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HomeMy WebLinkAboutHondo Company Inc. - 1994-06-06AM NSECTION A OTICE INVITING SEALED BIDS for the �UNTINGTON BEACtr HIGH SCHOOL_ F-STADIUM ENTRY FUBL[C NO] C , N'8L1'C NOTICES AND SKATEBOARD to the Mard of contracf. - FACILITY CASH N '1 shall be consid- CONTRACT No. 886 era less it 'is prepared In the on 1Hrapproved Proposal CITY OF forms in conformance with HUNTINGTON BEACH the Instructions tf Bidders. PUBLIC : NOTICE ' IS The bid 6y -a ae i e- HEREBY GIVEN `ttiat the check, cashier's a certified CITY OF HONTINGTON check, Cashier's check, or BEACH, as AGENCY, in- bidder's bond made pay- able to the AGENCY for an vices sealed bids .for the amount no less than 10% above -stated project", and of the amount bid. will receive such bids in The successful bidder the office_ of the City Clerk, shall be ' Ifcensed in ac- Second Floor,-2000 Main cordarce with provisions o1 Street, Huntington Beach, the Business and d Proles. California 92648, up to the sions Code and shall pos- hour of 2:00 p.m. on APRIL sess a State and. 5, 1994. Bids will be pub. Licerise Class at the time licly open in the Council this contract is awarded. Chambers unless _other- The successful Contractor wise posted. - and his subcontractors will Copies of the PI_ans, be required 'to -possess Specifications, and con- business licenses from the tract documents are' -avail- AGENCY: -' �' - _ -- able from the "Office of the The AGENCY reserves the Director of Public Voiks, right to reject and ot"all 2000 Main Street, Hunling- bids, to vvaive any irregular - ton Beach, CA 92648, upon ity and to take all bids payment of a $20.00 nonre. under advisement_ for a fundable fee if picked up, mminii r period of fi0 or payment of a $25.00 days. nonrefundable fee if BY'OiiDER"of"tbe mailed. CITY COUNCIL -of the Any contract entered into CITY OF HUNTiNGTON pursuant to this notice wis BEACH incorporate -the -provisions r. CALIFORNIA, of the State Labor Code. the 21st clay of MARCH Pursuant. to the provisions 1994. of the Labor Code of the Attest: Connie Brock - State of California, the min- way, CITY CLERK 'OF imum prevailing rate of per THE CITY OF HUN. diem wages -for -each craft, TINGTON BEACH classification___or_. type- of workman needed_.to ex- Published Huntington ecute the contract shalr_ be Beach•Fountam Valley In. those determined by the dependent March 26, 31„ Director of Industrial Rela- April 2, 1994_ 1 tons of the State of Califor- 034s782 ni h' h o e f-i l th a, w is r an e a e Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. THE AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the pro- visions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby 'af. firmatively ensures that mi. nority business enterprises will be afforded full op- 1p4rtunify 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 HUNTINGTON BEACH • FOUNTAIN V Independelin THE NEWPORT BEACH -COSTA MESA PILOT Dear Advertisers: ft ' Client Reference # ,�` Independent Reference #(]his 7�L Enclosed please find clip ing f your ad from the first publication, beginning If you need any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ "010. Thanks for your cooperation and patronage. Sincerely, Gudy ittingg Manager Legal Advertising Manager 330 West Bay Street, Costa Mesa, CA 92627 (714) 642-4321 FAX (714) 631-5902 &i /M&ca. 0J• i4' CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: . ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT - CC '03(P S- 3c3 -5 S DATE: The conformed copy of the Notice of Completion for the above contract has been filed: The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. VILLELLA, Director of Finance I certify that no stop notices are on file on the subject ime. Date: �^ Ix JONES, ubli Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: /oAi" (ZCZ�i� CONNIE BROCKWAY, Cit Jerk I certify that there are no outstanding invoices on file. Date: DON WATSON, City Treasurer 0011042.01 03/14/95 12:57 PM • -;jC # 95-0171572 1 APR-1995 11:08 AM RECORDING REQUESTED BY WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION Recorded in Official Records of Grange County, California Garr L. Granville, Clerk -Recorder Page I of I Fees: S G.C.A. Tax: S 0.0; NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner i$*Iee, 2000 Main Stft Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of thty of Huntington Beach, California to HONDO COMPANY INC. who was the company thereon for doing the following work to -wit: HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY PROJECT, CC-886 INTEREST: Easement That said work was completed March 6,1995 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, March 6,1995. R That upon said contract Great American Insurance Company was surety for the bond given by the said company as required by law. 8 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 19th day of April,1995. City Clerk and ex-officio Clerf of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 19th day of April,1995.. /91 City Clerk and ex-officio Cldk of the City Council of the City of Huntington Beach, California JONFORMED COPY Not Compared with Original WHEN RECORDED MAIL TO: THE ORIGINAL OF THIS DOCUMENT CITY OF HUNTINGTON BEACH WAS F—CORDED C0 25-APR-199v, Office of the City Clerk DOCUMENT NUMBER T`-4171G72a P. O. Box 190 GARY L. GRANVILLE, CLEIRK RECOi;ER Huntington Beach, CA 92648 GRANGE COUNTY CLER -",E�' � ,f!EI;' � F iCE 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 HONDO COMPANY INC. who was the company thereon for doing the following work to -wit: HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY PROJECT, CC-886 INTEREST: Easement That said work was completed March 6, 1995 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, March 6, 1995. That upon said contract Great American Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 19th day of April, 1995. City Clerk and ex-officio Cler 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-offici Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 19th day of April, 1995.. City Clerk and ex-officio Cl k of the City Council of the City of Huntington Beach, California g:cc\nscplgs APR 27 '95 10:59 HONDO CO 714 4340215 P.2/3 ngineertxg Gonftaors 2121 South Lyon Strut 4J PANY INC. Santa Anal CA 92705 ,714,1434.0104 FAX 714,434-0215 DECLARATION OF SATISFACTION OF CLAIMS We, rondo Company -Inc., state: 1: We are the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Huntington Beach Hi i1 School Stadium EntrX and,,Skateboard Facility ity Project No. - and dated', June ; 1994. 2-. All workers and person 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, which have been filed under the provisions of the 'statutes of the State of California. NONE I declare under penalty of perjury that the foregoing is true anal. ,correct. Executed at Santa Ana, California April, 1995. thiV 20 day of ert At.lpyd, /,secretary Treasurer HHK 37 '95 11:00 HONDO CO 714 4340Z15 P.3/3 April 20, 1995 City of --Huntington Beach Department of Public Works P.O. Bolt 190 _ Huntirig'ton Beach, CA 92648 -Subject: Certification of Comp1ian4e with Title VII of the Civil'Rights Ac't and Equal Employment Opportunity, Act of 1972 Gentlemen: �neeri�g ��r►-a�tors M Smth Lyon Street Santa Ana, CA 9Z705 714/434-0104 FAX 714/434 -OM The undersigned, contractor on Pro4ect,No. CC-886-Huntin ton Beach High School .Stadium Entry an .S ate oar - aci t ereby � certifies that alaborers, mechanics; ap prentices, trainees, watchmen and guards employed by him or by -any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed,to the classi.fi,cations .set forth 'in the contract or training pT ' , Provisions aPP die�tIe' to the wage rate paid. ,/ ert5gcretary Treasurer M CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 19, 1995 Gary L. Granville, County Clerk -Recorder P. 0. Box 23 8 Santa Ana, CA 92702 Dear Sir: 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. 0. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, Connie Brockway City Clerk CB -cc Enclosures g=%nsvplltr (Telephone: 714.536-5227 ) WHEN RECORDED MAIL TO: CITY OF H NTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to HONDO COMPANY INC. who was the company thereon for doing the following work to-vdt: HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY PROJECT, CC-886 INTEREST: Easement That said work was completed March 6, 1995 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, March 6, 1995. That upon said contract Great American Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 19th day of April,1995. City Clerk and ex -off cio Clem of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNI M BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 19th clay of April,1995.. City Clerk and ex-officio CIA of the City Council of the City of Huntington Beach, California $T cv-pigs Council/Agency Meeting Held: S '�" q S Deferred/Continued to: Approved Cl Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: March 6, 1995 Department ID Number: 94-04 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: Ron Hagan, Director of Community Services Les M. Jones II, Director of Public Works � SUBJECT: HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY, CC- 886; NOTICE OF COMPLETION Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) Statement of Issue: Hondo Company, has successfully completed the Construction of the Huntington Beach High School Stadium Entry and Skateboard Facility Project. Funding Source: $145,000 was available in Fiscal Account No. E-SK-CS-719-6-39-00 ( Huntington Beach High School Stadium Entry and Skateboard Area Improvements). The Huntington Beach Union High School District contributed $70,000 prior to the commence of the construction to the project account. Recommended Action: 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion for the Huntington Beach High School Stadium Entry and Skateboard Facility Project, CC- 886. Alternative Action(s): None REQUEST FOR COUNCIL ACT�N MEETING DATE: March 6, 1995 Analysis: DEPARTMENT ID NUMBER: On June 6, 1994, Council awarded a construction contract to Hondo Company for the Huntington Beach High School Stadium Entry and Skateboard Entry Project. The construction of all improvements are now complete per the approved plans and specifications; therefore, the Director of Public Works recommends acceptance of the project and requests that the City Clerk file the Notice of Completion. The following is a summary of the contract costs: Council Approved Actual Expenditures Contract Amount $192,730.98 *$195,805.78 Construction Change Orders $19,270.00 **$7,867.40 Supplemental Expenses $2,999.22 ***$11,326.82 Total $215,000.00 $215,000.00 * Quantities for tree removals; the 42'' high and 8' high steel railings were greater than anticipated. ** Change orders include installing (6) trees supplied by the High School District, sleeves for school supplied handrails, installing (2) electrical pull boxes, cost of rescheduling the construction process to allow for the opening of football season, and removal and replacement of AC to match existing. *** Estimated supplemental expenses include the purchase of ticket booths requested by the School District and soils testing. None 0010499.01 -2- 02/21/95 6:23 PM .1 U v RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: HBHS Stadium Entry and Skateboard Facility, CC-886, Notice of Completion COUNCIL MEETING DATE: March 6, 1995 RGAATTACHMENTS 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 bZ the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attom-j 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 ATTACHMENT EXPLANATION POR RETURN OF'ITEM REQUEST FOR CITY COUNCIL ACTION Date: June 6, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator �D �� �1��� Prepared by: Ron Hagan, Director of Community Services 62&-Louis F. Sandoval, Director of Public Works u c C x Subject: HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY & SKATEBOARD FACILITY; CC-886 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommended Action, Analysis, Environmental Status, Funding Source, Alternative Action, Attachments: tea,/' STATEMENT OF ISSUE: Bids for the Huntington Beach High School Stadium Entry and Skateboard Facility were received and opened on April 5, 1994. RECOMMENDED ACTION: 1. Approve the low bid submitted by Hondo Company for the Huntington Beach High School Stadium Entry and Skateboard Facility, CC-886; and 2. Authorize the Director of Public Works to expend $215,000 to cover contract costs of $192,730.78, anticipated construction Change Orders of $19,270, and supplemental expenditures of $2,999.22. ANALYSIS: On January 18, 1994, Council approved the plans and specifications for the construction of the Stadium Entry and Skateboard Facility at the Huntington Beach High School and authorized the Director of Public Works to solicit bids for construction. Bids were received and opened on February 15, 1994. However, on March 21, 1994, Council rejected all bids and approved a redesign and re -bid of the project. On April 5, 1994, bids again were received and opened. They are summarized below: Contractor Base Bid Additive Alternate Total Bid 1. Hondo Company $ 192,730.78 $ 6,336.00 $ 199,066.78 2. -Bo Park Enterprises $ 193,024.78 $ 6,336.00 $ 199,360.78 -3. U3 ited Builders $ 193,346.90 $ 7,603.20 $ 200,950.10 4. CiAl Works $ 197,506.30 $25,344.00 $ 222,850.30 5. Gillespie Construction $ 198,995.35 $ 6,969.60 $ 205,964.95 6. Damon Construction $ 256,984.05 $ 6,969.60 $ 263,953.65 40 HBHS Skateboard; CC-886 June 6, 1994 Page 2 The only additive alternate included in this project was for the installation of sod in place of hydroseeding. Staff has met with the school district and the architect to review the bids and to determine the reasons the project has continually been bid higher than the estimate. The final determination is stated in the attached letter from Purkiss Rose, RSI, the architect, that the cost overruns are due to the inadequacy of the information provided by the school district regarding as -built plans. Specifically, the electrical service and related demolition are consistently, across all bidders, approximately $ 20,000 over the estimate. This indicates that the bidders are being cautious in their bidding of the unknown. In addition, when the project was re -bid, the ticket booths were removed from the project. Unfortunately, this did not help in reducing the base bid to within the estimated amount. Staff is, therefore recommending that additional funds be encumbered to complete the entire project including the ticket booths. Based upon an award of a contract to Hondo Company, the cost of the project would be as follows: Contract Amount $192,730.78 *Project Change Orders $ 19,270.00 **Project Supplementals $ 2,999.22 TOTAL $215,000.00 Standard 10% administrative Change Order limit (not to exceed $50,000) per City Council Resolution Number 4896. Examples of possible Change Orders include changes in field conditions, unavailable materials, errors in the plans, and changed city requirements. * * Examples of supplementals include soil testing, city services, etc. FUNDING SOURCE: $145,000 is available in Fiscal Account No. E-SK-CS-719-6-39-00 (Huntington Beach High School Stadium Entry and Skateboard Area Improvements). The Huntington Beach Union High School District and the City will share the cost. The City's contribution is $145,000, with the district contributing $70,000. The school district will provide its share of the funding after the contract is awarded, but before construction commences. ALTERNATIVE ACTION: 1. Deny award of contract to Hondo Company and select one of the other bidders. 2. Reject all bids and forego the construction of these improvements. ATTACHMENTS: Letter from Purkiss Rose dated May 3, 1994 MTU:LFS:RH:gd 8861bapv.doc 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 28, 1994 Hondo Company Inc. 2121 S. Lyon Santa Ana, CA 92705 CALIFORNIA 92648 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned_to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5441. Sincerely, I 0�01 - ��'i'!'LGli" V11 Connie Brockway, CMC City Clerk CB:cc Enclosure: Cash Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance g:cc?cashcon (Telephone: 714-536-5227) m CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HONDO COMPANY, INC. FOR CONSTRUCTION OF HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY (CC-886) 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 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HONDO COMPANY, INC. FOR CONSTRUCTION OF HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY (CC-886) THIS AGREEMENT, made and entered into this 28th day of JUNE , 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and HONDO COMPANY, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as construction of Huntington Beach High School stadium entry and skateboard facility (CC -886). in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 614092(hondo106113194 MW A Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 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; 2 6140921hondol06113194 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as 'if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Ninety Two Thousand Seven Hundred Thirty One Dollars ($192,731), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred thirty five (135) consecutive calendar 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. 3 6/4092/hondo/06/13/94 V" CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing_ Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 4 614092(hondo106113194 Q 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees at[ work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 5 6140921hondo10619 5194 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working days delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 6 &4092Jhondo/06113194 M required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 614092Ihondo106/13194 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities fisted in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more: than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 614092Ihondo106113194 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including 9 6/4092/hondo/06/13/94 MW 0 those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional 10 6140921hon d o106113194 0 Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND 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 11 614092Jhondol06113194 M Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not 12 614092Jh o n d o106113194 U M CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 61409Monda/o611X94 31. 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. HONDO CO By: , President , Secretary/Treasurer ATT� G i i,� . ,. _ City Clerk CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVEDAS TO FORM: 5/S) / I III City Attomey Director oflPublic Works 6/4092/hondo/06/13/94 14 041e5/1994 16:33 310-595-3682 B_HIVnDMCIVIL WORK CO PAGE 01 Civil Works Corp. Gcncrit Enginctring IS B-wilding Contractors - Lic. OW315 FAX COVER SHEET To- 1 Cornpaoy Naive TI- t w i'_�1 �j6 f -_ i Fax Number , �71_ �-3.'r� r IS 5 1 - 0 C From: - /3 G� t Desenplion.- Number o/pages r'ncludV the corer.. Date sent Trme sent : �?'' 1-•— If there arc any problems rec:civing this tram;mission , PICase give us c;all- ?.' I I N Si ,14iLV), 1 o;ig i;uach. CA Plwiw (310) 59540':;2 Fax: (' 10) 595-9682 04/e5/1994 16:33 310-595-9E82 B-HIVEXCIVIL. WORK CO PAGE 02 BY LAWS FOR CAVIL WORKS CORPORATIO14 014E: The name of this corporation is CIVIL WORRS CORPORATION. TWO: The address of the Corporation is : 2321 E. 2€th St. #400 Signal Hill, CA 90806 THREE: The initial Directors for the corporation are : Suhail Kharouba - President and Financial Controller Nabil Shehade - V.F. and Secretary FOUR: Either of the President or the Vice President has the authority to sign contracts on behalf of the corporation and such signature shall be binding on the corporation as if signed by both DireCtors. FIVE: Either of the directors has the full authority to open Bank accounts and to sign solely on such accounts including but not limited to withdrawal of funds, signing checks _..etc. with the bank of the directors choice, as deemed needed for the Corporation business. IN WIT14ESS WHEREOF, the undersigned, being all the persons named above as initial Directors for Civil Works Corporation, have executed tr.ese, BY -laws. Which execution is their act and deed. Dated: 2/23/1993 - C Suhail Kharc>uba------------ F-L 1�abi1 5he':ade�---- -- on 10M 04105/1994 16:33 310-595-9682 B_HIVEwCIVIL WORK CO ARTICLES OF INCORPORATION OF CIVIL WORKS CORPORATION PAGE a3 ENDDRS50 FIL.F-0 Into00#W Smetc .Qfa R F EU, Sew► ONE: Tlfe name of this corporation is CIVIL WORKS CORPORATION. _.. TWO: 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 La.1 of California other than the banking business, the trust company busirle:,s or the practice of a profession permitted to be incorporated t)y t hr, Cal i fory i i) Corporations Code- THREE- The name and address in this state of the corporation's initial agent. 5„r service of process is: Suhail Kharouba 2057 Conguista Avenue Long Beach, CA 90815 FOUR: This corporation is authorized to issue only one class of shares of stock which shall be designated common stock. The total number of shares it is authorized to issue is One Thousand (1,000) Shares. FIVE: The names and addresses of the persons who are appointed to act as the initial directors of this corporation are: Fume Address 1. Suflail Kharouba 2057 Conquista Avenue, Long Beach, CA 90815 2. Nabil 5hehade 19 W amesa East, Irvine, CA 92720 IN WITNESS '.dllEREOF, the undersigned, being all the persons named above as the initial directors, have executed these Articles of Incorporation. 9 Suhat-7na-rr�U aoi i mvaae e4I05l1994 16:33 310-595-9682 S_HIVExCIVIL WORK CO PAGE 04 The undersigned, being all the persons named above as the initial directors, declare that they are the persons who executed the foregoing Articles of incorcoration, which execution is their act and deed. Su ai Kharo a N—a-bil Shehade EWA MRY 23 194 09 : 17 < I SS/ROSE/RS I Nai 021 P02 May 0, 1994 Randy Huttenberger Public Works Department 2000 Main Street P.O. Dox 190 Huntington Beach, -CA 92648 Subject. Huntington Beach High School Stadium Entry & Skateboard Facility Dear handy: I am disappointed that the results of the re -bid for the High School Entry and Skateboard Facility did not bring the cost within budget. I have had the opportunity to review the bid breakdown of the six bidders to analyze the difference between our construction cost estimate and their submitted bids. During the bidding phase we gat numerous questions about the Adequacy of the electrical source for the new lighting and locations of any existing underground utilities and drainage devices within the demolition areas. The existing improvements in this area are very old and there are no "as -built drawings" to clearly indicate locations of existing unknown improvements. The bids for these two items, electrical work 'and demolition., came in $20,000 over our estimate, Cur plans indicate an electric source�given to us by the school district, however the contractors anticipate extra work to uipgrade that source and underground the existing electrical utilities. Our cost estimate f6r the demolition is based on average cost. per square foot, however the bidders anticipate additional work, patch and repair, due to the lack of "as -built drawing". As per our conversation, review of the project and bids, the $�0,000 seems a reasonable cost. It is our recommendation to seek the additional increase An the construction budget rather than construct the project in phases or eliminate any of the improvements. This reconunendation takes into account the security, maintenance and important timeline issues. I was very pleased with the enthusiasm displayed by Superintendent David Hagen, Assistant Superintendent Patricia Reid Koch and Principal Jim Staunton.; Not only will this project clean up the area, provide better access to the stadium, build the City's second skateboard facility, allow additional opportunity for the City to utilize the Stadium facility for special events, but also emphasize the win -win relationship between the' Huntington Beach Union High School District and the City's Community Services Department. MAY 23 '94 09 IS PLfR''';S/ROSE/RSI 021 P33 We are pleased to be a part of this very interesting project and If you have any questions regarding our review or recommendations, please do not hesitate to call Sincerely, Stephan D. Rose, ASLA Landscape Architect 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: March 26, 31, 1994 April 2, 1994 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 2 1994 at Costa Mesa, California. ti Signature PUBLIC NOTICE SECTION A NOTICE INVITING SEALED BIDS for the HUNTINGTON BEACH rI HIGH SCHOOL `i , STADIUM ENTRY AND SKATEBOARD FACILITY CASH CONTRACT No. 886 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS !HEREBY GIVEN that the ,CITY OF HUNTINGTON, BEACH, as AGENCY, in-. 'vites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, !Second Floor, 2000 Main Street, Huntington Beach,' California 92648, up to the hour of 2:00 p.m. on APRIL 5, 1994. Bids will be pub- licly open in the .Council, Chambers unless other- wise posted. Copies of the Plans, Specifications, and con- tract documents are avail- able from the Office of the Director of Public Works, 2000 Main Street, Hunting- ton Beach, CA 92648, upon payment of a $20.00 nonre- fundable fee if picked up, or payment of a $25.00 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 min-imum prevailing rate of per diem wages for each craft, classification or type of workman needed to ex- ecute the contract. shall be ithose determined by the Director of Industrial Rela- tions of the State of Califor- nia, which are on file at the ,Office of the Director of Public Works, 2000 Main, ',Street, Huntington Beach,' r THE AGENCY will deduct la 10% retention from all (progress payments. The iContractor may substitute an escrow holder surety of equal value to the retention in accordance with the pro- Ivisions of the California IGovernment Code, Section 4590. The Contractor shall 1 be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby af- firmatively ensures that mi- nority business enterprises will be afforded full op- portunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, I ancestry, sex, or religion In ,any consideration leading "he award of contract. No bid shall be consid- ered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be ac- companied by a certified) check, cashier's check, or bidder's bond made pay- able to the AGENCY for an amount no less than 10%' of the amount bid. The successful bidder shall be licensed in ac- cordance with provisions of the Business and Profes- sions Code and shall pos- sess a State Contractor's License Class at the .time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from; the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any Irregular- ity, and to take all bids under advisement for a maximum period of 60 days. . BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the list day of MARCH 1994. Attest: Connie Brock- way, CITY CLERK, OF THE CITY OF HUN. TINGTON BEACH Published Huntington (Beach -Fountain Valley In- dependent March 26, 31, iApril 2, 1994. � 4� - av ERT PRODUCER Wood -Gutmann insurance Brokers 3100 Bristol Street, Suite 390 Costa Mesa, CA 92626 Donald L. Wood 714-557-0800 ............ INSURED Hondo Company, Inc. Solmar Development Company 2121 S. Lyon Street Santa Ana, CA 92704 06/15/94 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETTER A CNA insurance companies COMPANY LETTER COMPANY c LETTER COMPANY D LETTER . . ....... .... ....... . . ........................... .. .. COMPANY E COVERAGES�:';;:: THIS is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ..... .. .. ... CO LTR TYPE OF INSURANCE POLICY POLICYEFFECTIVE POUCYEXPIRATION DATE (MM/DDfYY) DATE C-MMIDO/M LIMITS GENERALUABILITY GENERAL AGGREGATE .$ 2,000#000 A X COMMERCIAL GENERAL LIABILITY 21689134 . ... .. ..... .. 06/01/94 06/01/95 PRODUCTS-COMPIOPAGG. IS 1,000,000 CLAIMS MADE X :OCCUR. I . .. ....... .. ...... ... .. :PEPSONAL&ADV. INJURY :S 1,000,000 X OWNERS & CONTRACTOR'S PROT. EACH OCCURRENCE :S 1,000,000 . . ............ . ........ .. .. ...... . . FIRE DAMAGE (Anyone fire) S 50,000 .. .......... .. MED. EXPENSE (Any one person): S 5,000 AUTOMOBILE LIABILITY COY3lNED SINGLE S 1,000,000 A X ANY AUTO 121689098 06/01/94 06/01/95 LIMIT ALL OWNED AUTOS ....... .... . .... ....... . ..... .. BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS . . ................... BODILYINJURY X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS UABIUTY EACH OCCURRENCE S .. ........ .. . ..... UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM ......... .. ... ........ . . A WORKER'S COMPENSATION 121689117 06/01/94 06101195 X STATUTORY LIMITS EACH ACCIDENT S 1,000,000 AND.. .. . ............... . . ...... .. .... DISEASE —POLICY LIMIT 1,()00,000 EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE 9 1, OOD,000 OTHER APPROVED AS TO FORM-- GAIL HUTTON CITY ATT 'PA DESCRIPTION OF OPERATIONSAOCATIONSNE HiCLESISPECIAL ITEMS ty . 10 Days Notice of Cancellation Deputy City Attorney to the Certificate Holder in the event of non-payment of premium by the named insured. City of Huntington Beach, its agents, officers and employees are named as additional insured r attached G-17957-B. RE: JR 3M89 McFadden Bridge Widening Over r_405 CERTFICATE HOLDER'' ..... ..... CANCELLATION. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL*KffHj MAIL --10-- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTOTHE LEFT' City of Huntington Beach 2000 Main St. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIV Donald L. Wood ACORD 25mS (7/90)::. ...:.:(DACORD CORPORATION F., All dw Cofnmhm.,t& You k.te' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (called additional insured) whore you are required to add as an,aci itional insured on this policy under: 1. A written contract or agreement; or 2. An oral agreement or contract where a certificate of insurance showing that person or organization as an additional insured has been issued; but: the written or oral contract or agreement must be: (a) currently in effect or becoming effective during the term of this policy; and (b) executed prior to the "bodily injury,' `property damage," 'persona( injury,' or 'advertising injury." The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of a. Premises you own, rent, lease, or occupy or b. "Your work' for that additional insured by or for you. 2. The limits of insurance applicable to the additional insured are those specified In the written contract or agreement or In the Declarations for this policy whichever are less. These limits of insurance are inclusive of and not in addition to the limits of Insurance shown in the Declarations. The insurance provided to the additional insured does not apply to "bodily Injury", 'property damage", 'personal injury" or 'advertising Injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services Including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders. design or specifications; and 2. Supervisory, Inspectlon, or engineering services:----- - — ---- —_--� --- --. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YOUR POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW. POLICY CHANGE NO. COUNTERSIGNED DATE 6/1 EFFECTIVE DATE OF THIS POLICY CHANGE 6/15/94 AUTHORIZED REPRESENTATIVE G-1 7957-8 (ED. 09/92) a and Maintenance Bond I have received the Faithful Perfoiance'Bond and the Labor and Materials bond for CC-886 --construction of Huntington Beach High School stadium F.ntry and skateboard facility on behalf of the Treasurer's Office. Dated 6 _ a,�— y By: Hondo Company Inc. 2121 S. Lyon Santa Ana, CA 92705 You may release Bid Bonds. X Bond No. 7685519 G%V ffi&M0N INSURANCE COMPANY MAINTENANCE 130f�Pxt 4 �a AS TO ]10RMi GAIL UTTON � CITY AZTDRI- KNOW ALL MEN BY'I'lIl°51,PRLSi;NTS that wN By: Hondo Company Inc. Deputy; City Attorney as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a aorporaticin organized tinder the laws of the State of Ultla and duly authorized to Irairsaet busirtcss in the State of CA as Surety, are held and Iirntlp bound unto The City of Huntington Beach as obligee, in the sum of Nineteen thousand two hundredseventy three dollars DC)LLARS• for the payment whereof well and truly to be made, the hirtcipat and ilia Surety 'nind themselves, their heirs, executors, administratost, successors xrid =Igns, jointly and severally, firmly by these prelentL SIGNED, sealed, and dated this 16th day of June , i3 94. !' HERFA.S the Prinolpal and The Oblipec have entered into a wrlitc:n agreement dated the day of June , 1994 ,for Stadium Entry and Skateboard tha terms of which agrcomont were complaod and accepted the day of Facility (CC--886) • 19 ;and WHERFAS the Pdricipal hits given a one year maintenance guarantee under said agreement or otherwise against defective materials and workmanship. NOW, THEREFORF, the condition of this obligation is mach that if the Principal shall well and truly comply with such griarantee, then ibis obligation to be void; otfterwise ft shall remain in full force. PROVIDED that no right of action shall aeerue 4n this bond to or for the use of any person or corporation 01hor than the Obtgce named herein. and PROVIDED FURTHER that the Surety shad have no liability under this bnrid unless the obligee shall g;4e written notice of claim of the Pdricigxl's failure to comply with such guarateteed to the Surety at its Administrative Office at 580 W41nut Street, Cincinnati, Ohio 45202 such notice to be given within the one year mainfonanr� peritxl. Hond Com ny Inc. Countersigned: BY Resid'-rrr Agetrt F.S1597G— 4/76 i',intp! in U.S.A. GREAT AMERI AN INSURANCE COMPANY /-Z" �rrr;r►rey-imF' GWM AIVERiCAN INSURANCE COMPANY 580 WALNUT STREET a CINCINNATI, OHIO 45202 + 513-369-5000 • FAX 613-723-2740 The number of persons authorized by this power of attorney is not more than POWER OF ATTORNEY No. 0 13194 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings -and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. ]Fame RICHARD C. LLOYD Address Limit of Power SANTA ANA, CALIFORNIA UNLJ UTED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of October , )993 Attest STATE OF OHIO, COUNTY OF HAMILTON --- ss: GREAT AMERICAN INSURANCE COMPANY On this 19th day of October, 1993 , before me personally appeared GARY T. DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-ln-Fact to execute on behalfofthe Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertak ing, contract orsuretyship, orother written obligation in the nature thereof, such signature and seal when soused being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 1 6th day of June , 19 94 So„d No. 7685519 GZF�'1T i FUGMM iNSL1WWGE 16.MPANY o1110 LABOR AND MATERIAL PAYMENT BOND The American institute of Architects, Ala Document No, A311 (February, 1970 Edition) THiS BOND iS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND iN FAVOR OF THE OWNER CONDITIONED ON THI: FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN By THESE PRESENTS: that Illere insurt full rrarnn Bird oddress or legal title: of Corrtraclorl Hondo Company Inc. A�yTiOvBD AS TO FOR`t 4L 2121 S. Lyon Santa Ana, CA 92705 GAIL HUT O11 as Principal, hereinafter celled Principal, and, ((lore insert full name and address or (ego( trtfe of Surelyj CITY A T T OR' Y GREAT AMERICAN INSURANCE COMPANY BY� 580 Walnut Building, Cincinnati, Ohio 45202 etn3 It ity Alto as Surety, hereinafter called Surety, eta held and firmly bound unto {Here Insert full name and address or irgnl till V.,,erl The City of Huntington Beach as Obligee, hereinafter called Owner, for the use and benefit of claimants as horeinbelow dr('rnecf. In the amount of One hundred ninety two thousand seven hundred thirty one dollars Dallarf IS 192,731.00 (here Insert + fun equal to at least one-half of Ilia contract price) J. for the psymdnt whereof Principal and Surety bind themselves, their heirs, executors, edminisIre tars, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated June 19 94 , entered into a contract with Owner for Stadium entry and.Skateboard Facility(CC--886) in accordance with Drawings and Specifications prepared by Were Insert full nerne and address or legal title of Architectl finch contract Is by reference made a part hereof, and is hereinafter referred to as the Contact. NOW, THEREFORE, THE CO?46ffTi54 OF THIS OBLIGA7tfN+! is lurnlsrred the last of t)re nr8te6als for which sold clairn Is made, stating arch that, If Principal shell promptly make payment to all claimants as with substantial accuracy the amount claimed end the name of the party to ereinefter defined, for all labor and material used or reasonably required whom the materials were furnished, or for whom the work or labor was or use in the performance of the Contract, then this obligation shell be done or performed. Such notice shell be served by mailing the some by Did; otherwise it shell remain In full force and effect, subject however, to registered mail or certified mall, postage prepaid, In an envelope addressed to following conditions: to the Principal. Owner or Surety, at any place where an office Is regularly 1. A claimant Is defined as one having a direct contract with the maintained for the transaction of business, or served In any manner in rincipal or with a Subcontractor of the Principal for labor, material, or which legal process may be served in the state in which the aforesaid ath, used or reasonably required for use In the performance of the project is located, save that such service need not be made by a public ontract, labor end material being construed to include that pert of water, officer. n, power, ilght, heat, oil, gasoline, telephone service or rental of bl After the expiration of one (1) year following the date on which Vipment directly applicable to the Contract. Principal ceased Work on said Contract, it being understood, however that 2. The above named Principal end Surety hereby jointly and severally if any limitation embodied In this bond is prohibited by any law Tree with the Owner that every claimant as herein defined, who has not controlling the construction hereof such limitation shell be deemed to be eon paid In full before the expiration of a period of ninety (90) days after amended to as to be equal to the minimum period of limitation permitted n dale on which the lest of such ctaimant's work or labor was done or by such low. rrformed, or materials were furnished by such cialment, may sue on this cl Other than in a state court of competent Jurisdiction in and for the and for the use of such claimant, prosecute the suit to final Judgment for county or other political subdivision of the state in which the Court for the sch sum or sums as may -be justly due claimant, end have execution district in which the Project, or any part thereof. Is situated, and not sereon, The Owner shall not be liable for the payment of any casts or elsewhere. xpenses of soy such suit. 4. The amount of this bond shall be reduced by and to the extent of 3. No suit or action shell be commenced hereunder by any cfslment: any payment or payments made In good faith hereunder, Inclusive of the I Unless claimant, other than one having a direct contract with the payment by Surety of mechanics' liens which may be filed of record rineipal, shell have given written notice to any two of the following: the egalnst sold improvetment, whether or not claim for the amount of such Onelpal, the Owner, or the, Surety above named, within Mnely (90) days lien be presented under and against this bond. Fier such claimant did or performed the lost of the work or labor, or lgned and seated this [witness) 16th (witness) f! S7158 abor Ind Materlol Payment Bond. T fill bond Is IssuAd multaneouoy with Perrormrnce Pend r:.9633E -- (1/82). 1101Rn fo r.hrum,v. I97a day rr .r-- Attorney in Fact 4 n r] A GUM AIVER1CAN INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202• 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than POWER OF ATTORNEY No. 0 13194 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power :t1rM:i1 I1FtTa Is-ie��-111 _ s aa:k laJ of � s7 This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS W HEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1.9th day of October , 1993 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 19th day of October, 1993 , before me personally appeared GARY T_ DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that be knows the seal; that it was so affixed by authority of his office under the By -Paws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one ofthem, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalfof the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time_ RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, orother written obligation in the nature thereof, such signature and seal when soused being herebyadopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 1 Gth day of June , 19 94 S10.NP14 93) 0 Bond Na. 7685519 G"ZEr'1T,r'�ER1CaN INSURANCE WIVANY OHIO PERFORMANCE BOND Tile American lnstltnte of Arc}rltects, AIA Vocurrrent No. AV I (February. i970 Erlitionl Ar PROVED AS TO FoRg,-, KNOW ALL MEN BY THESE PRESENTS: that Mere insert felt name end address or legal litlP of Contracior) GA 1L HU s ()ij Hondo Company Inc. GI�X ii� i _ ii>; X 2121 S. Lyon, Santa Ana, CA 92705 as Principal, hereinafter called Contractor, and, (Here insert full rlarne and address or legal title of Suretyl $Y% GREAT AMERiCAN INSURANCE COMPANY Deputy City Attar 580 Walnut Street, Cincinnati, Ohio 45202 as Surely, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owitee l The City of Huntington Beach as Obligee, hereinafter called Owner, in the amount of One hundred ninety two thousand seven hundred thirty one dollars Dollars 1$ 192, 731 .00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, adnrinfstrators, successors and assigns, jointly and severeily, firmly by these presents. WHERCAS, Contractor has by written agreement dated June 19 9 4 . entered into a contract with Owner for Stadium entry and Skateboard Facility(CC•-886) in accordance with Drawings and Specifications prepared by (Here insert lull name and address or legal title of Architects which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONOiTION OF THIS OBLiGATiON is such that, if Contractor shall promptly and faithfully - perform sold Contract, then this obligation shall be null and void: otherwise± it shall remain In full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall -be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract In accordance with its terms and conditions, or 21 Obtain a bid or bids for completing the Contract in accordance with Its ternn end conditions, and upon determination by Surety of the lowest responsible bidder, or, lf..the Owner elects, upon determination by the Owner and the Surety Jointly of the lowest responsible bidder, arrange for Signed and seated this 16th day of (Witnessl (witness) SB 5715b Performance Bond. This bond Is issuers simultaneously with Labor and Material Bond F.9635 -- (3/82). Revised to rebruary, 1910 F,9633F. 16/831 a contract t*etwP.en such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price. but not exceeding, including other costs and damages for which the Surety mey be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraphs, shall mean the total amount payable by Owner to Contractor under site Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract fails due. No right of action shall accrue on this bond to or for the use of any person Or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. June 994 Hondo Comps In (Principal) (Seat) (71t1e} GY3EAT AMERICAN INSURANCE COMPANY (Sure j (Sean (1 isle} Attorney in Fact GWM jVWRICAN INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202 •593-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than POWER OF ATTORNEY No. 0 13194 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address limit of Power RICHARD C. LL(3YD SANTA ANA, CALIFORNIA UNIJ2IITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS W HEREOFthe GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of October , 1993 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAM ILTON — ss: On this 19th day of October, 1993 , before me personally appeared GARY T. DUNBAR, to me known, being duty sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -taws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one orm ore A trorneys-In-Fact to execute on behalfofthe Company, as surety, anyandall bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when soused being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this ) 6 th day of June * 19 9.4 REQUES r FOR CITY COUNCIL ACTION Date March 21, 1994 Submitted to: Honorable Mayor and City Council APPROVEEDV BY CITY CQUNCII. Submitted by: Michael T. Uberuaga, City Administrator T_ 3 ' a / 19944 Prepared by: Ronald Hagan, Director of Community Service Louis F. Sandoval, Director of Public Works Subject: C CL HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY; CC-886 Consistent with Council Policy? [XI Yes [ J New Policy or Exception _ �l Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attaci4Rients: 6W STATEMENT OF ISSUE: Bids for the Huntington Beach High School Stadium Entry and Skateboard Facility were received and opened on February 15, 1994. RECOMMENDED ACTION: 1. Reject all bids; and 2. Authorize the Director of Public Works to re -bid the project deleting the ticket booths and vinyl coated chain link fencing. ANALYSIS: On January 18, 1994, Council approved the plans and specifications for the construction of the Huntington Beach High School Entry and Skateboard Facility and authorized the Director of Public Works to solicit bids for construction. Bids, as summarized below, were received and opened on February 15, 1994: Contractor Base Bid Deductive Alternates 1. Civil Works Corp. $219,810.30 $25,400.00 2. Metro Builders 218,774.19 22,430.00 3. Plaza Landscape 229,373.75 32,000.00 4. United Builders 221,558.70 22,430.00 5. Gillespie Construction 212,649.74 10,080.00 6. BoPark Enterprises 217,967.70 13,200.00 7. Wakeham-Baker 221,662.40 16,000.00 Y. Tehachapi Landscape 208,454.50 2,600.00 Total Bid $194;410.30 196;344.19 197,373.75 199,128.70 202,569.74 204,767.70 205,662.40 205,854.50 6) P10 5/85 z: RCA: CC-886 March 21, 1994 Page two Contractor 9. Hondo 10. Clayton Engineering 11. E A Mendoza 12. Excel Paving Base Bid Deductive Alternates Total Bid $208,454.50 $33,060.00 $206,487.08 217,967.70 14,550.00 211,862.34 234,930.70 4,000.00 230,930.70 294,216.11 30,596.00 263,620.11 Based upon an award of a contract to Civil Works Corporation, the cost of the project would be as follows: Contract Amount $194,410.30 *Project Change Orders 19,441.03 **Project Supplementals 5,000.00 TOTAL $218,851.33 The project cost of $218,851.33 far exceeds the architect's (Purkiss-Rose, RSI) estimate of $166,705.57 and the project budget of $185,000. Staff reviewed the feasibility of reducing the scope of work with the current bidder's proposals; however, legal ramifications preclude this action. In order to have the bids fall within the project budget, the legal alternative is to either redesign the project or reduce the scope of work, and then re -bid the project. Staff recommends reducing the scope of work and then re -bid the project. Two items which will be deleted are the ticket booths (which will be completed at a later date, under a separate contract) and the vinyl coated chain link fencing and gates. These items created confusion br the bidders during the bid process and staff anticipates that competitive bids will be received without these items being included as alternates. FUNDING SOURCE: $185,000 is available in Fiscal Account No. E-SK-CS-719-6-39-00 (Huntington Beach High School Stadium Entry and Skateboard Area Improvements). The Huntington Beach Union High School District and the City will share the cost. The City's contribution is $125,000, with the District contributing $60,000. .'ALTERNATIVE ACTION: Award contract to Civil Works Corp. and appropriate additional funds for construction, from the unappropriated General Fund balance. ATTACHMENTS: None MTU:LFS:RMH:gd 3509g/23&24 I REQUEST FOR CITY COUNCIL ACTION Date January 18, 1994 Submitted to: Honorable Mayor and City Council ! APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrator - / 8 19.p i Prepared by: Ron Hagan, Director Community Services Louis F. Sandoval, Director of Public Works c:rr� C►.FRK Subject: HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATE BOARD AREA; CC-886 Consistent with Council Policy? [X Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 6 990P STATEMENT OF ISSUE: C °'4' '``�`� 47 41iX, c'o fa © a�ii The plans and specifications and an agreement with the Huntingggton Beach Union High School District for the construction of a stadium entry and skate board area upon certain portions of district property are complete. RECOMMENDED ACTION: 1. Approve the plans and specifications and authorize the Director of Public Works to solicit construction bids; and 2. Approve the attached Sample Contract, subject to award of contract to approved lowest responsnbidder; and 3. Approve agreement with the Huntington Beach Union High School District for the use and development of improvements on district property, and authorize the Mayor to execute same. ANALYSIS: At its September 8, 1993, meeting, Council approved, in concept, a joint project with the Huntington Beach Union High School District to make improvements to the entry way of the Huntington Beach High School stadium and to establish a community skate board area, and authorized the expenditure of $13,200 for design/construction documents. In addition, Council directed staff to negotiate an agreement with the school district for the proposed joint project. The City Attorney's Office has prepared the agreement after review by the school district counsel, and Council approval is necessary for the work to proceed. The Huntington Beach Union High School District Board approved the agreement on May 25, 1993. The landscape architectural firm of Purkiss-Rose, RSI has completed the plans and specifications for the stadium entry and skate board facility located at the east end of school property adjacent to Main Street. The project includes removal of existing AC pavements and constructing new planter areas, a concrete pyramid shaped skate board area, concrete flatwork, and modular stadium entry ticket booths. Staff of the Community Development Department has determined that since this project will be owned and maintained by the School District, an environmental assessment is not necessary to construct improvements as shown on the plans. I RCA; CC-886 January 18,1994 Page two Therefore, the Directors of Community Services and Public Works recommend approval of the ,plans and specifications, the sample construction contract and, hereby request Council authorization to solicit bids for construction. FUNDING SOURCE: The landscape architect's estimate for the construction of these improvements is $185,000. The Huntington Beach Union High School District and the City will share the total cost. The School District's share is $60,000, with the City contributing $125,000. Sufficient funds are available in Fiscal Account No. E-SK-CS-719-6-39-00 (HBHS Stadium Entry and Skate Board Area Improvements). ALTERNATIVE ACTION: Deny approval of plans and specifications and forego the construction of these improvements.. ATTACHMENTS: 1. Sample City Funded Construction Contract 2. Project Location Map 3. Huntington Beach Union High School District Agreement and Exhibit "A" MTU:LFS: RH:g4—�k 3493g/23&24 M M SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCITON OF A STADIUM ENTRY AND SKATEBOARD FACILITY AT HUNTINGTON BEACH HIGH SCHOOL THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of a stadium entry and skateboard facility at the Huntington Beach High School in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by 6.'agree/consuit/l 2129/93 M M CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 2 61agreelconsult/l 2129/93 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to 3 6/agree/consu IU12/29/93 completion within one hundred thirty five (135) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 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 4 6/ag ree/consu It/12/29/93 M not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 5 61agreelconsultl12)29193 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGESMELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 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. 6 61agreelconsult112129193 CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 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 7 6/agree/consu It/l 2/29/93 M �J promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of -any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 8 6/agree/consutVl 2129/93 LM When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 9 61agreelconsult112129193 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said 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 10 6/agree/consult/l 2129/93 furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be 11 6/agreeleonsult/12129/93 canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, 12 6/agree%wnsuR/12/29/93 Li drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 13 6/agree/consult/12/29193 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 14 61agrealconsuft1l 2129193 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/President/Vice President By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer ATTEST: City Clerk APPROVED: J 4 City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: City Attorney �L- 1? j•�..5>�43 15 6/agree/consult/12/29/93 INITIATED AND APPROVED: Director of Public Works SECTION A 3131 NOTICE INVITING SEALED BIDS for the 14UNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY CASH CONTRACT No. $Sb in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on APRIL 5, 1994. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if mailed, Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification: or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 1076 retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in -conformance A-1 I - y with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 21st day of March 1994. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 NOTICE INVITING BIDS .Cc 4ioCp Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on r-�. 15'1174-, at which time they will be opened publicly and read aloud in 'the Council Chambers for the 6 Sc o f S , orA+ aorgq -:PAe-+UTin the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on - a,.-, . 2� . 195 4 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of anon --refundable fee of? Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By 9rder of the City Council of the City of Huntington Beach, California the Isue` of 1 onnie Brock City Clerk of the City of Huntington Beach 2000 Main Street (714) 536--5431 0328G 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: February 3, 1994 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 3 , 199 4 at Costa Mesa, California. Signature PUJgLIC NONCE NOTICk' INVITING BIDS 'CC -ash Notice is .hereby given thereto, with the exception that sealed bids"will be re> only of such variations that ceived by. the City of Hun- may be required under,the tington Beach at -the office, special statutes pursuant to of the City Clerk at City which proceedings hereun- Hall, 2000 Main Street, der are taken and which Huntington Beach, `•CalifOr- have not been superseded ma;:.until the hour o(. 2;00 by the provisions of ° the p.m. •on Feb. 15, 1994, at Labor Code. Preference to which time they will be tabor shajl be given only d? opened publicly -and, read the manner provided, by aloud, jo Abe COURCII -Cham- law. bers for' the WB. High I No bid shall be consid- SchOoi Stadium, Entry & ,ered unless it is made on'a Skateboard .Facility in the 'form furnished by the City City of Huntington Beach, of Huntington Beach and is A set of plans, specifica- '43iade in accordance .,wit tions, and other contract 4he -provisions of the pro} documents may be ob- iposat'Tequirements.. tained on Jan..26, 1994 at Each bidder must'be li- the.DepaRrnent:Of. Public 'censed and also prequali- W6rks, 2060'' Main -.Streets fled as required; by. law. Huntington Beach, Califor- The City 'Council of , the nia, upon receipt of.a non- City of Huntington .Beacq refondable fee of $20.00. reserves the right to reject Each bid shall be made any'or all bids.+ on, the Proposal, Forhi and By order;Qf;gie City, Coup, in the manner provided in cil of the City of Huntington !the .00ntgact '.documents, Beach, California the 18th and shall be'accompanied_ of January, 1994. by, a certified Or cashier's Connie, Brockway, check or a bid bond for not City Clerk of •the •City of less than 1.0% of the 'Huntington Beach, amount the V' made 2009 Mlla 'payable too ttie.Cititti of Hun-' in*•^Street,, Hun- , tington Beach —The Con- tington Beach,•Calif. tractor shall, .in the per- SZ,648 (7 i 4) 536-5227 , formance of .th-&,work and , - Published Huntington, improvements, conform . to Bead -Fountain Valley In - the Labor Code of . the .dependent' ,January 29, State "of Californiaand other laws;of the State of February 3, 1994. California applicable I014sa554 ;�7 �/_ ') 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 PUBLIC NOTICE entitled matter. I am a principal clerk of I NOTICE INVITING BIDS the HUNTINGTON BEACH INDEPENDENT a c i I Notice iss hereby given newspaper of general circulation printed that sealed bids will be re- , ceived by the City of Hun-1 tington Beach at the office and published in the City of Huntington of the City Clerk at City Beach, County of Orange, State of Hall, 2000 Main Street, Huntington Beach, Califor- nia, until the hour of 2:00 California, and that attached Notice is a p.m. on Feb. 15, 1994, at which time they will be true and complete copy as was printed opened publicly and read aloud in the Council Cham- and published in the Huntington Beach tiers for the H.B. High School Stadium Entry & Skateboard Facility in the and Fountain Valley issues of said City of Huntington Beach. A set of plans, specifica- newspaper to wit the issue(s) of: lions, and othercontract documents may be ob- tained on Jan. 26, 1994 at the Department of Public Works, 2000 Main Street, Huntington Beach, Califor- nia, upon, receipt of a non- refundable fee of $20.00. January 29 1994 Each bid shall be made ary r on the Proposal Form and February 3, 10, 1994 in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not I declare, under penalty of perjury, that less than 10%= of. the amount of the bid; made the foregoing is true and correct. payable to the City of Hun- tington Beach. The Con- tractor shall, in the per- formance of the work and improvements, conform to the Labor Code of the Executed on February 10 199 4 State of California and other laws of the State of at Costa Mesa California. California applicable , thereto, with the exception only of such variations thati may be required under the special statutes pursuant to which proceedings hereun- der are taken and which have not been superseded by the provisions of the Labor Code. Preference to / labor shall given only in the manner provided by law. Signature No bid shall be consid- ered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the 'pro- posal requirements. Each bidder must be li- dcensed_and_ also prequali- fied as required by law. The City Council of the J City of Huntington Beach reserves the right to reject any, or all bids. By order of the City Coun- cil of the City of Huntington Beach, California the 18th of January, 1994. Connie Brockway, City Clerk of the City of Huntington Beach, 2000 Main Street, Hun- tington Beach, Calif.j 92648 (714) 536-5227 : Published Huntington Beach-Founiain Valley In- dependent January 29, February 3, 10, 1994. 022-674, �- �- City Of Huntington Beach, Calif. Department Of Public Works BID SUMMARY BIDDERS _. --- - - -.-- - -- _ No. _ Item Of Work 1 Temporary Fencing - 2 Electrical Mobilization PROJECT NAME: Huntington Beach High School Stadium Entry & Skateboard Facility BID OPENNING: April 5, 1994 2:00 PM ENGINEER'S ESTIMATE: $ 167,504.57 CC No. 886 Bidder No. 1 1 Bidder No. 2 1 Bidder No. 3 Bidder No. 4 Hondo Company I Bo Park United Builders Civil Works Corp 1 Enterprises _Quantity Unit Price Amount Price 900 LF-^$1.50 $ 1,350.00� -$_25_ 1 LS $7,500.00 $ 7,500.00 $4,000,00 3 4 5 6 7 8 9 10 Clearing/Grubbing Saw Cut Concrete Demolition Veg. (tree removal) 9545 SF _g0.50 $2.00 $--4,772.50_ $ 254.00 $0.75 127 LF $1.00 $1.00 608 SF $1.so $ 912.00 -- 4 _ 22,342 930 4 11,280 _ 1 364 __--'388 ..__, _._._..300 252 EA SF__ LF EA $475.00 $ 1,900.00 $250.00 AC and Base removal Chain_ link fence removal _ Light standard removal 4" concrete paving - $o.60 $1,00 $300.00 $ 13_,_4_05.20 $- ...0.. . $ 1,200.00 _ $0.80 $150.00 SF LF $2,75 $6.00 $ 31,020.00 $ 8,184.00 $3.0o $7.50 11 12 Concrete band _....... _ Mow stri.._ p- LFT..... $7,00 $ 2,716.00 $5. 00 13 -- 14 Cu rve p ram --------- _. -- Pyramid ramp _ SF SF _ $12.00 $6.00 ...._ $ 3,600.00 $ 1,512.00 _ $6.00 $6.0o 15 3' Split blockwall 586 LF $45.00 $ 26,370.00 $35.00 _ 16 _ _ _ 4' Split block wall pilaster M- 105 -11 LF EA $35.00 $65o.00 $ 3,675,00 $45.75 $1,072.00 $ 7,150.00 .IT_,Block 18 19 3'- 6" Guardrail 8' Tubular rail 52 LF $30.00 $ 1,560.00 $31.00 394 LF $35.00 $ 13,790.00 _ $42.00 20 V tubular roll gate 21. 18" High rails at skateboard area 22 Trash receptacle holder 23 Signage �� _ 24 Concrete bollard 25- Concrete bench TOTALS - 4 30 EA LFJ EA $1,500-00 - $30.00 $250.00 $ 6,000.00 $638.00 $ 900.00 $44.00 1 $ 250.00 $300.00 --- - 1 4 2 EA EA EA $6,500.o0 $250.00 $ soo. oo $ _ $ $ -6,500.00 1,000.00 1,000.00 $7,431.00 $225.00 $700.00 Amount Price _Amount Price AnIount $ 1,125.00 $2.25 $ 2,025.00 si.so $ 1,350.00 $ 4,000.00 $1,500.00 $ 1,500.00 $855.00 $ 855.00 $ 7,158.75 $0.50 $ _ 4,772,50 $0.6o $ 5,727.00 $ _ 127.00 $2.00 $ 254.00 $2.25 $ 285.75 $ 608.00 _ $1.00 $ 608.00 $1.10 $ 668.80 $ 1,000.00 $400.00 $ 1,600.00 $1,28600 $_5,140.00 $ 17,873.60 $o.45 $1.50 $ 10,053.90 - $o.6a $ 13,405.20 $ 2,325.00 $ 1,395.00 $2.75 $ 2,557.50 $ 600.00 $ 33,840.00 _ $200.00 $ 800.00 $75.00 $3.50 $ $ _300,00 -"39,480.00- $2.90 $ 32,712.00 $^ 10,230.00 $7.00 $ 9,548.00 - $4.00 $ 5,456.00 $ 1,940.00 $6.50 $ _ 2,522.00 $6.50 $ 2,522.00 $ 1,800.00 $6.00 $ 1,800.00 _ $3.50 _ $3.50 $ $ $ 1,050.00 _ 882.00 26,370.00 $ 1,512.00 _ $7.00 $ 1,764.00 $ 20,510.00 $33.00 $ 16' 38.00 $45.00 $ 4,803.75 $41.00 $ 4,305.00 W-00 $ 5,040_.00_ $ 11,792.00 -$1,450.00 $ $850.00 $- 9,350,00 $ 1,612.00 $22.60 $ _15,950.00 1,175.20 $34.00 $ 1,768.00 $ $38.00 $ 14,972.00 $36.70 $ 14,459.80 _16,548.00 $ 2,552.00 $1,400.00' '$ 5,600.00 $1,385.00 - 5,540.00 $ 1,320.00 $35.00_ $ 1,050.00 $52.00 _$ $ 1,560.00 $ 300.00 $250.0o $ 250.00 $225.00 225.00 _ $ 7,431.00 $9,000.00 $ 9,000.00 $9,080.00 _$ $ 9,080.00 $ 900.00 $250.00 $ 1,000.00 $310.00 $ 12240.00 $ 1400.0.0 $500.00 $ r,000.00 $27500 $ 550.00 Page 1 of 4 0 10 City Of Huntington Beach, Calif. J Department Of Public Works BID SUMMARY BIDDERS No. _ -- Item Of Work _26_ Meta! bollards _ _ 27 Security Lights 28 Electrical Service 29 Electrical outlets at light standards _ 30 Lighting Control T 31 Signage lights 32 Soil preparation 33 Ground cover planting 34 Turf (hrdoseed) 35 24" Box #reel 36 36" Box trees _ 37 Palm trees 38 1 Gal shrubs 39 Irrigation system 40 90 Day maintenance 41 Fine grade ---- - - - ---- TOTAL BASE BID A42 Turf (sod) _..--. 'TOTAL BID -._-------- - PROJECT NAME: Huntington Beach High School Stadium Entry & Skateboard Facility BID OPENNING: April 5, 1994 2:00 PM. ENGINEER'S ESTIMATE: $167,504.57 CC No. 886 Bidder No. 1 j Bidder No. 2 1 Bidder No. 3 Hondo Company Bo Park I United Builders Enterprises - Quantity Unit Price Amount_ Price Amount Price Amount_ 6 EA- $250.00 $ 1,500.00 $150.00 $ 900.00 _$200.00 $ 1,200.00 EA..-.-- $1,350.00 $ 8,100,00 $2,025.00 $ 12,150.00 $1,800.0o $ 10,800.00 - 1 EA $5,500.00 $ 5,500.00 $4,720.00 $ 4,720.00 $3,400.00 $ 3,400.00 2 EA $200.00 $ 400.00 $736.00 $ 1,472.00 $200.00 $ 400.00 1 EA $500.00 $ 500.00 $511.00 $ 511.00 $300.00 $ 300 000 1 LS $2,900.00 $--2,900.00 $1,785.00 $ 1,785,00 $1,850.00 $ 1,850.00 13,232 SF $0.22 $ 2,911.04 $0.12 $ 1,587.84 - _ - $0.30 $ 3,969.60 $0.78 $ 436.80 $0.25 $ 140.00 $0.56 $ 313.60 12,672 SF $o.o9 $ 1,140.48 _ $OA_6 $ 760.3_2 _ $o.1 o $ 1,267.20 - 3 EA $300.00 $ 900.00----$190.00 $ - 570.00 J$300.00 _ _ 2 EA $660M $ 1,320.00- _$425.00 $ 850.00 $550.00 $ 1,100.00 72 BTF $98.00 $ 7,056,00 $38.00 $ 2,736.00 $140.00 $ 10,080.00 31 EA $10.00 $ 310.00 $5.00 $ 155.00 $6.50 $ 201.50 13,232 SF - $0.77 $ 10,188.64 $0.75 $ 9,924.00 $0.70 $ 9,262.40 _ 13,232 SF _ $0.09 $ 1,190.88 $0.06 $ 793.92 $0.10 $ 1,323.20 -13,232 SF $0.07 $ 926.24 $0.05 $ 661.60 $0.15 $ 1,984.80 F $ 192,730.78 a a $ 193,024.78 193,346.990 Bidder No. 4 Civil Works Corp. Price Amount $260.00 $ 1,560.00 $2,175.00 $ 13,050.00 $570.00 $ 570.00 $227.00 $ 454.00 $170.00 $ 170.00 $1,702.00 $�� 1,702.00 $0.20 $ 2,646.40 $0.54 $ 302.40 $0.10 $ _ 1,267.20 $170.00 $ 510.00 $625.00 $ 1,250.00 $85.00 $ 6,120.00 $4.55 _$ 141.05 - $0.75 $ _9,924.00 $0.09 $ _ 1,124.72 $0.14 $ 1,852.48 12,672 SF $0 50 $T-6,336.00 I $0 50 -$ - 6,336.00 - $a 60 $ - 7,603,20 $2 00 199,066.78 :: $ 199,360.78 ;. ;' $ 200,950FF .10 IIr $ 197,606.30 M $ 222.850.30 1 Page 2 of 4 Bidder No. 4 Civil Works Corp. Price Amount $260.00 $ 1,560.00 $2,175.00 $ 13,050.00 $570.00 $ 570.00 $227.00 $ 454.00 $170.00 $ 170.00 $1,702.00 $�� 1,702.00 $0.20 $ 2,646.40 $0.54 $ 302.40 $0.10 $ _ 1,267.20 $170.00 $ 510.00 $625.00 $ 1,250.00 $85.00 $ 6,120.00 $4.55 _$ 141.05 - $0.75 $ _9,924.00 $0.09 $ _ 1,124.72 $0.14 $ 1,852.48 12,672 SF $0 50 $T-6,336.00 I $0 50 -$ - 6,336.00 - $a 60 $ - 7,603,20 $2 00 199,066.78 :: $ 199,360.78 ;. ;' $ 200,950FF .10 IIr $ 197,606.30 M $ 222.850.30 1 Page 2 of 4 12,672 SF $0 50 $T-6,336.00 I $0 50 -$ - 6,336.00 - $a 60 $ - 7,603,20 $2 00 199,066.78 :: $ 199,360.78 ;. ;' $ 200,950FF .10 IIr $ 197,606.30 M $ 222.850.30 1 Page 2 of 4 J, >� �;- i City Of Huntington Beach, Calif. Department Of Public Works BID SUMMARY PROJECT NAME: Huntington Beach High School Stadium Entry & Skateboard Facility BID OPENNING: April 5, 1994 2:00 PM ENGINEER'S ESTIMATE: $ 167,504.57 CC No. 886 BIDDERS Bidder No. 5 Gillespie Const Bidder No. 6 Damon Const Bidder No. 7 Bidder No. 8 No. Item Of Work Quantity I Unit Price Amount Price Amount Price Amount Price Amount 1 ITemporary Fencing 9001 LF $l 45 $ 1,305.00 $300 $ 2,700.00 $ - $ - 2 1 Electrical Mobilization 11 LS $100 00 $ 100.00 $30,214.00 $ 30,214.00 $ - $ - 3 Clearing/Grubbing 1 95451 SF $085 $ 8,113.25 $025 $ 2,386.25 $ - $ - 4 1 Saw Cut 127 LF silo $ 139.70 $5 50 $ 698.50 $ - $ - 5 lConcrete Demolition 6081 SF $350 $ 2,128.00 $500 $ 3,040.00 $ - $ - 6 IVeg. (tree removal) 41 EA $550 00 $ 2,200.00 $425 00 $ 1,700.00 $ - $ - 7 (AC and Base removal 22,342 SF $0 32 $ 7,149.44 $0 25 $ 5,585.50 $ - $ - 8 jChainlink fence removal 930 LF $2 00 $ 1,860.00 $2 00 $ 1,860.00 $ - $ - 9 ILight standard removal 4 EA $54 00 $ 216.00 $150 00 $ 600.00 $ - $ - 10 4" concrete paving 11,280 SF $3 40 $ 38,352.00 $3 00 $ 33,840.00 $ - $ - 11 lConcrete band 1,364 LF $15 40 $ 21,005.60 $1 4 00 $ 19,096.00 $ - $ - 12 Mow strip 3881 LF $5 55 $ 2,153.40 $6 00 $ 2,328.00 $ - $ - 13 Curve ramp 3001 SF $8 35 $ 2,505.00 $8 00 $ 2,400.00 $ - $ - 14 Pyramid ramp 252 SF $9 25 $ 2,331.00 $6 00 $ 1,512.00 $ - $ - 15 3' Split block wall 586 LF $3440 $ 20,158.40 $3600 $ 21,096.00 $ - $ - 16 14' Split block wall 105 LF $45.00 $ 4,725.00 $47.00 $ 4,935.00 $ - $ - 17 Block pilaster 11 EA $1,053,00 $ 11,583.00 $1,03500 $ 11,385.00 $ - $ - 18 3' - 6" Guardrail 52 LF $30.25 $ 1,573.00 $3000 $ 1,560.00 $ - $ - 19 8' Tubular rail 394 LF $3450 $ 13,593.00 $3400 $ 13,396.00 $ - $ - 20 8' tubular roll gate 4 EA $1,250 00 $ 5,000.00 $1,221.00 $ 4,884.00 $ - $ - 21 18" High rails at skateboard area 30 LF $19 50 $ 585.00 $19.00 $ 570.00 $ - $ - 22 Trash receptacle holder 1 EA $162 00 $ 162.00 $150 00 $ 150.00 $ - $ - 23 Signage 1 EA $7,300 00 $ 7,300.00 $5,300 00 $ 5,300.00 $ - $ - 24 Concrete bollard 4 EA $29400 $ 1,176.00 $27500 $ 1,100.00 $ - $ - 25 Concrete bench TOTALS 2 EA $1,300 00 $ 2,600.00 $1,700 00 $ 3,400.00 $ - :, .; .. _ ........ . ; r,: .` ,.:,. Yam.: $ - ter_ ram, Page 3 of 4 City Of Huntington Beach, Calif. Department Of Public Works BID SUMMARY PROJECT NAME: Huntington Beach High School Stadium Entry & Skateboard Facility BID OPENNING: April 5, 1994 2:00 PM ENGINEER'S ESTIMATE: $ 167,504.57 CC No. 886 J' BIDDERS Bidder No. 5 Gillespie Const Bidder No. 6 Damon Const Bidder No. 7 1 Bidder No. 8 No. Item Of Work Quantity Unit Price Amount Price Amount Price Amount Price Amount 26 Metal bollards 6 EA $215.00 $ 1,290.00 $200.00 $ 1,200.00 $ - $ - 27 Security Lights 6 EA $2,100.00 $ 12,600.00 $4,350.00 $ 26,100.00 $ - $ - 28 Electrical Service 1 EA $540.00 $ 540.00 $5,000.00 $ 5,000.00 $ - $ - 29 Electrical outlets at light standards 2 EA $110.00 $ 220.00 $375.00 $ 750.00 $ - $ - 30 Lighting Control 1 EA $160.00 $ 160.00 $2,000.00 $ 2,000.00 $ - $ - 31 Signage lights 1 LS $1,620.00 $ 1,620.00 $3,l00.00 $ 3,100.00 $ - $ - 32 Soil preparation 13,232 SF $0.20 $ 2,646.40 $0.25 $ 3,308.00 $ - $ - 33 Grobii cover planting 560 SF $0.50 $ 280.00 $0.50 $ 280.00 $ - $ - 34 Turf(hrdoseed) 12,672 SF $o.10 $ 1,267.20 $o.io $ 1,267.20 $ - $ - 35 24" Box trees 3 EA $286.00 $ 858.00 $300.00 $ 900.00 $ - $ - 36 36" Box trees 2 EA $521.00 $ 1,042.00 $500.00 $ 1,000.00 $ - $ - 37 Palm trees 72 BTF $lio.00 $ 7,920.00 $125.00 $ 9,000.00 $ - $ - 38 1 Gal shrubs 31 EA $7.00 $ 217.00 $7.00 $ 217.00 $ - $ - 39 Irrigation system 13,232 SF $0.65 $ 8,600.80 $too $ 13,232.00 $ - $ - 40 90 Day maintenance 13,232 SF $0.05 $ 661.60 $0.05 $ 661.60 $ - $ - 41 Fine grade 13,232 SF $0.08 $ 1,058.56 $too $ 13,232.00 $ - $ - �,r' $ 198,995.35:^ °.;' $ 256,984.05 k TOTAL BASE BID ADDITIVE ALTERNATES A42 Turf (sod) 12,672 SF $0.55 $ 6,969.60 $0.55 $ 6,969.60 $ - $ - "> $ - OTAL BID" $ 205 964.95� $ 263 953.65 $ - Page 4 of 4 M 7-1 I have received Bid Bonds for Damon Const. Co., Gillespie Const Inc. T Builders, opark Enterprises,Inc., and Hondo Co., Inc. on behalf of the Treasurer's Office. Dated, 0 t7 - f By:7� RECEIVED CITY !'L'EiiK l--iTY iF HUNT!Nc 1. C'}' CALIF, -u. APR r9q LU - C) uj Q U.J t 00 Rd 'HJVD� Jc AW -V�313 -Allo 03AI339� m DATE: - ies�ay, February 15, 1994 &GLEER' S ESTIDIAi E : 17.5K PROJECT ENGLIER: RmL lIuttenberSer JOB TITLc, AM- CC;f : rB FS STADIUM MIRY and Skateborard Park; CC--886 BIDDER'S NXIE TOTAL BID X-IDUN`T 1. Backhoes Limted 2. Bo ark Ente rises 3. Carlsn's Landsca in 4. Civil Works Co oration / Q G 57 _ 5_ Clayton Engineering - - y j ,� , 5 q - - 6. Excel .�1 `i 02 7. Gillespie Construction 8. Hondo m 5ql, Q y 9. Hloxie Construction C : an 10. Dean Johison Electrical 11. L and R Electric 12. M J S Construction 13. Nkrina 14. E A ' andoza 15. Metro Builders ql, C G 0, o9c 16. ',,bore Electrical Construction 17. Plaza Landscape, Inco orated 3 73, 75 18, iZ co Construction 19. S and A Construction 20. Steinv and Canpapy 21. Tehacha i Landscape 3 C 22 . United Builders 22 1, 55 Z, 7 D 23. l akel-kn-Baker, hicorporated G - RELIANC�,%INF.�URANCE CO��'ANY HEAD OFFICE, PHILADELPHIA. PENFN1SVLVANiIA Bid Date: 4/5/94 BID BOND Bond No. n/a APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A-310 iFEB. 1970 EDJ KNOW ALL MEN BY THESE PRESENTS, that we DAMON CONST. CO. as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount of the Bid Dollars ($ 10% }, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Cash Contract No. 886 Huntington Beach High School. Stadium Entry and Skateboard Facility NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur- nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31st day of March A.D. 19 94 DAMON CONST. CO. (Principal) tseall (Title)) RELIANCE INSURANCE COMPANY J010 Brooks, Attorney in Fact BDR-2305 Ed.10-73 RELX CE INSURANCE COMP.ANY�I HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint John P. Brooks, individually, of Pasadena, California, its true and lawful Attorney(sl-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Atorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to ta) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seat is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3- Attorney(s)-in- Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved that the signatures of such directors and officers and the seat of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 24 day of August, 1993 RELIANCE INSURANCE COMPANY t [` �Vi,,resident STATE OF Washington '1er,�� COUNTY OF King Iss. On this 24 day of August, 1993 personall Lawrence W. Cadstrorn to me known to be the Vice President of the R 1 COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal to, and that Article VII, Section 1, 2, and 3 of the By -Laws of said Company,and the Resolution, set forth ther �e N0Tf#RY 0 f a PUBLIC z 3-05-96 Notary Public in and or State of Washington \� W ASS Residing at Puyallup I, Robyn Layng, Assistant Secretary of the RELIA E COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 31st day of March 19 94 S Assistant Secretary ODft-1431 Ed. 3193 M Q i�'NITED PACIFIC INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA BID BOND KNOW ALL MEN BY THESE PRESENTS, that we GILLESPIE CONSTRUCTION, INC. as Principal, hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of PHILADELPHIA, PENNSYLVANIA a corporation duly organized under the laws of the State of PENNSYLVANA Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 107. OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns jointly and sever ally, firmly by these presents. WHEREAS, the Principal has submitted a bid for HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed and sealed this 4th day of APRIL .19 94 _ BTU-2323 2190 GILLESPIE CONSTURCTION, INC. (Principal) itle) tINI EDP CIFI IN U CE COMPANY MI*ELMIC AEL D. neY-in-Fact) D. STON (Seal) UNITED _ _ XIFIC INSURANCE COMPt- 4Y HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW Ad��EN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Michael D. Stong, individually, of Riverside, California, its true and lawful Attorney(s)-'n-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of suretyship acid to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached.' IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 30 day of September, 1993 STATE OF Washington COUNTY OF King On this 30 day of September, 1993 personally appeared to me known to be the Vice President of the UNITED PACIFIC 11 foregoing instrument and affixed the seal of said corporatioyr(, Company,and the Resolution, set forth therein, are still in full !"�eY - r �. •,_� l`c) UNITED PACIFIC INSURANCE COMPANY Vice President Lawrence W. Carlstrom �PQANY, and acknowledged that he executed and attested the I,Lrticle VII, Section 1, 2, and 3 of the By -Laws of said ZLc� � L1�7�2ZCn Public in and for State of Washington gat Sumner I, Robyn Layng, Assistant Secretary of the UNITED PACIFIC IN EEP� Y, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED RANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 4th day of APRIL 19 94 ��v�cU�PP 0q4l�CF1n O y SEAL 1928 Assistant Secretary ODU-1431 Ed. 3193 BID OR PROPOSAL BOND -ate SMECO 0 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICe SAFECO PLAZA SEATTLE. WASHINGTON 98183 Bond KNOW ALL BY THESE PRESENTS, That we, CIVIL WORKS CORPORATION of (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF HUNT I NGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN -PERCENT OF Q. I D AMOUNT Dollars (S 10V. ) or the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED and SEALED this 1 1 T H day of F E BRU ARY 19 94 THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for CASH CONTRACT NO. 886, HIGH SCHOOL STADIUM ENTRY CONCRETE WORK THEREFORE, if the said contract be timely awarded to the Princip-al and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond be required, with surety acceptable to the Obligee for the faithful performance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Principal CIVIL WORKS CORPORATION FIRST NATIONAL INSURANCE COMPANY OF AMERICA l El u y C� C Attorney -in -Fact JAN1Ui- L. CAI�iPBELL ® Registered trademark of SAFECO Corporation. S-1139/EP WOO PRINTED IN U.S.A, i SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFECOO HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ) County of Ora n go ) On February 11, 1994 before me, (here inset name and title of the officer), personally appeared Janice L. Campbell Attorney -In -Fact personally known to me or prov to me on G Ois of satisfactory evl ence to be the persons whose nam s Ware - subscribed to the within instrument and acknowledged to me that helshefthey executed the same in his/her/their authorized capacity(ies), and that by hislilerltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. = SUSAN A. FARIES Signature ,LQ (Sea]) C0; {s:i. 1s10395E5 -, =k ;1 0RA.N`3 C0i1 1 i Y l:!y Con. in. Gxp, iv'vj.18,1937 S-11571EP 12/92 G) Registered trademark of SAFECO Corporation. FIRSTNATIONAL AY RNEY 4333 SEATTBR OKLYWER OF FIRST N VE N 98105 COMPANY OF AMERICA INSURANCE COMPANY OF AMERICA No. Bois KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint ■•••��r•■erreeeeerrarrrrMrMrerMeJANICE L. CAMPBELLNrre�rrrr�errr��rrr�Krrr�r�errrrrrrrrr�rr��r its true and lawful attorneys) —in —fact, with full authority to execute .on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind 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 RA PIE -SON SEC,".ET,%R•,' this 4 t h CERTIFICATE day of January , 1993 . DAN D 1.1cLEAN 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 Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal. or a facsimile thereof. may be impressed or affixed or in any other manner reproduced: provided. however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of 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 Article V. Section 13 of the By -Laws. and 00 A copy of the power -of -attorney appointment. executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. 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 Attorney issued pursuant thereto. are true and correct. and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation -�j�,r.f•CE �;� O T p O uEAL..t 1L 1928 .d this 11TH day of FEBRUARY FA P'IERSON SECR TAF;`, 19 94 S-1049/EP 1/93 G) Registered trademark of SAFECO Corporation. M '1.e4a t WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International insurance Company,& corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois, does hereby constitute and appoint * * KAREN CHANDLER, DAVID L. CULBERTSON, LINDA L. CULBERTSON, * * CHARLES L. FLAKE, DIANA LASKOWSKI AND LEXIE SHERWOOD * its true and lawful attorneys) -in -fact to execute, seat and deliver for and on its behalf as surety, any and atl bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said uaehir_t— International Insurance Company as fully and amply, to all intents and purposes, as if the same has been uuiy executed and acknowledged by its President at its principal office. This Power of Attorney shalt be Limited in amount to $2,000,000.00 for any single obtigation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors—Imptnn March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as foltows: 1. The President may designate Attorneys -in -Fact, and authorize them to execute on behalf of the Company, .. attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and V111 G1 writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized '- certify to copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of Company, and to remove, at any time, any such Attorney - in - Fact or Special Attorney - in - Fact and revoke the GVVIIVI;;J given him." 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, and Secretary, and the corporate seat of the Company, may be affixed to any Power of Attorney, certificate, bond undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking Lr...:__ such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and _ upon the company. IN TESTIMONY WH corporate seat STATE OF ILL COUNTY OF COOK International Insurancelpany has caused this instrument to be signed and ithorized offir-er, thiV30gh day of November, 1992. ••Omani, '!�_n �l CORPORATE'--- ! SEAS. ; Pj. '% ARIZONA *.. � ••....•.•sae': TON INTERNATIONAL INSURANCE COMPANY ce Pres on this 30th day of November, 1992, before me came the individual who executed the preceding instrument, to ,-- personatly known, and, being by me duly sworn, said that he is the therein described and authorized officer of s Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of Company, 1N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first --_-- written. "OFFiCIAL SEAL" ,� t- CHRISTINE ZAR.ETSKY � istine Zarets , Nbtary Public Notary P01k, State of 114nois My commission E ires October'•Z, 1996 My Comm-ss"son Expires 10-7.96 .�v-r.►+ GEZ7 1ICATE STATE OF ILLINOIS ? COUNTY OF COOK ) 1, the undersigned, Secretary of 14ASHINGTOR INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked,-H. furthermore that Article II1, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated t /29TH d bf ii %, 19 94 Lewis M. Moeller, Secretary BID OR PROPOSAL BOND BOND# 5-B PREMIUM -NIL KNOW -ALA. MM BY THESE PRESENTS: That we, UNITED BUILDERS (hereinafter called the Principal), 'as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of as Surety, are held and f irmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of CALIFORNIA TEN PERCENT OF AMOUNT BID Dollars ($ 10% - ) lawful money of the United States of America, for the payment of which well and truly to be made., we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void: otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 29TH day of MARCH , 19 94 . BDB 600201 UNITF,ZAB DEFi �1►�% r WASHINGTON INTERNATIONAL INSURANCE COMPANY gy DAVID L. CULBERTSON ATTORNEY -IN -FACT a s CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we BOPARK ENTERPRISES, INC. and CONT114ENTAL CASUALTY CCaMPANY CITY OF HUNTINGTON BEACH In the sum of , Principal, Surety, are held and firmly bound unto , Obligee, TEN PERCENT OF THE AMOUNT OF THE ACCOPIPANYING BID---- Dollars ($ 10% OF BID----- ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for "HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY" NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter Into the contract In writing and give such bond or bonds as may be specified In the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain In full force and effect. Signed, sealed and dated MARCH 29, 1994 G-23054-A CNN For All the Commitmentslbu Make' BOPARK ENTERPRISES, Principal $Y - -. t - MICHAEL A. Continental Casualty Company CNA Fiw AIihM,r'enwmItnwril, l'ou Mithe, AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint Michael A Quigley, Individually of Riverside, California Its true and lawful Attorney -in -tact with full power and authority hereby conferred to sign, seal and execute In Its behalf bonds, undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney Is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, rta point by writtencertilicates attorneys -In -fact to act In behalf of the Company in the excecution of policies of Insurance, bonds, undeakings And other obligatory Instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth In their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. ..Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorne granted pursuant to Section 3 of Article IX of the By -taws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power to executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which It Is attached, continue to be valid and bindino on the Company." In Witness *hereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 26th day of July 19_88 . �SUAI, State of Illinois I : Ca�, ..w, County of Cook ( ss • SEAL CONTINENTAL CASUALTY COMPANY J. E. Purtell Vice President. On this 26th day of July 19 88 , before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois; that he is a Vice -President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that 4 was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. aa, C DF j NOTARY N ►ueuc 'n ��1 Co..l�. Linda C. Dempsey otary Public. CERTIFICATE My Commission Expires November 12, 1990 I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth' Is still In force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of Directors, set forth In said Power of Attorney are still In force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this _aamu day Of MARCH OnIA George R. Hobaugh Assl mSecretary , Form 1.23142.8 INV. NO. G-59200-B Bond No. GWM iV&RICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that we, Hondo Company, Inc. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, City of Huntington Beach as obligee, in the penal sum of Ten percent of the bid DOLLARS (S 10% ), lawful money of the United States of Arnerica, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 4th day of April 19 94 WJIEREAS, the said principal herewith submitting proposal for Huntington Beach High School Stadium Entry & Skateboard.Facility NOW, THEREFORE, the condition of this obligation is such that, if the said 111incipal shall be awarded the said contract, and shall within ( ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the litter amount be in excess of the for r; but in no event shall the liability hereunder exceed the penal sum hereof, ti Hondo Co y, Inc. v Prinripal GREAT AMERICAN INSURANCE COMPANY By - Anar► a rn-Facr F.4116K— (3182) 1910 FORM) N �.,(4 93) GAF U AMERICAN INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202. 613-369-5600 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13194 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf ofthe said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power RICHARD C . IWYD SANTA ANA, CALIFORNIA UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of October '1993 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this . 19th day of October, 1993 before me personally appeared GARY T. DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. ti This Power of Attorney is granted by authority ofahe following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED. That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalfof the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power, of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby ccrtify that the foregoing Power`of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this day of , 19 Assis,.tnt 5cc•fCi.':1 t' S1029P(4i93) i iF SECTION C PROPOSAL for the HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY from CASH CONTRACT No. 886 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 135 consecutive calendar days, starting from the date of the Notice to Proceed. R BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is ! accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant " expenses, taxes, royalties, fees, etc., and will be guaranteed for a y g period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all C-1 L f 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. 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, of the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BIDDERS BOND in the amount of $ O7, OF PROPOSAL. 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; Ri I L C-2 L PROJECT B11D SCHEDULE HUNTINGTON REACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY j EstimateItemIte with unit price::' . Unit Price Extended FM �Qijafitity:;.: written in words Amount 900 L.F. Temporary Fencing CA-4— — Dollars Cents U 1 2. 1 L.S. El n*cal,Mobilization Dollars $ oo $ 11A- Cents 3. 9545 S.F. Clearing/grubbing Dollars Cents 4. 127 L.F. Saw cut Dollars Da $ Z $ Cents 5. 608 S.F. Concrete Demolition 194 --(-- — Dollars Cents U- 0 6. 4 EA. Veg. (tree removal) Vollarss Cents 47 DO s ISCO-00 I C-Is L kj tea ...:.Esta3isted:: Item with unit price:.. t o Unit Price: Extended Noi : QuAntsty :. wntten in words - .' . Amount 7. 22,342 S.F. AC and base removal ® Dolla e S $ I A�Q_6. OA =D-- Cents 8. 930 L.F. Chainlink fence removal Dollars �Dv $ CUD.D D Cents 9. 4 EA. Light standard removal ® ALb" Dollars Cents 10. 11,280 4" concrete paving S.F. ® Dollars 4 W-4 tt Cents 7_5 $ 51 QZb 11. 1,364 L.F. Concrete band r Dollars Co•db � � .Od �'•` Cents 12. 388 L.F. Mow strip _ (� -1—_�, Dollars $ .06 $ Cents 13. 300 S.F. Curve ramp Dollars Cents C-2s Q ltett►stirnated :;. Item with unit price Unit Price Extended Ng . : Quaniiiy; written in words Amount 14. 252 S.F. Pyramid ramp ' ® Dollars Cents 15. 586 L.F. 3' Split block wall/� ® 1:::� 'r Dollars S •OC7s 70, Cents 16. 105 L.F. 4' Split block wall ® Dollars $ � • QIZ $ � d Vents 17. 11 EA. Block pil ter Dollarsvtj • a S �15D.�0 Vents 18. 52 L.F. 3'fi" Guardrail L® — Dollars 0$ Vents 19. 394 L.F. 8' Tubular rail ® Dollars $ ;�!9.0 b $ 1 �� r`ents 20. 4 EA. 8' Tubular roll gate L (� Dollars $ b cents C-3s U M Tfem . < Estii fated ` : stern with unit price Unit Price Extended :.- Np... :. Qnantity written in words Amount 21. 30 L.F. 18" High rails at skateboard area ® Dollars $ 3' -0 $ �~Cents 22. 1 EA. Trash receptacle holder �M-`f Dollars $ p?UQ. 00 $ 25D.00 Cents 23. 1 EA. Signage` -T' Dollars $ to SAD. $ jaSZTD, •�„ Cents 24. 4 EA. Concrete bollard Dollars $ Cents 25. 2 EA. Concrete bench LQ Dollars $ r 'ab $ AM 61 Cents 26. 6 EA. Metal bollards Dollars . $ $ rents 27. 6 EA. Security li� C �� ® S $ IBM- $ Sl 00 . LYE Cents C-4s i L U41 . . . ... ..Ytem`Estimated- Jtem with unit price..:: Unit Price. Extended::':...,. . ......... No :(2uantiiy "written in words Amount:. 28. 1 EA. Electrical service 4�, Dollars U $ -56W.00 $ 5�00.0,0 Cents 29. 2 EA. Electrical o tl is at light standards -'Dollars $ $ !4m.on Cents 30. 1 EA. Lighting control U" Dollars $ _GDO. $ Nw. 00 rents 31. 1 L.S. Signage lights L 4" gr7U.0ii ;Z.700.0-0 @ liars $ $ Cents 32. 13,232 Soil preparation S.F. @ Dollars $ zz $ OO Cents 33. 560 S.F. Ground cover planting @ Dollars $ $ 437.00 VL -CA ents I 34. 12,672 Turf (hydroseed) S.F. Dollars $ .0� $ ents C-5s Q M L L L L L L L L L L ..... ..... .. Rein rstimai6d.:, Item with unit price.'' Unit Priceim",m' Extended ... . ...... No Odantitv' :'Written in words ... Amount 35. 3 EA. 24" Box trees Dollars $ OD ------- rents 36. 2 EA. 36" Box trees Ltsu-- Dollars $ Cents 37. 72 B.T.F. Palm Trees (a &411�1C14, Dollars $ rents 38. 31 EA. 1 Gal. Shrub @ - 1�n= Dollars $ $ slo.no C nts 39. 13,232 Irrigation system S.F. 7 7- Dollars $ $ 40. 13,232 90-Day maintenance S.F. @ Dollars $ • 01 $ Vents 41. 13,232 Fine Grade S.F. Dollars $ $ Zoo. D cents C-6s u TOTAL AMOUNT BID IN FIGURES: $ TOTAL AMOUNT BID IN WORDS: D" -e - � ADD ALTERNATIVES TOTAL AMOUNT ALTERNATES IN $ FIGURES: -3 34,.OD OTAL� ADDITIVE ALTERN TES WO . .tom TOTAL BID AMOUNT IN FIGURES: S } q 0 & '7f c o TOTAL BID AMOUNT IN WORDS: -7s 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. 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 4 L NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBM =D WITH BID State of California ss. County of Orange RnRFRT T.T.OYTI _, being first duly sworn, deposes and says that he amxkz is SECRETARY TREASURER of _HONDQ COMPANY 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. 2121 S. LYON STREET Address of Bidder Subscribed and sworn to before me this 5 day of APRIL , lg 94 NOTARY NOTARY SEAL C-4 ` ,- EILEEN KOLi.ENBORN rt COMM. #07►384 a q a NTMY PURM . WFORM W #Ay Comm. Ewes Feb.27.1996 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with j the operation to be performed and the hazards involved. " i 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: APRIL 5, 1994 SECRETARY TREASURER Tide C-5 M 0 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of penury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No AA 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 M 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 and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: APRIL 5, 1994 SECRETARY TREASURER Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: HONDO COMPANY INC. Bidder Name 2121 S. LYON STREET Business Address L SANTA ANA, CA 92705 L 714 ,, 434--0104 Telephone Number 373104 A, B, C--27 State Contractor's License No. and Class 4-13-79 riginal Date Issu Expiration Date The work site was inspected by MIKE WOODS of our office on 3-31 , 19 94 The following are persons, firms, and corporations having a principal interest in this proposal: HONDO COMPANY INC. MICHAEL WOODS, PRESIDENT C-9 L The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications het forth. E LE o t_ENBORN i s COMM. MA7384 WTMi7 PUBLIC - WNMIA X �►- 0PARM COY ► y Como. Fy0as FL.27.1J9* 2121 S. LYON STREET SANTA ANA CA 92705 Address of Bidder 714 434-0104 Telephone Number Subscribed and sworn to before me this —_ day of APRIL , 19-9 . NOTARY PUBLI NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. CITY OF ANAHEIM P.O. BOX 3222 ANAHIEM. CA 92805 Name and Address i Name and Telephone No. of Project Manager: KATY DAUNIS ( 714 ) 254-4465 554,895.00 NE14 PARK CONSTRUCTION 1-94 Contract Amount Type of Work Date Complet i. 2. CITY OF RIVERSIDE 3900 MAIN STREET RIVERSIDE, CA 92322 Name and Address 1 Name and Telephone No. of Project Manager:- - ._.. - ANDY EMERY - . _L14782-5743-- $649,097.00 NEW PARK CONSTRUCTION 12-93 Contract Amount Type of Work Date Comp et 3. CITY OF MONTCLAIR P.O. BOX 2308 MONTCLAIR, CA 91763 Name and Address Name and Telephone No. of Project Manager: DON GDULA (909 ) 626-8571 54 8 NEW PART 6-93 Contract Amount Type of Work Date CompletW C-10 a El F ngrneerrng Contractors PJTCINC 2121 South Lyon Street Santa Ana CA 92705 CITY CLERK, CITY OF HUNTINGTON BEACH 2000 MAIN STREET, SECOND FLOOR HUNTINGTON BEACH, CA 92648 SEALED BID FOR HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY IN THE CITY OF HUNTINGTON BEACH DO NOT OPEN WITH REGULAR MAIL