t7 OTHERi SIGNER IS REPRESENTING: NAME OF PEriS S) OR ENTTTY(IES) AT-TF3+rMN NOTARY; Although the information raquWod below is OPTIONAL.. sil coutd prevent fraudulent attactwncnt of ft certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO TFIE DOCUMENTNumber of Pages Date of Document T F DESCRIBED AT RIGHT: Signer(s) Other Than Named Above m 4? 1991 NATIONAL NOTARY ASSMIAIX-M - 0236 iksmwel Aw. • Y.U. Iksc 7184 - Ca"a Pa". CA 91304-71 B4 cn t t PREREQUISITE STOP NOTICE (PUBLIC WORKS) TO: CITY OF HUNTINGTON BEACH P.O. Box 190 Huntington Beach, CA 92648 GENTOSI BROS. 42 Corporate, Suite 200 Irvine, CA 92714 YOU ARE HEREBY NOTIFIED that the undersigned Claimant, Tolco Incorporated, dba Top Fab, furnished services and materials including the fabricated pipe and hangars to that certain work of improvement pursuant to a contract made between the City of Huntington Beach and Gentosi Bros. for that certain work of im- provement identified as Huntington Beach Library Expansion located at 7111 Talbert avenue, Huntington Beach, California. Claimant furnished the services and materials at the request of South Coast Fire Protection located at 15405 Redhill Avenue, Suite E, Tustin, California. That the contract price of said services and materials was the sum of $13,107.98, and claimant has provided all of the materials pursuant to said contract with the reasonable value of $13,107.98. Claimant has not been paid for the aforementioned materials and the sum of $13,107.98 is now due and owing. Claimant has completed and provided all services and materials requested. WHEREFORE, the undersigned claims the benefit of the law given to laborers, materialmen and others under and by virtue of the provisions of Division I1I, Title XV, Section 3103, and Sec- tions 3181 to 3214 of the Civil Code of the State of California, and prays that you withhold from said contractor sufficient money that may be due it or that become due the contractor for said work to answer nd pay the amount of this claim, to wit: $13,107.98. DATED: February 5, 1993 TOLCO INCORPOR TED, dba TAB FAB By TERR EAK, Vice President AP73C- 1:.:-) AS TO FOU, CITY AT^ o1TV IS; VERIFICATION STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) TERRY PEAK, being first duly sworn, deposes and says that he is the Vice President of TOLCO INCORPORATED, dba TOP FAB, named as Claimant in the foregoing Stop Notice; that he has read the same and knows the contents thereof; that the same is true of his own knowledge; and that it contains, among other things, a correct statement of Claimant's demand after deducting all just credits and offsets. SUBSCRIBED AND SWORN to before me this 5th day of February, 1993. Notary Public in and for said State and County. T�C�`.'.r.. - - ]1993 'T9 My tcrr+�. a=�:-z' 23 74v-� Z�& Notary Pub THOMAS G. STYSKAL TRUST ACCOUNT lsaa WALNUT. SUITE E TUSTIN. CAL}FQRNIA 92680 .who UT v LLwGt 16 -4 SeCur.v Pacific Nacor.a: Ba :{ 122C IWVl4C- Cl6:?0-%lA I21-• • • • 'V PAY ur`� DOLLARn DAT[ CmECK NO �• tom'!., a 7p J[R OF 1 THOMAS G. S-YSKAL TA_Sr ACCOUN7 '1100089 71" i; 1 2 200004 31: ?0 3- 1 ?0 S 2011' REQUEST FOR NOTICE OF EXPIRATION OF STOP NOTICE PERIOD TO: CITY OF HUNTINGTON BEACH P.O. Box 190 Huntington Beach, CA 92648 YOU ARE HEREBY REQUESTED to provide notice of the ex- piration of the Stop Notice period by personal service or by registered or certified mail to TOLCO INCORPORATED, dba TOP FAB, regarding that certain work of improvement consisting of the Huntington Beach Library Extensicn Located at 7111 Talbert Avenue, Huntington Beach, California, consisting of prefabricated pipe and hangars. Said notice should be given to Thomas G. Styskal, 2600 Walnut, Suite E, Tustin, California 92680. Enclosed is a check in the sum of $2.00 in conformity_ with requirements of the Civil Code, Section 3185. DATED: February 5, 1993 TOLCO INCORPORATED, da TOP FA3 By. TERRY OAK, Vice President 90--DAY PUBLIC WORKS PRELIMINARY BOND NOTICE (Civil Code Section 3091) TO: GENTOSI BROS. 42 Corporate, Suite 200 Irvine, CA 92714 YOU ARE HEREBY NOTIFIED, pursuant to Section 3091 of the California Civil Code, that the undersigned claimant, TOLCO INCORPORATED, dba TOP FAB, has not been paid for the services and materials furnished to you for use in the construction of that certain public work of improvement consisting of the Huntington Beach Library Expansion, located at 7111 Talbert Avenue, Huntington Beach, California, consisting of prefabricated pipe and hangars. YOU ARE FURTHER NOTIFIED, that the undersigned claims the sum of $13,107.98, the amount due and still owing for said labor, services, and materials furnished, and that an action will be filed on the Bond filed by you unless said sum is paid in full. The address of the undersigned for the purpose of pay- ment or notice: Tolco Incorporated, dba Top Fab P.Q. Box 639 Corona, CA 91718-0639 DATED: February 5, 1993 TOLCO INCORPO ATED, dba TOP FAB OTEBy R EAK; Vice President cc: City of Huntington Beach South Coast Fire Protection P.O. Box 190 15405 Redhill Avenue, #E Huntington Beach, CA 92648 Tustin, CA 92680 KINLEY AND STYSKAL V300 WALNUT. Sl117C E TUSTIN.CALIFORWA 92680 0 City of. Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 ��,�II,Irl�lllll,II I��IIY,II,II,IIrrrlr l,r�,fllllrr� ,___;•� Stop Notim- 1)e , r-_11-01:NIA [-lYll_ CO,:- :-(-I ION 1111% f ..q-1 N01-ICU- -to __Wy ot Ii Ua Lin{Iton Beach, .Attu: Don Noble,_ Ted_ Div. Engineer . t •' -�� !A-o,.,� ..I r ...,.u,.. r.:.., ! r..d.�+. r'•.rd,, n.,.rr ... r)..,,rrl Yard; P.O. Sox 190, Illlnti�lgts�[> i3Cas�i, C-Ag�Fea 14 fi�'�L• (If Prwaic Job — il�: , 1111 rCl{u,ntlhit ' Ilrttr .,I I,ttslnl .11 tllll%t: "1 111.1110. of tnnllfulllUII lcntltr .1[ ililli cribs _, 111C COnslru1,11011 1111 :( nr . IIh [[lc owl CT ( I\';l_ COI)l_ Si l l IONS 1156 117S) (If Irublic Jull -- lilt u'Ill1 Vllitt of tnn.: ollt 1, .nnll4n, I)[ rlllt(r 1110411: tlltbuf%III ; rlffitcr ,vh1ptC tluly 11 IS tU inkc 1 1layntcnls uot)c: I,r[r.ltilVnc Uf tltC tnns..:u •- { I\'ll. t(iUL Sl.l I][)NS 1179 }=1•I) I r }�.Ir l'rinfC C(In[f.lcrot _ Gento52_bro`ner5, Inc._...-.-.— !! 1_McDaniel Electric Sub CVn[ratµlr (jr(Sf .-\sly) _M._ . - ' I•°°�, Qtvntr or irttl,flt lit•! CiLy of Iluritington Bcac'. i:. I 11n11nn,C:ntnl 1:,11t.:• .tt _1[tlnlindt011 I}Cach i.ibCar,' 1 i 1 7111 Talbert A::enuc rlu; tln;Lon each, t,l>._.4rnki__9��—_ i iin'IhC (-,ly t,( Huntington Bcoch ('1,111,1. n1 Orangc SlaLl Ul C.tl1It11111.1 Mac I{l--iCtZt:h CoC70ratLon _ - ..,�: r[ .......... rl '!- F, fll[Ili\Itl[l CI fl.11ll 1.1[;nr, \CI V;I t. 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S YOU AJU' If 1.1%f_I[5. NO I1 H D 1:1 u1!It:.01,1 -.ui 110011 111 lntlnit\ htfli h) V n11 tul !Lt ;Ihu,'t &NCTIOt.0 proJtCI in s:111\fy i(atnt.ln: t[CIIIJnIt 111 11% AILHI11111 r.l t Z,.fJ ZS _5.'1 _ Jotl Ill AjMi11111'. IIItIUC tItSIIS 5Urf!tlinl to ctwtzr ill!i:C". l:ItllI (alit .ull! It..Sa„1.,111t lUV'. 411 111,1J1,:.1, .I% l,r,R'tllCll I,y f.11S A 110llll (C!V11. C(�l)I- S[.0 I!Oi. 111'."") L.S_[lot - J11.I1!ltll (II0r.[1 Ttr;uirttl ,,,,!!, Siop Notit:C ctra;l oll ("a,;fvtunn, !(r:;lt- :,rl ;, .:It Job-, 1)... Id Intl ,Ir{11111.1J 41a llt,1)Ilt Jp!), or Urt.Slnit N,)t)(C sCrv{tl oil U'-t-r:ir r,.; flrrr.Nt p1Jn) Januar_ 12,_ 1394 :.ant 1:1 c 1.:nu.,,,1 f-1 Ic ft;,-Iz1,0Ch ----_` -- 1.: It 11BG1./:LLCa12_fJ1VC1 .0 L., M t jlCJll /.v^r .0 ,3t8 �— C I.[li L M.,it, i •i �11�-1 ', 1. [. Iht IIII%I 7%mI.I!:II. ♦lnit_ 1 .,n1 ;1,, CrcdiL Ma"n -r•.tl �4I% '•IIuC cl.lotGlnl 11 111E lt1IL1:111111:11t,1, NUtItt, I II.Ivk 111.1t1,.:141 L1,11tI7. 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' -.5CCllolts 3159, 1161 Ur 11(•:- I:I- .............1..,. .,.. ,. 1:,i...r.l.: ....).,.. ..,..r.�.. r.q„) ;lit.-r— MONTGOMERY WATSON Gentosi Brothers, Inc. 42 Corporate Park, Suite 200 Irvine, CA 92714 Attention: Mr. Kris Thordarson Subject: Central Library Expansion Stop Notices Gentlemen: 0126.0130/3.1.4 May 9, 1994 Letter No. CMC-177 According to the City records, the following supplier has filed a "stop notice" against the Central Library Expansion Project. It is also believed that this "stop notice" was filed after the statutory time period expired for filing of such notices upon recording the "Notice of Completion". Please be advised that sufficient funds will be withheld from your retention until the City receives a full release or an approximate bond for the "stop notice" amount. Subcontractor Supplier Amount McDaniel Electric Strand Lighting, Inc. $56,245.50 Should you have any questions or concerns regarding this list or the appropriate action to clear this item, please contact Don Noble, at (714) 375-5624, or myself at (714) 536-5672. Very truly yours, Steven C. Davis Construction Manager SCD/ac -s x Attachments (3) cc: tv t;x n rr1 D. R. Noble, HBPWD (w/o attachments) R. L. Hayden, HBPL (w/o attachments) a', R. E. Eichblatt, HB City Engineer (w/o attachments) C. Brockway, HB City Clerk (w/attachments) W. Lee, HB Accounting Officer (w/o attachments) File 126.0130.3.1.2/11.6.1 301 North Lake Avenue Suite 600 Pasadena, California 91101 Te 1: 818 796 9141 Fax: 818 568 6101 Serving the World's Environmental Needs STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) City of 1untington Beach To: City of Huntington Beach Protect: Central Library Expansion 1I "e-L''1 TMa(pal <41N tir>"I V"i 200 MaLn Street 7111 Talbert Avenue IMt.%11a Kw e,� -M-F"Wr ,,t •N Kant ]aY*+w�54,4 IAJMat; Huntington Beacli CA 92647 Huntington Beach CA 92648 -- I,+r ',- � v --- - - IC., N w V. TAKE NOKEThAT Strand Lighting. Inc. u�•Y1`fFws,..c4^.S�V]6tlK•'-Y.w9,v4h1P'4M'aSf �•.m �[r �'.[.tnlrn:lar4n".y!!I • wftoseaealessis 18111 So. SaP.Ia Fe Ave., Rancho Dominguez, CA 90221 Rasnt Y afro' p rr ; y,•q ti� � •I has GeMOr:mx1labor and Turrlsnedrrwe:1alslot awvkofunpfcvemenTdescribed aslolnw's _Huntington BeachCentraL Librarv, 7111 Talbert Ave., Huntington Beach CA 92648 .+.++rroarxa�aneu=ra-e�w+urn..-.•s+...� -. -. the labor and ma:erlals ILrnigwc by claimant 3•e Of the 'Lftwr'.g;dreral kind Tfreatr ical LighL ing Dimming & Control Svstem I•+1C al Y/• SY•Y!. My+f n-Ta1r.IM \-+IMi a q,.[ a h •� 1tV4 C• (,.^r The labor and rnaienams were lume.5hed to cr'of the to nwr] party Mc Dar. Let Electric 2833 F. 5Land ish Ave.. Anaheim, CA 92806 Ina.. y n ri,• .v t �•a ...<.. s .vv..a.l �' _ Total v2�e 01 Ire 'whole amoun: al Iabcr ark rnatena's dgreeo Iu be IurrlShed 1s S . 56,245.50 The value of ;he labor and malenals lurr,sned in date 1s $ 56.245.50 Clatmanl has teen pawl I!v sum or S .00 and there 1s due. ow:N and urpal0 The sum Of S - 56, 245. 50 1'bu are reaune,'o se! aside sufficient funds ro sat:Sry Ih1s claxn wllh mlerest- SA:•1 COSTS 3rd reasOnahe tests Of:rlC,abdn 3s prdvrJMl by Idw YOU are also no6aed'lral clamant claims an equrtab:e hen agains'- any conslrucrion'unds IOr Ilas Drdtec: which are 1n your hands FIRM 1E Strand Lighting, Inc. r 'n.... n prY d vao Y•u A.lvz "vv rr h•r ra ..,�. xal I VERIFICATION I Ireundersrgned.say Iamlha Chief Financial Officer of 'he cldlmant mined r. zo foregOng Slop Ndhce. I have read said Stop Nocce and Arrow ire Content% Me;eol. Me same 1s ;rue of :ny Own knowledge I declare Under penai;y of pelp3rp Under ;he laws of l,e State dl Caflfdrnla That the forego"+lg Is live and correct Executed on April 28 1994 a, Fancho Dominguez Catania j�'.q.e +aAc1 s+pa• .nY.n w vco s.. x• amn REQUEST FOR NOTICE OF ELECTION (Prtaale''Mms Only) (Per (:anforna Call Code Section 3159. 3161. or 3162) h an election 1s made nq to withhold linos pursuant 10 This stop notice by reason of a payment pond hawq been (eciyded rn accardance with Secbcns 1235 or 3162. please send notice Ot sl:ch elechort and a Cbpy oT It ?fond w lhrn 30 days Of s,xh election 1n the enclosed preaddressed stamped enve'dpe Tres nlormaucr, mcsl be ylovlder. 3y you under Civil Code Sec'rars 3159- 3161. or 3162 Signed C J+.r+l nw ,..xs u+ aapn x varq.n rwwep.; See reverse s,de lof additional lnlormalion /,arcs 151.y'n "a-stopmulct -hn.91 1^1 M1 Y' BM1.a"N.as la+l i.AO•IAr MYY.4 sq.W..NM..•'-aws" M.wM-M wriv .a.WLC.- Rv .Mr cers 'K ., Canal 1 Y-,e• 1 Aa.0 r 4n . .., b .A. w.oatr aid - waver — - +vnt+ - -8--, Awn.M1+' 0.a-a�. ar,wA.n, 4-Lr .P 1.s tan V wr-q MaaAa,ra MONTGOMERY WATSON 0126.013013.1.4 April 25, 1994 Gentosi Brothers, Inc. 42 Corporate Park, Suite 200 Irvine, CA 92714 Attention: Mr. Kris Thordarson Letter No. CMC-172 Subject: Central Library Expansion Stop Notices i Gentlemen: According to the City records, the following subcontractors or suppliers have filed a "stop notice" against the Central Library Expansion Project. Please be advised that sufficient funds will be withheld from your retention until the City receives a full release or an approximate bond for the "stop notice" amount. Subcontractor/Supplier Amount of Notice Paramount Scaffold Co. $5,915.00 Fountain Valley Transit Mix $1,362.30 Metro Concrete Pumping, Inc. $234.00 Should you have any questions or concerns regarding this list or appropriate action to clear these items, please contact Don Noble, at (714) 375-5624, or myself at (714) 536-5672. Very truly yours, Steven C. Davis Construction Manager SCD/ac Attachments (3) cc: D. R. Noble, HBPWD (w/o attachments) R. L. Hayden, HBPL (w/o attachments) a R. E. Eichblatt, HB City Engineer (w/o attachments) ,� z C. Brockway, HB City Clerk (w/attachments) W. Lee, HB Accounting Officer (w/o attachments) „C r: File 126.0130.3.1.2/ 11.6.1 301xnrthLake ave:ce Tel 81A796314I Sera+^q ^e :lcrrdsnra�cacs Suite 600 Fix 818 568 6101 Pasadena, California ' 91101 Stop Notice NOTICE TO City of Huntington Beach P.O. Box 14rltGnt niton"teach,Ca.92648 l Addrrrr J or Public )ob — file with office of controller, auditor, or other public disbursing officer whose duty it is to mate payments under pro.isions of the contrxt 1 (I( Private Job — file with responsible ollicer or person at office or brinch of cun,truct,on tender administering the construction funds.) hiss Cprttt{Ct�f. „_.Sze n t o s i Brothers Sub Contractor (ff Any) S t . Owrser or Nblie Body. City of Huntington Beach Improvcmcnt known as H. B. Library f N.—# ad fUi It O�A.uJrr1 N w�.t ..J•r..�raaw.rwrl 7111 Talbert intheCityof Huntington Beach Coungof Orange Stria of California, Fountain Valley Transit Mix,In�ly;man,.e Corporation_ [ferwasar / r C . r/VrYI rw/Y/rfarrrA.p/S.,/r Yrcjinrr wrA.Pl furnished certain labor, service. equipment or rnoterials used in the abo.e described *ork of impro.emenl The name of the person or company by whom claimant was employed or ev shun+ c12111eant furnished labor, service. equipment or materials is -1; n it r Cons_t_. _ _T (NwwN o/Sr.Dr awrror nor/ Cwr.ecr o./ U�wrr. ywldrrl Tha kind of labor, servicx, equipment err marts fats fur niched or agreed to be furnished by claimant +. as READY MIX CUNC111:1C fdrtrr.br ,w rrr.,„ Total value of Labor,terriee, equipment or materials Agreed to be furnished .... . .... .S Tonal value of labor, service, equipment or materials actually furnished rs - - - -- - - - - - - - - -S 1362.30 Credit for materials returned, if any ........................ .....................S .Anmunt paid on acgowt, it sny................................ .................. S Amount Out after deducting all }ust ctcsita and offscta . ... . . . . . . .... ........ s 1362.30 YOU ARE HEREBY NOTIFIED to withhold suffi ient monies held by you on the abo•e described project to salesfy cletmant't demand in the amount of S 1 2 5�b , as provided in Section$ 3156 through 1214 of the Civil Code, and in addition thereto sums sufficient to co•er interest, court coots and tcasonab:e rusts of litigation, as provided by law. A bond I5 Nor attached. (Bond tcquited on priretc jobs —not on public jots -) fts/tt nor Date— Nov. 2�, 1993 Name of Claimant Tia4ntaul Valley Transit pIix , Inc . ran Newrr! /C By j �C Cfl f I MANAC (Off,Ca Cape e,rrl VLRIFICATION 1,the undersigned. its gIamthe AvxNS tSf As fmi w NalWmxit ('Y�Iwr - /IAdIwr Y1. a]rrrlMlVf •._r—w►r Of'. fie the claimant named in the foregoing Stop Mottce; t have read satd claim of Stop Notice acid know, the content& thereof, and I Certify that the same is true of my own knowicdge. I certify (or declare) tinder penalty of perjury under the laws of the State of California that the foregoing is true and WWI. Executed an Nov. 29, .19 93 rat_ Los nngeies.C. 9IU23 California. •.r 4Arrwre CALIFORNIA PRELIMINARY 24-DAY NOTICE (PUBLIC AND PIUVAI'E WORK) IN ACCORDANCE wrrli SECTION 3097 AND 3098. CALIFOR-NIA CtvIL CODE OWNER or Reputed owner (Private) YOU ARE HEREBY NOTIFIED THAT... PUBLIC AGENCY - Public Work Paramount Scaffold Co. 14137 South Ga01M n ipai�we t. CA 90723 City of Huntington Beach has furnished or will furnish labor, services, equipment or materials of P.O. Box 190 the following description: Huntington Beach CA 92648 scaffolding, scaffold erection and/or dismantling for the building, structure or other work of improvemcrit located at: 7111 Talbert Huntington Beach CA The name of the person or firm who contracted for the purch"c „I such labor, services, equipment or materials - Snap -Right NOTICE TO PROPERTY OWNER 11 hills :,rc not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading l" I h, io,,, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the pmperl, though you havc paid your contracter in full_ You may )visa, to protect yourself againat this con,equence by (1) requiring your cr,mr;rctor to Cornish a signed release by the person or firm giving you this notice before making payment to your contractor or :,n% „[her rrtcthod or device which is appropriate under the circumstances. A;l CNjim:l[c or the total price of the labor, services, c(luipmcnt or materials furnished or to be furnished is, $ 5,915.00 DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20-DAY NOTICE in ;%CIUr0iir,CC Willi 01l197 l(r) antj 1099. California (.:vil (:cx!c Patricia Haddad 24 November 1993 I, declare that on (he day of l), c4:�r:snti s. nc�l [hc CALIFORNIA PRELIMINARY 20-DAY NOTICE can the intcrc st d p srtics as follows - at I I A.%l , BY placing a true copy thereof cnclosud in a seaied envelop with first-class rcbis[crcd or certified postage prepaid in Ilic Units, Paramount, CA 90723 5[atcs mail a[ addressed as follows: City of Huntington Beach P.O. Box 190 Huntington Beach CA 92648 24 November, 1993 l LI. Oar'; undt:r Penalty of perjury that the foregoing is true: and correct. ExLcuwd on Paramount, CA 90723 Patricia Haddad :It Declarant Pararrnimr Co. 141 P S f+drf,E`'tJ Pararriounl, CA'iU]23 Jr J i:5,t 7i� ram. III III 111I1till III Ililt 11111111111111AIM 11111f1111111111111 STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS /I''11 ii and 01 c.�tr, tOnarat � tnae• :r y�ac %ter. 202t V+ WADER OF FUNDS li:4es3 :[ O.tr: tr (ms:�etbon I �1 YOU ARE HEREBY NOTIFIED THAT the Werslgred QV-113r[. _c ilNme 1.e atlEressl has furnished ar has aBretd to (law se-ces. eculmirml, rutwils] 01 Me fdl4win tmQ_ � � �t1 �%L�� _ r , n � raNeal :esenphcn=r�Jetrr, st.�Wmlt�r P nel[IieISI -- !tl or for -�` �ieG�� -- fpr the worn rrprovemenf- itlaied at, or known d5 (name or Deism [a x N' *" Inn I (aayess. Iepi :es[r pl n. drSU10:a N SO or plA(e 1 Oenl 6cabm] The amount in value of the whUe agreed 'o be done or furnished by oamant is S� L w The ar+oun' in value of !hat already done or furnished by climunt is Claimant Us been paid !Fi sun of S— G &A tore re:rtauts due and weard the sun of S YOU ARE HEREBY NOTIFIED TO YYIFHHOID SUFFIC!E.NT FUNDS TO SViSFy TNIS CLAIM wIIH INT?REST METf10 Whir,`( is PKITING. INC.Dated- Rase ui Claimant or J r?� &x 34�x� t L&� worts: ffr ClUdmi VERIFICATION I, the undersigned, state: I am the A 6.e-YL4-- of the ("agent", "president") claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California tha the foregoing is tr�ue� and correct. �"��Executed on Q �� , 19 , at , California. Clair t or Authorized(3kgent) 4'r n. METRO CONCRETE PUMPING, INC. 4 P 0 BOX 3426LL LONG BEACH. CALIFORNIA 90803-0426 s 4 LAh yhem -al) ICA. 9-AA8 'llllllill�ItII11lIIlllllklll11111111d IIII Ittill till 1l1111111 MONTGOMERY WATSON -ITY :�r:it Jpa 18 1129 Gentosi Brothers, Inc. 42 Corporate Park, Suite 200 Irvine, CA 92714 Attention: Mr. Kris Thordarson Subject: Central Library Expansion Stop Notices Gentlemen: 0126.013013.1.4 April 13, 1994 Letter No. CMC-169 According to the City records, the following subcontractor or supplier has filed a "stop notice" against the Central Library Expansion Project. Please be advised that sufficient funds will be withheld from your retention until the City receives a full release or an approximate bond for the "stop notice" amount. Subcontractor/Sui2l2lier Amount of Notice Paramount Scaffold Co. $3,380.00 Should you have any questions or concerns regarding this list or appropriate action to clear this item, please contact Don Noble, at (714) 375-5624, or myself at (714) 536-5672. Very truly yours, Steven C. Davis Construction Manager SCD/ac b Attachments (5) �.- c.r� z cc: O. Abdet-Aal, MW (w/o attachments) :' F D. R. Noble, HBPWD (w/o attachments) N, 4 R. L. Hayden, HBPL (w/o attachments) J=� ' R. E. Eichblatt, HB City Engineer (w/o attachments) C. Brockway, HB City Clerk (w/attachments) ' W. Lee, HB Accounting Officer (w/o attachments) File 126.0130.3.1.2/11.6.1 4 I 301 NL;r,nLaKeaver..e ref 8187969t41 serving ;Ile wor;d,s Suite 600 Fax 818 568 6101 Pasadena, La%ilcmia I gu01 -. ,* STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION (Public or Private Work) _ (Per California Civil Code Section 3103) �1 n , TO: %ffis holds) TAKE NOTICE THAT PROJECT: FUNDS (Horne a a+y (y►boos- aonesaos'+Rst uw ypeTirwrr� oa c2rs WW to duce( whose address is d(.� (�� (bdnsa or WwA or aa--R gap roddaS has pert rated labor and furnished m en.als for a Nowpork of improvement d ribed as ib INama ArOb 0=10h Of sw txatea NOW worCAw materAA .w. 1snwvdl The tabor and mat -als furnished by claimant are of the following general fond: IGrwiti descroM d work and "Wdedw karmv4d) The labor and materals were furnished to or for the following party, (Name d aany who OdOm d the -Wk or nuueran) Total value of the whole amount of labor and materials agreed to be furnished is ................................................. SZ FU. C c, The value of the labor and materials furnished to date is ....... ................ ..._..................... $ 2) Claimant has been paid the sum of: and there is due. owing. and unpaid the sum of : .............................................. ................•.----.._... • ......... -.... ... S 3 Lira D d You are required to set aside sutticier:t funds to satisfy this daim with interest, Court Costs and reasonable xsts of litgatson. as provided by law. You are al fled Mat claimant Claims an equitable lien against any Constrt,' - funds for this project which are in your hands_ FIRM NAM�S� By. 2 tNa o rn soup mute awmxuons mar demo) (Owns Or epsra d slop eodoe abMartt must so+ rwe and vent' brow) VERIFICATION I, the undersigned, say- I am the the claimant named in the ot,''ManaW oC •A af., *ow of: we-) foregoing Stop Notice; f have read saj Notice and know the contents thereof; the same is true of my own knowiedge- I declare under penalty of perjury under the laws of t Late of Calico is that the foregoing is true and correct. Executed on — t9. at California. (Oars ram oocunanr yu s9naa) tna�e we�r� at��p n°ecr� (PV*6 W sense of rA rdmww Wit to nwrkq ra aw aorar" of gm sbp rrodo. am cruel REQUEST FOR NOTICE OF ELECTION (PRIVATI; WORKS ONLY) (Per Cal fonnin Civil Code Section 3159, 3161 or 3162) If an election is made not to withhotd funds pursuant to this stop rsatice by reason of a payment Mond having been recorded in accordance with Sections 3256 or 3162, please send notice of such electon and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under CWd Code Sections 3159, 3161 or 3162. Signed (CWTwnt rtm at rrldrr sed addressed samPed rwerdw) SEE REVERSE SIDE FOR COMPLETE INSTRUCTIONS FORM 107 — m 1991 � Paramount Scaffold Co, 141.37 S. Garfield Pararnomit, CA 90723 7! 'I:I;liIIIiiIII1111fIIifi{IIf111fIIIIII IIIIIIIIIIIIIlgIIIIII i I 301 North Lake Avenue Suite 600 Pasadena, California 91101 P.O. Box 7009 Pasadena, California 91109-7009 El MONTGOMERY WATSON Ms. Connie Brockway Hunt. Beach City Clerk Serving the World's Environmental Needs WHEN RECORDED MAIL TO: City of Huntington Beach Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Gentosi Brothers Contractors, 42 Corporate Park, Suite 200, Irvine, CA 92714 who was the company thereon for doing the following work to -wit: Central Library Expansion Project, CC-740. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Talbert Avenue and Goldenwest Street Nature of Interest: real property That said work was completed 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 January 3, 1994. That upon said contract the Golden Eagle Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 19th day of January, 1994. zL� szaz2r,� City Clerk and ex-officio C k of the City Council of the ity 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 19th day of January, 1994. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. City Clerk and ex-officio erk of the City Council of the City of Huntington Beach, California 1154K/1488K t� - _'-< j�(�,��1M�, i//'��-_ - s4 J i - ✓ !•' S�f ,{ ISSUE OAM-IMWUUNY} -- •�••1. . D�it1� f 7f92 THIS CERTIFICATE W WOUED AS A MATTER OF W-OiWATION ONLY AND . 00WL!R8 NO RICKM UPON THE CERTIFICATE HOLDER. THIS CERT>fK.ATE BrakkeSchimbdu & Assoc DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 29M Cabot Road Fift Floor COMPANIES AFFORDING COVERAGE Laguru Niguel, CA 92677-12S1ODWPALLT% A CIGNA --•--' ---- --'--. -- ----' --- COMPANY B LETTT A (;F,HTU.SI BROTHERS, INC.ICMP C 42 Corporate Park #2flf) Irvine. CA 92114 MPP w D LC ETTER ODUPAW C L6T%A G MUG •PERIOD THIS IS TO CEAT,FY THAT THE POI.ICIFS OF INSURANCE LISTED -BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY MgICATC0.:I0TWITF/STANr)W- ANY AEOUIREMENT. TERM OR CON )lTION OF ANY CONTRACT OR OTHER DOC(ACNT V4T)4 RESPECT TO WHICH THIS CERTIFK.ATF- MAV BE ISSUED OR MAv PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, FYCI Ii5•_+v4- AND r(MIDiTIONS OF SUCH POLICIES. LWS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY �'. T`mfc'�f ++RAlICE FDlfGtl i WAN" POLICY EFF1ECi1ME E)MPMIATiOM . DATE IMWDO" ! DATE (MMiDD" G&WRAL L"Ll ♦—" -�--- F 37 — , GENERAL AGG EGATS i AA 00uMERCW CMNCPAL L"LCTr I PROQUDTE•ODw/OPAD(Q. E 208 yM A # _ pJUM3 MADE J OCCU:I- DY1048.�41 02/01/92 02/01/93 PEFtWKkL a ADY. NxRY E 1 t x OWNER'S a CONTRACrORI POOr� � EACHOWAAWENCE : I FRE UAMAOF. IArwa f+I f MED. E)PEFIs'E [Anr oti c+r.�or+ E s L AUTOMOEILA UAEIUTY ODMBMIED EN[ILE ` WY AUTO LWfT —_ Q L OWNED u!TO9-- w•P{TwLFD A j"r')A •:4e ALIT � �M DMA) AP?ROVED A 0 FORM: aODILY N PLIRV (Poo 's.M] ► "rf-%Wro A,rTn$ GAIL HilTTO i, City Atto ey — By: Depu ity Attorne PROPERTY DAHAn;: A E]IUMWHILIfr - D / EACHOCCPU*MCE f — U A00AGGATli CrNER T'MAN UMBRELLA FORM wow"", c4's MATiON 81AMOIiY L111TR EAGt1ACCIDE)IT AID DIR$AEE�OLICY LMlT � E [•I�IDYEIE<' UAEILlTY D�fA9E-�.a+EYPLOYEE A l DNCRpT1DFfOFOAiRATiOIEir000ATIDMNEiiC[if�idAi rr l THE CITE• OF HUNTiNGTON BEA('H, ITS OFFICERS, AGENTS AND EMPLOYEES AND ALI. PUBLIC AGI'NCIES ARE NAMED AS ADDITIONAL S WITH RESPECT TO THE CENTRAL LIBRARY PROJECT. CRf�tCE1,l.ATwm a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES IW CANCELLED BEFORE THE CI'f CITY OF HUi�i I INGTON REACH EXPIRATION DATE THEREOF. THE ISWING COMPANY WILL w L AL mys i wrrEN NDroE To Tw cvmFICATE W)LDER NAMED TO TNe- MAIN STREET 2OWHUNTINGTON BEACH, CA. 92648 LErT • ANTH01p •OTII//fit �_ el-7 of 4- If POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM R) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Huntington Beach, its Officers, Agents and Employees 2000 Main Street Huntington Beach, CA 92648 (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 liability arising out of "your work" for that insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 0 ACHO IL CUTIFICATE OF 94SURAHCE ISSURDATE (MII;E_V/7) PAVMJCER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Frank B Hal i & Co - of DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED RV THE California Insurance Brokers POLICIES BELOW_ 695 Town Center Dr , Ste_ 500 COWPAN(ES AFFORDING COVERAGE Costa Mesa, -CA 92626 _ 714-641--9355 r nra 5rn A I.ErtER FITT Inu.r a n c a .Company rOMPAFrf GENTOS I BROS., INC_ r.OI� r.Fr C 42 Corporate Park• Suite 200 LEIIFP Irvine, CA 92714 C(IrAN'r D LEIrFF: ION ANY — E LhrrEr? COVIERAGES Irit" V..,IUk',s.W N 1HAI 11IF"UtV�)SSOFITJ�UUANI_E=11S1E=U9Fr.°U�1r1AVL 1+JsFaFWN IJP DNArAf-L)ABfJVf'FOkl VPOLl1,'/PF:PK_sl Ir•;TnrAIFD I-:'' iwIrIiL:rANFJINGarrrREOIIIVLr'FNT.TF.Rr.IUPCCIr-1L1ITFnPJC,FANvCUrlrr�aC1 OPQTHEpDOCLAIFrJT tivrrHPESPECI TUdJFRr;NtIYS r'EcliIR'H ,.Ir: r.IA', LIE "4Su'C17UpMA, PEPIAIN. TI+. R4SUPAr,CE AFF-^RDE-Il8 i TIIE' 001-101.5 DESCur8ED L+LNEW,IS SuBjECT IU ALL IHt TEcmlS. Fhl.'I IC10+r:An1lI[;nrlUlfr�rlSUF�IrCIIp[lLl:'IF{ LFtinTSJI+U'A'wr.IArNa:! BFFN"L�11CFLlBYPAIIU;t AC' TV"O►INSURANCE POL ICY rAI AVER LT - POLICYM►ECTWE POLICT EXPIRATION LIMITS DATE;MMr LIU+r:I DaTi fN*A/Ir•: -. ,l f.£HEAAL _ LTAIISLTTY C_N;tRAt AGCREGAtr t - Cr)IMIOf Rf IA L 6!FiERAL LrAHILI17 PHQDUCTS-L(JMP:OF ACG % .- --I I":AIMS MADE I IILCUR Ff RSUNAL it Afr% IN.CIRi ± - _ rrwrJIlr S A. rONIAACIUR S I'HUI EACH UCCIIHRINfE f - - — - IIH! LIAMAGE !A*g nne Irre1 - MEP ENPEN!E IA.v ns• pe,jo, AVTOMODLELIADLITY — - (7WBIWIJ SINSIE nrrr AUIc, urnII ALI 11wrIED A1110S HpOrL± 1.1 JURY f SOIFUI1110 AIJIIJS We, pertOrl S HIHIfI AL�IpS BrJDllr INJLIRI' NpN rlwnlp AUIhS fI'cr ac dder,fl GARAGL LlACL1541Y FROPfRN QAIAAGE ExC£SSLIAOLRY EA"rI UCCURHEHCE IVAIRELLA FUFM A@6RE6AIE --• i -.��-•. UIF'14 IHAN 'NIBR!LLA IDFp.1 - - - WORKER SCOMPU4ATLON SIAIU10111 u"Is _EACH Actilliur _ t 1000000 A AM 80011 8961 7/01/91 7/01/92 DISEASE FDII[Y LIMIT t 1000000 EMPLOYERS.LfADlITY DISEASE -EACH EMPIT'EE t 1000000 OTHER DESCRIPTION nF OPERATIONSILOCATIONStV"tCLESISPECIAL rrEMS RE: Central Library Expansion shiver Of Our Right To Recover From Others Endorsement Attached_ Amended Cancellation Clause AS Shown Cerl 9 §9 CERTIFICATE HOLDER CANCELLATION c141_11JLUar;,n. rH=AI,iU1',/FrJtFr1INEC,FUr^:1=SF•F•'+r-rr:FILI_'IFIFIIIL- '111' I xVIPAIIflri UAIF: IIFI:EIj1. fHl. IC5_IIIII.; i-(jm:'Ar•r. r:.RF .'E)1:17IX'vC1(1YM P.7A" 30 IIAN*i A•1:111 FTJNO I H. r II II HE!.f P11LIr'A7r-14"LJ.&r!1-IAI:;. I_'1 rl T I II: CITY OF HUNTINGTON BEACH L_FT.P�C�4.C7f�CC�4�C3ti:]L�C➢C�1CA;>YKI��GK17(L�iVJiDil]��L1GJI4�1�(,�L?Ti�i�:G� 2000 Main StreetDC14L)si?CC;1UidS:�i�VtL�i3�`�f+t17�C2�LL,$il.i+?$X+�F?4?4k2icTt+Ka►a(s3Gti Huntington Beach, CA 9264E3 avmoRrzEORErRESENtATt1Ie 320700000 ACORD 25-3 (71") f 4ACORD CORPORATION 1990 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) FRANK H. HALL & CO. ENDORSEMENT03 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 10 % of the California workers' compensation premium otherwise due on such remuneration. Estiiiated Additional Premitun: $578.00 - Actual Premium SUI3.IECI' TO AUDIT. Schedule Person or Organization (.*M OF HUNI'TVCTON BEACH 2I)00 !IAIN STRE17 11T, 1'INGTON BL-101, Q� 926:l,S Job Description C1\I'R;1l. I.TBIR-kRY EXPANSION CT I'Y OF 11iNI'TVCT0N R) -XI I G-LI.TPORNIA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 2-07-92 Policy No 800.1 8881 Endorsement No. 03 Insured (;I:\11)SI 131ZOS, IVC. WC 04 03 06 (Ed. 4-84) Insurance Company FAIM ONrI' IN'.SURANCE. (,0MP:LN7Y Countersigned - . KIN sT:kR ( an . ro --'� LAW OFFICE OF WILLIAM A FRANCIS ATTORNEY AT LAW 4i LND11 E GAi L ERiA OrriCE Tow -LP ' 100 WESv BP0.0WA• 5U.'L 900 GLENOALE CAL+FORNiA 91210-0001 TILE�RatiE (6161 240-4000 TELECOP.rR 1818) 240-7728 April 5, 1994 Mailed April 25, 1994 RELEASE OF STOP NOTICE City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Attention; City Manager u�� You are hereby notified that the STOP NOTICE dated February 28, 1994 in the sum of $407.00 filed with you by the undersigned pursuant to Division III, Part IV, Title XV of the Civil Code of the State of California for rental and use of an Economy Scissor Lift furnished to Long Beach Builders Glass, Inc., and used in the improvement and construction of the job known as 7111 Talbert Avenue, Huntington Beach, California, where the General Contractor was Gentosi Bros., Inc. is hereby released, the claim thereunder having been fully paid and satisfied and discharged. Said Stop Notice was paid by Gentosi Bros., Inc. r00, William A. Francis • Agent for Adco Equipment, Inc. State of California ) )ss. County of Los Angeles ) WILLIAM A. FRANCIS, being duly sworn, deposes and says: 1. I am the agent for Adco Equipment, Inc., the above - noted claimant; ' 2. I have read the foregoing RELEASE OF STOP NOTICE and know the contents thereof; 3. I certify that I have been informed and on such information and belief, assert the same to be true as to matters which are therein stated. Dated: April 5, 1994 William A. Francis Agent for Adco Equipment, Inc. Subscribed and sworn to before me this �5'``day of April, 1994. _ e� r cox hot �214q LQs,4r�.- ro+wo I comrne4wam MAP 2-5 t996 No ary Public in and for said County and State cc: Adco Equipment, Inc. Long Beach Builders Glass, Inc. Gentosi Bros., Inc. I have received the Faithful Performance Bond and -the Labor and (Materials bond for Gentosi Brothers Contractors, Central Library -Expansion - CC-740 on behalf of the Treasurer's Office. Dated By: - ----- ----- — - - --- - - - Bond No. SUR 15 11 19 GOLDEN EAGLE PREMIUM INCLUDED NONs cE COWANY PAYMENT BOND CALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENT'S, That we, GENTOSI BROS., INC. as Principal, and GOLDEN EAGLE INSURANCE COMPANY Bonn Prenifum Based On F.i=1 Contract PI•fosl APPROVED AS TO FORW:1 GAIL IZUTTOH CI 1 TORNl; By: ty Attorney a Corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the aggregate total of TWO MILLION NINE HUNDRED FIFTEEN THOUSAND DOLLARS AND NOI 100- -------------------------------------------------------------- Dollars($2,915.000.09, for the payment whereof well and truly to be made. we hereby bind ourselves, our heirs, executors, ad- ministrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated entered into a Contract with FEBRUARY 7, 1992 THE CITY OF HUNTINGTON BEACH for CONSTRUCTION OF THE CENTRAL LIBRARY EXPANSION PROJECT FOR THE CITY OF HUNTINGTON BEACH NOW, THEREFORE, if the Principal or his subcontractors, shall fail to pay any person named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any person named in Section 3181 of the Civil Code of the State of California, or for any amounts required fo be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and his subcontractors pursuant to Section 13020 of the Unemployment In- surance Code, with respect to such work and labor, the Surety will pay for the same in an aggregate amount not ex- ceeding the sum specified in this bond. and also, in case suit is brought upon this bond. a reasonable attorney's fee, to be fixed by the Court in accordance with Section 3250 of the Civil Code of the State of California. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to such person or his assigns in any suit brought upon this bond. SIGNED AND SEALED this 19 g2 6TH day of FEBRUARY G "T1 BR NC. GOLDEN E INSURANCE COMPANY Principal ey ERI HEBERT, Attorney -in -fact QUUXJI EAfAf IIIStlfi AIM COMPANY EXEOITIVE OFFICES San Diego. California PCIJER OF ATTORNEY KNOW ALL KEN RC THESE PRESENTS, that the Golder Eagle Insurance Cottpany, a Corporation duly organized and existing under the laws of the State of California, having its principal office in the City of San Diego, California does hereby narainate, constitute and appoint: NEBEitT<--- its true and lawful agent and attorney - in - fact, to make, execute, seal and deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the penal suo of any one such instrument executed hereunder shall not exceed the scm of any and all bonds and undertakings, provided the amount of no one bond or undertaking exceeds five million dollars ($5,000,000.00). Ih+s power of attorney is granted and is signed and sealed by facsimile under and try the authority of the following Resolution i,dupted by the Board of Directors of the Golden Eagle Insurance Coapany at a Meeting duly called and held on Aprit 10. 1984 which baid kesolution has not been amended or reucinded and of which the following is a true. full and cc:caplete copy. "RESOLVED: That the President or Secretary may troM time to time appoint Attorneys - In - Fact to represent and act for and on behalf of the Carpany, and either the President or Secretary, the Board of Directors or Executive Cannittee may at any time remove such Attorneys-ln-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys - In - Fact may be given full poser to execute for and in the name of and on behalf of the Coapany any and alt bonds and undertakings as the business of the Coup" may require, and any such bonds or urxiertakings executed by any such Attorney -In -Fact shad be binding upon the Coapany as if stoned by the President and sealed and attested by the Secretary." IN WITNESS WHERECif, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed. this February 8, 1991 G"EII E`tft COWPANY STATE OF CAMORN1A COUNTY OF SAN DIEGO SS: gy f f!r(l %i heel E. 77 Pr sident On this 8th day of February 1991, before the subscriber, a Notary P is of the Stateof lifornia, in and for the County of San Diego, duly commissioned and qualified, come Michael E. James. President of GOLOEN EAGLE INSURANCE COKPANY, tome personally known to be the individual and officer described in and who executed the preceding instrunLMt and he acknowledged the execution of the same, and being by arc duty sworn, depoyeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding nnstruaent is the Corporate Seal of the said instrumcYnt by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set dry hand and affixed any Official Seat, at the City of San Diego, the day and year first above written. STALE OF CALIFORNIA w�r'..�'% COUNTY OF SAX D1EG0 66. _ ��.- i OFFICIAL ;r At l EF' N NI.Ei< 1, HH NI:IN,u OrFICt M . SAN GLLGO COur4 I'. ie+.ct Uy UMM k-p Aug I- le32 /__J�IftlfllL aaLij/�� Notary Public the undersigned, Larry G. Kabee, Secretary of the Golden Eagle Insurance Coapeny, do hereby certify that the original POWER OF of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. WITKESS wEREOF I have hereunto subscr pe� my name as Secretary, and affixed the Corporate Seal of the Corporation, this day of FE$RUARY 19 4 LARRY G. WEE, Secretary Bond No. SUR 15 11 19 i - - PREMIUM: $56,244.00 GOLDEN EAGLE INS CE COMPANY PERFORMANCE BOND CALIFORNIA PUBLIC WORK gonad Premium Based 00 APPROFinal contraot Prim II^ KNOW ALL MEN BY THESE PRESENTS, GAIL RU ASO�r TO pO� CTTV . That we, GENTOSI BROS., INC. GOLDEN EAGLE INSURANCE COMPANY and - - - - -- - - - - - —� a Corporation organized and existing under the taws of the State of CALIFORNIA and authorized to transact surety business in the State of California. as Surety. are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee), inthesum of FIVE MILLION EIGHT HUNDRED THIRTY THOUSAND DOLLARS AND NO1100- -------------------------------..__________---_----------_---- Dollars ($5,8302000.9, for the payment whereof well and truly to be made and we each of us bind ourselves, our heirs, executors, ad- ministrators, successors and assigns, jointly and severalty. firmly by these presents. THE CONDITION of the above obligation is such that. Whereas, the above named bounded principal entered into a contract dated F£BRUARY T 19 92 with the said Obligee to do and perform the following work, to wit: CONSTRUCTION OF THE CENTRAL LIBRARY EXPANSION PROJECT FOR THE CITY OF HUNTINGTON BEACH a copy of which contract is or may be attached hereto. and is hereby referred to and made a part hereof. NOW, THEREFORE, if the above bounden principal shall well and truly perform the work contracted to be per- formed under said contract, then this obligation to be null and void-. otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said Obligee. SIGNED AND SEALED this 6TH day of FEBRUARY , 19 92 GOLDEN 6 Iry rincipa By BERT, GOLDEN EArA.E INSL ANCE CJ0WANY DLEWYIVE OFFICES San Diego, California POWER OF ATTORNEY :NOW ALL nEN By THESE PRESENTS. That the Golden Eagle insurance Cog3any, a Corporation duly organized and existing under the taws A the State of California, having its principal office in the City of San Diego. California does hereby nominate, constitute and Ippoint: ---;PERIN HEBERT<--- is true and lawful agent and attorney - in - fact, to make, execute, seal and deliver for and on its behalf as surety, bonds, consents +f surety, and undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not e■ceed the sum of any and all bonds and undertakings, provided the amount of no one bond or undertaking exceeds five million Ioitars ($5,000,000.00). his power of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution tdopted by the board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which ,:,md Rr.%olutlon has not been amended or rebcanded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -In -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any tsme remove such Attorneys -In -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys - In - Fact may be given full power to execute for and in the name of and on behalf of the C wpwny any and all bards and undertakings ss the business of the Company may require, and any such bands or undertakings executed by any such Attorney - In - Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Secretary." WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its Sea[ affixed. this February 8, 1991 GOLDEN CL CIE COfYANY � I Of CALIFORNIA Of SAN DIEGO SS: By- �ll Mi heel E. J Pr s ,ilent this 8th day of February L991, before the subscriber, a Notary P is of the State of California, in and for the County of San duly commissioned and qualified, came Michael E. James, President of GOLDEN EAGLE INSURANCE COtPANY, to me personally known be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the and being by ae duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed the preceding iiutruhent is the Corporate Seat of the said irsstrsrxnt by the authority and direction of the Said Corporation. WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above liven, Of CALIFORNIA QEFF?FNICIHALL�tr^„ t t OF SAN DIEtO / k v NQfAr-Y CL-C-CALIr ,:,ALA i-H-NCIRAL OFI,Ct 1Y sAN D,EWCuur+m, Notary P�lic MY Comm E.p A-] I the undersigned, Larry G. Mabee, Secretary of the Golden Eagle insurance Company, do hereby certify that the original POWER OF -.-_i, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. WITw'ESS WHEREOF I nave hereunto subscr fed my name as Secretary, and affixed the Corporate Seal of the Corporation, this day of FE$RUARY 19 �1 LARRY G. MABEE, Secretary Bond No. SUR 15 11 20 Ot.H{I PREMIUM: $10, 770.00 GEIL n'l-Toll CITY ATTOR14 Dy' d Premium Base'd Qi lj'A�gYgyrner ontraot Pria KNOW ALL MEN BY THESE PRESENTS: That we, GENTOSI BROS., INC. as Principal, and HUNTINGTON BEACH GOLDEN EAGLE INSURANCE COMPANY as Surety, are held and firmly bound unto THE CITY OF as Obligee, in the sum of FIVE MILLION EIGHT HUNDRED THIRTY THOUSAND DOLLARS AND NO(100---------------------------------------------- ($ 5,830,000.00 ) DOLLARS, for the payment of which, well and truly to be made, the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has entered into a certain Contract with the Obligee, dated FEBRUARY 7, 1992 for THE CENTRAL LIBRARY EXPANSION PROJECT NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall maintain and remedy said work free from defects in materials and workmanship for a period of years following completion, then this obligation shall be void; otherwise it shall remain in full force and effect. Signed, Sealed and Dated, this 6TH day of FEBRUARY , 19 92 . GEN BROS., INC. Principal 8y GOLDEN EAGLE INSURANCE COMPANY Surety gy ERIN HEBERT, Attorney -in -Fact GOLDEN EAGLE I RSURANU C "ANT EI CL9fVE OFFICES San Diego, California MAIER OF ATTCRAET J ALL MEN BY THESE PRESENTS, That the Golden Eagle Insurance Coop", a Corporation duty organized and existing tinder the lows :he State of California, having its principal office in the City of San Diego, California does hereby rxldinate, cansiiiute and pint: --->ERIN NESERT9--- true and lawful agent and attorney -in -fact, to make, execute, seat and deliver for and on its behalf as surety, bonds, consents .urety, and undertakings in suretyship provided, however, that the penal sun of any ante such instrument executed hereunder shad exceed the sun of any and alt bonds and undertakings, provided the amount of no one bond or uridertaking exceed* five million Zrs (s5,000,000.00). power of attorney is granted and is signed and seated by facsimite under and by the authority of the fottowing Resolution '-..- by the Board of Directors of the Golden Eagle insurance Company at a meeting duty called and held on April 10, 1984 which > keSolulion has not been amended or rescinded and of which the fottowing is ■ true, full and cooplete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -In -Fact to represent end act for and on bchatf of the Company, and either the President or Secretary, the Board of Directors or Executive Corrnrtte-e mtiay at any time rearuve such Attorneys -In -Fact and revoke the Power of Attorney given him or her; arid be it further "RESOLVED: That the Attorneys -In -Fact may be given full power to execute for and in the nacre of and on behalf of the Company any and all bonds and undertakings as the txuiness of the Company Day require, and any such bonds or undertakings executed by any such Attorney -In -Fact shalt be bidding u;)on the Company as if sigrxd by the President and seated end attested by the Secrctary." .6MLSS WIIEREDF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with Its _.: seal affixed. this February 8, 1991 GOID" CE CCWANY Of CALIFORNIA Of SAN DIEGO SS-. By. l ffi eel E. 1 Pr sidMt 8th day of February 1991, before the subscriber, a Notary P is of the State of California, in and for the County of San duly commissioned and qualified, case Michael E. James, President of GOL.OEN EAGLE INSURANCE COMPANY, to ate personally known the individual and officer described in " who executed the preceding instrument and he acknowledged the execution of the and being by tW duty sworn, deposeth and saith, that he it the said officer of the Cogiany aforesaid, and char the seal affixed preceding instrument is the Corporate Seal of the said instrument by the authority and direction of the said Corporation. uKEREOf, I have hereunto set cry hand and affixed Ry Official Seat, at the City of San Diego, the day and year first above CALIFORNIA 0fFICIAL tr Al else ��"• OF SAN DIEGO EP H felCiLr. r NC1rAnY. dt.�-G,li•�kN�w • ��- r•M•Ni.�Vi.L Of f ICI ►+ ` _l1"6 SAt�ULGOGQuur1 _ My Gomm fag Aug i' 19W f 1-t• 0'� l4 VL_ Notary Public Larry G. %abet, Secretary of the Golden Eagle Insurance Company, do hereby certify that the original POWER OF of which the fortgoing is a full, true and correct copy, is in full force aM effect, and ha• not been revoked. WAER OFRl have hereunto subsr- my A&IM as Secretary, " affixed the Corporate Seat of the Corporation, this d:,y of . 19 CC LARRY G. KADEE, Secretary , F- 6G0, dG REQUEST FOR CITY COUNCIL ACTION Date: Submitted to: Honorable Mayor and City Council — g/�S oo�,/- 19, 1 Submitted by: Michael T. Uberuaga, City AdministratordW Zd�- Prepared by: Ray Silver. Assistant City Administrator/Acting Director of Public Wor Subject: CENTRAL LIBRARY EXPANSION PROJECT; CC-740 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception? Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative Action, Attachments: STATEMENT OF ISSUE: Staff requests that the Central Library Expansion Project (Phase I) Change Order limit be increased to facilitate Final Payment. RECOMMENDED ACTION: Increase the authorized Change Order limit by $18,338 to fulfill the City's obligation to Gentosi . Bros. Inc., for the improvements of the Central Library Project (Phase I); CC-740. ANALYSIS: On January 21, 1992, Council awarded a contract to Gentosi Brothers for the construction of the library building improvement (Phase I). Council formally accepted the project and authorized the City Clerk to file the Notice of Completion with the County Recorder's Office on January 3, 1994. Although the building improvements were substantially completed at the time of acceptance, staff informed Council that there were still several outstanding Change Orders that had not been resolved. These Change Orders have been successfully negotiated and Staff therefore recommends increasing the Change Order limit from $583,000 to $601,338, a net increase of $18,338. This action will finalize the City's financial obligations to the contractor for work performed. Contract Amount: Construction Change Orders: Supplemental Expense: Total: * Net increase of $18,338.00. FUNDING SOURCE: Current Authorized Amount $5,830,000.00 583,000.00 58,000.00 $6,471,000.00 Revised Amount with this Action $5,830,000.00 601,338.00* 58, 000.00 $6, 489, 338.00 There are sufficient funds available in project Account No. E-LX-PW-410-6-31-00 to cover the additional Change Order costs. RCA: CC-740 September 19, 1994 Page two ALTERNATIVE ACTION: Deny Change Order request and litigate costs. ATTACHMENTS: None MTU:RS:ERC:gd File G CC740 rca02 STATE OF CAUFORNIA 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, onnted and ?ubiished in the Ci!y of Huntington Beach, County of Orange, State of Califomia, 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: November 14, 21, 28, 1991 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 28, igs 1 at Costa Mesa, California. v Signature I PUBLIC NOTICE NOTICE L-. INVITING BIDS CC•740 Notice is hereby given that sealed bids will be re- ceived by the City of Hun- tington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, Califor- nia, until the hour of 2:00 p.m. on December 10, 1991, at which time they will be opened publicly and read aloud in the Council Chambers, for the Central Library Expansion Project in the City of Huntington Beach. A set of plans, specifica- tions, and other contract documents may be ob- tained on November 12, 1991 at the office of An- t 4 & Langford Archi- t 16152 Beach Blvd., 201, Huntington %11, California, upon re- 6of a non-refundable f �f,$180.00. n , bid shall be made .O. Proposal Form and i Me manner provided in the contract documents, and shall be accompanied �a certified or cashier's cylt'or a bid bond for not lefs'than 10% of the ar nt of the bid, made payable to the City of Hun- tington Beach. The Con- rfractor shall, in the per- �formance of the work and timprovements, conform to .the Labor Code of the .the of California and other laws of the State of (California applicable 'thefeto, with the exception only of such Jafiations that ;may be required under the special statutes pursuant to ,which proceedings hereun- der are taken and which `have not been superseded tby -ttie provisions of the Labor, Code. Preference to labor shall be given only in ,the, manner provided by flaw. s No bid shall be consid- ;ered unless it is made on a ,form furnished by the City Hof Huntington Beach and'IIis Smade in accordance Zh ythe provisions of the pro- �posal requirements. ;Each bidder must be li- censed and also prequali- Ified as required by law. The City Council of the ,City "of Huntington Beach preserves the right to reject $any or all bids. { By order of the City Coun- $cil of the City of Huntington 'REh, California the 21st of October, 1991. Connie Brockway, City Clerk of the City of Kuntington Beach 00 Main Street (714) 53f� 4431 ,�.uglished Huntington Bebph Independent No- vember 14, 21, 28, 1991 112-891 5 PROOF OF PUBLICATION $Z,5 �rf ag1�1 NOTICE INVITING BIDS CC-_740 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City ll, 2000 Main Street, Huntington Beach. California, until the hour of 2:00 p.m. on 10 1, at which time they will be ope publicl and ead aloud in , the Council Chambers for the in the City o Huntington Beach. A s t of Ians, specifications, nd dther�co�ract docu nts tray obtained on ev at the , Huntington Beach, alifornia, upon receipt of a non-refundable 'fee of $ I�Q. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed -and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. oBy f ord ,ofL.1 a City Council of the City of Huntington Beach, California the 2% 3� Connie City CIerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0323G °REQUEST FOR CITYG�OUNCIL ACTION October 21, 1991 Date Submitted to: Honorable Mayor and City Council Submitted by* Michael T. Uberuaga, City Administr Prepared by: Ron Hayden, Director of Library Se c APPROVED BY CITY CUUNCIA- Subject: CENTRAL LIBRARY EXPANSION; CC-740 _ lq ITY L� RK Consistent with Council Policy? (xI Yes ( ) New Policy or Excep on Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: QT STATEMENT__.OF_ISSUE: The plans, specifications and a C �mate for thiexpans.ion of the 111VA•Z Central Library are complete. RECOMMENDATION: 1. Approve the plans and specifications and authorize the Director of Public Works to solicit bids for construction. 2. Approve the attached Sample Construction Contract subject to award of contract to approved lowest responsive bidder. 3. Utilize up to $5,000,000 of the unused COP proceeds as temporary financing for the Library Expansion Project, ANALYSIS: Pursuant to the 1987 HBW Associates, Inc. "Needs and Assessment Study" of the Huntington Beach Library System, Council directed staff to proceed with the expansion of the Central Library. On July 5, 1988, Council approved the selection of Anthony & Langford to prepare plans, specifications, and a probable cost estimate for the expansion of the Central Library. Subsequent to this action, Council approved expanding the scope of the project to include the design of additional improvements and the development of a master plan for more parking. On March 25, 1991, the Council approved the staff proposed financing package. At the October 7, 1991, Council meeting staff was directed to return with the construction and debt service payment schedules. Plans and specification for the building improvements are complete and ready for bidding. Construction documents of the master plan parking, cannot: be completed until the authorization for the deletion of Talbert Avenue, between Gothard and Golden West Streets, is obtained. The initial public hearing before the Planning Commission is scheduled for November 5. Subsequently, it will go to City Council in December. Pio 5/85 The current budget proposes the tem2orary use of a portion of the unused $10.2 million COP proceeds. The budget proposal was to replace the temporary financing with the permanent financing using new revenue generated as result of the Library Expansion Project and existing debt on the Library. This includes parking meter revenue, community enrichment library fee, room rentals, theatre rentals, interest earned and media. These funds will be placed into a special enterprise fund called Library Service Fund. This plan, as outlined in the budget, can still be pursued as the expansion project design is finalized and construction bids are solicited. Staff recommends that at the time of construction bid award (anticipated in January 1992) a determination be made on whether to issue permanent financing (COP's) following construction bid award. There ,is no need to make a decision prior to the time of construction bid award as to the permanent financing method for the Library Expansion. The approach, therefore, is to continue the plan to use _the unused COP proceeds as a temporary financing approach for the Library Expansion Project. There.was a question by the Council regarding how this loan would be paid back during the construction period. The existing Library Service Fund has $2,122,000. It consists of the balance of the Building Fund, Community Enrichment Library Fee and interest earnings. In addition, there is approximately $700,000 of donated funds. Therefore, the total available funds are $2,822,000. During construction, it is anticipated to use the Library Service Fund and donations prior to using the COP funds. (See attachment 1: Construction Payment/Revenue Schedule. Option A includes parking without the library financing a methane mitigation recovery system. Option B includes parking with the library methane mitigation system estimated to cost $500,000-$1,000,000.) This phasing approach will allow the COP to continue to generate offsetting interest earnings revenue to offset the General Fund impact. Therefore, the project will begin using a portion of the unused COP's in July 1993. At this time, the accumulated carry over of the Library Service Fund will be sufficient to make payments to the General Fund to offset the cost of borrowing the COP's throughout construction. Again, post construction costs including COP's, operating and personnel will be funded by recurring revenues from expansion program. (See attachment 2.: Projected Increased Cost/Revenue Chart.) Based on the Planning Division's estimate of construction of major projects, the Community Enrichment Library Fee is expected to generate sufficient funds to offset the cost of COP's. (See attachment 3.: Community Enrichment Library Fee Revenue Chart.) Staff has been requested to explore the financial impact of phasing the Library Expansion Project. There are three different phasing options. They were outlined in the March 25, 1991 RCA as 1); 2); and 3). (See attachment 4.) Option 1 is still viable. By constructing the Library Expansion under Option 1, the cost of the project is $5,500,000 and the unfunded amount would be $2,058,000. However, by phasing, costs to complete the building could be increased by 25-40a due to reduced bid package, redesign, inflation and re -mobilization. 2. FUNDING SOURCE: Based upon a detailed cost estimate prepared by Construction Analysts, Inc. of Carlsbad, CA, the cost of constructing the building improvement only, is $5,403,598. Parking is estimated to cost $2,000,000 and will be bid separately. Sufficient funds are available in fiscal account E-LX-PW-410-6-31-00 (Central Library Expansion). ALTERNATIVE ACTION: 1. Do not use existing unused COP's as temporary financing, and finance through new debt (OOP's) using the Central Library as funding source. 2. Deny approval of plans, specifications and Sample Construction Contract and forego the construction of these building improvements. ATTACHMENTS• I. Construction Payment/Revenue Schedule A and B 2. Projected Increased Cost/Revenue Chart 3. Community Enrichment Library Fee Revenue Chart 4. RCA Dated March 25, 1991 5. Sample Construction Contract MTU:LFS:RLH:DRN:1b 3. Attachment LA CONSTRUCTION PAYMENT/REVENUE SCHEDULE WITHOUT METHANE MITIGATION POST CONST. 1/92 7/92 1/93 7/93 1/94 7/94 TOTAL 1/95 CONSTRUCTION FINANCING CONSTRUCTION PAYMENTS -0- 396,412 1,728,516 2,412,110 2,333,983 628,979 7,500,000 -0- EXISTING FUNDS 2,822,000 2,425,588 697,072 -0- -0- -0- 2,822,000 -0- AMOUNT LOANED FROM UNUSED COP S -0- -0- -0- 1,715,038 2,333,983 628,979 4,678,000 $4,678,000 ------------------------------------------------------------------------------------------------ ONGOING R EVENUES(Library Service Fund) COMMUNITY ENRICHMENT LIBRARY FEE 30,000 30,000 52,500 52,500 123,000 123,000 198,000 INTEREST ON CELF/EXISTING FUNDS 106,950 95,238 37,941 15,192 20,375 18,919 20,228 MEDIA -0- -0- -0- -0- -0- -0- 21,500 THEATER -0- -0- -0- -0- -0- -0- 16,610 ROOM RENTAL -0- -0- -0- -0- -0- -0- 23,340 PARKING _ '0-_ 0 - --- -0- �-' -0- - ---`fl -- _76,725 ONGOING REV- ENUE TOTAL ------------------------------------------------------------------------------------------------- 136,950 125,238 90,441 67,692 143,375 141,919 356,403 DEBT PAYMENT =0- -0- -0- -0- <1B2,200><182,000> <182,000> CUMULATIVE BALANCE 136,950 262,188 352,629 420,321 381,496 341,415 $ 515,818 Attachment -. � CONSTRUCTION PAYMENT/REVENUE SCHEDULE WITH METHANE MITIGATION POST CONST. 1/92 7/92 1/93 7/93 1/94 7/94 TOTAL 1/95 CONSTRUCTION I TINANCINGT. CONSTRUCTION PAYMENTS -0- 449,267 1,958,984 2,733,725 2,645,181 712,843 8,500,000 -0- EXISTING FUNDS 2,822,000 2,372,733 413,749 -0- --0- -0- 2,822,000 -0- AMOUNT LOANED FROM UNUSED COP'S -0- -0- -0- 2,319,976 2,645,181 712,843 5,678,000 $ 5,678,000 ------------------------------------------------------------------------------------------------ ONGOI„NG REVENUES(Library Service Fund) COMMUNITY ENRICHMENT LIBRARY FEE 30,000 30,000 52,500 52,500 123,000 123,000 198,000 INTEREST ON CELF/EXISTING FUNDS 106,950 95,238 27,316 14,794 19,961 16,885 16,505 MEDIA -0- -0-- -0- -0- -0- -0- 21,500 THEATER -0- -0- -0- -0- -0- -0- 16,610 ROOM RENTAL -0- -0- -0- -0- -0- -0- 23,340 PARKING - `0'- _._-0 _�._. 0- a-__ -0- -0- ? ,725 ONGOING REV- ENUE TOTAL ------------------------------------------------------------------------------------------------- 136,950 125,238 79,816 67,294 142,961 139,885 352,680 DEBT PAYMENT -0- -0- -0- -0- <225,000> <225,000> <225,000> CUMULATIVE BALANCE 136,950 262,188 342,004 409,298 327,259 242,144 S 369,824 Huntington Beach Library Expansion Project (Certificates of Participation - COPs) Building Costs $8,468,000 Funded : $3,442,000 Unfunded : $ 5,026,000 Annual Net Debt : $341 Cost vs. Revenues Costs $454,405 Revenues $464,064 0 100000 200000 300000 400000 500000 600000 Attachment 2 Projected Increased Costs $4541405 Operating Costs 35` $157,956 COP Annual Increase 42% 10,780 rsonnel 23% $105,669 Projected Increased Revenues $454,064 Media Services 9% $43,000 Theater 7% $33,220 Room Rentals 1( $46,680 Parking Meters 34% Interest 6% $27,714 nrich I -lb. Fee 33% $150,000 Attachment 3A Major Development Projects and Community Enrichment Library Fee Holly Seacliff Boisa Chica Meadowlark Ascon Waterfront Downtown Core Misc. Redevelopment Total • r 1.322 12..565 1.69 2.312 0 5 10 15 20 25 30 35 40 Square Feet (in Millions) Residential M Commercial/Indust. C E L F Q$.10 $3,354,260 : 0$.15 $5,031,390 Attachment 3B Enrichment Community Library Fee $600 Thousands by Fiscal Year o o a a + � � o I o:; � o J 0 J .. O J � pp o $4001' a y o ! o j _.. _ o ! I :J ! f io �:� N J �r 0 30 1 f �I N O O J O I J ":J •�''rF'j' O I ::i O J CO y 1 I �:1 I O :1 •i.i r-1 I �iti.•ri.�i 1 Q 111 I 20 0 J 1 �1 0 0 a :::: t t 0 :! I :1 :� J 100 � ..� ..J I a �J I f 0 91/2 92/3 93/4 94/5 95/6 96/7 97/8 98/9 99/0 00/1 01/2 02/3 Total for 1991-2003: $3,611,700 0 ,`ram Attachment 4 REQUEST FOR CITY COUNCIL ACTION Date March 25, 1991 T " 'Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator L L� Prepared by: Ray Silver, Assistant City Administrator gai Subject: Library Expansion Project Consistent with Council Policy? [ ) Yes ( ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: Although the entire Library Project is being designed, funding for the project needs to be determined. RQcommendatipM: 1. Approve Option 3 which includes the Huntington Beach Playhouse Theatre. 2. Direct staff to work with Stone & Youngberg to devise a specific financing package which will be returned to Council -for their approval. 3. Direct staff to return with the proposed fees described to finance Option 3, without requiring General Funds to pay the Bond Debt Service. 4. Direct staff to include in the I99I/92 Budget a Library Service Fund as provided in theMunicipal Code. This fund shall be ust-d solely to finance the Library Expansion Optica 3, uT-less specifically authorized by �'sie City Council for other purposes. Analvsis: At the February, 199), Mid --:'ear Budget Review, Council approved staff's recommendation that the Library Expansion Project be delayed. It was necessary to replace the revenue that would have beer. earned with the sale of Irby Park land. Staff has.reviewed the amount of funds which are presently being used to pay for the 1972 Library Mortgage Lease Revenue Bonds. By refinancing this bond issue, at a lower interest rate and staring a new twenty-five year .-ayback period, the: city can increase the amount of debt that the existing committed funds can finance. When this approach is coupled with new and existing revenue sources, as identified in this report, some or all of the Library expansion can go forward. This will occur without requiring any additional revenue from the General Fund or the Capital Improvement Fund. The new reveAues will come from increased room rentals.at the Library,_media-use_revenues, Community Enrichment Library Fees from known projects, auditoriums and theatre uses, and parking meter -instalIati_ o� a o nd the -Library. Page -2- Library Expansion Project March 25, 1991 A 40 Based upon the extent to which the city is able to adopt these new fees, staff is providing four options for Council's consideration. They are: 1. Option 1 -- Limited Library expansion including the following facilities - Children's programs, circulation area, lobby, Friends Book and & Gift Shop, storytime theater, media computer and technology center, 2 meeting rooms, additional space for books and study space - at a cost of $5,500,000 requiring $2,058,000 in additional funds. 2. Option 2 - All in Option 1, including 3 additional meeting rooms, catering kitchen, 320 seat auditorium, redesign of parking --including 714 spaces, and overlay a vacated section of Talbert Avenue - at a cost of $8,043,000 requiring $4,601,000 in additional funds. 3. Option 3 - All of the above plus the theater. This would provide a location for the Huntington Beach Playhouse, as well as other, theatrical dance and musical performances of a community nature - at a cost of $8,468,000 : equiring $5,026,000 in additional funds. 4. Option 4 - Postpone until funding available. Funding Source: The cost for the Library appraisal would utilize existing funds dedicated to the Library project, and the remaining construction funds would be generated by the issuance of COP's, The increased deb: service cost for the COP's will be funded from increased fees as described in the report. (4, Alternative Actions: I. Option 1 - Limited Library expansion including the following facilities -- Children's programs, circulation area, lobby, Friends Book and & Gift Shop, storytime theater, media computer and technology center, 2 meeti•..%- rooms, additional space for books and study space - at a cost of $5,S00,000 requiring $4058,000 in additional funds. 2. Option 2 - All in Option 1, including 3 additional meeting rooms, catering kitchen, 320 seat auditorium and redesign of parking ---including 714 spaces, overlay a vacated section of Talbert Avenue - at a cost of $8,043,000 requiring $4,601,000 in additional funds. 3. Option 3 - Postpone until funding available. Atta&hments: 1. Library Expansion Project Plans (in phases). 2. Library Expansion Project Funding Analysis. 3. Stone & Youngberg COP Financing Report. MTU/RS/RH:pf #0540q-b7 VL N 0 UPPER LEVEL. FLOO� PLAN OPTION 1: (Phase I) E-h-ildren's Programs Circulation Area Lobby Friends Book & Gift Shop x a o + 0 )0 1 01 0 h a LOWER LEVEL. FLOOR PLAN Storytime Theater Media Computer and Technology Center Two meeting rooms Additional space for books and study OPTION I : ( Phase' I ) I v Existing parking - no changes I y--W . i17 ^.o v LO IRE- 9U a :In uu v i n z Yk n' 7� x 1 7 � Yf� zW � 4 GFLADNC PLAN LOWER LEVEL FLOOR PLAN s W I OPTION II: Three additional meeting rooms, catering kitchen, 320 seat auditorium, redesign of parking including 714 spaces_ f'n' T K.A. A r -Z� ZD IS_bbb`.b- 6b - _ 7 C u I �It -n4 a., 2 7" OPTION 11; Parking Redesign of parking, including 73.4 spaces,. deletion of section of Talbert Avehue. Fr I =:, _�. -�-�•�;� :,�:.-�� CSC � �� v n ) Ill _ ^' �i } L' rT3 '.....-�..� ✓ IJ O UPPER LEVEL FL0017 PLAN LOWER LEVEL OPTION III: All programs, including a theater to accommodate the Huntington Beach Playhouse. IJ HUNTINGTON B5ACH LIBRARY EXPANSION PROJECT FUNDING ANALYSIS BUILDING COSTS OPTION I OPTION II OP'T`ION Ili OPTION IV PHASE I PHASE I & Il w/THEA'TER PHASE I $5,500,000 $5,500,000 Postpone PHASE II 1,343,000 Expansion PARKING (Estimated) 1,200,000 until THEATER _ 0 S 425,000 funds are available TOTAL $5,500,000 $8,043,000 58,468,000 Costs include: furniture and fixtures Please spe Attachment A for itemized costs option ;: Children's programs, circulation area, lobby, Friends Soak & Gift Shop, storytime theater, media computer and technology center, 2 mee'.ing zooms, additional space for books and study space. Option II: All in Option I, including three additional reeting rooms, catering kitchen, 320 seat auditorium, and redesign of parking, including 714 spaces, on vacated section of Talbert Avenue. Option III: All the above plus the theater. This wuuid orcvide a location for the E:untington Beach Playhouse and other theatrical, dance and musical performances. FUNDED P � Building Fund (PFC) $1,900,000 Cadital Improvement Fund 550,000 Park Acq. & Dev. Fund 292,000 Donations 700,000 TOTAL $3,442,000 1,900,000 550,000 292,000 700,000 $3,442,000 UNFUNDED OPTION I OPTION I1 $2.,05 OB 00 $2,543,000 TOTAL UNFUNDED 12,058,000 $4,601,000 u $1,900,000 550,000 292,000 + 700,000 $3,442,000 'T':.EATrR 52,96 000 $5,026,000 SUMMARY EXPENDITUREIREVEHUE; CERTIFICATES OF PARTICIPATION Proceeds Current Increase/ Increased Total Cost Building Avail. able from New New Annual Annual <Decrease> Personnel/ Increase increased Casts Funds Debt COPS Debt Debt. Annual Debt operatin_q <Decrease> Revenue Net Debt OPTION I 5,500,000 3,442,000 2,058,000 246,960* 399,000 <152,040> 49,040 <103,000> 60,024 <$163,024> (Phase I) OPTION 11 8,n13,000 3,442,C00 4,667,490 553,425 399,000 154,425 247,408 401,833 401,644 5 169 (Complete with auditorium) OPTION I_II 8,468,D00 3,442,000 4,880,157 589,780 399,000 190,780 263,625 454,405 454,064 $ 34:. 'Comp•l.ete with theater) *E,,tiv.ated teased on Stone & Youngberg Report of funding comple'.p expansion without then ter. E,pansioni.3-pg 2 r� `.r Na ~ Huntington Beach Library Projected Decreased Costs Expansion Project �$1032'000> Decreased Cost and Revenue Projections COP Annual Decrease : <$15 2, 0 4 0> Personnel : $85,314 Option I Buiiding costs Operating Costs $115,766 $5,500,000 Funded $3,442,000 Unfunded : $ 2,058,000 Annual Net Debt Decrease <$163,024> Costs vs. Revenues Projected Increased Revenues $60,024 Cost Decrease : <$10 3, 0 0 O> Media Services : $43,000 Revenue Increase ; $60,024 Room Rentals : $13,360 Interest : $3,664 Huntington Beach Library ~ Expansion Project Increased Cost and Revenue Projections Option II Building Cost;, $8,043,000 Funded : $3,442,000 Unfunded : $ 4,601,000 Annual Net Debt : $189 I Cost vs. Revenues w ti: Costs $401.833 Revenues $401,644 0 100000 400000 300000 400000 600000 Projected Increased Costs $401,833 COP Annual Increase 98% S154,425 Operaling Costs 36k $151, 739 rsormel 24% S95,a89 Projected Increased Revenues $401,644 Pa.ktng Meters 29% 5t17,4bD tvlBtli9 $ervIC05 11% 543,000 Interest B% Autlltorlum 5% $24.514 $20, 000 Room Rentals 12% $4e,s8o Gom. tnrlch Lit) Foe 37% $150.000 Huntington Beach Library Expansion Project Increased Cost and Revenue Protections Option III Building Costs $8,468,000 Fundf-d : $3,442,000 Unfunded - $ 5,025,000 Annual Net berA : $341 Cost vs. Revenues Costa S464.406 Revenues $464.064 0 100000 200000 300000 400000 600000 600000 Projected Increased Cost $454,405 Owatlr.Y Costs 35% S157,956 CAP Ann-jal Increase 42% '�.� $190.780 Personnel 23% $105, 659 s Projected increased Revenues $454,064 Parking Meters 34% $163.460 Media Services 9Sr $ 4 3.000 Theater 7% S33,220 Room Rentals i $4 8.880 Interest 8% $27.714 :nrlch Ut) Foe 33% $150.000 101) 1. Room Rentals Talbert Room Balboa Room New Meeting Rooms A B C D E TOTAL DETAILED INFORMATION ON POST CONSTRUCTION REVENUE Option I Option 11 & III Option I Option II & III Current P_Loj.!Ired Projected Increase Increase $13,320 $13, 320 $13,320 $ -0- $ -0- 6,680 6,680 6,680 -0- -0- -0- 6,680 6,680 6,680 6,680 -0- 6,680 6,680 6,680 6,680 -0- 13,320 -0- 13,320 -0- 13,320 -0- 13,320 -0- 6,680 -0- _ 6,680 $20,000 $33,360 $66,680 $13,360 $46,680 Currently the library has two meeting rooms generating $20,000. The expansion rooms are various sizes and revenue is projected based on the uses of the current rooms. Due to lack of convenient parking, and booking availability, clients have been turned away. The expansion includes five additional rooms with catering facilities and convenient parking. City sponsored organizations are not charged. Twenty hours a week for a temporary clerk have been included under personnel costs for room reservations. 2. f J Media Videos Compact Discs Computer Stations Fines Equipment TOTAL OPTIONS I - II - III Revenue Current Projected Increase 21,500 26,875 5,375 21.,00u 26,875 5,875 6,600 35,750 29,150 9,000 11,500 2,500 1,900 21000 100 60,000 103,000 43,000 The increased circulation and revenue For videos and compact discs is a result of the expanded space for growth of the collection, improved visibility of the Media Department due to relocation to the main entrance and the increase in hours Media Services is open per week from 48 to 60 hours (25% increase). Ten additional computer stations will be added to meet patron demand for personal computers. The computer stations currently generate $2,200 each. We anticipate a 25% increase in usage due to the increased visibility and the expanded hours of service. It is anticipated that each of the 13 stations will generate $2,750 per unit. One 20 hr. temporary clerk will be added to staff expanded hours. Computer stations will cost $2,800 each to purchase. The itemized operating expenses are included in Attachment B. Exp nsfon7-3-pg.4 -11- Major Development Projects and Community Enrichment Library Fee Holly Seacliff Bolsa Chica Meadowlark Ascon Waterfront Downtown Core Misc. Redevelopment Total 12 5565 1.322 1.26 t 2.534 + 1.69 i 2.312 33.543 0 5 10 15 20 25 30 35 40 Square Feet (In Millions) Residential M Commercial/Indust. CELF 0$.10 $3,354,260 : @$.15 $5,031,390 community Enrichment Library Fee. FY84/85-89/90 Average Projected Increase 300,000 450,000 150,000 This fee was approved to assist the library in meeting the growing demand for library services as a result of development. it is assessed per square foot during building permit application. From FY 84/85 through 89/90, the fee has fluctuated from $175,000 to over $450,000. The average is $300,000. The recommendation is based upon Municipal Code Chapter 3.40.100 to establish a special capital outlays fund entitled Library Service Fund be set aside. «All proceeds from the tax, penalty, and interest collected under this chapter shall be paid into a special capital outlays fund of the City entitled: 'Library Service Fund' for acquiring, constructing, equipment, maintaining, and staffing of libraries..." if the community enrichment library fee was placed into a separate, cumulative interest bearing account, the library revenue would be increased and secured .for futilre bond debt payments. Current fee is at j.10 per square foot. Municipal code allows fee to be $.15. If fee was increased from $.10 to $.15 (50%), the annual average would increase $150,000 (300,000 x 50%) = 150,000. Although there is a current building slowdown, Holly Seacliff and Balsa Chica and other major developments in the next ten to fifteen years hill affect the library and be assessed the fee. The demand for libary services is related to three factors which the above developments meet: 1) proximity; 2) education; and 3) income. Any additional, requests for staffing will be a direct result of development, not the library expansion.) COMMUNITY ENRICHMENT LIBRARY FEE Increases from Major Development Projects Development Residential Cam:ercial/ Total SF Conrnunity Enrichment Library Fee Industrial Units Avg -SF Total SF 5.10 SAS Increase Holly Seacliff 4,400 2,500 11.000,000 860,000 ii.860,000 1,186,000 1,779,000 593,000 Bolsa Chica 5.700 2.200 12.540.000 25.000 12.565,000 1.256,500 1,884,750 628,250 Meadowlark 600 2,000 1.200.000 122,000 1.322.000 132,200 196,300 66.100 Ascon 600 2,100 1.260.000 0 1,260,000 126,000 i89,000 63.000 Waterfront 639 2,000 1,278.000 1,255,%) 2,533.600 253,360 380,040 126,680 Downtown Core 800 1,800 1,44C,000 250,000 1,690,000 169,000 253.500 64,500 Kiscellaneous 1,200 1,800 2.160,000 152,000 ',312,000 ?31,200 346,800 115,600 Redevelopment Total _ 13,939 2,215 30,878,000 2.664.600 33.542.600 3.354.260 5,031,390 1,677.130 CELF @ 5.10 $3,354,260 @ $.15 5,031,390 11,677,130 Increase Expansion -2-peo. S - l .s- 4. Interest The PY89190 revenue (see Attachment C for itemized list) will generate $48,250 in interest. ($798,680 x 6.5%) Option I interest is projected to be $51,914. ($742,320 x 6.5%). Option II interest is projected to be $72,764 ($1,119,450 x 6.5%): Option III interest $75,964 ($1,168,670 x 6.5%). 5A. Auditorium (Option II) - Uses: Library support groups, city departments, genealogy, arts, piano recitals/musical events, exhibits, parties, film series, weddings, lectures, business meetings, receptions, dance recitals, actors' workshops, literacy, library fund- raising, classroom instruction. Current Projected Increase 0 20,000 20,000 Eight local auditoriums were surveyed to determine booking rate, fees, size and users. All were booked heavily with reduced availability for the general public. Fees averaged $60.00 to $300.00 per hour. I?nnu.al average revenue of these auditoriums with similar patterns of usage is approximately $20,000. City sponsored programs will remain free. 5B. Theater (Option III) - Uses: Huntington Beach Playhouse, professional performances. Current Projected Increase Lease 0 Ticket Sales *Other Rental Total 10,000 10,000 9,900 9,900 131320 231320 33,220 33,220 The Huntington Beach Playhouse is currently paying approximately $8,000 at its present location_. Gisler School. They would agree to an additional $2,000 to be relocated due to facility, parking and location. In addition, a City fee of $1.10 (or more) would be charged per ticket. 60 Performances x 150 Tickets per performance (average) 9,000 Tickets x$1.10 City Fee $ 91900 Additional revenue *Theater would be used by the Huntington Beach playhouse one third of the time. Revenue would be $13,320 the other two thirds, based on the $20,000 projected in 5F above_ Twenty hours per week of Maintenance Worker have'been included under Option II personnel costs for theater sound, light system and general assistance. -14- Erpanslon7-3—pg.6 6e Parking The expansion parking plan Eliminates a section of Talbert Avenue between Golden West and Gothard Streets. This section would then be developed as parking. Additionally, the plan allows for more access to Central Park and outdoor cultual activities. Of the 714 spaces, 261 (option 1) or 341 (Option 71I) will be metered at .$25 per hour. Citywide meters average $450 net annually. Option I Option II Option III. No metered spaces 261 Metered spaces 341 Metered spaces x 450 Net annual revenue x 450 Net annual revenue $117,450 $153,450 *(The library currently has four meters which generated $525 each in 1990). 91 In Option I, we do not recommend adding meters to existing parking because there are many complaints about parking. Option i does not change existing parking conditions and to add parking meters without solving the parking concerns of convenience and accessibility, would further irritate patrons. -15- a-parision7-3-pg-7 LIBRARY EXPANSION -- CERTIFICATES OF PARTICIPATION (COP'S) Q" e' JUSTIFICATIONS 1. COPS - USING THE LIBRARY TO FINANCE THE LIBRARY. 2. ATTRACTIVE INTEREST RATES. 3. GOOD CONSTRUCTION BID ENVIRONMENT. 4. MORE ECONOMICAL TO BUILD ENTIRE PROJECT WITHOUT PHASES (25L40% SAVINGS DEPENDING ON PHASE II COMPLETION) 5, CITY MAY NOT HAVE CAPITAL FUNDS FOR YEARS. WITH COPS, WON T NEED ADDITIONAL CAPITAL FUNDS WHICH CAN GO TO OTHER PROJECTS. b. REVENUE GENERATED FROM EXPANSION WILL OFFSET INCREASED ANNUAL PAYMENT. 7. MOMENTUM: KEEP PEOPLE ACTUALLY WORKING FOR AND DONATING TOWARD PROJECT. 8. FUNDING PROPOSAL DOES NOT CONSIDER FUTURE FUND-RAISING) I.E., DONOR'S CATALOG, FUND-RAISING CAMPAIGN FOR FURNITURE, EQUIPMENT, W DONOR RECOGNITION, ETC. UPON CONSTRUCTION, DONATIONS WILL INCREASE. 9. ONGOING LIBRARY SUPPORTERS ANNUAL FUND-RAISING FRIENDS OF THE LIBRARY $ 50,000 LIBRARY PATRONS FOUNDATION 40,000 FRIENDS OF THE CHILDREN`S 5,000 LIBRARY DONATIONS 10,000 TOTAL $105,000 10. LAST YEAR, LIBRARY VOLUNTEERS DONATED 25,000 HOURS ANNUALLY, SAVING THE CITY $350,000 IN PERSONNEL COSTS. EXPANSION WILL ENCOURAGE MORE VOLUNTEERS. 11. IF DEFERRED, PROJECT WILL COST MORE IN FUTURE. 12. $700,000 IN DONATIONS TO DATE FROM PEOPLE WHO EXPECT PROJECT TO BE STARTED NOW! 13. COMMUNITY RELATIONS: BUILDING AN EDUCATIONAL FACILITY IS POSITIVE FOR CITY IMAGE. ,4. ADJACENT HOLLY SEACLIFF, BOLSA Cr'HICA HOMES AND OTHER MAJOR DEVELOPMENTS WILL INCREASE DEMAND ON LIBRARY, SO, IT MUST EXPAND TO ACCOMMODATE GROWTH. czpansion6-16 -- -16 - STONE & YOUNGBERG M`MR-_RS PAC I PC:iiOCK ExG1PtiGE February 28, 1991 Mr. Ron Hayden Huntington Beach Library 7111 Talbert Avenue Huntington Beach, California 9264E Dear Ron - Enclosed is the preliminary analysis you requested regarding a COP fi:ancing for Library improvements and a concurrent refunding of the outstanding 1972 Library Mortgage Lease Revenue Bonds- Due to the low interest rates on the outstanding bonds (5% to 5.75%), it is most cost-effective to fund an escrow which will defease the outstanding bonds to maturity (a deposit of U-S. Treasury securities which will be sufficient to make ,ill of the remaining scheduled debt ,service payments on the old bonds). The alternative of actually calling ttie outstanding bonds and paying a premium would increase the size of the bond Issue by -oproximately $130,000 and increi+sethe auinu.tl debt service payment;. ;)y approxiazuitely $10,000- I have assumed that the new COPS would carry an A rating from Moody's and that only the reserve fund was available from the. 1972 bonds ($404,250). I have also assumed a one year construction scl:Pdule and interest earnings on the construction fund and new reserve fund at 6.5% during the construction period. Finally, I assumed that either the existing Library or the Library plus othtr unm-urtnbered City -owned buildings would have sufficient vaiue tr. be the subject of the COP lease. if that proves not to be true, the size of the COP will have to he increased to accomodate approximately 18 months of capitalized interest That would inc:e-ase the size of the issue by mother$650,000 and the annual debt service zequirernents by approximately $60,000. The following table illustrates the key duner-clans of financing for the two scenarios you have presented: Piu- Amount of COPS Net Annual Debt Service Net Construction Fund Refunding Escrow Library Expansion Project COP OPTION I (W/O 'THEATER) $7,00.5,000 $553,425 $4,467,490 $2,170,945 OPTION If (WITH THEATER) $7,465,000 $589,780 $4,880,157 $2,170,945 ONE CFAL:FOa[JIA S'tiEET - SAN FRANCiSCO. CAUFORNIA 94111• t415,'981-1314 -17- M.F. Ron I111"den :,nary 28, 1991 The average interest cost I have assumed for both financings is approximately 6.95%. 1 have assumed costs of issuance of $T.),000 and an underwriting discount of 1.5% Of course, the interest cost and underwriting discount can change significantly depending on market conditions at the tune of sale. Each COP includes a debt service reserve fund equal to maximum annual debt service. I hope this information is helpful to you. I have included the detailed schedules which were developed to support the analysis. Please call me if you have any questions about this inaterial or anything else related to your project's financing needs. Attachments Sincerely, B -Is- 10i0Bi91 08:16 HARRIS 3 ASSOCIATES 003 8,456,958 224,205 23 99 43,042 233 43,042 24 100 0 0 TOTAL INTEREST PAYMENTS 529,479 ******* SLOW START/FAST FINISH CUMULATIVE INCREMENT PAY CUMMULATIVE BALANCE RETURN ON COST ------------------------------------------------------------------------------- COST PERIOD PERCENTAGE RZMAINING BALANCE 30,078 30,078 1 0 8,469,922 45,879 117,646 87,568 2 1 8,382,354 45,404 258,708 141,062 3 3 8,241,292 44,640 449,267 190,559 _A-- 5 8,050,733 43,608 685,327 236,060 5 8 71814,673 42,329 962,891 277,564 6 11 71537,110 40,826 1,277,962 315,071 7 15 7,222,039 39,119 1,626,543 348,582 B 19 6,873,457 37,231 2,004,639 378,095 9 24 6,495,362 35,183 2,408,251 403,613 10 - 28 61091,749 32,997 2,833,364 425,133 11 33 5,666,616 30,694 3,276,041 442,657 12 39 5,223,959 28,296 3,732,226 456,285 13 44 4,767,774 25,825 4r197,941 465,715 14 49 4,3021059 23,303 4,669,190 471,249 15 55 31830,811 20,750 5,141,976 472,787 60 3,358,024 18,189 5,612,302 470,326 �26-- 17 66 2,887,699 15,642 61076,172 463,871 18 71 2,423,828 13,129 6,529,590 453,418 19 77 lf970F410 10,673 6,968,557 438,967 20 82 1,531,443 81295 7,389,080 420,523 21 87 1,110,921 6,017 7,787,157 398,078 22 92 712,B43 31861 8,150,797 371,640 23 96 341,203 1,848 81500,000 341,203 24 100 V 0 TOTAL INTEREST PAYMENTS 613,742 ie�% r f jI 15: 43 HARR 1 S 8 ASSOCIATES 003 71462,022 109,592 23 99 37,978 206 71500,000 37,978 24 100 0 0 i TOTAL INTEREST PAYMENTS 467,188 SLOW START/FAST FINISH ******* CUMMULATIVE INCREMENT PAY CUMMULATIVE BALANCE RETURN ON COST ------------------------------------------------------------------------------- COST PERIOD PERCENTAGE REMAINING BALANCE 26,539 26,539 1 O 7,473,461 40,481 103,805 77t266 2 1 7,396,195 40,063 228,271 124,466 3 %� 3 7,271,729 39,389 ,396=412- 168,.142_.__ -4�y 5 71103,588 38,478 604,700 2081288 5 8 6,895,300 37,350 849,609 244,909 6 11 6,650,391 36,023 11127,613 278,004 7 i5 6,372,387 34,517 10435,185 307,572 8 19 6,064,815 32,851 1,768,799 333,614 9 !/ 24 5,732,201 31,044 2.124,928 356,129 10 28 5,375,073 29,115 2,500,045 375,118 11 33 4,999,955 27,083 2,890,625 390,580 12 39 4,609,375 24,967 3,293,141 402,516 13 44 4,206,859 22,787 31704,066 410,925 14 49 3,795,935 20,561 4,119,873- 415,808 15 7��3 55 3,360,127 16,309 4,,537,038 4.17,165_ 16_ 60 2,962,963 16,049 4,952,031 414,993 17 66 2,547,970 13,802 513611328• 409,298 18 71 2,138,672 11,584 51761,403 400,075 19 77 1,738,597 9,417 61148,727 387,324 20 82 1,351,273 7,319 6,519,776 371,049 21 87 980,224 5,310 351, 245 2,2�� 92 628,979 3,407 7,198,939 327,918 23 96 301,062 1,631 7,500,000;, 301,062 24 100 0 0 TOTAL INTEREST PAYMENTS 5410537 SAMPLE CITY FUNDED C P TR CTI N CONTRKT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE CONSTRUCTIQ)N OF THE LIBRARY EXPANSION PROJEE THIS AGREEMENT is made and entered into on this day of , 1991, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and corporation, hereinafter referred to as "CONTRACTOR." a California WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of the Library Expansion Project in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF LIM ; , ACCEPTANCE OF , RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered -14- SAMPLE ONLY in the prosecution of work, and for all other risks of any description connected 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 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 Sheets). 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. -15- SAMPLE ONLY "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of StandardSpecifications for Public WQrkEi CgDatsuction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its -16- SAMPLE ONLY 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 of as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public works, excluding delays provided for in Section 11 herein. 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 -17- SAMPLE ONLY 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 Section 4 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by -18- SAMPLE ONLY 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 site 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 perform- ance of this Agreement, furnish the following 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 and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to -19- SAMPLE ONLY 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 as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, 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 PROTECT. 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 in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working days delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the -20- SAMPLE ONLY 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. 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 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 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 -21- SAMPLE ONLY the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING 5ITE ONDITI N (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 -22- 5AMPLE ONLY therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED_QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in 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. PROGRE5S_PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. -23- SAMPLE ONLY 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 in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHH D CONTRACT EUNDS, $V5$T1TUTION OF SEgURITIES 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 Section 13 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 -29_ SAMPLE ONLY 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 F 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. NDEMN FIC T N D FE E L H RMLE 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 willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said -25- SAMPLE ONLY 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 such 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, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance shall name the CITY, its -26- SAMPLE ONLY officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than Three Million Dollars ($3,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than Three Million Dollars ($3,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. BUILDER'S RISK AND INSTALLATION CONSTRUCTION COVERAGE CONTRACTOR will procure a "Builder's Risk and Installation Construction Coverage" insurance policy for the work of this contract. Coverage must name the CITY as insured and shall include all perils coverage with a face value equal to the amount of the Contract. Such policy, to be obtained after acceptance of bid, must be approved by the CITY'S Risk Manager and must be on file in his office prior to the execution of the Contract by the CITY. 22. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19, 20 and 21 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently -27- SAMPLE ONLY in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance 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. 23. 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 -28- SAMPLE ONLY 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. 24. 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. 25. 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. 26. 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. 27. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an --29- SAMPLE ONLY 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. 28. 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. § 1324a regarding employment verification. 29. 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. 30. CALIFQRNIA PREVAILING WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the state of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public works Agreement, as required by California Labor -Code § 1771 and § 1774. In -30- SAMPLE ONLY accordance with the provisions of § 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 31. CALIFORNIA PREVA I L I NCQ WAGE LAW _ = PENALTY Pursuant to Section 30 of this Agreement and in accordance with § 1774 and § 1775 of the California Labor Code, CONTRACTOR shall, as a penalty to CITY, forfeit Twenty -Five Dollars ($25.00) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 32. 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. REST OF PAGE NOT USED -31- SAMPLE ONLY 33. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: By Its By Its ATTEST: City Clerk REVIEWED AND APPROVED: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: City Administrator Director of Public Works 283:9/12/91:PDA -32- SAMPLE ONLY CITY OF HUNTiNGTON BEACH INTER -DEPARTMENT COMMUNICATION e+�wRHcux� aF�Cn To MICHAEL T. UBERUAGA From ROBERT J. FRANZ City Administrator Deputy City Administrator Subject FINANCING — LIBRARY Date OCTOBER 14, 1991 EXPANSION PROJECT This memorandum will outline the reasons for the proposal to utilize up to $5,000,000 of unused Certificates of Participation (COP) proceeds as temporary financing for the Library Expansion Project. These COP proceeds (total . $10.2 million) are available due to the cancellation of the North of the Pier Parking Project. The unused COP proceeds will ultimately be used for City capital improvement projects or will be refunded. PERMANENT FINANCING _ LIB,RARY EXPANSION PROJECT The permanent financing for the Library Expansion Project is a refinancing of the 1972 Public Facilities Corporation (PFC) debt on the Library. The estimated new annual debt service for this approach is $589,780 compared to current debt service of $399,000. The $190,780 increase in annual debt service cost would be paid from the new Library Service Fund revenues. This financing approach was approved by the City Council in March of 1991 and could be implemented now. A delay.in implementation of this permanent financing approach has been recommended for the following reasons: 1. From a cash management point of view, it is not recommended that new COP debt be issued when proceeds of a prior COP issue have not yet been utilized or allocated. To do so would increase annual debt service unnecessarily. 2. Any new COP issue requires a pledge of General Fund resources as .security for the annual debt service payments even if other revenues are "earmarked" for debt service payments. Due to the current General Fund shortfall, rating agencies could lower the City's bond rating upon issuance of a new debt issue. This would result in higher annual debt service payments compared to issuance at current City bond ratings. 3. Total costs for the Library Expansion Project are unknown until a construction contract is awarded, parking, Talbert Avenue, and methane mitigation issues are resolved. PROPOSED TEMPORARY FINANCING — LIBRARY EXPANSION PROJECT It is proposed to use up to $5,000,000 of the unused COP proceeds as temporary financing. This would allow a delay in the issue of permanent COP's and would delay the increase in annual debt service payments. The temporary financing can be viewed as a construction loan or "line of credit" upon which interest would be paid as funds are used. The interest rate on the funds used can be set by the City Council at the same rate as the City's investment portfolio earnings, thereby assuring that there is no loss in interest earning revenue to the unused COP fund. FINANCING - LIBRARY EXPANSION PROJECT Conclusion: The permanent financing approach can be implemented at any time. Staff recommendation is: 1) Use up to $5,000,000 of unused COP`s for temporary financing of the Library Service Project and, 2) Delay the implementation of permanent financing until the completion of the Library Expansion Project or at such earlier time that the $10.2 million of unused COP proceeds are needed for either refunding or use for City projects. RJF:skd -2- WPADSERT:605 SECTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GENTOSI BROS., INC., FOR THE CONSTRUCTION OF THE CENTRAL LIBRARY EXPANSION PROJECT TABLE OF CONTENTS PAGE STATEMENT OF WORK; ACCEPTANCE OF RISK. . . . . . . 1 ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS . . . . . . . . . . . . . . . . 2 COMPENSATION . . . . . . . . . . . . . . . . . . . 4 COMMENCEMENT OF PROJECT . . . . . . . . . . . . . . 4 TIME OF THE ESSENCE . . . . . . . . . . . . . . . . 4 CHANGES . . . . . . . . . . . . . . . . . . . . . . 5 NOTICE TO PROCEED . . . . . . . . . . . . . . . . . 6 BONDS. . . . . . . . . . . . . . . . . . . . . . . 6 WARRANTIES . 6 INDEPENDENT CONTRACTOR . . . . . 7 LIQUIDATED DAMAGES/DELAYS. . . . . . . . . . . . . 7 DIFFERING SITE CONDITIONS . . . . . . . . . . . . . 9 VARIATIONS IN ESTIMATED QUANTITIES . . . . . . . . 9 PROGRESS PAYMENTS . . . . . . . . . . . . . . . . . 10 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES . . . . . . . . . . . . . . . . . . . 11 AFFIDAVITS OF SATISFACTION OF CLAIMS . . . . . . . 11 WAIVER OF CLAIMS . . . . . . . . . . . . . . . . . 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS. . . . . . 12 WORKERS' COMPENSATION INSURANCE. . . . . . . . . . 12 INSURANCE . . . . . . . . . . . . . . . . . . . . . 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT . . . . . . . . . . . . . . . . 14 DEFAULT AND TERMINATION . . . . . . . . . . . . . . 15 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS . . . . . . . . . . . . . . . . . . 15 NON -ASSIGNABILITY . . . . . . . . . . . . . . . . . 16 CITY EMPLOYEES AND OFFICIALS . . . . . . . . . . . 16 STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS . . . . . . . . . . . . . . . 16 IMMIGRATION . . . . . . . . . . . . . . . . . . . . 16 NOTICES . . . . . . . . . . . . . . . . . . . . . . 17 CAPTIONS . . . . . . . . . . . . . . . . . . . . . 17 CALIFORNIA PREVAILING WAGE LAW . . . . . . . . . . 17 CALIFORNIA PREVAILING WAGE LAW - PENALTY . . . . . 18 ENTIRETY . . . . . . . . . . . . . . ... . . . . . 18 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GENTOSI BROS., INC. FOR THE CONSTRUCTION OF THE CENTRAL LIBRARY EXPANSION PROJECT THIS AGREEMENT is made and entered into on this 12th-~ clay of FEBRUARY � 1992, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and GENTOSI BROS, 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 the construction of the Central Library Expansion Project in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT QIE WORK_ AC(;EPTAN!QE QIE RI$K CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks -1- of any description connected 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 under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is on the basis of a value earned report. 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIQNS 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. -2- "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard_Specif-icationa for Public Worhs ConstgugtiQn, published by Builder's News, Inc,., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its -3- 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 Five Million Eight Hundred Thirty Thousand and no/100 Dollars ($5,830,000.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMNCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within Five Hundred Fifty (550) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public works, 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 1XIC prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working•on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by -5- 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. NOg!IC TO EROCEED 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 site 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. BOND CONTRACTOR shall, prior to entering upon the perform - ante 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 fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES . The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to -6- 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 as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, 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 One Thousand and no/100 Dollars ($1000.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which sum 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 -7- 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. 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 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 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 Em commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING ,SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED OUA12TITIES The quantities listed in the bid schedule will not govern IM final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds -10- 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 in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WJTHHELD 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 and provisions of this agreement. 16. AFFIDAVITS OF SATISFACTIQN QF_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 -11- full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLLY HAAR i%E5$ 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 willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. 19. WORCE S' COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it -12- will comply with all such laws and provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such 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, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as -13- determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of -14- 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. 22. DEFAULT AND TERMINATI-0 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 to be 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 OJHERDQCUMENTS 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 -15- Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND O F A CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100.00) 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. IMM RA I N CONTRACTOR shall be responsible for full compliance with -16- the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28. 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. 29. 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. 30. CALIFORNIA PREVAILING WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem rates and general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement, as required by California -Labor Cpde § 1771 and § 1774. In accordance with the provisions of § 3700 of the California Labor Wig, CONTRACTOR agrees to secure payment of compensation to every employee. -17- Pursuant to Section 30 of this Agreement and in accordance with S 1774 and S 1775 of the California Labor Code, CONTRACTOR shall, as a penalty to CITY, forfeit Twenty -Five Dollars ($25.00) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 32. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: GENTOSI BROS., INC. a California corporation Richard M. Dalton, Executive Vice President Ju y Nfitson, Secretary ATTEST: wag SR ity _ r REVIEWED AND APPROVED: City Adminilf rator CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor APPROVED AS TO FORM: �0 �y City Attorney NITIATED ACID APPROVED: for of Public Works -18- Bond No. SUR 15 11 19 PREMIUM: $56,244.00 GOLDEN EAGLE 1Ns CE COWANY PERFORMANCE BOND CALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS, That we, GENTOSI BROS., INC. Band premium Used 0M 9'inal Contrast Prits �P�OVED GAIL 8UTi0N Tp fi0 ! Dept: ozl"W and GOLDEN EAGLE INSURANCE COMPANY a Corporation organized and existing under the laws of the State of — CALIFORNIA and authorized to transact surety business in the State of California. as Surety. are held and firmly bound unto CITY OF HUNTINGTON BEACH � (hereinafter called the Obligee), in the sum of FIVE MILLION EIGHT HUNDRED THIRTY THOUSAND DOLLARS AND NO/ 100------------ -------------------------------------------------------------- Dollars ($ 5, 830, 000. 0Q, for the payment whereof well and truly to be made and we each'of us bind ourselves. our heirs, executors, ad- ministrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that. Whereas. the above named bounded principal entered into a contract dated FEBRUARY 7 19 92 with the said Obligee to do and perform the following work, to wit: CONSTRUCTION OF THE CENTRAL LIBRARY EXPANSION PROJECT FOR THE CITY OF HUNTINGTON aEACH a copy of which contract is or may be attached hereto. and is hereby referred to and made a part hereof. NOW, THEREFORE, if the above bounden principal shall well and truly perform the work contracted to be per- formed under said contract, then this obligation to be null and void, otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said Obligee_ SIGNED AND SEALED this 6TH day of FEBRUARY , 19 92 GOLDEN �.�, rincipa GOLDEN EAGLE INSURANCE CCMPA19Y EXECUTIVE OFFICES San Diego. California POWU Of ATTORMET KNOW ALL MEN BY THESE PRESENTS. That the Gotden Eagle Insurance Company, a Corporation duly organized and existing under the laws of the State of California, having its principal office in the City of San Diego, California does her" nominate, constitute and appoint. --->ERIN KEBERT<--- its true and lawful agent and attorney - in - fact, to make, execute, seal and deliver for and an its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the pen&( sum of any one such instrument executed hereunder shall not exceed the sum of any and all bonds and undertakings. provided the amount of no one bond or undertaking exceeds five million dollars 165.000,000.00). This power of attorney is granted and is signed and sealed by facsimile wider and by the authority of the following Resolution adopted by the Board of Directors of the Gotden Eagle Insurance Company at ■ meeting duly called and held on April 10, 1984 which said Resolution has'not been amended or rescinded and of which the following is a true, full and corroete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -In -fact to represent and act for and on behalf of the Conpany, and either the President or Secretary, the Board of Directors or Executive COmIttee may at any time remove such Attorneys -In -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys - In - Fact may be given full power to execute for and in the name of and on behalf of the Company shy and all bonds and undertakings as the business of the Company my require, and any such bonds or undertakings executed Dy any Such Attorney - In -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Secretary.' IN WITNESS WmEREOF, the said Colden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seat affixed. this February 8, 1991 GOLDEN COMPANY STATE OF CALIFORNIASANIEO !�f /Ty�g,' COUNTY Of SAN DIEGO SS'By• Mi gel E. J Pr silent On this 8th day of February 1991. before the subscriber, a Notary P is of the State of California, in and for the County of San Diego, duly commissioned and qu.atified, came Michael E. Jame, President of GOLDEN EAGLE INSURANCE COMPANY, to me personatly known to be the individual aril officer described in and who executed the preceding instrument and he acknowledged the execution of the aanw. and being by me duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seat of the said instrument by the authority and direction of the said Corporation. IN uITNESS wnEREOF. I have hereunto set dry hard and affixed my Official Seal, at the City of San Diego, the day and year first above written. ward ��-ter-• STATE OF CALIFORNIA � - �� OFFICIAL t:rAL l COUNTY OF SAN DlEGO 6S; �� '• • �- EP N MLEIEN., hOTApT . ;IL C-CAu,,:kN1A N . - i Fti P C]PAL OfFC1 S1NOLEGOC.OuNV. \ w-o 4yComm k■p A g t- 171? Notary Public 1 the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, 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, and has not been revoked. IN WITNESS UmEREOF I have hereunto subscr 6TH dy of �'E$RUARY 9 fed my Home as Secretary, and affixed the Corporate Seat of the Corporation, this „l�L -•� / Vr LARRY G. MABEE, Secretary Bond No. SUR 15 11 19 WLDEN EAGLE PREMIUM INCLUDED NS CE COWS PAYMENT BOND CALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS, That we, as Principal, and GENTOSI BROS., INC. GOLDEN EAGLE INSURANCE COMPANY Bond Premium Based CIM Final Contract Prim APPROVED AS TO FORK.-7 GAIL HtUTTOA( 4RRE] Bf. Attorney a Corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH ,as Obligee, in the aggregate total of TWO MILLION NINE HUNDRED FIFTEEN THOUSAND DOLLARS AND NO1100- -------------------------------- __-------_--_--__ -- Dollars (S2,915.000.09, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, ad- ministrators, successors and assigns, jointly and severally. firmly by these presents. WHEREAS, the Principal has by written agreement dated entered into a Contract with FEBRUARY 7, 1992 THE CITY OF HUNTINGTON BEACH for CONSTRUCTION OF THE CENTRAL LIBRARY EXPANSION PROJECT FOR THE CITY OF HUNTINGTON BEACH NOW, THEREFQRE, if the Principal or his subcontractors. shall fail to pay any person named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any person named in Section 3181 of the Civil Code of the State of California, or for any amounts required to be deducted. withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and his subcontractors pursuant to Section 13020 of the Unemployment In- surance Code, with respect to such worts and labor, the Surety will pay for the same in an aggregate amount not ex- ceeding the sum specified in this bond, and also, in case suit is brought upon this bond. a reasonable attorney's fee, to be fixed by the Court in accordance with Section 3250 of the Civil Code of the State of California. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to such person or his assigns in any suit brought upon this bond. SIGNED AND SEALED this 1g 92 6TH day of FEBRUARY G T� I %BR NC. Principal GOLDEN mladINSURANCE COMPANY By ERrX HEBERT, Attorney -in -tact GOLDEN EAGLE I1115LO NCE COMPANY EXECUTIVE OFFICES San Diego, California P0I1EN Of ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the Golden Eagle Insurance Company, a Corporation duly organized and existing under the laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint: --->ERIII HEBERT4... Its true and lawful agent and attorney - in - fact, to rake, execute, seal and deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of any and sit bonds and undertakings, provided the amount of no one bond or undertaking exceeds five mitlion yollars ($5,000,000.00). This power of attorney is granted and is signed and sealed by facsimile wider and by the authority of the following Resolution .,oapted by the Board of Directors of the Golden Eagle Insurance Coepanty at a meeting duly called and held on April 10, 1984 which .�jtd Resolution has not been amended or rescinded and of which the following is a true, fult and couplete copy. "RESOLVED: That the President or Secretary my from time to time appoint Attorneys - In - fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys - In - Fact and revoke the Power of Attorney given him or her: and be it further RESOLVED: That the Attorneys - In - Fact way be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may rewire, and any such bonds or undertakings executed by any such Attorney -In -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Secretary." :N WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its zorporate seal affixed. this February 8, 1991 GOLDEN CE CCWANY >fATf OF CALIFORNIA .UUNTY OF SAN DIEGO SS' BY* tl Mi del E. J Pr sident 7 � )n this 8th day of February t991, before the subscriber, a Notary P is of the State of California, in and for the County of San iiego, duty commissioned and qualified, canna Michael E. James. President of GOLDEN EAGLE INSURANCE COMPANY, to one personally known 'o be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the .yn, end being by ate duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, end that the seal affixed o the preceding instrument is the Corporate Seal of the said instrument by the authority and direction of the said Corporation. N WITNESS WHEREOF, I have hereunto set dry hand and affixed my Official Semi, at the City of San Diego, the day and year first above mitten. ,TATE OF CALIfORNIA !:'. OFFICIAt zrt.i :OUNIT OF SAN DIEGO BSA f i { :. EP N MLbth. • ny(1i ArT . ,L.+'.-��. �: FIND► "� PN-T/CIP:.L OFF IC.c N _ SM 01EG0 COON I1 \� my Comm txD Aug I 7M2 +ere 1 +.t v� Notary Public the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Coup", do hereby certify that the original POWER OF TTORNEY. of which the foregoing is a full, true and correct copy, is to full force and effect, and has not been revoked. N WITNESS WHEREOF I have hereunto subscr (�ed my novae as Secretary, and affixed the Corporate Seal of the Corporation, this ,TH cu y of FEBRUARY 'I.4l LARRY G. MABEE, Secretary .e _ Bond No SUR 15 11 20 E=•' =_0 TC FORMti PREMIUM: $10,770.00 i i QM CITY '"'I F-, By. d Premium Based Vi MtkTtiTi�'[�A 6' B Purer ontract Pis KNOW ALL MEN BY THESE PRESENTS: That we, GENTOSI BROS., INC. as Principal, and GOLDEN EAGLE INSURANCE COMPANY as Surety, are held and firmly bound unto THE CITY OF HUNTINGTON BEACH as Obligee, in the sum of FIVE MILLION EIGHT HUNDRED THIRTY THOUSAND DOLLARS AND N01100---------------------------------------------- ($ 5,83.0,000.00 } DOLLARS, for the payment of which, well and truly to be made, the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has entered into a certain Contract with the Obligee, dated FEBRUARY 7, 1992 for THE CENTRAL LIBRARY EXPANSION PROJECT NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall maintain and remedy said work free from defects in materials and workmanship for a period of years following completion, then this obligation shall be void; otherwise it shall remain in full force and effect. Signed, Sealed and Dated, this 6TH day of FEBRUARY , 19 92 . GENPISrh BROS., INC. :Principal By GOLDEN EAGLE INSURANCE COMPANY Surety By ERIN HEBERT, Attorney -in -Fact .. GOLDEN EAGLE JUSUIRANCIE COWAXT EXECLITiVE OFFICES San Diego, Catifomis POIE11 OF ATTORNEY KNOW ALL KEN BY THESE PRESENTS, That the Golden Eagle Insurance Company, a Corporation duly organized and existing under the lags of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint: ---n•ERIN MEBERT<--- its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the penal skim of any one such instrument executed hereunder shell not exceed the sum of any and alt bonds and undertakings, provided the amount of no one bond or undertaking exceeds five million dollars (%5,000,000.DO). This power of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle insurance Company at a meeting duly called and held on April 10, 1984 which hind Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -In -Fact to represent and act for and on behalf of the Cuupany, arid either the Previ dent or Secretary, the Board of Directors or Executive Carmittee may at any tine reviove such Attorneys- In- Fact and revoke the Power of Attorney given his or her; and be it further "RESOLVED: That the Attorneys -In -fact may be given full power to execute for and in the name of and on behalf of the Conpany any and all bonds and undertakings as the business of the Company way require, and any such bands or undertakings executed by any such Attorney -In -Fact shall be binding upon the CoKmny as if signed by the President AM sealed and attested by the Secretary." !N WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed. this February 8, 1991 GOLDEN E lE COMPANY STATE OF CALIFORNIA COUNIT OF SAN DIEGO SS' BY' l� 111 /'C' eel E. J Pr sident On this 8th dub ay of February 1991, before the sscriber, a Notary Pf the State of California, in and for the County of San alego, duly Commissioned and qualified, came Michaet E. James, President of GOLDEN EAGLE INSURANCE COKPANT, to me personally known to tm the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the ,yno, wid being by sue duly Sworn, deposeth and satth, that he is the said officer of the Company aforesaid, end that the seal affixed to the preceding inatrun:nt is the Corporate Seat of the said in.truaent by the authority and direction of the said Corporation. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed lay Official Seat, at the City of San Diego, the day and year first above written. STATE OF CALIFORNIA �_ sA,l DIE SSt t'�-. couNlT of DIECD , „ EP. h HL6LI,- Nn1,,,,, . oL 4-CALlr`kNLA F-h NOP� L OF F Ct N pq `r try SAN D+EGO COw+1-- \ letiO4 my Comm t:•D AA n 1'YJ2 Notary Public I the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Coapeny, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is to full force and effect, and has not been revoked. IN uiTuESS WHEREOF I have hereunto subscr my name as Secretary, and affixed the Corporate Seal of the Corporation, this 6TH day of FEMLIARY t4 1-11 LARRY G. KABEE, Secretary �ell <- c-� woy o o . k-0 J� 4" CIT;Y OF�HUNTINGTON BEACH /INTER-DFPARTMENT COMMUNICATION HUNTWGTON BEACH r VON TO: MiCHAELT. UBERUAGA, City Administra FROM: ROBERT J. FRANZ, Deputy City Adminis atSUBJECT: POTENTIAL_ FUNDING SOURCES - LIBRARY EXPAOJECT in DATE: SEPTEMBER 7, 1993 The Library Director and I have identified the following potential funding sources for the $172,000 additional funding needed for Phase I of the Library Expansion Project: 1. law ray Support _Groups - Library Support Groups have additional donations available of an estimated amount of $60,000 that could be requested for the additional costs. Assuming these groups agree to additional donations, this $60,000 could be utilized as a funding source for the additional funding needs. � C 'YT E3 G - E 3- rn = �v n 3 o o a rn --r I Certificates of Participation Funds (COP'sl - $5 million was loaned to the Library Service Fund for the Library Expansion Project. This $5 million was a portion of the $10.2 million that was originally available from unused COP's funds originally issued for the construction of a parking facility north of the pier (canceled project). Approximately $275 000 is available currently of these__unused COP Funds, and this amount will grow to roughly $550,000 by the end of the year due to additional interest earnings on the unused COP's. In addition to the $5 million loan of COP Funds to the Library Project, funds have also been allocated in the past 2 fiscal years for the Pier Buildings ($1 million), Pier Plaza_ ($3 million) and debt service repayments ($1.5 million). The $276,000 currently available could be allocated as an additional loan to the Library Service Fund. This would increase the obligation of the Library Service Fund for repayment to cover the debt service of COP's. 3. Park Acquisition_ and DeyeLopmgQt Fund/ (PA & _12) - In the original funding sources for the Library Project, approximately $300,000 was to be allocated from the PA & D Fund due to the parking lot improvements which serve not only the Library, but also the Central Park. This funding source was deleted due to lack of available funds in the PA & D Fund. One current year project that could be reduced in scope to have funds reallocated to the Library Project is the acquisition of land for a POTENTIAL FUNDING SOURCES - LIBRARY EXPANSION PROJECT neighborhood park in the Ellis/Golden West quarter section. $300,000 is budgeted for property acquisition in the current year. This amount could be reduced in whole or in part to fund the Library Expansion Project. This would delay or reduce any encyclopedia lot acquisitions in the Ellis/Golden West quarter section during the current year. 4. General Fund - A General Fund Reserve of roughly $8 million has not been allocated for projects. A portion of the reserve could be allocated to the Library Expansion Project. Staff recommendation for funding of the $172,000 additional appropriation needed to complete Phase I of the Library Expansion Project is as follows: 1. Library .5upport Groups : $60,000 - This amount of funds is potentially available from the Library Support Groups. 2. COP Funds - $112.000 - The additional loan of $112,000 of COP Funds would increase the annual repayment from the Library Service Fund for debt service by roughly $10,000 per year. This additional annual revenue would be paid by the Library Service Fund from their existing funding sources or an increase in their funding sources by consideration of such alternatives as parking meters in the parking lot of the Central Library. Once the Library Project is completed and a total project cost analysis is prepared, the Library Service Fund will, on an annual basis, be required to balance its budget by either increasing revenues or decreasing expenses to insure that the debt service payments are made. Qonclusion - The Library Expansion Project additional funding need of $172,000 can be met by requesting Library Support Groups to finance an additional $60,000 from donations and loaning an additional $112,000 from the unused COP's. The alternatives of utilizing PA & D funds or General Fund reserves are not recommended. RJF:skd CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK February 12, 1992 Gentosi Brothers Contractors 42 Corporate Park, #200 Irvine, CA 92714 RE: Construction of Central Library Expansion CALIFORNIA 92648 . PROJECT CC-740 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration or Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441. Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance (TNephons: 714-536-5227 ) � J BID BONDS RECEIVEP.!�Y: Date l C c° -7-�o B I D S U M M A R Y C I T Y O F H U N T I N G T 0 N C E N T R A L L I B R A R Y E X P A N S I O N DECEMBER 17, 1991 - 2:00 P.M. - HUNTINGTON BEACH CITY HALL CONTRACTOR BASE BID BERRY CONSTRUCTIO......................................... $ -�a r SB 9 CAL PAC CONSTRUCT I oN - �___-_. _ s __ _�t D a D d'�S o CLILP CONSTRUCTION__________________________________________ s 00 DRIVER,, C,W------------------------------------------------ s S 8•� 0 G GENLQS��-----------------------.._- ---___ --__ $ OQ HEDLE-Y BUILDERS -------------------------------------------- s ---------------- HUNDLEX, JOHN---------------------------------------------- {s --�t- /` - t LEWIS-JORGE $ D D D OQ MACCO S9N5-TRUCTOR�___________ ...---------------------------- $ _-� S"•�1 oOO t- MILLIE SEVERSON _________________ s o NATIONWIDE CONSTRUCTIQN_________________ sa� PW _Co TRUCT ,ION ___ $ K._,________________________________ N--------------------------------------- s ---------------------------------------------- $ __--__---______- SHI RLEY BROS............................................... s (o 3IK 0004 _t __ �UMITQMO CONSTRUCT[ON AMERICA______________________________ $ SWINERTON AND WALBERG COMPANY _____________ s WI LL I NGER. A.R. COMPANY $ ------------------------------------------------------------ s ---------------- -------------..____-_..__-__--------_----------------_-_--_-- $ __________-____- ------------------------------------------------------------ $ ----------------- _____-_..--------------------------------------------------- $ ---------------- THE AETNA CASUALTY AND SURETY COMPANY LEM* Hartford, Connecticut 05115 LIFE & CASUALTY PROPOSAL BOND BOND NO 86SB100529324BCA- 91-63 KNOW ALL BY THESE PRESENTS That we, BERRY CONSTRUCT ION. INC. as Principal(s) (hereinafter called the Principal), and THE AETNA CASUALTY AND SURETY COMPANY of Hartford, Connecticut, a Corporation of the State of Connecticut, as Surety (hereinafter called the Surety), are held and firmly bound unto CITY OF HUNTINGTON BEACri of TEN PERCENT OF THE AMOUNT BID (hereinafter called the Obligee) in the penal sum (S 10% ) Dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED WITH OUR SEALS this STH day of DECEMBER , 19 91 . WHEREAS, said Principal is submitting herewith a bid, or proposal for CENTRAL LIBRARY EXPANSION, HUNTINGTON BEACH, CALIFORNIA NOW, THEREFORE, if the bid or proposal of said Principal shall be accepted, and the contract for such work be awarded to i 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 the obligation to be null and void; otherwise to be and remain in full force and effect. SBB-29 BERRY CONSTRUCTION, INC. (SEA L) THE AETNA CASUALTY AND SUTTETY COMPANY BY: BARBARA L. JASK I Attorney -in -Fact (s-1909-o)a-e7 PREMIUM -NIL- s-21+z=eo ele9 va1NTE0 IN U.S-A. WE E;NA CASUAL7Y AND SURETY COMPANY 'rar"fcra. C onnec:it:Jt 06156 I=FE b CAS::AL'`Y POWER OF ATTORNEY ANO CERTIFICATE OF AUTHORITY OF ATORNEYIS)-IN-FACT xNOvVAL: MIN Sv'HESEPPESENTS.-I-A7'i••EE NAUSUALrYAlvtS�jPEA!COMFA.Y.aCOrporatlCr.Culyorgan..edundertheIawsOf'no State of Connect,Cvt AMC na rig r.! _t'nC:Ou Office •n the C.ry o' Haelo'c.:au^ly e.' gar-Orc- SCSte CO Cor'uc:ICul. path mad@_ conslutwlfd AMC 41o170•nted and Coos Ov 1-ese presents .-+sae- conSwutg ano appoint William l iam R. Fri -is, Wendy BezuidenhpiM, Barbara L. Jaski or 'lark E. Shreckengast - - of Riverside, California .Its true and lawrfvl Amorn#yiSl-.n•gact. w,M Cull DCwef and AutimCnty mere Cv con'e-ec t0 sign. exeCite AMC SCknO,I VQe- at anv Plan within the Uh,tea States. of. If :no fallo, ng line be Flea in w.cM,n the army Inert CJs-g- hatee . Me following irstrumerms)- tryf,M/hfr Sole Signature and aR. any and all bonds, rmCPQM,zAMcef. CCntfa= at -ndlmti-ne anC Omer wrrMmGZ OblrgllOry ,n the nature pi a bc'c recognizance_ or canomonal wndtrtlik,ng. ano any and all consents incidents noroto one to Who TWE DNA CASUALTY ANO SURETY COMPANY. tmereby as 'wily one to me some Extent as If !no same were signed by [.-It O'-1y suManzeC of ears of THE A7NA CASUALTY AMC SURETY COMPANY. and all trio aC.J Of same AROmerylsl-n-%aC. pursuant r0 tit Jun Orlry �frfrr. grin, art herttiv tfbfed and COnffrmad. This sopo,ntmont is made under and by autnOrrry of the iorlowr,ng Standing ResOlut[ons Cf Said Company v.nicm Ryolutlons are Mow ,M ride force and effaC: VGSED. Tin each of :Te toxpv,.ng ofmkikgs'. CT+a,t+nan. Yict Cteiftnan_ President, Any EsKvi+W Vice P-as,ot Sit Any Sen.o4'V,R P.ts,oent. Any Vice Pfes.OEnt_ Ar.y Assistant Vice President Any Secretary. Any Aasiftant SeCretary.'Tilly Irpm time t0 hme ■p"At Ras,dant VICif Prosioents- Resident Aurstant Secletames. Anorneys-in-Fact. and Agents to act lot end On bonsif oftha COmepany and may give am SuC boo&nlee such autnotiry Is his Certificate of authanmt may preatr,bo to sign vv,Ch Me Company's name ano semi with tme Company's seal banes_ recognaances. contra= of Indemnify. and other vrntings OCl,saloev M Into nature Of J bond. rfCOgnrzanCe. or ConotAonal umdenaking. and any Of said Officers Or the Board of O.tWors may at a" time remove BAY such aapd,ntff And revOke the PO,+N and Authonty green him_ VOTED. That any bond- rKOgn,iancg. canTf K O[ inOfmn,ry. Or wiling OpligaTOrY ,n the nalurf 0} J DOnO. fecOq n,zinCe. Or COr+tl�tlOnal unCer'aa,n� small be veue Inc binding upon the Company when (a) signed by the Chairman- the V;ca Cimrmnan.:no President an Eaea,Tlr•e V;ce P?".Cam. a San•0r ✓ce President a Vice President an Aasatant Vice Pre"stnt at by I Resident VWA P-estafnt. pursuant 10 the Hauer Prgzcribftl In one comficalm or AulnOmfy Cf such Refrdent Vice Pfmcamt and Duty Attested and saaiee win the C9rnpl y s goal th, a SeRftan or AASrs:ant Sec -its ry Of Wife Ry,C0mM1 Assisgnt SaCetary_ autsuanl to our power presembed in the CMACatf Ot aumomlr of suG'e Roseotne ASS,rjmI Secretary; or Ibl duly executed tumeer Seal. if rtourradl by One or more Attprnleys-.n•Fmcf purswan::0 me tsOwtr pfesCnbed ,n his or their cartificate or cemRcsref Cf authority. This Power of ATIOr MAY and Can[r,n[e Of Aw Chanty Is Sig AMC Ind Sealed Ov faes,'}e,+e uMet and by awtnonty Of pee twletwmnq Scantling QeJOI u::aM +Otso by Ins Board of Oireaon of `.HE tETNA CAS:JAL-Y ANO SURETY C.MPANY wh,trt Resalut.Ori is Ad- .n fuse !orca and emec,. VCTEO- That :ne s,gnafure Of eS[n of pie fdllp.,MMg officHs: ChIlnmAn- v ICS Choir -All. lim-moMt. AnY Exec 4 . e ir1Ce President. Any 541n,Or V ICa P!eWCant Any Vice Pf H•Cenl. Any AJststant Virg President Any Secretary. Arty Assrsunr Sec Mary. Cnd Mammal Ofthe Camaany may to ■Nxed :v ladstntrle to arty OOwer of attorney or to Any Cerbficalt refating Mi"ato sODo,nong Rts,Oont efea Prosio" 7. Resident Asus:ant Seed:ides Cr ArOrhf,5.iA-9mC tar pvfCOseS Only of tx@Cuting and attesting bOnOg and undar.Sungf one in tee nature thereof. And any suem power of attorney Or cerUft Cale ptanng such taCSimiia gignaturt or fadim.4 semi shell b4 walid and b,nd'ng upon the WmAanv ame any suc� power so exeCltaC and cer5l1e0 by sut'i faa,mrle S,gMttirf and ?8=111mrlf seat Soul be valiC AMC branding woon the Company In the fuNfe w'tm ,"DoC: to any Oand or undenakmg to .nwA It is attached. IN vATNESS W►,EAEOF. `HE 4TNA CASUALTY AND SLJA ETY COMPANY gas caused tors ,nstrUm"I To N Signeo oy Its Se N6r elide Preside and ,n coroorste test :o be hereto affixed this znd day or y g 1 4 WE / A C SUAL.Y D SURETY COMPANY r : ..... f State of Connea:ttart J seph P. Kiernan ss_ Hart'ora Senior vice President County of Harto•d Cin et,s 2nd OW of May -is 91 . beta» me pamoiwty came JOSEP"i P . KIERNAH to moo anown. who. bang Sy me oury Swam. did depose and say: that hwvw is Senior Vice President Cf THE AMNA CASUALTY AND SURETY COMPANY, the COM01's"On cel=bed re and which exeNted the above .nStrument: that heishe knovrs me seal of sa,a COTVW&t,On' thal the Seal Affixed t0 the No InsinJment Is suem cofpofais feel. and Coat he/she executed the said instrument an oehal' of the corporation by outnonTy of 'i,z/har office under the Standing Resarubons thtfeof- a T.e .• ca+r,rMsa.e,. •ROrrae Y-4 ]'- :! 93 Noun Pwb„c Dorothy L. Max-�i CERr,FICATE 1. the unot".gned. Secretary of TWE fTNA CASUAL',' ANC SURE'T C�MPANY- a stock corporation of the State of Connoc;,rul. �,O IrmEPEBY CEnnFy that the lorrlg O.ng and attached Po-*, at Attorney and C/rtifiute aI Auped,.A, r@-a,ns,n full lorce and has Mat peen ei+rOksC_ send turtMr,-wN- :nse Me Siand,Mg Resawt,ons Ot ten as set tone d the Cenlficale of Autrlofi[y. Are nO.w in force Signed and Sea -to at the ►I0me OPACe of :he Company..n the C;fv or herrhorC_ State o1 COAMititr L CstWO .n,s 5T11 day Cr DECEMBER •.9 91 L>� + e. W. `c fSe�etary I5.'171lIMiI !C — v M'NtEO 'M V SA Aw IVA❑ FIREMAN'S FUND INSURANCE COMPANY © THE AMERICAN INSURANCE COMPANY ❑ NATIONAL SURETY CORPORATION JgtEMAMfJ= ❑ ASSOCIATED INDEMNITY CORPORATION DOWRAMCOPWAXW ❑ AMERICAN AUTOMOSIt_E INSURANCE COMPANY KNOW ALL MEN BY THE PRESENTS: That We. CAL -PAC CONSTRUCTION, INC. BID OR PROPOSAL BOND BOND NO. C709 35 76 PREMIUM: INCLUDED IN BBSU ;.`.ere:ro':er caiied the tr:nc:Fai). as pr:rcpal. and THE AMERICAN INSURANCE COMPANY . : _ Z>or=%Cn or3.-M. ized and doing bUSLness under arcs b•, r.:rue of :he :aws of the State o.' Nebraska ;rd duly licensed'.^^: -.- .::r pose of making. 3::aran-.ee:ng or becoming sole s;::e!y urn^ bcnra c: 'ender k:n,s :c�u::ec or vu'honze; ' t^e :a•.:s o't.-e Stare of California as Suety, are held and fi mly bound unto CITY COUNCIL, THE CITY OF HUNTINGTON BEACH herein-fter called the Ob'.:gee) n the just and full st:m of 10% OF THE AMOUNT BID. Collars ,S 10% ) :cw;ul mcney cf the Un.lec Srctes Arner:ca. '.cr :he payment cl ah:c . welt cnc t: �., to be rave, 'arc hereby bind o.::selves and r,: each o; __,- s,.ccesscrs ,..; assigns. jointly and se-:c:ally !urnly b•r !::ese preseas. THE" COvDIT:ON OF THIS OBLIGA7100 IS SUCHE THAT. WFEREAS_ the atcve bounden as afcresa:-. :s cb�u: .,=i -.n and submit to the obiigee a bid or proposal icr the CITY OF HUNTINGTON BEACH, CENTRAL LIBRARY EXPANSION .n accordance •+ri: the plaits and spec:i:cations ::led in the _.:ice Ine otl;gee anc ;.:der the no::ce .n i'.ny ,:rcpcsvis t.ere'._r NOW. THEREFORE, if the bij or proposal of said . mcipa. 3....:1 be ac_er:-_ =--, :re =......act ,cr suca wc:k -e ate•-ded to the P. nc:pal the.euYon by t^e said obligee, and sa:d r:.cr. al s-aa enter � c_nI: zt =.._ bona for .Fe _onpiet:on cP sa:d w=:c =s ,equirec by !aw. then [his coligat:0n tc be null and void, c:herw.se to be an 4- ; ema:n :n Icll '.once ::d effect - IN WITNESS WHEREOF, said rinc:pal and said Surety :rave caused these presents to be duly signed and seared !his 18th day of November 19 91. THE AMEBIC SURA E COMPANY B• 360277-4-81 rRAt� Fi1A£ft CIF 'rORNt:ti TFi'E ?.MERICAIti' INSURANCE COMPANY K' 0W A1.L N1F,ti BY THFSE PRESENTS: That THE AMERICAN INSURAI-JCE COMPANY, a Corporation incorporated under the laws of the State of S, lerse•, on February 20. 1846. and redomestica ed to the State of Ncbrasks on June]. 1990. and having its principal office in the City of Omaha. Slate of ":cbraska. has made, constituted and appointed, ar.d do-•s by these presents make. constitute and appoint JOHN S . ANZULIS and BARBARA A. VACICARO, jointly or severally LOS ANGELES, CA its true and lawful Atiorney(s)-in-Fact. with full power and authority hereby conferred in its name• place and stead, to execute. seal, acknowledge and deliver any and all bonds, undertaking• recogniunces or other written obligations in the nature thereof _____________________________..._______ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, scaled with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys} -in -Fact may do in the premises. This power of attorney is granted pursuant to Article VI I. Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "A rticte V I1. Appointment and A ulboriry of Resident Secntarses. Attorneys -la -Fact sad Agents to amrpt Legal Process tad Mike Appeartracet. Section 45. Appointment. The Chairman of the Board of Directors, the President. say Vlee-President or say other person aatborisad by the board of Directors. the Chairman of the Board of Directors. the President or say Vice -President may, from time to bate, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporstioe and Agitate to accept legal process mad make appearances for and on bebslf of the Corporatioo. Section 46. Au(borily. The authority of such Resideal Assistant Secretaries, Attoraeys-in-Fact and Agents shall be es prescribed In the InUmment evidencing their appointment. Any such appointment and all authority granted thereby maybe revoked at anytime by the Board of Dtmcters or by any person empowered to make such appointment. - This power of attorney is signed and sealed under and by the authority of the following Resoludon adopted by the Board of Directors of THE AMERICAN INSUPAN'CE COMPANY at a meeting duly called and held on the J 1st day of July, 1994. and said Resolution has nut been amended or repealed: "RESOLVED• that the signature of any Vice -President. Assistant Secretary. and Resident Assistant Secretary of this Corporation• and the seal of this Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney. any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN FITNESS WHEREOF, THE AMERICAN IN 3UPAINCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hcreun:o affixed this 1 SC day of April 19 91 THE AMERICAN INSURANCE COMPANY By S TATE OF CALIFORNIA ss. COUNTY OF %IAR1N Onth,s 1st des or April 91 R. D. Farnsworth Y 19 ,before me personally came to me known, who. being by me duly sworn, did depose and say: that he is Vice -President of THE A.VIERICAN INSURANCE COMPANY, the Corporation described in and -hick executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate sea:; that it Was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and :rraed my official seal. the day and year herein first above written. OFFTCtAt_ SEAL A. KRIEGER ,eels. n:a,c u-,k , u MAR1N COUNTY M Y to�.,w •. r.. ?0 t�SS STATE OF CALIFORNIA ss. COUNTY OF MARIN ary Putwc CERTIFICATE I. the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF AT-MRNEY remains in full force and has not been revoked: and furthermore that Article V(t• Sections 45 and 46of the Bylaws of the Corporation• and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and scaled at the County of Nlarin_ Dated the 18 th day of November 19 91 ,..�^�.� till Mt(R[ A344 i11 Sr(ilL�!•/ '6117t-'• r k.r..90 IRk.11 :,THE AMERICAN INSTITUTE OF ARCHITECTS BID BOND A.I.A. DOCUMENT SEPT_ 1963 ED_ Bond No. 5888 — 141 KNOW ALL MEN BY THESE PRESENTS, that we Culp Construction Company IS Technology, Suite 118, Irvine, CA 92718 as Principal, hereinafter called the Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY a corporation duty organized under the laws of the State of Maryland as Surety, hereinafter tailed the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) of the Total Amount 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 Central Library Expansion, Huntington Beach, California 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 terns of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficent surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 17th day of Decembero Culp Construction Company (Principal) (Witness) A� (Title S205s3 .r UNITED STATES FIDELfTY AND GUARANTY COMPANY rSeanl.Z (Witness) 67 John R. Barton, Attorney -In -Fact BID BOND ALA DOC A310 SEPT 1963 FD. ONE PAGE C 1963 The American Institute of Architects PAGE 1 1735 New York Ave NW. Washington. D. C. " i CERTIFIED COPY GENERAL POWER OF ATTORNEY No -------- 1U24d9--------------------- Know alf Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organised and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint John R. Barton of the City of Salt lake City , State of Utah its true and lawful attorney is and for the Stares of Arizona, California, Colorado, Hawaii, IClaho, Nevada, New Mexico, 4xvgon, Utah, Washington and Wyoming for the following purposes, to wit: To sign its name a$ surety to. and to execute, seal and acknowledge any and all bonds, and to re"spectively do and perform any mad all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of attorney; and the said UNITED STATES FIDELITY AND GUARANTY C04tPANY. through us, its Board of Dirrc)nrs, hereby ratifies and confirms all and whatsoever the said John R. Barton may iawfulS.y do in the premises by virtue of these presents. In. Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 27th day of December . A. D.19 89 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By... Nancy M•....dragon .................... ... • . Vice -President. (SEAL) George R. Gardner (Signed) ................................... .................... Assistant Secretary. STATE OF MARYLAND. t BALTIMORE CITY. On this 27th day of December . A. D. 19 89 before me personally came Nancy M. Haragan . Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and George R. Gardner . Assistant Secretary of said Company, with both of whom 1 am personally acquainted, who being by me severally duly sworn, said that they, the said Nancy M. Haragan and Georg(' R. Gardner were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal M said corporation. that the seal afFtxed to said Poker of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President " and Assistant Secretary, respectively, of the Company. ►1y commission expires the first day in July, A. D. 19.90. (SEAL) (Signed) ....... dL't?t M. HL1I5t ......................... . Notary Public. rS 3 (147) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice - Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances 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,and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, James M. Carroll , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to John R. Barton of Salt Lake City, Utah , authorizing and empowering him to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COr1PANYon DECEMBER 10, 1991 (Date) Assistant Secretary. I1.,1,d N,,. . Fidelity and Deposit Company rio.+rr. orrrcr-. OF MARYLAND n,tr.rr.uorrt, ,+rn. 21203 It I Il It /1 N 11 KNOW ALL IMEN fiat"-rfiFsf. PRr_SENTS: That we ..... .......... C....W..................DRIVER..... AAS.SOGIATES.................ND ...................................................................................................... ............ ........................................................................ ...... ... ai Principal, (hereinafter called the "Principal"), and lire Mlle - I Irl ANIr IIP.F,tintr COPO'ANY OF MARYLAND, of ltaltimnre, dllarylnnd. e. corporation duly organized under the laws of the State of I1larylanl, is Surety, (hereinafter called the "Surety"), are held and firmly bound unto........... ............. CITY OF' HiJNrINGiM BEACH ns Obligcc, (hercillaf ter called the "Obligee"). in the it,,,,, of. r= P . OF AMO(W BID IIV ..... --• -- �--Dollnrs (g for the payrrlent of which sum well and truly to he mile, the swirl 1'rin•ipal at)d the said Stlrety. bind onrselve+. our heir•, exccutors, administrators, successors and nssigtt., jointly and severally, firmly by these prescntq. WHEREAS, the Principal has submitted a bid for -.—Central. .................Library..Expan .....•..--- .. sion ............................. NOW, Tf IfiRf;rORr, if the Obligee shall ncrept the 1)41 of the Prinripal and the Principal shall enter into contract .with the Obligee itl accordance with the terms of Such hid and give such bond or bonds as tray be specified in (fie biriding or contract doCurtletlts ,,with gntml and snflic1rttt surety for the faithful performance of such contract and for the prompt paynicnt of labor and nmicrMl NrniKhed in the prosecntinn thereof, or in the event of the faihlre of the I'micipat to cntrr into melt contract and give vltrlt bond or bowls, if the Principal Fhall pay to the Obligee the dMcrenrc tint t,+eYrcrd the pennity 1letrnf betwren the aln,innt sprriftrrrf in cnid bid and surtr larger amount far wh;(It 111c Miligre mny in gon,l (aiih ,,,ntr:lrt N%ith nrinth�r p:lrty to perform the cork coveted by said Ind. thctl this ol)ligation shall l)c nndl anld void.r)thcry isc to remain in fudf fnrceaud effect. Signed and scaled this ............ ........ .... ..3rd.._.... Of ...... ....._........... 199.1...h i i I j Cr..N�..D �.�.. . ..................(SCAr.) Priucrhrtl j...................... .. .............................. ....... [ Byd?W .... ............................... f I'll/e I IIll:f.i IN AND DITOSI r COMPANY Of MARYLAND .Srrrr•1 v ........................................... 1Z'... _ .....� (SRAr.} II'irrrrlti Stanley C.4nn I rrlc 1 r 121.1-1m\I. Avp,^rP.t hY 11, A--i-%n 1.,Ow-1,. r,r A,r1.a1re,.. .\.I A. 1)0cnme t No. A-310 Ftbn,+rr 19:u Fglt;On. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND r+Ow OFFICE. flal NmORE. PAD KNOa ALL MEN BY THESE PRESENTS- That the FIDELITY AND DEPOSIT CD%IP%NY OF MARYLAND. a corporation of the State of Maryland, by C. M. PECOT, JR. , rice -President, and C. W. ROBBINS .assistant Secretary, in pursuance of authority granted by -article V1, Section 2. of the By -Laws of said Company, which reads as follows: "The Chairman- of the Board. or the President. or any Executiyr Vice-Prrsident. or anv of the Senior Vice •Pres. dents or "ice -Presidents aprruliy authoru:d so to do by the Bond of Directors tit by the Execusiye Committee. nits" have power. by and with the concurrence of the Seeretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidenis. Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company mat require. or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognuances, stipulations. policies. contracts- airreemenis, deeds, and releases and assignments of judgements. decrees. mortgages and instruments in the nature of mortgages. and to affix :he seal of the Company thereto' does herebv nominate constitute and appoint Stanley C. Lynn of Costa Mesa, Cal ifornia. . i sT r"end lawful agent and Attorney -in -Fact, to maize, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ......................... ;ter . n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding, upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore. Md., in their own proper persons. The said Assistant Secretary_ does hereby certify that the aforegoing is a true copy of Article k-I. Section 2, oft he By -Laws of said Company. and is now in force - IN WITNESS WHEREOF. the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this...........1.1.0.............day of............... J.Wae..... -.-........................ . A.D. 19...U.. FIDELITY AND DEPOSIT COMPANY OF MARY ND ATTEST: SEAL U ...................... By .............................. ........... .,.............. .tssisranr $errerary viee- ST%TT or ►f.RYLk,D i - Crn or BALTI%IORE On ihts 1 1 t h day of ,Tune . A.D. 19 S S before the subacriber. a Notary Public of the State of Maryland. in and for the City of Baltimore. duly commissioned and qualified, came the above -named rice -President and Assistant Secretary of the nl)rUTY AND DEPOSIT COµP1\Y or M otyLANLi. to me personally known to be the individuals and officers described in and who executed the preceding instrument. and ibex each ackno-ledged the execution of the same. and being by me duly sworn. severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixedto the preceding instrument is the Corporate Seal of said Company. and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation - I% TEMMOyY WHEREOF. I have hereuTito set my h rid affixed by Official Sul. at the G+y of Baltimore. the day and year f st above written. • nor • ... a ..... ... ..... ........................... ... F• • \tot ITy Public sion Expires ... 4u1X._.Z.,-..1986 CERTIFICATE 1, the underr:flied, Assistant Secretary of the FIDEUTY A%D DEPOSIT COKPy+Y Or �11RYLAyD, do hereby certify that the original Power of Attorney of which the foregoing ss a full. true and correct copy. is in full force and effect on the date of this certificate: and 1 do further certify that the V ice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specialty authorized by the Board of Directors to appoint anv Attorney -in -Fact as provided in Article VI. Section 2 of the By -Lars of the FIDWTY e%'D Do'Osrr CO►SPANY OF MARYLAND_ This Certificate may be signed by facsimile under and by suthortty of the following resolution of the Board of Directors of the FIDEUTY jND DEPosa COMPs%Y Or %40YLAND at a meeting duly tailed and held on the 161h day of July, 1969. RMLtiED. "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company. whether made heretofore or hereafter, wherever appearing upon a certified copy of any �ower 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 TUSTINONt- WhLREOr. I ha•e hereunto %ubscrtbed my name and affixed the corporate seal of the said Company. this ...... 3ra......... day of............ ....................L-CiErber 1991 t.iva._cit 012-6163 �ss:.uau.Secrrian .. FOR YOUR PRO-I-ECT]()\ LOOK FOR 1-11F 176,ll \1'ATERNIARK T + r THE AMERICAN INSTITUTE OF ARCHITECTS BID BOND NO.: SUR 15 04 76 gjgp ItA310 PREMIUM: INCLUDED IN BBSU Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatw•e GENTOSI BROS. , INC.Rierzinsert fu[iname and address orlegal udeofContractor) 42 CORPORATE PARK STE. 200, IRVINE, CA 92714 as Principal. hereinafter called the Principal, and GOLDEN EAGLE INSURANCE COMPANY (Here insert kA name and addressoflegal title ofSurety) 7175 NAVAJO ROAD, CA 92119 a corporation duly orgarized under the laws of the State of as Suety, hereinafter caged the Suety. are held and flrmty bound unto CITY OF HUNT I NGTON BEACH (Here insert run name and address or legal title of Owner) as Obligee. hereinafter called the Obligee. in the sun of TEN PERCENT OF THE BID AMOUNT X)EG }f1(I 10% OF BID ). for the payment of which sum wel 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 CENTRAL LIBRARY EXPANSION; CONSTRUCTION OF(Her 9insedkAlnarie. address and description otproject) CHILDREN'S WING AND PERFORMING ARTS -TYPE THEATER NOW. THEREFORE. if the Obegee shall accept the bid of the Principal and the Principal shop enter into a Contract with the Obflgee in accordance with the terms of such bid. and give such bond or bonds as may be specified in the bldcfing or Contract Documents with good and sufficient sL aty 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 Did and such larger amount for which the Obligee may in good faith contract with another party to perform the Work Covered Dy said bid. then this obligation shall be null and void. otherwise to remain in kA force and effect_ Signed and sealed ttvs 25TH (Witness) (Witness) day of NOVEMBER 19 91 GENTOSI BROS., INC. (Principal) (Seal) (Tine) GOLDEN EAGLE INSURANCE COMPANY (Surety) (Seal) ERIN HEBERT,"RffORNEY-IN-FACT ALA DOCUMENT A310 - BID BOND - AlA V . FEBRUARY IQ70 ED - THE AMERICAN INSITUTE OF ARCHITECTS. 1735 N.Y AVE. N W . WASHINGTON_ D C 20006 i GOLDEN EAGLE IKSMAMCE COPANT EXECUTIVE OFFICES San Diego, California PUM OF ATTLOGIE7 KNOW ALL MEN BY THESE PRESENTS, That the Golden Eagle Insurance Company, a Corporation duly organized and existing mnd& the laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint: --->ERIN HEBERT<--- its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in suretyship provided, however, that the penat sum of any one such instrument executed hereunder shall not exceed the sum of any and all bonds and undertakings, provided the aaiant of no one bond or undertaking exceeds five million dollars (Y5,000,000.00). This power of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle insurance Campany at a meeting duly called and held on April 10, 1934 which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -In -Fact to represent and act for and on behalf of the Company, and either the president or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys - In - Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys - In - Fact may be given full power to execute for and in the mime of and on behalf of the Company any and all bonds and undertakings ■s the business of the CogmM may require, and any such bonds or undertakings executed by any such Attorney - In - Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its offfcer, with its corporate seal affixed. this February B, 1991 GOLDEII CE COMPANY STATE OF CALIFORNIA colflliY OF SAN SAN DIEGO DIEGO SS: By. Mi heel E. J Pr ident On this Sth day of February 1991, before the subscriber, a Notary is of the State of California, in and for the County of San Diego, duly commissioned and qualified, came Michael E. ,lames, President of GOLDEN EAGLE INSURANCE COMPANY, to nee personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the sarne, and being by me duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed any Official Seal, at the City of San Diego, the day and year first above written. STATE OF CALIFORNIA -.- OFFI� AL �:.Al i COLWTY OF SAN DIEGO $S . - �. -' EP N�HEBER. OR'NCIPAL OFFICE " , P SAN OIEGO COUNr•. Comm Eip Avg 0"92 My 1 the undersigned, Larry G. Mabee, Secretary of the Golden Eagle ATTORNEY, of which the foregoing is a full, true and correct copy Notary Public Insurance Company, do hereby certify that the original POWER OF , is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 22ND day of NOVEMBER 19 91 LARRY G. MABEE, Secretary PREMIUM —NIL Bored No. 6138385 GZEr'1T MARKM iNSUPLANCE CDMFAW KNOW ALL MEN BY THESE PRESENTS, that we, JOHN R. HUNDLEY, INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, CITY OF HUNTINGTON BEACH as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID DOLLARS (S 10% ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 13TH day of DECEMBER 19 91 WHEREAS, the said principal IS herewith submitting A proposal for CENTRAL LIBRARY EXPANSION #88007 NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within SIXTY ( 60 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this all be null and void otherwise the principal and surety will pay unto the obligee the difference between the amount of the principal's bid and the amount for which the obligee may legally itlz another party to perform the work, if the latter amount be in excess of the former; but in no the liability hereunder exceed the penal sum hereof. JOHN LEY, INC. JOHN H LEY, PRESI T�C R17 INSURANCE 1 CHARLES L. ANY Auf?rnev-m-1-act - (3/82) (810 FORM) GUT AIVERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No 0 13216 SIx POWEROFATTO%NEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICA` INSURANCE COMPANY. a corporation organized and existing under and by virtue of the laws of the State of Ohio. does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney•in -fact. for it and in its name. place and stead to execute in behalf of the said Company. as surety- any and ad bonds, undertakings and contracts of suretvship, or other written obligations in the nature thereof_ provided that the liability of the said Company on any such bond. tsndertakuig or contract of suretyship executed under this authority shall not exceed the limit stated below Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE DEBORAH HILL CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney( s)•in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and artested by its appropriate officers and its corporate seal hereunto affixed this 8th day of May .19 90 Attest STATE OF OHIO. COUNTY OF H.k%1iLTOti — ss GREAT AMERICAN ENSURANCE COMPANY On this Sth day of May, 1990 . before me personally appeared WILLLAN4 j. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati. Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument, that he knows the seal: that it was so affixed by authority of his office under the By-laws of said Company. and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and assistant Vice Presidents, or any one of them. be and hereby is authorized. from time to time, to appoint one or more Attorneys-In-Facr to execute in behalf of the Company, as surety, anv and all bonds, undertakings and contracts of suretyship, or other written obligations in the riarure Mereof. to prest:ribe thNF respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Companv seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other whiten obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the urigmal signature of such officer and the original seal of the Company, to be valid and binding upon the Company ► ith the saute force and effect as though manually affixed. CERTIFICATION 1. RONALD C. HAY ES. Assistant Secretary of the Great American insurance Company. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20. 1979 have not been revoked and arc now in full force and effect_ Signed and sealed this 13TH day of DECEMBER • 19 91 S1029tA103:901 �+rt -�Conbnenta! 1nSuranCe• BID BOND KNOW Al-L MEN 13Y THESE PRf=SENTS: That, LEWIS JORGE CONSTRUCTION MANAGEMENT, INC. .. ... ........ of BALDWIN PARK . State of CALIFORNIA hereinaftercalled the Principal, and FIREMEN'S INSURANCE COMPANY OF NEWTARK, NEW JERSEY hereinafter called the Surety, are field and firmly bound unto CITY OF HUNTINGTON BEACH of HUNTINGTON BEACH State of CALIFORNIA . hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMOUNT BID Doliars; for the payment whereof to the Obligee the Principal bind ITS heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns, firmly by these presents. Signed, sealed and dated this 22ND day of NOLL-MBER 19 91 1Thereas the Principal is herewith submitting the accompanying bid dated DECEMBER 10, 1991 for - CENTRAL LIBRARY EXPANSION CONTRACT #CC-740 No%, Therefore, the condition of this obligation is such that if the bid he accepted as to any or all of the items of material and workmanship proposed to be furnished thereby, or as to any portion of the same, and if the Principal will, within the {period specified therefore, or, if no period -be specified, within ten (10) days after notice of the award of the contract, enter into contract with the Obligee, to furnish all work and material at the prices offered by said bid, and aill furnish bond %ith good and sufficient surery or sureties, as tray be required, for the faithful and proper fulfillment of such contract, then this obligation shall be cold. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, within ten (10) days after such notice of award of contract the difference in money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others for such work and material, if the latter amount be in excess of the former, but in no event shall the Surety's liability exceed the penal sum hereof. i In witness It -hereof, this instrument has been executed b_v the duly authorized representatives of the Prin- cipal and the Surety. LEWIS JORGE.CONSTRUCTION MANAGEMENT, INC._ (Seal) Principal FIREMEN'S INSURANCE COMPANY -OF.NEWARK?_NEW JERSEY Surety D . J . P I CARD Attorney IN BoM1264D F CTn,„ti5A RELIANCE INSURANCE COMPANY IKEAO OFIrICd. PP4rLA04!LPI4rA, PENNSVLVANIA Bond No. 34 36 20 BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A-I.A. DOCUMENT NO A-310 (FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS. that we MACCO CONSTRUCTORS, INC., P. 0. Box 257, Paramount, CA 90723, as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia. Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, 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 PER CENT (10%) OF THE TOTAL AMOUNT OF THE BID Dollars ($-------------- f , 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 CONSTRUCTION OF CENTRAL LIBRARY EXPANSION, HUNTINGTON BEACH, CALIFORNIA. NOW, THEREFORE, if the Obligee shalt 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 fur- nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of NOVEMBER A.D. 19 91 IWitnen) David C. Ewe, vice President RELIANC NSURANCE COMPANY Robert M. 11inot, Attorney -in -Fact Ann-7-4-A Fell 111171 s RELIANCE I CE COMPANY HEAD OFFICE. PWILADELIFUA, PENNSYLVANIA POWER OF ATTORNEY KNCWV ALL M$N RY THESE PRESENTS. Tien t1r RELIANCE NYSURANCE COMPANY. 4 saniorailow dulyo►pow red undr tfte taws of tha Stata of Ftir~,anis, dam harstby rtuka, eensittwte and appoint ROBERT M. MINOT of LOS ANGELES, CALIFORNIA--_.._--- In Ma arced lawful Attornayrrs ref, to Woke. assoun. tad and clef rwr for and on its behalf, and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -- and to blind the RELIANCE INSURANCE COMPANY Hereby as fwffv and to the lame aslant a if tarn bonds and ufderclisrP and other w►rtrrp oWgmary in the nalwe thereof ,wry sighed by M Ehseouliroe Off4w of the RELIANCE INSURANCE COMPANY and sealed and artlaned by one other of such effort. and hereby nnifies and Conform eft that ns rod Attarner4l.n-Fact miry do in pursuance Ow f. Taus rower of Attorney Is granted under end by authority of Article Vlr of the RY•Laws of RELIANCE INSURANCE COMPANYwheC h beetnhe affertaw Sabttmber 7.1972. which provisions we now in full fats end effect. food -he as tolhows. ARTICLE V11 — EXECUTION OF BONDS AND UNDERTAKINGS 1. Te %card of OirectO►s. the Resident, the Chairman of the Roard. any Senior Vice ►tas.denl, any Vice Fry 4"t or A56191ant Vas f4radenl or other offaoer designated by the 1"rd of Direacin shall haw Power awd authority to lal appoint All orneys-hn-Feet and to awthorhtt thorn t0 aaftuts on behalf of the Cafrfpany. bofhdl end u*dertakinpa, reoognitonon. oontrairti of indsrrritty and Other wratinps obligatory in the nature thereof, anti Ibs to rahnow any auch Attorney4reFea at any tonne and revoke the po++r and authority given to him- Z. A1torneyatin-Fait thell haA power and authority. subject to the tarrta and Gntitations of the plower of artterney mired to there, t0 aseane and deliver on behalf of the Company, fronds and undertakings- raCr)QniLnd{. tbnitaclS Of rndanhnity end other wrnings oblipetory lift the nature thereof. Tu ocrporate Seal w not necewry for the veldrty of any bonds and wndartakinp. recciVs anon. ttonlracu Of rnclsmnnr and Other wrhtAgs oWgatory is the nature thersot. S_ Attatnaro•in-Feet "it have power and wthoritr to e:eM+ affosimis rewired to be attached to bonds, roccigniunan. owhlrarts of a afro. pity or other conditional or Obi getory undartakhngs end they shall also taw power and ewthorrty to parthfY the fhrtanchal natenant of the Cornpany and oa alptaa of the RY-Lawe of the ComperhY of any atthde or wCthon thareot. The power of attornay is sViod and arlad by faactirmle under +rho by sthority of the foltowire Resolution e4coted by the faro of Dhncton of RELIANCE INSURANCE COMPANY at a nvw.rq held On the SM day of June, 1979, at wehAft a quorum ,Pot present, and said ReaWution has not been an»nded or repealed: "Reeolned.that the s:phetwen of such direnors and O"iaers and the goal of the Company rptay to Iffhtred to any WAA powar of 4he eirtarnetr or any com( osis rooting thereto by fa0iftle, and arty such poaAr of atterray or ary.lacate bearing such+ 16c:b stile aW41araa or fas,rnile wilf shall be raid end binding upon the Company and SAY such power 10 e9muleCl and Oartdied by tevanile signatures and facarrrvls sot dale be re+hd and b.ndo f ,upon 1M Company m the future rat% span to any bad or unclarukIng 10 which it !a attached." 1% WITNESS WWI REOF, the RELIANCE INSURANCE COMPANY has aeuead thaw presents to be amprted by in Vice lresi lent, and its oorporets reel to Whet 40 al l i wed. I lie 2 3 r d day of June no 8 7 RELIANCE INSURANCE COMPANY �1V-sm President �� OF Washington ■. M OF King 0A dell 2 3 r d non, of June . W 7, persona" oveetim Charles $ . Schmalz m no brown p be the Vie ittatkient of the RELIANCE INSURANCE COMPANY. and arknowledp a that he eaeculad and attested tM forrpoing inatrwrnent and affixed 1M seat of aid carporstart thereto, and that Article VIP, Sactien 1. 2. end J Mere fly -Laws of ad Company and the Rsstriv- tion, let forth tth~. In Will in full fart.. My ConvirA moot Ears, (2at=�•T•.l� May 15 •1s 90 � Notary P Wrc in and for $time a Washi ng n funw- ter at Tacoma I. Laurence W. Carlstrom , Amietant Secretary at the RELIANCE INSURANCE COMPANY. do hereby efrtitV that the above ant! fors paq A a trio and awfact a*" at a rows Of Artorner asewtad by wad RELIANCE INSURANCE COMPANY, v Aidh s n4l in full farm and elfan. Me WITNESS WHEREOF, I hove hereunto act espy hand and aHisad the art of aaN1 Cornprnr Ike 19 t:h drivel Nov be is 91 C-*C) Amount Seestry. A ) a A, —It�5 1.owt�llNlfins Lawrence W. Carlstrom HeAO OFFICE. PH91-ADELIDNiA. OtE14NSVLVANtA 'The Premium C`.afiged for sue Bond No. 567875 ftW it tnCludod In that 9ftwe -- - 0 on AWrrar lilt aid .. BID MONO APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.IA. DOCUMENT NO. A-3tO IFE6. WO EDJ KNOW ALL -MEN BY THESE PRESENTS. that we MILLIE AND SEVERSON, INCORPORATED, P. O. Box 3601, Los Alamitos, CA 90720-0399, as Principal, hereinaftercalled the Principal. and the RELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HtJNTINGTON BEACH, as Obligee. hereinafter called the Obligee. in the sum of TEN PER CENT (10%) OF THE TOTAL AMOUNT OF THE BID Dollars {$---------------- y, 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 LIBRARY EXPANSION PROJECT NOW. THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid. and give such bond or bonds as may be specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur- nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void. otherwise to remain in full force and effect. Signed and sealed this iith i W;tneal day of DECKER A.Q. 1991 RELIANCE INSURANCE COMPANY Robert M. Minot, Attorney -in --Fact AJ@LIANCE; I CE COMPANY ' READ OFFICE,HIILADELPHIA.PENIsSYLVANIA POWER OF ATTORNEY KNOW ALL IMEN BY THESE PRESENTS. Tint the RELIANCE INSURANCE COMPANY, a OWPoraeio% *AV rPrOab wear the laver of shy State of Ronnsyloitim, dole hereby make, mhstMvto bird oppod" ROBERT M. MINOT of LOS ANGELES, CALIFORNIA------- fora true end lowtvt Anarnety-wFaet, to make. etawtO, wo &rid dslirsr for and on ns behalf, and as Its on and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP - and to bird Ne RELIANCE INSURANCE COMPANY thereby as fully and to Ito term among as If rwch bon& and wndertok-p end other mvitrn/e abl"jory in the ratwo itwoof vere riynoc by on EsaWM Offraer of the RELIANCE INSURANCE COMPANY and eaalaa and ottenod by err other of such offrors. end hereby ratrfir and oonfrrriv of) that in card Attornolris).n Fact my do in aurowenw h& f. TM Powwar of Attorney Y granted under and by authorit'/ of Ankle VI of Ito By•Lowm at RELIANCE INSURANCE COMPANY wkrdi tome atfearve lrpterrdler 7, 1973. whip+ provurona ere now .n lull forts and offect. reeding a 16111e04- ARTICLE Vlt — EXECUTION OF BONDS AND UNDERTAKINGS I. The Board of Drectorr. tho Resident. the Q+eirmoft of the Boyd. any f*n.or Vino Res.doni. any Via Prosident Or Ao.ftam Via Prowsont or other offww det.yrreled by tie Board of D-Tonon shall hers pwmr and eulhorny to 41 anoint Allot neys•w -Fast and to a.Rhor.ze that" to eaaciae on beho[l of the Comfti%r. bondk rid undertakings. r"niynve, mntrscts of indemnity and Otter vrrt.np obl-wort' in the nolwo thereof, rho (b) ore ronsow any audr Attorrry.n-FSe1 a1 any line and ►poke the poww and avihorify /iron to ham. 2- Attorrerse.•Foa 0011 has power and awtw►itr. %AblOCI to 111s terms and I-misStions of the power of morney trued io 1114m, its aRome and deliver on behalf of the Company. tiondl and un4rtakinp.,6*W janos. contracts of .rdernntty and tow iting Oblipnory in the netwa thwool. The owporats sac is not noawwrV for the na[rltty of any bonds and undartakinp[, ros,Snitaewn. contracts of rndlrhnily and other wwrnngs obirpotoey in rte natune iheraot. 2- Anorrimp"- r►Fact shelf rye nw , and oo lhorlry to eaeanis eff.dov,u rewired to be atiaBned to bores. ro"ttitanvs, conlrectt of "Aam- wity or other oono-t.Ona[ or Obrgelory orndertak.r.p aria they taut[ slso howl power and authorrty to Certify its financial rteterront of the Cornpeny and ID Oop.w of the By•Lawr of the CORWPny r any OM-00 Or uaaran thereof. This power of altornay is siyr.Oe end waled by facsimile wnder and by authority of live lollorrinq Rlto[wt.on w1c; ad by the Board of A.recton of RELIANCE INSURANCE COMPANY at a retying hole on the 5th day of Jwna, 1979.31 aenrer a pworum wit prosent, and old Raawtlon has not town amrnoad Or @poled. "Amolwed,ihal Ito o4 aturm of am& d•roMorl and 0".-Csrs one the foot of the Corrhpany tier to off,nad to any such pointer of attorney or any arl,fowla rown.rq owsmo by famw0a, and any Iuar+ poor of atla►My r 9e1111-Ml bwrrng such fact+nn.le fi"furea or ha.nnlio sear Nell to valid and bind -no coon the Compiny Slid any arid+ povmf w eoevred and a►rtdwe ov lsios. ire spatutw and fSa,m.le sear shoe[ be weld and binding upon the Company in the future vvith rwtaon to any band or wndertak.ng to wi* tC% rt is •nedhed " IN WITNESS WfhIEREOF, the RELIANCE INSURANCE COMPANY has a•uNd tl.ew presents io to er/riea by Its Vice Prnide d.and ateat s corporeto at to lie hereto aff.mo, tlsia 2 3 r d titer of June t9 8 7 RELIANCE INSURANCE COMPANY 9 "_ 3 . L - Vrw Rosoant 57ATE OF WashingtonCOUNTYM Ring OR " 2 3 r d Mrlr of June , is 7. parlonafly appeared Charles B . S chmal z to ne anion 1a be the ViaePresideni of the RELIANCE INSURANCE COMPANY. and actnewleaoea that he aaaWiad and arturtad this forepi'V i nuwnant and atfiaed rho vet of tad corporation thereto, and that Armis VII, Sst:tion 1. 2. and 7 of the By•Lews of mid Canhpany and the ftwolw- tio n, ash loath ehsreen, an sells in evil lame. �• My comma nidw E tflt6m: �r �� ti, i May 15 •1* 90 '• moseev Psibltc in and far shot. ssIV Washing a Itws.mat Tacoma 4 Lawrence W. Carlstrom . AoMoal Secrotary of the RELIANCE INSURANCE COMPANY. do hereby van tv that the abb- a nd forep oq Ir a Irwe and correct copy of a Power a! Attorney eu~vd by raid RELIANCE INSURANCE COMPANY. whnrch M still in loll frolr wad alifen. IN WITNESS WHEREOF. I lerre h+ewnto set my herd and offisad the teal of said Corrpewy IAb 11 th Ave ail De b 1s 91 f 1 Asistarre Sraretary �* last e` spa Lawrence W. Carlstrom r; y THE AMERICAN INSTITUTE OF ARCHITECTS ; 0 BID BOND NO.: SUR 15 02 94 ALA DocumenLA3l0 PREMIUM: INCLUDED IN BBSU Bid Bond KNOW ALL MEN BY THESE PRESENTS, Ihatwe BARNES/NATIONWIDE (A JOINT VENTURE) 0Ivrcrrurrtfull n.unc.ndwidrea�orlegal udeu1ConU-aCLQr) P.O. BOX 1422, PARAMOUNT, CA 90723-1422 as principal' hereinatter tailed the Pnncipal, and GOLDEN EAGLE INSURANCE COMPANY(Here nsenUnamaangoadrassor:ogalrmeatSurety) 7175 NAVAJO ROAD, SAN DIEGO, CA 92119 a corporation auy Organized under trio laws of the State of CALI FORINIA as Surety, herelnatter called the Surety. are held and orrriy boat' a unto CITY OF HUNTINGTON BEACH(Hato rserrrulname awcoaressor:egattirloofOwner) as Obiigae, hereinarter called the ObGgea, in the Sian of TEN PERCENT OF THE BID AMOUNT AM 10: OF BID ). for the payment of wNch sum weU and truly to be rncde. the said Pfinclpal and the sold Surety. bind ourselves. our heirs. executors. odrrlinisttafors. successors orxf asslgru. jolntiyand savefaliy, rurrdy by rhesa prasanrs. WHEREAS, tne Principal has submitted a bia for PROJECT NO. CC-740;(Harornsart full ncme. address OraCL'SCrrpnOnOfpfOleCr) CENTRAL LIBRARY EXPANSION NOW. THEPEFOPE. if the Obligee snail accept me bia of one Ptincipal ana the Prrnapal shoe enter into a Contract win the Onhgea in OCCO(donce witn Ina Term$ Of Such bid. and give sucn band or bonds as may ba specified in the bldaing Or ConirOCT DOCLMentS with good and surncient sL- 31y for the fairnrul performance of such Contract and for the prompt payment Of labor and motat101 finished in the prosecution thereof. or in Ina event of the fo-jura or the Principal to enter such Contract and give such bond Of bonds, if the PtinCipal sholi pay to Ina Obligee the dirfetence not to exCead the penalty nefoof between me amount specified in saia bia and sucn larger amount lot wnlch the Ooligae may in good larch Contract wan another pgny to perform Ina Work covered by sold bld, then ruts Obligation ZVI be null and void. Orhefwise to (amain in ft.;l force and effect_ Sigrk,d and saolad tins 16TH day of DECERBER 19 91 BARNES/NATIONWIDE (A JOINT VENTURE) (Principal) (Sear) PATRICTA A. 03aM (witness) 1. S INA . TATE,(Tala) PARTNER GOLDEN EAGLE INSURr1NCE COMPANY (Surety) (Seal) (witness) ERIN HEBERT, ATTORNEY -IN -FACT Air", DOCUMENT A310 • 80 BOND • ALA A) • FEBRUARY 1970 ED • THE AMEPICAN INSTITUTE OF ARCHITECTS. 1735 N Y. AVE. N W . WASnl.1GTGN. D C- 20000 1 GOLDEN EAGLE INSLOANC>E CO)PANT E)MCUTIVE OFFICES San Diego, California PaAER Of A"ORNET KNOW ALL MEN BY THESE PRESENTS, That the Golden Eagle Insurance Company, a Corporation duly organized and existing under the laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint: --->ERIN HESERT<--- its true and lawful agent and attorney - in -fact, to wake, execute, seal and deliver for and on its behalf as surety, bonds, consents of surety, and undertakings in -suretyship provided, however, that the penat sum of any one such instrument executed hereunder shall not exceed the sum of any and all bonds and undertakings, provided the amount of no one bond or undertaking exceeds five million dollars (S5,000,000.00). This power of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretary may from tine to time appoint Attorneys - In - Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys - In - Fact and revoke the Power of Attorney given hie or her; and be it further ,'RESOLVED: That the Attorneys - In - Fact way be given full power to execute for and in the name of and an behalf of the Company any and all bonds and undertakings as the business of the Company way rewire, and any such bonds or undertakings executed by any such Attorney -In- Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed. this February 8, 1991 GOLDOI CE COMPANY i i 1 STATE OF CALIFORNIA f % / COUNTY OF SAN DIEGO SS: By. 71, ael E. J07/ Pr silent On this 8th day of February 1991, before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came Michael E. James, President of GOLDEN EAGLE INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by lee duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said instrument by the authority ant direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hard and affixed my official Seal, at the City of San Diego, the day and year first above writrem. STATE OF CALIFORNIA SV '�'_ OFzICiAL �-AL T E° N HEBEr COUNTY OF SAN DIEGO ni@`A=y :L'.'.-CAL—.ANIA SAN OiEGO COL;NI'. I My Corm END Aug + u491 Notary Public I the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, 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 affect, and has not been revoked. IN WITNESS WHEREOF, 1 have hereunto subscribed my name as Secretary, and affixed the Corporate Seat of the Corporation, this 16TH day of DECEMBER 19 91 LARRY G. MABEE, Secretary ER OF ATTORNEY OF AORNEY SAFECO KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA SEATTLE. WASHINGTON 98185 No- __Soo That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ---------------------'4ARK E. SHRECKENGAST; Riverside, California -------------------- its true and lawful attorney(s)-1n-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 31 st ❑ay of -`fa .199, CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13 --- FIDELITY AND SURETY BONDS the President. any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys - Fit -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of its business - - On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced, provided, however, that the seal shall not be necessary to the validity of any Such instrument or undertaking " Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970 -'On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (I) The provisions of Article V. Section 13 of the By -Laws, and (Ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and {III) Certifying that said power -of -attorney appointment Is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof " I, Bah A Dickey. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct. and that both the By -Laws. the Resolution and the Power of Attorney are still In full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 3RD day of DECEMBER 19 71 5 1 Yv) -S 3 -96 oQ,%,Fr. I` i s SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANr OF AMERICA I+OME OFFICE: SAFECO PLAZA SEATTLE_ WASMINCTON Daia5 BID BOND KNOW ALL BY THESE PRESENTS, That we, Pw CONSTRUCT ION. INC— O f R I AL r0 CALIFORNIA (hereinafter called the Principal), as Fincipal, and SAFECO INSURANCEA (hereinafter called the Surely), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (he:cinafte: called the Obligee) in the penal 2-um of TEN PERCENT OF THE AMOUNT B 10 Dollars (S 10•ti ) or the payment of which the Princ:pal ana the Surety bind themselves, their Mrs. 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 CENTRAL LIBRARY EXPANSION NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond is required, with surely acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and scaled this 3qp day of OECE-+BER • 19 91 Witness Pw CONSTRUCTION. INC. (Seat) Principal Pawl G. Marshall, Jr. President -Title SAFECO INSURANCE C/qMPANY1 OF AMERICA By MARK E . SHR E C E NG A ttor ney -G:-F :ct 15100 PREMIUM -NIL- THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. 15 06 22 PREMIUM INCLUDED to ALA Document A3 10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we J . RAY CONSTRUCTION COMPANY, INC. 2699 WHITE ROAD, SUITE 150(Here inxrtfull nameand address or legal uilcofContractor] IRVINE, CA 92714 as Principal, hereinafter called the Princlpal.and GOLDEN EAGLE INSURANCE COMPANY 7175 NAVAJO ROAD (Here insert fun name and address or legal tine of Surety) SAN DIEGO, CA 92119 a corporation duly orgartized corder the laws of the State of CALIFORNIA as Surety. hereinafter called the Surety. are held and flm* bound unto CITY OF HUNT INGTON BEACH (-'Here insert full name and address Or legal tine of Owner) osObllgee.hereinaftercalledtheObligee.1nthe sumof TEN PERCENT OF THE ATTACHED BID------ -----------------------------------------------_----------------(10T OF BID ). for the payment of which sum well and truly to be made. the said Principal and me said Surety, bind ourselves. our heirs, executors, administrators. successors and assign. )ointty and severalty. firmly by these presents. WHEREAS. the Principal has submitted a bid for (Here insert U) name. address and descnprron of project) CONSTRUCTION OF CHILDREN'S WING OF THE LIBRARY AND A PERFORMING ARTS THEATER AND ALL APPURTENANT WORK. TWO STORY BUILDING WITH 42,000 SQUARE FEET. 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 at Contract Documents with good and sufficient si ary for the faithful performance of such Contract and for the prompt payment of labor and material fUrrushed in the prosecution thereof. or in The event of the failure of the Principal to enter such Contract and give such bond or bonds. it the PtinCipal shall pay to the Obligee the dfference not To exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good fairh contract vath another party to perform the Work covered oy sold bid. then this obligation shall be nun and void. otherwise to remain in full force and effect Signed and sealed this 16TH (Witness) 7_� VL;L_�:rur.." FS W.: _ CnL,%, dayof DECEMBER 19 91 J. RAY CONSTRUCTION COMPANY, INC. (Pmclpal) (Seal) (Title) '� "'"' `-`='' GOLDEN EAGLE INSURANCE COMPANY (Surety) (Sean (Witness) �V �G l� (rtte)ATTOR:IEY-IN-FACT ER N EBERT AIA DOCUMENT A310 • BID BOND • AIA t • FEBRUARY 197C EO • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N Y AVE. N W . WASHINGTON. D C 20006 ':4 GOLDEN EAGLE INSLRAMCE COMPANY EXECUTIVE OFFICES San Diego, California PULER OF ATTORXrEr %WOW ALL MEN BY THESE PRESENTS, That the Golden Eagle Insurance Company, a Corporation duly organized and existing urde'r the laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint: --->ERIN NEBERT<--- its true and lawful agent and attorney - in - fact, to make, execute, seal and deliver for and on its behalf as surety, bonds, contents of surety, and undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of any and al[ bonds and undertakings, provided the amount of no one bond or undertaking exceeds five million dollars (55,000,000.00). This power of attorney is granted and is signed and sealed by facsimile under and by the authority of the foltowing Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys - In - Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys- In- Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys -In -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -In -Fact shall be binding upon the Coapany as if signed by the President and sealed and attested by the Secretary IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed. this February 8, 1991 GOLDEII GL CE COIFIPANT STATE OF CALIFORNIA j _ COUNTY OF SAN DIEGO SS: By— l >/(l Mi ael E. .7ames� Pr sident On this 8th day of February 1991, before the subscriber, a Notary P is of the state of California, in and for the County of San Diego, duly coalmissioned and qualified, came Michael E. James, President of GOLDEN EAGLE INSURANCE COMPANY, to we personalty known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duty sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seat of the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. STATE OF CALIFORNIA :°:'�. 1�__ GF�i�•, L-.--< < EP N i'-6EF COUNTY OF SAN DIEGO KnTAay , iL.i.-CA LI;-FO-',A OFF:CE Fi _ 6R-NC:PAL SAN C-EGO COlihli My Comm E-p A4 1 1902 Notary Public I the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, do hereby certify that the original POWER OF ATTORNEY, of wfhich the foregoing is a full, true and correct copy, it in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 161 day of D£CEMBE.R 14 91. LARRY G. MABEE, Secretary 6r-lContinental insurance. BID BOND KNOW ALL MEN BY THESE PRESENTS: That . ..... _5hirley ...Bros: of---- ------- ------ ........... . ................................. - --------------- -------------------- - State of.... .............. ----------- - ........... hereinafter called the Principal. and.. Fi_rqmen_'s Insp-rancec.o.mpopy 9f. Newa.rk,,...N.e.w_ Jers.ey _ _. .. _ hereinafter called the Surety, are held and firmly bound unto . ..... CIty of.._H_unt_ingtqr!jBeach_-. ................ ...... . .. ............... ................................... ..................................... ...................... ................... ... .............. ..... ..... - ............... --------------- ------------------ . ................ . .............. ................. . ..... . ............. ...... . ... I .......... .... --------- of....... .. .... ... . .... . ..... . ..... . State of ....................................... .....•.. hereinafter called the Obligee, in the sum of ------- ----- ... ............ .... ..................... .. ............. ------- -- - --- ...... ---Ten -Percent of the Total Amount of the Bid.-(10%) ..... - - - ------- fat the payment whereof to the Obligee- the Principal bind its heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns,- firmly by these presents. 25th November Signed, scaled mad dated this .. ... ... . - .- . . .- day of ............... ..... . ..... .... 1991 Whereas the Principal is herewith submitting the accompanying bid dated Der -ember _10. 1991 - - . for... Central. Llbrary expansion.-- Project No. __88007 - _ ---- ----- ------------ . . ...... ---- ----------- ..........----- .Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and workmanship proposed to be furnished thereby, or as to any portion of the same, and if the Principal will, within the period specified therefore, or, if no period be specified, within ten (10) days after notice of the award of the contract, enter into contract with the Obligee, to furnish all work and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties, as may be requited, for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, within ten (10) days after such notice of sward of contract the difference in money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others for such work and material, if the latter amount be in excess of the former, but in no event shall the Surety's liability exceed the penal sum hereof. In S-itness Thereof, this instrument has been executed by the duly authorized representatives of the Prin- cipal and the Surety. ............................... (""W) Firemenys Insurance Company "ewark, .of New -Jersey . ...................................... ...... Surety By: .................... '''" Linda D. Coats, Attorney -in -Fact Attorney 11..11 U"D Pft"Wd im V-SA Firemen's Insurance Company of Newark, New jersey GENERAL POWER OF ATTORNEY Know all men by these Presents, That the FIREMEN'-S INSURANCE COMPANY OF NEVVARK. NEW JERSEY has made, constituted and appointic-d. and b r tltese presents does make. constitute and'apfsOint D. J. Picard, Anaheim, California its true and lm%iul attorney. for it and in its name, place. and stead to execute on behalf of the said Company, as surety, bonds. undertaking, and contracts of suretyship to be given to All Obligees - provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars This Power of Aporney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE ComPANY OF NEWARK, N[W JE R5E Y at a rneeting duly called and held on the 1311, da1- of January, 1989: •Rf50t%,[0 that the Cha.rman of the Boa,d. the v,cc Cha.rman or the Board the A".dem an [,rcur„e vice r',e,.drrn or a Sen.(), vice Prevdenl or a V.(e Pre, -den, of d,e Co -span% be and Char each O, an, w Them he,cht µ In r•ecvrr r1a• r-1 of Atio,n►. tlua).,..na file tno-no, nan.rdr .n till r• rr, rr e, or Aun•ne, In r.r-c uir •n tYhalr r,r rhr F1Riml N S I%SL:RAh'Cf COni Par.', OI N1 shAR/, hltl% tF RSF, Ir..n1, ;PwirnaL.nR, and all conr,a. I, O+ „n r..ar„(, ai•r1 0-a an -%1, l -1 %.(e r•,r„dr nl a 4(11111, Pr an A..••I.I.•t Set.rl a„ be and than eat h p, an, w +Ilan tw,rt" •, a„It,,,,-red in axe., tt,e r.ea uban OI an, su(l. Pb•• r, at Alin—, , ar.rt in tit,, 1, (I.e.,-w die %,aI v, it C 0n pa••. ►URT HE R RI501VI D that +he nRnailj,e- or such pin( iris and Il.e ual of ihr Compan, ma, be an..ed io an, ,ur 1, rc. rr or Attume, o, to ar.• (rid,( art rrla+n,R d+Pe19 b, tar ..n,.l.- andan,such Po,.r 0, AnO,ne•Or(eri.r4a+e bra ngsv(h Pars nule,.Vnarurel or facsimile sealshaR Lie,ar.dandb.nd.ngvpU} u,r Cgn.pan, And in the lviurr, Ill t-la,. +u an. bond- undertak.np or (onrran or'u,e+, ship if, „h.(h .1 ., auar hid In Witness ►i?tereof,,Fie F IRE roF N SINS L I R ANC F CONiPAN1 OF Nt wARK. NF k%' If 161 Y 11.)((.111tl-+f IIt nrtlr I.1I a .,I In Ix- l,rf rue+I,,.,IrI I,( (l and these presents io be s+grlyd b) Ol)e c71 its ``,(e I'lesidents and attesied b-, o+,e of its Assistar,l Vite PleSidenlS this 1(}t1jti.l., Y March .19 89 FIREmEN S INSURANCE CO•MPMNN OF NMARK tif�i" IERSf hair I: • •• B. D.t Banu Aspstani L.(r irrs,(fen• , � fis s -.L _ %',te P,e.,tlrn, TAT OF CO'4NECT10UT SS -OUNTY OF HART FORD On this 10ttiJay of March IQ 891.elnle me peri-on.01 Cane Emil 8 Asket, . to me knr,,vn. ,+hn being by nie dull. sworn (lit[ enose and say that he is a hive Ple-cient of tt,e r IR[ NIEN S tr:Sl_IR AN(:E CC)MPANY Or NE VVARK- NI V1, ff RCE Y- the rogKiy lion rfe%( rilirrl its -)d which executed the atxn•e instrument_ that Ite knows the seal of the said corporalior,- That the seal alfi.ed to the said instrument I, Sut h orporate seal; that it %%as so afiixed by order of the Board 01 pi, * 1 of said cotporatio91). e signed his name thereto by like orrirt- f 1 * Se?( kids Notary Public My CotnmiSsiort I.xl)ires MarCh 31, 1993 ie,1:Ct�� C€RIIFICAIE I, the undersigned" an Assistant Vice Pretiden: of the flREMEN'S INSURAwC_E COMPANY Of NEWARK NEW JERSEY. a New lei%ei .rporalion. DO HEREBY CERTIFY that the foregoing acid attached Power of Arlorneh remains in hull force and has not been revoked. ,trld ahermore that the Resolution of the Boa.-d of Directors. set lorrh in the said Power of Attornet- is nc) + in force Signed and sealed at the to,%no! Farmrng:on, in the State of Cal'-W.�ij l' t.- ?cried [lie 22ND t9at- of NOVE?ABER 1991 1fA \ i \• .. ' ' nms lam Ms.,,am s.ca Prr..drnl / �Otiba3151. r.. ......... c . Firemen's Insurance Company of Newark, New jersey GENERAL POWER OF ATTORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW IERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint Linda D. Coats of Pasadena, Califorina its true and lawful attorney, for it and in its name, plate, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to AJ.1 Obligees provided that no bond or undertaking or contract of suretyship executed under this authorityshall exceed in amount the sum of Unlimited Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duty called and held on the 13th day of January,1989: "RESOLVED. dsat the Charmm of &W sowd dse Vine Ch&vvv t d the award, the h es;derr; an EaaA Vie P+esideru or a senor Vice heudem or a Va@ Resident ci the Campaeq. tx and Slat each of xry of OWn hereby is. twhonzed to ea cu It Pis of Anortwy QLQh# q the attorney named in the even Powv of Attorney to ezearte n behal! of the FIREMEWS INWRAINCE COMPANY OF NEWAM NEW JERSEY, t+an&. u 4&UkrnV and &A contracts of suetyship; and that an Amaunt Vice Pn-Ade-nL a Secretary or an Assistant Sevetry be, and dw sad► or any of them hereby is, audwnzed to anew the t ucutton of any such Power d Aftwrxy. and to anal+ thereto the seal of dse Company. FURTHER RESOLVED. that the Wuru es of sud+ office n weed the seal of the Compamy may be of ed to" such Power of Artotney or to any ce+uka a rew" thereto by bcsaride, and any such Power of Anomey or omtAcaie beavq sudr fsoamite si wpnor bcwwwle seal shad be valid"bmdute upon the Company wt*n so affwed and in the h t m with respect to any bond, wmkw akirta or owmad of ymetyship to wtuch it is atadwd" In Wdrtess Wtlerrof, the FIREmEMS INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 31day of July 1991 Attest: FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY By D.L bar" Assatrrt Vice Pnssdertt C w1harn L F,mrsshtdt, V4a Rsidert STATE OF CONNECTICUT COUNTY OF HARTFORD On this 31day of July , 19 9,lbefore me personally came William Z. Fornshelt, tome known, who being by me duly sw+om, did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above instrument: that he knows the sea I of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed byorder of the Board of Directors of said corporation and that he signed his name thereto by like order. UGtAp "4a GLORA D 5EEKrNS� NOTARY PUBM C10tTTF1CATE my C wnrnwbn Ettptrw March 31. 1"3 1, the undersigned, an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW )ERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney ternains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, the State of Connecticut. Dared the 2JL" da of Novemberlg 91 cane. AssntarM r We' I. e Pretu6en 21 BOND,315t Panted to U.SA Bond No. That we. CHUBB GROUP OF INSURANCE COMPANIES ORIGINAL BID BOND 8127-15-17—B FEDERAL INSURANCE COMPANY Amount S 102 OF AMOUNT BID Know All Men By These Presents, SUMITOi7O CONSTRUCTrON AMERICA, IBC. (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY. Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana. (hereinafter called the Surety). as Surety. are held and firmly bound unto CITY OF HUNTIBG" BEACH (hereinafter called the Obligee), in the sum of TEN PERCENT OF TEN AMOUNT Dollars (S 10% OF ANT BID ), for the payment of which we. the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns. jointly and severally, firmly by these presents. Sealed with our seals and dated this 3RD A_ D_ nineteen hundred and ninety one. day of DECEMBER WHEREAS. the Principal has submitted a bid, dated DECEMBER 10 `or CENTRAL LIBRARY EXPANSION — CHILDREN`S WING. 19 91 NOW THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference. not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. SUMmmo COIIYSTRUCTIoB AMSRICA, ZNC. Principal By: - - SHINGO ITO, ECRETARY/TREASURER FEDERAL INSURANCE COMPANY By- 64====' C. K. NAKAMURA, AT7VR1JEY—IA—FACT PA Nt90 tea•-+ '5-02 9002 ija y 4.905 'J.09W . I f POWER OF ATTORNEY v Know all Men by these Presents. Tnat the FEDERAL INSURANCE COMPANY. 15 Mountain. View Roac. Wa-ren New Jersey. an Indiana Corpor Tien. has constituted and appointed. and does hereby constitute anc a;)Dolnt Timothy P. Wolcott, Cassie J. Berrisford, C. K- Nakamura, Cora Rodriguez and Kenneth R. Robson of Los Angeles, California ---------------------- each Its true and lawful Attorney-In-Fac' to execute under such designation In Its name and to affix its Corporate seal to and deliver for and on its behalf as sure thereon or otherwise- Donds of any Of the forlcwrng Classes. to -wit 1 Bonds and Undenak[ngs (other than Bail Bonds) mec In any spit, matter or proceeding in any Court. or Bled with any Snerift or Magistrate. for the doer or not doing of anytrung spec;fleC :n such BOnC or Undertaking 2 Surety bonds 10 the United States Of America or any agency thereof. including those required or permitted under the laws or regulations relating to Castor- or Internal Revenue. License and Permit Bonds or Other Incemnity bends under the laws. ordinances or regulations of any Stare- City. Town. Village. Boa Of other body Or organlzatlon. public or private. ponds to Transportation Companies. Los: Instrument bonds. Lease bends. Workers' Compensation bone Miscellaneous Surety bond$ and bonds on behalf of Notaries Public. Snenffs. Deouty Sherltts anC Similar aubl:c officials 3 Bonds on benalf of Contractors to Connection with bids. proposals or contracts In tlsltri"S Whereat ire spa FEDERAL INSURANCE COMPANY has pursua' i ro its Br:.aws caused ;reSe pras&nts to be synod Dy its V.Ca Pref4er. anC ASpstant Secretay and as coryoraw s ID ore nfrelo an.,ed In.s 1 5 C clay Mav 19 90 Corporate $eal "4 Ili chars D CCO-inc, AatiaLnl Sacre[uy STATE OF NEW JERSEY County of Somerset ss FEDERAL INSURANCE COMPANY r rs D Jaen ViCe President On mq 1 S C day or Ma v 14 90 Wore me prfor-Wir Came Rclard D C Cnn-w b '*f .no— am br me .na.n m ore assarani Secretary of tr* FEDERAL IA SURAN• COMPANY. In* corborahi)n desC•.oed .n ant) wnKn oitoc ,r_ the ioregc•ny dvre• o: A-.crrey jnC 7nL sa,c aK,ard C Ci._nnar bf rig .l me duly S.cr., _,; of]asf a.':. far t,al .v S A Lstar.: SKretary of ' FEOErtAL INSURANCE COMPANY and ■nodes the CdrWra:o seal rherfor- tna: The Seal affixed 10 [he Wragd.ng Powe• a Attorney s WCh Corporate sear ana was tnerelo affixed oy au[hdrtty a rho By -teas of Sr Company and Inn me signed Said Power o' Anor.-my as A$":ar: Secreta^y of sa:a Coriwgy oy iixe awnori[y. and :ha[ no .s apus.med with James 0 Dixon and .'+ows rim :o Do try VCe Pres.dsm of sand C Phoa and 0MV"1.9nature of Sao James D Dawn suastnDed to Said Power of Attorney rs.n [he genwrio narownnng o! saw Jarhms D DmOA and ides :nerro SuDX:,Ded by au[Wrfy of fad StILP des and .n daponery sprWn. Natanal 7 ACarlofrl&dW and Sworn to before ma C1 on in* 3610 000e wr.nen U FIp7,�V G � _ r PUBLIC • • COLETi{ I D..SCUt.i' Nas'y PuIMC I$-'' JE5k CEirftFICAT10N Hilary Public Sato of No•. Lena-, STATE OF NEW JERSEY 1 Ss County of Somerset I I- the unda7.gnea- Afs.siam secretary of in* FEDERAL INSURANCE COMPANY ao narecry Comy [nai trip rollp.r.ng .s a :rue eyCerpi from ine By -Laws of the said Company ea too0te0 oy qu Surd of OmW on March 2 IM and Ins: rrs ByL&w .f .n I'll 'Crce ana enec: -AFrrlCLE x•:I:l Soct.on 2 All bonds underts.wVs. comracc-3 &no Cline• .r.rrurnarlts oiner lha, as &owe for ana on Denali of the Comoary wmcn a a aun.](.Hd by frm or its cnanr to "@cut* may and artau be exateuted ,n [n• name and on Wnalt or the Company anrer try me Ch&.tM&n or the V.w Charifnan of 11w Pres,aenf of a VCa Pres4emt fi n[y will. me Secretary or an ASSatam Secretary under Rea redo -C nfa des.gr.al.ora *.Copt that any snit or "we once s of anon yy1•.n•ieN des.gnaiee .n any refaulron or ire Board of Orrecrors a :re E,iCutr.q Comm roe or .n any pa.gr o' a[tornay eaacuW as pronded for .n Sm*n 3 Defow• may &aeeute any such Bono. unaeruting a oinof ooi.Wion as 0,0.r4W .n such resdulwn or ao,.ef a attorney Senan 1 U 00i-STM Of WICirn y. for and a. behalf Of ma comparw may am stroll to executed A [ref rarne am W D~ a the Company amw oy Ire Chairman of rev Yoe Cma• Tian of the, Prewa*m of a Vrw Prosil or an Asantant vice Pres d&m- pruty with The Secretary or an A taistant Socm&rV under Thar faspeana aas,graloro Trio 1.gnature of such onCars may Da engro ed. printed or IrrhoWaprled The s"wrei or eam of trir 60**,ng dn.Cws Chairman- VCe Chinnan- Prafafrm. any VCa Pre1.0ant any Aa4atarlt Vloo Pres,aem- any Secretary any Assistant Sareruy and The Seal of uw Company may be grimed by racoxim" W any potter of momar or to any ar .inure rHatl.g umnlio apdifor••ng Assmam 54a101af4l a a ;an for pyrpbsaa Only a eucrt. artarnF>s. ^9 and attasfr.q borl0a and .,noarla•rg1 and arw w^0^gs oagarory n The nMure rAiIK"- ono arty such pd..ar of arlon.feV Of part MO dearng auCA 46srmra spriaun of tacariw wag SW De ral.d and orawg upon rho Como" and any sucn potter so am wW and cerlR.ad a s.en rac&rtw Mris[ure &rid Ia"ifmrre feat shall be Vabd and bdWdV upon the cbm,04rf with respW 10 at•1r bond or unOrtasmg to whKh .[ .s anWhad -- I Turner cvrt.ty that u4 FEDERAL INSuRANCE COMPANY .s duty fcermaa n transact f4alrty ana surety Cus•r.eag m each of the states of the undw stages of A rierCa. Ogtrrp of Columbia. Py&no acre and eat, of P•o..ncfa of C&naca w.in tre e.covi.on of Pnnce Ed and isiame And a afsd duly l.Csnaed to become sow wre:y on bonds uMertaw.n9S OTC. permmed or re0u.fed W Saw I. dent uraer%gnea Assistant Secwsry of FEDERAL WSURANCE COMPANY Do nereby cart.ty That me foregoing Fb..er of Anwfwy s in Tull Wrce and er'eC - G..en unO:r n n �.►rd and irl Baal CO said Compayy &r Walla.,. N J _Inns 3RD _ pay a DSCEPB" 1g 91 Cof�orale Sol u �SgR �hc f Aasrwrit !.c*wfy cC 0 0 10 a } (GENERAL A ❑ FIREMAN•S FUND INSURANCE COMPANY �t a n❑ THE AMERICAN INSURANCE COMPANY {,J NATIONAL SURETY CORPORATION BID OR PROPOSAL. BOND :MHr5 FUPW ❑ ASSOCIATED INDEMNITY CORPORATION Dt5lJRAX=EM4PA)GM11 AMERICAN AUTOMOBILE INSURANCE COMPANY KNOW ALL bTri BY TMF. PRE ENM That We. SWINERTQN & WALBERG CO. (hereinafter culled the principal), as principal, and THE AMERICAN INSLMANCE C'Jl'LDA.'QY , a corporation or+gaa- (zed and doing business under and by virtue of the laws of the State of NEBRASKA , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertofurtgs required or authorised by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNT INGTON BEACH (hereinafter called the Obligee) to the just and foil sum of ------------- TEN PERCENT OF TOTAL AMOUNT BID -------------- ------ Dollars IS------ 10%------) lawful money of the United States of Americo for the paMent of which. well cad truly to be made, we hereby bind ourselves and our =d aach of our successors and assigns, jointly and sevaroft firmly by these presents - THE CONDITION OF THIS OBIIGATION IS SUCH 'CHAT, WHEREAS, the above bounders principal as cioresmd, is about to hand its and submit to the obligee a bid or proposal for the CENTRAL LIBRARY EXPANSION r---\ _ NOV 25 `"• 19 a r .. in accordance with the Flans and specifications Cued in the office of the obligee and under the -nonce innting proposals therefor. NOW. THEREFORE, if the'bid or proposal of said principal shall be accepted, and the contract for such -rori be awarded to the principal th4reupon by the said obligee, and said prutnpal shall enter into a contract and bond for the cnmpletton of said work as required by tarn, then this obligation to be =�1: end void. otherwise to be and remaus in full force and effect IN WITNESS WHEREOF, said Principal and said Surety have caused 11kese presents to be duly signed and sealed this LOTH day of DECEMBER 17 .19 91 SWINERTON & WALBERG CO. 360277-4.81 �an.Y•.n•Fa-: GENERAL P09VER OF ;vATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20. 1846, and redornesticated to the State of Nebraska on June 1. 1990, and having its principal office in the City of Omaha. State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint -----TERRY J . MOUCHM----- its true and lawful Artorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead. to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizance, or other written obligations in the nature thereof -.-------.----------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorncy(s).in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII. Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Articie VIE:. Appointmesrt mW Authority of Resideaf Secmmrier, Attorneys in -Fad rnd Agents to accryr Lena! Froc= and Mahe Apprsrtram. Section 45. Appointment. TM Cbnirman of the Board of Directors, the President. any Vice -President or any otber person aatborised by the Boatel of Directors, the Chairman of the Board of Directors. the President or may Vice-Presideat may, from time to time. appoint Resident Assistant Seeretarfa and Attorneys -to -Fart to repeeseat mod act for and on behalf of the Corporation and Agents to acecpt legal process and make appearances for and on behalf of the Corporation. Section 46. Aothotfty The authoriry of such Resident Assistant Seereuries, Attorneys -in -Fad and Agents shag be u prescribed In the Instrument evidencing Their appointment. Any such appointment and W authority granted thereby may be revoked as any time by the Board of Directors or by any person empowered to maize such appointment " This power of attorney is signed turd sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July. I994. and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Via -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney. on any revocation of any pourer of attorney, or on any certificate relating thereto, by facsimile. and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be herettato affixed this 1 SC day of June .19 -3-Q_. THE A.MERICAN INSURANCE COMPANY STATE OF CALIFORNIA 1 COUNTY OF MARIN On this 1 S C day of June I , 19 90 , before me personally came R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which execrated the above instrumcat; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he sinned bLL- [tame the; eto by like order. IN WITNESS WHEREOF, I have hereunto set my band and affixed my official seal, the day and year herein first above written. �NttautttaMsattnlatttuaatMwtttuttKwtttstmttt{s y = OFFICIAL SEAL J. M. VANDEVORT i NOTARY PUBLIC -CALIFORNIA Principal Office in Matin County • _ its cowntittfen Eapint Aug. 21. H42 = 11oll old@ MR" team rMltrrralrOrr1108M1l1t p1rltl oil trll STATE OF CALIFORNIA COUNTY OF MARIN CERItt CATE I, the undersign-%% it acm Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the forcgotris and a: tv- ied POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore that Article V I1, Sections 45 and 46 of the By-laws o: ,ire Como -.arm:, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. S;gned; rn s- aed at xhe County e.'%tarin. Dated the —10TH dayof DECF-MBER i9 91 360711-TA-6-90 (R E V ) r f-0Confinental KNOT ALL MEN BY THESE PRESENTS: That, _ A. R. Willinger Co., Inc. .. .. ... of--- -• ----••--- - •- . . ... _ .... .... ... ..... . . . .. .. , State of - - ----- ------------------------------- hereinafter called the Principal, and ---..firemen's Insurance ,Qompany 0f._Newzx-k.. New Jersey ...- - -. hereinafter called the Surety, are held and firmly bound unto .. _ City. of Huntingt.on..Beach. ..... ...... ... ..... - -- -. - -- . ... .. ...... of, State of •------- •- •.... .......... ..... ..• -- hereinafter called the Obligee, in the sum of ..... .......... --Ten -Percent of the. Total_ Amount of the. -Dollars; for the payment whereof to the Obligee the Principal bind .... ......... iLs.-..... .... ..-- .. heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns, firmly by these presents. Signed, sealed and dated this 2ndday of December , 1991 Tbereas the Principal is herewith submitting the accompanying bid dated . - December 10, 1991 for .- _Central. Library ..expansioa.....Project Na..$$001. • - Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and workmanship proposed to be furnished thereby, or as to any portion of the same, and if the Principal will, within the period specified therefore, or, if no period be specified, within ten (10) days after notice of the award of the contract, enter into contract with the Obligee, to furnish all work and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties, as may be required, for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, within ten (10) days after such notice of award of contract the difference in money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others for such work and material, if the latter amount be in excess of the former, but in no event shall the Surety's liability excece the penal sum hereof. In Zitness Thereof, this instrument has been executed by the duly authorized representatives of the Prin- cipal and the Surety. A. R. WillinBer Co., -Inc,. ......I .................. (Seal) �na� By:........Q/ -. .. ............................... A. R. WillingE ecretary-Treasurer Firemen's Insurance Company of Newark, New Jersey ......... .................. I.......................................... Linda D. Coats, Attorney —in —Fact /f#q'rlfg(+/ sowstsiao PrWand r u.s.w Firemen's lasurance Company of Newark, New Jersey GENERAL POWER OF ATTORNEY Know all men by thm Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint Linda D. Coats of Pasadena. Califorina its true and lawful attorney, for it and in its name, place, and stead to execute on behat(of the said Company, as surety, bonds, undertakings and contracu of suretyship to be given! to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authontyshatt exceed in amount the sum of Unlimited Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duty called and held on the 13th day of January,1989: " 1tt SCXVM. rhw the C)urw n of the Sowd, the Vkv Clw mw of Ow Bawl. Ow Prem&wv. an Ex*cmm vkx Resident at a senior Vice Fmuknt w a Vice Pm dmv of the comp". be. and that each or eery of them hemtw b. V-d%mued to omwe Powm o(Ar4me y quAhwgd* mwmey named in the Vveo tower of Anomey ro mgcuts rr beW d the FiREr sW5 tr,GURANCE COMPANY OF NEWARK. P4W JERSEY, bor+ds, un6wtakinp and all wnVsM d wrvtVL%0. and that An Ann ant Vie President, a Se Wwy or an Aasstam Seeeury be. and dut each or eery of dwm hsweby a oath anad to attest the oucuoon of arty such Pewee o(Anarr y, sod to anxh them* the seal of the Compaq. FURTHER REUXVED. than the Mun:es of sad+ oNtirm and the seal of the Campvw rrsry be adored to env such Pw w of Anomey or to any cMjhnte eein" &*,"o by b wnhe. and arw wdr Power of Artarney a tertir+cate beams moth bcin k swattxes or tanrrrtde seal "be valid srd tsin" upon the Company when so afraed and n the nature weh mpert to any bond. mderrahiuiR or tonvaa of u its yov to wtkkh e a a-- I - 4 - In Wibaess Whereof, the -FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seat to be hereunto affixed, and these presents to be signed by one of is Vice Presidents and attested by one of its Assistant Vice Presidents this 34jay of July . 1991 Attest: FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY By r w 0-L tlanta. AMOW11 vbe Prudes ��: .s. �1Wtltirer Z. Farnthelt, Yroe Prea:ders STATE OF CONNECTICCIT FC COUNTY OF HARTFORD On this 3lday of July . 19 g 1tefore me personally came William Z. Fornshell, to n,e known, wtto being by me duty swarm, did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY. the corporation described in and which executed the above irtstruff*nt; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by litre order, �►• o srr "OtAnr " P �• �� CERTIFICATE 'e, V-4�� GLC40A D. SEEKINS NOTARY PUSUC My Conmeman topics March V. 1"3 1, the undersigned, an Assistant Vtce President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HERESY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, the State of Connecticut. Dated the 2nd . da of De DIV 11991 r • 1r� 1• . Aa,rwnt vh,. Phr►rdenr 6yI-'4^ 43151 Pnn(ed H USA r PROPOSAL DOCUMENTS CITY OF GTON BEACH CENTRAL LIBRARY EXPANSION CC-740 PREPARED BY: ANTHONY AND LANGFORD f ARCHITECTS ARCHITECTURE • ENGINEERING • PLANNING 16152 Beach Blvd., Suite 201, Huntington Beach, CA 92647 (714) 848-1818 Project No. 88007 October 21, 1991 CITY OF HUNTINGTON BEAC-[ CENTRAL LIBRARY EXPANSION Notice Inviting Sealed Bids 2 Information For Bidders 4 Bid Proposal 2 Information Required Of Bidders 5 Non —Collusion Affidavit 1 Certification Of Contractor ] HUNTINGTON BEACH LIBRARY EXPANSION PROPOSAL DOCUMENTS TABLE OF CONTENTS — 1 • 1 i IIR, } Notice Is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the CENTRAL LIBRARY EXPANSION In the City of Huntington Beach, California In accordance with the plans and specifications and special provisions on file In the office of the Director of Public Works. Documents will be avaIIable on November 5, 1991. A charge of $180, not refundable, will be required for each set of specifications and accompanying drawings. Construction of the Central Library Expansion Lump Sum In accordance with provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Architect, Anthony and Langford/Architects, 16152 Beach Boulevard, Suite 201, Huntington Beach, California, telephone (714) 848-1818. Architect's office hours are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 12:00 noon on Fridays. No bid will be received unless It Is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. Substitution of securities for any monles withheld by the City to Insure performance shall be permitted In accordance with provisions of the California Government Code, Section 4590. No bid wi l I be accepted from a contractor who is not licensed (a Class "B" EGeneral Building Contractor's License]? In accordance with the law, under the provisions of Chapter 791, Statutes of 1929, as amended, or Chapter 17, Statutes of 1939, as amended, or to whom a proposal form has not been Issued by the City of Huntington Beach. A pre -bid conference will be held at the existing Central Library facility at 10:00 a.m. on Tuesday, November 19, 1991. The meeting will enable the bidders to acquaint themselves with the existing conditions at the Library, and will give the bidders the opportunity to ask questions. All bidders are strongly advised to attend. HUNTINGTON BEACH LIBRARY EXPANSION NOTICE INVITING SEALED BIDS - 1 Each-bId shall be made out on a form to be obtained at the office of the Director of the Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 p.m. of December 10, 1991. The Bids will be opened and publicly read by a committee composed of the City Clerk, the City Attorney, and the Director of Public Works or their authorized representative in the City Council Chambers of the City of Huntington Beach immediately after the Bid filing deadline. The results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting held on Monday, January 6, 1992, at the hour of 7:00 p.m. in the City Council Chambers In the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of January 6, 1992. The City of Huntington Beach reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the city of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, Californla this October 21, 1991. ATTEST: Conn'fe Brockway City Clerk HUNTINGTON BEACH LIBRARY EXPANSION NOTICE INVITING SEALED BIDS - 2 %I 0;vW !n! m .1101 r GENERAL The City Clerk of the City of Huntington Beach w I I I receive, open and declare In the City CounclI Chambers, Huntington Beach City Mall, 2000 Main Street, Huntington Beach, California, sealed proposals for the following project: CITY OF HUNTINGTON BEACH CENTRAL. LIBRARY EXPANSION SCOPE OF WORK A. GENERAL AND SPECIFICATIONS: The Work consists of the construction of the Children's Wing of the Library and a performing arts -type theater and all appurtenant work In connection therewith. B. The Work shall completed within 550 consecutive calendar days (approximately 18 months) as Indicated In the General Conditions. C. CONTROL OF WORK: The City shall decide all questions which may arise as to the qua IIty of, and acceptability of the materials and work. Control of work, equipment, and Inspections shall conform to Section 2 of the Standard Specifications. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROYiSIONS, AND SiTE OF WORK A. The Bidder shall examine carefully the site of the work contemplated and the Plans, Specifications and Contract Documents, therefor. It will be assumed that the Bidder has investigated and Is satisf led as to the general and local conditions to be encountered, the character, quality and quantities of the Work to be performed and materials to be furnished, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, and the requirements of these specifications. It is mutually agreed that submission of a proposal shall be considered prima facia evidence that the Bidder has made such examination. No verbal agreement or conversation with any office, agent or employee of the City either before or after the execution of this Contract shall effect or modify any of the terms or obligations herein contained. B. Copies of the Plans and Specifications are available at the office of the Architect as indicated In the Notice Inviting Sealed Bids. in addition, the City will have available for examination, copies of the drawings of the existing building and copies of the Soils Report. Arrangements can be made to enable Bidders to purchase copies of these documents. C. If any Bidder should find discrepancies In, or omission from 'the Contractual Documents, he shall make a written request to the Architect for correction, clarification or interpretation of the point in question. HUNTINGTON BEACH LIBRARY EXPANSION INFORMATION FOR BIDDERS - 1 SUBSTITUTIONS The materials, products and equipment described In the Bidding Documents establish a standard of required function, dimension, appearance, and quality to be met by any proposed substitution. No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shaft include the name of the material or equipment for which It is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work including changes in the work of other contracts that incorporation of the proposed substitution would require shall be Included. The burden of proof of the merit of the proposed substitution Is upon the proposer. The Architect's decision of approval or disapproval of a proposed substitution shall be final. If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth In an Addendum. Bidders shall not rely upon approvals made In any other manner. FAIL .1 Addenda will be mailed or delivered to all who are known by Issuing office to have received a complete set of Bidding Documents. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. No Addenda will be issued later than five working days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid. NON --COLLUSION STATEMENT Each Bidder submitting a Bid to the Owner for any portion of the Mork contemplated by the documents on which bidding is based shall execute and attach thereto, a statement substantially in the form herein provided, to the effect that he has not colluded with any other person, firm or corporation in regard to any bid submitted. BID The Bid shall be made on the forms contained in the separate volume entitled "Proposal Documents". Bids submitted on forms other than the ones issued to the Bidder will be disregarded. HUNTINGTON BEACH LIBRARY Ex°ANS10N INFORMATION FOR BIDDERS - 2 The Bid form must be filled out in full giving the price Bid on the schedule provided therefor, and must be signed by the Bidder or his authorized representative, accompanied by proof of authority to bind the Bidder. The Bid must be accompanied by a fllled-out executed "Information Required of Bidders" form. The -Contractor shall be directly responsible for at least forty (40) percent of the Contract bid amount. This portion of work shall encompass the performance of work by the Contractor's forces and equipment and the procurement of materials and equipment by the Contractor. Subcontractors shall not be responsible for the performance of any work or procurement of materials and equipment within the above Contractor's work percentage allotment. The complete volume shall be enclosed in a sealed envelope bearing the name of the Bidder and name of the project and shall be delivered by the time and to the place stipulated In the Notice Inviting Sealed Bids. It is the Bidder's sole responsibility to see that his bid Is received in proper time. Any Bid received after the scheduled closing time for receipt of bids will be returned to the Bidder unopened. The Bid may be withdrawn by the BIdder by means of a written request, signed by the Bidder or his properly authorized representative. Such written request must be delivered to the place stipulated In the Notice Inviting Sealed Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids. Fall ure to furnish a Bid price for all bid items or unauthorized conditions, limitations or provisions attached to a bid will render It Informal and may cause Its rejection. Bids may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids , Incomplete bids, erasures, or Irregularities of any kind. Any mistakes and their subsequent corrections shall be Initialed by the Bidder. Oral, telegraphic, or telephonic proposals or modifications will not be considered. In the event the total Indicated bid schedule does not agree with the sum of the prices bid on the individual items, the prices bid on the Individual items shall govern and the total for the schedule will be corrected accordingly. The City reserves the right to reject any and all Bids and to waive any Irregularity or informality In the bids and in the Bid process. Bids will be opened and read publicly at the time and place indicated in the Notice Inviting Sealed Bids. Bidders or their authorized agents are invited to be present. BIDDER'S SECURITY All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or a bidder's bond executed by an admitted surety Insurer, made payable to the City of Huntington Beach in an amount equa l to at l east ten percent (10%) of sa i d b i d, and no b I d sha l l be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. ' HUNTINGTON BEACH LIBRARY EXPANSION INFORMATION FOR BIDDERS - 3 . COMPETENCY OF BIDDERS In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the proven competency of the Bidder for the performance of the work covered by the Bid. To this end, each B i d shall be supported by a statement of the bidders experience as of recent date on the form entitled, "INFORMATION REQUIRED OF BIDDER" bound herein. No Bid for work will be accepted from a contractor who Is not licensed In accordance with applicable State Law. DISQUALIFICATION OF BIDDERS More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the work contemplated may cause the rejection of all bids in which such Bidder is Interested. if there Is reason for believing that collusion exists among the Bidders, all Bids may be rejected and none of the participants In such collusion will be considered for future proposals. SUMMARY The following completed Items or documents must be submitted In a sealed envelope, labeled as previously described, in order for a bid to be considered. A. - Completed Bid form; B. Bidder's Security; C. information Required of Bidders; D. Non -Collusion Statement; E. Certification of Contractor. NOTE: All of these items are contained In the "Proposal Documents" package for the Bidder's use. These documents are also Included In the full set of specifications for the Bidder's reference. HUNTINGTON BEACH LIBRARY EXPANSION INFORMATION FOR BIDDERS - 4 BID PROPOSAL CENJOSI aZ02.. INC. _ Firm's Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the Notice inviting Sealed Bids for the: CONSTRUCTION OF THE CENTRAL LIBRARY EXPANSION I hereby propose and agree to enter into a contract to perform the Work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for said Work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bids from any subcontractor or meterialman through any bid depository, the ty-laws, rules or regulations of which prohibit or prevent the contractor `rom considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor on materialm,an from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishings of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications, and special provisions, on file in the office of the Director of .01ic Works, City of Huntington Beach, California, I propose and agree to take full payment therefor to wit: ITEM NO. ITEM WRITTEN IN WORDS TOTAL BASE BID S S v 3 61 De>n HUNTINGTON BEACH LIBRARY EXPANSION BID - 1 The undersigned agrees that the above price wlII be valid for a period not to exceed 60 days after the date that Bids are due. The undersigned understands the Contract time IWit a[totted for the Contract is _ 550_ CALENDAR_DAYS____.___..___..__ if awarded the Contract, the undersigned hereby agrees to sign said Contract and furnish the necessary bonds within ten (10) days of the award of said Contract, and to begin work within ten (10) from the date of approval of the Contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the Contract. Accompanying this proposal is ------ 31 :-20D--__-_-_-____ (S 10` )- NOTI0E: Insert the words "Cash", "Certified Check", or "aidderIs Bond", as the case may be, in an amount equal to at least 10 percent of the total bid price, 'payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated darrages in case this proposal is accepted by the City and the undersigned shall fail to execute a Contract for doing said Work and to furnish good and sufficient bonds in the form set forth in the specifications and Contract Documents of the City, with surety satisfactory to the City within ten (10) days after the Bidder has received written notice of the award of the Contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for Tye recistration of ontract License No. _2S$719-------_-- WE(5iARIT .I1.rij lti._-_________- EXECLfTaL_UUL P.RF_�U------ Signature of Bidder Business Address i_42 C0RP0RATE DARE; 1 QQ._jRvINE, CA 92714 Place of Residence _ IRVIAL CA Date this 11-_ day of _ DECF--3ER ...... I' 9_91_ Bidder shall signify receipt of all Addenda here, if any; Ad6yndym NQ, Ate Receivy9 ----____ I ------------ ------ -------- 2 ----------- _ DECE NBER_ 9s_ 14° 1_-___ 3 - DECEMBER 1 1, 1991 4 DECEMBER 12=-1991 -------------------------------------------- 5 DECE BER 13, 1991 HUNTINGTON BEACH LIBRARY EXPANSION BID - 2 I NFQRMAT I ON REQU I RED OF _BI DOERDM The bidder is required to supply the following information. Additional sheets may be attached 1f necessary. If requested by the City at any time, the bidder shall furnish a notarized financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of his current financial condition. 1. Name of Bidder: L______________--______________ 2. Address of principle place of business In California: _—#42 CORPORATE PARK s_ SUITE 200----_____�-------------------____-- ..__IRVINE,_CA 92714 ----------------- ----------------- ----- ------- 3. Telephone: _�7141_474 -2333_____________________________-__----.-_-- 4. Type of Firm: ) An individual doing business under his own name. ) ____________________ an individual doing business under the firm name of: r ( ) A firm or corporation, the names of all Individuals or copartners composing the same being as follows: Firm Name ------------------------------------------------- Member(s) ------------------------------------------------- ------------------------------------------------- HUNTINGTON BEACH LIBRARY EXPANSION BID - 3 { X ) A corporation, the name, state of Incorporation and officers and their titles of which are as follows: Corporation Name: GE1\TOSI BROS.-,-INC. State of Incorporation: CALIFORNIA Officers' Titles: PAUL GENTOSI PRESIDENT mni1W_ tit D,ALTO\ ______ EXECUTIVE VICE PRESIDENT ___ QJUFLTQUE��4 J.5.&KFVLCE PRESEDEINT(BUSINESS DEVELOPMENT 5. The undersigned person or company Is licensed by the State of California pursuant to Chapter 9, Division 3 of the Business and Professions Code under State Contractor's License No. _ 268719 to perform the work herelnbefore described. 6. Number of years.of experience in projects of this type: 7. Bidder's Statement of Financial Responsibility, Technical Ability and Experience: (The bidder is required to state what work of a character similar to that Included in the proposed contract he has recently successfully performed and to give references which will enable the City Council to judge his responsibility, experience, skill and business standing. Said references shall Include the name of the supervisor responsible for the acceptance of the work performed,) The undersigned submits herewith a statement of work which he has successfully performed of a character similar to That included in the proposed contract: Contract Type of Date Name and Address Name of Amount Project Completed of Owner Supervisor OFFICE/ $9 MILLION WAREHOUSE 4/92 CATELLL;S DEV. CORP. DAVID DYKE --------------------------------------------------------------------- 1067 N. PACIFICENTER, ANAHEIM 54_'j�LLION _ OFFICE BLDG. 10/87 RANCON FINANCIAL ROD MacDONALD 27720 JEFFERSON AVE., TEMECULA HUN71NGTON BEACH LIBRARY EXPANSION BID — 4 Contract Type of Date Name and Address Name of Amount Project Completed of Owner Supervisor $8 MILLION- MEDICAL OFF,_ _-5(893IE_ALTHCARE I1T'Ls_-„-__ �,A1,�tY _2y,, INFIELD bAI,LA3S�_ TX------_-__-- ----------------------- 8. Person who Inspected site of the proposed work for your firm: ---------------- Date Inspected: J?LUvJJL 9. Bidder's Designation of Subcontractors: (Any subcontractor doing work in excess of one-half of one percent (1/2%) of the total bid shall be designated on this form.) The undersigned certifies that he has used the sub -bids of the following listed subcontractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the contract documents. Mork State Subcontracted Subcontractor Address and Phone License No. MQL 11 T QN- -- - �� r -r ---- -- -- �' -'-��" - $ - ------------------ 2. EARTHWORK &. it ------------- ------------- ----- -------------------------------------- Bt'ILDING Q+4 EcZ -------------------------- 3. CONCRETE/REBAR 1 �•�.11¢�- .I +✓� _-_-»---------------------------------------------------------------- T7cR -------------------------- 4. G)=RC COLUMi-S gklz �� KfV6A6I't�� ------------------------------------=-------------------------------- K-tJA5 G 9- -------------------------- 5. STONE -WORK- INTERLOCKING ------------------------- 11 6. PAVERS F P s ( /tti I HUNTINGTON BEACH LIBRARY EXPANSION BID - 5 Work State Subcontracted Subcontractor Address and Phone License No. g.D5GO 7. STRUCT_-STEEL _-..- -- _ __SPtr.rT--��-'i--------------------- -------------------------- 8. METALDECKING GI_'��--------------------- 0 9. "�v GNlD -------------------------- 10. MILLWORK G,L rZ" ---------------------- 11. MgTTt i r9�__-------•----- 12. J&&10-----......... ----..... -------------------------------------- 13. Tffjk -----------------------------------------------.._�r----- 14. " C - _—----------- —__-------------------------- --_-----__ 'FETAL FRAMED 15. SKYLIGHTS------------- ---- --�'� Nei �G --------------- C-v" -----------------------_. 16. GLASS/GLAZING -_ lb'$tO—wk' GL-"J ------------------------- 1 7. &W ---------------------- 1 8. LATH S PLASTER 6,1, TO 9-0 -------------------------- 19. DRYWALL HUN71NGTON BEACH LIBRARY EXPANSION BID - 6 Work State Subcontracted Subcontractor Address and Phone License No. 20. FIREPROOFING - ----------'------------» _ 21. CEO-�5.��.�i.k� Lf)gf- �� °�'f'�t7- FwtL& Cq-) _.�__�----- ACOUSTICAL 22. CFI.: ?'fir ---------------------- RESILIENT --_» 23. FLOORING/CARPET i'L4 FA- I' AIkAt-P- 9-AR-36T-6 24. PAINTING qq� VINYL 25. W.ALLCOVERING D 26. 27. CONVEYOR 28. SYSTEM COvLc�off- Sri G l THEATRE EQUIP.`-- 24. & LIGHTING (j, Ar FOOD SERVICE-----'--»_M»- 30 . EQUIPMENT LA MC.4 sq�}� GU-0-1 Ct rrG 31. ELEVATOR 4 u 5_».. -!�W _H-A fr, 32. PLUMBINGc'a _ CD HUNTINGTON BEACH LIBRARY EXPANSION BID -- 6A Mork State Subcontracted Subcontractor Address and Phone License No. FIRE 33. ,_ SPRL*1�_ _ Saui G? xtST G- r -- ----------- 34. W4e Ii ---- - - ----------------- -.__.__...._�.. -_M-_--__.,..___.—_---__�_ 35. ELECTRICAL P,,DAm L Cw ----- - 5-� r A,-_PCn,*c _ - - - - - - — - - - - -------..�_..,.__.��..�-- r. HUNT I NGTON BEACH LIB M Y EXPANSION B I D -- 68 10. Neither the undersigned bidder nor Its officers, agents, or representatives have In any way, directly or Indirectly, entered Into any arrangement or agreement with any other bidder or with any public officer of the CITY OF HUNTINGTON BEACH, whereby such bidder has paid or Is to pay to any other b i dder or pub I is off Icer any sum of money, or have given or is to given to any other bidder or public officer any sum of money, or have given or Is to give to any other bidder or public officer anything of value whatever, or have directly or Indirectly, entered Into any arrangement or agreement with any other bidder which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bid; no Inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to Influence the acceptance of the said - bid or awarding of the contract thereon, nor has the undersigned any agreement or understanding of any kind whatsoever, with any person whomsoever, to pay, deliver to, or share with any other person In any way or manner any of the proceeds of the contract sought by this bid. 1 hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Name of Bidder: GENTOSI BROS., INC. Signature of Bidder or Autho Ized Representa Ive: — ------------------- Title: RICHARD M. DALTON - EXECUTIVE VICE PRESIDENT Dated: _ DECEMBER 18,.-1991--------------------------------------- HUNTINGTON BEACH LIBRARY EXPANSION BID - 7 STATE OF CALIFORNIA COUNTY OF ORANGE OFFFCFAL SEAL JUDY NELSON m Notary Public Calitamsa ORANGE COUNTY My �pmmasion Expires Wly 13.1992 4C4%0VVLEOSvFR'--Cv3uji en -wuea-is Fcrm 222CA i- Rt- �-82 ±)1982 wOLC]r75_ ;NC (owiceclass S.2) ss On this _ 16TH day of DECEMBER in the year 19.91 . before me, the undersigned, a Notary Public in and for said State. personally appeared RICHARD M. DALTON personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named. and acknowledged to me that the Corporation executed it WITNESS my hand and official seat JYDY ELSON Ndditaary- ublic in and for said State. 4 NON -COLLIES I ON AF F I DAY i T TO BE EXECUTED BY BIDDER AND SUBMITTED WITH B I D _ ----------------- being first duly sworn, deposes and says: ;. That he or she Is _i:XEOLITlY�:_YIGE_EBES�D,�iTof the party making the foregoing Bid; 2. That the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or .corporation; 3. That the Bid Is genuine and not collusive or sham; 4. -that the Bidder has not directly induced or soilcited any other bidder to put 1n a false or sham bid, and has not directly or Indirectly colluded, conspired, connived, or agreed with any bidder of anyone else to put In a sham bid, or that anyone refrain from bidding; 5. That the Bidder has not in any manner, directly or Indirectly, sought by agreement, communication, or conference wIth anyone to fix the bTd price of the bidder or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract of anyone Interested In the proposed contract; 6. That all statements contained in the BTd are true; 7. That the Bidder has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged Information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, bid depository, or to any member or agent thereof to effective a collusive or sham bid; i declare under penalty of perjury, under the laws of the State of California, that the foregoing Is true and correct. /��U"LTN LrG�RIC�IA�tD M0 ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. H'UNTINGTON BEACH LiBRARY EXPANSION BID - 8 . - I am. aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers 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. GENTOSI BROS., INC. ----------------------- CONTRACTOR By: - W - ----------- -TITLE RICHARD M. DALTON, EXECUTIVE VICE PRESIDENT HUNTINGTON BEACH LIBRARY EXPANSION CERTIFICATION OF CONTRACTOR - i 1 I ' 0 ■ GENTOSI CONTRACTORS 42 Corporate Park, Suite 200, Irvine, CA 92714 Ca. State License #26B719 TO: THE CITY CLERK OF THE CITY OF HUNTINGTON BEACH CITY COUNCIL CHAMBERS HUNTINGTON BEACH CITY HALL 2000 MAIN STREET HUNTINGTON BEACH, CA PROJECT: CITY OF HUNTINGTON BEACH CENTRAL LIBRARY EXPANSION t - J."fe tok-1 HUNIINGTON BEACH TO: x c c� c11 o rn x xp 1 FROM: CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION MICHAEL T. UBERUAGA, City Administralcw ROBERT J. FRANZ, Deputy City Admini SUBJECT: POTENTIAL FUNDING SOURCES - LIBRARY EXP DATE: SEPTEMBER 7, 1993 The Library Director and I have identified the following potential funding sources for the $172,000 additional funding needed for Phase I of the Library Expansion Project: 1. Library Suonort Gro= - Library Support Groups have additional donations available of an estimated amount of $60,000 that could be requested for the additional costs. Assuming these groups agree to additional donations, this $60,000 could be utilized as a funding source for the additional funding needs. P2. Cert' to es of. Eartici ation Funds (COP's) - $5 million was loaned to a v the Library Service Fund for the Library Expansion Project. This $5 million was a portion of the $10.2 million that was originally available rn =v� from unused COP's funds originally issued for the construction of a o y parking facility north of the pier (canceled project). Approximately ,a $275,000 is available currently of these unused COP Funds, and this 3W ZIPamountwill grow to roughly $550,000 by the end of the year due to additional interest earnings on the unused COP's. In addition to the $5 million loan of COP Funds to the Library Project, funds have also been allocated in the past 2 fiscal year; for the Pier Buildings ($1 million), Pier Plaza_ ($3 million) and debt service repayments ($1.5 million). The $275,000 currently available could be allocated as an additional loan to the Library Service Fund. This would increase the obligation of the Library Service Fund for repayment to cover the debt service of COP's. 3. Park Acquisition and DeyaWment Fund (PA & D) - In the original funding sources for the Library Project, approximately $300,000 was to be allocated from the PA & D Fund due to the parking lot improvements which serve not only the Library, but also the Central Park. This funding source was deleted due to lack of available funds in the PA & D Fund. One current year project that could be reduced in scope to have funds reallocated to the Library Project is the acquisition of land for a ti 11 POTENTIAL FUNDING SOURCES - LIBRARY EXPANSION PROJECT neighborhood park in the Ellis/Golden West quarter section. $300,000 is budgeted for property acquisition in the current year. This amount could be reduced in whole or in part to fund the Library Expansion Project. This would delay or reduce any encyclopedia lot acquisitions in the Ellis/Golden West quarter section during the current year. 4. General Fend - A General Fund Reserve of roughly $8 million has not been allocated for projects. A portion of the reserve could be allocated to the Library Expansion Project. Staff recommendation for funding of the $172,000 additional appropriation needed to complete Phase I of the Library Expansion Project is as follows: 1.Iibraryr -$upport Groups - $60,000 - This amount of funds is potentially available from the Library Support Groups. 2. COP Eunds - $112,000 - The additional loan of $112,000 of COP Funds would increase the annual repayment from the Library Service Fund for debt service by roughly $10,000 per year. This additional annual revenue would be paid by the Library Service Fund from their existing funding sources or an increase in their funding sources by consideration of such alternatives as parking meters in the parking lot of the Central Library. Once the Library Project is completed and a total project cost analysis is prepared, the Library Service Fund will, on an annual basis, be required to balance its budget by either increasing revenues or decreasing expenses to insure that the debt service payments are made. Conc[usion - The Library Expansion Project additional funding need of $172,000 can be met by requesting Library Support Groups to finance an additional $60,000 from donations and loaning an additional $112,000 from the unused COP's. The alternatives of utilizing PA & D funds or General Fund reserves are not recommended. RJF:skd H�- N CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. O. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 February 19, 1993 Eric Carmen Gentosi Brothers 42 Corporate Park, Suite 200 Irvine, CA 92714 Subject: Central_Library Expansion Project; ACC-740 Dear Mr. Carmen: Tolco, Incorporated, dba Top Fab, has filed a valid "Stop Notice" in the amount of $13,107.98. This Stop Notice must be resolved prior to the release of final retention funds. Should you have any questions or concerns regarding this matter, please telephone me at (714) 536-S441. Very truly yours, Don Noble Contract Administrator DRN:gd M. Robert Eichblatt, City Engineer Connie Brockway, City Clerk Wayne Lee, Accounting Officer Steve Davis, James M. Montgomery File CC-740 "General Correspondence" 3394g/15