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Home My WebLink AboutGMC Engineering Inc - 2000-09-18(M bwso %, 0 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: THOSE LISTED HEREON FROM: ERIC R. CHARLONNE, Contract Administrator DATE: January 22. 2001 SUBJECT: RETENTION PAYMENT Fifth Street Parking Plan CC-1116 GMC Engineering, Inc. The conformed copy of the Notice of Completion for the above contracts has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject/qt this time. Date: Q, ROBE T F. BEARDSLEY, Public Works Director certify that there are no outstanding invoices on file. Date: /- Z3'31 SH I Ei N ICH, City Treasurer certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed. Date: 1?�nfu J� lyl,4) a4l-r', 24�Z_4,4 C NNIE BROCKWAY, City Clerk Cc "Progress Payments" Retention Payment memo 1122/01/1-44 PM DECLARATION OF SATISFACTION OF CLAUNIS 1, 64�IY� C'4/7— f/K - - - , state I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public %cones contract entitled �57,ezggr ,a44V and dated 2. All «•orkers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, %ihich have been filed under the proN-isions of the statutes of the State of California: (if none, state '�N ON U) IVCNE I declare under penalty of perjury that the foregoing is true and correct Executed at 7Vmf7�/Y _ _ on this L7160 day of �A auai'— (Signature of Contra or) g cc Clahmly IYvcl City- of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject- Certification of Compliance -,-.ith Title VII of the C1.11 Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen_ The undersigned, contractor on Project No. rn ST�7 " 0 PAW4 A � el 0044v Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing «ork under the contract on the project have been paid %%ages at rates not less than those required by the contract pro4•isions, and that the %%ork performed b•• each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program proArisions applicable to the wage rate paid V • Signature and Title 8 cc cashmnI K oGINEERIGDt GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 December 13, 2000 City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, Ca 92648 Attention: Eric Charlonne Project Manager Re: CC#1116 Fifth Street Parking Plan Dear Eric, Enclosed please find the Maintenance Bond — Revised, per your request. Should you need anything further, please do not hesitate to contact our office. Sincerely, Gennady Chi7hik President Encls. 17J13100 Ur 12-13-00 Mnint Bond 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041 Recorded in Official Records, County of Orange Gary Granville, ICllerfk-Recorder WHEN RECORDED MAIL TO: I«I�I�1�IlI�IIlliliNliil�lllllll�llllllllllllll4llillN� FED CITY OF HUNTINGTON BEACH 2O010005550 1 1:34am 01104101 Office of the City Clerk 100 13 N12 1 P_O_ Box 190 — 2000 Main St- 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, Califomia to GMC Engineering, Inc. who was the company thereon for doing the following workt to -wit: 4� CC-1116 — Fifth Street Parking Plan Improvement Project ,.J The project includes the reconfiguration of the parking along 5`" Street between Walnut and Orange Avenues_ New sidewalks, streetlights and landscape planters are part of this project_ That said work was completed December 18, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday. December 18, 2000. That upon said contract First National Insurance Company of America was surety for the bond given by the said company as required by law_ This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 27"' day of December, 2000. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-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, Califomia, this 27`" day of December, 2000. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 cc- ef- III; 4333 Brooklyn Avenue NE- SaAdc, WA 98105 Premium: Included MAINTENANCE BOND Bond No. 6028950 KNOW ALL BY T14ESE PRESENTS, ThaLwe, GMC Engineering, Inc_ m Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA a corporation organized under the laws of the State of Washington and duly authorized to do busintss in the State of California , as Seamy, are held and titmly bound unto the City of Huntington Beach — as Obligee, in the penal stem of Three Hundred Eighty Four Thousand Three Hundred Sixteen and 781100 (S 384,316.78 to which p,ryment .yell and truly to be made we do bind ourselvrs, our and each of our heirs, executors, administrators, succmors and assigns joiatiy and scveraily, firmly by these preseltis. WHEREAS, the said Principal entered into a Contract with the the City of Huntington Beach w dated September 18th, 2000 for WHEREAS. said Contract has bccn completed, and Avas approved on the 20th day of October . 200 NOW, THEREFORE, THF- CONDITION OF TIiIS OBLIGATION IS SUCH, That ii the Principal shall guarantee that the work Will be free of any Mm:d a materials or wodunanship which became apparem during the period of One 1 year(s) following completion of the Contract then this oblig4dift shall be void, otherwise to remain in fill force and effect, provided however, any additional warranty or guamutee whether or implied is extended by the Pnncipal or Manufacturer only, and the Surety assumes no liability for s;txh a gim antee. Signed and sealed this 11 th ;_t C :0 FORcMd day of December , 2000 GMC Engineering, Inc. (Seal) (Seal) (zA (ef (Seat} FIRST NATIONAL INSURANCE COMPANY OF AMERICA ray /496eyA Gry��uorn-u:-,=ram 5-084TF\ff E197 I }GQatVVd tr7Qqnark of SAFECO Ce,pamtIon. FrxsrNn�oN�..S►�rx� 4333 Brciok4m Avenue V_E_ Seattle, WA 99105 KNOW ALL BY THESE PRESENTS: POWER FIRST NATIONAL INSURANCE COMPANY OF AVERICA 4333 BROOKLYN AVE NE OF ATTORNEY SEATTLE_. WASHINGTON 98105 No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporator. does hereby appoint .........►....►.............►►........................]kFPXLy R_ GRYDE;San Clrrrrcnte.CoWkette...................►►.....r..►►...........►......►...6....... its true and lawful attomey(s}in-fad, w-M full aulMi y 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 FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by ils regularly elected officers at its horn office_ IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 25111 day of March 1999 R.A. PIERSON. SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS __ Lhe President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the ofrcer in charge of surety eperaSons, shall each [rave authority to appoint individuals as attomeys-in-fact or under other appropriate titles with aulronty 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 COnfemng 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 va'.idity of any such rnsL'ument or undertaking ' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970 -On any certificate executed by she Secretary or an assistant secretary Of the Company selling Out, (i) The provisions of Article V. Section 13 of fhe By -Laws, and (i) A copy of the powerdf-attorney appointment, executed pursuant thereto- and (ri) Certifying that said power-of•attamey appointment is in fun 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, RA P*fson. Se<FVary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA. do hereby certify that the forewng extracts of the Sy -Laws and of a ReSCltrt*n of the Board cf Directors of this corporgon, 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 :n :till force and effect IN WITNESS WHEREOF, I five hereunto set my nand and affixed :he facsimile seai of s.no corporation SEAL ;_1928 . t S-iN91FtiF,F 7W this 12th Wy of December , 2000 R.A_ PIERSON, SECRETARY 1?5r99 PDF ALL-PURPOSE ACKNOWLEDGEMENT State of California County of LOS ANGELES SS. On December 12, 2000 before me. CHRISTINE JANE FENDERSON—NOTARY—PUBLI DArFi �UraAYi personally appeared JEFFREY R . GRYDE ,iGvERiS a personally known to me - OR - CHRIVINE .LANE 0DERSON .,, Camm. i t205312 � wOtAwr vu9tic CAUFQAK,A in Arlan CC4-Ay A Ih Ccrr f,*.15 or..2A.2062 C�x�Mxx�x�oxpaexxxac�x>f�c�ax�x�rxas� xgOl comto be the person(N) whose name(X) is/3m subscribed to the within instrument and acknowledged to me that he/.�txj4jinexecuted the same in his/kouftizottc authorized capacity(jnM, and that by his/h7txXX1Ek si2naturesOQ on the instrument the person(M. or the entity upon behalf of which the person(90 acted, executed the instrument. WITNESS my h d d official seal. ,UtiNY -S S1G%ATt.RE OPTIONAL INFORMATION The information below is not required by law. Hov ever. it could prevent fraudulent attachment of this ackno-l- edszement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER ', i'i_C. S i P.4RTNFR+S, ATFOR,INEY-IN-RACt' TRUSTEE(S) -_J GUARDIAN/CONSFRVATOR f I OTHER- 5IG`FR IS REPRESENTI`(;. ♦AVFF. QF OFR50%,51 nk E \T; rS,iEs BOND HTLE OR CYPE OF DOCUMENT `UMBER OF PAGES DATE OF DOCUMENT OTHER RIGHTTHL.IBPRENT S a OF I S 1 G N E R I� aP.a 4,w VALLEY -SIERRA 4X1- 6_-3369 CA:.IFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On /z //lVv oat@ before me, SANDBA 10 w war to ar+a rrx of ORcot (. q .'jw Dw. mun Pwtc') personally appeared war*,e(s) 01 5{nutsi ❑ personally known to me — OR —2 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by SANDRA 1O wINBERRY his/her/their signature(s) on the instrument the person(s). Commission # t 153985 9or the entityupon behalt of which the person(s) acted, `- s �� hoI.ory Public - CoiifomtQ � P P ( ) ` Los n; ge:es County executed the instrument. try Ccm-n E�_ Sep 10, 2001 WITNESS my hand and official seal. Though Me information below is not requited by raw. it may prove valuable ro persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document - Description of Attached Document Title or Type of Document: Document Date Signer(s) Other Than Named Above- Capacity(ies) Claimed by Signer(s) Signer's Name- ❑ Individual �-XCorporate Officer T;1e(s)- Partner — ._f Limited General Attorney -in -Fact C: C 01 ❑ Trustee Guardian or Conservator Other - Signer Is Representing G`tC ENGINEERING INC 1401 warner AVe Ste j}__ Tustin, Ca 92780 Ilk", A141i .op of irumo nere i i Number of Pages: Signer's Name: .-1 Individual G Corporate Officer Ttle(s' L r Partner — _—j Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing 0 t9941 vary .tiOluy uSOCIS on -a235 P.ryye A.S . Po Boa 7164 - Canoga Pan. CA 91XI-7164 P w No SX7 Poor,%, Cai To&Fr" 1-800-4764821 •R€CEIVED BY: A AMe �i2�0►Fi1� (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes (ext. 6260) after signingidating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer AT -TN- Jim�gSlobojan, Deputy City Treasurer FROM: 3 )�"-f DATE: 02-01 ~ M SUBJECT: Bond Acceptance I have received the bonds for _ _ G m c Ct' ky� .y t (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No_ CC No. 1 (16 MSC No. kfLw- 0r COM%-Z-flyj Approved 12- I - 00 Agenda Item No. (Council Approval pate) Pjd��., q)p'r,,F at City Clerk Vault No 01-6-00 C- r C'M (40 . 30 gAjawbondletter.doc / Recorded in Official Records, County of Orange Gary IGIrHanvgille, (Clerk-RecolIydeUrl WHEN RECORDED MAIL TO' II!l�Ilnilf II�4Il��l6�lllli��l.I+�I�I��II��il�i�l NQ FED CITY OF HUNTINGTON BEACH 200100055501 1=34am 01104101 Office of the City Clerk 100 13 M12 1 P_O. Box 190 — 2000 Main St_ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington ' Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to GN1C Engineering, Inc. who was the company thereon for doing the following work to -wit- 1 CC-1116 — Fifth Street Parking Plan Improvement Project �'f' The project includes the reconfiguration of the parking along 51" Street between Walnut and Orange Avenues_ New sidewalks, streetlights and landscape planters are part of this project_ That said work was completed December 18, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, December 18, 2000. That upon said contract First National Insurance Company of America was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge_ Dated at Huntington Beach, California, this 270 day of December, 2000. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-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 27 h day of December, 2000. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO, CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 RECEIVED BY: • • CITY CLERK RECEIPT COPY Return DUPLICATE to V Jeffrey Hughes (ext. 62601 (Name) after signingildating ca V (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO- Shari Freidennch, City Treasurer ATIT�N-. J,imvSlobojan, Deputy City Treasurer FROM: DATE: 10 - 7 r d-I SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Maintenance Bond No. P&I V* q tq b No, Re: Tract No. CC No. o 16 MSC No. Approved 1 - I B-d (Council Approval Date) MC �410;EO21N6, IN (Company Name) W2�IQ 56 (A2�990 Agenda Item No City Clerk Vault No E--5 CA g.rja hlbondietter. doc CITY OF HUNTINGTON 'Y 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 27, 2000 . Gary Granville County Clerk -Recorder P.O_ Box 238 Santa Ana, CA 92702 BEACH CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P_O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, Conni e e Brockway, CIVIC City Clerk CB:jh Enclosure: Notice of Completion — CC-1116 Fifth Street Parking Plan Improvement Project — GMC Engineering, Inc. Telephone. 714-536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O_ Box 190 — 2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to GMC Engineering, Inc. who was the company thereon for doing the following work to -wit: CC-1116 — Fifth Street Parking Plan Improvement Project The project includes the reconfiguration of the parking along 5P Street between Walnut and Orange Avenues. New sidewalks, streetlights and landscape planters are part of this project. That said work was completed December 18, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, December 18, 2000. That upon said contract First National Insurance Company of America was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 27t' day of December, 2000. Aex-offi City Clerk and go Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 27t"' day of December, 2000. City Clerk and ex-offcio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH - �-' CPPAUJVtiV MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER: PW 00-118 CounciVAgency Meeting Held: DeferredlContinued to: Approved ❑ Conditionally Approved ❑ Denied _ Wf- City Clerk's Signature Council Meeting Date: December 18. 2000 Department ID Number: PW 00-118 CITY OF HUNTINGTON BEACH {= REQUEST FOR COUNCIUREDEVELOPMENT AGENCY ACTT_ON .-` r^-r SUBMITTED TO: HONORABLE MAYOR AND COUNCIL v MEMBERSIREDEVELOPMENT AGENCY MEMBERS � SUBMITTED BY: RAY SILVER, CITY ADM INISTRATOR/EXECUTIVE DIR _ �? PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works DAVID BIGGS, Director of Economic Development SUBJECT: Accept the Fifth Street Parking Plan Improvement Project, CC-1116 L tement of Issue. Funding Source, Recornmended Action, Alternative Actionis}, Analysis, Environmental Status, Attachmentls) Statement of Issue: Should the City Council accept as completed the GMC Engineering, Incorporated contract for the construction of the Fifth Street Parking Plan Improvement Project, CC-1116? Funding Source: Economic Development Redevelopment Funds were authorized for this project. City Council/Redevelopment Agency Recommended Action: Motion To: 1. Accept the Fifth Street Parking Plan Improvement Project, CC-1116 at a final cost of $383,686-78, and authorize the City/Agency Clerk to file a Notice of Completion with the County Recorder's Office. Analysis: On September 18, 2000, the City Council/Redevelopment Agency awarded a contract to GMC Engineering, Incorporated, in the amount of $352,150 to construct the Fifth Street Parking Plan Improvement Project, CC-1116. The adopted project budget also included $35,215 to cover potential change orders and $17,635 for supplemental expenses, for a total of $405,000. The improvements have been completed ahead of schedule and under project budget per the approved plans and specifications. J (fj 00-118 dec 18 charlonne -2- 12/12/00 10:29 AM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER: PW 00-118 The Director of Public Works recommends acceptance of the project and requests that the City Clerk be authorized to file the Notice of Completion with the County Recorder. The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract Amount: $352,150 $368,738 63* 2. Change orders: 35,215 14,948.15 Subtotal: $387,094 $383,686.78 3. Supplemental Expenses: 17,635 5.500.00** Total: $405,000 $389,186.78 Five change orders were issued for this project: * Actual quantities placed during construction were greater than estimated. ** Estimated — Supplemental expenses are not included in the project (contractor's) costs. Public Works Commission Review: The Commission recommended this project by a 7-0 vote on May 17, 2000. Environmental Status: This project was categorically exempt pursuant to section 15301, Class 1 of the CEQA Guidelines Attachment(s)• RCA Author: Cnarlonne MAU dec 18 charlonne �3- 12/11100 4:09 PM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept the Fifth Street Parking Plan Improvement Project, CC-1116 COUNCIL MEETING DATE: December 18, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution wlexhibits & legislative draft if applicableapplicable2 Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. A roved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk { EXPLANATION FOR RETURN OF ITEM: RCA Author. RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept the Fifth Street Parking Plan Improvement Project, CC-1116 COUNCIL MEETING DATE: December 18, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to foan by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( } ) Assistant City Administrator (initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) t A, CITY OF HUNTINGTON BEACH 0ii 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSNnTTAL OF ITEM APPROVED BY THE CITY COUNULI REDEVELOPMENT AGENCY OF THE CITY OF HUNTIl`GTON BEACH DATE: October 17, 2000 TO: GMC Engineering Inc. ATTENTION: Gennady Chizhik, Pres. Name 1401 warner Avenue, Suite B DEPARTMENT: Street Tustin, CA 92780 REGARDING: 5th St. Parking Plan City. State. Zip See Attached Action Agenda Item E-5 Date of Approval 9-18-00 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page X CC: R. Beardsley game E. Charlonme Name Manx S. F'reidenrich Name C. Mendoza Agreement X Bonds X RCA Deed DPW X X Depattnxnt RCA Agreement pPW X X Deparment RCA Agreement Department RCA Agreement City Treas. X Department RCA Agreerneut X Risk Management Dept_ Insurance X Other X bondS Insurance Other X bonds Insurance Other Insurance Other bonds Insurance Other X Insurance 1 Telephone: 714536-5227 ) CONSTRUCTION CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND GMC ENGINEERING, INC. FOR FIFTH STREET PARKING PLAN - FROM WALNUT AVENUE TO ORANGE AVENUE THIS AGREEMENT, made and entered into this 18th day of September 2000. by and between the Redevelopment Agency of the City of Huntington Beach, a public body, corporate and politic of the State of California, hereinafter referred to as "AGENCY," and GMC ENGINEERING, INC., a California corporation hereinafter referred to as "CONTRACTOR." WHEREAS, AGENCY has solicited bids for an AGENCY -funded project, hereinafter referred to as "PROJECT," more fully described as Fifth Street Parking Plan - from Walnut Avenue to Orange Avenue, in the City of Huntington Beach ("CITY"); and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows - STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall fumish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or 00agreelparking p1arv9120100 discontinuance of work, except such as are herein expressly stipulated to be borne by AGENCY, 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 AGENCY and for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of AGENCY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The AGENCY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of AGENCY and adopted by the Board of Directors of AGENCY, and any revisions, amendments or addenda thereto; 00agseelparkmg planlgl20100 2 D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California 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 AGENCY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. DPW shall act as the contract administrator in this matter on behalf of AGENCY. 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 AGENCY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Three Hundred Fifty Two Thousand One Hundred Fifty Dollars ($352,150.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 00agreelparking p1an19/20100 3 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 forty-five (45) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and AGENCY 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_ AGENCY 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 AGENCY forces and, in general, all matters conceming 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 00agreerpar► ing piarv9120100 4 AGENCY 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 worts shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, AGENCY 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 AGENCY. AGENCY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the AGENCY's Counsel: 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 AGENCY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished_ 00agreelparking plan1g120100 5 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 AGENCY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, AGENCY may then make appropriate repair or replacement at CONTRACTOR's risk and expense 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of AGENCY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11 LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by AGENCY and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which AGENCY would sustain in the event of and by reason of such delay. it is, therefore, agreed that CONTRACTOR will pay to AGENCY, as liquidated damages and not as a penalty, the sum of Four Hundred Dollars (S400) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses AGENCY would sustain in the event of and by reason of such delay; and CONTRACTOR 00agreelparking plan/9/20/00 6 agrees to pay said damages herein provided, and further agrees that AGENCY 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 or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and AGENCY 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 AGENCY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to AGENCY, 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 AGENCY, 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 AGENCY 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 AGENCY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 00agreelparkfng plarV9120100 7 12. DIFFERING SITE CONDITIONS (1) Notice- The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension- No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by AGENCY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances. order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in 00agree/parking plan19/20100 8 price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by AGENCY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR_ When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by AGENCY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, AGENCY shall permit the substitution and 00agreelparking planl9120100 9 deposit therewith of securities equivalent to the amount of any monies withheld by AGENCY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against AGENCY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless both AGENCY and CITY, their officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of AGENCY or CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 00agreelparking plan19120100 10 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to AGENCY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify both AGENCY and CITY. CONTRACTOR shall obtain and furnish to AGENCY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT_ Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including productslcompleted operations liability and blanket contractual liability, of $1,000.000 per occurrence. if coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000_ Said policy shall name both AGENCY and CITY, their officers, and employees as Additional Insureds, and shall specifically provide that any other 00agreelparkfng plan/9120/00 11 insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21 _ CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to AGENCY certificates of insurance subject to approval of the AGENCY Counsel evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice to AGENCY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of both AGENCY and CITY by CONTRACTOR under the Agreement. AGENCY 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 both the AGENCY and CITY, their officers and Ooagreelparkmg piarv9120100 12 employees as Additional Insureds shall be provided to the AGENCY Counsel for approval prior to any payment hereunder. 22_ DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, AGENCY 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, AGENCY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, AGENCY may elect not to terminate this Agreement; in such event AGENCY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to AGENCY 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 AGENCY and the surety. 25. AGENCY AND CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no AGENCY or CITY official nor any regular AGENCY or CITY employee in the work performed pursuant to this Agreement. No officer or 00agree/parking plan/9120100 13 employee of either AGENCY or CITY shall have any financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et seq 26 STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS AGENCY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. AGENCY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not AGENCY or CITY is named in an action to enforce such stop notices. AGENCY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by AGENCY to CONTRACTOR under this Agreement. 27_ NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U_S C. Section 1324a regarding employment verification_ 00agreelparking planl9120100 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and AGENCY agree that AGENCY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder_ CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, and Chapter 2.80 of the Huntington Beach Municipal Code, the AGENCY Counsel is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31 ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 00agreelparking planig/20l00 15 32_ ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. GMC ENGINEERING INC�b _ r-^ By: print name ITS: (circle one) Chairman/President/Vice President Nam print name ITS: (circle one) Se a /Chief Financial OfficerlAssi. Secretary -Treasurer REVIEWED AND APPROVED: ExeagTive Director T^ REVIEWED AND APPROVED: At� Direc or o—fff6onomic Development REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH. a public body, corporate and politic of the State of California ATTEST: 1Q07 . Agency Cleric APPROVED AS TO FORM: n r J� 9 z '7 Agency Counsel INITIATED A APPROVED P lr �p Director o Public Works 00agreelparking plan19120100 16 1 ACOR 'CERTIFICATE OF LIABILITY INSURANCE 09�ie/o PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Armstrong/Robitaille Bus&InSSv ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 680 Lan sdorf Drive, Suite 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR g ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 34009 Fullerton, CA 9 2 8 34 -9 4 0 9 INSURERS AFFORDING COVERAGE ,NSURED M ;I\su�"IA First Specialty Ins Corp Amer E&S GMC ENGINEERING, INC. IUSUREAaState Compensation Ins Fund - Cali 1401 warner Avenue #B�� - - - :xSURE^ Tustin, CA 92780-4116 ,�„30 „ISUREGD 0JJvv I:`SUREP rlWFR dG ES THE POUCIES OF IN SU RANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHEPOUCYPEAIOO WDICATYD NOrryTTHSTANDING ANY REOIUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTTH RESPECT TO VMCH THIS CEFTTTFCATE MAY BE ISSUED OR MAY PEHTA N. THE INSURANCE AFFORDED SY THE POUCIES DESCRIBED HERON IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES AGGREGALTE LIMITS SHOUi'N MAY NAVE BEEN REDUCED BY PAIO CLANAS N POLICY E iY L' p(P.RAT-ON LTR TYPEOF INSURANCE POLICYNUMBER DATE MM DD DATY YM D LIMITS A GENERAL LIABILITY 'PGL50353 06/25/00 06/25/01 Ill ,_000,000 XCOMVea C'A! GEti SPAL LIA° CITY i I FIRE DAVAGE(Anyone Tire) I S50 reu;++swAnE�occu�' ,.y=_�=xP(Anyoneae:.on) -,,000 S5 000 -ERSO:NAL&AOVINJ'av S1 000.�.000 I I — $21000, 000 GEKEWAI_AGGQEGA7e .a EN L AGGREGATE_ VITAPa-ES'E:H �00..CTS-CO-A?`OPAGGj $1,000 000 or I POL:'-y FiI LOC +. .... _'. I A AUTOMOB:LELIABILITY PGL50353 06/25/00 106/25/01 ICOYRINc7SINGLELIMIT 000, 000 i ANY AQ I JIEa�ae.,l, IS1, ALL QW%Z3 AUTOS ---� SC`IEDUL`eJA'JTOS ... , . .J - I _ ... i (F'e•ae•srn: 30DI1rInJURY S X nG?EDAUTOS • X NO%•OWNED A'-, 05 ;per ecc:eenl) PROPETYDAVAGE $ ;aec acreeii) �••�; AYE: A'UTOOYI-Y-EAACCIDENTIS _ .— rAGELIABILITY ANYAJ70 EA ACC j 1 f T, - I I AL•:iOONLY. AG+i S E1[CESS LIABILITY I I IcAC-OCC F;E.sCE S OCCUR CLAIMS VADE may. G•i Ly At IOrney, A3GR=`�A'= S e; I S Q_TEN-10% $ i B II k WORKERS COMPENSATiONAND 146920299 10/01/99 10/01/00 X I;ORYL M T I IR J_ jI EMPLOYERS' LIAB;LITY L.=ACHACCID_%Z IS1,000,000 z-L 0S=AS--EAEVJ-OY_� %1 0001.000 I I i ' eL DSEAS=_-'OLICY�:VIT S1 OOO 000 OTHER DESCRIPTION OF OPERAT,ONSILOCAT.ONSAV ENICLESIETCCLUS ONS ADOEO BY ENDORSEMENT/SPECIAL PROV'S:ONS Re: Fifth Street Parking Plan - from walnut Avenue to Orange Avenue. The City of Huntington Beach, its agents, officers, employees and volunteers are named as Additional Insureds as respects the above referenced, excluding Workers' Compensation. This insurance coverage is primary and (See Attached Descriptions) CERTIFICATE HOLDER I I ADDIrONAL INSURED: INSURER LETTER: CANCELLATION City of Huntington P.O. Box 190 2000 Main Street Huntington Beach, SHOULDAYYOFTHEABOVE DESCILBEDPOUCIES B ECANCELLED BEFORE THE OXP'RAMON Beach DATETHER£OF. THEISSUING INSURER DAYS WRITTEN NOT,CETOTHECERT,FiCATEHOLDERNAMEDTOTHE LEFT.AW�jjMXXg=)M]KX �x a�aax � x Ina aosxxa�sr iIA�1l4coq x>!wa �x� ae�ox CA 92648 TiBQ 6a AUTHORIZED REPRESENTATIVE iFAX IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the polq(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementfs)_ If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does a affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. irax DESCRIPTIONS (Continued from Page 1) 1 any other maintained by the Certificate Holder is excess and non- contributing. Pik �b�. �m 60 3 1 POLICY NUMBER: PGL50353 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ink ADDITIONAL INSURED -- OWNERS, LESSEES OR 41�flit CONTRACTORS - (FORM B) No- 6M This endorsement modifies insurance provided under the following - COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE City of Huntington Beach P.Q. Box 190 2000 Main Street Huntington Beach, CA 92648 Re: Fifth Street Parking Plan -- from Walnut Avenue to Orange Avenue. The City of Huntington Beach, its agents, officers, employees and volunteers are named as Additional Insureds as respects the above referenced, excluding Workers' Compensation. This insurance coverage is primary and any other maintained by the Certificate Holder is excess and non -contributing - (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 11 85 Copyright, Insurance Services Office, Inc_, 1984 (amended) Armstrong/Robitaille Bus&lnSSV 680 Langsdorf rive #100, PO Box 34009, Fullerton, CA 92834-9409 714-578-7000 * FAX 714-578-7001 SagiFAX Cover Sheet FAX TO: Sandy Winberry GMC ENGINEERING INC. 2471041 FAX FROM: Stephanie Downing Armstrong/Robitaille Bus&InsSv 714-578-7000 / FAX 714-578-7001 FAX DATE: September 22, 2000 FAX TIME: 1 : 0 8 pm NUMBER OF PAGES (INCLUMNG (:DYER}: 4 COMMENTS: Attached cert is valid as an original. No hard copy follows. . K 9GIEERIGM GENERAL ENGINEERING CONTRACTOR I.ic- No 73909i September 25, 2000 City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, Ca 92648 Re: 5th Street Parking Plan from Walnut Ave to Orange Avenue Contract Insurance Requirements To Whom It May Concern: In compliance insurance requirement noted on Page 12 of the Contract, Section 12, Item #4, GMC Engineering Inc., has written a check to our Insurance Agent, Armstrong I Robitailic Insurance Services, in the amount of $1,000.00 (Check # 4168 which equals our deductible). Thereby, we have now paid in advance any deductible in full, for any claims that may arise on the above captioned project. Confirmation of this payment is enclosed with a letter from our Insurance Agent, and a copy of our check. Now that GMC Engineering Inc. "does not owe any deductible on this project" we trust that this notification and confirmation will satisfy the Cities requirements. Trusting you will find the enclosures in order, I am, Sincerely, �49 Gennady Chizhik President Encls. 1A01 Warner Avenue, Sui:e 8, TuS1in, Cal forma 92780 • '714) 247-1040 • Fax (714) 247-1041 J� WELLS FARGO BANK 4168 v 91-119/1221 �G�1EE G� 1401 WARNER AVE.. STE- B 9/15/2000 TUSTIN, CA 92780 (7f4j247-1040 PAY TO THE ORDER OF —Armstrong LRohitaille Ins_Svcs _ 1 ** 1,000.00 —One][bousand andf) DOLLARS L_! eck"b,an: Armstrong I Robitaille Ins. Svcs 680 Langsdorf Drive # 100 P.O.Box 34009 Fullerton, CA 92834-4009 MEMOR-mj)aymezt of Deductible for Hunt Beach 5th P 119004 16811' 1: 12 2 10 L 19 0:0488 130 70 S130 GMC ENGINEERING INC. 4168 Armstrong / Robitaille Ins. Svcs 9/15/2000 5500 • G&A:5530 - Insurance Deposit 1,000.00 WFB - Checking Prepayment of Deductible for Hunt Beach 5t 1,000.00 GMC ENGINEERING INC. 4168 Armstrong / Robitaille Ins. Svcs 9/15/2000 5500 - G&A:5530 - Insurance Deposit 1.000.00 i r •`', � i -�� _� /,.� ram. ', -. 'S i WFB - Checking 1 � - Prepayment of Deductible for Hunt Beach 5t 1,000.00 09/25/2000 03:19 7145787487 ARMSTRGNG ROBITAILLE PAGE 01/01 © ARNSTft0NM ROBI7AILLE CtilinFS.S A io IYSUA` CE S159VICIS September 25, 2000 City of Huntington Beach 2000 Main Street P.O. BOX 190 Huntington Beach, CA 912648 INSURED: POLICY TYPE: INSURANCE CARKER: POLICY PERIOD: POLICY NUMBER To Whom It May Concem: GMC Engineering Gent Liability CL First Specialty Insurance Corp. 06/25/2000 to 06/25/2001 PGL50353 The deductible provision for the above referenced general liability policy, call for the insured to be responsible for the first $1,000 of any claim. However, the insurance company, First Specialty Ins. Corp., will pay the entire amount that they determine that GMC Engineering is responsible for and recover the deductible from GMC Engineering. If you have any questions, please give our office a call. Sincerely, Charles I. Proche, CPCU, AIC, ARM Account Executive (714)578-72I4 P.O. Bos 34069 Fu11a>m U 9 R.3d-kO 680 Ugskrf rb im S*91 100 {714j -sm-"XIO F� f719) 578-:'001 m�a?iG�crsuuaut.can CA 4c.i0619251 - Lt. A!='N' FIRW AT] ONAUNSURANCECO. OF AMERICA 4333 8rooldyn Avenue N.E. 9"xde, WA 93IOS CONTRACT BOND — CALIFORNIA FAiTi- UL PERFORMANCE — PIJBUG WORK KNOW ALL BY THESE PRESENTS, That GMC Engineering, Inc. Bond No, 6028950 Initial premium cheraed for this bond la 14022-00 subject to ■dju*tment upon oompletlon of contract at applle*ble rats an final contract prlas. of 1401 Warner Ave., Suite B Tustin CA 92780 as Principal, an the FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to treasact surety business In the State of California, as Surety, are held and firmly bound unto the City of Huntinqton Beach In the sm of Three Hundred I-Im Two Thousand one Hundred Fitty and 11 0---- -- ------- --------------------------------------------------------------------------------- ------------------------ Dollars 352.150.0C or the payment whereof, well and truly to be made, said Principal and Surety bind themselves, lhsir he successors and asalgno, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above-boundcm Principal has entered into a Contract, dated Se tent er 8th , 2000 , with the Ci of Huntington Beach to do and perform the following work, to-w,t: Fifth Street Parking Plan - From Walnut Avenue to Orange Avenue NOW, THEREFORE, it tho obove-bouaden Principal *hall falWully perform all the provisions of said Contract, then this obligation shell be void; otherwise to remain in full farce and affect. PROVIDED FURTHER THAT. Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the wont to be performed tinder the Contract. Signed and sealed this 21 st day of _ September , 2000 . GMC Engineering, Inc. B- FIRST NATIONAL INSURANCE COMPANY OF AMERICA By rey . Grya ttorn�y-t 3-3e44RP W04 PRINTID 1N tl SA- C1 By POWER FIRST NATIONAL INSURANCE COta!PAYY OF AMERICA 4333 BROOKLYN AVE NE OF ATTORNEY SEATTLE. wASmI 4GTON 98105 4333 Brooklyn Avenue N E_ Seattle, WA 98105 No_ 9392 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a WashiVcn Corporation, does heret)y appgnt ...•......•....•...........................r..........JEI`I`RtY R_ rR1'l)F.; San Clarcnr�. f:.dui�m l...a.......................................................... its true and lawful atiomey(s)-in-fact. +nth full authority to execute on beha1 of the company fidelity and surety bonds rx undertakings and other documents of a similar Character issued by the company ,n the course of its business. and to bind FIRST NATIONAL 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, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this '5th day of Alafch 1999 U� �46&(g R.A. PIERSON. SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL 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 attomeps•+n-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 confernng Such authority or on any bond or undertaking of the Company, the seal, or a facsimde thereof. may be Impressed or at&ed 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 FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970 "On any Cerlrficate executed by the Secretary or an assistant secretary of the Company setting nut. (i) The provisvis of Article V. Section 13 of the By -Lars, and (ii) A Copy of the powerof-attorney appointment, executed pursuant thereto. and {iu) Cert4ing that said power-of-attomey appointment is in full force and effect, Ute signature of the certitying officer may be by facsimile. and the seal of the Compary may be a facsimile thereof.' I, RA Pierson. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the Sy -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 Resohrtion and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, t have hereunto set my hand and affixed the facsimile seal of sad corporation SEAL �1926 M`r S-1049(fNEF 7r98 this day of R_A. PIERSON. SECRETARY 3l25199 POF ALL-PURPOSE ACKNOWLEDGEMENT State of California County of LOS ANGELES On September 21, 2000 .0%TF. personally appeared JEFFREY R . beforeme. CHRISTINE JANE FENDERSON—NOTARY—PUBLI GRYDE ® personally known to me - OR - CRRISTINE JANE FENDERSON Comm.11205912 1rAn rOrAl:r RIlttC-CAIIFORKA V1 IN AaVW Ceu+Itr try Cana Elvis Dec- 24.2002 %I(.%F R->. [2�cIAKxxIdx XMex)Mmac»xxxx ixisYJ(XXA, %vajd D(t xto be the person(1) whose namc(X) islwx subscribed to the within instrument and acknowledged to me that he/s%ftknexecuted the same in his/ha tll m authorized capacity(X=, and that by his/hkxXXl(K sianatures(�O on the instrument the person(x). or the entity upon behalf of which the person(O acted. executed the instrument - W IT\ESS my nd and official seal.. �OTaRl -S S;GNATLR OPTIONAL INFORMATION The information beio« Is not required by law. However- it could prevent f-audulent attachment of this ackno%%i- edeement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 17 INDIVIDUAL I17 CORPORATE OFFICER TITLF�S- l] P--\RTNERt5, i aTTOR,NEY-[N-FACT TRUSTEEt5i GUARDIAN CONSERVATOR •�I OTHER: BOND TITLE OR TYPE OF DOCUMENT '-LN2BE;R OF DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT = ANIE OF xRSO%.S. OR E%TIT+ • ITS. OF ,2 i SIGNER APA _'99 VALLEY -SIERRA- FIR A NAI.INS URAN CECO. OFAMMUCA 4333 Brooklyn Aranus N.E. Seaple,WA 0$103 Bond No,6028950 CONTRACT BOND - CALIFORNIA Premium- Included PAYMENT BOND KNOW ALL BY THESE PRESENTS, That we, GMC Engineering. Inc. and the FIRST -NATIONAL INSLJRA.*4CE COMPANY OF AMERICA, a corporation organized and axlsting under the laws of the State bf Washington and authorized to traossat surety businew is the State of California, as Surety, are held and firmly bound unto -the City of Huntington Beach as Obligee, in the gum of Three Hundred Fifty Two Thous -------------- ----- --------------- -- -------------------------- - --- Dollars ------------------------------------------------------------------- - - - for the payment whereof, well and truly to be made. said Principaland Surety Ind thetttsolva, their sirs, administrators, successors and assigns, jointly and severally, firmly by these praesats. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the abonrbounden Principal has entered into a ocatraot, dated 1 8th day of $eptembgl 2=, with the Obligor to do and perform the following Work, to -wit: Fifth Street Parking Plan - From Walnut Avenue to Orange Avenue NOW, THEREFORE, if the above -bounden Principal or hi&lw subcontractors fall to pay any of the parsons named is Section 3181 of the Civil Code of the State of Californls, or amounts due under Char Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Frrttchiaa Tax Board from the wages of employees of the Principal or bls/her subcontractors pursuant to Section 19806 of the Revenue and Taxation Code, with respect to such work and Iabar, Surety will pay for the same, In an amount not exceeding the amount specified is this bond, and also, in case suit is brought upon this bond, a rumnable attorney's fee, to be fixed by the court. This bond :ball inure to the benefit of any and all persons, mnpanles or corporations entitled to fife claims under Section 3181 of the Civil Code of the State of California, woo as to give a right of action to them or thaw aaoigas in may suit br ghl upon this bond. Signed, sealed and dated this 21 st daY of _ _ September , Z= No premium is cbsrgod for this bond. It is axacuted In connection with a bond for the performanos of the contract. GMC E ineerin , Inc. F4incips FIRST NATIONAL INSURANCE COMPANY OF AMERICA By to Z�� Attorney-ia t % • re R _ G d a-i005/EA Tipp By'. D, . r - -rorney, V0.:wT1D IN :l.Si POWER FIRST NATIONAL INSURANCE COMPANY CF AMERICA 4333 BROOKLYN AVE NE OF ATTORNEY SFATTLE. WASMrNGTON 98105 4333 Brooklyn Avenue N E_ Se3tile. WA 9810'; No. 9392 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint .....r•.........r.......•......•......................JFF fRLY R. (7RYVI.. San Clumcnie.(;iLb.Yivn•............................................................. Its Irue and law ul attomey(srrn-fact. with full atrflordy to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the ccmpany In the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as f•,rlly as if such instruments had been duly executed by its regularly elected officers at its home office IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this_S;h R.A. PIERSON, SECRETARY CERTIFICATE day of March I999 k)i 'a&6 W. RANDALL STODDARD. PRESIDENT Extract from Die By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13 - FIDELITY AND SURETY BONDS . the President, any Vice President. me Secretary. and any Assistant Vice President appointed for that purpose by the officer In charge of surety operaWns. shall each have authority to appornl individuals as attorneys-m-fact or under other appropnate fides with authority, to execute on behalf of the company fidelity and surely 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 apFxed by facsimire. 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 FIRST NATIONAL 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 or Article V. Section 13 of trio By -Laws, and (i) A copy of the power -of -attorney appointmenL executed pursuant thereto, and (ci) Certifying that said power-of-attomery appointment is in full force and effect, Vie signature of the certifying officer may be by faesrmlle. and the seal of the Company may be a facsimile thereof.' 1. R.A. Pierson. Secretary of FIRST NATIONAL 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 Aronney issued pursuant thereto, are true and correct, and that both the By -Laws. the Resolution and the Paver of Attorney are still in lull force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation 21 this day of SEAL L9za� September R-A. PIERSON, SECRETARY S•1049,VNEF 7r9e 3f25r99 POF ALL-PURPOSE ACKNOWLEDGEMENT State of California County of LOS ANGELES On September 21, 2000 UAIF personally appeared JEFFREY �j personally known to me SS' before rne. CHRISTINE JANE FENDERSON—NOTARY—PUBLI R. GRYDE - OR- CHRISTINE JIM FENUERSON Cotnm.11205912 IC c4vew lu Aelde� Crr�q Nf r EspFts 4e .24 2N2 In(IIo KX)iXDOX=x)Mk>FexlIxxx)txx, c=XLKx� xgdjdx Xto be the personX whose name(X) ts1WX subscribed to the within instrument and acknowledged to me that he13tx*kVexecuted the same in hisibc%-De bc(XW authorized capacity0mM. and that by his/hxxh(Xxk sivnaturesOO on the instrument the personw, or the entity upon behalf of which the person(N acted, executed the instrument. WITNESS my ha and official seal, OPTIONAL INFORMATION The :niormation below is not required b-, la«- However. it could prevent fraudulent attachment of thF, acknov I- edQement to an unauthorized document_ CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 1l INDIVIDUAL 7, CORPORATE OFFICER ..l7LE'S, - — Fl PARTNER(S) �] ATTORNEY -IN. -FACT TRUSTEEFSi [� GUARDIANXIDNSERVATOR C OTHER: SIGNER IS REPRESENTING: '-4%1F; OF PER SON, S, OR ENM't-FES• BOND TITLE OR TYPE OF DOCt;`tENT NUMBER OF PAGES D.-kTE OF DOCL AIE`T OTHER RIGHT'rHUMBPRINT = OF Y SIGNER kP-\ i199 VALr.EY-SiERR.1_ iM362-3.69 ARTICLES OF INCORPORATION ARTICLES OF INCORPORATION GMC ENGINEERING, INC. I 1984990 N O O rR S E D FII_E0 to 1110 office V' the Secretary of Slaf! Of :P1- 'I• ra,r�. nia The name of this corporation is GMC ENGINEERING, INC. II MAY 2 7 1997 Bll>` JOMES. St ry o! State The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. III The name and address in the State of California of this corporation's initial agent for service of process is- Gennady Chizhik 1442 Walnut #104, Tustin CA 92780 IV This corporation is authorized to issue only one class of shares of stock; and the total number of shares which this corporation is authorized to issue is 100,000. DATE:— �- I 17 RICHARD MEAGLIA, ATTORNEY AT LAW corporat\chizhik2.art tzs_ -- R - 1,�`�, Dfw -T W)A'W�) V 100- kv- Council/Agency Meeting Held: Deferred/Continued to- 4 9� 30 Approved ❑ Condit anally Approved ❑ enied t erk' Si nature Council Meeting Date: September 18, 000 Department ID Number- ED 00-40 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIUREDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYORICHAIRMAN AND -CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: RAY SILVER, City Administrator/Executive Director tow PREPARED BY: DAVID C. BIGGS, Director of Economic Developme= - ROBERT F_ BEARDSLEY, Director of Public Works C ✓ - SUBJECT: Accept Bid for the Construction of the 5th Street Parking Plan, CE-111.6 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s)• Analysis, Environmental Status, Attacbment[ Statement of Issue: Should the Citv Council accent the bid for the construction of the 5 Street Parking Plan-, CC-11169 Fundinq Source: Funding for this project will come from the Economic Development Redevelopment Fund, which has an existing approved appropriation of $243,000-00 (Third Block West, E-TW-ED-907-35-00) for construction of the 5Ih Street Parking Plan. Additional funds, $162,000.00, are needed and will be provided via a reappropriation from the Unreserved Undesignated Redevelopment Agency Capital Projects Fund_ Recommended Action: Redevelopment Agency Actions: Motion W 1. Approve the lowest responsive / responsible bid submitted by GMC Engineering Inc., 1401 Warner Ave., Suite B, Tustin, CA 92780 for the 5lh Street Parking Plan, CC-1116. 2. Authorize the Chairman and Agency Clerk to execute the construction contract in the amount of $352,150.00 3. Reappropriate $162,000.00 from the Unreserved Undesignated Redevelopment Agency Capital Projects Fund to the Economic Development Redevelopment Fund — Third Block West, E-Tull-ED-907-35-00. City Council Action: Motion to: Authorize the Director of Public Works to expend a total of $405,000 to cover the contract amount of $352,150 00, estimated construction contingency of $35,215.00, and supplemental expenditures of $17,635 Alternative Action(s): Deny award of the contract to GMC Engineering and select one of the / other responsive / responsible bidders. Reject all three bids and direct staff on how to pursue project. Analysis: On July 5, 2000, the City Council/Redevelopment Agency authorized the Director of Public Works to solicit bids and approved the sample contract for the 5'h Street Parking Plan, CC-1116. This project was initiated by the Economic Development Department. Additional background detail is provided in the attached Request for Redevelopment Agency Action. Bidding Contractor Bid Amount 1. GMC Engineering $352,150.00 2. E. A_ Mendoza $354,100.00 3. Excel Paving Co_ $434,464.25 Public Works Commission Review: On May 17, 2000, the Public Works Commission, by vote of 7-0, approved the staff recommendation to request that City Council authorized the Director of Public Works to request bids for the construction of the 5'h Street Parking Plan, CC-1116. Environmental Status: The 5"' Street Parking Plan, CC-1116, is categorically exempt according to Section 15301, Class 1 of the CEQA Guidelines. Attachments}• 1 Fiscal Impact Statement 2_ Location Map 3 Request for Redevelopment Agency Action Approved on Wednesday, July 5, 2000_ RCA Author Tom Andrusky, x 1530 Fiscal Impact Statement ATTACHMENT #1 •�, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To- Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-62 Accept Bid for the Construction of the 51h Street Parking Plan CC 1116 Date: September 6, 2000 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Accept Bid for the Construction of the 5th Street Parking Plan CC 1116". If the City Council approves this request (total appropriation $162,000), the estimated working capital of the Redevelopment Agency Capital Projects Fund at September 30, 2000 will be reduced to $95,000. A2 Jo n Reekstin, Director of Administrative Services wt;ativn Ivid ATTACHMENT #2 PROJECT LOCATION LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Request for Redevelopment Agency Action Approved on Wednesday, July 5, 2000 ATTACHMENT #3 t/)),— —T_ kNc�-)t, s °��Tfll?CITY OF HUNTINGTON BEACH InterOff>ice Communication ��Fa Economic Development Department d d TO: Honorable Mayor and City Council VIA: Ray Silver, City Administrator N FROM: David Biggs, Fconomic Development Director DATE: June 22, 2000 — v SUBJECT: Revision to item E-5 of the June 19, 2000 City Council Agenda Regarding Approval of Plans and Specifications and Authorisation for Bids for the Construction of the 5"' Street Parking Flan CC-1116 The purpose of this memo is to change the wording of Funding Source paragraph in the Request for Council Action dated June 19, 2000 (deferred to July 5, 2000) regarding the authorization for advertisement for the construction of the 5`h Street parking Plan, CC- 11 16. Current Funding Source Paragraph to be Deleted Funding for this Project will come from the Economic Development Department (Unappropriated Redevelopment fund Balance). Engineer's cost estimate is S250,000.00 At the time the award of contract is considered, an appropriation based on the contract amount will need to be made. A Fiscal Impact Statement is attached. New Funding Source Paragraph to be Used Funding for this project Mll come from the Economic Development Redevelopment Fund which has an existing approved appropriation of $243,000.00 for the construction of the 5`h Street Parking Plan. After bids are received and opened we will know if additional funds need to be appropriated. REGEIVE'D J 14 2000 DEPARTMENT OF ECONC-11-110 DEVELOPME - COwl, L/ 6 Council/Agency Meeting Held: Deferre ontinued to: 1- 5— Cho 0 Approved ❑ Conditionally Approved O Denied Ci C ignature Council Meeting Date: June 19, 2000 Department ID Number. ED 00-25 CITY OF HUNTI nv .e 0 1—%^r 02 ON BEACH REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE CHAIRMAN & REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: RAY SILVER, Executive Director Aldolp PREPARED BY: DAVID BIGGS, Director of Economic Development P ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: Authorize Advertisement for the Construction of the a Street Parking Plan, CC-1116 Statement or Issue. Funding Source, Recommended Action, Atternative Action(s), Analysis, Envirorunental Status Attachrrxnt(s) Statement of Issue: Should the Redevelopment Agency authorize the Director of Economic Development and the Director of Public Works to request bids for the construction of the 5u, Street Parking Plan, CC-1116? Funding Source: Funding for this project will come from the Economic Development Department (Unappropriated Redevelopment Fund Balance). Engineer's cost estimate is $250,000.00. At the time the award of contract is considered, an appropriation based on the contract amount will need to be made. A Fiscal Impact Statement is attached. Recommended Action: Motion to: 1. Approve the project plans and specifications and authorize the Director of Public Works to request bids for the 51h Street Parking Plan, CC-1116. 2. Approve the attached sample contract subject to the award to the lowest responsive/ responsible bidder and authorize the Chairman and Agency Clerk to execute an agreement in substantially the same form between the Agency and the successful bidder. Alternative Action(s): 1. Do not approve at this time and direct staff on how to proceed with the project. 2. Direct Redevelopment Agency to pay parking in -lieu fees in an amount of $375,004.00 as an alternative to this plan. This would eliminate funding for the street improvements. r1_11 REQUEST FOR REDEVELOPMENT AGENCY ACTION MEETING DATE: June 19, 2000 DEPARTMENT ID NUMBER: ED 00-25 Analysis: Public Works staff is acting as the project administrator for the Economic Development Department to reconfigure the parking along 5ti' Street between Walnut Avenue and Orange Avenue. The project will result in the creation of approximately 30 additional spaces through realignment of existing angled parking and infill of secondary driveways. New sidewalk, streetlights and landscape planters will also be constructed as part of this project. The improvements along the east side of 5u' Street, between Olive Avenue and Orange Avenue, were constructed as part of the Plaza Almeria Project. The 9 Street project will bring uniformity to these two blocks. As part of the Economic Development Department's Disposition and Development Agreement with the Plaza Almeria project, the Agency is responsible to provide 18 parking spaces. These 18 spaces will be derived from the 5u' Street Parking Plan project to meet a carry-over requirement from the Town Square Project. Also, the Agency has an obligation to the Parking In -Lieu Fee Fund for the equivalent of 13.5 parking spaces for two other projects. The plan is to use 12 of the additional 30 parking spaces provided in the Fifth Street Parking Plan. If the Agency were to pay into the Parking In -Lieu Parking Fund the cost is estimated to be over $375,004 (18 spaces for Town Square and 12 spaces for two other projects). By constructing the Fifth Street Parking Plan, the Agency will be able to meet its obligation for 30 parking spaces and provide street improvements for $250,000 which is a significant savings. Environmental Status: None Attachment(s): 1. Location Map. 2. 5 h Street Parking Plan. 3. Fiscal Impact Statement. 4. Sample Contract. 1 5. 1 Memo dated May 18, 2000. RCA Author. Tom Andrusky x1530 RCA 00-25 -2- 6/8100 2:08 PM ATTACHMENT #1 PR OJEC T LOCATION J LOCATION MAP CITY OF HUNTINGTON BEACH 0 ATTACHMENT #2 - ORANGE (1 DUE 29 �~ 1 �v c� Pkcw Ahrda �ti 1 .c.r. OLIVE AYEMIE t� I G ENE M r.a C� WALMJT A4%�+I1E - 5th STREET PARKING PLAN CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS i SCALE 1'=100 CCs s l6/5—ST_-B DvW- Please see June 22, 2000 Memo on first page. ATTACHMENT #3 Sample Contract Not Included ATTACHMENT #4 Memo dated May 18, 2000 ATTACHMENT #5' CITY OF HUNTINGTON BEACH InterOff ce Communication Economic Development Department To. Honorable Mayor and City Council VIA: Ray Silver, City Administrator FROR-1: David Biggs, Economic Development Director I)ATL: \lav 18, 2000 SUR.11_CT: Fifth Street Parking flan — from Walnut Avenue to Orange Avenue The purpose of this memo is to provide background information requested by the City Council at the April 17, 2000, Council meeting regarding the proposed I"ifth Street Parking Plan for the area from Walnut Avenue to Orange Avenue and to report the current status of the project. Attached are three memos and notes on comments received at a public meeting held on Wednesday, Flay 19, 1999. Below are summaries of the key points from the attached documents_ 11•Iay 20 1997 — Memo From Melanie Fallon, COfilfnl111itY Development Director and Les ,Tones, Public [Forks Director Regarding Plaza Almeria — Parking On Fifth Street — Video Presentation At April 21, City Council Meeting. The Staff report analyzed the points made in the video presented at the Council meeting, which depicted negative aspects of the proposed perpendicular parking on Fifth Street adjacent to the Plaza Almeria Project. The Staff response included comments on issues related to traffic circulation, street widening, safety, staff inspections of construction and the City's future plans to extend perpendicular parking on Fifth Street. June 27, 1997 — Memo From David C. Bipps, Economic Development Director To Bob Eichblatt Citv En *ineer Regarding Proposed Fifth Street Parking Improvements. The memo provides background information on the Fifth Street perpendicular parking relative to Plaza Almeria and the need to meet the 18 parking space; requirement regarding the Town Square project- Also, the memo requests assistance from the Public Works Department. Below is a two paragraph quote to give more detail. "John "1 illotson's project on Third Block West, Plaza Almeria, was approved by the City Council with the street parking along; Fifth Street being converted from diagonal parking to perpendicular parking_ This allows the developer to replace the onstreet parking being removed from Main Street. The Redevelopment Agency has an interest in extending this perpendicular parking plan to the west side of Fifth and to both sides of the block between Walnut and Olive avenues. Eighteen of the estimated 32-net new spaces would be used to meet the Agency's obligation in regard to the Town Square project. A solution to these 18 spaces needs to be developed and approved by the Planning Commission prior to the Plaza Almeria project proceeding since it is a Condition of Approval for Plaza Almeria." April 9. 1999 -- ]Memo From David C. Ries, Economic Development Director Via Ray Silver, City Administrator To hlonorable Mayor And City Council Members Rep-ardinp- 5'h Street Parkins: — 2"d And 3rd Blocks. This memo outlined the need to provide IS parking spaces for the Town Square project, stated that an engineer had prepared plans for 90 degree parking, funding sources exist, property owner contacts were made and that the Economic Development Committee would be given a report oil the 5"' Street Parking flan at their April 21, 1999 Meeting_ April 21, 1999 — Excerpt From Meeting Of •Thc Economic Development ('ommittee Nleeting Held At 3:00 P.M. In The 4'1' Floor Conference Room 42 — Council Memhers Present Werc Mayor Peter Green, Mayor Pro Tem Dave Garofalo And Council Member Shirlev Dettloff. 5`h Street Improvements — Bisggti Biggs reported the Redevelopment Agency has a yet unfulfilled condition of approval to provide 1 S spaces prior to Plaza Almeria bei% given a Certificate of occupancy. The Plaza Almeria project has begun the conversion of 5' Street from angled parking to a new format adjacent to the project between Olive and Orange. Mayor Green asked why not angled parking and Biggs responded that it wouldn't provide the increased number of' spaces needed. Required parking obligations were discussed for tills area as well as related landscape ideas_ Staff noted that there i` no entitlement process associated with this project- The next step,,ill be to take tills plan to property owners and the tenants on 5"' Street. Council will consider a contract fbr costs to authorize bids and specifications for this beautification project that will ultimately save the City dollars and provide more parking. Comments Received at 51h Street narking mccting Wednesday. Mav 19, 1999. Some of the comments made at this meeting included the need for a change machine, additional parking would benefit the area, smaller trees would open the ocean view. A complete list can be reviewed on the attachment. Please note that all property owners and occupants were notified of this meeting. The record in the file showed that five property owners were present. There are twenty property owners and twenty businesses located on Fifth Street between Walnut Avenue and Orange Avenue. Maw 1G, 2000 — Property Owners and Tenant Meeting The property owners and tenants on Fifth Street were given an additional opportunity to review plans on Tuesday, May 16, 2000 from 3 p.m. to 5 p.m. at the Art Center. The property owners present were Mike Ali, Bill Gallegos and Mrs. Gallegos. They supported the project. "There has been a request by two merchants (The Shed and Gotsie's Bead Shop) to have a change machine installed on I"ifth Street so that those visitors that need quarters for the parking meters would not come to businesses for change. Staff will be discussing this matter with Ron Hagan, Community Services Director. The change machine is a separate item and will not be included in the construction contract. The cost for installation of a change machine is estimated to be under $2,000. May 17, 2000 — Public Works Commission Itevie-,r The Public Works Commission reviewed the project and recommended in favor of proceeding to request bids for construction. The Current Action flan as of May 18, 20011 1. Request City Council authorization to go to bid at the June 19, 2000 City Council meeting, 2. Award the bid in August 2000. 3 Begin Construction in September 2000 after Labor Day; and 4_ Complete Construction by December 1, 2000. The estimated cost of the project, including contingencies, is 5250,000. The financing will be provided from Redevelopment Funds. The project will provide 114 parking spaces which is 30 more spaces than the 84 spaces that currently exist between Walnut and Olive on Fifth Street. The project includes new curb, gutter, sidewalk, landscaping and restriping to provide perpendicular parking. The current plan calls for the closing of three driveways on properties that have alternate access. Staff has met with two of the three property owners that have access closures and they have no objection to the closures because they have alternate access available. The third owner that has a proposed access closure does not have a listed phone number, has not responded to our invitation to meet and we have sent him a certified letter_ A return receipt has been received, but we have not had any direct communication from this owner. cc_ Bob Beardsley, Director of Public Works Ron Hagan, Director of Community Services Howard Zelefsky, Director of Planning Todd Broussard, Public Works, Engineer Tom Brohard, Public Works, Traffic Engineer Chuck Davis, Public Works, Landscape Steve Benson, Community Services, Parking Jane James, Planning Herb Fauland, Planning Lt. Tony Sollecito, Police Dan Madrigal, Fire, Deputy Fire Marshal Tom Andrusky, Economic Development Attachments Memo from Melanie Mallon to Michael T. Uberuaga, May 20. 1997 Memo from David Biggs to Bob Eichblatt, June 27, 1997 Memo from David Biggs to Mayor and City Council Via Ray Silver, April 9, 1999 Comments Received at a Public Meeting on fifth Street Parking, May 19, 1999 �� CITY 4F HUNTINGTON BEACH RECEIVED INTER -DEPARTMENT COMMUNICATION ta'Ay 9_� 'g°7 l lu.`n INGION SS ACII DEPARTMENT OF ECONOMIC DEVELOPMENT TO: Michael T. >_)bcruaga, City Adrnirristrator l;it()M 1`•Iclanie S_ I'al1017. C Ommunrty Development Puree or Les M. Jones, I1, Public Works Director ay-1 SUBJEICT: Plaza Almeria - Parking on Fiftli Street Video Presentation at April 21, City Council Meetilig 1)A'1'L: N,1av 20. ? 997 J . As you arc aware, the City Council approved the mixed use Plaza Almeria project on appeal at the City Council meeting on .April 7, 1997_ Cart of the ap proval action included a plan to remove parking, stalls along Nlain Strict_ In an effort to maintain the same number of on -street parki1:2 spaces around the vicinity of the site, the Cite Council approved the restriping of the east side of Fifth Street xvith 90 degree parkin; spaces. A vid tat}e presentation re�gardinu the proposed restripirig of Fifth Strect parking stalls v.--as ITU'dc to the City Council on April ? 1. 1991'. The videotape depicted a vchicle in the process o` parkinIg on the cast side of fifth Street, adjaccnt to the I'laza Almeria project, in a simulated 90 de{orce parking stall. The video raised the folto%ving concerns with the proposed parking layout on Fifth Street: • It is difficult to pull out from a 90 degree parking stall when the vehicle'in the next stall is too large. The video showed a Volvo backing out with a Suburban parked in the next stall_ • The proposed plan for 90 degree parking on one side of the street will turn Fifth Street into a parking lot. • The videotape shows the vehicles crossing the center line when backing out. • The proposed parking plan is unsafe because maneuvering will block traffic in both directions_ Michael T. Uberuaga May 20, 1997 Page Two • The video first depicted I I feet, 5 inches between vehicles and showed that parking could be accomplished easily. The vehicles were then moved closer together with only 9 feet between them and the video demonstrated that a Suburban had difficult", maneuvering between the parked cars. • The proposed parkin, plan will damage downtow.l circulation. • 'I lie proposed parkin, plan may prohibit any future plan to convert the first three blocks of dowiito..-n into a pedestrian mall since circulation on the; perimeter will not be adequate. Staffoffers the toilowina comments regarding the: concerns raised in the videotape: • 'l'he proposed restripin�g, of' Fifth Street for 90 degree parking adjacent to Plaza. Almeria w'1t11 CXISt1ng ali��led parking to remain on the .vest side of the street is intentional. Staff has analyzed the proposed request and has determined that it would be preferable to design the on -street parking to function more Iike a parking court than a through Street. The proposed design is intentional to change the character of the area frorn a street to a parkili-, court. The curb lines at both Olive and Orange Avenues will be .widened by 2 feet from the present configuration, decorative pavers at both Oliva, and Orange Avenues will be pluyided. and the centerline stripe will not be replaced at the conclusion of the street interOVernents. All of these design ntecharnsms serve as a visual cue to drivers then are entering a new area that is not intended to function like a street. It is important to note that public traffic .will still be allowed on Fifth street. Traffic Engineering staff has reviewed the proposal and has concluded that since Fifth Street is currently not a heavily traveled thorough are, parking maneuvers can continue to be safely made with 90 degree parking on one side. Ultimately, the City will likely pursue restriping all three blocks of' fifth Street in a similar fashion to gain additional public parking spaces. Although the commentators in the video stated that Fifth Street is heavily traveled, the video depicted the demonstration vehicles backing up the length of the street and making U-turns in the middle of the road. There were no passing vehicles that were forced to .wait while the demonstration vehicles were pulling into and out of the simulated parking spaces. Staff believes the; video did an adequate job of demonstrating the lack of traffic on Fifth Street Traffic counts may be taken on Fifth Street between Olive and Orange Avenues should the Citv Council desire this information. (;e 59;rrrt1) Michael T. Uberuaga May 20, 1997 Page "three • The video presentation did not take into account that the existing curb line will be moved two feet east concurrent with the improvements associated with Plaza Almeria. Thus, an additional two feet of maneuvering space will be provided than currently exists on the street_ Ultimately, if the opposite side of Fifth Street is reconstructed for 90 degree parkin, stalls, the curb line will be moved an additional two feet west for the ultimate back-up space (referred to as a drive aisle) of 26 feet. This configuration is identical to all commercial and industrial parking lots throughout the City. • Staff aurces that it can be difficult to see when backing out of a parking space with an oversized vehicle in the adjacent stall. This situation exists in all perking situations throughout the City and oversize vehicles will create a visibility problem %vilether or not the parking stalls are angled or are 90 degree stalls. • The video depicted a flawed method of measuring parking stall size- A standard parkipUl stall size is 9 feet wide, however, it is measured from the center of the stall paint stripe to the center of the opposite stall paint stripe. The video showed the two vehicles placed exactly 9 feet apart when in reality, a vehicle parked in the center ofa 9 foot wide sta!I typically yields between 1 - 1 and 1/2 feet of maneuvering space on each side of the vehicle. This point can be further illustrated by the fact that the California Vehicle Code limits the maximum width of a vehicle to eight (S) feet, six (6) inches (CVC Section 35 100) otherwise special operational licensing must be obtained. It should be nosed that the City of I-luntinoton Beach Municipal Code Section 10.44.060 discusses time rel�aed parking restrictions for any vehicle Nvider than eight (S) feet_ Those vehicles are gencrally considered commercial vehicles while almost all other vehicles are considered passenger vehicles. Thus the typical passenger vehicle as well as Suburban type utility vehicles are no more than 8 feet wide and can easily be accommodated with room to spare in a 9 foot wide stall. The video demonstration did not accurately- depict parked vehicles in a 9 foot wide stall. • Fifth Street is not a vital part of the downtown circulation pattern_ It is three blocks long and without signalized access to Pacific Coast Highway. It is not shown as an arterial highway on the Orange County Master Plan of Artenal Highways or the cut -rent City Circulation Element, and it is not currently heavily traveled. Should the first three blocks of Main Street ever be converted to a pedestrian mall it is anticipated that the traffic circulation pattern would be focused on Lake and 6th Streets as opposed to 3rd and Fifth Streets. In addition, if the ultimate plan to restripe all of Fifth Street to 90 degree parking (Z.5971anr) Michael T. Uberuaga May 20, 1997 Page Four is realized, a greater base of parking will be provided in the immediate vicinity to support the core of commercial uses in any future pedestrian mall. Therefore, staff does not anticipate a disruption to the downtown circulation pattern. Staff will verify that the proposed design of the 90 degree parking on fifth Street is carried out and constructed accurately by conducting a thorough review of the street improvement plans and by inspections of all stages of improvements includin- curb placement and stall striping. cc: Honorable Mayor and City Councilmembers David Biggs, Economic Development Director Robert Eichblatt, City Engineer Jim Qtterson, City Traffic Engineer Howard Lelefsky, Planning Director Herb Fauland, Senior !Tanner David Webb, Principal Cival Engineer Stephen Kohler, Project Manager Jane Madera, Associate Planner John H. Tillotson, J'I' Development (Y. 59Tjfn I) °� a CITY OF HUNTINGTON BEACH Interoffice Coin In uniclfloil Economic Development Department To- Bob Elcliblatt, City En"incer FROM David C- Biggs, Director of I.conomic Develo,)nrent IRATE- ,tune 27, 1997 SUIUFC1'_ Proposed Fifflt Street Parking Improvements Jahn Tillotson's project on Third Block West, Plaza Almeria, was approved by the Ci..\• Council v.-ith the street parking along Fifth Street being converted from diagon2! parkin` to perpendicular parking_ Thus allo%vs the developer to replace the onstreet parkin- being rertloved from Main Street. Tile Redevelopment Agency has an interest in extenciing this perpendicular parkin,; plan zo the west side of Fifth and to both sides of the block bc°m.eer: Walnut and Olive 2venues Eighteen of the estimated 32-net ne,,v spaces wo"Ild be .!_ed to n:ee, the :1=ency�s obligation in regard to the Town Scluarc project; A solo ion, to these P, spaces r,eccis to be developed and approved by the Planning Con.imission prior W tllc I'13Ln •"Iltllel la prclje proceeding since it is a Condition of'Approv?l for Plaza Almeria John Tillotson's engineering firm has comple:cd a Conceptual plan which extends this parking, plan to the additional blocks. This has been provided to the City both as a hard copy and on disk_ Jim Otterson has reviewed the conceptual plan and has the disk in his possession Recently, I met with Herb Fauland and Bruce Gilmer to discuss moving this project forward. The next step will he to take this p:an to the City's Parking Committee for a technical review Hopefully, this will occur before the end of Jilly Following this review, It is our plan to meet with the property owners :n the area to get their comments. The purpose of' this memorandum is to request your assistance in upgrading tite current conceptual plan to allow for case of review Is it possible to use the City's GIS system to acid the followinv to the Plan 1. Snow property fines- 2 Show building front outlines 3. Show utilities (above ground and underground) water meters, gas meters, and existing light standards_ If the GIS system can not provide this or the current workload will preclude a timely response, can you assist us in identifying an engineering firm with which we can contract to have the work done. Alternatively, do you have any objections to using the Pl?.za Almeria engineering firm to do the work? ]'lease let me know how you would like us to proceed in this matter. "Thank you in advance for your assistance- DCB]s xc' Ray Silver, Assistant City Administrator Les Jones, Public Works Director Melanie Fallon, Community Development Director Ilerb Fauland, Senior Ytamer Stephen Kohler, Project Manager Bruce Gilmer, 'Traffic Engineer Assoc. (g dcb-mesnosqis) LJ J& CITY OF HUNTINGTON BEACH ko" INTER-DF-PARTMENT COMMUNICATION N�NTINCTON ■LAC17 DATE: April 9, 1999 TO: Honorable Mayor and City Council Members FROM: David C. Biggs, Director of Economic Development 60 VIA: Ray Silver, City Administrator SUBJECT: 5tt' Street Parking — 2nd & Y" Blocks With the approval of the Town Square Conditional Use Permit in 1987, the Agency accepted responsibility for the provision of eighteen parking spaces required for the commercial space that could not be provided on -site. During the initial negotiation of the Disposition and Development Agreement for the Third Block West project (now Plaza Almeria) in 1990, the Agency agreed to purchase the additional spaces in the project's underground garage. Plaza Almeria was subsequently delayed by litigation and redesigned and as part of this process, a more economical solution to provision of the required parking was sought. However, there still remains a condition of approval for the Redevelopment Agency to provide 18 spaces prior to Plaza Almeria being given a certificate of occupancy. The Plaza Almeria project has begun the conversion of 5th Street from angled parking to a new format adjacent to the project between Olive and Orange_ Staff has had an engineer prepare plans to continue this 90 degree parking concept on both sides of 5�h Street in the second block and on the west side of the third block. This plan increases the parking yield from the current 68 spaces in an angled arrangement, to 123 spaces configured at 90 degrees to the curb. Even with the 55 space increased parking count planter fingers have been provided that will accommodate canopy trees to create an atmosphere of a parking court instead of a street right of way. Three driveways serving adjacent properties will be closed to implement the plan, but the affected property owners have alternative access and each has been consulted about the plan. Staff believes that this is the most expeditious and economical way to meet the Agency's contractual obligation to the Plaza Almeria project parking requirements. In addition the project will generate.:an additional 37 on street parking spaces. Existing funds in the Parking In -Lieu Fund and redevelopment funds may be used to construct these improvements. Staff will be requesting the development of construction drawings and solicitation of bids in the near term. The improvement plans will be presented to the FDC at its meeting of April 2'1-" 1 hope that this information will be useful in understanding the Agency's obligations for downtown parking. if you have questions, please call me at 536. 5909. xc: Melanie Fallon, Assistant City Administrator Robert Beardsley, Director of Public Works Howard Zelefsky. Planning Director Bob Eichblatt, City Engineer Gus Duran, Housing & Redevelopment Manager Stephen V. Kohler, Project Manager COMMENTS RECEIVED 5TI1 STREETPARKING MEETING WEDNESDAY 19 MAY 1999 1:00 P.M. - 3:00 P.M. And)' Stupin • All new sidewalks if done • Small trees to avoid blocking ocean vie%v • May not benefit 5`!. Street h«'ncrs Bill Gallegos • Parking is empty during week • JUSt means more people rant quarters andi use restrooms • Mav not benefit property owners Marla at Gotsie's 207 5"' Street • Change machine recdcd • Parkin, cost too high et 25 cents 'oj 10 n)inu:cs (shC validates for "arage) • Gxtra spaces would be of benefit • Busiri--ss better on Fridays since produce moved to I" block Pristine Motorspotis • Planter in front? Ok • 1las talked to owner -- plan ok Mrs. Gallegos • Wants new sidewalks • Wants bumps to deter skate boarders • Police substation is a lounge • Wants change machine in front of substation C '�I cI d i r n! I'r rl n'[ I Vrl,9 r r: f:h111 IT RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development/Public Works SUBJECT: Construction of the 5th Street Parking Plan CC-1116 COUNCIL MEETING DATE: September 18, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS Note: Dan Villella approved funding source section_ A -- REVIEWED RETURNED FORWARDED Administrative Staff () ) Assistant City Administr or (Initial) { ) City Administrator (Initial) { )v ) City Clerk { ) EXPLANATION FOR RETURN OF ITEM: Cam/! ,d ...Arre�h %• �E4 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION KUNTI TON 1114CH Connie Brockway, City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk I I To-. Date:1� / o�� Meeting Date: 2 l O-Ds � � Agenda Item: `— `d [ , or — Proposed Cijy_Council _Agenda _Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration 1. 1 Signature(s) Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other I . v �• 4. Insurance Certificate (Proof Of Insurance) / A Not attached B Not approved by City Attorney's Office C Signed fort notifying City Clerk that department will be responsible for obtaining insurance certificate on this item (See form attached) S. Wording On Request For Council Action (RCA) UnMar A Recommended Action on RCA not complete B Clarification needed on RCA 4�- C Other a C ,¢` 6. City Attorney Approval Requirel� 7. Agreement Needs To Be C nged A Page No. CA 8. Other (' G agowannaurcarom, PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: August 17, 2000 August 24, 2000 August 31, 2000 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on _ August 31-, 2000 at Costa Mesa, California. Signature NOTICE- INVITING SEALED. BIDS fo r-, , they FIFTH. =STREET PARKING PLAN CASH -,CONTRACT No. 1116 In the CITY OF HUNTINGTON BEACH PUBLIC -NOTICE' IS HEREBY GIVEN;. :that the CITY OF.,, HUNT- INGTON BEACH-,. as AGENCY, invites sealed bids for the above stated project and will :receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street;' Huntington Beach, Calk fomia 92648, upp ,to the hour of 2:00 P:M. on Tuesday, September :5, 2000. Bids: will be pub- Iicy opened in .the Coun- cil Chambers unless_ oth erwise posted: Copies -of the Plans, Specifications, and con- tract documents are, available from- the � Office of the Director of Public Works, 2000 =,-,,Main� Street, -Huntington escrow =holder —sure value to the reten= tion inaccordance .with rthoe "*visions of the Cal- ifornia' Government Code, Section 4590. The Contractor shall, be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that .rninonty business enterprises will: be af- forded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in' any consideration leading to the award of contract._ No bid shall be con- sidered unless it is prepared on the ap- proved -proposal forms in conformance with the In- structions to Bidders. The 'bid ,must be ac-- co inied by, a certified check; cashier's check, or 'bidder's bond made payable to the "AGENCY ' for an amount not less than 10% of the, amount bid: The" successful bid- der shall be licensed in accordance ' 'with provisions oU the Busi- ness and Professions Beach, CA-92648, upon-Code..and shall possess Payment- of a $25.00 i-a-�,State Contractor's �. nonrefundable fee if ', License' Class A at the picked up, or payment of time of the bid opening. a'$35.00 nonrefundable The successful Contrac- fee if mailed. for .and his subcon- Any contract entered tractors' will be• required into pursuant to this no- to 'possess business lice will incorporate the licenses - from,; the provisions of the State AGENCY. ` Labor Code. Pursuant to ''The 'AGENCY .re- the provisions of the La- serves ,'the: right to reject bor Code of the State of any or all, bids„ to;waive California, the minimum any irregularity 'and to prevailing rate of per take .all -bids under diem wages" for each advisement for a craft, classification or maximum ` period of 60 type of workman needed days. to execute the contract BY ORDER of the shall - be those de- CITY COUNCIL of'the. termined by the Director CITY OF HUNTINGTON of Industrial Relations of BEACH, CALIFORNIA, the State of California, the 5 -day. of July 2000.. ° which are on file at the 'Attest: Office of the Director of �,.Conriie B►o,ckway; Public `Works, 2000CITY::CL' ERK _OF ,THE Main 'Street, Huntington CITY OF 11U"NGTON Beach, CA,92648. The.. AGENCY, will de- duct' .a . 10%..'retention from all progress pay- ments. The Contractor may substitute _ an_ 24, 31; Huntington iin , Valley August. 17,. COPIES TO: Front Desk Engineer City Clerk FIFTH STREET PARKING PLAN WALNUT AVE TO ORANGE AVE CC - 1116 SEPT. 5, 2000 a@ 3:00 PM (Engineer's Estimate: $262,167) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. BAXTER GRIFFIN ELECTRIC $ 2. CARLSON'S LANDSCAPING $ 3. DYNALECTRIC $ E. A. MENDOZA �. $ 3 oo, 00 5. EXCEL PAVING CO. . CONTRACTORS 3 $ u u y " i 34 1 b 4 6. FLEMING ENVIR., INC. $ F7j.GMC ENGINEERING, INC. 1 $ 1 8. H.B. COVEY, INC. $ 9. HOLLAND-LOWE CONST. $ 10. J. D. C., INC. $ 11. MADISON-PAVING CO. $ 12. MARNE CONSTRUCTION $ 13. MOORE ELECTRIC CONT. $ 14. NOBEST $ 15. PCI PAVING CONTRACTORS $ G\BID LIST 16. PREMIER CONTRACTORS $ 17. PYRAMID CONSTRUCTION $ 18. RIVERA IRRIGATION INC. $ 19. TRISTAR ENGINEERING $ 20. $ 21. $ 22. $ G\AID LIST Y Y HACH. CA logo SEA' -9 p 2. 5q IV; :E d S) - d35 Maz -40 UM City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For 5" Street Parking Plan CC- 1116 August 21, 2000 Notice To All Bidders - Please note the following revision to the Project Plans, Specifications, and Technical Provisions: Bid due time and location revised to September 5, 2000 at 3:00, Room B-6 This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated August 21, 2000_ Company Name Date By All bidders must acknowledge the receipt of this Addendum with your bid proposal_ Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. SECTION A NOTICE INVITING SEALED BIDS for the FIFTH STREET PARKING PLAN CASH CONTRACT No. 1116 in the CITY OF HUNTINGTON BEACH f,A,) 8,9-00 9 -71 g -31 PUBLIC NOTICE 1S HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second floor. 2000 Main Street. I-luntington Beach, California 92648, up to the hour of 2:00 1'-M. on Tuesday, September 5, 2000- Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, I luntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, I luntington Beach. CA 92648. The AGENCY will deduct a f 0% retention from all progress payments_ The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGI-;NCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal farms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount not less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDF=R of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5 day of Jule 2000. Attest: Connie Brockwav CI"IY CLERK OF THE CITY OF HUNTINGTON BEACI I A-2 GMCW RN� VE SM 13 LTUSM , CA sm _,am, L.JJ .. SEALED BID FOR: CITY OF HUNTINGTON BEACH FIFTH STREET PARKING PLAN BID DATE 9/5100 BID TIME 3:00 PM 00 NOT OPEN WITH REGULAR MAIL 0 S i 4 r"• -7 r t SECTION C PROPOSAL for the FIFTH STREET PARKING PLAN from WALNUT AVENUE TO ORANGE AVENUE CASH CONTRACT No. 1116 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM TILE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 • If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find.34 -39in the amount of S /0 / • which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: -Addendum Date Received Bidder's Signature . F P �O � i i -, - _ C-2 SECTION C PROJECT BID SCHEDULE ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 1 1 Construction Traffic Control Plan L.S. @ t 4hvwGeW > ✓ �� 9aitars g 1 c, (o90yf &go(/ — 2 1 Mobilization L.S. @ gey AWzAaal 4&ac fiwous ! Guts- 3 390 Sawcut and Remove AC Pavement and Base & S.F. Replace Per City STD 109 @ .-- Dollars F, Ve Cents yZiS /(057r 4 5,410 Sawcut and Remove Existing AC Pavement S.F. @ Dollars Cents 5 1,215 Sawcut and Remove Existing Curb and Gutter L.F. @ 241f, Dollars e Cents /•i� �3��0� 6 14,575 Sawcut and Remove Existing Sidewalks S.F. @ 044f Dollars 14 ! Cents 7 25 Remove and Salvage Existing Parking Meters Each @ ��'e j/�!? i iny: Dollars 26. 1 q5 r Cents oo 8 2 Remove Existing Bench Each @-�pc�/l�tJ� SP.✓ -IjI4 Dollars t Cents q5& 9 7 Remove Existing Tree and Container Box Each @ .51X h UIdIW & 04 -Z Dollars �- Cents�$� ��v— 10 3 Remove Existing Sign Each @ 0/1L � / Dollars 'i Cents T 1 l 3 Remove Existing Culvert Each @ rLea 1 h,1A&rj1i6(�(-(fAb Dollars Cents U --_ 3 V.5(v 12 11 Remove and Salvage Existing Pole and Each Luminaire @ fh(Ai/I1A/ 114Lef4Y Dollars r— Cents 13 34,400 Variable Thickness AC Overlay Including S.F. Grinding and Feathering @ Dollars Cents �?J C-Is ITEM' ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 14 2,520 Full Depth AC Pavement to Match Existing S.F. @ 4ul O Dollars • 85 ? 00'a 'r l W Cents 15 1,130 L.F. 6" Curb &: Gutter Per Standard Plan 202 @ le d le«/ Dollars- K/ &Ae Cents 16 425 6" Curb Per Standard Plan 201 L.F. @ P_Le Dollars Cents 17 13,425 Concrete Sidewalk Per Standard Plan 207 S.F. a Dollars Cents 18 11 Curb Ramp per Caltrans New Standard Plan NSP Each A88 Case E @ f�y�'l/riA�it[� p'7�/� _Dollars --- Cents %9.s 19 470 Drivewa Approach Per Standard Plan 209 S.F. @ Ale, Dollars Cents 20 44 Each Install A ency Furnished Parking Meters @ 07e 11AA,rd Jhwi4yiy Dollars r Cents W 21 83 Concrete "U" Channel Per Detail L.F. @ (5bleev Dollars $•a l 1 j �' Cents 22 3 Each Adjust Water Valve Box to Grade @ Dollars Cents 23 1 Each Protect Fire H drant and Adjust to Grade @ __016�?-� aAo.va� At:� Dollars r Cents 24 277 12" Wide Concrete Parking Stall Step per Detail L.F. in Plans Dollars Cents C 1,3/ 25 375 I8" RCP 1500-D L.F. @ r Dollars y f t Cents 26 4 24" x 24" Drop Inlet & Local Depression per Each Detail in Plans @ flIl { 4A0uJr-n/ Dollars Cents 27 4 Modified Local Depression per Standard Plan 302 Each and D tail in Plans Dollars Cents � � Z1 & 0_ C-2s ITEM' ESTIMATED ITEM WITH UNIT PRICE WRITTEN 1N UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 28 2 Junction jtructure Type D per St a dar Plan 305 Each 7, HAIirs g5v 57vo �- emis�o 29 2 Curb Inlet Catch Basin per Standard Plan 301 Each W= 4' ! @ -�� Ih/tC /k1A//sD/ Dollars �-- Cents 30 300 Concrete Encasement Type A per Standard Plan L.F. 514 @ Dollars , aQ 7XV Cents 31 I Landscaping, including Plants, Planting, L.S. Irrigation Systems, Controls, Mainntenance and Plant Establishment @ sr Kf y �• pld�l�ra —�mts ��S 6 2' J�8��0� 32 12 70 Watt HPS Luminare and I C I -20CF6 Amcron Each Concrete ole aft Dollars Cents 33 16 Each 95 Plastic Lined Street Lighting Pull Box @ p�! �s,�/nd.u/ NU pe.�-1 Dollars Cents 34 1,200 1- 1/2" Schedule 40 PVC Conduit w/348 AWG L.F. ConduVfli-eev'a @ Dollars f Cents 35 290 1-1/2" Schedule 40 PVC Conduit w/24#8 AWG L.F. High Voltage Conductors @ 4-f j I y Dollars a --- ,> YVr Cents 36 1 Connect existing high voltage circuit to new L.S. conductors to complete circuit @ & e Dollars Cents 37 70 Install 3-48 AWG conductors in existing conduit L.F. — connect to existing pedestal a _y/ Dollars �o 0 ^ Lh /l Y rtK Cents 38 1 2" Water Meter w/2" Service Assembly and Each Reduced Pressure Principle Backflow Presenter @ ><�v�P -At o vJCn d �/ �h.�h ✓�t�lrc+d - -- 5, zw d� rrar C-3s ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 39 880 Irrigation Cross -over including Sawcut, Removal L.F. and Patchi g f�ji� Dollars r Cents Total Amount Bid in Figures: S 9jSOr- Total Amount Bid in Words:: —M-W f741o&,,y l C-41 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of work Aame and Address of Subcontractor State License Number Class BUENA VISTA LANDSCAPE 601 Lakeview Placentia, CA 92870 714-779-I202 674472 C27 LANDSCAPE IRRIGATION 920 W. Foothill Blvd. Azusa, CA 92706 626-334-2979 394471 (8 CONCRF:7-F: Baxter -Griffin Electrical Cont. 8210 Monroe Stanton, Ca 90680 (714) 826-5310 290768 C-10 Fiectrical By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange npllnAdy Chiobik _ being first duly sworn, deposes and says that he or she is President of GMC ENGINEERING INC the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. GMC ENGINEERING INC. Name of Bidder 1401 Warner Ave Ste B Tustin, CA 92780 Address of Bidder Subscribed and sworn to before me this 1st day of September 2000 . SANDRAJO WINBERRY cmrnisslon 0 1153985 Noto!y Public - GaGtornia Los Ange;es Cou►7i► My Comm_ Ap%SepIQ2CA1 NOTARY NOTARY SEAL C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the FIFTH STREET PARKING PLAN, (1)(we)(1t) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 9/1/oo GMC ENGTNEERiNG rNC. Contractor By Title President C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 9/1 /oo GMC ENGINEERING INC. Contractor By Title President C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: TBA GMC ENGINEERING INC. Contractor By Title Date: 9 / 1100 President Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GMC ENGINEERING INC,_ Bidder Name 1401 Wanner Avenue Ste B Tustin, CA 92780 Business Address City, State Zip ( 714) 247-1040 Telephone Number 73909). A, B Exp 8/31./2001 State Contractor's License No. and Class 8/1.1./97 Original Date Issued 8/31/2001 Expiration Date The work site was inspected by G. Chizhik of our off ce on 9 / 1 / , 2000. The following are persons, firms, and corporations having a principal interest in this proposal: GMC ENGINEERING INC. C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. GMC ENGINEERING INC Company Name Signature of Bidder Gennady Chizhik Printed or Typed Signature Subscribed and sworn to before me this I st day of September , 2 1 SANDRA JO WINKRRY Commission # I I3N85 --: Notay PubrrC - Caffiornb los ,-,ngeies County NOTARY PUB MYCOmm.Ezp MSeato.Zol NOTARY S A Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: SEE ATTACHED 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-to GMC Engineering Inc. CONTRACTORS PROPOSAL REFERENCE LIST ADDRESS 77 Fair Drive Costa Mesa. CA Our Job # 127-99 CONTACT Tom Banks PHONE (714) 754-5222 DESCRIPTION 18th Street Parking Lot Improvements CONTRACT AMOUNT $ 231.871.00 ADDRESS 1400 Highland Avenue Manhattan Beach, CA 90266 Our Job # 104-97 CONTACT Dana Greenwood PHONE (310) 545-2621 ext 297 DESCRIPTION Marine Ave, Manhattan Beach CONTRACT AMOUNT S 289.660.93 OWNER City of Mission Viejo ADDRESS 25W9 Pala Suite 0200 Mission Viejo, CA 92691 Our Job # 117-98 CONTACT Marc Chagnon PHONE (949) 47D-3091 DESCRIPTION La Paz Widening CONTRACT AMOUNT $ 317.375 00 OWNER City of Huntington Beach PWA ADDRESS 2000 Main Street Huntington Beach, CA Our Job # 128-99 CONTACT Larry J Taite or Eric Chartonne PHONE (714) 536-5590 I (714) 536-5430 DESCRIPTION Glencoe Avenue Street Improvements CONTRACT AMOUNT $ 319.691 00 OWNER City of Tustin PWA ADDRESS 300 Centenninal Way Tustin. CA 92780 Our Job # 112-97 CONTACT Fred Page or Jerry Otterson PHONE (714) 573-3167/ (714) 573-3162 DESCRIPTION "A" Street & Mountain View Drive CONTRACT AMOUNT $ 467,632 42 OWNER City of Irvine ADDRESS One Civic Center Plaza Irvine, CA 92623-9575 Our Job # 118-98 CONTACT Ed Rozok PHONE (949) 724-7554 DESCRIPTION Yale Avenue Median Islands CONTRACT AMOUNT $ 205,362 14 OWNER City of Chino ADDRESS 13220 Central Avenue Chino, CA 91710 Our Job # 123-99 CONTACT Raja Edinsunya PHONE (909) 627-7577 x253 DESCRIPTION Pipeline, Eucalyptus. B Grand Ave CONTRACT AMOUNT $ 414.932.81 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For 5' Street Parking Plan CC-1116 August 21. 2000 Notice To All Bidders Please note the following revision to the Project Plans, Specifications, and Technical Provisions - Bid due time and location revised to September 5, 2000 at 3:00, Room B-6 This modification does not change the Engineers Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated August 21, 2000 GNIC ENGINEERING INC. 1401 WARNER AVE STE B Company NaX_80 By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal_ Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247_ AUG-25-2000 10-07 HUNTINGTON BEACH 714 374 1573 P.01i01 City of Huntington Beach Public Works Department 2000 Main Street TeL (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER T Ua For 51"Street Parkina Plan cc-1116 August 24, 2000 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: 2" Water Meter Assembly shah be constructed by contractor, per Construction Note 40 on sleet 4 of 14. City Std. 1160313" should read "603". Ignor reference to meter installation located in the Irrigation Legend on sheet 9 of 14. City will not install any pert of Water service. This modification does not change the Engineer's Estimate for this project. This is to a_�Qe � 4N� Addendum Number one, dated August 24, 2000. 1401 WARNER AVE STE B , TUSTIN, CA 92780 Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. TnTA1 P G11 gMEEPJGRt GENERAL ENGINEERING CONTRACTOR Lic. No_ 739091 CONTRACTORS DESIGNATION OF SURETIES Boding_ JRG Surety & Insurance Agency, Inc. 104 Calle Patricia Unit B San Clemente, CA 92672 (949) 498-7384 (949) 498-1467 Fax Attention: Jeffery R. Gryde Insurance: Armstrong Robitaille 680 Langsdorf Dr. #100 Fullerton, CA 92831 (714) 578-7268 (714) 578-7487 Fax Attention: Paula Thibodeau 1401 Warner Avenue, Sure B. Tustin. California 92780 • (714) 247- 1040 - Fax (71A) 247-1041 il'��.'1� .'�' dli..� i�'� .'�� .'��I� ' ' •�� I'll 1.. w l T �•��,gi,IjMM�I�I • •I IqRSr NATIONALIMRANCECO.OFAMF.RI 4333 Brooklyn hropua N& Saul•, WA 9a105 610 BOND KNOW ALL BY THESE PRESENTS, That we, GMC Engineering. Inc. of 1401 Warner Avenue, Suite B, Tustin, CA 92780 (hereinafter called the Principal), as Pr6ipa , and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, 61 Seattle, Washington, a corporation duly organized under the laws of the State of Washington so Surety, hereinafter called the Surety, are held and firmly bound unto the City of Huntington Beach (Wraimftm oalWd W Obltes) in the penal sum of Ten Percent of the Total Amount Bid --------------------------- ---------------------------------------------------------------------------------------- Dollars ($-------- 1 0% -------------- ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, Mm"tratore, successors and assigns, jointly And severally, firmly by theta presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal has submitted or in about to submit e proposal to the Obligee on a contract for the Fifth Street Parking Plan from Walnut Avenue to Orange Avenue Cash Contract No. 1116 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the aid Contract, then this obligation shall be void; otherwise to remain in full fora and offset. Signed and sealed this 29th day of August , 2000. GMC Engineering. Inc. tsea!) Principal U T. FIRST NATIONAL INSURANCE COMPANY OF AMERICA `J rfreey R. G r f e Attcrue; -i;-TZ' &320VEP W04 POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE OF ATTORNEY SEATTLE, WASHINGTON 98105 431Brtxrklyn :Acme N E Seattle, WA 9S105 No_ 9392 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a W ashinglon oorporabun. does hereby appoint ........... .................a....................•....JI_FFRLY R.CIRYOL;San Clcriwnie.CArIonj:a...a.....a..........as.a......a................ a.....a..a....• its true and lawful attomey(sHndact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a simifar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by its regularly elected officers at its home office IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has exew.ed and attested lhese presents this ?Sth R-A. PIERSON, SECRETARY CERTIFICATE day of %larch 1999 k� &4&46&(4 W. RANDALL STODDARD, PRESIDENT Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA 'Article V. Section 13 - FIDELITY AND SURETY BONDS .. the President, any Vice President, the Secretary, and any Assistant lice President appointed for that purpose by the officer In rharge of surety operatwis. shall each Crave authority to appoint individuals as attomeys-in-fact or under other appropriate lines 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 evidenong such appointment. the signatures may be affixed by facsimile On any :nstrumern corrfurnng such authority or on any borul or undertaking of the conwny, the seal, or a facsimile thereof, may be impressed or affixed or in any othr!r 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 Uhe Board of Directors of FIRST NATIONAL 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 Anicle V, Section 13 of the By -Laws, and (a) A copy of the powerof-attomey appoinlow-m. exeaited pursuant thereto, and (iii) Certifying that said powerof-attomey aptxmitrnent is in full force and effect, the signature of the Cerbtying officer may be by facs:mae. and tfhe seal of the Company may be a facsimile thereof_' I. R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA. do hereby cortily that the foregoing extracts of the By -taws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are Still in full forcer and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this SEAL 1928 . 29'h day of August R.A. PIERSON. SECRETARY W11I11 S-W49NNEF 7r98 3125l99 POF AILL-PURPOSE ACKNOWLEDGEMENT State of California County of LOS ANGELES SS_ On August 29, 2000 before me. CHRISTINE JANE FENDERSON— NOTARY— PUBLI personally appeared JEFFREY R . GRYDE >IG%r. IN i. a personally known tome - OR - CHRISTINE JANE FENDERSON Comm. f 1205912 VOTARY PURR CAMPAA YI lei Affan Cewtr Mt Conn FepFti Dr. 24.7002 "+ CxpclIxmrtldxooxtacixxxxtwl xBxAxx>xx�m=xjtxI* tgq>idKwxXto be the person(X) whose nameW is/wx subscribed to the within instrument and acknowledged to me that he/3tX* a cexecuted the same in his/k4c9XjKQcac authorized capacity0m. and that by his/hxU> K1t signaturestiO on the instrument the person(x). or the entity upon behalf of which the person(o acted. executed the instrument. WITNESS my n and official seal. ♦UTAR'. iS:G�Arl.�r: OPTIONAL INFORMATION The Information helou' Is not requ:red by tau However. It could prevent fraudulent attachment Ot this ackno+�,I- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER ..__.. ,I•l�51 r P•XRTNERISI j .\ITOR`EY-I`-Fxc,r n TRUSTEE(S) I GUARDIA—NiCONSERVATOR I i OTHER BOND rlTLE OR TYPE OF DOCUMENT `t. NiBLR OF PAGES DXCE OF DOCURIF7f . _ (MIER SIGNER IS REPRESE`TINc;: RIGHT THL MBPRINT NAME OF PFR%0\-S, OR E%r ITl-0 S. OF i SIGNER 0 APA :M) -LEY-SIERRA. 8txj-3d3-3369 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALiFORNIA County of ORANGE On _ 00 before me, SANDRA JO WINBERRY, NOTARY PUBLIC Daee Noma and riva of OCpeer {a 9 .'lane Doe. notary PvVx;1 personally appeared . _ GENNADY CHIZHIK , Name(s) of S,gnegs) personally known to me — OR — proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaciry(es), and that by SANDRA JO WINBERRY his/her/their signature(s) on the instrument the person(s), Commission # 1153985 or the entity upon behalf of which the person(s) acted, 4_1bPMY0XM.BPke$SeP1Q20D1 NotaryPubRC-California executed the instrument.Los Angeles County WITNESS my hand and official seal S of Notary Pubk OP L Though the information below is not requrred by law, rt may prove valuable to persons relying on rho document and could prevent fraudulent removal and reattachment of this form to another document_ Description of Attached Document Title or Type of Document: Document Date Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: '❑ Individual Corporate Officer Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General L1 Attomey-in-Fact G Trustee Guardian or Conservator ❑ Other: roo of ir•vrnt) here Signer Is Representing: GhfC ENGINEERING INC 1401. Wa her AVe Ste B Tustin, CA 92780 Signer's Name: o r� Number of Pages - Individual Corporate Officer Title(s): Partner — n Limited Cl General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPR)NT OF SIGNER .. of (flumn here 0 1994 NauonW Notary AasocLaeon - fS2J6 Rommel Awe. PO. Box 7154 - Canoga Park CA 91309-71 fH P,od. No 5907 Reo,ber Cali Toa-Free t $00-876-W7 e COPIES TO: Front Desk Engineer City Clerk FIFTH STREET PARKING PLAN WALNUT AVE TO ORANGE AVE CC - 1116 SEPT. 5, 2000 @ 3:00 PM (Engineer's Estimate: $262,167) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. BAXTER GRIFFIN ELECTRIC $ 2. CARLSON'S LANDSCAPING $ 3. DYNALECTRIC $ 4. E. A. MENDOZA ,L $ 3 Sol l OO 5. EXCEL PAVING CO. CONTRACTORS 3 $ 2 6. FLEMING ENVIR., INC. $ 7. ;GMC ENGINEERING, INC $ �52 t S� op 8. H.B. COVEY, INC. $ 9. HOLLAND-LOWE CONST. $ 10. J. D. C_, INC. $ 11. MADISON-PAVING CO. $ 12. MARNE CONSTRUCTION $ 13. MOORE ELECTRIC CONT. $ 14. NOBEST $ 15. PCI PAVING CONTRACTORS $ G\BID LIST 16. PREMIER CONTRACTORS $ 17. PYRAMID CONSTRUCTION $ 18. RIVERA IRRIGATION INC. $ 19. TRISTAR ENGINEERING $ 20. $ 21. $ 22. $ G\BID LIST 0 CITY OF HUNTINGTON BEACH Interoffice Communication Economic Development Department FO: Honorable Mayor and City Council VIA: Ray Silver, City Administrator FROM: David Biggs, Economic Development Director DATE: June 22, 2000 v SUBJECT. Revision to item E-5 of the June 19, 2000 City Council Agenda Regarding Approval of Plans and Specifications and Authorization for Bids for the Construction of the 51h Street Parking Plan CC-1 116 The purpose of this memo is to change the wording of Funding; Source paragraph in the Request for Council Action dated June 19, 2000 (deferred to July 5, 2000) regarding the authorization for advertisement for the construction of the 5'h Street parking Plan, CC-1116. Current Funding Source Paragraph to be Deleted Funding for this Project will come from the Economic Development Department (Unappropriated Redevelopment Fund Balance). Engineer's cost estimate is $250,000.00. At the time the award of contract is considered, an appropriation based on the contract amount will need to be made. A Fiscal Impact Statement is attached. New Funding Source Paragraph to be Used Funding for this project will come from the Economic Development Redevelopment Fund which has an existing approved appropriation of $243,000.00 for the construction of the 5'h Street Parking Plan. After bids are received and opened we will know if additional funds need to be appropriated. �- Z)6bS , ;-- ("I .DAY - Council/Agency Meeting Held: Deferre ontinued to: 1 r S- 0 Approved ❑ Conditionally Approved C1 Denied I tW Council Meeting Date: June 19, 2000 Department ID Number. ED 00-25 o_c. a z -ate A e,4 ON CITY OF HUNTI . BEACH REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE CHAIRMAN & REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: RAY SILVER, Executive Director AAY 0 PREPARED BY: DAVID BIGGS, Director of Economic Development ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: Authorize Advertisement for the Construction of the 5e` Street Parking Plan, CC-1116 Staternent of issue. Funding Source. Recommended Action, Alternative Action(sl. Analysis, Envirorxnental Status` Attachment(sj Statement of Issue: Should the Redevelopment Agency authorize the Director of Economic Development and the Director of Public Works to request bids for the construction of the 9 Street Parking Plan, CC-1116? Funding Source: Funding for this project will come from the Economic Development Department (Unappropriated Redevelopment Fund Balance). Engineers cost estimate is $250,000.00. At the time the award of contract is considered, an appropriation based on the contract amount will need to be made. A Fiscal Impact Statement is attached. Recommended Action: Motion to: 1. Approve the project plans and specifications and authorize the Director of Public Works to request bids for the 51h Street Parking Plan, CC-1116. 2. Approve the attached sample contract subject to the award to the lowest responsive/ responsible bidder and authorize the Chairman and Agency Clerk to execute an agreement in substantially the same form between the Agency and the successful bidder. Alternative Action(s): 1. Do not approve at this time and direct staff on how to proceed with the project. 2. Direct Redevelopment Agency to pay parking in -lieu fees in an amount of $375,004.00 as an alternative to this plan. This would eliminate funding for the street improvements. REQUEST FOR REDEVELOPMENT AG41NCY ACTION MEETING DATE: June 19, 2000 DEPARTMENT ID NUMBER: ED 00-25 Analysis: Public Works staff is acting as the project administrator for the Economic Development Department to reconfigure the parking along 511' Street between Walnut Avenue and Orange Avenue. The project will result in the creation of approximately 30 additional spaces through realignment of existing angled parking and infill of secondary driveways. New sidewalk, streetlights and landscape planters will also be constructed as part of this project. The improvements along the east side of 5"' Street, between Olive Avenue and Orange Avenue, were constructed as part of the Plaza Almeria Project. The 5t' Street project will bring uniformity to these two blocks. As part of the Economic Development Department's Disposition and Development Agreement with the Plaza Almeria project, the Agency is responsible to provide 18 parking spaces. These 18 spaces will be derived from the Vh Street Parking Plan project to meet a cant' -over requirement from the Town Square Project. Also, the Agency has an obligation to the Parking In -Lieu Fee Fund for the equivalent of 13.5 parking spaces for two other projects. The plan is to use 12 of the additional 30 parking spaces provided in the Fifth Street Parking Plan. If the Agency were to pay into the Parking In -Lieu Parking Fund the cost is estimated to be over $375,004 (18 spaces for Town Square and 12 spaces for two other projects). By constructing the Fifth Street Parking Plan, the Agency will be able to meet its obligation for 30 parking spaces and provide street improvements for $250,000 which is a significant savings. Environmental Status: None Attachment(s): 1. Location Map. 2. a Street Parking Plan. 3. Fiscal Impact Statement. 4. Sample Contract. 5. 1 Memo dated May 18, 2000. RCA Author. Tom Andrusky x1530 RCA 00-25 -2- WN00 2:oa PM • • ATTACHMENT #1 PROJECT L OCA Tf ON LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS • C� ATTACHMENT #2 0 U ORANGE AMD" Rm Alm LK- Q f A 1 rRaa �. Ij ,uu.a r• ` OU4f A4EMJE e w:aa WALNUT A4E�AJE - 5th STREET PARKING PLAN CITY OF HUNTINGTON BEACH a - SCALE: i•= M' CC,,76/5-Sr_H8 Dwr DEPARTMENT OF PUBLIC WORKS i • ATTACHMENT #3 • • CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To- Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-40 -- Authorize Advertisement and Appropriate Funds for the Construction of the 5"' Street Parking Plan, CC-1116. Date: May 22, 2000 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Authorize Advertisement for the construction of the 51h Street Parking Plan, CC-1116." If the City Council approves this request (total appropriation $250,000), the estimated unreserved, undesignated Redevelopment Agency Capital Projects Fund balance at September 30, 2000 will be reduced to $1,577,000. //,/"z John Reekstin, Director of Administrative Services i ATTACHMENT #4. • LA SAMPLE CONSTRUCTION CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND FOR FIFTH STREET PARKING PLAN - FROM WALNUT AVENUE TO ORANGE AVENUE THIS AGREEMENT, made and entered into this day of 2000, by and between the Redevelopment Agency of the City of Huntington Beach, a public body, corporate and politic of the State of California, hereinafter referred to as "AGENCY," and r a California , hereinafter referred to as "CONTRACTOR." WHEREAS, AGENCY has solicited bids for an AGENCY -funded project, hereinafter referred to as "PROJECT," more fully described as Fifth Street Parking Plan - from Walnut Avenue to Orange Avenue, in the City of Huntington Beach ("CITY"); and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR snail 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 ail other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or 00agreeipark;ng plan1514/00 SAMPLE 0 • discontinuance of work, except such as are herein expressly stipulated to be borne by AGENCY, 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 AGENCY and for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of AGENCY. It is agreed that the. Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement,- B. Bonds covering the work herein agreed upon; C. The AGENCY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of AGENCY and adopted by the City Council of AGENCY, and any revisions, amendments or addenda thereto; 00agreetparking piant514100 2 SAMPLE D. The 1997 edition of Standard Specifications for Public Works ;onstruction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. 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 AGENCY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. DPW shall act as the contract administrator in this matter on behalf of AGENCY. 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 AGENCY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars (S _ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 40agreelparking psan6514100 3 SAMPLE 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 from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and AGENCY 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. AGENCY 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 AGENCY 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 00agreelparking piarv&4100 4 SAMPLE 0 • 1/ -kGENCY 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 the CONTRACTOR; thereupon, AGENCY 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 AGENCY. AGENCY does not warrant that the work will be avaiiable on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the AGENCY's Counsel. 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 AGENCY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 00agree/parxinq plan/514100 5 SAMPLE 0 0 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 AGENCY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, AGENCY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of AGENCY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by AGENCY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which AGENCY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to AGENCY, as liquidated damages and not as a penalty, the sum of Dollars ($�j per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses AGENCY would sustain in the event of and by reason of such delay, and CONTRACTOR aoagree/parking plan/514100 6 SAMPLE 0( • f agrees to pay said damages herein provided, and further agrees that AGENCY 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 or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and AGENCY 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 AGENCY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to AGENCY, 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 AGENCY, 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 AGENCY 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 AGENCY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 00agreeiparking planl5/4100 7 SAMPLE 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 AGENCY. 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 00agreelparking pran1514/00 8 SAMPLE !( 0 , 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 AGENCY and the remainder, less the amount of ail previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by AGENCY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, AGENCY shall permit the substitution and 00agree%parkirg planl514100 9 SAMPLE r� deposit therewith of securities equivalent to the amount of any monies withheld by AGENCY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against AGENCY under or arising out of this Agreement. 18. INDEMNIFICATION; DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless both AGENCY and CITY, their officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of there may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of AGENCY or CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 00agree/parking piar7151a/00 10 SAMPLE 0/ •r 19. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to AGENCY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify both AGENCY and CITY, CONTRACTOR shall obtain and furnish to AGENCY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000.000. Said policy shall name both AGENCY and CITY, their officers, and employees as Additional Insureds, and shall specifically provide that any other 00agree1parking plan/5/4100 11 SAMPLE 0 0 insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary_ Under no circumstances shall said above -mentioned insurance contain a self -insured 11 retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to AGENCY certificates of insurance subject to approval of the AGENCY Counsel evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: �. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice to AGENCY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of both AGENCY and CITY by CONTRACTOR under the Agreement. AGENCY 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 both the AGENCY and CiTY, their officers and 00agreelparSung psan/SWO0 12 SAMPLE employees as Additional Insureds shall be provided to the AGENCY Counsel for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, AGENCY 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, AGENCY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, AGENCY may elect not to terminate this Agreement; in such event AGENCY may make good the deficiency in which the defautt consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to AGENCY 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 AGENCY and the surety. 25. AGENCY AND CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no AGENCY or CITY official nor any regular AGENCY or CITY employee in the work performed pursuant to this Agreement. No officer or Wagree!parking pian/5/4/00 13 SAMPLE employee of either AGENCY or 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 AGENCY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. AGENCY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not AGENCY or CITY is named in an action to enForce such stop notices. AGENCY may set off any unreimbursed cost or expense so incurred against any sung or sums owed by AGENCY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 00agreeaparking plan/514100 14 SAMPLE 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and AGENCY agree that AGENCY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, and Chapter 2.80 of the Huntington Beach Municipal Code, the AGENCY Counsel is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 042greelp3rksng ptanlS14104 15 SAMPLE •r • 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written_ CONTRACTOR: By: print name ITS: (circle one) ChairmardPresidenMce President By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: Executive Director REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic of the State of California Chairman ATTEST: Agency Clerk APPROVED AS TO FORM. - Agency Counsel g 4 i oo -1� nPtr 4r'l L7 6�' T 4- a o INITIATED AND APPROVED Director of Economic Development 00agreeiparicing planl514100 16 SAMPLE SAMPLE CONSTRUCTION CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND FOR FIFTH STREET PARKING PLAN - FROM WALNUT AVENUE TO ORANGE AVENUE TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. AGENCY AND CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30_ LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEES 15 32. ENTIRETY 16 0 Memo dated May 18, 2000 ATTACHMENT #5 CITY OF HUNTINGTON BEACH YnterOffice Communication Economic Development Department TO: Honorable Mayor and City Council VIA: Ray Silver, City Administrator FROM: David Biggs, Economic Development Director DATE: May 18.2000 SUBJECT: Fifth Street Parking Plan — from Walnut Avenue to Orange Avenue The purpose of this memo is to provide background information requested by the City Council at the April 17, 2000. Council meeting regarding the proposed Fifth Street Parking Plan for the area from Walnut Avenue to Orange Avenue and to report the current status of the project. Attached arc three memos and notes on comments received at a public meeting held on Wednesday, May 19, 1999. Below are summaries of the key points tTorn the attached documents. May 20, 1997 — Memo From Melanie Fallon, Community Development Director and Les Jones, Public Works Director Regarding Playa Almeria — Parking On Fifth Street — Video Presentation At April 21Cite Council Meeting. The Staff report analyzed the points made in the video presented at the Council meeting, which depicted negative aspects of the proposed perpendicular parking on Fifth Street adjacent to the Plaza Almeria Project. The Staff response included comments on issues related to traffic circulation, street widening, safety. staff inspections of construction and the City's future plans to extend perpendicular parking on Fifth Street. June 27, 1997 — Memo From David C. Biggs, Economic Development Director To Bob Eichblatt, City Engineer Regarding Proposed Fifth Street Parking Improvements. The memo provides background information on the Fifth Street perpendicular parking relative to Plaza Almeria and the need to meet the 18 parking space requirement regarding the Town Square project. Also, the memo requests assistance from the Public Works Department. Below is a two paragraph quote to give more detail. "John TiIlotson's project on Third Block West, Plaza Almeria, was approved by the City Council with the street parking along fifth Street being converted from diagonal parking to perpendicular parking. This allows the developer to replace the onstreet parking being removed from Main Street. "fhe Redevelopment Agency has an interest in extending this perpendicular parking plan to the west side of Fifth and to both sides of the block between Walnut and Olive avenues. Eighteen of the estimated 32-net new spaces would be used to meet the Agency's obligation in regard to the Town Square project. A solution to these 18 spaces needs to be developed and approved by the Planning Commission prior to the Plaza Almeria project proceeding since it is a Condition of Approval for Plaza Almeria." April 9, 1999 — Memo From David C.,Biggs, Economic Development Director Via Ray Silver. City Administrator To Honorable Mavor And Citv Council Members Reeardit Parking — This memo outlined the need to provide 18 parking spaces for the "Gown Square project, stated that an engineer had prepared plans for 90 degree parking, funding sources exist, property owner contacts were made and that the Economic Development Committee would be given a report on the 5 h Street Parking Plan at their April 21, 1999 Meeting. April 21. 1999 — Excerpt From Meeting Of The Economic Development Committee Meeting Held At 3:00 P.M. In The 4`h Floor Conference Room #2 — Council Members Present Were Mayor Peter Green, Mayor Pro Tem Dave Garofalo And Council Member Shirlev Dettloff. 5'h Street Improvements — Biggs Biggs reported the Redevelopment Agency has a yet unfulfilled condition of approval to provide 18 spaces prior to Plaza Almeria beingiven a Certificate of occupancy. The Plaza Almeria project has begun the conversion of 5` Street from angled parking to a new format adjacent to the project between Olive and Orange. Mayor Green asked why not angled parking and Biggs responded that it wouldn't provide the increased number of spaces needed. Required parking obligations were discussed for this area as well as related landscape ideas. Staff noted that there is no entitlement process associated with this project. The next step will be to take this plan to property owners and the tenants on 5`h Street. Council will consider a contract for costs to authorize bids and specifications for this beautification project that will ultimately save the City dollars and provide more parking. Comments Received at 51h Street parking meeting Wednesday, May 19, 1999. Some of the comments made at this meeting included the need for a change machine, additional parking would benefit the area, smaller trees would open the ocean view. A complete list can be reviewed on the attachment. Please note that all property owners and occupants were notified of this meeting. The record in the file showed that five property owners were present. There are twenty property owners and twenty businesses located on Fifth Street between Walnut Avenue and Orange Avenue. May 16, 2000 — Property Owners and Tenant Meeting The property owners and tenants on Fifth Street were given an additional opportunity to review plans on "Tuesday, May 16, 2000 from 3 p.m. to 5 p.m. at the Art Center. The property owners present were Mike Ali, Bill Gallegos and Mrs. Gallegos. They supported the project. There has been a request by two merchants (The Shed and Gotsie's Bead Shop) to have a change machine installed on Fifth Street so that those visitors that need quarters for the parking meters would not come to businesses for change. Staff will be discussing this matter with Ron Hagan, Community Services Director. The change machine is a separate item and will not be included in the construction contract. The cost for installation of a change machine is estimated to be under $2,000. May 17, 2000 — Public Works Commission Review The Public Works Commission reviewed the project and recommended in favor of proceeding to request bids for construction. The Current Action Plan as of May 18, 2000 1. Request City Council authorization to go to bid at the June 19, 2000 City Council meeting, 2. Award the bid in August 2000, 3. Begin Construction in September 2000 after Labor Day, and 4. Complete Construction by December 1, 2000. The estimated cost of the project, including contingencies, is $250,000. The financing will be provided from Redevelopment Funds. The project will provide 114 parking spaces which is 30 more spaces than the 84 spaces that currently exist between Walnut and Olive on Fifth Street. The project includes new curb, gutter, sidewalk, landscaping and restriping to provide perpendicular parking. The current plan calls for the closing of three driveways on properties that have alternate access. Staff has met with two of the three property owners that have access closures and they have no objection to the closures because they have alternate access available. The third owner that has a proposed access closure does not have a listed phone number, has not responded to our invitation to meet and we have sent him a certified letter. A return receipt has been received, but we have not had any direct communication from this owner. cc: Bob Beardsley, Director of Public Works Ron Hagan, Director of Community Services I ioward Zelefsky, Director of Planning `Dodd Broussard, Public Works, Engineer Tom Brohard, Public Works, Traffic Engineer Chuck Davis, Public Works, Landscape Steve Benson, Community Services, Parking Jane James, Planning Herb Fauland, Planning Lt. Tony Sollecito, Police Dan Madrigal, Fire, Deputy Fire Marshal Tom Andrusky, Economic Development Attachments Memo from Melanie Fallon to Michael T. Uberuaga, May 20, 1997 Memo from David Biggs to Bob Fichblatt, June 27, 1997 Memo from David Biggs to Mayor and City Council Via Ray Silver, April 9, 1999 Comments Received at a Public Meeting on Fifth Street Parking, May 19, 1999 1 . - l'•JC 'e • d. 5I c:., Pa„ b2Lk;;re.•r10 ter' I ,•'� � • CITY OF HUNTINGTON BEACH RECEIVED INTER -DEPARTMENT COMMUNICATION MAY ? ; 1997 H V al mr,10% 84 kf H DEPARTMENT OF ECONOMIC DEVELOPMENT TO: Michael T. Uberuaga, City Administrator FROM Melanie S_ Fallon, Community Development Direc or Les M. Jones, II, Public Works Director p— SUB.TECT: Plaza Almeria - Parking on Fifth Street Video Presentation at April 21, City Council Meeting DATE: ,May 20, 1997 As you are aware, the City Council approved the mixed use Plaza Almeria project on appeal at the City Council meeting on April 7, 1997. Part of the approval action included a plan to remove parking stalls along Main Street. In an effort to maintain the same number of on -street parking spaces around the vicinity of the site, the City Council approved the restriping of the east side of Fifth Street with 90 degree parking spaces. A videotape presentation regarding the proposed restriping of Fifth Street parking stalls was made to the City Council on April 21, 1997. The videotape depicted a vehicle in the process of parking on the east side of Fifth Street, adjacent to the Plaza Almeria project, in a simulated 90 degree parking stall. The video raised the following concerns with the proposed parking layout on Fifth Street: • It is difficult to pull out from a 90 degree parking stall when the vehicle in the next stall is too large. The video showed a Volvo backing out with a Suburban parked in the next stall. • The proposed plan for 90 degree parking on one side of the street will turn Fifth Street into a parking lot. • The videotape shows the vehicles crossing the center line when backing out. • The proposed parking plan is unsafe because maneuvering will block traffic in both directions. Michael T. Uberuaga May 20, 1997 Page Two • The video first depicted I 1 feet, 5 inches between vehicles and showed that parking could be accomplished easily. The vehicles were then moved closer together with only 9 feet between them and the video demonstrated that a Suburban had difficulty maneuvering between the parked cars. • The proposed parking plan will damage do,�.mtown circulation. The proposed parking plan may prohibit any future plan to convert the first tltree blocks of downtown into a pedestrian mall since circulation on the perimeter will not be adequate. Staff offers the following comments regarding the concerns raised in the videotape: • The proposed restriping of Fifth Street for 90 degree parking adjacent to Plaza Almeria with existing angled parking to remain on the west side of the street is intentional. Staff has analyzed the proposed request and has determined that it would be preferable to design the on -street parking to function more like a parking court than a through street. The proposed design is intentional to change the character of the area from a street to a parking court. The curb lines at both Olive and Orange Avenues will be widened by 2 feet from the present configuration, decorative pavers at both Olive and Orange Avenues will be provided, and the centerline stripe will not be replaced at the conclusion of the street improvements. All of these design mechanisms serve as a visual cue to drivers that they are entering a new area that is not intended to function like a street. It is important to note that public traffic will still be allowed on fifth street. Traffic Engineering staffhas reviewed the proposal and has concluded that since fifth Street is currently not a heavily traveled thoroughfare, parking maneuvers can continue to be safely made with 90 degree parking on one side. Ultimately, the City will likely pursue restriping all three blocks of Fifth Street in a similar fashion to gain additional public parking spaces. Although the commentators in the video stated that Fifth Street is heavily traveled, the video depicted the demonstration vehicles backing up the length of the street and making U-turns in the middle of the road. There were no passing vehicles that were forced to wait while the demonstration vehicles were pulling into and out of the simulated parking spaces. Staff believes the video did an adequate job of demonstrating the lack of traffic on Fifth Street. Traffic counts may be taken on Fifth Street between Olive and Orange Avenues should the City Council desire this information. (0 5971mI) Michael T. Uberuaga May 20, 1997 Page Three • The video presentation did not take into account that the existing curb line will be moved two feet cast concurrent with the improvements associated with Plaza Almeria. Thus, an additional two feet of maneuvering space will be provided than currently exists on the street. UItimately, if the opposite side of Fifth Street is reconstructed for 90 degree parking stalls, the curb line will be moved an additional two feet west for the ultimate back-up space (referred to as a drive aisle) of 26 feet. This configuration is identical to all commercial and industrial parking lots throughout the City. Staff agrees that it can be difficult to see when backing out of a parking space with an oversized vehicle in the adjacent stall. This situation exists in all parking situations throughout the City and oversize vehicles will create a visibility problem whether or not the parking stalls are angled or are 90 degree stalls. The video depicted a flawed method of measuring parking stall size_ A standard parking stall size is 9 feet wide; however, it is measured from the center of the stall paint stripe to the center of the opposite stall paint stripe. The video showed the two vehicles placed exactly 9 feet apart when in reality, a vehicle parked in the center of a 9 foot wide stall typically yields between 1 - I and 1/2 feet of maneuvering space on each side of the vehicle. This point can be further illustrated by the fact that the California Vehicle Code limits the maximum width of a vehicle to eight (8) feet, six (6) inches (CVC Section 35100) otherwise special operational licensing must be obtained. It should be noted that the City of Huntington Beach Municipal Code Section 10.44.060 discusses time related Parking restrictions for any vehicle wider than eight (8) feet. "Those vehicles are generally considered commercial vehicles while almost all other vehicles are considered passenger vehicles. Thus the typical passenger vehicle as well as Suburban type utility vehicles are no more than 8 feet wide and can easily be accommodated with room to spare in a 9 foot wide stall. The video demonstration did not accurately depict parked vehicles in a 9 foot wide stall. Fifth Street is not a vital part of the downtown circulation pattern. It is three blocks long and without signalized access to Pacific Coast Highway. It is not shown as an arterial highway on the Orange County Master Plan of Arterial Highways or the current City Circulation Element, and it is not currently heavily traveled. Should the first three blocks of Main Street ever be converted to a pedestrian mall it is anticipated that the traffic circulation pattern would be focused on Lake and 6th Streets as opposed to 3rd and Fifth Streets. In addition, if the ultimate plan to restripe all of fifth Street to 90 degree parking (g_597jm1) Michael T. Uberuaga May 20, 1997 Page four is realized, a greater base of parking will be provided in the immediate vicinity to support the core of commercial uses in any future pedestrian mall. Therefore, staff does not anticipate a disruption to the downtown circulation pattern. Staff will verify that the proposed design of the 90 degree parking on Fifth Street is carved out and constructed accurately by conducting a thorough review of the street improvement plans and by inspections of all stages of improvements including curb placement and stall striping. cc: 1Jonorable Mayor and City Councilmernbers David Biggs, Economic Development Director Robert Eichblatt, City Engineer Jim Otterson, City Traffic Engineer Howard Zelefsky, Plan -ruing Director Herb Fauland, Senior Planner David Webb, Principal Cival Engineer Stephen Kohler, Project Manager Jane Madera, Associate Planner John H. Tillotson, JT Development (g-597jm I) 0 CITY OF HUNTINGTON BEACH InterOffice Communication Economic Development Department TO: Bob Eichblatt, City Engineer I -ROM: David C. Biggs, Director of Economic Development DATE: June 27, 1997 SUBJECT` ProJ)osed Fifth Street Parking Improvements John Tillotson's project on Third Block Nest, Plaza Almeria, was approved by the City Council with the street parking along Fifth Street being converted from diagonal parking to perpendicular parking. This allows the developer to replace the onstreet parking being removed from Main Street The Redevelopment Agency has an interest in extending this perpendicular parking plan to the west side of Fifth and to both sides of the block between Walnut and Olive avenues. Eighteen of the estimated 32-net new spaces would be used to meet the Agency's obligation in regard to the Town Square project A solution to these 18 spaces needs to be developed and approved by the Planning Commission prior to the Plaza Almeria project proceeding since it is a Condition of Approval for Plaza Almeria. John Tillotson's engineering firm has completed a conceptual plan which extends this parking plan to the additional blocks This has been provided to the City both as a hard copy and on disk. Jim Otterson has reviewed the conceptual plan and has the disk in his possession - Recently, I met with Herb I=auland and Bruce Gilmer to discuss moving this project forward. The next step will be to take this plan to the City's Parking Committee for a technical review. Hopefully, this will occur before the end of July. Following this review, it is our plan to meet with the property owners in the area to get their comments The purpose of this memorandum is to request your assistance in upgrading the current conceptual plan to allow for case of review. Is it possible to use the City's GIS system to add the following to the plan. • • 1. Show property lines 2. Shaw building frant autlincs. 3. Show utilities (above ground and underground) water meters, gas meters, and existing light standards. If the GIS system can not provide this or the current workload will preclude a timely response, can you assist us in identifying an engineering firm with which we can contract to have the work done Alternatively, do you have any objections to using the Plaza Almeria engineering firm to do the work? Please let me know how you would like us to proceed in this matter_ Thank you in advance for your assistance_ DCB:Is xc: Ray Silver, Assistant City Administrator Les 3ones, Nblic Works DiTeCtOT Melanie Fallon, Community Development Director Herb Fauland, Senior Planner Stephen Kohler, Project Manager Bruce Gilmer, Traffic Engineer Assoc. (g_dcb:memos-gis) _J�m CITY OF HUNTINGTON BEACH Le" INTER -DEPARTMENT COMMUNICATION „UN1ING10w Iucm DATE: April 9, 1999 TO: Honorable Mayor and City Council Members FROM: David C. Biggs, Director of Economic Development VIA: Ray Silver, City Administrator SUBJECT: 5m Street Parking— 2"d & 3rd Blocks With the approval of the Town Square Conditional Use Permit in 1987, the Agency accepted responsibility for the provision of eighteen parking spaces required for the commercial space that could not be provided on -site. During the initial negotiation of the Disposition and Development Agreement for the Third Block West project (now Plaza Almeria) in 1990, the Agency agreed to purchase the additional spaces in the project's underground garage. Plaza. Almeria was subsequently delayed by litigation and redesigned and as part of this process, a more economical solution to provision of the required parking was sought. However, there still remains a condition of approval for the Redevelopment Agency to provide 18 spaces prior to Plaza Almeria being given a certificate of occupancy. The Plaza Almeria project has begun the conversion of 5th Street from angled parking to a new format adjacent to the project between Olive and Orange. Staff has had an engineer prepare plans to continue this 90 degree parking concept on both sides of 5"' Street in the second block and on the west side of the third block. This plan increases the parking yield from the current 68 spaces in an angled arrangement, to 123 spaces configured at 90 degrees to the curb. Even with the 55 space increased parking count planter fingers have been provided that will accommodate canopy trees to create an atmosphere of a parking court instead of a street right of way. Three driveways serving adjacent properties will be closed to implement the plan, but the affected property owners have alternative access and each has been consulted about the plan. Staff believes that this is the most expeditious and economical way to meet the Agency's contractual obligation to the Plaza Almeria project parking requirements. In addition the project will generate -an additional 37 on street parking spaces. Existing funds in the Parking In -Lieu Fund and redevelopment funds may be used to construct these improvements. Staff will be requesting the development of construction drawings and solicitation of bids in the near term. The improvement plans will be presented to the EDC at its meeting of April 215'_ 1 hope that this information will be useful in understanding the Agency's obligations for downtown parking. If you have questions, please call me at 536. 5909. xc: Melanie Fallon, Assistant City Administrator Robert Beardsley, Director of Public Works Howard Zelefsky. Planning Director Bob Eichblatt, City Engineer Gus Duran, Housing & Redevelopment Manager Stephen V. Kohler, Project Manager • COMMENTS RECEIVED 5"" STREET PARKING MEETING WEDNESDAY 19 MAY 1999 1:00 P.M. - 3:00 P.M. Andy Stupin • All new sidewalks if done • Small trees to avoid blocking ocean vie%l,- • Nlay not benefit 5"' Street owners 13111 Gallegos • Parkin is empty during week • Just means more people want quarters and use: restrooms • !+1:ty not benefit property owners Marla at Gotsic's 207 5"' Street • Change machine needed • Parking cost too high at 25 cents for 10 minutes (she validates for garage) • 1-xtra spaces %vould be of benefit • I3usiness better on Fridays since produce moved to l' block Pristine Motorsports • Planter in front? Ok • Has talked to owner - plan ok Mrs. Gallegos • Wants nev,' sidewalks • Wants bumps to deter skate boarders • Police substation is a lounge • Wants change machine in front of substation G:'itcphCn/Projcctslparktnn„n 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development/Public Works SUBJECT: Authorize Advertisement for the Construction of the 5th Street Parking Plan, CC-1116 COUNCIL MEETING DATE.q June 19, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable ContracVAgreement (wlexhibits if applicable) (Signed in NY by the City Attorne Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable FindingslConditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: JUCITY OF HUNTINGTON BEACH O INTER-DEPARTMENT COMMUNICATION HW.TINLTON JtA[H Connie Brockway, City Clerk Office of the City Clerk Liz Ehnng, Deputy City Clerk 11 Date: 8 _ Meeting Date: 1�� _ Agenda [tcm:d PcQpQsed City Council Agenda_ltems: The City Clerk's Office/City Administrators Office must return your agenda item due to the following requirements that have not been met. Whea/v utr ;agenda item is ready to resubmit, please return to: Elaine Kuhnke, Management Assistant, Admm ration I Signature(s) Needed , A On RCA o B On Agreement C Other 2- Attachments f i" A Missing B Not identified C Other 4 3_ Exhibits A Missing B Not identified C; Other 4_ Insurance Certificate (Pr of Of Insurance) A Not attached B Not approved by Cit Attorneys Office C Signed form notifyi City Clerk that department will be responsible for ohtaining insurance cenificate on this item. (See Corm attached) 5. Wording Can Request For Council Action (RCA) unclear A Recommended Action on RCA not complete 11 Clarification needed on RCA C Other d 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No- a- Otherr G Fpa+aAen,surcafine FOE' CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HVNIiNGYON BEACH Connie Brockway, City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk 11 Date. to k 4 ._.__. _ Meeting Date- fRV_Q Agenda Item Proposed City Council Agenda Items: The Cite Clerk's Office/City Administrator's Office must return vour agenda item due to the following requirements that have not been met. When your :'agenda Item is ready to resubmit, please return tO: Elaine Kuhnke, Management Assistant, Administration 1. 1 Signature(s) Needed A On RCA l3 On Agreement C Other r� 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing 13 Not identified C Other 4. Insurance Certiftcatt (Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be respunsiblc for obtaining insurance ccr ificate on this item. (Sec firm anached) 5. Wording On Request For Council Action (RCA) Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7_ Agreement Heeds To Be Changed A Pace No. 8. 101her v�G � C G hp"Wfn13UrG3!0rm