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Valley Crest Landscape Development - 2001-09-17
0 _J� City of Huntington Beach INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez DATE: March 1, 2004 SUBJECT: Retention Release Payment Company Name: Valley Crest Landscape Develcpment Address: 1920 S. Yale Street City, State and Zip Code: Santa Ana, CA 92704 Phone Number: (714) 546-9524 Business License Number:A 178650 Exp. 6/04 Local Address: Same as above Notice of Completion Date: �j Contract Purpose: Release remaining 10% money to contractor from Cash Contract 11`4'f The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. l certify that no stop notices are on fife onat #his time. Date Robert F. Beardsley, Public Works Director / it � certify that there are no outstanding invoices on file D ate ri Freidenrich, City Treasurer certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. �1 Date Connie Brockway, City Clerk Reten. Release_doc 30/2004 9:20 AM / :7 0 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: in Official Records, County of Orange Recorded Tam Daly, Cterk-Recorder Illi!Illilt!ll1�1i!!�11�1i!il�llilil�llill!i!l!l!!l+Il�lNO FE AND WHEN RECORDED MAIL TO: 200300149692611.26am 12118103 213 109 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY Il' TITLE OF DOCUMENT: NOTICE OF COMPLETION r� NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA Vv 92648, that the contract heretofore awarded to Valley Crest who was the company thereon for doing the following work to - wit: HUNTINGTON CENTRAL PARK SPORTS COMPLEX; CC 1121 That said work was completed December 9, 2003 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 Director of Public Works on December 9, 2003, per City Council Resolution No. 2002-10 adopted February 19, 2002, That upon said contract American Home Assurance 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 December 9, 2003. Director of Public Works or City Engineer Pity of Huntington Beach, California STATE OF CALIFORNIA) County of Orange J ss: City of Huntington Beach ) i, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and c that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the Coun ecorder of range County. Dated at Huntington Beach, California, this December 9, 20(� 0irector of Public Works or City Engineer v -14city of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording Tee applles) - •Q ^.54.21T! P P]r;;: fA7!g5} DECLARATION OF SATISFACTION OF CLAIMS 1, Eileen M.' Saldivar ,.5tate: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: Huntington Beach Central Park Sports Complex Phase I & Phase II and dated 9/17/2001 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") "hone„ f declare under penalty of penury that the foregoing is true and correct. 1920 S-. Yale Executed at Santa Ana, Ca 92704 on this 11th day of February , 20 04 (Location) gJc11cwupkcas` can ticashconldoc procedure #15 CompaAiy.. Valle C est La dsca e Development ` d4C Inc. l (Signature of Contractor) Eileen M. Saldivar, Office Manager 'APPROVED AS TO FOEM .;E�NTFsp McGRATH, City Attomry karab =vtt� �I �Ia 3 eputy City Atto=cy City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title Vll of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: #1121 Huntington Beach Central Park.Sports CompleX PH. T-& PH. TI Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Valle Cgest Landscape Develo ment, Inc. (Signature and title) Eileen M. Saldivar, Office Manager APPROVED AS TO FORM JET I IFER McGRATH, CityAtt,,„ay, kP arab Su} on l ty City Attorney i 2- 100 gJollowup;cashconhcashcon. dcc pr:;r;:_ure #14 TRANSMITTAL LETTER TO: Eric Charlanne DATE: 2/12/04 CitV of Huntington Beach TIME: FAX#: PHONE: 714/536-5436 PROJECT NO.: PROJECT NAME: Central Park Suts Complex Ph. I & II FROM: Dear Eric, Julianne Nguyen PHONE: 714-546-7975 VALLEY CREST FAX#: 714-546-9524 As per your letter of December 15. 2003, the following are the documents require for the release of ValleyCrest's Retentions funds for the Phase I & II Cental Park Sports Complex: 1) A Certificate of Compliance 2) Declaration of Satisfaction of Claims 3) One Year Warranty Bond As far as the punch -list items, as -built drawings for both Phase I & I1, and operations & maintennace manuals w/any special warranties, these to be follow and will be provided by my Assistant Branch Manager, Brian Chesnut. Please contact me with any concerns. Thank you for your help. Sincerely, JPanneauven �- Accounting Dept. cc: Brian Chesnut 1920 S. Yale Street Santa .Ana. Ca 927oa Phone (714) 546-7975 Fax (714) 546-9524 CITY OF HUNTINGTON BEACH 2 0 0 0 M a i n S t r e e t P. 0. B o x ' 9 0 Reber F. Beardsley, P.E. Director December 15, 2003 Brian Chesnut Valley Crest 1920 South Yale Street Santa Ana, California 92704 Subject: Central Park Sports Complex Phase 1 & II; CC-1121 Dear 1'v1r. Chesnut, C a l i f o r n i a 9 2 E 48 Department of Public Works (7 14) 536-5431 Please be advised that, as of December 9, 2003, the City has informally accepted the improvements constructed per Cash Contract 1121. This informal acceptance is limited to only: 1. A release of liability from usage of the improvements by the public. This release does not include those responsibilities for accidents occurring as a result of defective workmanship. 2. Termination of contract construction time. Retention funds withheld during this project will be released 35 days after filing a Notice of Completion with the County of Orange. In order to release the retention funds, the following items must be submitted, for approval, to the City: (� Ourriish rnish a Certificate of Compliance (enclosed). the Declaration of Satisfaction of Claims (enclosed). . IL L. . Completion of any punch -list items . 4 Furnish 1 Year Warranty Bond (100%). 5. As -Built drawings for the entire Sports Complex Phase I & 11 Projects. 6. Operations & Maintenance Manuals along with any special warranties. Should you have any questions, piease.te':ephone rre at (714) 536-5430. Very truly yours, Eric R. Charlonne Contract Administrator Enclosures xc: - - File CC-1121 "City Corresp" JOB # +�y XC: FAX COPY TO: JOB FILE SECTION: LOGGED: RECEIVEn OTC 17 2003 VALLLY c ht;6 i G.C. inIo= m-cptarce RECEIVED BY: ll - I nn t'(-�'�6 (Date) �� T CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signingldating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer-,,, FROM: DATE: — 5� — - SUBJECT: Bond Acceptance I have received the bands for /�J � C-�:. - � j � (C pany Name} � 6/� i�.; i� !+`,'' T` 6 1- I 1 Faithful Performance Bond No. y. r Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 13 K& /!I Re: Tract No. CC No. MSC No. Approved (Council Approval Date) Agenda Item No. City Cleric Vault No. / (1l). 65 427 g:lfollowupibondletterAoc AIU Insurance Company American dome Assurance Company Granite State Insurance Company The Insurance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh. Pa. New Hampshire Insurance Company MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: �, Bandd e American international Companies Principal Bond Office 70 Pine Street, New York, N.Y. 10270 That VALLEYCREST LANDSCAPE DEVELOPMENT. INC , as Principal, and AMERICAN HOME ASSURANCE COMPANY as Srety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as u'b:gee, in the full and just sum of Seventeen Million Five Hundred Seventy Two Thousand Four Hundred T-,ir-j Nine and 001100 Dollars ($17,572,439.00 _ ), for the payment of which sum, welt and truly to be made, the Principal wd Surety hind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has entered into o written contract dated 9117101 with the Obligee for Huntington Beach Central Park Sports Complex (CC1121) ,and WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the per.od of 1 Year after approval of the final estimate on said job, by the owner, against all defects in workmanship and matertai; which may become apparent during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall indemnify the Obligate for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the aforesaid period, then this obligation shall be void; otherwise to remain in full force and effect. Signed, seated and dated 219/04 r r n _ r VALLEY EST NQ C P r-PP f '�1 IPr '- [Soli Eileen Saldivar, Office Iwitnessl / Manager ll gy J Gr Z!/enbacher Bond No.283190 By A Ttorney-i n- Fact .s7z5 :a ar. APPROVED'AS TO FORM-. �'1'2NIWER MtRATH, Cis;-.:iomey ,��'a�. `.i. v`,z.� r�"n/��". �;;� -.:-. .�'�����,'.�:-_: �a �� „fit:"_._ `-*"��..'.?z' a'?`�'2�:,��_ _f��;.x: �'rv''�`9�'+�.,_�"_fA✓/,,>� .�„��c��. _ �'�d`� ..._._Y, -=�, :. State of California County of Los Angeles On FEE 0 9 '- before me, Lisa L. Thornton Notary Public, personally appeared Clarice Lee personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. LSA L TNTON CCUM. 0 1408472 � "OT"Y PL*IC CA[ a) Z a)tOS ANGEl@8 !.owy American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office; 70 Pine Street, New York, N.Y. 10270 No. 05-B-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York .corporation, and National Union Fire Insurat:Ce Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ---Tracy Aston, Peter Arkler, C. K. tiakamura, E. S. Albrecht, Jr., Lisa L. Thornton, William A. Sadler, Dennis T. Menard III, Maria Pena, Betty Walker, Tom Branigan, Marina Tapia, Clarice Lee, Richard E. Bigley, Joyce Herrin: of Los Angeles, California — its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have eac" executed these presents 7\'"""'""'� STATE OF NEW YORK } COUNTY OF NEW YORK )ss. On this 15th day of December, 2003 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa -,.to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. this 15th day of ecember. 2003 1 chael C. Fay, Vic President D41401NY NoietY Publr, Stela of NewYork . Na M PA606MI t]uellfltad In Richmond Courdy Comffftslon Expires June 25, 2007 CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American }-tome Assurance Company and National Union Fire Insurance Company ol' Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President_ or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds_ undertakings, recognizances and other contracts of indemnity and writings obligatory is the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business-. "RESOLVED, that the signatures and attestations of such o*t:cers and the seal of the Company may be affixed to any such Power of Attorney or to aii% certificate relating thereto by facsimile, and any such Poker o, Attorney or certificate bearing such facsimile signatures or facsimile seal shall be va!id and binding upon the Company %,.hen so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory ir. tlw: nature thereof; "RESOLVED, that any such Attorney -in -Fact delivering. a secretarial certification that the foregoing resolutions still be in effect may insert in such. certitica:ion the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." 1, Elizabeth N1. Tuck, Secretary of .American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby ceni:} that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto. are true and correct. and that both the Resolutions and the Powers of Attorney are in Bill force and effect. I` WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal oi'each corporation this da- of EEB 0 9 21304 1. - lizabetit %l. Tuck, Secretary r r 63166 i= -9: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On February 11, 2004 before me, Eileen M. Saldivar, Notary Public Date Name and Title Personally appeared Greg Nlotschenbacher , Name(s) of Signer(s) ® personally known to me -- OR --❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he'she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument --�-� the person(s), or the entity upon behalf of which the person(s) acted, Elt_EEN M. 5AL11 VAR executed the instrument. Commission # 1329797 Z Notary Public - Califamia �_ WITNESS my hand and official seal. Orange County My Com n. Expime Nov 12. 2005 i C l� Signature of Notary OPTIONAL, Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) CIaimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Company Profile Page I of 2 AM Department c , Company Profile Insrance AIU INSURANCE COMPANY 70 PINE STREET NEW YORK, NY 10270 888-244-2736 Former Names for Company Old Name: AMERICAN INTER-IATIONAL INSURANCE Effective Date: 06-06-1977 COMPANY Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Sen•ice of Process? .Reference Information NAIC #: 19399 NAIC Group #: 0012 California Company ID #: 0351-7 Date authorized in California: March 12, 1912 License Status: UNLD41TED-NORMAL Company Type: Property & Casualty State of Domicile: NEW YORK Lines of Insurance !authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LL-kBILITY DISABILITY http:/!Cdins"ww.insurance.ca.c,ov,/pls.'I�-u co lines/idb co prof utl.get co prof?p ... 3/102004 Company Profile Page 2 of 2 FIRE LIABILILTY rvfARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information t t Company Enforcement Action Documents Company Performance & Comparison Data Composite_ Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - February 18, 2004 03:13 PM Copyright 0 California Department of Insurance Disclaimer http://cdins�,,�v,.%�.insurance.ca.gov/pls/wu___c_o lines/idb co prof utl.izet co nroPD ... 3I1/2004 CITY OF HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES Jennifer McGrath, City Attorney RLS No. Assn To Date Date: Request made by: Telephone: Department: March 1, 2004 uric Charlonne x-5430 Public Works INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach -all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ OrdinancelResolution ❑ Opinion ® Contract/Agreement (Allow 5-20 working days)* (Allow 20 working days)` (Allow 15-20 working days)* ❑ General Legal ❑ Document Review Assistance (Ongoing) (Allow 2-10 working days)* * All deadlines are based on the date the City Attorney's Office receives the RLS. This req s r iewed and approved. Signature of JApartment Head COMMENTS Please identify all attachments to this RLS. Please review and approve "As To Form" the attached One Year Maintenance Bond and attached documents from Valley Crest Landscape Development for the Central Park Sports Complex Project, Phase I and II, CC#1121. Attached 1. Maintenance Bond, #283190 2. Certification of Compliance 3. Declaration of Satisfaction of Cllains Shaded areas for City Attorney's Office use only. This request for Legal Services has been assigned to Attorney RE CEIVED MAR o 1 N04 City of Huntington ff each City Attorney' extension . His/her secretary is , extension Notes: I Date Completed: Maw RI S fnrm rinr .'11119MU A -IA AAA STATE OF CALIFORNIA GRAY DAVIS, Got'et-nor DEPARTMENT OF INDUSTRIAL RELATIONS mow„ DIVISION OF APPRENTICESHIP STANDARDSt1'. i i' L; 455 GOLDEN GATE AVENUE, 8T" FLOOR HUNT �'�' I ":-rt:;ri. CA r-' r'` SAN FRANCISCO, CA 94102 �"' (415) 703-4920 1003 MAR —�, ti ADDRESS REPLY TO: P.O. Box 420603 San Francisco, CA 94142 NOTICE OF DISMISSAL February 19, 2003 Kato Cooks, Investigator SysTech P. O. Box 1372 Walnut, CA 91788-1372 RE: Huntington Beach Central Sports Complex -Phase 1, Contr_act No. 1121 -- DAS Complaint #2002-0545 Respondent: Golden Sun Construction, Inc. Dear Mr. Cooks: This letter is to advise you of the dismissal of the above referenced complaint. Our investigation shows, that Golden Sun Construction, Inc. did not employ ironworkers as there was no iron work involved on that portion of the above described public works project 'subcontracted to respondent by Valley Crest Landscape, Inc., the prime contractor. Available investigation information reveals that, another company, H & Y Rebar, Inc., fabricated the robar off -site and provided the rebar to respondent. Our investigation also shows, that respondent performed carpentry, cement mason and laborer work on the project in question. An examination of the available certified payroll reports shows that respondent employed registered apprentices on the abovementioned project. DAS had verified that respondent is a signatory to the carpentry, cement mason and laborer apprenticeship program/s. DAS finds this complaint to be without merit. Therefore, it is dismissed. No further action will be taken. If you have any questions, please contact Victor D. Aguirre at 415-703-4934. Sincere w, ENRY P.' NUNN ZhIII. Chief Cc: Golden Sun Construction, Inc. Valley Crest Landscape, Inc. City of Huntington Beach, Attn.: Public Works Dept. File 9A, j ,lyl CITY OF HUNTINGTON BEACH C� a INTERDEPARTMENTAL COMMUNICATION TO: Robert Beardsley, Public Works Director FROM: Connie Brockway, City ClerkC� RE: Communication from Department of Industrial Relations re: C-1121 —Central Sports Complex - Valley Crest Landscape DATE: January 13, 2003 The bid advertisement dates were June 28, July 5 and July 12, 2001. Please inform me as to which City Department fills out the form the State enclosed. Please advise me if your department has a DAS 13 form, as I am not familiar with the term DAS 13 form. - The date the State ne s the information is January 24, 2003 g1ebmamos12003cbmemfrbreadalaylDAS13 doc I — J 4;v� -, P `� k � �c n03 i - , DEPT. OF PUBLIC WORKS a • E I. CITY OF HUNTINGTON BEACH ` INTERDEPARTMENTAL COMMUNICATION TO: Robert Beardsley, Public Works Director FROM: Connie Brockway, City Clerk RE: Communication from Department of Industrial Relations re: CC-1121 —Central Sports Complex - Valley Crest Landscape DATE: January 13, 2003 The bid advertisement dates were June 28, July 5 and July 12, 2001. Please inform me as to which City Department fills out the form the State enclosed. Please advise me if your department has a DAS 13 form, as I am not familiar with the term DAS 13 form. The date the State needs the information is January 24, 2003 ✓-_ , '0� � d� g:lc b m e m os! 2 00 3cb m e m! rb r e a d s l e y! DA513. d o c r� STA i E OF CALIFORNIA GRAY DAVIS, Governor DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS 455 GOLDEN GATE AVENUE, 8"' FLOOR SAN FRANCISCO, CA 94102 0 (415) 703-4920 ADDRESS REPLY TO: P.O. Sox 420603 San Francisco, CA 94142 January 10, 2003 City of Huntington Beach Attn.: City Clerk 2000 Main Street, Second Floor Huntington Beach, CA 92646-2702 RE: Huntington Beach Central Sports Complex -Phase I — DAS Complaint #2002-0545 Respondent: Golden Sun Construction, Inc. Gentlemen: A public works complaint has been filed by Kato Cooks/SysTech against the above -mentioned respondent for alleged violations of California Labor Code Section 1777.5 for the public works project referenced above. According to the complaint, Valley Crest Landscape, Inc. was the general_ contractor for this project. Please send me a copy of your completed Extract of Public Works Contract Award Form (DAS 13). If you do not have a completed DAS 13, please complete the enclosed copy of the DAS 13 form. Please also provide us the Bid Advertisement Date for the project referenced above. If a Notice of Completion has been filed by your office with the County Recorder's Office, please provide us with a copy of that Notice with its filing date. Please send the requested information to the above mailing address by January 24, 2003. Please indicate the DAS Complaint number on the face of the completed Extract of Public Works Contract Award Form. If you have any questions, please give me a call at 415-703-4934. Thank you for your assistance. ly, Apprenticeship Consultant Enclosure/s Cc: File 0 0 STATE OF CALIFORNIA GRAY DAVIS, Goverunr DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICE -SHIP STANDARDS 455 GOLDEN GATE AVENLTE, 8TH FLOOR m t �° SAN FRANCISCO, CA 94102 (415) 703-4920 ADDRESS REPLY TO: P.O. Box 420603 San Francisco, CA 94142 NOTICE OF COMPLAINT Date: January 10, 2003 Respondent: Golden Sun Construction, Inc. Complainant: Kato Cooks/SysTech Awarding Agency: City of Huntington Beach Complaint No.: 2002-0545 Project: Huntington Beach Central Sports Complex -Phase I The Division of Apprenticeship Standards (DAS) has received a complaint alleging that you are not in compliarice with Labor Code Section 1777.5. The alleged violation(s) is/are as follows: X Failure to provide the applicable Apprenticeship Committee(s) with notice of contract award in a timely manner. X Failure to request dispatch from the applicable Apprenticeship Committee(s) registered apprentices and/or failure to employ registered apprentices and/or failure to comply with the required apprentice to journeyman ratio. Failure to properly employ apprentice(s) by assigning apprentice(s) to perform work outside the craft.or trade of the apprenticeable occupation: _ Failure to make the required training fund contributions to a registered apprenticeship program or to the California Apprenticeship Council (CAC). Failure to provide the applicable Apprenticeship Committee with a verified statement of the journeyman and apprentice hours performed on the contract. If you disagree with the above allegation(s), please submit evidence postmarked by January 24, 2003 to show you complied with California Labor Code Section 1777.5. THIS WILL BE YOUR ONLY NOTICE. Should you fail to comply with the requirement/s of this Notice, procedures for determination of noncompliance may be initiated pursuant to Labor Code Section 1777.7. Noncompliance will result in civil penalties and denial of the right to bid on or receive public works contracts for a period of up to three (3) years per California Labor Code Section 1777.7. Enclosed are DAS materials to assist you in complying with public works requirements consisting of Excerpts from the California Labor Code relating to Apprentices on Public Works, and Summary of Requirements, Apprentices on Public Works. Also enclosed are a DAS 140 (Public Works Contract Award Information Fgrm) and a CAC 2 (Training Fund Contributions Form). If you have any questions, please give me a call t (415) 703-4934. SincdrelY,• i• Enclosure/s Cc: Awarding Body Complainant General Contractor File 0 0 STATE OF CALIFORNIA - DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS TO: California Department of Industrial Relations Division of Apprenticeship Standards P.O. Box 420603 San Francisco California 94142 FROM: AWARDING AGENCY EXTRACT OF PUBLIC WORKS CONTRACT AWARD A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SECTION 1777.5 HAS BEEN AWARDED TO: 2. NAME OF GENERAL CONTRACTOR 3. CONTRACTOR'S LICENSE NO a. MAIL ADDRESS (STREET NUMBER OR P.O. BOX) 5. CITY G. ZIP CODE 7. TELEPHONE NUMBER 8. ADDRESS OR LOCATION OF PUBLIC WORKS SITE ( INCLUDE CITY AND/OR COUNTY) 9. CONTRACTOR PROJECT NUMBER 10. DOLLAR AMOUNT OF CONTRACT AWARD $ 11. STARTING DATE (ESTIMATED OR ACTUAL) 12. COMPLETION DATE (ESTIMATED OR ACTUAL) MONTH DAY YEAR MONTH DAY YEAR WSE NUMBERS) / / (USE NUMBERS) 13. TYPE OF CONSTRUCTION (HIGHWAY, SCHOOL, HOSPITAL, ETC.) 1�• NEW CONSTRUCTION [—] ALTERATIONS 15. CLASSIFICATION OR TYPE OF WORKER (CARPENTER, PLUMBER, ETC.) THAT WILL BE EMPLOYED BY THE CONTRACTOR(S) 16. Is language Included In the Contract Award to effectuate the provision of section Yes No by 1777.5, as required the Labor Code?................................................................ Is language included in the Contract Award to effectuate the provisions of Section Yes 0 No by Labor 1176, as required the Code?.................................................................. 17. SIGNATURE 18. TITLE 19. DATE 20. PRINTED OR TYPED NAME 21. TELEPHONE NUMBERS Dupl4atian of this form is permissible DAS 13 (rev. 5/01) , j. ng _City of -Huntington Beach Official Copy ��� -- - _ ---_ '_---__-___'__--__ '___-.----' - Key words ~cc, spmn$.Status ~Aoyme Alpha Category Entered Status DeoNo/Typm Expires Box ID Label VA 800]86 12/01/2001 Acbve 17791 11/17/O1:Valley Crest - Bid and Award Construction Contract CC- 1121Huntington Central Park Sports Complex Total Records Selected- ' ^ ^ ` ! ��. . ` � ' ^ ` ' . ' . _ _ ^ - .�^ ` ^ ' . ' . ' Page 1 of 1 W City of Huntington Beach minutes Official Copy Vb Office of the City Clerk - -Ti1is.•inforrriatioh has:origiriated from the:City,cwi� 's'Office Key woes = cc, 1121 ID Category Volume Page Date Keywords 46279 600.80 62 25 06/18/2001 City Council -Approved Plans & Specifications & Authorized Advertisement for Bids for Huntington Central Park Sports Complex CC-1 121 -Approved Sample Construction Contract 46828 600.65 62 26 09/17/2001 (City.. Council) Accepted Bid and Awarded Construction Contract to Valley Crest for the - Huntington Central park Sports Complex, CC-1121. Total Records Selected: 2 January 13, 2003 11:42 AM Page 1 of 1 l ?i=e:2?1 !CA] [PUBLIC] ;O.•:SER) Redo-dir:g Requested by and Ret-_= .Davis .,-olesale _lectr4C, --C. 11581 Vanowen Street North :Hollywood, CA 91605 ��� piPl6 • .DPw I C-astomar; ELECTRO CONSTRUCTION to:I P.C. 4: Project: C"EN-_'R L ?PJt Rec ID: 0T00VAB8Q p I Job # : ] Cert r;o.: 7001 2510 0002 2192 7760 / pC PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) (California Civil Code Sections 3098, 31-11, 3241 & 3252 at: Seq.) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE XNTEGRITY OF ANY CONTRACTOR OR.SUBCONTRACTOR TO THE OWNER OR REPUTED OWNER 1. The following is a general description of CITY OF F!UNTINGTON BEACH the labor,service,eauipment or !T_erials CITY CLERK rurnished or to be furnished by the undersigned: 200 MAIN ST Electrical Materials Huntington Beach, CA 92648 2. Estimated Price: $90,000.00 TO ORIGINAL OR REPUTED CONTRACTOR 3. The name of thie person who furnished VALLEY CREST LANDSCAPE :-at labor, service, eq_ipir.ent or 1920 S YALE STREET Materials is: Santa AnA, CA 92704 Davis Wholesale Electric, Inc. 11581 Vanowen Street North Hollywood, CA 91605 S. The name of t-e person who contracted for TO LENDER, SURE_'Y OR BONDING CO. pu=c ase of that labor, service, equipment AMERICAN HOME INSURANCE or mater_a_ is: 121 SPEAR ST ELECTRO CONSTRUCTION CORP San Francisco, CA 94105 3021 ROWENA AVE Los Angeles, CA 90039 Acct/Bond# 283190 5. Te descrip_ion of to jobsite is: CENTRAL PARK BTWN GOLDENWEST & GOTHARD ST Huntington Beach, CA County of Orange NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THE UNDERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH MATERIALS FOR THE AEOVE-DESCRIBED PUBLIC PikOJECT, AND WILL LOOK TO YOU AND YOUR SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THEM. I dec=ai=e that I am authorized to file this claim on behalf of :-e claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of per4ury that the foregoing is true and correct. Executed at North Hollywood, California on 11/15/2002 for DAVIS WHOLESALE ELECTRIC, INC.. By: :Xim) Morrow, Credit Manager Phone: {819) 7c4-11cl cox: (818) 764-1531 PROOF OF'SERVICE BY MAIL AFFIDAVIT I decl= tha I served a copy of the above document, and any related documents, by (as required by law) first- ass, certified or registered mail postage prepaid, addressed to the above nailed parties, c_ ddresses listed above, on11/15/2002. I declare under penalty of perjury that the foregoin3 's tru- and cor r ect. Executed at Nor:K Hollywood, California on 11/15/2002. ti C= B - y Pat Roushel Accounts Receivable co C-) N x' PROOF OF PUBLICATION finents. gContr cfor NOTICE INVITING: Ttp1e SEALED BIDS _ may substitute an for the _ escrow holder surety of. HUNTINGTON- equal value to the reten- STATE OF CALIFORNIA) tion in accordance with. BEACH CENTRAL the provisions of the Cal-` .. . PARK SPORTS ifornia Government COMPLEX- Code, Section 4590. } SS. • CASH CONTRACT The Contractor shall be, County of Orange ) No. 1121 beneficial owner of the. CUP No. OG-60 surety and shall receive interest thereon. • j any The AGENCY hereby' and an I am a Citizen of the United States and a Veri, #00.24 affirmatively ensures i that -minority business-j in the enterprises will be Elf - resident of the County aforesaid; I am CITY OF -forded full opportunity to ; HUNTINGTON submit bids in response over the age of eighteen years and not a BEACH to this notice and will not - PUBLIC NOTICE IS be discriminated against{ -on basis party to or interested in the below HEREBY. GIVEN that the of race,: the CITY OF HUNT- color, origin,: -sex. .ex, O or religion) kNGTON BEACH, as ancestry. entitled matter. I am a principal clerk of 'AGENCY. invites sealed -n any, consideration bids for the above stated .leading to the award of the HUNTINGTON BEACH INDEPENDENT, a ,projectsIand will. receive contract. , such'blds In the office of No bid shell be con• newspaper of general circulation, printed the City Clerk, Second sidered unless It is .Floor, 2000 Main Street, prepared on the ap- and published in the City of Huntington Huntington Beach, Cali- Proved. Proposal forms fomla 92648. up to the in conformance with the to Bidders. Beach County of Orange State of hour of 2:00 p.m. on Instructions August 2, 2001. Bids - will The bid must be ac companiod by a ► open. in the .certified be public) b cashier's check, California, and that attached Notice is a Council &ambers un-'oheck, r bidder's band made true and complete copy as was printed lass otherwise posted. a able 'lc, the AGENCY Copies of -the Plans, for amount no -less Specifications, and con - and published in the Huntington Beach trathan 10%.of'the amount ct documents as bid: listed below, are avail - ' The bidder and Fountain Valle issues of said Y able from the Office of successful the Director of Public shell be Ilcensed in ac- newspaper to wit the issue(s) of: •Works, 2000 Main cordance with provisions Street, Huntington of the Business and Professions Code and Beach, CA 92648, upon payment of a S250.00 shall .possess a State non-refundable fee If Contractor's License picked up, or payment of Class at the time this June 28, 2001 a $300.00 non-refun• contract is awarded. The dable fee it mailed. successful . Contractor y 52001 ,Package of drawings and hisSubcontractorsJul, will be required' to Sppecificatlon.book -I. • Cotechnical • Report possess business July 12, 2001 (Soil Report) prepared licenses ,rem the b - AMEC ` Earth and AGENCY, j Environmental dated A Pre -bid meeting will; November 28, 2000 i.be held on Friday, July 20. 2001, at 2:00 m.. at •'Excavation Menage -I P 1 ment Plan by the Contra! Library, 7111 1 declare, under penalty of perjury, that prepared AMEC - Earth and, Talbert Street, in meet-. ` C for the the foregoing is true and correct. Environmental dated ing room January 30. 2001 purpose ol.reviewin0 bid documents, :receiving • SCAQMD Construction of Landfill Gas Extrac- bidder questions, and tion Well System Permit reviewing the site. • SCAQMD Landfill Construction schedule Executed on July 12 2001 _Gas Blower Facility Permit' -s approximately sixteen • SCAQMD Landfill Can. (16) months. at Costa Mesa, California. densate Management Statement- of probably. System Permit - construction' cost Is ap-I Any contract entered proxi_mslefy S13.6 mil-. into pursuant to this no. lion. tics will incorporate the The AGENCY rovisions of the'State serves the right to reject - fre- Labor Code. Pursuant to any or ail bids, to waive any irregularity and to the provisions of the Le- bar Code of the State o1 take all bids under Cal -forma, the- min -mum advisement for a prevailing rate of -per maximum period of 60 diem wages for each dayys. craft, classification' Or BY ORDER- of the - type of workman needed CITY OFCOUNCIL HUNTINGTON to execute the- contract NGTO Signature tur .- H, CALIFORNIA. shall be those BEACH,.- e de- the tda of June. termined by the Director y of industrial Relations Of 2001. the State of California, .Attest:.. which are on file at the Connie Brockway Office of the Director of - CITY CLERK OF THE Public Works, 2000 "CITY OF HUNTINGTON Maln Street, Hunlington BEACH - Beach, CA 92648. . Published Huntington The AGENCY will de-: Beach. -Fountain Valley duct a 10% retention' Independent June 20, July 5, 12. 2001 071-958 SECTION A �•��td °�-��' D) 07 z - 01 NOTICE INVITING SEALED BIDS for the HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX CASH CONTRACT No. 1121 CUP No. 00-60 and Variance # 00.24 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 projects 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 August 2, 2001. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents, as listed below, are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $250.00 nonrefundable fee if picked up, or payment of a $300.00 nonrefundable fee if mailed. • Package of drawings ■ Specification book ■ Geotechnical Report (Soil Report) prepared by AMEC Earth and Environmental dated November 28, 2000 ■ Excavation Management Plan prepared by AMEC Earth and Environmental dated January 30, 2001 ■ SCAQMD Construction of Landfill Gas Extraction Well System Permit ■ SCAQMD Landfill Gas Blower Facility Permit ■ SCAQMD Landfill Condensate Management System Permit Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590.. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. A-1 The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. 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 of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A pre -bid meeting will be held on Friday, July 20, 2001, at 2 p.m. at the Central Library, 7111 Talbert Street, in meeting room C for the purpose of reviewing bid documents, receiving bidder questions, and reviewing the site. Construction schedule is approximately sixteen (16) months. Statement of probably construction cost is approximately $13.6 million. 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 18t' day of June 2001. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-z .. File:30 [CA][PUBLIC][COPY:EST] I Customer: Nelson 6 Belding Contracting Recording Req--ested by and Return to:1 P.C. #: 10001 T=iL=ph Geo-Synthetics, Inc. Project: Central Park Sports Complex i Rec ID: OKOOVZK9C P. 0. 5ox'5391 I Job #: 1310-16 F-.:-lerzon, CA 9283- I Cert No.: PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) {California Civil, Code Sections 3098, 3111, 3241 G 3252 at: Seq.) THIS IS NOT A LTEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO 73E OWNER OR REPUTED OWNER 1. The Following is a general descrintio^ of Huntington Beach PWD the labor,service,equipment or materials Attn: City Clerk furnished or to be furnished by the undersigned: 2000 Main Street, 2nd Floor See Exhibit C Huntington Beach, CA 92648 2. Estimated Price: $7,443.47 ':C ORIGTNAL OR REPi;TED CONTRACTOR 3. The name of the person who furnished Nelson 6 Belding Contracting that labor, service, equipment or P. O. Box 2126 materials is: Gardena, CA 90247 Triumph Geo-Synthetics, Inc. P. O. Box 5391 Fullerton, CA 92838 4. The name of the person who contracted for TO LENDER, SURETY OR BONDING CO. purchase of that labor, service, equipment or material is: Nelson S Belding Contracting P. O. Box 2126 Gardena, CA 90247 5. The description of the jobsite is: Central Park Sports Complex Labor or Materials Information: Exhibit C 18121 Gothard St. Huntington Beach, CA County of Orange VA (00. LS Dfw t-c{ g6N4 0(-134-? NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THE UNDERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH MATERIALS FOR THE ABOVE -DESCRIBED PUBLIC PROJECT, AND WILL LOOK TO YOU AND YOUR SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THEM. I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents t-ereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at Fullerton, California on 05/31./ 002 for TRIUMPH GEO-SYNTHETICS, INC.. By: Cissy McCaa, President Phone: (714) 237-1550 Fax: (714) 237-1549 PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by (as required by Law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, -on 05/31/2002. I declare under penalty of perjury that t^e foregoing is t .:e and correct. Executed at Fullerton, California on 05/31/2002. By: Jim. K�.e, Sr. Consultant .0 Exhibit C - Complete Description of Materials or Labor Supplied Owner: Huntington Beach PWD Attn: City Clerk Project: Central Park Sports Complex The following is a complete 'list, to the best of our knowledge of all Materials or Labor, which by agreement, were supplied or will be supplied by: Triumph Geo-Synthe tics, Inc. Mira_`i 7XT Geogrid Add '_tional order on 5/14/2002 of Mirafi 7Xrn Geogrid Triumph Geo-Synthetics, Inc. P. O. Box 3391 Fullerton, CA 92838 Phone: (714) 237-1550 Fax: (714) 237-1549 Huntinaton Beach _7VD Attn: City'Clerk 2000 .fain Stree-=, 2nd Floor Huntington Beach, CA 92648 05/31/2002 RE: NOTICE TO OWNER OR PUBLIC ENTITY To the Public Entity: We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the: Central Park Sports Complex project, located at 18121 Gothard St., Huntington Beach, CA Such labor, services, equipment cr materials were contracted for by: Nelson & Belding Contracting , P. O. Box 2126, Gardena, CA 90247 , who is one of the owners, genera- contractors or subcontrac:ors of this project. We are further required by law to notify you at this time thazi if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to mechanic's liens or stop notices, or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended -to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given merely to comply with the laws of this state. However, to fully protect yourself you may consider (1) requiring your contractor to furnish a signed release from the person or firm giving you this notice before :Waking payment to your contractor, or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hone it is progress_rg to your satisfaction. Should you have any questions concerning this request, please feel Free to call me personally at (714) 237-1550. "hank you. Sincerely, By 14) 237-1550 Fax: (714) 237-1549 VA 6.a• 49- cc - I17-1 asf 31 oZ t.c L Dated: 05/29/02 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor 1 - You are hereby notified that Reputed Owner ABC CONSTRUCTION SPECIALTIES CITY OF HUNTINGTON BEACH 1777 W ARROW HIGHWAY #409 CITY CLERK UPLAND CA 91786 2000 MAIN ST HUNTINGTON BEACH CA 92648 Reputed Construction Lender or Lessee CO# CENTRAL PARK SPORTS COMPLEXIBON4# 2831901AMERICAN INSTITUTE OF ARCHITECTSI70 PINE ST/NEW YORK NY 10270 Reputed Original Contractor VALLEY CREST LANDSCAPE 1920 S. YALE ST SANTA ANA CA 92704 A.D.C. UNKNOWN NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANICS' LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A RELEASE SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT TO YOUR CONTRACTOR OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. 2 - Has furnished or will furnish labor, services, equipment, or materials of the following general description: COATINGS, SEALANTS, ETC. 3 - An estimate of the total price of the labor, services, equipment, or materials furnished or to be furnished is: $ 5,000.00 4 - The building, structure or other work of Improvement Is located at: SPORTS COMPLEX CENTRALPARK GOLDEN W ESTITALB ERIGOTHARD & ELLIS STREETS HUNTINGTON BEACH CA 5 - The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: ADVANCED CONCRETE RESTORATION 1038 E BASTANCHURY RD FULLERTON CA 92835 6 - Name and address of Trust Funds to which Supplemental Fringe Benefits are payable (if applicable): 7 - Jobsite Is Federal Public Work Title 40 USC Sec. 270A-270E. Contract # Bond Co: Signed Authorized Agent Construction Notice Services, Inc. i -500 366-5660 National Ready Mixed 15821 Ventura Blvd. Encino, CA 91436477 ;l:..rEhT1F1ED MAIL' Oki i 7100 6309 2640 1362 2187 RETURN RECEIPT REQUESTED HasetS'a2 � ; , 394 Forma% C 68e49e3 **** OWNER/REPUTED OWNER **** o CITY OF HUNTINGTON BEACH n CITY CLERK 2200 MAIN ST. HUNTINGTON-BEACH, CA .92648 '� `� �+ � � '!'� f � � L � �{tIEtI1�Eli�liEljll'IlIIF11�EIIIiEli�j1lll�kllifli{I�il11� l �--- CERTIFIED MAIL NUMBER GALIFORNIA:PRELIMINARY NOTICE `,,M';' 77-wi;QQ=63Q9 in accorqlance 3097 and 2640 1362 2187 3098,California CivlCodeITHIS ISNOT A LIEN. This is NOT a reflection on the integrity df any contractor or subcontractor. You are hereby notified that t f: : = :' n.� c `? ,3`.; °, _ -z is e rr ,_ r n C , has furnished or will furnish labor, service, equipment or' -material of the following general description: `"= ,t,s'._I.1-:"''f '�' �' `'� ' S '�': ; F t:a r ` z� for building structure, or other work of improvement . located at r:r,, : is"±i� r E ...._:c' r, -A1:.,T- .-, � ;;; ti L G.rP , i:t? J�4 1 The name of the person or firm who contracted for the purchase of such -labor, services, equipment or material furnished is An estimate of the price of the labor; `t�eii ices, equipment or material i5 total �ir�+li�i'y�'_f' NOTICE TO PROPERTY OWNER ° _ •, ! '. : ; r '? ti ; �_.."� it ;' i it plus are out paid In Ut tar the taw, "Mcas, topmant w matarlids terntshsd o " s or to he furnished. I mechanle's Ilan loading to the Ian. through court foreclosure proceedings. at all or part of Your property being to improved my ha placid agaimd the property even though you bare paid your contractor in full. Tau may Wish In sii i .71.. ' ._f ._ ;3 7+!z, prated yourself against this consequence by III ngalrina your contractor to turalsll a signed release by the person or firm giving you this notice before making payment ' to your contractor or (R) any other method or device that Is appropriate undar the E circumstances. aa Utr�A�r _DI T V IT air 9lc0l2?2 4 k x J "'.; F i11 : y t ! • f �f lF �F 7F Llt!I1�I1' I� � PE PU TC L CIi�r O I,l�Fa��];4,j:-rEIN P%'fi��i C17Y CLERK -...T ,. UNT:N5TGNI i Triumph Geo-Synthetics, Inc. P. 0. Box 5391 FulIertcn, CA 92838 Phone: (714) 237-1550 Fax: (714) 237-1549 Huntington Beach PWD Attn: City Clerk 2000 Main Street, 2rd Floor Huntington. Beach, CA 9264E O1/11/2002 RE: NOTICE TO OWNER OR PUBLIC ENTITY To r-he Public Entity: M%1 NMV f -mb �Wlil- = ai-ly-o2 a Cc-112l N _ CD c-J tv _ w C") n We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or :materials of the type described on the enclosed standard form for the work of improvement known as the: Central Park Sports Complex project, located at 18121 Gothard St., Huntington Beach, CA Such labor, services, equipment or materials were contracted for by: Nelson 6 Belding Contracting , P. 0. Box 2126, Gardena, CA 90247 , who is one of the owners, general contractors or subcontractors of this project. we are further required by law to r_ctify ycu at this time that if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to Mechanic's liens or stop notices, or a notice to wi-hhcld funds may be 'filed where applicable. The enclosed notice is not intended to reflect in any way on the integr4ty or credit standing cf the contractors involved in this Job, but is given merely to comply with the laws of this state. However, to fully protect yourseif you may consider (1) requiring your contractor to furnish a signed release From the person or firm. g-ving you this Notice before making payment to your contractor, or (2) any other met_zod or device which is appropriate under the circumstances to guarantee payment of tl-:-s debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerni= this request, please feel free to call me personally at 1,714) 237-1550. Thank you. Sincerely, By: Lissy Mc , ?resident Phone: (714) 237-1550 Fax: (714) 237-1549 File:30 [CA][PUBLIC][COPY:EST] I Customer: Nelson & Belding Contracting Recording Requested by and Return to:4 P.O. #: 10001 Triumph Geo-Synthetics, Inc. I Project: Central Park Sports Complex Rec ID: OKOOVZK9C P. 0. Box 5391 ) Job #: 1310-16 Fullerton, CA 92838 1 Cert No.: PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) (California Civil Code Sections 3098, 3111, 3241 & 3252 et Seq.) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO THE OWNER OR REPUTED OWNER 1. The following is a general description of Huntington Beach PWD the labor,service,equipment or :materials Attn: City Clerk furnished or to be furnished by the undersigned: 2000 Main Street, 2nd Floor See Exhibit C Huntington Beach, CA 9264B 2. Estimated Price: $6,409.72 70 ORIGINAL OR REPUTED CCNTRACTOR 3. The name of the person who furnished Nelson 6 Belding Contracting that labor, service, equipment or P. 0. Box 2126 materials is: Gardena, CA 90247 Triumph Goo -Synthetics, Inc. P. O. Box 5391 Fullerton, CA 92838 4. The name of the person who contracted for TO LENDER, SURETY OR BONDING CO. purchase of that labor, service, equipment or material is: Nelson & Belding Contracting P. O. Box 2126 Gardena, CA 90247 5. The description of the ;obsite-s: Central Park Sports Complex Labor or Materials Information: Exhibit C 18121 Gothard St. Huntington Beach, CA County of Orange NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THE UNDERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH MATERIALS FOR THE ABOVE -DESCRIBED PUBLIC PROJECT, AND WILL LOOK TO YOU AND YOUR SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THEM. I declare that i am authorized to file this claim on behalf of the claimanz. I have read the foregoing document and know t e contents thereof; the same is true of my own know -edge. I declare under penalty cf perjury that the foregoing is true and correct. executed at Fullerton, California on 01/11/2002 for TRIUMPH GEO-SYNTHETICS, INC.. By: Cissy i_cCa , President %hone: (714) 237-1550 Fax: (714) 237-1549 PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that 1 served a copy of t^e above document, and any related documents, by (as requ-led by lain) first-class, certified or registered mail, postage prepaid, addressed to the above named Parties, at the addresses listed above, on 01/11/2002. I declare under penalty of perjury that the foregoing is true and correct. Executed at Fullerton, California on 01/11/2CC2. By: Jim dime, Sr. Consultant Exhibit C - Complete Description of Materials or Labor Supplied , Owner: Huntington Beach PWD Attn: City Clerk Project: Central Park Sports Complex The following is a conplete list, to the best of our knowledge of all Materials or Labor, which by agreement, were supplied or will be supplied by: Triumph Geo-Synthetics, Inc. Mirafi 7XT Ceogrid I I I I I 11 12105101 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor 1 - You are hereby notified that Reputed Owner GRAYBAR ELECTRIC CO INC (LA) CITY OF HUNTINGTON BEACH 383 S CHERYL LANE CITY CLERK CITY OF INDUSTRY CA 91789 2000 MAIN ST HUNTINGTON BEACH CA 92648 Reputed Construction Lender or Lessee CO# CENTRAL PARK SPORTS COMPLEXIBOND# 2831901AMERICAN INSTITUTE OF ARCHITECTS170 PINE ST/NEW YORK NY 10270 Reputed Original Contractor VALLEY CREST LANDSCAPE 1920 S YALE ST SANTA ANA CA 92704 A.D.C. UNKNOWN NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANICS' LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A RELEASE SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT TO YOUR CONTRACTOR OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. 2 - Has furnished or will furnish labor, services, equipment, or materials of the following general description: ELECTRICAL 3 - An estimate of the total price of the labor, services, equipment, or materials furnished or to be furnished is: g 400,000.00 4 - The building, structure or other work of Improvement Is located at: CENTRAL. PARK SPORTS COMPLEX GOLDENWEST ST & TALBERT & GOTHARD ST & ELLIS HUNTINGTON BEACH CA 92648 5 - The name of the person or firm who contracted for the purchase of such labor, services, equipment or material Is: LA-EL5/ELECTRO CONSTRUCTION 3021 ROWENA AVE LOS ANGELES CA 90039 6 - Name and address of Trust Funds to which Supplemental Fringe Benefits are payable (if applicable): 7 - Jobsite Is Federal Public Work Title 40 USC Sec. 270A-270E. Contract # Bond Co: Signed A� 1 ^ 0— Authorized Agent ` Construction Notice Services, Inc. 1-B00-a66-5660 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes (ext. 5260) after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: ±�t 4 DATE: I I- 21-d] SUBJECT: Bond Acceptance I have received the bonds for LM� (Company Name) Faithful Performance Bond No. d3llo Labor and Material Bond No. 283I1D Monument Bond No. Maintenance Bond No. 283110 Re: Tract No. CC No. (f 2.l MSC No. Approved dl - P - o 1 Agenda Item No. �' Z (Council Approval Date) City Clerk Vault No. g1jahibondletter. doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: November 27, 2001 TO: Valley Crept ATTENTION: _ Name 1920 S. Yale Street DEPARTNIENT: Street Santa Ana, CA 92704 REGARDING: e;ry, state, zip re: CC-1121 Construction Contract See Attached Action Agenda Item F-2 Date of Approval 9 / 17 / 01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds X Insurance x RCA Deed Other R. Beardsley CC: DPW x x x bonds Name Department RCA Agreement Insurance Other D. Verone DPW x x x bonds Dame Department RCA Agreement Insurance Other S_ Freideni-ch Treas. x bands Dame Department RCA Agreement Insurance Other Dame Department RCA Agreement Insurance Other C. Mendoza Risk Mgmt x x Name Department RCA Insurance (Telephone: 714-535.5227 ) :ji 011�11 Al HII 4; f i . . ...... ... -IN i ro it Sit-101 Uk R RAN' P THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONA ONLY AND CONFERS NO AON Risk Services, Itle. RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. Construction Services Division EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 707 Wilshire Blvd., Silite 6000 /M COMPANIES AFFORDING COVERAGE PO Box 54670 COMPANY Fife Ins. Pittsburgh Los Angeles, CA 90M4-0460 A National Union Co of PAIAIG Tel. 213-630-3200 Fax. 213-689-5047 LETER CODE SUB -CODE ccmPTN7y_ B Evanstian Insurance Company LETTER C f Insured INSURED eA Vallev Crest CCIA�ANY Se LL-TUR 1920 S. Yale Street COMPANY Santa Ana, CA 92704 LETTER COMPANY E [LE-E Nw 4F 1.1 S Vfl f N s: iii Jk 0wa _4 X: IT 41.,iii HTIN t: IfWI9 E. ffmi`: f r' Mwu !GWIN, .T.1"I"M . .. ...... T: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEENISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIAIITH�STAND ING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRAC- OR OTHER DOCUMENT W!TH RESPEC7 TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE A--FCRDE0 BY THE PCI_ICiES DEESCR!BE0 HEREIN IS SLIBJ=-CT TC) AL_ THE TERMS. EXCLUSIONS, AND CONDITIONS CF SLICH POLICIES THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA D CLAIMS co TYPE OF INSURANCE POLICY NUMBER P0_ CY POLIr_y ExPiRATIC-N ALL LIMITS IN THOUSANDS _TR DATE:IJM-1OO-Wj DATE W.WDR.NY GENERAL LIABILITY GENERAL AGGREGATE S2.000 XCONIMERCIk. GENERAL LiAM�ITY` PRODUCTS-COMP.TjPS AGGREGATE $1,000 0CLA-RASIVADE NOCCiRRENCE GL9330919RA 04.-'01/2001 04/01/2002 PERSONAL A ADVER71SING NJURY $1.000 A XCONTRACTUA, LIABILITY EACH OCCURRENCE S1.300 ZX, C, U, HAZARD FIRE DAMAGE (ANY ONIE FIRE� S1.000 I E] KIED!CA'_ EXPENSE rANY ONE PERSON) s 5 AUTOMOBILE LIABILITY [ZANY AUTO cs� si�ODO EIAL� OA'NED AUTOS 0ABOO136 04,101/2001 04iO 1 /2002 BODILY 1�,IJUAY B F_1SCt--E0J_ED AL:7CS &pp]a0VflD AS T 0 FORb'. (PER PERSCN) Bo:)I-y IqJJRY 71-IRED AJTOS &U L MJ T TOW , City �ttorll(Kv FINGN-C-NNED AL.-0S De�puty c J,11-yr mPERACCIDENT! F]GARAGE LIABI_ TY A PROPERTY 7 DAMAGE). EXCESS LIABILITY hl EACH AGGREGATE FlUNIBRELLA FORM M OCCURRENCE 0 THAN S $ CTHER LMBRE-_LA FORM WORKERS'COMPENSATION STATUTORY C AND 1878-C 071:01.i1978 Continuous si.,m'o �EACh ACCCENT; EMPLOYERS' �IABILITY S 1. 00 0 tDiSEASE =CLICv LIIXT� I S1,000 MiSEASE FAC-I =-M--L-,YU-? OTHER E 0 See Attached For Addi Prim INirri Auto, Calif WC Endorsement, Per Proect Aggregate 102483 Huntington Central Park Sports Complex (CCI 121), Goldenwest, Talbert, Gothard, and Ellis, Huntington Beach, CA -CERTIFICATE -HOLDER:ii�:!;`:-&�-li t- CANCELVATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL MAIL City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 2000 Main Street FlUntingtoll Beach, CA 92648 Doti,- Stack AUTHORIZED REPRESENTATIVE NJ 9 _V jr'�ACDRD 2 j . ..... . N ;';-'CACORD:CORP.QF�kTIQN:19W," 5.8" 3188 CNN` POLICY NUMBER GL9330919RA OA800136 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: arPROVED AS TO Fo Rm:i 46IL hui 0�i, C+tg Attu=ey COMMERCIAL GENERAL LIABILITY COVERAGE PART r ti : Daputy Cit AUTOMOBILE LIABILITY COVERAGE PART tt rn®ry Name of Person or Organization: SCHEDULE: City- of Huntington Beach, its officers, agents and employees Huntington Central Park Sports Complex (CC1121), 102483 (If no entry- appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation. The insurance afforded by this policy for the benefit of the additional insured(s) shown above shall be primary, but only with respect to any claims, loss or liability arising out of the operations of the named insured and any insurance maintained by the additional insured(s) shall be non- contributory. Includes copyrighted material of Instrance Services Office, Inc. with its permission. Copyright, Insurance Services office, Inc. POLICY NUMBER: GL9330919RA CL246 (11/85) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: City of Huntington Beach, its officers, agents and employees SCI-I EDULE: Huntington Central Park Sports Complex (CC 1121), 102483 The General Aggregate Limit under LIMITS OF INSURANCE (SECTION II) will be applied separately to the project referenced above. The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA This endorsement, effective on 07/01i78 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. 1878-C of the Self Insured Self Insured (NAME OF INSt RANCE COS PANY) issued to Valley Crest Authorized Representative We have the right to recover our payments from anyone liable for an injury. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Name of Person or Organization: SCHEDULE: City of Huntington Beach, its officers, agents and employees Huntington Central Park Sports Complex (CC1121), 102483 The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation. .J i THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 283190 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that VALLEY CREST filter insert full name and address or legal tale of Camratiorl 1920 S. Yale St. Santa Ana CA 92704 as Principal, hereinafter called Contractor, and, AMERICAN HOME ASSURANCE COMPANY (Here intrrl full name and address at legal title of Surety) 70 Pine Street New York NY 10270 as Surety, hereinafter called Surety, are held and firmly bound unto IHett insert full name and addrrts or legal title of Owner) CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach CA 92648 as Obligee, hereinafter called Owner, in the amount of Fourteen Million Eight Hundred Forty Two Thousand Four Hundred Seventy and 001100 Dollars (S 14,842,470.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a contract with Owner for tHtre imert full name, address and dacriplion of proiectl Huntington Beach Central Park Sports Complex (CC1121) in accordance with Drawings and Specifications prepared by tHate ,nsert fult name and address at legal title of Atchitectl which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 t rfRroRMANCT OCIND AND LABOR AND MATERIAL PAYMENT BOND ` AIA 0 FEBRUARY 197p (1). • THE AMERICAN INSTITUTE (IF ARCHITECTS, 1733 N.Y. AVE. N.W., WASHINGTON, D. C. 2fl % PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said 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 11 Complete the Contract in accordance with its terms and conditions, or 21 Obt;in a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or,, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a Contract between such bidder and Owner, and make available as Work progresses (even though then; should be a default or a succession of Signed and seated this 16th day of defaults under the contract or contract$ 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 nlher costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price;' as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount property 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 falls due. No, right of action shall accrue on IN% bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. October 2001 VALLEY REST V[Nt' �� rSeau Eileen Saldivar, Office (Wilnro) Manager 1 4a Thomas C. Donnelly r Mir? President MERICAN HOME &SSURAUCE Co /_ANY I � � rSurrl}•1 rxair i M rtha Gonzales Iwunn%" C.K. Nakamura _ Ir"tI'I Attorney -in -Fact AIA OOCumENT A311 - PIXTORMANCE BOND AND LABOR AND MATERIAL PAYMENT' BONO - AIA a rERRUARY IWO EU. - THE AMERICAN INSTITUTE Of ARCHITECTS, 17]5 N.Y. AVE.. N.W., WASHINGTON. 0. C. 70W& �n CALIFORNI�A�A aL�PURPOSE A�KN�WLE s GMENi• <,�� � X' : �',"�[`'�-A=a��alcis'Ax?; ��f k'�1°�--�.._�_�t3 ��.��,. .:.�'h a` ,�-3`� � �.» x' � •.:_.;� � �w_.x:�"�; ��,�� � s�Ji State of California County of Los Angeles on io/i.6/2wi before me, Maria Pena, Notary Public, personally appeared c•K. 1'� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose ' name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MARIA ?ENA r-f Co ^�m:ss;on !e 1216383 z z + No:ary ?L'�!iC — Caiiforrlio _ Los Angeles County My Comm, Expires Apr i e, 2W3 Maria Pena Amerman Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 05-B-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ---Tracy Aston, Peter Ark.lev, C. K. Nakamura, E. S. Albrecht, Jr., Lisa L. Thornton, William A. Sadler, Dennis T. Menard III, Maria Pena, Betty Walker, Tom Branigan, Marina Tapia, Clarice Lee: of Los Angeles, California --- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WIT`ESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents 4j yf+,, �fl�--yam GTo p ,6s#LRr,4 t' . �. -0 STATE OF NEW YORK } COUNTY OF :NEW YORK }ss. On this 17th day of September, 2001 before me came the above named oft:cer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. this 17th day of Se tember, 2001. 1 Michael C. Fay, Vic President / "I- / �, DOROTHY] PARKER Nolary Public. S!a!e of New York No. 01 PA5M31 Ouaidied ;n Rat~mond County Commssion Exoifes Jure 25. A�3— CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and as for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of :he Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attomev or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof "RESOLVED, Lhat any such Aaorney-in-Fact delivering a secretarial certi5cation that the foregoing resolutions still be in effect may insert in such cerification the date thereof, said da:e to be not later than the date of delivery thereof by such Attorney -in -Fact." I. Elizabeth M. Tuck, Secretary o; American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify thai the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant ilhcre:o, are Lme and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of each corporation this 16th day of October . -2cx)1 _ Elizabeth M. Tuck, Secretary W. 66 (a; 96) M THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number 283190 AIA Document A311 Labor and Material ' Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal lyde of Coniraaorl VALLEY CREST 1920 S. Yale St. Santa Ana CA 92704 as Principal, hereinafter tailed Principal, and, AMERICAN HOME ASSURANCE COMPANY (Here insert full name and address or legal title of Surety) 70 Pine Street New York NY 10270 as Surety, hereinafter called Surety, are held and firmly bound unto (Here rnsert full name and address or legal tide of Ownell CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach CA 92648 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the Fourteen Million Eight Hundred Forty Two Thousand Four Hundred amount of Seventy and 001100 (Here lntea a surf( equal to at halt one.half of the contract price) Dollars fS 14,842,470.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , entered into a contract with Owner for (Nose rnserl full name, address and description of project) Huntington Beach Central Park Sports Complex (CC1121) in accordance with Drawings and Specifications prepared by (Here invert lull name and address or legal title or ArchitKtl which. contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 H.Y. AVE.. N,W., WASHINCTON. D. C. 2DW6 3 LABOR AND MATERIAL PAYMENT BOND Now, rmixtroitf. THE CONDITION OF Tkls o9t1GArioN is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material. or both, used or reasonably required for use in the performance of the Contract, labor and material being con<trued to include that part of water, gas. power. light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. the above named Principal and Surety hereby jointly and Severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety 190) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant. prnsecuie the suit to final judgment for such sum or sums as may be justly due Claimant. and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any Such suit. 3. Nn suit or action shall be commenced hereunder by any claimant: al Unteo claimant, other than one having a direct contract with the Principal, shall have given written nonce to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the tast of the work or tabor. or furnished the last of the materials for which said claim is made. stating with substantial Signed and sealed this 16th day of Eileen 551divar, Office (wl+++r'«+ Manager W, ato Manta Gonzales C.K. akamura (t'ith.) Attorney -in -Fact accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certsfied mail, postage prepaid. in an envelope ad- dressed to the Principal. Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal_ process may be served in the state in which the aforesaid project is located. save that such service need not be made by a public officer. bl After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such timitatian shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c? Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project. or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such Tien be presented under and against this bond. October 2001 AIA DOCUMENT Alit - 11Ekr(19MANCE BOND ANO LAROX ANO MATERIAL PAYMINT R(rND - MA 3 ►EBRUARY 1970 (1). - THE AMtRICArd INSTITUTE Of ARCN111C75, 1711 N Y. AVE.. N.W., WA5NIN(.T0N. O. C. 1Ix106 State of California County of Los Angeles On October lb, WW1 before me, Maria Pena, Notary Public, personally appeared C.K. rya personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose - name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. t , MARS A, RENA *- Ccr T.iZ;' x 1L) 3 1� _ 'NO*ori ;'J ':.0 --- _ Los ,%r,yees Ccu-nty My Cc.'rm. Exa;res Aar ;g, 2 Maria Pena American Hoene Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 05-8-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ---Tracy Aston, Peter Arkley, C. K. Nakamura, E. S. Albrecht, Jr., Lisa L. Thornton, William A. Sadler, Dennis T. Menard III, Maria Pena, Betty Walker, Tom Branigan, Marina Tapia, Clarice Lee: of Los Angeles, California --- its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents • MD. STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 17th-day of September, 2001 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the sea'.s of said corporations thereto by authority of his ofice. this 17th day of Se tember, 2001. 1 Michael C. Fay, Vic President t t DOR07MYL.PARKER Notary Puolic. Stare of New York NO. 01PA N0631 Comaiiissionn Exp Expires Jure 25�n� CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, Chat the signatures and attestations of such officers and the seal of the Company may be affixed to any such Poti%rer of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in are nature thereof, "RESOLVED, t^.at any such Auomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in sucn certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." I. Elizabeth !-t. Tuck, Secretary of American Home Assurance Company and of National Union Fs.- Insurance Corn -,any of Pittsburgh, Pa. do hereby certi' that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are true and correct, and [hat both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal ofeach corporation this 16th day of October 2MI t � �E .. S- {,� Sri+, �1✓ { Elizabeth -.1-1. Tuck, Secretary 65166 (Q96) At U Invirance Company Arnwi6aii Harne'Assurance Cornpww e . draniiSt , wks In, jarnn,ce Com'' po'ny, The Insu.rence.Compapy of the State of Pennsytv"j Niiional Uni.6n.Fire Insuienrd Cf?rK08nV1of.Pktsbsurgh, Pa. Now Hampshire Insurance Company` MANTENANCE80N.D KN.GWALL MEN BY THESEIR ESENTS: American International Companies Principal Bond Office 70 Pine Street Now York N.Y. 10270 That VALLEY CREST is Principal and AMERICAN HOME ASSURANCE COMPANY unto CITY OF HUNTINGTON BEACH as..Ob . lilIse,ih the he fyll.and i4st sum .of. Fourteen Million Eight Hundred Forty Two Thousand Four Hundred Seventy -and 001100 Dollars .'.(S.14,842.4.70.00. j, lOr.!hA:paVMenj of..which uim;.'Wdll-end 'truly'.to'bi matlei-the Princ!Oefind Su'ret.y. hind: thimselies.Ahair heirs, executors, administrators, successors and.oss' ns jointly and severally, firmly by these presents. WHEREAS, The Principal has entered into:a written: contract dated with:Ake: 0 bill" foi Huntington Beach Cenlral EpL"ports complex (QC1 121) and WHEREAS, said contract p.rDvides thal the Principialvill furniffi*dnd conditionid.to. guarantee lorthe'perlod of after ap0rova.l:-of:tfiG final estimate on -said iq I b; Uv.:. the owneri-agal . n . stall defe . cts in n workmanship and-mitirials 'which may become apparent during told period. NOW; THEREFORE, THE CONDITION OF THIS OBLIGATIOUS SUCH, that if the � Principal. shall indemni mObilgoe :th -for all loss that the Obligee may sustain by reason Of any defective materials ar-workmansh . ip_which become. apparent during the. alaresald period, then this obligation shall Wwid;:cftrwiso to remain in f6ll force And effect. Signed, sealed and dated 10116/01 Eileen Saldivar, Office Wtnetsl Manager Bond N0.283190 B L6� CK Nakamura Attorney-In-Fict 29586 (3/84) '§a- 4- 'r �Y � � ��• � d - Y T� GA HFORR A}{ALL PURP E SE� ACKN O W �EEDGMEI�� ;r? y��tl�•.rjrr-° State of California County of Los Angeles On October 16, 2WI before me, Maria Pena, Notary Public, personally appeared c x Nara personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose • name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. h!aRJA PENA Ccrnrn,' on F ,Z; Maria PeNa Nc cy auti:rC:—CQ1-fornlO _f LOS A; 9e:es County ■ Comm. Esc ;; es Apr 18. 2003A American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 05-B-01233 KNOW ALL 1IEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ---Tracy Aston, Peter Arkley, C. K. Nakamura, E. S. Albrecht, Jr., Lisa L. Thornton, William A. Sadler, Dennis T. Renard 111, Maria Pena, Betty Walker, Tom Branigan, Marina Tapia, Clarice Lee: of Los Angeles, California --- its true and lawful Attomev(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents c� A. 4•t, ' "%d4'IIGH• STATE OF NEW YORK } COUNTY OF NEW YORK )ss. On this 17th-day of September, 2001 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the indi%:dual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. this 17th day^Iof Se tember 2001. Michael C. Fay, Vic President Notary PuuNc. Stale aRNeR York No. OIPA60MI ComIuuwOn ExPries June 25oIL3 CERTIFICATE Excepts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18. 1976: "RESOLVED, that the Chairman of:he Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of tPe Company to execute bonds, undertakings, recognizances and otter contracts of indemnity and writings obligatory in the nature [hereof, and :o attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that [he foregoing resolutions still be in effect may insert in such certiftcation the date thereof, said date to be not later than the date of delivery thereof by such Attomey-i n -Fact." 1, Elizabeth M. Tack, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in fuR force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this I t}yday ofa} (ir-t-Cher 1 Elizabeth fit. Tuck, Secretary 65'.66 (3196) MAY 21 2001 10:54 FR RIG BOND DEPT 1 TY Cl F ANGE 213 689 3972 TO 95282752 P.01/21 ALAN SUTER, P.X=TM OFFICER, AM CLERK OF T= SWER=9 CCX= CPANGE =WTY SW RICR 03MT F[ao = CWRT OPERATI= 341 TM C=f DRIVE P. 0. sox 14171 CPANGE, CA 92613-I571 CLERK OF THE SUPERIOR COURT Cm=== CAr F= MAY 1 T. 2001 cffF=[RL CUB=MW CEP r:r R== r' ►'1: sapsomM aa• r a03 OF CPJJM,, cr 1• U'rra;r' CIUMMPT TMTas I' :.r Y' CLF AM na`11•{Y:': ADmrrm To \:W4 ?•I.E 1'ti II' •r• 311 TfflSv =iL•'r •' 1"el TO f=S IWARVOW BY THE INSCRA= XS ON ►:1' LIM AS •.1' OF THE Ipc=m Aomn= To a• :`Y. « S1 . 1: VMWrE 1' Cp cm 1' Y�•�i�' :1:/•.:.•' :1- ;1:':/t' \• 'S:y1 1 •i/ 'la rL.� :1mw'cl� ** TOTAL PRGE.01 ** I. # CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VALLEY CREST FOR THE CONSTRUCTION OF HUNTINGTON CENTRAL PARK SPORTS COMPLEX (CC I121) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. Tl,%,TE OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 5 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES. DELAYS 7 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18. INTDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE 12 20. INSURANCE 12 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 0 22. DEFAULT & TERMINATION 14 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 14 24. NON -ASSIGNABILITY 15 25. CITY EMPLOYEES AND OFFICIALS 15 26. STOP NOTICES 15 27. NOTICES 15 28. CAPTIONS 16 29. IMMIGRATION 16 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 16 31. ATTORi\TEY'S FEES 16 32. ENTIRETY 17 0 CITY FENDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VALLEY CREST FOR THE CONSTRUCTION OF HUNTINGTON CENTRAL PARK SPORTS COMPLEX (CC 1121) THIS AGREEMENT, made and entered into this 17th day of September 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and VALLEY CREST, 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 constriction of the Huntington Central Park Sports Complex in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 2001 Agree: SL Sample Sports Coninlex 1024$3 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 tinder 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; 2 2001 Agree- S[_ Sample Spirts Cnnlplev 102et8 D. The 2000 edition of Standard Specifications foi- Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of 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. 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 Fourteen 200! Agree: SI_ Sa:n71e Sports Complex Million, Eight Hundred Forty Two Thousand, Four Hundred Seventy Dollars ($14,842,470.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within sixteen (lb) months from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THEESSENCE 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. 2001 Agree SL Samplu Spurts Cumplex 4 G 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. 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. 5 2001 Agree: SI_ Sample Sport, Complex 1 ^ , CONTRACTOR shall, prior to entering upon the performance of this Agreement, firrnish 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 constricted. 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 takes, 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. Z 2001 Agree- sL sample spore Complex v. It. LIQliIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One Thousand Five Hundred Dollars ($1,500.00) 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. 7 2001 :Agree- sL sample Sporn Complex 1024R3 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 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 2001 Agree: SI_ Sample Spots Complex 10z48J 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 mav, 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 9 2001 Agree- sL sample Sports Complex 1024P3 deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been perfonned in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AMDAVITS 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 F 2001 Agree: SI. Sample Spons Complex employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with 'notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 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 200' Agree: S]_ Sainiple Sport., Complex r �a, _`L r . i ..(' ,2 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 (S100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (S250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and COI`TRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while actin; within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including prod uctsicompleted operations liability and blanket contractual liability, of S1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than S 1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 12 2001 :agree: SI_ Sample Spons Complex applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ;DORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work tinder this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hcreinabove required. 13 2001 Agree- sl_ sample Sports Complex y b A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional hlsureds 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 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. DISPOSITIOI\ 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 ally part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 14 2001 Agree: SL Sample Snorts Complex 10248J 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 Corle sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (S 100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 15 2001 ;agree- 5L Sample Sports Complex 102483 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. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Balance of page not used. 16 200l Agree: SL Sample Sports Complex 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. VALLEY CREST, alifornia corporation CITY OF HUNTINGTON BEACH, a /j municipal corporation of the State of /, , , //%% California By: R-icha►�-A-�-r�+>vr,-P id�rt- �h'�'1 t,�,Q,t�.ri/ f�►c�C.�OIL. Thomas C. Lon Lly, P esident tM avor B ATTEST: William N. Cohen, Secretary LIC.#133947 A,B,C-27,C-31 & HIC Federal ID# 95-1590418 City Clerk I1_a7.01 REVIEWED AND APPROVED: APPROVED AS TO FORM: 1 .� ✓t-. f � 11�tlelrl City ffdministrator r, � ial City Attorney 'ITI. TED AND AP ROVED: erector of Public Works #1/ 17 2001 Agree: SL Sample Sports Complex 102483 SECTION C PROPOSAL for the HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX CASH CONTRACT No. 1121 CUP No. 00-60 and Variance # 00.24 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 therefore, 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 346 working days (16 months), starting from the date of the Notice to Proceed. The portions of the six (6) month post -installation period remaining or not started on the date of the Notice of Completion is not included in the time expressed for construction. 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 declares that this proposal is based upon careful examination and full understanding of the necessary actions, operations, and incidentals to relocate the City's maintenance building currently at the City's Beach Maintenance Yard at 19601 Beach Boulevard (at Yorktown) and install as indicated on the drawings. BIDDER declares that this proposal is based upon careful examination of the related contract documents as listed in Instructions to Bidders available for review at the City of Huntington Beach Public Works Department. C-1 Vo lk y Crest BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of S QVIAf 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). 13-4,4ar o1,e11 ---A, rana:r.t ..r..11 A AAaftAe Ua— ::......• C-2 BID FORM HUNTINGTON CENTRAL PARK SPORTS COMPLEX CASH CONTRACT NO. 1121 CUP NO.00-60 and Variance 900.24 REVISED WITH ADDENDUM 1 Bidder: Item Description Estimated Unit Price Extended Amount Qty 1 Base Bid Park Improvements 1 Is t+��sn,aofl , S ! 40v, Dvo-� 2 Talbert Avenue L;ndergrounding 1 is S 13DD 3 Gothard Street tindergrounding 1 is S 5- Ono 4 Hauling of PHC Impacted Soil 23,000 S tons 5 Gas Extraction System Blower Station 1 is S (Section 02401, No. 1) I 6 Drilling 35 LFG Well Borings (Section 1,510 of S 02401, No. 2) a !t a DSO 7 Construct 35 LFG Well Casings — 2" 710 if S SCH 80 (Section 02401, No. 3) 8 Construct 35 LFG Well Casings — 3" 810 if SCH 80 (Section 02401, No. 3) 9 Construct 35 LFG Well Meter Runs 35 ea S (Section 02401, No. 4) �(PO rl 30r -1 oo r 10 LFG Condensate Sumps (Section 02401, 8 ea S No. 5) i 3�5100 9-s-1 %00 11 1" SDR I HDPE LFG Condensate 3,000 if S Piping (Section 02401, No. 6) I i ,. 7100 12 2" SDR 11 HDPE LFG Condensate 3,000 if 0 S Piping (Section 02401, No. 7) 3 13 : LFG Blower Station Electrical Service 1 is S (Section 02401, No. 8) ' J�� [)Cc Page 1 of 3 C-3 Item Description 14 LFG 3,000 Gallon Condensate Holding Tank, 4,700 Gallon Secondary Containment Tank, Seismic Restraint System, & 55 Gallon GAC Canister (Section 02401, No. 9) 15 LFG Blower Station Foundations (Section 02401, No. 10) 16 8" SDR 17 HDPE LFG Gas Extraction Pipe (Section 02401, No. 11) 17 4" SDR I HDPE LFG Gas Extraction Pipe (Section 02401, No. 12) 18 2" SDR 11 HDPE LFG Gas Extraction Pipe (Section 02401. No. 13) 19 8" LFG Butterfly Valves (Section 02401, No. 14) 20 4" LFG Butterfly Valves (Section 02401, No. 15) 21 LFG Header Sample Panels (Section 02401, No. 16) 22 LFG 80 Hours Startup & 8 Hours System Training (Section 02401, No. 17) 23 LFG Blower Station Source Testing (Section 02401, No. 18) 24 LFU Mobilization and Demobilization (Section 02401, No. 19) 25 Drillina 7 LFG Multi -depth Gas Monitoring Probes (Section 02401, No. 20 (a)) 26 Re -drilling & Abandonment LFG Multi - depth Gas Monitoring Probes (Section 02401. No. 20 (b) & (c)) TOTAL BASE BID IN FIGURES 5 'TOT-VL BASE BID IN' `VORDS: Estimated Unit Price Extended Amount Qty 1 Is S 20 cy 1 S 3,000 If S r C,3 000_ 1,300 if I S 3o o 2,600 if S 4 ea S ' J 3 Cols /� yao - 6 ea S 4 ea 5 520- 1 Is j S -C70 11s S 1 Is 15 /Soo0 ; /sOoo i 7ea I IS 3 ea S 5,70 I 1 Lt . `t7o S� IV Tw'rte l c L C fi E, Page 2 of 3 -4 VU I q Cast - Item Description Estimated Unit Price Extended Amount i Qty AUD ALTERYATE .#: Sportsfield #6 1 is S lgal000 ADD ALTERNATE B: Automated LFG I is S Condensate Svstem 1001 3ct�'~ f 00� 30 O i (Section 02401, No. 21) :# D ALTERYATE C: Sod Infields in lieu I is S of Hvrdo-stolonizing AnD ALTERNATE D: 6 Month I is S Maintenance for Planting and Irrigation 70 Obo Only, after park is open to public / Page 3 of yU I I e g Crest va lky Cast 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 (by percentage of the total bid) the work to be done by such subcontractor. Percentage Portion of Work Name and Address of Subcontractor State License Number Class 13, ! � • �� t2cc YO — L to- 37 c e lace — j ,'� fLn3 C,4 53 1.0 t�los3R�r0 C— c5- 37 4V( '6' a,_ -- 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-a NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange It 09 ,, being first duly sworn, deposes and says that he or she is of 1 the party making the foregoing bid that the bid 's not made in the inter st 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. -�0 5.1 We Sl Sc 70 Address of gidder Subscribed and sworn to before me this 315f day of 2001. NOTARY PUBLIC MA2 F V,0YEIR Nc'ory Pub'lc - Coi'fomia Los A .;,e;es County e-F1MyCcm.-.n. dam Jun 11, 20M NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 3� b1c Title C-6 DISQUALIFICATION QUESTIONNAIRE u0lit'yCfP3I In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 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. Date: 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. r. o-�Stlmrr�►r�a _ Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identiftcation Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-4 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: f Bidder Name RU 51 VGI.? Sf- Business Address S City, State Zip Telephone Number State Contractor's License No. and Class Expiration Date The work site was inspected by 3 P n 6 I i 1 of our office on 137 - , 2001. The maintenance building to be relocated was inspected byof our office on .2001. Bidder represents that all documents listed in Instructions to Bidders have been satisfactorily reviewed prior to submitting Proposal documents and Bid Form. The Bidder represents that the Company has a minimum of five (5) years of successful prior experience performing the type of work required by the contract as prime contractor. The following are persons, firms, and corporations having a principal interest in this proposal: + ► r a t' ► I �I ! ' 1 ' e0r, Uj _ 70t)JV h W107- _ 20hf a J . 6o W- ��n�iQ. Reed Caro)) 11 m Co oar Ke1 h1 � �Uke C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Shen J.'%JL Printed or Typed Signature Subscribed and sworn to before me this JJE" -day of NOTARY PUBLIC ,_l.'JY5n pare y'' LOs knoo�?s Cojnly MY c4 nn. LrHi s Jun 11, 2003 IV 9NEW 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: 2. S Name'and Address of'Public Agency Name and Telephone No. of Project Manager: bm) ��5- Ja _ Micw I sido Contract Amount Type of Work Date Completed Name af',d Address of Public Agency Name and Telephone No. of Project Manager: b 10 1 1 pi j I 4q .q� Contract Amount Type of Work 3. C i U a flt Mhnrnt. . �q55 M54- )� Name and Address of Public Agency u; Date Completed Name and Telephone No. of Project Manager: �510) 1 roikl EJ Contract Amount Type of Work Date Completed C-11 PRE -QUALIFICATION FOR CONSTRUCTION OF LANDFILL GAS EXTRACTION SYSTEM The Contractor's attention is directed to Sections 02400 through 02426 for the installation, startup, testing, and related contract requirements for the proposed landfill gas extraction system. The Contractor or a subcontractor shall perform the construction, excavation, drilling, installation, and testing of the landfill gas (LFG) extraction system. The subcontractor shall satisfy the following minimum qualifications: Successful completion of a minimum five (5) landfill gas extraction systems similar in size and nature to this project. and within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Five (5) references shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 2. Minimum of ten (10) years experience in the construction of LFG systems. A minimum - of five (5) references substantiating bidders ten (10) years experience shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 3. All personnel working on the LFG extraction system shall be intimately familiar with the use of gas monitoring equipment for total organic compounds as methane (such as flame ionization detector) and hydrogen sulfide. Such equipment will be required for the duration of installation and testing on the LFG extraction system. 4. The LFG extraction system subcontractor shall have a site supervisor who has recently and successfully completed forty (40) hours of health and safety training in accordance with OSHA Hazardous Waste Operators and Emergency Response Standard 29 cfr 1910.120(e)(8), (q)(8), and 8CCR 5192(e)(q). A valid certificate is required. The Contractor or subcontractor shall substantiate the above performance on the attached forms (pages C13 through C14) and include it with the sealed bid. All bidders shall acknowledge accept the requirements stated herein. Bidder Acknowledge and Accepted: v 1 I¢ q crest Company Name C-12 1) Listed below are the names, addresses and telephone numbers for five (5) public agencies for which the landfill gas subcontractor has constructed landfill gas extraction systems within the jurisdiction of the SCAQMD: Project Name and Address Name of Project Manager:. Project Manager's Phone No. (5ja..) Amount Date completed Project Name dnd Address Name of Project Manager: Mcni Project Manager's Phone No. 3900 _ 170 --3 / Contract Amount Date completed 'lwlit a 3. Course VxnaW Project Name an Address Name of Project Manager: rn(a112f Oaor Project Manager's Phone No. ( �D5 ) a Contract Amount Date completed 4. POPrid VOIlit/Qf)W Project Name and kddTess Name of Project Manager: )9. Newt). `► hi DL Pswersdeq Project Manager's Phone No. - `7 T //660 Contract Amount Date completed Project Name and Address Name of Project Manager: TIO0 Project Manager's Phone No., —qal-15132 Jr Contract Amount Date completed T C-13 K Listed below are the names, addresses and telephone numbers for five (5) public agencies which can substantiate the subcontractors ten (10) years experience in the construction of landfill gas extraction systems: Project Name and Address Name of Project Manager: rks Project Manager's Phone No. r Contract Amount Date Project Name and Address Name of Project Manager: Project Manager's Phone No. i J7411 4 Ta (ADD - - CIA Contract Am 3. 5 4 5. Date completed Project Name and address Name of Project Manager: —Boo � W k G Project Manager's Phone No. Contract Date completed Project Name and Address ' - Name of Project Manager: 7W) Project Manager's Phone No. C24L) I? 9q - �) A 0, 070 Oka Contraci Amount Date completed Contract Amount Date completed Project Name and Address Name of Project Manager: Project Manager's Phone No. (� - kW7. 7 7 Amount Date completed 0 C-14 PRE -QUALIFICATION FOR DEEP DYNAMIC COMPACTION (DDC) The Contractor's attention is directed to Section 02200, Part 3.02 — Deep Dynamic Compaction (DDC). The Contractor or a subcontractor shall perform the construction, excavation, staging, grading, operations, monitoring, and testing of the DDC operation. The subcontractor shall satisfy the following minimum qualifications: Successful completion of a minimum twenty (20) DDC projects similar in size and nature to this project. Five (5) references shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 2. Minimum of five (5) years experience in process of DDC. A minimum of five (5) references substantiating bidders five (5) years experience shall be provided on the - attachcd form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 3. Subcontractor responsible for DDC shall be regularly engaged in DDC work and shall document that they have provided all supervision, labor, material and equipment to successfully densify by deep dynamic compaction twenty (20) separate projects utilizing energy inputs of between fifteen (15) and thirty (30) tons dropped from heights of over seventy feet (70') to improve soil for both liquefaction, landfill densification, and bearing capacity using free fall, and single and double lines. Five (5) of the documented, successfully completed projects shall be similar to this project in type of landfill to be densified, depth to be densified, energy input required, and type of modified crane to be used. The Contractor or subcontractor shall substantiate the above performance on the attached forms (pages C16 through C17) and include it with the sealed bid. All bidders shall acknowledge accept the requirements stated herein. Bidder Acknowledge and Accepted: Vallm Crasv Company anne C-15 FRQM,:RECO-MENARD FAX NO. :9495870185 Rug. 01 2001 01:22PM P4/4 SO UvikfM u:a I Listed below are the names, addresses and telephone numbers for five (5) public agencies for y: r which the DDC subcontractor has performed at least twenty (20) projects. [' 1,L Pak is: NGr - Q`r Project Name and Address r ) Name of Project Manager: Project Manager's Phone No. QJ!j) +�90 !fie ®a �. _ Contract Amount Date completed I; l u 4 3. Projc&WaMe and Address v ' (� Name of Project Manager: r� l D Y��_ . Project Manager's Phone No. (�,} �L�t,._ 3Z7 -�� - Amount Date completed Project Name and'Address Name of Project Manager: 5: Project Manager's Phone No. LU Contract Amount Date completed 4. C..,,l'.. _ e.__ Lail S[z'� /...._ _ T.�r.t�„- Re $ Project N*b and -Address Name of Project Manager: C' Project Manager's Phone No. (_33 t) Log - Contract Amount Date completed s. —C mow► A NArL; L. r G,.. -- _• • Project Nafle and Address Name -of Project Manager: Project Manager's Phone No. Contract Amount Date completed C-Is FROM.:RSCO-MENARD FAX NO. :9495870185 Aug. 01 2001 01:21PM P3/4 3. Listed below are the names, addresses and telephone numbers for five (5) public agencies which can substantiate the subcontractors five (5) years experience in the pmfornmance of DDC operations: T Project Name and Address Name of Project Manager:LI&M. . T - - Project Manager's Phone No. L 62- Contract Amount o ,� Date com feted .97S Project e A Address Name of Project Manager: `� • Project Manager's Phone No. (;� Amount Date completed Project Name and Address o d ` J Name of Project Manager: 'DnT (-% t,.I Project Manager's Phone No. (5n 3-221 ) Contract Amount Date completed 4. Lift. .,0 Vntakil _ Project ?Qme knd Address - Name of Project Manager: e,o Project Manager's Phone No. (_62.,(J l,ZY— i Amount Date Contract Amount Date completed S. Project Name an1l Address Name of Project Manager: Project Manager's Phone No. (3 ) k4 4 r., . r, Amount Date completed 3g C-1 7 CITY OF -HUNTINGTON BEACH OLD 2000 Main Street P.0.sox 190 California 92648 Robert F. Beardsley, P.E. Director Department of Public Works (714) 536-5431 Huntington Central Park Sports Complex Cash Contract 1121 City of Huntington Beach ADDENDUM NUMBER 1 July 25, 2001 Notice To All Bidders: This addendum is hereby made a part of the contract documents to the some extent as though it were originally included therein. Please note the following clarifications and revisions to the project specifications, plans, and contract documents: Architectural - RFI Roofinc- Specifications Studio 7 (project architect) has "accepted as noted" the proposed substitution of GAF Materials Carp Specification N-8-4-M with the following notations: • Roof system must be classified as a "Class A" roof by UL • Warranty shall be ten (10) year, no dollar amount Studio 7 (project architect) has "accepted as noted" the proposed substitution of US Intec, a division of BMCA Specification M-B4TP-N with the following notation: ■ Roof system must by classified as a "Class A" roof by UL ■ Foundation anchor bolts for the relocated maintenance facility (KWIK-BILT) building shall be a minimum of 5/8" diameter. 2. Architectural - Rgstroom & Concession Building At each Concession Building, the Contractor shall provide & install: Two (2) 1'4' x 2'-O" pointed, galvanized iron, louvered, attic vents covered w/ corrosion resistant metal mesh w/ mesh openings of 14" in the wail of the mechanical well: and Two (2) 24" x 36" painted, galvanized iron, water tight, attic access panels in the wall of the mechanical well. Addendum 1, CC-1121, July 25, 2001, page 1 of 3 GAConssruction Contracts(CCs)\CC1121\Ccrresp\Addendo\ACdendum.doc 3. Revised -Bid Form Including Section 2401 LFG Items Bidder shall use the revised attached bid from when submitting sealed bid. 4. Landfill Gas Control System Contractor's attention is drawn to the following changes in the specifications. ■ Section 02400, Part 1 - General, 1.01 Nature of Work. Item A, change "thirty- four (34)" to "thirty-five (35)" ■ Section 02401, 1.01 Nature of Work, Item 2, change "thirty-four (34)" to "thirty- five.(35) ", and " 1470" to " 1510" vertical feet of drilling. ■ Section 02401, 1.01 Nature of Work, Item 3, change "thirty-four (34)" to "thirty- five (35)", change "680" to "710" lineal feet of two-inch (2") SCH 80 solid PVC pipe, and change "790" to "810" lineal feet of three-inch (3") SCH 80 perforated PVC pipe. ■ Section 02401, 1.01 Nature of work, Item 4, change "thirty-four (34)" to "thirty- five f35)". ■ Section 02405, Part 1 - General, 1.01 Nature of Work, Item A, change "thirty- four (34)" to "thirty-five (35)". S. Water Utility Plan Sheet U-5, page 33 of 161 Modify all slurry backfill to 1 sack slurry in lieu of 2 sack. Detail 2 - 2" Multiple Service Manifold: 1. Change construction of 6" DIP to 6" PVC, Class 150. 2. Delete new fire hydrant at Sta. 121+02 and install new fire hydrant, per City std. 607, at the end of the 6" PVC manifold. 3. Construct 12"x12"x6" tee per Water Division Std. 614. ■ Detail 4 - 12" Water Lateral Connection: 1. 12" PVC shall be Class 200 in lieu of Class 150. 6. Construction Quality Assurance (CQA) Plan "Construction quality assurance" or "CQA" means a planned system of activities that provides assurance that the Alternative Final Cover (AFC) is constructed as specified in accordance with the design specifications approved by the RWQCB. As used in the California Code of Regulations (CCR), Title 27, the term includes "Construction quality control" or "CQC", a planned system of inspections that is used to directly monitor and control the quality of- a construction project as it relates to the final cover. A copy of the submitted CQA plan is attached and by this reference made apart hereof the contract documents. The CQA identifies specific responsibilities of both the General Contractor and City of Huntington Beach. The bidder is hereby directed to review the CQA plan and make all necessary provisions with the submitted base bid to account for all associated obligations required to construct the AFC in accordance with the approved design. Pre -Bid Meetin Attached please find copies of the approved meeting minutes and sign -in sheet from the July 20, 2001, pre -bid meeting held at Central Library, meeting room "C". Addendum 1, CC-1121, July 25, 2001, page 2 of 3 GAConslruclion Contracts 1CCs)\CC1121\Corresp\Addenda\Addenaum.doc r 8. RFI - Signs The following is clarification regarding signage: • Thickness of material for letter `boxes' on D/L-9 is one -quarter inch (1 /4"). • Letters shown on walls of D/L-10 and C/L-10 are solid. ■ Letters on C/L-10 are straight. 9. RFI - Pilasters Masonry pilasters for the fencing shown behind the semi -circular planters between backstops 2&3 and 5&6 are as shown on the plan views - three (3) at each area for a total of 6 pilasters. 10. RFI - Soundwall Block size for the soundwall shall be standard size of 10 x 8 x 16. All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the project cost estimate nor the Bid Opening date/time for this %S S. STACK, P.E. City Engineer Enc. Bidder Acknowledge: il Company ame Addendum 1, CC-1121, July 25, 2001, page 3 of 3 GAConstruction Contracts (CCs)\CC 1121\Corre3D\Addenda\AGdendum.doc ARM Grp VALLEY CREST I920 S. YALE. ' €FRFA--1- SANTA A\A, CA 92704 City of Huntington Beach City Clerk, Second Floor 2000 Main Street Huntington Beach, CA 92648 BID ENCLOSED - DO NOT OPEN WITH REGULAR MAIL HUNTINGTON BEACH CENTRAL PARK SPORT COMPLEX Bid Date/Time: August 2, 2001 @ 2:00 p.m. 'r _ r r '?;'?7 ,-I_A ,� ..ss• AIU Insurance Company American Home Assurance Company Granite State Insurance Company The Insurance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh, Pa. New Hampshire Insurance Company BID BOND IAIA 3101 KNOW ALL MEN BY THESE PRESENTS: Worldwide Bonding American International Companies Principal Bond Office 70 Pine Street, New York, N.Y. 10270 That — Vallev Crest , as Principal, and American Home Assurance Company as Surety, are held and firmly bound unto The City of Huntington Beach , as Obligee, in the sum of Ten Percent of the total amount of the bid in------------------- Dollars is 10% j, for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Huntington Beach Central Park Sports Complex _ 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 bands as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another 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, sealed and dated July 26 - 2001 r r XU i5eali ;SNit st By J. ('. iTalel American Home Assurance Company I5. retyi � Bond No. BBSfJ B y C.K. Nakamura Attorney -In -Fact 23373 S3--841 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On July 31, 2001 before me, Marie :1foj°er, :%`otaly Public , Date Name and Titte personally appeared Stephen J. Sock --------- ---------------------------------------------------------------------- Name(s) of Signer(s) ■ personally known to me -- OR -- Z) proved to me on the basis of satisfactory evidence to be the person(g) whose nam� is!aw subscribed to the within instrument and acknowledged to me that helsherhep- executed the same in his: authorized capacity(ie* and that by his:'l signatures) on the instrument the person(/), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. F P, 10 YDR 7 1221 J rr La: f; ; F ;-.- Co-.rty +� MY Ccrrtm. DpwesJun 11,2M3 Signature of Nowry OPTIONAL Description of Attached Document Title or Type of Document: Bid Bond Document Date: July 26, 2001 Signer(s) Other Than Named Above: none Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Number of Pages one Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): CA`V1FQRNIA�ALL PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On July 26, 2001 before me, Betty Walker Notary Public, personally appeared c.K_ N.kamura _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. BE.TY WALKER Com-l-, ^ 1 1 �7_ 2 P:,V CO:r_V'. EX.D-gc Spp2O, 21DD'• -. �- -� -r'3'. �� ;•'ems' =,..�=, .a�''g `"'�.y: F:.�rrrx��Y�� American Home Assurance Company PO«'ER OF ATTORNEY National Uniott Fire Insurance Compan• of Pittsburgh, Pa. Princip;+ Bond Office: 70 Pine Street, ale.+ Ygrk, N.Y. 10270 No_ 05-13-0123 3 KNOW ALL NIL-N BY THESE PRESENTS: That American Home .Assurance Company, a New fork corporation, and National Union lire Insurance Company of Pittsburgh. I'a., a Pennsylvania corporation, does each hereby appoint --- d racy Aston, Peter Arkley, C. K. Nakamura, E. S. Alhrecht, Jr., Lisa L. Thornton, William A. Sadler, Dennis `l-. ,Menard 111, Maria Pena. Beth• Walker, Tom Branigan, Marina Tapia, Clarice Lee: of Los Angeles, California --- its tree and lawful Attorneys) -in -Fact. with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of inderturinv and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective Company thereby. IN WITNESS WIIE REOF. American Rome .Assurance Company and National Union Fire Insurance Company of Pittsburgh. Pa. have each executed these presents 'tom STATE OF -EW YORK } COUNTY OF NEW YORK }ss. Or. this 61h day of .April, 2001 before me came the above ranted of[icer of American Horne Assurance Company and National Union fire Insurance Company of Pittsburgh, Pa.. to me personally ka.)wr: to be the individual and officer described herein, and acknowiedged that he executed the foregoing instrument and of ixed the seals of said corporations thereto by authority of his office. this 6th day of April, 2001 rk :. -oallonee Vice President NotWry p.:b'ic, State of New York N.c. 01CA5D21384 Qua'if:ed in Richmond County Certificate filed in New York County Corrtnisl,ior- t yntf'�s Dec. 13, 2t7 CERTIFICATE I_.ccrpts o' Rc>o!utin;ts adopted by the Boars of Directors of Amer.can Home Assurance Company and National Union Fire lnsurance Company of P:asbcrgh. Pa. on Nlay 18, 1976: IIRESMADi that tite Chairrnan of Lhe Board. the Presiden:, or any Vice Presider.[ be, and hereby is, authorized to appoint A,:ornecs-in-Fact to repr-�sen[ and act :or and cn be'hah' of tnz Company [o e..N-cats 'cOnds, cnde-:akings. recoa :izances and other contracts of =.nde:r.rity dad �yriti,^. th!igatory :; the naxrz thcrc.o:. a!'C to 1U.1ch thereto the corp1rate seal of tk:e Company, in :ire transaction of its sure[c Xisi:less; "RESOLVED, ;hat the signatures and attestations of such officer and fife sea! of the Cornpany tn3y be affixed to any such Po%y-,r ofAttorney or to any ccrific'ac rela[ir.g [hereto by facsimile. and any such Powei of Auorrwy or certiricate beeri--- such facsimile signa'crLs or iacsi:nilz Teal shail be ~•alit: an Lhe coinpaay' when so aft!xcd With respect to an-, i o;n�'. t:rc!ertaking, rccogwzancu, or other contract of 'ndemnit•: or k%rlfiag k-M-Ltory In ',he nature thereof, v "RESOLVED. that an% seen A'tOML%--ir.-!pact deliver.ng a secrctaria: certi ication :ha_ :he iorc;uitt_, resolutions stii! be in ef;ect n:ay :..her- it such ce`:I;.ca:-.(,:.:he dare :1:c re: said d;i : :a lit:•, late;- :hap. the i:ate o:thereof b', aucb. Anornev-::t-F_ict." I. ilizabctn M. Tuck. Secretary of American Honle ASst:rance Company and of National Union Fire Insurance Company. of Pittsburgh. Pa- 4o hereby eeruty 01-1: rile '.'oregoiq e\'erpls of ResoItlLlOnS adopted by the Boards of Directors of these corporations, and ,he Po%yers c! ArO.-net issued pursuant :hereto, a-e tree :and correct, dad that both C,%: Resolutions and tl:e Po%vcrs o: Attorney are ir. full force and c.._c.. IN %N'1'1'\ESS «HEREOF, I have hereunto set rtty hand and affixed the facsimi!e sea! of each corporation f s •t this 26thtay of July 2001 ]izabeth ,NI. Tuck, Secretary r 65-66 A -)91 CERTIFICATE OF RESOLUTION I, WILLIAM N. COHEN, the Secretary of VALLEY CREST LANDSCAPE, INC., a California corporation, doing business as VALLEY CREST, do hereby certify that on March 1, 2001, the following resolutions were adopted by unanimous consent of the Directors of VALLEY CREST LANDSCAPE, INC., in accordance with Article II, Section 13 of the By -Laws of the Corporation: RESOLVED, that the Board of Directors have authorized and they do hereby authorize Burton S. Sperber, Richard P. Bruttig, John T. Cable, Don Caron, Tim Carpenter, William N. Cohen, Jeff Colton, Stanley A. Colton, Vincent S. Germann, Thomas C. Donnelly, Kelly F. Duke, Anthony Garruto, Jeff Hinners, Peter Hunn, Neville A. Laatsch, William A. Leathers, Ed Mauser-Claassen, Greg K Motschenbacher, Randy A. Printz, George W. Reber, Lonnie Reed, Julianne Seeley, Steve J. Sock, Richard A. Sperber, Harold E. Stein, Randy Thuente, or any of them to execute and deliver in the name of and for and on behalf of this Corporation, any and all birds, bid bonds, contracts, contract bonds, and authorizations pertaining to contracts, liens and releases; FURTHER RESOLVED, that the Board of Directors have authorized and they do hereby authorize Carrie Conti, Diane Eveiand, Maria Guillen, Gary Hoopengardner, Barbara Jimenez, Gayla Kalvelage, Susan Kreher, Matilde Lavenant, Eileen Saldivar, Josephine Snellings, or any of them, to execute and deliver in the name of and for and on behalf of this Corporation, billings and releases; FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Corporation is hereby authorized and directed to execute a Certificate of the Secretary certifying to the passage of these resolutions; FURTHER RESOLVED, that any and all firms, persons, corporations and other entities, including, without limiting effect, public entities, shall be entitled to rely on the authority of any one of the foregoing persons to bind this corporation by the execution and the delivery of any such bids, bid bonds, contracts, contract bonds, and authorizations pertaining to contracts, liens and releases; FURTHER RESOLVED, that the authority herein contained, shall remain in effect until the persons, firm, corporation or other entity relying upon the authority herein contained receive written notice to the contrary and that all previous authorizations heretofore given with respect to the matters herein contained are revoked; provided, however, that this revocation shall not affect the validity of any instrument hereinabove referred to that was executed by any person or persons who at the time of such execution was dulvauthorizati to act. DATED: March 1, 2001 WILLIAM N.C.GtiEN Secretary CITY OF HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES Gail Hutton, City Attorney RLS No. - ap - Assn To Date Date: Request made by: Telephone: Department: 116101 Eric Charlonne 5430 Public Works INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ® Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ® Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No If not for Council action, Unless otherwise specified herein, I consent to the disclosure of the If for City Council action, desired completion date: information c ntained in this RLS to all mem a City cou 'I. Agenda Deadline Council Meeting 11/17/01 Sighature of Department Head COMMENTS Please review and approve "As To Form" the attached contract documents furnished by Valley Crest, Inc. the contractor for the Huntington Central Park Sports Complex: CC 1121. 1. Insurance Acord 2. Performance Bond # 283190 (2 copies) 3. Payment Bond # 283190 (2 copies);., 4. Maintenance Bond # 283190 (2 copies) c-) > rr 5. Certificate of Fact o%`--° °' 6. Agreement (for signature only) with Attachment "A" (2 copies)�' > M n'{ Reference previous RLS No. 2001-0724 N Routing: 1 ❑ GCH 1 ❑ PDA 1 ❑ LB ❑ SL ❑ JF ❑ ADL ❑ SF El ❑ This Request for Legal Services has been assigned to attorney , extension His/her secretary is , extension Notes: File Name: Date Completed: WP No.: ❑ Shaded areas for City Attorney's Office use only. 691 °� -Za al _1 Council/Agency Meeting Held: 01-1 1-•0l Deferred/Continued to: Ap roved ❑ Conditionally Approved ❑ Denied W. Clerk's gnature Council Meeting Date: September 17, 2001 Department ID Number: PW-01-127 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION H SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �Q SUBMITTED BY: RAY SILVER, City Administratorii1w __J PREPARED BY: RON HAGAN, Director of Community Services ,g ROBERT F. BEARDSLEY, Director of Public Works w ru x z � r p Z; r n n SUBJECT: AUTHORIZE THE AWARD OF CONSTRUCTION CO AGI�THE HUNTINGTON CENTRAL PARK SPORTS COMPLEX.CC-1121 Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council accept and award the construction contract to the lowest responsive/responsible bidder from the list of bidders who submitted bids to the Office of the City Clerk on August 2, 2001 for the Huntington Central Park Sports Complex CC-1121? Funding Source: Revenue bonds for a total amount not to exceed $18 million. Recommended Action: Motion to: 1. Approve the lowest responsive/responsible bid, submitted by Valley Crest, 1920 South Yale Street, Santa Ana, CA 92704, and authorize the Mayor and City Clerk to execute the construction contract for the Central Park Sports Complex, CC-1121, for a total bid amount of $14,842,430; and 2. Authorize the Director of Public Works to expend a total of $18,000,000 to cover the construction contract and management of $15,692,430, estimated contingency of $1,569,243, and supplemental expenditure of $738,327. Alternative Action - Deny award and reject all bids submitted for the construction of the Huntington Central Park Sports Complex, CC-1121, and direct the City Clerk to return all bid bonds. Analysis - On August 2, 1999, the %ity Council certified the Master Environmental Impact Report (MEIR) No. 99-1 for the Master Plan of Recreation Uses for Central Park. The Master Plan identifies improvements that affect 157.5 acres in Central Park, including the 45-acre Sports Complex. As a result, staff began scoping the required work with the project consultant team for the design development of the 45-acre Sports Complex Project, CC- 1121. Pw REQUEST FOR ACTION MEETING DATE: `'�"'�'�" 7, 20o DEPARTMENT ID NUMBER: AUTHORIZE THE AWARD OF CONSTRUCTION CONTRACT FOR THE HUNTINGTON CENTRAL PARK SPORTS COMPLEX, CC-1121 Project highlights include the following: • Lighted softball fields overlaid with soccer fields • Two 1,680 square foot concession standlrestroom buildings • 900 square foot maintenance building Two tot lots • 858 space parking lot • Active Landfill Gas Control System • Street frontage improvements and utility undergrounding along Talbert & Gothard together with a signalized intersection improvement On June 18, 2001, City Council approved the plans and specifications and authorized the Director of Public Works to request bids for the construction of the Huntington Central Park Sports Complex, CC-1121. On August 2, 2001, bids were received and publicly opened by the City Clerk. A total of four bids were received and are summarized below, by order of least dollar amount: 1. Ecology Construction 2. Valley Crest 3. Ace Engineering 4. Ray Wilson Incorporated (withdrawn) Original $12,810,673 $14,842,470 $16, 846,167 $18,218,830 * - adjusted to reflect the correct summation of the line item bid amounts. Corrected $14,842,430 * City Charter §614 provides that a public works contract in excess of $25,000 shall be let to the "lowest responsible bidder." Ecology Construction, Inc., (ECI) formally withdrew its bid as a result of a clerical error in the recording of the value for the "Base Bid Park Improvement." A copy of ECI's formal withdrawal request is attached for reference and was submitted within the timeframe prescribed by Public Contract Code §5200, specifically, five calendar days following the date of bid opening. The project will improve a vacant site with an attractive sports facility, which incorporates quality landscaping as well as attractive public plazas and concessionlrestroom buildings. The site grading has been designed to achieve the utmost compatibility with the surrounding area while accounting for the diverse existing geotechnical and environmental conditions. Site layout, design and site enhancements were influenced by various concerns including compatibility, aesthetics, crime prevention principals, long-term operation and maintenance, and environmental concerns. As previously analyzed as part of the EIR certification process, a portion of the site is underlain by a former landfill. In order to minimize irrigation over the landfill, the parking lot was located over this area and the sports fields were located outside 01-127 Sept 17 Stack (HCP CC 1121-Award) -2- 917101 8:57 AM REQUEST FOR ACTION MEETING DATE: 17) Zoo/ DEPARTMENT ID NUMBER: AUTHORIZE THE AWARD OF CONSTRUCTION CONTRACT FOR THE HUNTINGTON CENTRAL PARK SPORTS COMPLEX, CC-1121 of the landfill. This also centrally locates the parking area for the southwest fields along Goldenwest and the northeast fields adjacent to Gothard and Talbert. Provisions for adequate pedestrian and vehicular circulation are incorporated into the sports complex plan. Vehicular access is provided at four points as follows: • Main access of Goldenwest, north and south bound traffic, with landscape medians; • Secondary access of Goldenwest, northbound traffic only, south of the main access; • Secondary access off the existing Talbert Avenue cul-de-sac west of the library; and • Secondary access off the proposed Talbert Avenue cul-de-sac to the east of the library. The project design includes an active landfill gas extraction system entailing 34 vertical gas extraction wells and a 10 horsepower, gas extraction blower facility with activated carbon canister scrubbers. The permits for construction and operation of the landfill gas control system are currently being processed through the South Coast Air Quality Management District (SCAQMD). Additionally, the park irrigation is designed for reclaimed water distribution and is connected to the 12-inch, non -potable water main in Goldenwest Street. The design of the irrigation system includes low flow/low head drip irrigation in the Parking Lot Planting area with moisture and leak sensing features, as well as automatic valve shut off control when excessive flow is detected. The sports complex is one of nine recommendations included in the Community Sports Facilities Inventory and Needs Assessment Study that was jointly commissioned by the city and school districts. It is part of the overall strategy in meeting the needs of the children of Huntington Beach. It not only provides a site for citywide youth soccer and football tournaments, but also allows for the reconfiguration of Murdy and Edison Community Parks to better serve the northern and southern sections of the city. On April 24, 2001, the Planning Commission accepted a report filed by the Planning Director, on behalf of the Community Services Department, to phase the proposed development and allow the Hanson's Recycling Facility to remain on a portion of the sports complex site for a period not anticipated to exceed two years after completion of Phase i. On August 6, 2001, City Council authorized the sale of tax-exempt revenue bonds for the construction of the sports complex, as well as, the South Beach Phase II improvements. The city received the highest credit rating possible and consequently sold the bonds for a very favorable average interest rate of 4.5 percent. Revenue to pay the bonds comes from both beach parking revenue and sports complex program revenue. Council has also given staff direction to pursue optional revenue strategies at the sports complex including naming rights/corporate partnerships, charging for parking, and roller hockey concessions. PW01-127Award of contract for sports corn plex.doc -3- 09/04/01 2.01 PM REQUEST FOR ACTION MEETING DATE: / 7, ZOO/ DEPARTMENT ID NUMBER: AUTHORIZE THE AWARD OF CONSTRUCTION CONTRACT FOR THE HUNTINGTON CENTRAL PARK SPORTS COMPLEX, CC-1121 Attachment 2 is a 30-year proforma showing the sports complex revenue and expenses with and without the additional revenue strategies. The total bond issue for the sports complex was $18 million and the total debt service is $1-,101,755 per year. Assuming Council approves the optional revenue strategies, and the minimum projected revenue scenario is used, beach -parking revenue will have to support the sports complex for the first three years to avoid an impact on the city's general fund.. After the third year the sports complex is projected to have a net gain that can then be used to make up the beach parking revenue to the general fund. This worst -case scenario may be offset by greater parking revenue or increased value of the Naming Rights/Corporate Partnership agreement. The city's naming rights agent indicates that the naming rights package could be as much as three times the revenue projected and staff will be recommending a $.50 per auto/per entry instead of the $.25 per auto/per entry that is contained in the proforma. However, staff would rather give Council very conservative numbers and have the actual be more positive, than project maximum revenue and have the actual come in less. The following is a complete breakdown of the construction budget for the project: CONSTRUCTION PROJECT BUDGET— DIVISION OF COSTS CUMULATIVE General Construction & Contingency EXPENDITURES 1. Base Construction Bid $14,842,430 2. 10% Contingency 1,484,243 Sub-total:................................................................. $16,326,673 Il. Construction Management 1. Base CM Estimate/CQA $850,000 2. 10% Contingency 85,000 3. Materials Testing & Special Inspection 60.500 Sub -total: ....................... ................ $9959500 ........... $17, 322,173 III. Post Installation Landscape Maintenance Six Month post installation maintenance $0 .$17,322,173 (Alternate Bid Item "D"— not selected) IV. Landfill Gas Extraction Quality Control Oversight, QA/QC, Permit Compliance $100,000 $17,422,173 V. Owner Furnishing 1. Site Furniture $ 90,000 2. Play Equipment 118,000 Sub -total: ........................ ............. $208,000 ........... $17,630,173 VI. Undesignated Supplemental $369,827 $18,000,000 01-12T Sept 1T Stack (HCP CC 1121-Award).doc ` -4- 08/31/01 2:48 PM REQUEST FOR ACTION MEETING DATE: SP{rr•7 �� / 7, '200/ DEPARTMENT ID NUMBER: AUTHORIZE THE AWARD OF CONSTRUCTION CONTRACT FOR THE HUNTINGTON CENTRAL PARK SPORTS COMPLEX, CC-1121 The sports complex will be a multi -purpose facility accommodating both youth and adult sports. Attachment 3 is a sample schedule of the projected uses that will occur at the complex. Maintenance of the fields will take place on a year around basis by taking one to two fields out of play on a rotating basis for refurbishment. This will allow for the maximum use while maintaining the quality of the field turf. Public Works Commission Review: This project was presented to the Commission at its regularly scheduled meeting of May 16, 2001. Community Services Commission Review: This project was reviewed and approved by the Commission on July 12, 2000. Environmental Status: On August 2, 1999, the City Council certified the Master Environmental Impact Report (MEIR) No. 99-1 for the Master Plan of Recreation Uses for Central Park. Attachment(s): 1. Letter of formal bid withdrawal, Ecology Construction Inc., dated stamped received by the City Clerk, August 7, 2001 2. 30-year revenue and expense proforma 3. Sample sports complex use schedule 4. Sports Complex Master Plan 5. Legal Opinion Re: Charter Section 612 6. Memo from Jim Jones Re: Maintenance Costs 7. Roller Hockev Concession Proposal PW01-127Award of contract for sports complex.doc '�5- 09/04/01 9:17 AM ATTACHMENT #1 08/07/01 13:11 FAX Q002 ECOLOGY CONSTRUCTION, INC. General Enc.ineering Contractors 22019 Vanomen Street, Suite A Canoga Pad(, CA 91303 (818) 704-1093 c� a August 7, 2001 T r . . > N 1- Contract Administration n City of Huntington Beach � Re: Bid withdrawal for Huntington Central Park Sports Complex Gentlemen: Ecology Construction Inc. hereby requests the withdrawal of the subject bid due to a clerical error. This request is in accordance with The Public Contract Code section 5200_ The clerical mistake occurred in recording the value of "Base Bid Park Improvement". The correct value is $12,280,000 rather than $11,280,000 as recorded. At 5nvnutes prior to close of bid, values were transmitted to an employee on standby at the Huntington Beach City Hall. Lack of clear communication between the estimator and field personnel over the cellular phone caused the erroneous recording of bid. Please advise Ecology Construction of your approval of the above request. I am available at (S 18) 704-1093 to provide you with additional information. Best Regards, red S u� General Manager ATTACHMENT #2 REVENUE Program Income (User Fees) Optional Revenue Hockey Parking Naming Rights Total Revenue EXPENSES Debt Service M&O Utilities Capital Fund Total Expenses Net Gain I (Loss) (w/o alt rev) Net Gain / (Loss) (with alt rev) Huntington Central Park Sports Complex 30 Year Proforma of Revenue and Expenses with a 5% inflation factor With and Without Alternative Revenue Options (Based on minimum projected income scenario) 2003l04 200 b 2005W 2008/07 2007108 2008ADS 2009110 2010111 2011112 201211 $778,792 $815,632 $856,413 $899,234 $944,196 $991,405 $1,040,976 $1,093,024 $1,147,678 $1,205,059 $191, 503 $288,241 $400,146 $568,148 $200, 000 $210, 000 $220, 500 $231, 525 $100,000 $105,000 $110.250 $115,763 $1,268,295 $1,418.873 $1,587,309 $1,814,607 $1,101,755 $1,101,755 $1,101,755 $1,101,755 $305, 000 $320, 250 $336, 263 $353, 076 $93,000 $97,650 $102,533 $107,659 $75,000 $78,750 $82,688 $88.822 $1,674,755 $1,598,406 $1,623,238 $1,649,312 $797,963 $782,773-$766,824 $750,078 $596, 553 $626,381 $657, 700 $243,101 $255, 256 $268, 019 $121,551 $127,628 $134.010 $1,905,401 $2,000,671 $2,100,704 $1,101,755 $1,101,755 $1,101,755 $370,729 $389,266 $408,729 $113,042 $118,694 $124,629 $91,163 $95, 721 $100, 507 $1.676,689 $1,705,436 $1,735,620 $732,494 $714,031 $694,645 $690,585 $725,114 $761,370 $281,420 $295.491 $310,266 $140,710 $147,746 $155,133 $2,205,739 $2,316,026 $2,431,828 $1,101,755 $1,101,755 $1,101,755 $429,166 $450,624 $473,155 $130,860 $137,403 $144,274 $105,533 $110,809 $116,350 S1,767,313 $1,800,591 $1,835,533 $674,289-$652,916-$630,474 $306,460 $179,532 $35,928 $165,356 $228,711 $295,235 $365,084 $438,426 $515,435 $596,295 Parking revenue is estimated at S.25 per auto 1 per entry, staff recammenda bon vWll be 5.50 per auto per entry. Annual entries are estimated at 800,000 for the 858 space pertd V lot (375 autos /2hr mg stay / 6 harmers / 350 days). This nep. am a 43% occupancy rate. The staff goal for Naming Rights revenue is $300,000 per year with a CPI factor in the agreement, however anty $100,000 is used to the p uWrna W01 a I M UNN/m/s/m/m/ A .......... AV Air LAI- 21' ow OWT Itf-I , T, AA '7 aq -9 t. LIP VIA— I Ov- V F. Quik-S an PLAY ALL YEAR UNDER A CLEAR -SPAN STRUCTURE Serve 'em up! With a pre-engineered Quik-Span system, winter weather, rain and storms won't stop the fun. These unique structures will withstand the desert heat, and mountain blizzards. Insulating liners and HVAC keep the temperature inside comfortable. When the weather is mild, remove the sidewalls and let the breezes and sunlight in. Replace the solid panels with mesh fabric panels to keep the bugs out and the balls in. The mesh panels are available for sidewalls, or to cover the entire structure. With a full mesh cover, you can let the sunshine in, and transform your facility from indoor to outdoor. Wherever your facility is located, Quik-Span can deliver an enclosure pre-engineered to your specifica- tions, complete and ready to erect. Quik-Span sports enclosures can accommodate a pro shop, locker room, and observation decks. Modular Design These structures unite sturdy aluminum frames with modern super -strong fabric panels to create extremely rigid enclosures. Quik-Span systems are available up to 200 feet wide and up to 60 feet at the peak. And since the structures are constructed in modular sections, they can be built to any length. They are also easy to expand, or relocate. Strong & Durable All Quik-Span systems conform to stringent national building codes (ASCE, BOCA, LIBC, SBCQ. Anchored as recommended, they will stand up to wind and snow loads required by codes. Easy Assembly They are designed to erect quickly, and safely. Even the largest court or swimming pool enclosure can be erected from the ground, without special tools or equipment. Customized to Your Specifications The fabric covering is a white architectural vinyl - coated polyester, either opaque or translucent, or a combination of opaque and transparent panels. Cus- tom colors are also available, upon request. For add- itional climate control, insulating panels are available, as well as electrical systems for HVAC and lighting. Technical Information Quik Span Sports Facilities are a part of the Quik-Span line of pre-engineered,structures. These consist of aluminum frames supporting a vinyl -coated polyester fabric, to create a modular, relocatable tensioned fabric structure. Quik-Span systems require no foundations. However, for permanent installation, they may be anchored to concrete piers. The frame structures are clear span, with no supporting beams or columns. The fabric panels can be either opaque or translu- cent, or a combination of the two fabrics. The stan- dard architectural fabric has a life span of 10 to 12 years. An optional fabric is available to increase the life span to 20 years. The modular sections are available with bay spacing of 10 feet, 15 feet and 20 feet. The frame sections are connected with purlins and cross -braces. The components of the frames are interchangeable, and assemble with a single size bolt. National Community Sports Foundation, Inc. Dave Coffier PQOJECr Phone 60¢789-5855 cell 5M75-2046 office UtWLOP:NFAfr Email ncsfoundat-on@aol com sis7 A COMMUNITY NATIONAL, COMMUNITY SPORTS FOUNDATION www.nesfoundation.org FREESPANI ENGINEERING GROUND ZERO FLOORING ACADEMY ENGINEERING BEST SPORTS LIGHTING COMBUSTION ENGINEERING PROJECT GOALS & OBJECTIVES: • To provide an affordable solution for installing Inline hockey and sports facilities that will serve the community using a publicfprivate approach. • Minimize the capital and debt requirements and maximize floor time for the local hockey community. Allow a qualified licensed operator to be financially self sufficient and revenue positive in an extremely short amount of time, in order to sustain the project for years to come. SUNDOME SPORTHAUS HOCKEY PAVRION clubhouse/office 90' Zaa Sundome Community Sporthaus-Features Ground Zero hockey floor -200' x 90' 34' high (almost four stories) Efficient Radiant Gas Heating Pendent Sports Lighting Attached Modular Clubhouse (optional) Glass and Plexi Dasher Board System PARTNERSHIP SUNUCA4E SCCUTI-iAUS INLINE HOOEY PAVILION, AN AFFORDABLE COMMUNITY INLINE HOCKEY FIELDHOUSE TO SERVE KIDS a FAMILIES IN SOUTHERN CALIFORNIA FUNDING AND INSTALLATION PLAN: The National Community Sports Foundation will engineer, design and install a turn key community hockey pavilion as long as the following ingredients are available; 1. There is an acceptable installation site on a school campus, park and recreation land or some other donated a su tably zoned, parcel of land. This could also he a leased site. No liens are required on the land for financing. Minimal Sim.112 acre or a tootprint of at least 12U x 200' 2. There Is a licensed operator or manager available who will provide management and operational expertise to offer leagues, training, camps and other related activities at the facility. 3. The facility will pav for itself over the first 4 veers of operation through operational revenue, running leagues and offering trainfng rental time. PROGRAMS Ally OPERATIONS AT THE SUNOOMESPORTHAUS: You would finally have a hockey dedicated facility that would be available to serve community inline hockey sports programs, leagues, camps, tournaments, training, concessions, etc. Annual cost for operator to manage facility: $75,000 - $120,000 per year (excluding facility financing) Projected Support Revenue from Operations: $275,000 - $390,000 per year US Our Funding commitment for a typical installation: $275,000- $295,000 (over 3-5 year term) For our nonprofit community projects, a strong corporate partner' signboard and sponsorship program could also be launched to financially support the project and to help with paying off facility, funding programs and community outreaches and other improvements. Goat: $85,000 revenue per year for 4 years. DAVE COLLIER COMMUNITY DEVELOPMENT DIRECTOR 604-789-5855 (cell) 503 375 2046 (office) 4676 COMMERCIAL SE SALEM, OREGON 97302 _1-l�rltrfur HELPING COMMUNITIES HELP THEMSELVES REVENUE Program Income Optional Revenue Hockey Parking Naming Rights Total Revenue EXPENSLA Debt Service M&O Utilities Capital Fund Total Expenses Net Gain / (Loss) (W/4 an rev) Net Gain / (Loss) (with aft rev) Huntington Central Park Sports Complex 30 Year Proforma of Revenue and Expenses with a 5% inflation factor With and without Alternative Revenue Options (Based on minimum projected income scenario) 2013/14 2014H6 2015M8 2016/1_7 2017/1 2018119 2019120 2020/21 2021122 2012J23 $1,205,059 $1,265,312 $1,328,578 $1,395,006 $1,464,757 $1,537,995 $1,614,894 $1,695,639 $1,780,421 $1,869,442 $761,370 $799,439 $839,410 $881,381 $310,266 $325.779 $342,088 $359,172 $155,133 $162,890 $171,034 $179,586 $2,431,828 $2,553,419 $2,681,090 $2,816,145 $925,450 $971,722 $1,020,309 $377,130 $395,987 $415,788 $188,565 $197,993 $207,893 $2,955,902 $3,103,697 $3,258,882 $1,071,324 $1.124,890 $1,181,135 $436,575 $458,404 $481,324 $218,288 $229,202 $240,662 $3,421,826 $3,592,918 $3,772,563 $1,101,755 $1,101,755 $1,101,755 $1,101,755 $1.101,755 $1,101,765 $1.101,765 $1,101,755 $1,101,755 $1,101,755 $473.165 $495,813 $521,653 $547,736 $575,123 $603,879 $634.073 $665,777 $699.065 $734.019 $144,274 $151,488 $159,062 $167,015 $175,366 $184,134 $193,341 $203,008 $213,168 $223,816 $116,350 $122,168 $128,276 $134,690 $141,424 $148,495 $155,920 $163,716 $171.902 $180,497 $1,835.534 $1.872,223 $1,910,748 $1,961,196 $1,993,668 $2,038,264 $2,085,089 $2,134,256 $2,185,881 $2,240,087 -M0,475 -606,911 -$582,169 -$558,189 -$528,911 -$500,269 -$470,195 -$438,617 4405,460 4370,645 $596,294 $681,196 $770,344 $863,949 $962,234 $1,065,434 $1,173,793 $1,287,570 $1,407,037 $1,532,476 REVENUE Program Income Optional Revenue Hockey Parking Naming Rights Total Revenue EXPENSES Debt Service M80 Utilities Capital Fund Total Expenses Net Gain / (Loss) (w/o aft rev) Net Gain / (Loss) (with aft rev) Huntington Central Park Sports Complex 30 Year Proforma of Revenue and Expenses with a 5°% inflation factor With and Wrthout Aitemative Revenue Options (Based on minimum projected income scenario) 2023/24 202�l25 202W26 2026V27 2027/28 2028/29 2029/30 2030131 20w132 2032f33 $1,869,442 $1,962,914 $2,061,060 $2,184.113 $2,272,318 $2,385,934 $2,505,231 $2,630,493 $2,762,017 $2,900,118 $1,181,135 $1,240,192 $1,302,201 $1,367.311 $1,435,677 $1,507,461 $1,582,834 $1,661,976 $1,745,074 $1,832,328 $481,324 $505.390 $530,660 $567,193 $686,052 $614,305 $645,020 $677,271 $711,135 $746,692 $240,662 $252,695 $265,330 $278,596 $292,526 $307,152 $322,510 $338,636 $355,567 $373,346 $3,772,563 $3,961,191 $4,159,251 $4,367,213 $4,585,574 $4,814,853 $5,055,595 $5,308,375 $5,573,794 $5,852,483 $1,101,756 $1,101,755 $1,101,755 $1,101,755 $734,019 $770,720 $809,256 $849,719 $223,816 $235,007 $246,757 $259,095 $180.497 $189, 522 $198, 998 $208, 948 $2,240,087 $2,297,004 $2,356,788 $2,419,517 -$370,645 -$334,090 -$295,708 -$255,404 $1,101,755 $1.101,755 $1,101,755 $892,205 $936,815 $983,656 $272,050 $285,652 $299,935 $219,395 $230,365 $241,883 $2,485,405 $2,554,587 $2,627.229 -$213,086 -$168,653 -$121,998 $1,532,476 $1,664,188 $1,802,485 $1,947,697 $2,100,169 $2,250,265 $2,428.366 $1,101,756 $1,101,755 $0 $1,032,838 $1,084,480 $1,138,704 $314,932 $330,678 $347,212 $253,977 S266,676 $280,010 $2,703,502 $2,783,590 $1,765,927 -$73,010-$21,573 $1,134,192 $2,604,873 $2,790,204 S4,086,557 30 Year Consumer Price Index Annual Annual Percentage Year Average (Rate of Inflation) 1972 41.8 3.2 1973 44.4 6.2 1974 49.3 11.0 1975 53.8 9.1 1976 56.9 5.8 1977 60.6 6.5 1978 65.2 7.6 1979 72.6 11.3 1980 82.4 13.5 1981 90.9 10.3 1982 96.5 6.2 1983 99.6 3.2 1984 103.9 4.3 1985 107.6 3.6 1986 109.6 1.9 1987 113.6 3.6 1988 118.3 4.1 1989 124.0 4.8 1990 130.7 5.4 1991 136.2 4.2 1992 140.3 3.0 1993 144.5 3.0 1994 148.2 2.6 1995 152.4 2.8 1996 156.9 2.9 1997 160.5 2.3 1998 163.0 1.6 1999 166.6 2.2 2000 172.2 3.4 2001 178.0 3.4 MEDIAN 10 YEAR CPI 2.9 AVERAGE 10 YEAR CPI 2.7 MEDIAN 20 YEAR CPI 3.3 AVERAGE 20 YEAR CPI 3.4 MEDIAN 30 YEAR CPI 3.9 AVERAGE 30 YEAR CPI 5.1 `An estimate for 2001 is based on the change in the CPI from 1 st Quarter 2000 to 1 st Quarter 2001 ATTACHMENT #3 HUNTINGTON CENTRAL PARK SPORTS COMPLEX SCHEDULE MONTH DATE DAY MONDAY TIME FIELD 1 FIELD 2 FIELD 3 FIELD 4 FIELD 5 FIELD 8 FIELD 7 FIELD 8 8:00 AM M 8:30 AM M 9:00 AM O O O O IND IND M 9:30 AM O O O O IND IND M 10:00 AM O O O O IND IND M 10:30 AM O O O O IND IND M 11:00 AM O O O O IND IND M 11:30 AM O O O O IND IND M 12:00 PM IND IND M 12:30 PM IND IND M 1:00 PM IND IND M 1:30 PM IND IND M 2:00 PM IND IND M 2:30 PM M 3:00 PM M M M M AYSO AYSO AYSO M 3:30 PM M M M M AYSO AYSO AYSO M 4:00 PM M M M M AYSO AYSO AYSO M 4:30PM M M M M AYSO AYSO AYSO M 5:00 PM M M M M AYSO AYSO AYSO M 5:30 PM AMLS AMLS AMLS AMLS AYSO AYSO AYSO M 6:00 PM AMLS AMLS AMLS AMLS AYSO AYSO AYSO M 6:30 PM AMLS AMLS AMLS AMLS AYSO AYSO AYSO M 7:00 PM AMLS AMLS AMLS AMLS AYSO AYSO AYSO M 7:30 PM AMLS AMLS AMLS AMLS AYSO AYSO AYSO M 8:00 PM AMLS AMLS AMLS AMLS AYSO AYSO AYSO M 8:30 PM AMLS AMLS AMLS AMLS O O O M 9:00 PM AMLS AMLS AMLS AMLS O O O M 9:30 PM AMLS AMLS AMLS AMLS O O O M 10:00 PM AMLS AMLS AMLS AMLS O O 0 M CODE: M = MAINTENANCE 0 = OUTSIDE GROUP RENTAL AMLS = ADULT MEWS LEAGUE SOFTBALL AWLS = ADULT WOMEN'S LEAGUE SOFTBALL MFP C MEN'S FAST PITCH SOFTBALL WFP = WOMEN'S FAST PITCH SOFTBALL COD = CO-ED SOFTBALL SSS = SENIOR SOFTBALL CL = CHURCH LEAGUE SOFTBALL IND = INDUSTRIAL LEAGUE SOFTBALL AYSO = YOUTH SOCCER CS = CLUB SOCCER AS = ADULT SOCCER T = TOURNMENT HUNTINGTON CENTRAL PARK SPORTS COMPLEX SCHEDULE MONTH DATE DAY TUESDAY TIME FIELD 1 FIELD 2 FIELD 3 FIELD 4 FIELD 5 FIELD 6 FIELD 7 FIELD B 8:00 AM M 8:30 AM M 9:00 AM O 0 M 9:30 AM O O M 10:00 AM O O M 10:30 AM O O M 11:00 AM O O M 11:30 AM O O M 12:00 PM CL CL CL CL 0 O M 12:30 PM CL CL CL CL 0 O M 1:00 PM CL CL CL CL 0 O M 1:30 PM CL CL CL CL O O M 2:00 PM CL CL CL CL O O M 2:30 PM CL CL CL CL 0 O M 3:00PM M M M M M M M M 3:30PM M M M M M M M M 4:00PM M M M M M M M M 4:30PM M M M M M M M M 5:00PM M M M M M M M M 5:30 PM COD COD COD COD COD COD COD M 6:00 PM COD COD COD COD COD COD COD M 6:30 PM COD COD COD COD COD COD COD M 7:00 PM COD COD COD COD COD COD COD M 7:30PM COD COD COD COD COD COD COD M 8:00PM COD COD COD COD COD COD COD M 8:30 PM COD COD COD COD COD COD COD M 9:00 PM COD COD COD COD COD COD COD M 9:30 PM CAD COD COD COD COD COD COD M 10:00 PM COD COD COD COD COD COD COD M CODE: M = MAINTENANCE 0 = OUTSIDE GROUP RENTAL AMLS = ADULT MEWS LEAGUE SOFTBALL AWLS = ADULT WOMEN'S LEAGUE SOFTBALL MFP = MEN'S FAST PITCH SOFTBALL WFP = WOMEN'S FAST PITCH SOFTBALL COD = CO-ED SOFTBALL SSB f SENIOR SOFTBALL CL = CHURCH LEAGUE SOFTBALL IND = INDUSTRIAL LEAGUE SOFTBALL AYSO = YOUTH SOCCER CS = CLUB SOCCER AS = ADULT SOCCER T = TOURNMENT HUNTINGTON CENTRAL PARK SPORTS COMPLEX SCHEDULE MONTH DATE DAY WEQNESC TIME FIELD 1 FIELD 2 FIELD 3 FIELD 4 FIELD 5 FIELD 8 FIELD 7 FIELD 8 8:00 AM M 8:30 AM M 9:00AM O O O O O O O M 9:30AM O O O O O O O M 10:00AM O O O O O O O M 10:30 AM O O O O O O O M 11:00 AM O O O O O O O M 11.30 AM O O O O O O O M 12:00PM O O O O O O O M 12:30 PM O O O O O O O M 1:00PM O O O O O 0 O M 1.30PM O O O O O 0 O M 2:00 PM O O O O O O O M 2:30 PM M 3:00 PM M M M M "SO AYSO AYSO M 3:30 PM M M M M "SO "SO AYSO M 4:00 PM M M M M AYSO AYSO AYSO M 4:30PM M M M M AYSO AYSO AYSO M 5:00 PM M M M M AYSO AYSO AYSO M 5:30 PM AMLS AMLS AMLS AMLS AYSO AYSO AYSO M &00 PM AMLS AMLS AMLS AMLS CS CS CS M 6:30 PM AMLS AMLS AMLS AMLS CS CS CS M 7:00 PM AMLS AMLS AMLS AMLS CS CS CS M 7:30 PM AMLS AMLS AMLS AMLS CS CS CS M 8:00 PM AMLS AMLS AMLS AMLS CS CS CS M 8:30 PM AMLS AMLS AMLS AMLS CS CS CS M 9:00 PM AMLS AMLS AMLS AMLS CS CS CS M 9:30 PM AMLS AMLS AMLS AMLS CS CS CS M 10:00 PM AMLS AMLS AMLS AMLS CS CS CS M CODE: M = MAINTENANCE 0 = OUTSIDE GROUP RENTAL AMLS = ADULT MEN'S LEAGUE SOFTBALL AWLS - ADULT WOMEN'S LEAGUE SOFTBALL MFP = MEN'S FAST PITCH SOFTBALL WFP WOMEN'S FAST PITCH SOFTBALL COD = CO-ED SOFTBALL SSB = SENIOR SOFTBALL CL = CHURCH LEAGUE SOFTBALL IND = INDUSTRIAL LEAGUE SOFTBALL AYSO = YOUTH SOCCER CS = CLUB SOCCER AS = ADULT SOCCER T = TOURNMENT HUNTINGTON CENTRAL PARK SPORTS COMPLEX SCHEDULE MONTH DATE DAY THURSDA TIME FIELD 1 FIELD 2 FIELD 3 FIELD 4 FIELD 5 FIELD 8 FIELD 7 FIELD 8 8:00 AM M 8:30 AM M 9:00 AM M 9:30 AM M 10:00 AM IND IND M 10:30 AM IND IND M 11:00 AM IND IND M 11:30 AM IND IND M 12:00 PM CL CL CL CL IND IND M 12:30 PM CL CL CL CL IND IND M 1:00 PM CL CL CL CL IND IND M 1:30 PM CL CL CL CL IND IND M 2:00 PM CL CL CL CL IND IND M 2:30 PM CL CL CL CL M 3.00 PM M M M M M M M M 3:30PM M M M M M M M M 4:00PM M M M M M M M M 4:30PM M M M M M M M M 5:00PM M M M M M M M M 5:30 PM COD COD COD COD COD COD COD M 8:00 PM COD COD COD COD COD COD COD M 6:30 PM COD COD COD COD COD COD COD M 7:00 PM COD COD COD COD COD COD COD M 7:30PM COD COD COD COD COD COD COD M 8:00 PM COD COD COD COD COD COD COD M 8:30 PM COD COD COD COD COD COD COD M 9:00 PM COD COD COD COD COD COD COD M 9:30 PM COD COD COD COD COD COD COD M 10:00 PM COD COD COD COD COD COD COD M CODE: M = MAINTENANCE 0 = OUTSIDE GROUP RENTAL AMLS = ADULT MEN'S LEAGUE SOFTBALL AWLS = ADULT WOMEN'S LEAGUE SOFTBALL MFP = MEN'S FAST PITCH SOFTBALL WFP = WOMEN'S FAST PITCH SOFTBALL COD = CO-ED SOFTBALL SS8 = SENIOR SOFTBALL CL = CHURCH LEAGUE SOFTBALL IND = INDUSTRIAL LEAGUE SOFTBALL AYSO = YOUTH SOCCER CS = CLUB SOCCER AS = ADULT SOCCER T - TOURNMENT HUNTINGTON CENTRAL PARK SPORTS COMPLEX SCHEDULE MONTH DATE DAY FRIDAY TIME FIELD 1 FIELD 2 FIELD 3 FIELD 4 FIELD 5 FIELD 6 FIELD 7 FIELD 8 8:00 AM T T T T WFP WFP WFP M 8:30 AM T T T T WFP WFP WFP M 9:00 AM T T T T WFP WFP WFP M 9:30 AM T T T T WFP WFP WFP M 10:00 AM T T T T WFP WFP WFP M 10:30 AM T T T T WFP WFP WFP M 11:00 AM T T T T WFP WFP WFP M 11:30 AM T T T T WFP WFP WFP M 12:00 PM T T T T MFP MFP MFP M 12:30 PM T T T T MFP MFP MFP M 1:00 PM T T T T MFP MFP MFP M 1:30 PM T T T T MFP MFP MFP M 2:00 PM T T T T MFP MFP MFP M 2:30 PM T T T T MFP MFP MFP M 3:00 PM T T T T MFP MFP MFP M 3:30 PM T T T T MFP MFP MFP M 4:00 PM T T T T MFP MFP -MFP M 4:30PM T T T T M M M M 5:00PM T T T T M M M M 5:30 PM T T T T M M M M 6:00 PM T T T T AS AS AS M 6:30 PM T T T T AS AS AS M 7:00 PM T T T T AS AS AS M 7:30 PM T T T T AS AS AS M 8:00 PM T T T T AS AS AS M 8:30 PM T T T T AS AS AS M 9:00 PM T T T T AS AS AS M 9.30 PM T T T T AS AS AS M 10:00 PM T T T T AS AS AS M M CODE: M = MAINTENANCE 0 - OUTSIDE GROUP RENTAL AMLS = ADULT MEN'S LEAGUE SOFTBALL AWLS = ADULT WOMEN'S LEAGUE SOFTBALL MFP = MFN'S FAST PITCH SOFTBALL WFP = WOMEN'S FAST PITCH SOFTBALL COD = CO-ED SOFTBALL SSB a SENIOR SOFTBALL CL = CHURCH LEAGUE SOFTBALL IND = INDUSTRIAL LEAGUE SOFTBALL AYSO = YOUTH SOCCER CS = CLUB SOCCER AS = ADULT SOCCER T = TOURNMENT HUNTINGTON CENTRAL PARK SPORTS COMPLEX SCHEDULE MONTH DATE DAY A UR A' TIME FIELD 1 FIELD 2 FIELD 3 FIELD 4 FIELD 5 FIELD 6 FIELD 7 FIELD 8 8:00 AM T T T T AYSO AYSO AYSO M 8:30 AM T T T T AYSO AYSO AYSO M 9:00 AM T T T T AYSO AYSO AYSO M 9:30 AM T T T T AYSO AYSO AYSO M 10:00 AM T T T T AYSO AYSO AYSO M 10:30 AM T T T T AYSO AYSO AYSO M 11:00 AM T T T T AYSO AYSO AYSO M 11:30 AM T T T T AYSO AYSO AYSO M 12:00 PM T T T T AYSO AYSO AYSO M 12:30 PM T T T T AYSO AYSO AYSO M 1.00 PM T T T T AYSO AYSO AYSO M 1:30PM T T T T M M M M 2:00 PM T T T T M M M M 2:30PM T T T T M M M M 3:00 PM T T T T SSB SSB SSB M 3:30 PM T T T T SSB SSB SSB M 4:00 PM T T T T SSB SSB -SSB M 4:30PM T T T T SSB SSB SSB M 5:00 PM T T T T SSB SSB SSB M 5:30 PM T T T T SSB SSB SSB M 6:00 PM T T T T SSB SSB SSB M 6:30 PM T T T T SSB SSB SSB M 7:00 PM T T T T COD COD COD . M 7:30 PM T T T T COD COD COD M 8:00 PM T T T T COD COD COD M 8:30 PM T T T T COD COD COD M 9:00 PM T T T T COD COD COD M 9:30 PM T T T T COD COD COD M 10:00 PM T T T T COD COD COD M CODE: M = MAINTENANCE O = OUTSIDE GROUP RENTAL AMLS = ADULT MEN'S LEAGUE SOFTBALL AWLS = ADULT WOMEN'S LEAGUE SOFTBALL MFP = MEN'S FAST PITCH SOFTBALL WFP - WOMEN'S FAST PITCH SOFTBALL COD = CO-ED SOFTBALL SSS = SENIOR SOFTBALL CL = CHURCH LEAGUE SOFTBALL IND = INDUSTRIAL LEAGUE SOFTBALL AYSO = YOUTH SOCCER CS = CLUB SOCCER AS - ADULT SOCCER T = TOURNMENT HUNTINGTON CENTRAL PARK SPORTS COMPLEX SCHEDULE MONTH DATE DAY SUNDAY TIME FIELD 1 FIELD 2 FIELD 3 FIELD 4 FIELD 5 FIELD 6 FIELD 7 FIELD 8 8:00 AM T T T T CS CS CS M 8:30 AM T T T T CS CS CS M 9:00 AM T T T T CS CS CS M 9:30 AM T T T T CS CS CS M 10:00 AM T T T T CS CS CS M 10:30 AM T T T T CS CS CS M 11:00AM T T T T M M M M 11:30 AM T T T T M M M M 12:00 PM T T T T SSB SSB SSB M 12:30 PM T T T T SSB SSB SSB M 1:00 PM T T T T SSB SSB SSB M 1:30 PM T T T T SSB SSB SSB M 2:00 PM T T T T SSB SSB SSB M 2:30 PM T T T T SSB SSB SSB M 3:00 PM T T T T SSB SSB SSB M 3:30 PM T T T T SSB SSB SSB M 4:00 PM T T T T SSB SSB _SSB M 4:30PM T T T T SSB SSB SSB M 5:00 PM T T T T SSB SSB SSB M 5:30 PM T T T T SSB SSB SSB M 6:00 PM T T T T AMLS AMLS AMLS M 8:30 PM T T T T AMLS AMLS AMLS M 7:00 PM T T T T AMLS AMLS AMLS M 7:30 PM T T T T AMLS AMLS AMLS M 8:00 PM T T T T AMLS AMLS AMLS M 8:30 PM T T T T AMLS AMLS AMLS M 9:00 PM T T T T AMLS AMLS AMLS M 9:30 PM T T T T AMLS AMLS AMLS M 10:00 PM T T T T AMLS AMLS AMLS M CODE: M = MAINTENANCE 0 - OUTSIDE GROUP RENTAL AMLS - ADULT MEN'S LEAGUE SOFTBALL AWLS = ADULT WOMEN'S LEAGUE SOFTBALL MFP = MEN'S FAST PITCH SOFTBALL WFP - WOMEN'S FAST PITCH SOFTBALL COD ,= CO-ED SOFTBALL SSB = SENIOR SOFTBALL CL = CHURCH LEAGUE SOFTBALL IND = INDUSTRIAL LEAGUE SOFTBALL AYSO = YOUTH SOCCER CS - CLUB SOCCER AS = ADULT SOCCER T - TOURNMENT ATTACHMENT #4 lia-.d:of PD!Srzwv ---, m i 5!,fF' 3 i C-.;ER 10 S'TE !NLARGEmENr 'Cl. SlIfFT 17 W.TP PARTING 1:4 1 k .0' A -ND lu'Lq* V, AREA I ENIR'f/fXrt W--TH NOZIH AND SOUTH 5C04D ItAiFC -REM 70 RiEM 13.16 FOR 1; 7E M r,4f iES EXISTING DISC GOLF COURSE semmay V'Rlcu.A ENZ Rylua wm- N:NTH DOL1,41) IRArFiC 0Iily "ENO" - M TREES 11" , '0 SLIMS :3-! 6 r. 3 TE Yl"MES w ll') EXISTING LIBRARY 14-6ccuw ENTRY ONLY ROAD AT TALBERT EMS-ING PARKING LOT TAUERT AVE-WE VEmIMARENTRYIE)MOAD % Rom SPnPTR CCAAFIFY REFER TO SITE ENLARGEMENT V. WETS 12 AND 15 WITH RESi ROOM AND CONCUSON MWING, 10T LOT SPOVS FIELDS AND SITE VIGNETTES IEFEA '0 SHEET ti FOR TALBUTFIAZASECtiON5 I I -!R: FF E To SHEET 7AC110 UTY - CLOSED j GUN RANGE RUM TO SITE ENLARGEMENT'"" SHEET 10 WfTH PARKING LOT, FLITURE CONCESS1,0RAIR! AREA. SPORTS FIELDS AND MAINTENANCE FACILITY ICY WIDE, P4ATU2& COIOR MPAETER ACCESS WALK, TYPICAI -BAtLFIEED PLAZA - REFER TO SHEET 21.23 AND 24. BMLFIELD ENLARGEMENT. SECTK)-,qS AND M91ELD WAILS AND SITE AMENITIES NEW CONCRETE CURB AND siDwALK ADJACENT TO TALBERT BAILFIELNEFE2701 SHEET 22 FUN VIEW AND SECTIONS NEW CONCRc E CUt3 AND SICIE"'AM ADJACE.,47TO EXISTING ORANGE COUNTY TRANSFER STATION BAuFLRD PLAZA - FFIFA TO SHEET 271 AND 24, MLL.FiEim DETAILS AND SJTT . :AMENITIES L -REFER TO SITE ENLARGEMENT'A'. SHEET 7 WITH RESTROOM AND CONCESSION BUILDING. TOT LOT, AND SPORTS FIELDS I.XKWALL SHALI BE REFER TO SHEETS 13-16 FOR SrIE AT P5tOr-ErY IINE %RGNEMS SI ^WN TYPICALLY FOR SHEETS 'At, REFER TO PRELLMNAll' SITE GRADING. SITE 54'&-Cq ZONE WITH TREES ELECTRICAL PLANS, ELECTRICAL SITE EMVEEN ILCK:XWALL AND AMENITIES, SPORE FIELD LIGHTS, AND SPIRTS V.DS EXISTING SITE FENCING PLAN. SHEETS 2.0 SPORTS COMPLEX SITE LAYOUT PLAN r w it CENTRAL PARK ATTACHMENT #5 6XIT Quid & Thimmig Lu Attorneys at Law May 24, 2001 Gail Hutton, Esq. City Attorney City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 One Embarcadero Center, Suite 2420 San Francisco, CA 94111-3737 Telephone: 415 /765-15.50 Telecopier. 415 / 765-1555 Re: Applicability of Section 611 of the Huntington Beach Charter to the Proposed Huntington Beach Public Financing Authority Lease Revenue Bonds, 2001 Series A (Capital Improvement Financing Project) Dear Ms. Hutton: You have asked for our opinion on the applicability of section 611 of the Huntington Beach Charter (the "Charter") as it relates to the above -referenced proposed bond issue (the "Bonds") to be issued by the Huntington Beach Public Financing Authority (the "Authority"). It is our conclusion that section 611 of the Charter does not apply to the Bonds. First, the voter approval requirements that would apply if the City issued the bonds do not, by their terms, apply to the debts of a joint powers agency, and the City's obligation to make lease payments to the joint powers agency does not itself constitute a debt requiring voter approval. Second, section 611 of the Charter clearly relates to revenue bonds in the sense of an enterprise revenue bond (like a water revenue bond or sewer revenue bond) secured by a "special fund" which is "other than taxes" and not by a lease payable from the City's general fund. The basis for these conclusions is as follows: Analysis The text of section 611 of the Charter reads as follows: Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes, as may be specified in such bonds, may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon.the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such Gail Hutton, Esq. May 24, 2001 Page 2 special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. The Bonds will be issued by the Authority. The Authority is a separate legal entity and, therefore, is not governed by the Charter. The Marks -Roos Local Bond Fooling Act (Section 6594 of seq. of the California Government Code) provides independent authority for issuance of bonds by the Authority, including the Bonds. The California Supreme Court, in Rider v. City of San Diego, 18 Cal.4th 1035 (1998), has upheld this distinction in a fact pattern almost identical to those presented here. The Court concluded that "the voter approval requirements that would apply if the city issued the bonds do not, by their terms, apply to the debts of a joint powers agency, and the city's obligation to make rent payments to the joint powers agency does not itself constitute a debt requiring voter approval.... [T]he law governing joint powers agencies gives these agencies independent authority to issue bonds without complying with restrictions, such as voter approval requirements, that apply to local governments." Both the trial court and the appeals court had concluded that the financing plan did not constitute debt in violation of the state constitutional debt limitation. The Court acknowledged the use of this financing vehicle by other municipalities and stated that "[b]ecause of the widespread use of similar financing plans throughout the state, and because any doubt about the validity of these financing plans could impact the cost of capital for the improvement of public resources' it granted review of the matter. In responding to an argument that the City was attempting to circumvent limitations placed on it by its charter by the use of a joint powers agency, the Court said that "the Constitution and the City's charter permit the City to avoid the two-thirds vote requirement by creating a joint powers agency to finance public works projects." In addition, the Court held that "though the City's charter places restrictions on the City when it incurs certain debt, nothing in that charter indicates that those restrictions apply to a joint powers agency that the City might create." In addition, section 611 of the Charter clearly relates to revenue bonds in the sense of an enterprise revenue bond (like a water revenue bond or sewer revenue bond) secured by a "special fund" which is "other than taxes" and not by a lease payable from the City's general fund which will be the security for the Bonds. The California Supreme Court has long held that the debt limitation set forth in Article XVI, Section 18, of the Califomia Constitution, does not apply when a local government enters into a contingent obligation. The Court has held that "[a] sum payable upon a contingency is not a debt, nor does it become a debt until the contingency happens. We have repeatedly applied this principle to uphold multiyear contracts in which the local government agrees to pay in each successive year for land, goods, or services provided during that year. These contracts allow local governments to avoid price volatility from year to year and to negotiate lower prices overall by making long-term commitments." Local governments have taken advantage of this principle to enter into lease -purchase agreements Gail Hutton, Esq. May 24, 2001 Page 3 without obtaining the approval of two-thirds of the electorate, and the Court has consistently upheld these arrangements. For the foregoing reasons, it is our opinion that section 611 of the Charter poses no limitation on the issuance of the Bonds by the Authority. Respectfully submitted, e cewo ATTACHMENT #6 Ljj I ze teLV tIUNRNGTON REACH MEMORAN—OM M CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION TO: Ron Hagan, Director of Community Services FROM .lames Jones, Park Maintenance Supervisor DATE: May 4, 2001 SUBJECT: ESTIMATE OF MAINTENANCE COST FOR THE PROPOSED SPORTS COMPLEX Attached is a copy of the estimated cost of landscape maintenance for the sports complex. The proposal was supplied by TruGreen Landcare, our current landscape contractor. The estimated cast is $308,224.00 per year. This estimate includes two (2) fields to be sodded per year. This may not be necessary depending upon the use and the amount of damage -the turf is exposed to. I recommend that budgeting for maintenance of the site we should assume that at least t%W (2) of the fields will need the sod replaced at the completion of the soccer tournaments. The estimate supplied only covers the landscape areas. Any other costs for maintenance of the Infields, parking lot, restrooms, water and electricity is not included in this estimate. If you have questions, please feel free to contact me at 536.5480. JJ:ds Att. <C ;3-14. &-h-j!.e r /i ' MN-03-2001 TH 08: 25 AM FAX N0- c ,. 2 OL 1)tUGREEN tandCare"' SOUTHERN CALIFORNIA REGION Apni 20, 2001 Mr. Jim Jones Park Supervisor CITY OF HUNTiNTGTON BEACH 17581 Gothard St. Huniington Beach, CA 92649 TrnGrrPn t.andCare 1323 W S' 1:1011! 5trre; Gardena. CA 902-17 .0-<sa-?520 f .-1 X. 3 i 0- 32.1-4 i RO Re: Estimated Cust of Landscape Maintenance Area of Youth Sport Complex at Central Park Dear Mr. Jones; As per our conversation the following is an estimate of for the landscape maintenance of the Youth Sport Complex based on 19.6 acres of Turf and 4 acres of shrub beds. Equipment needed: 84" Light Weight Rcrl Vlower ` Light Weight 1%irf Type Vacuum , Hedge Trimmer Misc., Edgers, Weedeaters, and Hand Too:s Small Cushman Type Vehicle Turf Maintenance: Mowing 52 weeks per year Edging 52 weeks per year Policing 52 weeks per year Detailing 52 weeks per year Aeration 8 times per year Venicutting 1 per year Top Dressing I time per year Overseeding I time per year Fertilization 8 titres per year Filling in holes I time per wzek Shrub Red Maintenance: As Per current contract specificatiun- Policing 52 times per year Weeding 52 times per year Cultivating 52 times per year Shrub trimming as needed Fertilizing 4 times per year. NW-03-2001 TH 08:25 An FAX NO. P. 03 Irrigation maintenance' Chernical Application: Pre-eulergeniand Poi'-c-mergent weed control: As per current contract specifications As needed As needed Aheniative Estimate: t Burning in lines As required 5300.00 Per application X $ �� pc.s� O dA �� �� - The field will need to be closed once; or twice a year tar a period of tour to six weeks each time. This will give us time to rc-establish the turf gross with sod. You need to figure on 20,000 square feet of sod per field per year re-estabiishment. Removal and replacement cost is SL1.0 per square foot (not included in monthly price). Fence rental to keep public off of turf areas 52,000,00 - $4,000.00 per year (not -Included in monthly price). Specialty Turf Practices Aeriftcations per year included in monthly pi Ice. Fertilizations per year included in monthly pi -Ice Sand top dressing per year after one aeration plus or minus S 18,000.00 This does not include any unknown problems that may arise. Operating Assumptions: Above estimates do not include any infield inainterrance of game preparation. The four fields along Golden West Street are anticipated to host the City adult softball league throughout the year. This will involve softball games °.n the evenings during weekdays, and softball games throughout the day and evening on Satardays and Sundays for three seasons per year (7 days per week). However, these four fields will overlap tour soccer fields which will host soccer tournaments over an estimated six weekends per year. The objective of these four fields is to host primarily adult softball, with the exception of soccer tournament six week ends per year, An emphasis will be placed on the grass fields b,sing in good condition for softball else. Cost for above natued practices/maintenance: Esumated $870 per acre per month-517,052 Vlo• Cost per year for 19.6 acres is $204,624.00 Cost for Sluub bed 4laintenance- Estimate $650.00 per acre per month 52,600.00 "'lo., $31,200.00 per year. Combine cost for Turf and Shrub beds $19,652.00 Mo. or 5235,824,00 per year. If you have any questions after reviewing this estimate , please feel f-ee to call ine. Sincerely, er ro H rn dez rich ager6245 ATTACHMENT #7 ----Ji HUNTINGTON BEACH ROLLER HOCKEY CENTER July 2001 This business plan is confidential and intended for internal use only. The contents are not to be used for reproduction or distributed to the public or press. HUNTINGTON BEACH ROLLER HOCKEY CENTER f - BUSINESS PLAN f ` THE FACILITY The proposed building for the twin roller hockey facility will be utilizing state-of-the-art construction technology. The facility itself will be erected using a pre -designed and pre -assembled aluminum frame. The structure will then be sheathed in a tension fabric surface with optional brick exterior. National Community Sports Foundation will be providing the materials and design plans for the proposed facility. The NCSF building will provide significant advantages over conventional structures in the following ways: Savings on Cost of Construction The lightweight nature of the NCSF structure eliminates the need for deep foundation points for wails. A 100x200 facility can be erected in 3-5 days using minimal manpower and can be deemed semi -permanent. The use of tension fabric allows for an affordable alternative to conventional concrete tilt -up or steel buildings. Low Maintenance and Multi -Purpose The entire building is designed to be corrosion free and low in maintenance. The fabric tension surface is completely weather tight and its unique ceiling system allows for a large clear -span area so that it is more suitable for a multi -purpose building. A 100' building will be 337" high allowing basketball and volleyball to be played in the same facility. UNIQUE FLOORING SYSTEM NCSF intends to use a performance enhanced flooring system to the HBRHC (Huntington Beach Roller Hockey Center). The product, Ground Zero, consists of a highly durable inter -locking floor tile that permits enhanced acceleration, added wheel grip, and frictionless puck movement. The tiles can be quickly and easily removed and replaced if damage occurs and can be used for alternate sports such as basketball, volleyball, lacrosse etc. It is widely known that roller hockey enthusiast will insist upon and pay extra to skate on rink floors equipped with these types of flooring systems. PRODUCTS AND SERVICES PROVIDED BY HB ROLLER HOCKEY CENTER HBRHC will provide customers with all amenities and services expected from a ore -stop recreation facility for roller hockey or in -line skating facility. This list includes: Two Dry -Floor Surfaces HBRHC will have two regulation sized dry -floor surfaces manufactured by Ground Zero Flooring. These surfaces are suggested to be 485x85, which meets requirements for local and international roller hockey tournaments, and organized league games. These surfaces have been designed for over 15 different sports including in -line skating, basketball, volleyball, lacrosse, ball hockey, and various racquet sports. Ground Zero Floors are particularly well suited for in -line skating and similar floors are being used for NCAA volleyball. Ground Zero Floors are inter- locking tiles that allow for the floor to be portable if necessary. Each square foot of the Ground Zero surface has the exact same physical properties -and smooth surface finish. In addition, the design allows for shock absorption to reduce potential for serious injury and equipment wear. Therefore, Ground Zero Flooring offers a smooth, safe surface for in -line skaters of all abilities. Pro Shop The suggestion by NCSF to HBRHC is to use a company called HockeyGiant, which is based in Anaheim California, to become a one -stop store for all in -line skating needs. HBRHC management will operate the shop with support from HockeyGiant. HockeyGiant is an Internet/retail company that offers small operation shops such as a pro shop to acquire the latest equipment through their buying power. Normally it is hard to get ali the current lines from bigger companies such as Mission, Easton, Bauer, CCM, etc. without buying a large quantity of stock. Partnering with HockeyGiant will allow HBRHC to have all the current lines in a small 500 square foot pro shop. The cost for set up will be considerably less than standard pro shops. Cost for a turn -key HockeyGiant pro shop would be $30,000.00 while traditionally it could cost upwards of $150,000.00. Concession HBRHC will operate a concession with the basic necessities for the publics needs. It is the suggestion of NCSF that the pro shop, concession, and reception/enrollment desk be constructed in a way that they are all accessible for a single operator to run. During evening when adults are playing it would be good to keep all amenities open with little staff requirements. League Games Based upon NCSF management experience, league games generate considerably more revenue than facility rentals; therefore, HBRHC primary focus will be league games. Management will organize leagues and schedule games based upon the same techniques that have been successful in other facilities. Seasons will run in three-month increments. Registration occurs three weeks prior to the commencement of each season. Players will register in either the Youth League, Adult League, Club League or other leagues that may be developed due to alternate interests. These leagues are described in the flowing paragraphs: Youth League Youth League participants sign up on teams organized by management and pay $119.00 registration fee. (There may be an additional membership fee added to cover cost of insurance and special bonuses that a member would receive) After playing one season, players will pay a reduced rate of $114.00 for all subsequent seasons. Family members of current players will also pay a reduced rate of $114.00. The Youth League is divided into teams by age. Each age group then plays on the same day each week to provide a consistent schedule for parents. The age categories and schedules are as follows: Category Title Age Group" Game Day Tyke 8 U Monday Atom 10U Tuesday PeeWee 12U Wednesday Bantam 14U Thursday Junior 17U Friday ` Age is determined as age on or before December 31 The league will consist of 1 evaluation session, 10 league games, 2 practices and play-offs. In addition to the registration fee players will be asked to buy a home and away jersey that will be provided by HBRHC at a nominat fee of $4Q.00. This jersey will be used from season to season. Participation in the sport requires players to wear in -line skates with adequate wheels and a hockey stick. For the safety of all participants HBRHC will require that all players wear an approved helmet with facemask, elbow pads, gloves, shin pads, and a protective cup. Adult League The Adult League tends to organize their own teams. As a result, registration fees will be based upon a team rate rather than an individual rate. Each team will pay $1495.00 and be permitted a maximum of 12 skaters and 1 goalie per game. Adult League consists 15 games and play-offs. Games will be two 25-minute halves with a 5-minute warm-up. There will be two referees per game and one scorekeeper. All adult teams are required to supply their own matching jerseys with numbers (not tape) on the back. There must be a minimum of five players present for a team to qualify for a game. The same requirements for equipment will apply for the Adult League as in the Youth League. (exception will be facemask) Club League The Club League will be an advanced Youth League that runs like the Adult League. This wilt be a team registration and they will be responsible to have their own jerseys and coach. Club League will consist of an 8 game season with play-offs. Registration will be $795.00 per team. Games will be played on weekends. 4! - Facility Rentals All time not programmed for league play will be available for rental or practice time. Rental rates will be $90.00 per hour and may be adjusted by HBRHC management for peak and non peak times. Groups that may be interested in these rental times include the 1 following: -. • National and International Tournaments • Coaching clinics • Seniors events • Trade shows • Conventions • Physically handicapped participants • Basketball programs/Volleyball • Lacrosse • Fitness classes • Police/Firefighters Camps and Clinics Training camps and clinics will be offered several times throughout the year for all levels of players. Professionals and local senior players wilt lead these camps and clinics. Drop -In Hockey Public drop -ins will be important to the facility and its customers for the following reasons: • to introduce new customers to a high quality and professionally equipped facility with the view that they become a long term user. • To allow league participants to come in and practice outside of regular league games. • To allow league players to test out new equipment prior to league play. 5 Drop -in hockey will be based at $5 per person. At this price it will `- encourage novice and new players to use the facility in non peak s hours. Advertising Boards HBRHC will a€locate rental space for community based business to advertise in the facility for a fee of $600 per year per add. This could be space either on the board system or on the walls of the facility. This revenue could be turned into a full time job for an outside sales person on a commission basis considering the plan is to build two roller and two soccer facilities. Revenue could be shared for example at $200 for the sales person and $400 for the facility. Each facility could easily accommodate 40 board signs giving the sales person 160 board signs to sett at a yearly income of $32000.00 and the facility $64000.00 in additional revenue. Optional Revenue • Video games Rental lockers for equipment • Shooting gallery (coin operated shooter tutor) Public Skate �,,.•_ "i Fl '••ti r..vs. ir.•:., i - .: r.^•.� x-.�` rn. /*� f a r'* 'D'' r�1 r'\ -/p� �►, ,'� �t "'� �"•, "" l"1 ." ,, Huntington Beach Roller Hockey Center Cash Flow Projection Year 1 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL INCOMING Rink 1 Youth League 26180 27489 28917 30345 112931 Rink 2 Youth League 26180 27489 28917 30345 112931 Rink 1 Adult League 34385 359BO 37375 38070 M510 Rink 2 Adult League 34385 35880 37375 38870 148510 Rink Dropin 800 800 800 840 840 840 880 880 880 925 925 925 1D335 Rink 2 Dmp-ln 800 800 800 84D 840 840 880 880 880 925 925 925 10335 Cluri League 7155 795D 8745 9540 33390 Camps and Chnres 3120 3276 3432 3588 37" 39M 21060 Tournaments 7774 5372 16146 Facilrty Rentals 2880 2880 2880 3240 3240 3240 3600 3600 3600 3960 3960 3960 41040 Jersey sales 17600 380 960 960 20400 Concession 3000 30W 3DD0 3000 3D00 3DD0 3DD0 3000 3000 30W 30D0 3000 36000 Pro Shop 2000 2000 2000 2000 20M 2000 2D00 2000 20M 2000 2000 2000 24000 Advertising 1200 1200 120D 1200 1200 1200 1200 1200 1200 1200 12DO 12DO 14400 TOTAL 159685 10680 13956 154462 14552 11120 157437 11560 15304 160940 15910 20382 745988 (Optional) Public Skate 2560 2580 2560 2560 2560 2560 25W 2560 2560 2560 2560 2560 30720 (OPTIONAL) TOTAL 162245 13240 16516 157022 17112 13680 159997 14120 17864 163500 18470 22942 778708 EXPENSES Lease Cost 14000 14000 140DD 14000 140DO 140DO 14000 14000 140M 14000 14000 140D0 1680D0 Advertising 2D00 2000 2000 2D00 2000 2D00 20DO 2000 2000 2000 2000 2000 24000 Insurance 101>00 10000 Jersey 12750 1275D Janitorial 1500 1500 1500 1500 1500 1500 1500 1500 1500 1500 1500 1500 18000 Accounting 1200 1200 1200 1200 1200 12DO 1200 1200 1200 1200 1200 1200 14400 Management 5833 5833 5833 5833 5833 5833 5833 5833 $833 5833 5833 5833 689M Referees 7200 7200 7200 7560 75W 7560 7938 79M 7938 8335 8335 8335 93D99 Employees 4800 4800 4800 4300 4800 4800 4600 48DO 4800 4800 48M 4800 57600 Maintenance 300 300 300 300 300 3D0 300 3D0 300 300 300 300 3600 Floor Replacement 630 630 630 630 630 630 630 630 830 630 630 630 7560 Fabric Replacement 490 490 490 490 490 490 490 490 490 490 490 490 588D Supplies 1500 1500 1500 15DO 1500 1500 1500 1500 1500 1500 15w 1500 16000 Concession Supplies 1200 1200 1200 12DO 1200 1200 120D 1200 1200 1200 1200 1200 14400 Pro Shop Supplies 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 12000 Telephone 500 500 500 5D0 50o 500 50D 5130 500 500 500 500 6000 Utilities 1600 1600 1600 1600 1600 1600 1600 1800 low 1600 1600 1600 19200 TOTAL 66503 43753 43753 44113 441113 44113 44491 44491 44491 44888 44888 44888 554485 {,y+'� o� Huntington Beach Roller Hockey Center Cash Flow Projection Year 2 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL INCOAUNG Rink Youth League 31892 33558 35224 37009 137883 Rink 2 Youth League 31892 33558 35224 370D9 137683 Rink Adult League 40365 41860 43355 44850 170430 Rink 2 Adult League 40365 41860 43355 44850 170430 Rink 1 Drop -In 975 975 975 1025 1025 1025 1075 1075 1075 1125 1125 1125 12600 Rink 2 Drop4n 975 975 975 1025 1025 1025 1075 1075 1075 1125 1125 1125 126W Club League 10335 11130 11925 12720 46110 Camps and Clinics 4095 4290 4485 4650 4675 5070 77495 Tournaments 8970 9588 18538 Facility Rentals 2880 2880 2880 3240 3240 3240 3600 3600 36D0 3960 3960 3960 41040 Jersey sales 960 980 960 960 3040 Concession 3D00 3000 3000 3000 3000 3000 3000 30DO 3D00 3000 30DO 300D 36000 Pro Shop 2000 2000 2000 200D 2000 2000 200D 2DD0 2000 2000 20DO 200D 24000 Advertising 12DO 1200 1200 1200 1200 1200 1200 1200 1200 1200 1200 12DO 14400 TOTAL 170934 11030 15320 183386 15975 11490 1%673 11950 16825 189808 17480 21978 852849 (Optional) Public Skate 2560 2560 2560 2560 2560 2560 2580 2560 256D 2560 256D 2560 30720 (OPTIONAL) TOTAL 173404 13590 1788D 185946 18535 14050 189233 14510 19385 192M 2OD40 24538 883569 EXPENSES Lease Cost 14000 14000 14D00 14000 14000 14000 14000 14000 14000 14000 14000 14000 168000 Advertising 2000 2000 2000 2000 2D00 2000 2000 2000 2000 2000 2000 20W 24000 Insurance 10000 100DO Jersey 2800 2800 Janitorial 1500 15DO 15DO 1500 1500 1500 1500 15w 1500 1500 11500 15W 180D0 Accounting 1200 1200 12DO 120D 1200 1200 1200 1200 1200 1200 1200 1200 14400 Management 5833 5833 5833 5833 5833 5833 5833 5833 5833 5833 5833 5833 690% Referees 8752 8752 6752 0190 9190 9190 9850 9050 9850 ID132 10132 10132 113172 Employees 4800 4800 48D0 4800 4800 4800 4800 4800 4800 4800 4800 4800 57600 Maintenance 300 300 300 300 300 300 300 3D0 3D0 300 300 3w 3600 Floor Replacement 630 630 630 630 630 630 630 630 630 630 ow 630 7580 Fabric Replacement 49D 490 490 490 490 490 490 490 490 400 490 490 5880 Supplies 1500 15W 15W 150D 1500 15w 1500 1500 1500 1500 Ism 1500 18000 Concession Supplies 1200 1200 1200 1200 1200 1200 1200 1200 12D0 1200 12DO 1200 144DO Pro Shop Supplies 1000 1000 1000 1000 1000 1000 10D0 1000 1000 1000 1000 1000 12000 Telephone 500 500 500 50D 5D0 500 500 500 500 500 Soo 500 8000 Utilities 1600 16DO 1600 1600 1600 1600 16M 1600 16DO ISGO 1600 1600 19200 TOTAL 58105 453D5 45305 45743 45743 45743 46203 462133 46203 48685 46685 46685 564WB Huntington Beach Roller Hockey Center Cash Flow Projection Year 3 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL INCOMING Rink 1 Youth League 38913 40817 42840 44982 167552 Rink 2 Youth League 38913 40817 42840 44982 157552 Rink Adult League 46345 47840 49335 50630 194350 Rink 2 Mutt League 46345 4784D 49335 50830 194350 Rink Drop -in 1200 1200 1200 1200 1200 1200 1200 12DO 1200 120D 1200 1200 144DO Rink 2 Drop -in 1200 1200 12DO 12GD 1200 1200 12W 120D 1200 1200 1200 1200 14400 Club League 12720 12720 12720 12720 50880 Camps and Clmlcs 5D70 5070 5070 5070 5070 5070 30420 Tournaments 10166 10764 20930 Facilti Rentals 4356 4356 4356 4790 4790 479D 4790 4790 4790 4790 4790 4790 55178 Jersey sales 960 960 960 960 3840 Cortcarsion 30DO 3000 3000 3000 300D 3DDD 3000 3000 3000 3D00 3000 30DO 36ODD Pro Shop 20W 2D00 20W 2000 2000 2D00 2000 2000 2000 2000 2000 20DO 24000 Advertising 1200 1200 120D 1200 12D0 1200 12DO 1200 1200 1200 12DO 1200 14400 TOTAL 202222 12956 18026 214550 18460 13390 216490 13390 16460 218694 18460 24154 OM52 (Qptia Q Public Skate 256D 2560 2560 2560 2560 2560 2550 2560 2560 2560 2560 25W 307M {OPTIONAL} TOTAL 204782 155t6 20586 217110 M20 15950 21905D 15950 21020 221254 21020 26714 1019972 EXPENSES Lease Cost 14000 140GO 14000 14GUO 14000 140DO 140W 14000 1400D 140DO 14000 140M 16MM Advertising 2000 2000 2000 200D 2000 2000 2000 200D 200D 2000 2D00 2DDO 2400D Insurance 1000D 1D000 Jersey 2800 26DO Janitorial 1500 1500 15DO 1500 1500 1500 1500 1500 1500 15W 1500 1500 18000 Accounting 1200 1200 1200 1200 1200 120D 1200 1200 1200 1200 1200 1200 14400 Management 5833 5833 5833 5833 5533 5833 5833 5833 5833 5a33 5833 5533 69M Referees 10540 10540 10640 11180 11180 11180 11740 11740 11740 12330 12330 12330 137670 Employees 4800 4800 48M 4800 4800 48W 4800 4800 48W 48DO 4800 48W 576W Maintenance 300 300 300 300 30D 300 sw 300 300 300 3D0 30D 36M Floor Replacement 630 630 63D 630 630 630 630 630 630 ew 630 630 7550 Fabric Replacement 490 490 490 490 490 490 490 490 49D 490 490 490 5880 Supplies 1500 1500 1500 IWO 1500 1500 15W 15DO 1500 15DO 15W 1500 IBM Concession Supplies 1200 12DO 1200 12DO 1200 1200 1200 1200 1200 1200 12DO 12DO 1440D Pro Shop Supplies 1000 10DO iODO 1000 1000 100D 10DO 1D00 1000 1000 1DDO 10D0 120M Telephone 500 5DO 500 500 500 500 500 500 Sw 500 500 500 60D0 Utilities 1600 16DO 1600 1000 16W 1600 1600 1600 lew 1600 1500 1600 19200 TOTAL 59993 47193 47193 47733 47733 47733 48293 48293 48293 48883 48M 48683 589106 U FINACIAL PROJECTIONS REVENUE NET INCOME YEAR 1 $ 745988 $ 191503 YEAR 2 $ 852849 $ 288241 YEAR 3 $ 989252 $ 40014b *Note this does not include optional revenue The projections for years 1.3 have been calculated at 50% capacity with a 5% growth increase per season. At the end of 3 years HBRHC will be at 80-85% capacity according to this structure. NCSF feels that HBRHC would reach full capacity much sooner than this. After year 5 $1 b8000 per year will be added to the net income as the equipment lease financing will be completed. RCA ROUTING SHEET �'� INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Authorize Award of Construction Contract for the Huntington Central Park Sports Complex, CC-1 121 COUNCIL MEETING DATE: September 17, 2001 ..... ..... ................... .. ......... ..... ... .. .. .. . ........... ................. ...... .. ............. ................................ ... ......... .. ...... .. . ...... .. ..... .. .. ..... ... ... .. ..................... ................................... ............RCA. ..................... ... ............................ ........... .. .................... ................................ .. . .......... ... . ........... .. .. ... x .::.:. ...... .. .. ... . .................... . .... .. .. ... .. .. .. .. ..... .. .. ...... .. .... Ordinance (w/exhibits & legislative draft if applicable) Not App dicable, Resolution (w/exhibits & legislative draft if applicable)_ Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the qLty Attorney) Not Applicable Subleases, Third Party Agreements. etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the Ci( Attomey) y 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 22211cable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable . .. .. ..... .................... .............. . ..... ............. ..... ............. ..... . . . .. .. ........ ..... ..... ............. ....................... ............... ... .. . AT ENTS:' TACHM ....... ... .............. ............ .. ...... . .. . . . . . . . . .. ....... .... .. .. ............... ........ .............. . ::. . .. .. .. ... . .. .. .. . . ............................. ......... .......... ............... ...... .. .. ........................ M: �.': �::::: .. . .. F R .... ...... ...... . .. . - ... . . . .. .. ..... . .. .......................... ....... .................. ........................................... MX&8NAq0N.:;'..�'::' "ETUR40FITEM ....... ....................... ... % .......... .... ......... HOESCH P- 01 FAX ii"!Y . I~ t~ 1 , CITY OF HUNTINGTON BEACH, CA 2001 SEP I l P 2: 12 'ro: % Val YC. - •00 CC. Honorable Mayor and City Council Members, Arrc; gQ 1 NUrnber of pagas including cover spec[' From. Dovothy Hoesch Phone: (114) 846-3916 Fax phone; (714) 840-2801 It is my understanding that you are voting on who to award the contract to for building the sports complex. I feel this issue should be reevaluated to make sure this will not financially burden the citizens of Huntington Beach. In light of what is happening in the vvui id everyono foolc uncuro of their finanr.Fs and I think the city council would be unwise not to hold off on any decisions. �% (6P4M(AN[U—r)dV 9.5� P.01 w COPIES TO: Front Desk Engineer City Clerk 9 Y PROJECT CC- PROJECT NAME: SpO•E T5 G�vr��pLEjC BID -DATE: (Engineer's Estimate: $i�,,��. BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. ACE ENGINEERING 3 2. AMELCO INDUSTRIES 3. BERGELECTRIC CORP. i$ 4. BERNARDS BROS. 5. COUCH & SONS 6. CROWN FENCE CO. $ 7. DJM CONSTRUCTION CO. 8. ECOLOGY CONSTRUCTION $ 12-1 16103 9. EMMA CORPORATION 10. ENCOMPAS TECH. 11. FRANKLIN REINF. STEEL 12. FRANKS INDUST. SVCS. I 13. HAYWARD BAKER, INC. C'.1Rm T .TCT 14. MALLCRAFT, INC. $ 15. MARINA LANDSCAPE, INC $ 16. MUSCO $ 17. NELSON & BELDING $ 18. NICON ENTERPRISES $ 19. PINNER CONST. CO. $ i 20. RAY WILSON COMPANY 21. RJR ENGINEERING CO $ 22. STRAUB CONSTRUCTION I $ 23. SWINERTON BUILDERS Is 24. VALLEY CREST 2- $ (-,\Rrn T IRT 08/07/01 13:11 FAX ECOLOGaY CONSTRUCTION, INC. lAO02 General Engineering Contractors 22019 VanoNen Street, Suite A Canoga Par,c, CA 91303 (818) 704-1093 a o � C:= C) August 7, 2001 >�� ry � Contract Administration `-' n City of Huntington Beach � Re: Bid withdrawal for Iuntington Central Park Sports Complex Gentlemen: Ecology Construction Inc. hereby requests the withdrawal of the subject bid due to a clerical error. This request is in accordance with The Public Contract Code section 5200. The clerical mistake occurred in recording the value of "Base Bid Park Improvement". The correct value is $12,280,000 rather than $11,280,000 as recorded. At Sminutes prior to close of bid, values were transmitted to an employee on standby at the Huntington Beach City Hall. Lack of clear communication between the estimator and field personnel over the cellular phone caused the erroneous recording of bid. Please advise Ecology Construction of your approval of the above request. I am available at (818) 704-1093 to provide you with additional information. Best Regards, rCN General Manager LL;LI U CITY CLERK CITY OF HUNTINGTON BEACH, CA 2091 AUG - 2 P 1= 5 9 10 :z d Z - 9nv (pat VO'H3d39 14015HI.LNf1H jo Alla WILII111 ATi3 tM CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Mr. Jeffrey Hughes To: City of Huntinaton Beach, City Clerk's Office 2000 Main Street Huntington Beach. CA 92648 Date: June 21. 2001 Project/C.C. No.:Huntington Beach Central Park Sports Complex Subject:Notice Inviting Sealed Bids for the Hunting, toon Beach Central Park Sports Complex ® We are sending you: By Fed Ex By Fax Mall(Number of pages including this sheet:) ❑ We are hand delivering: Attached Under a separate cover via the following items: Shop drawings Prints Plans Samples Specifications Copy of letter Change Order Other: Item # Copies Pages Description 1 2 Notice Inviting Sealed Bids for the Huntington Beach Central Park Sports Complex These are transmitted as checked below: For approval ❑ Approved as submitted Resubmit copies for approval ® For your action ❑ Approved as noted Submit copies for distribution ❑ As requested ❑ Returned for corrections Return all check prints 1-1 For reviewlcomment Other: Remarks: Attached for your use is one copy of the Notice Inviting Sealed Bids for the Huntington Beach Central Park Sports Complex, Cash Contract No.l�l )CUP No. 00-60 and Variance No. 00.24. Please advertise the subject project as required t_o meet the August 2, 2001 bid opening date. Should you have any questions and/or concerns regarding the enclosed documents, please feel free to contact me at (714) 375-5078. cc: By: o la . Stack, Deputy City Engineer eqivs- WON! D-Atk w s�,v, Council/Agency Meeting Held: Deferred/Continued to: Approved ElCondiitiopaliy Approved ❑ Denied W1 - ity erk's Nnature Council Meeting Date: June18 , 2001 Department ID Number: PW-01-036 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER SUBMITTED BY: RAY SILVER, City Administrator &,rV Z n PREPARED BY: RON HAGAN, Director of Community Service ROBERT F. BEARDSLEY, Director of Public lr�k CLAY MARTIN, Director of Administrative Services( n SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE HUNTINGTON CEWfR4 PARK SPORTS COMPLEX, CC-1121 -f _a =StatementIssue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(sj Statement of Issue: Should the City Council authorize staff to advertise the Huntington Central Park Sports Complex CC-1121 for bidding? Funding Source: Revenue bonds for a total amount not to exceed $18 million. NOTE: By soliciting bids now, City Council will know the real cost of the project when it reviews the revenue bond issuance in August. Recommended Actions: Motion to: 1. Approve the plans and specifications and authorize the Director of Public Works to request bids for the Central Park Sports Complex, CC-1121 contingent upon final approval; 2. Approve the Sample Construction Contract (Attachment 1), subject to award of the contract to the lowest responsive/responsible bidder. Alternative Actions : Do not approve the advertisement at this time and direct staff accordingly. Analysis: Prior to the issuance of revenue bonds to fund the project, staff is recommending that Council advertise for bids. Once the bid amount is known, the bond issue can then be sized to fit the needed funding, which is estimated to be $18 million. When the bids have been received, staff will return to Council for a final approval of the bond issue and award of bid. At that time, if the project is greater than the city's ability to fund it, Council can reject all bids and cancel the issuance of bonds. On August 2, 1999, the City Council certified the Master Environmental Impact Report (MEIR) No. 99-1 for the Master Plan of Recreation Uses for Central Park. The Master Plan identifies improvements that affect 157.5 acres in Central Park including the 45 acre Sports REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: AUTHORIZE ADVERTISEMENT FOR THE HUNTINGTON CENTRAL PARK SPORTS COMPLEX, CC-1121 Complex. As a result, staff began scoping the required work with the project consultant team for the design development of the 45-acre Sports Complex Project, Cash Contract 1121. On November 15, 1999, the City Council approved the hire of NUVIS Landscape Architecture and Planning to prepare plans and specifications for the construction of the Sports Complex. Project highlights include the following: • Eight total (seven in First Phase), night lighted softball fields overlaid with soccer fields • Two 1,680 square foot concession stand/restroom buildings • One 900 square foot maintenance building • Two Tot Lots • 858 space parking lot • Active Landfill Gas Control System • Street frontage improvements, landscaping and utility undergrounding along Talbert & Gothard together with signalized intersection improvement This project has taken eight years from master plan to entitlements and funding. It will improve a vacant site with an attractive facility, which incorporates quality landscaping as well as attractive public plazas, project monumentation and concessionlrestroom buildings. The site grading has been designed to achieve the utmost compatibility with the surrounding area while accounting for the diverse existing geotechnical and environmental conditions. Site layout, design, and site enhancements were influenced by various concerns including compatibility, aesthetics, crime prevention principals, long-term operation and maintenance, and environmental concerns. As previously analyzed as part of the EIR certification process, a portion of the site is underlain by a former landfill. In order to minimize irrigation over the landfill, the parking lot was located over this area and the sports fields were located outside of the landfill. This also centrally locates the parking area for the southwest fields along Goldenwest and the northeast fields adjacent to Gothard and Talbert. Provisions for adequate pedestrian and vehicular circulation are incorporated into the sports complex plan. Vehicular access is provided at four points as follows: • Main access of Goldenwest, north and south bound traffic, with landscape medians; • Secondary access of Goldenwest, northbound traffic only, south of the main access; • Secondary access off the existing Talbert Avenue cul-de-sac west of the library; • And secondary access off the proposed Talbert Avenue cul-de-sac to the east of the library The project design includes an active landfill gas extraction system entailing 34 vertical gas extraction wells and a 10 horsepower gas extraction blower facility with activated carbon canister scrubbers. The permits for construction and operation of the landfill gas control system are currently being processed through the South Coast Air Quality Management District (SCAQMD). Sports Complex -2- 06/12/01 3:07 PM REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: AUTHORIZE ADVERTISEMENT FOR THE HUNTINGTON CENTRAL PARK SPORTS COMPLEX, CC-1121 Additionally, the park irrigation is designed for future reclaimed water distribution and is connected to the 12-inch non -potable water main in Goldenwest. The design of the irrigation system includes low flow/low head drip irrigation in the Parking Lot Planting area with moisture and leak sensing features, as well as automatic valve shut off control when excessive flow is detected. The Sports Complex is one of nine recommendations included in the Community Sports Facilities Inventory and Needs Assessment Study that was jointly commissioned by the city and school districts. It is part of the overall strategy to meeting the needs of the children of Huntington Beach. It not only provides a site for citywide youth soccer and football tournaments, but also allows for the reconfiguration of Murdy and Edison Community Parks to better serve the northern and southern sections of the city. The funding for the Sports Complex is a revenue bond issue. Council asked for a legal opinion regarding the City Charter provisions as they pertain to the city's financing authority powers. Attachment 3 is an opinion prepared by the City Attorney's office in association with • Bond Counsel explaining the city's ability to use the city's financing authority for the issuance of revenue bonds. ESTIMATED CONSTRUCTION BUDGET — DIVISION OF COSTS I. General Construction & Contingency 1. Base Construction Estimate 14,000,000 2. 15% Contingency 2,100,000 Sub -total: ................................................................... 16,100,000 II. Construction Management Budget 1. Base CM Estimate 500,000 2. 15% Contingency 75,000 3. Materials Testing & Special Inspection 60.500 Sub -total: ........................................ 635,500 ............. 16, 735, 500 III. Post Installation Landscape Maintenance * 1. One-year maintenance estimate 200,000 16,935,500 IV. Landfill Gas Extraction Quality Control * 1. Oversight, QA/QC, Permit Compliance 100,000 17,035,500 V. Owner Furnishing 1. Site Furniture 90,000 2. Play Equipment 118,000 Sub -total: ........................................ 208,000 ............. 17,243,500 VI, Undesignated Supplemental (UDS = 5%(Base Construction) - r *'s) UDS = 700,000 — 508, 000 = 192,000 17, 435, 500 Below is a summary of the proposed revenue bond issue. Sports complex -3- 06/12/01 3:07 PM REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: AUTHORIZE ADVERTISEMENT FOR THE HUNTINGTON CENTRAL PARK SPORTS COMPLEX, CC-1121 Revenue Bond Issue Summary HUNTINGTON CENTRAL PARK SPORTS COMPLEX Softball Leagues (600 adult teams x 30 games x $40 per game) $720,000 Softball Leagues (100 senior teams x 30 games x $20 per game) 60,000 Softball Tournaments (10 per year x 64 teams x $275) 176,000 Youth Softball Tournaments (4 per year x 36 teams x $60) 8,640 Outside Tournament Use (8 per year x $2,500 per weekend) 20,000 City Concessions (roller hockey, batting cages and food) 50,000 Wal-Mart Sales Tax Allocation 200,000 Sign Sponsorships 50.000 Total Estimated Sport Complex Revenue $1,284,640 Less Maintenance and Operations 415,_000 Contract Maintenance $310,000 Electricity 75,000 Water 30,000 Total Revenue Available for Debt Service $869,640 Total Bond Issue $18,000,000 Estimated Annual Debt Service (5.5% Bonds) $1,233,200 Difference between Available Revenue & Annual Debt Service ($383,600) An alternative revenue source Council could consider for the sports complex would be to put a Charter Sec. 612 vote on the March 2002 ballot to lease 5 acres of the sports complex to a commercial recreation operation that would produce a minimum of $500,000 per year (City run concessions should produce a minimum of $150,000 per year). If approved, it would increase estimated revenue by $350, 000. Finally, on April 24, 2001, the Planning Commission accepted a report filed by the Planning Director, on behalf of the Community Services Department, to phase the proposed development and allow Hanson's Recycling Facility to remain on a portion of the sports complex site for a period not anticipated to exceed two years after completion of Phase I. Attachment 2 explains in detail the phase implementation conditions. Public Works Commission Review: This project was presented and approved by the Commission at its regularly scheduled meeting of May 16, 2001. Community Services Commission Review: This project has been reviewed and approved by the Commission on July 12, 2000. Sports Complex 4 06/12/01 3:07 PM REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: AUTHORIZE ADVERTISEMENT FOR THE HUNTINGTON CENTRAL PARK SPORTS COMPLEX, CC-1121 Maintenance Impact Statement: This project has maintenance activities provided for by an allocation of a portion of the bond proceeds for the first two years. After that period, user fees will provide for the maintenance contract. The level of maintenance will be contingent on the user fees that have been set at a rate to provide for first class level of maintenance. Public Works has set this figure at $308,224 annually. Children's Needs Task Force: On May 24, 2001, the Children's Needs Task Force reviewed and unanimously approved the Huntington Central Park Sports Complex project and the Community Sports Facilities Inventory and Needs Assessment Study recommendation regarding the relocation of youth sports to community parks which the Huntington Central Park Sports Complex makes possible. Attachment 5 is a letter from the task force chair. Environmental Status: On August 2, 1999, City Council certified the Master Environmental Impact Report (MEIR) No. 99-1 for the Master Plan of Recreation Uses for Central Park. Attachment(s): RCA Author: RH:DDS:cr G:1ENGIRCAZ1-036 April 2 Stack Sports Complex -r- 06/12/01 3:07 PM ATTACHMENT #1 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TABLE OF CONTENTS Palo_ 1. STATE OF WORK; ACCEPTANCE OF RISK 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 5 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE 12 20. INSURANCE 12 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 13 22. DEFAULT & TERMINATION 14 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 14 24. NON -ASSIGNABILITY 15 25. CITY EMPLOYEES AND OFFICIALS 15 26. STOP NOTICES 15 27. NOTICES 15 28. CAPTIONS 16 29. IMMIGRATION 16 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 16 31. ATTORNEY'S FEES 16 32. ENTIRETY 17 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE CONSTRUCTION OF HUVTINGTON CENTRAL PARK SPORTS COMPLEX (CC 112t) THIS AGREEMENT, made and entered into this day of 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as construction of the Huntington Central Park Sports Complex 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: l . 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 SAMPLE 2001 Agree- sL sample Sp"rts Complet RLS 2001-0! 87 such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid 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; SAMPLE 2001 Agree- SI_ Sample Sports Complex RLS 2001-0187 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 2000 edition of Standard Specificationsfor Public lVorks Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of 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. SAMPLE 2001 Agree: SL Sample sports Complex RLS 2001-01 S'. 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 (S ), 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 O consecutive from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 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, 4 SAMPLE 2001 Agree: SL Sample Sports Complex RLS 2001-0187 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. G 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. 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, SAMPLE 2001 Agree: S!_ Sample Sports Complex Kl_S 2001-0187 for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 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. 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 SAMPLE 2001 A91-ce: SI_ Sample Sports Complex R Ls 2001-0 187 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in -all - parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars (S� 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. 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 SAMPLE 2001 Agree: Sl- Sample Sports Complex KLS 2001-0187 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 matenalss-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 SAMPLE 2001 Agree- Sl- Sample Spouts Complex R LS 2001-01 B? 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 ivork 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. 9 SAMPLE 2001 Agrec: SL Sample Sports Complex RLS 2001-+1187 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 10 SAMPLE 2001 Agree: SL Sample Sporls Comdex RLS 2001-0I87 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION. DEFENSE. HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 11 SAMPLE 2001 Agree: SL Samp;e S;IOT-,S Complex RLS 2001-018 %` 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 (S100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars (S100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (S250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less t2 SAMPLE 2001 Agree: SL Sample Sports Complex RLS 2001-0187 than S1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; shall state that the policy is currently in force; shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other farm of similar -type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all 13 SAMPLE 2001 Agree_ SL Sample Sports Complex RLS 2001-0187 said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND 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 bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 14 SAMPLE 2001 Agree- SL Sample Sports Complex RLS 2001-01 B7 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 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. 15 SAMPLE 2001 Agree: SL Sample Sports Complex RLS 2001-0187 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. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Balance of page not used. 16 SAMPLE 2001 :agree: SL Sampte Spons Complex R[_S 2001-0187 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR print name ITS: (circle alre) Chairman President: Vice President AND M print name ITS: (circle o,re� Secretarv"Chief Financial Officer`Asst. Secretary - Treasurer REVIEWED AND APPROVED: C' , Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORD'[: 1�1-0 ity Attorney 3 I D AND APP ED. Director of Public Works 17 SAMPLE 2001 Agree- SL Sample Spars Complex RLS 200 -0? S? ATTACHMENT #2 J4"iff CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HuNTINGTON BEACH To Howard Zelefsky, Director, Planning From Ron Hagan, Director, Community Services, PK Date April 13, 2001 Subject Phasing the Huntington Central Park Sports Complex The Planning Commission and City Council have approved the Huntington Central Park Sports Complex, and staff is in the final stages of plan checking and approving the plans and specs to begin the bid procedures. The time- line adopted by Council for the development of the sports complex would be out to bid in April with an award of bid at the first Council meeting in July. However, an issue has arisen with Hanson's Recycling Center currently oper- ating in Central Park on the proposed sports complex site. Up until this past month, it was the city's intention to relocate the recycling center to the adjacent county transfer station site in a separate conditional use permit process to be negotiated with the county. However, because of the complicated negotiations with the county with regard to future methane liability on the transfer station site, and because the alternative location, which is the former gun range site in Central lark, is currently undergoing a lengthy EIR process, the Hanson's Recycling facility needs to remain where it is until it can be relocated. The city is mandated under AB939 to maintain a certain level of recycling, and the Hanson's facility has been determined by Public Works for that purpose. Failure to meet AB939 guidelines could cost the city $300,000 a year in fines. In addition, Public Works has determined that loss of the Hanson's facility could add $350,000 per year to the city's cost of street and roadwork if they have to haul road material to Corona. The city is studying options to relocate the recycling facility; however, staff anticipates it will take at least two years to resolve the issues associated with the relocation of Hanson's and to go through the entitlement process. Because of Council's directed priority for the sports complex, delaying the complex for a minimum of two years is not an option. Staff has determined that the sports complex can be phased so that seven of the proposed ball fields would be built in Phase I with the eighth ball field built in a second phase. The city can then use the area designated for the eighth ball field (see attached site plan) for the interim operation of the Hanson's Recycling Center. Consequently, we are requesting that approval of an amendment to the entitlements for the sports complex that will allow the city to develop the sports complex in two phases as described above. This would allow Han- son's to remain on a pad where the eighth ball field will eventually be built. Hanson's then remains within the parcel originally designated years ago for this interim operation. Continuation of the recycling center on the sports complex site would have the following conditions: 1. The site would be 280' x 260'. 2. It would have a 30-foot high, green mesh fencing along Gothard Avenue and a ten -foot screened fencing around the recycling center with a minimum ten - foot buffer between the recycling center fencing and the outfield fencing of the adjacent sports fields. 3. Hanson's would be limited to a maximum of 25 feet for the height of its mound of recycled material and rock crushing would only be allowed a maximum of six days per month. The rock crushing operation is the only noise -generating activity created by the recycling site. 4. The outfield fences for the sports fields remaining adjacent to the Hanson's site would have an average of ten -foot buffers between them and the mesh screening and the city would provide temporary landscaping and screening to separate the view of the recycling center from participants in the sports complex. 5. Entrance to Hanson's would remain in its current location off Gothard. 6. No recycling center egress or ingress would be allowed through the sports complex. By phasing the sports complex development, the city will be allowed to maintain the Hanson's Recycling Center and meet its AB939 requirements while going through the negotiations and entitlement process to relocate the recycling operation. Staff is prepared to commit to a maximum of two years after the completion of the sports complex to remove the recycling operation and complete the second phase, i.e., the eighth field for the sports complex. Please notify me of your decision as soon as possible so that we can stay on track with the Council's timeline for -the development of the Huntington Central Park Sports Complex. This timeline is very aggressive and any delay in addressing Hanson's Recycling Center will impact the completion of the sports complex on time. RH : cr Attachment cc: Mary Beth Broeren; City Council; Department Heads; Dave Domin- guez; Jim B. Engle; Matt Lamb; Bill McReynolds; Don Noble; Doug Stack ATTACHMENT #3 Quint & ThiMMig LIT Attorneys at Law May 24, 2001 Gail Hutton, Esq. City Attorney City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 One Embarcadero Center, Suite 2420 San Francisco, CA 94111-3737 Telephone: 415 r' 765-1550 Telecopier. 415i 765-1555 Re: Applicability of Section 611 of the Huntington Beach Charter to the Proposed Huntington Beach Public Financing Authority Lease Revenue Bonds, 2001 Series A (Capital Improvement Financing Project) Dear Ms. Hutton: You have asked for our opinion on the applicability of section 611 of the Huntington beach Charter (the "Charter") as it relates to the above -referenced proposed bond issue (the "Bonds") to be issued by the Huntington Beach Public Financing Authority (the "Authority"). It is our conclusion that section 611 of the Charter does not apply to the Bonds. First, the voter approval requirements that would apply if the City issued the bonds do not, by their terms, apply to the debts of a joint powers agency, and the City's obligation to make lease payments to the joint powers agency does not itself constitute a debt requiring voter approval. Second, section 611 of the Charter clearly relates to revenue bonds in the sense of an enterprise revenue bond (like a water revenue bond or sewer revenue bond) secured by a "special fund" which is "other than taxes" and not by a lease payable from the City's general fund. The basis for these conclusions is as follows: Analysis The text of section 611 of the Charter reads as follows: Section 611. REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes, as may be specified in such bonds, may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such Gail Hutton, Esq. May 24, 2001 Page 2 special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. The Bonds will be issued by the Authority. The Authority is a separate legal entity and, therefore, is not governed by the Charter. The darks -Roos Local Bond Pooling Act (Section 6584 et sect. of the California Government Code) provides independent authority for issuance of bonds by the Authority, including the Bonds. The California Supreme Court, in Rider v. City of San Diego, 18 CalAth 1035 (1998), has upheld this distinction in a fact pattern almost identical to those presented here. The Court concluded that "the voter approval requirements that would apply if the city issued the bonds do not, by their terms, apply to the debts of a joint powers agency, and the citv's obligation to make rent payments to the joint powers agency does not itself constitute a debt requiring voter approval.... [T]he law governing joint powers agencies gives these agencies independent authority to issue bonds without complying with restrictions, such as voter approval requirements, that apply to local governments." Both the trial court and the appeals court had concluded that the financing plan did not constitute debt in violation of the state constitutional debt limitation. The Court acknowledged the use of this financing vehicle by other municipalities and stated that "[b]ecause of the widespread use of similar financing plans throughout the state, and because any doubt about the validity of these financing plans could impact the cost of capital for the improvement of public resources" it granted review of the matter. In responding to an argument that the City was attempting to circumvent limitations placed on it by its charter by the use of a joint powers agency, the Court said that "the Constitution and the City's charter permit the City to avoid the two-thirds vote requirement by creating a joint powers agency to finance public works projects." In addition, the Court held that "though the City's charter places restrictions on the City when it incurs certain debt, nothing in that charter indicates that those restrictions apply to a joint powers agency that the City might create." In addition, section 611 of the Charter clearly relates to revenue bonds in the sense of an enterprise revenue bond (like a water revenue bond or sewer revenue bond) secured.by a "special fund" which is "other than taxes" and not by a lease payable from the City's general fund which will be the security for the Bonds. The California Supreme Court has long held that the debt limitation set forth in Article XVI, Section 18, of the California Constitution, does not apply when a local government enters into a contingent obligation. The Court has held that "[a] sum payable upon a contingency is not a debt, nor does it become a debt until the contingency happens. We have repeatedly applied this principle to uphold multiyear contracts in which the local government agrees to pay in each successive year for land, goods, or services provided during that year. These contracts allow local governments to avoid price volatility from year to year and to negotiate lower prices overall by making long-term commitments." Local governments have taken advantage of this principle to enter into lease -purchase agreements Gail Hutton, Esq. May 23, 2001 Page 3 without obtaining the approval of trio -thirds of the electorate, and the Court has consistently upheld these arrangements. For the foregoing reasons, it is our opinion that section 611 of the Charter poses no limitation on the issuance of the Bonds by the Authority. Respectfully submitted, all, 71141V� C64 ATTACHMENT #4 .M/�/VWv'v' I�IVrv�l-�_'v'./�"'�,h/W�/J�M/�NV'..'V�/�n.•'V-� ^ /.. V4 "W\/�. '': \/� `; V V\.�/�/V�M/�NW W V�. o t/ CH I LDREN'S NEEDS M10 TASK FORCE ./W�.'W�.'�.V`N�'�.M/"/WWv'.M/•i.MiVWV�Mt`•W �t".N JV�/'.N-l�.'�/'vV\�V�/'�M�V`✓�✓.'V ✓'.M�'.Mi'V'✓V�iWW\" May 25, 2001 Honorable Mayor and City Council Members 2000 Main Street Huntington Beach, CA 92648 Dear Honorable Mayor and City Council: RE: Huntington Central Park Sports Complex On May 24, 2001, the Children's Needs Task Force reviewed the city's plan for a Sports Complex in Huntington Central Park and the sports facilities recommendations for reconfiguring community parks for youth sports. The purpose of the Children's Needs Task Force is to review city projects to ensure that the city is moving in a direction that meets the future needs of youth in the community. It was unanimously approved to support a Sports Complex project in Huntington Central Park and the implementation of the reconfiguration of community fields for youth sports. With the increase in youth participation, especially girls' sports, and the need for the city to meet the demand for sports fields in the future, this project is of critical importance to the community. The Children's Needs Task Force also supported the idea of combining the Sports Complex funding with a new multi -service Senior Center and Beach Improvement funding to enable all projects to move forward. The Children's Needs Task Force commends the City Council for its foresight and attention to projects that foster the quality of life and meet the.needs of the children in our community. Sincerely, Shirley Carey Chair Children's Needs Task Force SC:dwb ATTACHMENT #5 J� HUNTINGTON BEACH MEMORANDUM CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION TO: Ron Hagan, Director of Community Services FROM James Jones, Park Maintenance Supervisor DATE: May 4, 2001 SUBJECT: ESTIMATE OF MAINTENANCE COST FOR THE PROPOSED SPORTS COMPLEX Attached is a copy of the estimated cost of landscape maintenance for the sports complex. The proposal was supplied by TruGreen Landcare, our current landscape contractor. The estimated cost is $308,224.00 per year. This estimate includes two (2) fields to be sodded per year. This may not be necessary depending upon the use and the amount of damage the turf is exposed to I recommend that budgeting for maintenance of the site we should assume that at least two (2) of the fields will need the sod replaced at the completion of the soccer toumaments. The estimate supplied only covers the landscape areas. Any other costs for maintenance of the infields, parking lot, restrooms. water and electricity is not included in this estimate. If you have questions, please feel free to contact me at 536-5480. JJ:ds Att. lU cI Nf1 FAX ,Ul;. P. TRUGREEN tandCare" SOUTHERN CALIFORNIA REGION April 20, 2001 Mr. Jim loges Part Superviscr CITY OF RUN-FINTGTON REACH 17581 Gothard St. Hurn:rgton Beach, CA 92649 TrIaGreen LandCnre 1323 Wev 1:111rh. Streeo Gni-dena, CA 902-17 a1��-:ss�•1s?o FAX. j10-121•a750 Re: Estimated Cost of Landscape Maintenance Area of Youth Sport Complex at Central bark Dear Mr. Jones; As per our conversation the !ollowing is an estimate of for the landscape maintenance of the Yol::h Sport Complex based on 19.6 acres of Turf and 4 acres of shrub beds. Fautp :tent needed: b :" Light Weight Rcr; Mower Light Wei; -hi Turf Type Vacuum, Hedge Trimmer Misc., Edgers, Weedeaters, and Hand Tools Small Cuscman Type Veh,c'.e Twi':aintena:ue: Mo,,ving 52 weeks pLr year Edging 52 wetas per year Polic—mg 52 weeks per year Detailing 52 weeks per year Av-a,= S t:n:rs per year Ver icutting i per year Top Dressing 1 time per year Overseeding l ante per year Fertilization S times per year Filling in holes 1 time per week Shrub Bed Maintenance: As Per currant contract speeification- Poiicmg 52 times per year Weeding 52 times per year Cultivating 52 times per yea - Shrub trimming as needed FCrMizing 4 times per year. PAY-03-2001 Tuu 08!25 R FAX No. P. 03 Irrigation maintenance: As per current contract specifications Chemical Application: As needed Pre-ennergent and Post -cmerg4nt weed control: As needed Alternative Estimate: g te - -C Burning in lines As required S300.00 Per application. X S ��p� S� � The field will need to be closed once or twice a year for a period of tour to six weeks each time. This will give us time to rc-establish dw turf gross with sod- You :reed to figure on 20,000 square feet of sod per field per year re-establislL-nent. Removal and replace -lent cost is Si.10 per square foot (not included in monthly price). Fence rental to keep public off of turf areas S2,000,00 - 54,000.00 per year (not included in monthly price). Specialty Tur Practices Acrifications per year included in monthly price. Fertilizations per year included is nnorth,y price Sand top dressing per year after one aeration plus or minus S 19,000.00 This does no: include any ur nowr problems that may arise. Operating AsSumptions: Above estimates do not inc�udc any infield maintenance or game preparation. The four fields alone Golden West Street are antic:pa.ed to host the City adult softball league throughout the year. This will involve softball ea.-nes .n the evenings d'"rin; weekdays, arc' softball games throughout the day and evening on Satardays and Sundays for three seasons per year (7 days per week). However, these four fields will overlap tour soccer f icl& whlcC u•:11 host soccer touma:mcn,.s over an estimared six %tice+kends per year. The ob;ecnive Ur tht!sc ;o•.'.r tie'ds is to host primarily aduh soPba!'., with 1h.- exce-,ion o= soccer iourriament s;C week. ends per year. An emphasis Aill be placed on tht: grass :fields b-nng in good condition for softhall use. Cost for above narined practices/maintenance: Estimated S870 per acte per month-S!7,052 Ito. Cost per year for 19.6 acres is $204,624.00 Cost for Shrub bed Maintenance- Estimate S650.00 per acre per mon:lr S2,600.00 Mo., S31,200.00 per year. Combine cost for Turf and Shrub beds 519,652.00 Mo. or S235,824.00 per year. If you have any questions after reviewing this estimate , please feel f.-ee to call ine. Sincerely, er io H rn dez rich ager6245 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Authorize Advertisement for the Huntington Central Park Sports Complex, CC-1 121 COUNCIL MEETING DATE: June 18, 2001 . ..................... ................. ......... ............ . .......... S ...... ... .. .. ...................... ...... ........ ..... ....... H M ENT ............. . . . ............... . :.............STATUS......:... .. . ..................... ...... ........... .... .. ...................... . ................. ..... m�.......... ... ..... ..... ..... ... ........ ... .................. .............................. . Ordinance (w/exhibits & legislative draft if a2plicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Mae, Location Ma 2 and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City A ttomyj Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000)_ Not Applicable Bonds If applicable)_ Not Applicable Staff Reeort If a22licable) Not Applicable Commission, Board or Committee Report If app Licable) Attached Findings/Conditions for Approval and/or Denial Not Applicable .......... ....................... ........... ..:. ::: . ............ .......... . . ............. . ....... . .. ..... ... EXPLANATION ::FOR �:MISS.ING:ATTACHMEN.TS::::: . ....... ........... ... ....... RCA Author: DSS `1 h r 4 4- : - CENTRAL PARK . ; SPORT0 00MPLEA- d ; I r Permission to x Advertise For Construction Bids \ Timeline i yE a Y + ! 1997 — Sports Complex Master Plan approved `� July 1999 — El approved by Planning Commission August 1999 — EIR certified by City Council November 1999 — City Council approves consultant for entitlements and plans & specs October 2000 — Planning Commission approves CUP ., e-"6 June 2001— City Council authorization to solicit bids August 2001— City Council reviews pro forma, low bidder, `� and revenue bond issuance ,PTA CaMMInN G{4TIcN F-1 i 0 }>+_ Sports Complex Elements '~ • � V r v & 8 Softball Fields Overlapping 8 Soccer Fields ; & 2 Tot Lots ,�g 2 Restroom/Concession Buildings 858 Space Parking Lot Maintenance Building c Active Landfill Gas Control System ,2 Street Improvements — Gothard & Talbert ,Later Phase jv,& 4 Roller Hockey Rinks + t 6 Batting Cage X axiom R -lam �•.i a ° �� :�,� .��r'� _..,_ _ �. . -: - - ciimw � SAMar + r°\A t i7i= bim [WAIL -'-_�• -' =_ -' � Hanson's Temporary Site A, ' �'11L[if[M64 - wuv IULL[[1 - LAKI + j V � SPORTS COMPLlX Im urart wAL! - i>� t CENTRAL PARK CRY OF HUNTINOTON BEACH, cAuFORNIA :.r�' J 2 Central Park Sports Complex Recommended Actions: 1. Approve the plans and specifications and authorize �,, ; Director of Public Works to request bids for the Central Park Sports Complex, CC-1121 contingent k-4"` upon final approval; and i;'; j• 2. Approve the Sample Construction Contract subject to award of the contract to the lowest x responsive/responsible bidder. THESE ACTIONS DO NOT OBLIGATE CITY TO CONSTRUCT HCP SPORTS COMPLEX R, - H entral Park Sports Complex _ r Revenue Bond Issue _Summary Softt�ell leagues {600 adult teams x 30 games x $40 per game) $720,000 Softball liagues (100 senior teams x 30 games x $20 per game) __. 60,000---_ Softball toumaments (10 per year x 64 teams x $275) 176,000 ,Youth softball tournaments (4 per year x 36 teems x $60) 8.640 Outside tournament use (8 per year x $2,500 per weekend) 20,000 ! ;• Clty concessions (roller hockey, batting cages and food) 50,000 h Wal-mart sales tax allocation 200,000 _ v Sign sponsorships 50.00a ,..Total estimated s Ports complex revenue $1,284,640 Less maintenance and operations 415,0 Contract maintenance $310,000 Electricity 75,000 Water 30.000 :Total revenue available for debt service $869,640 Total bond issue $18,000,000 yEstrmated annual debt service (5.5% bonds) $1,233,200 •L ! `, i6iflerence between available revenue & annual debt service ($363,640) 3 I 6/18r01 Public Comments summary for Speaker Norm Westwell AND MADE ROM A clou PART OF 7}� �1E�71ri3 QF / Speakers position on selected agenda items: o�r,� t co�v +cwAY CRY arc nu D-1 In Favor l D-2 Against — Unnecessary expansion of governmental powers. f D-3 Against —The public NEVER benefits in a no contract Recommend this contract go to bid. -J E-6 Against — The city is currently paying a Director of Water Operations, an interim Director of Water Operations, in addition to full time staff. A very substantial sum of money. These paid employees, and consultant should be performing this type of work. If they cannot perform the necessary work of the city for normal water projects, either eliminate the city positions or the consultants. Paying both is absurd. E-8 Against --- New `'trial" programs should not be undertaken while the city is in our current budgetary shortfall. E-9 Against — $45,000 for change orders! Let's get the project correct from the begining. An anticipated S45,000 in change orders identifies a project which has not been carefully planned. Recommend using Grant money more efficiently by eliminating change orders. E-10 Against — A 1.2 million dollar expenditure should not be a Consent Calendar Item This is not a routine expenditure. The city has spent a half a million dollars on a police vehicle locator system that was to last 10 years minimum. The police abandoned it in Iess than 5. The city has yet to remove the old system transmitters spread through out the city. E-20 Against — If the people cannot enjoy the freedom to celebrate at home, on private property with safe and sane fireworks, the city should not be permitted to expend taxpayer money to engage in a monopoly enterprise, collecting money as a result of the restrictive ordinances it has established. Recommend re -legalizing limited safe and sane fireworks within the city limits and creating an ordinance prohibiting the unsafe use of safe and sane fireworks. Alternate action -- Relocate future public fireworks displays back to the city pier, our cities landmark. F-1 In Favor -- This is a fine example of a much needed and lonor overdue public project. llz H-3a. Against -- NYMB_ Y ! This is a feel good politically motivated ordinance that will serve no useful purpose. The state can't get people to wear seat belts! HB can force people to purchase "some kind" of alarm equipment, but vs-e can't make them use it. So what's the point. People must be responsible for their own actions. When the government removes all responsibilities from the people, the people are no longer responsible. The government is not here to protect children from drowning. If it were, it would be providing free swimming Iessons. The government IS here to protect the liberties of individuals. Addendum — See U.S. Constitution Speakers oral comments: Speaker feels 4" of July fireworks signs are ambiguous and cause confusion. (Speaker provided sign examples to council) Speaker against further funding of the D.A.R.E program. Reason: D.A.R.E. has been shown over and over to be an ineffective waste of money. Speaker presented council with a 10 year follow up study by the Journal of Consulting and Clinical Psychology with findings supporting the position that the program is a ineffective waste of money. This study may be found on the Internet at: http:'/www.apa.org/journals/ccplccp674590.html Presented council with additional background information by Jodi Upton and Kim Kozlowski of the Detroit News. This information may be found on the internet at: httpJiwww.detnews.com/specialreports/2000/dare/skepticslskeptics.htm Speaker against increasing fees for liability insurance for the rental of park facilities such as fire pits and barbecues. The city already has liability insurance for public property. We don't need insurance on top of insurance. These are public facilities intended to be used by the public. The public must not be charged over and over again to use it's own facilities. Speaker would like clarification of the reaffirmation of HB3-TV public policy for upcoming consideration. The cities current position is this is a "government" channel intended to showcase the cities position on issues and highlight city functions in a positive light for the public. The policy goes as far as to exclude the public because as a "government channel" the public has no right to access. I would like to remind my elected officials, this is representative government OF THE PEOPLE, BY THE PEOPLE, AND FOR THE PEOPLE. Our government is the people themselves. The city has put itself into a position of "us against them" mentality. Instead of working with the community, it now works to oppose, oppress and censor the community. The public does not intend to continue paying for city sponsored propaganda. A Recommend action: Directi staff to update HB-3TV policies a«u procedures for reaffirmation. These policies and procedures should show intent and use of the facilities and must show it will operate in the best interests, benefit and necessity of the community and allow for public input and interaction. Alternate action: Eliminate H133-TV because it only benefits public officials does not benefit the community at large. W. I CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 15 ,2002 To: Ace Engineering, Inc. ! `� 1880 Wright -Avenue La Verne. CA 91750-5824 Enclosed please find your original bid bond issued by Fireman's . Fund insurance Company for CC No. 1121. Connie Brockway, CIVIC City Clerk Enclosure g.1.'ouc.vuplcashconiretumbidbond.doc (Telephone: 714.536-5227 ) ` 6 Fireman's Fund Insurance Company BID OR PROPOSAL BOND ❑ The American Insurance Company ❑ National Surety Corporation ❑ Association Indemnity Corporation ❑ American Automobile Insurance Company FiI'emanS Home Office: 777 San Marin Dr. Fund Novato, California 94948 KNOW ALL MEN BY THESE PRESENTS: That we, ACE ENGINEERING, INC. (hereinafter called the Principal), as Principal, and FIREI•iAN' S FUND INSURANCE COMPANY , a corporation organized and doing business under and by virtue of the laws of the State of CALIFORNIA , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10 % OF BID ) lawful money of the United States of America, for the payment of which, well and truly lobe made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the Obligee a bid or proposal for the HUNTINGTON CENTRAL PARK SPORTS COMPLEX in accordance with the plans and specifications filed in the office of the Obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said Principal shad 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 oomptetion 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 premises to be duly signed this 27 ti-day of JULY, 2001 ACE ENGINEERING, INC. By S3 FIRE`LAN' S FUND INSURANCE COMP.42\Y By � 360277-5-89-JMH SHAWTN BLUM]f Anomey-in-Fad _ . FIREMAN'S FUND INSURANCE COMPANY NATIO%ALSURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomestieated-in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corpora[- , id AMERICAN AUTOMOBILE IN URANCE COMPANY, a Missouri corporation (herein collectively called "the Companies") does each hereby appoint �le�lael D. Stang, Rosemary Stanley, Susan C. Monteon, and Shawn Blume, Riverside, CA their true and lawful Anomcv(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, scat, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ""-"""""""--"'"""'"'""'"""""------"'----- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attorney(s)-ia-Fact may do in the premises. This power of attorney is granted under and by the authority of Article V11 of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and seated under the authority of the following Resolution adopted by the Board of Directors of FIREMAN*S FUND INSURANCE COMPANY. NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, :hat the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Conpasiss may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attomev, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding „tea the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice -President, and their corporate seals to be hereunto affixed this 13 day of October 1998 TM °""�• AAN'S ►�ii`` FIREMAN'S FUND INSURANCE COMPANY 4 q �,.� '.+•'�q6_ NATIONALSURETYCORPORATIO pJ Qr *� `� •%••.... �. s r 4, tea: c Fe O [� e '! °3: —•—'; THE AMERICAN INSURANCE COMPANY x seM agra 3 � � f - r � F 9 8 A L =S ASSOCIATED INDEMNITY CORPORATION y AMER1(7AV A. tTOMOBILEINSURANCECOMPANY �J tr •�, 1lVCt COS' 'P+M ` 0'� `s��+r,.1jlCC3»O-•a`� By • STATE OF CALIFORNIA Yc Presldenr COUNTY OF MARIN SS. On this 1) day of October' 1998 before me personally came M• A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is a Vice -President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name iktreto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written: L OCAUMPO Commission R 1163726 Z : Notcry Public - California Marro County r/ My Ccrrtm. ExD'res Nov 28. 2DQ1 Naum Public CERTIFICATE STATE OF CALIFORNIA I ss. COUNTY OF MAR[N 1, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in fu!l force and has not been revoked; and furthermore that Anicle VII of the By-laws of each company, and the Resolution of the Board of Directors; set forth in the Power ofAttomey, are now in force. Signed and sealed at the County of klarin. Dated the ! day of JP�Po►�SIFyN�Uiq� /f��///•J .� �`O� RAT/.•Fiji w' •a, O '� �,—.'—,-�'�. '# `/" Zs[rvrasra�{ ?� s sew r-t3` 4 � fo = x � _fir _. .x '{/ � C� �L�� � i�'Ct Ga`A 4+�'cr C�J [Ct:S:►�;Fe� RetidentAraii4nlsCpCury 360739-11-93 STATE OF CALIFORNIA I SS. COUNTY OF __- ✓JRIV>;RSIDE On _,_,_•- j 7/0J -,before me, R, STANDLF;Y PERSONALLY APPEARED personally known to me ` -�`�����^ ^• -^^� to be the person(64 whose name{} - is/za;& subscribed to the within instrument and acknowl- edged to me that he/executed the same in his/ ].;ate authorized capacity4es), and that by his/ke+6/ 4heir signatures} on the instrument the person(4 or the entity upon behalf of which the per5on44-etcted, executed the instrument. WITNESS my hand and official seal. l�amxz&�_ Signature f OPTIONAL SHAWN BLUME R. STANDLEY `1 COMM. #1263272 1JOTARY PUaL1C • CAL1r0RNIA R1vERslor; COUNTY GO'"lJly Comm. 5: giros JI RO 7, 2Q04 This ar<:a for O�firnl Notarial Sent Though the data below is not required by law, it may prove valuab!e to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER TIT�E s% ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL R1' ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIANiCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME CF PERSONIS) OR EN71Ty(1ES; DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1^-0-51 Rev-6;94 ALL-PURPOSE ACKNOWLEDGEMENT tn x 0 y v 0 U3 >t7l 0 0 '-3 t-1 tij G) (D 0 pt 0 F-3 H n > :3:: t-1 . IT, S2 V. i ul SECTION C PROPOSAL for the HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX CASH CONTRACT No. 1121 CUP No. 00-60 and Variance # 00.24 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COtiNCIL OF HUNTINGTON BEACH: In compliance with the 'Notice Inviting Scaled 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 therefore, 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 346 working days (16 months), starting from the date of the ;Notice to Proceed. The portions of the six (6) month post -installation period remaining or not started on the date of the Notice of Completion is not included in the time expressed for construction. 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 andior 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 declares that this proposal is based upon careful examination and full understanding of the necessary actions, operations, and incidentals to relocate the City's maintenance building currently at the City's Beach Maintenance Yard at 19601 Beach Boulevard (at Yorktown) and install as indicated on the drawings. BIDDER declares that this proposal is based upon careful examination of the related contract documents as listed in Instructions to Bidders available for review at the City of Huntington Beach Public Works Department. C-! BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find bidder' sboniA the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature 1 7/27/2001 iyn C-2 +� CITY OF -HUNTINGTON BEACH 2000 Main Street Robert F. Beardsley, P.E. Director P. O. B o x 1 9 0 California 92648 Department of Public Works (714)536-5431 Huntington Central Park Sports Complex Cash Contract 1 121 City of Huntington Beach ADDENDUM NUMBER i July 25, 2001 Notice To All Bidders: This addendum is hereby made a part of the contract documents to the some extent as though it were originally included therein. Please note the following clarifications and revisions to the project specifications, plans, and contract documents: i . Architectural - RFI Roofina Specifications Studio 7 (project architect) has "accepted as noted" the proposed substitution of GAF Materials Corp Specification N-B-4-M with the following notations: • Roof system must be classified as a "Class A" roof by UL ■ Warranty shall be ten 110) year, no dollar amount Studio 7 (project architect) has "accepted as noted" the proposed substitution of US Intec, a division of BMCA Specification M-B4TP-N with the following notation: ■ Roof system must by classified as a "Class A" roof by UL ■ Foundation anchor bolts for the relocated maintenance facility (KWIK-GILT) building shall be a minimum of 5/8" diameter. 2. Architectural - Restroom & Concession Building At each Concession Building, the Contractor shall provide 8, install: Two (2) 1'-6" x 2'-0" painted, galvanized iron, louvered, attic vents covered w/ corrosion resistant metal mesh w/ mesh openings of 1/4' in the wall of the mechanical well; and Two (2) 24" x 36' painted, galvanized iron, water tight, attic access panes in the wall of the mechanical well. Addendum 1, CC-1121, July 25, 2001, page 1 of 3 G:\Cer.stn,clic'1 Contrac's(CCs;\CC1'2'\Ccrreso\Ad�c endo\Addenu'n.doc 3. Revised Bid Form Including Section 2401 LFG Items Bidder shall use the revised attached bid from when submitting sealed bid. 4. Landfill Gas Control System Contractor's attention is drawn to the following changes in the specifications. • Section 02400, Part 1 - General, 1.01 Nature of Work, Item A, change "thirty- four (34)" to "thirty-five (35)" • Section 02401, 1.01 Nature of Work, Item 2, change "thirty-four (34)" to "thirty- five (35)", and "1470" to "1510" vertical feet of drilling, ■ Section 02401, 1.01 Nature of Work, Item 3, change "thirty-four (34)" to "thirty- five (35)", change "680" to "710" lineal feet of two-inch (2") SCH 80 solid PVC pipe, and change "740" to "810" lineal feet of three-inch (3") SCH 80 perforated PVC pipe. • Section 02401, 1.01 Nature of work, Item 4, change "thirty-four (34)" to "thirty- five (35)". ■ Section 02405, Part 1 - General, 1.01 Nature of Work, Item A, change "thirty- four (34)" to "thirty-five (35)". 5. Water Utility Plan Sheet U-5 page 33 of 161 Modify all slurry backfill to 1 sack slurry in lieu of 2 sack. Detail 2 - 2" Multiple Service Manifold: 1. Change construction of 6" DIP to 6" PVC, Class 150. 2. Delete new fire hydrant at Sta. 121 +02 and install new fire hydrant, per City std. 607, at the end of the 6" PVC manifold. 3. Construct 12"xI2"x6" tee per Water Division Std. 614. ■ Detail 4 - 12" Water Lateral Connection: 1. 12" PVC shall be Class 200 in lieu of Class 150. 6. Construction Quality Assurance iCQAI Plan "Construction quality assurance" or "CQA" means a planned system of activities that provides assurance that the Alternative Final Cover (AFC) is constructed as specified in accordance with the design specifications approved by the RWQCB. As used in the California Code of Regulations (CCR), Title 27, the term includes "Construction quality control" or "CQC", a planned system of inspections that is used to directly monitor and control the quality of a construction project as it relates to the final cover. A copy of the submitted CQA plan is attached and by this reference made apart hereof the contract documents. The CQA identifies specific responsibilities of both the General Contractor and City of Huntington Beach. The bidder is hereby directed to review the CQA plan and make all necessary provisions with the submitted base bid to account for all associated obligations required to construct the AFC in accordance with the approved design. Pre -Bid Meeting Attached please find copies of the approved meeting minutes and sign -in sheet from the July 20, 2001, pre -bid meeting held at Central Library, meeting room "C". Addendum 1, CC-1121, July 25, 2001, page 2 of 3 GAConstriction Contracts ICCsI\CC1121\Correso\Addenda\Addendurr..doc 8. RFI - Signs The following is clarification regarding signage: ■ Thickness of material for letter 'boxes' on D/L-9 is one -quarter inch (1/4"). • Letters shown on walls of D/L-10 and C/L-10 are solid. • Letters on C/L-10-are straight. 9. RFI - Pilasters Masonry pilasters for the fencing shown behind the semi -circular planters between backstops 2&3 and 5&6 are as shown on the plan views - three (3) at each area for a total of 6 pilasters. 10. RFl - Soundwall Block size for the soundwall shall be standard size of 10 x 8 x 16. All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the project cost estimate nor the Bid Opening date/time for this project. D UGL S S. STACK, P.E. eputy City Engineer Enc. Bidder Acknowledge: Ace Engineering,Tnc. I 8/1/2001 Company Name By Date Addendum 1, CC-1121, July 25, 2001, page 3 of 3 G:\Consiruciion Con.rocis (CCs)\CC1121\Cor�esD\Addenda\Adaendum.doc BID FORM HUNTINGTON CENTRAL PARK SPORTS COMPLEX CASH CONTRACT NO. 1121 CUP NO.00-60 and Variance #00.24 REVISED WITH ADDENDUM i Bidder.. Ace Engineering, Inc. Item Description Estimated. Emit Price ' Extended Amount . Qty 1 Base Bid Park Improvements I 1 is0010 2 Talbert .avenue Under -rounding 1 is � � � S 35. �- 3, 000 1 3 Gothard Street Undergrounding 1 is ao 8S oDo�� /.T 4 Hauling of PHC Impacted Soil 23,000 S tons I �� � • ��� coo S Gas Extraction Svstem Blower Station 1 is S (Section 02401, No. 1) i 6 Drilling 33 LFG Well Borings (Section 1,510 of 5 7 —{ S iI 02401, No. 2) 7 Construct 35 LFG Well Casings — 2" 110 if 5. S SCH 80 (Section 02401, No. 3) 2, 8 Construct 35 LFG Well Casings — 3" 810 if 4 s• SCH 80 (Section 02401, No. 3) I i p, ef r 2$ ''- 9 Construct 35 LFG Well Meter Runs 35 ea S.T S • I (Section 02401, No. 4) 10 LFG Condensate Sumps (Section 02401, 8 ea No. 5) ' j I q i 11 1" SDR 11 HDPE LFG Condensate I 3.000 if SSJ Piping (Section 02401, No. 6) 12 '_" SDR 11 HDPE LFG Condensate 3,000 If �. ;� Piping (Section 02401, No. 7) s- oo C6, Sbo 13 ; LFG Blower Station Electrical Service + 1 is (Section 02401, No. 8) i r Page i of 3 C-3 r Item I Description Estimated , Unit Price Extended Amount Qtv i 1�4 LFG 3,000 Gallon Condensate Holding 1 Is S e Tank, 4,700 Gallon Secondary Containment Tank, Seismic Restraint System, & 55 Gallon GAC Canister (Section 02401, No. 9) ' 15 LFG Blower Station Foundations 20 cy S (Section 02401, 'No. 10) i ®' r- 16 8" SDR 17 HDPE LFG Gas Extraction 3,000 if ' Pipe (Section 02401, No. 11) '� in-) P o 00 `- 17 4" SDR 1 HDPE LFG Gas Extraction 1,300 if Pipe (Section 02401, No. 12) oe 18 2" SDR 11 HDPE LFG Gas Extraction 1 2,600 if f,S Pipe (Section 02401. No. 13) ` 19 ' 8" LFG Butterfly Valves (Section 02401, 4 ea S S• a . 20 4" LFG Butterfly Valves 02401, No. 15) 6 ea i (Section z ( 21 LFG Header Sample Panels (Section 4 ea S• SO 02401, No. 16) ���• 5t o of 22 LFG 80 Hours Startup & 8 Hours 1 is i System Training (Section 02401, No. 17) ' 6V g' l Z. ds 23 : LFG Blower Station Source Testing I Is S J`- w (Section 02401, No. 18) � n ' 24 LFG Mobilization and Demobilization 1 1 " a S (Section 02401, No. 19) 330d 25 Drilling 7 LFG Multi -depth Gas 7 e S, Monitoring Probes Section 02401, No. 20 (a)) J i , ' Z• jJ° j / 6 3 ( o 26 Re -drilling & abandonment LFG Multi- 1 3 e S T � S S � depth Gas N-lonitoring Probes (Section Ir I ae 02401, No. 20 (b) & (c)) TOTAL BASE BID IN FIGURES S TOTAL BASE BID IN WORDS: Sin Mzt[ 1,, ✓-fy StV `flbcal_0 t Or— � �� WV(Ar� Page 2 off C-.t CM Item Description Estimated Unit Price Extended Amount f I Qty I :ADD ALTERV ATE A: Sportsfield �#6 I � 1 Is i i ADD ALTERNATE B: :automated LFG I Is 6gcaa °° S 69 poo Condensate System 'G {Section 0240I, No. 21) I ADD ALTERNATE C: Sod Infields in lieu 1 is I a S of Hvrdo-stoionizing I SO d 4 ;ADD ALTERNATE D: b Month I Is o a, S e Maintenance for Planting and Irrigation 116s-+ Only, after park is open to public Paae 3 of 3 C-5 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 (by percentage of the total bid) the work to be done by such subcontractor. Percentage Portion of Rork Name and Address of Subcontractor State License Number Class 1�0�011 SUii �'U�l�Cn , (,I C j ma- -� �-ffa ,� 0. 6°(o "ta,,Xl I6co Qr-A kv,;�;ta A.*-,, CA R ria +q 14 t a P61 am (Aa o�,% 13rb a5eo -resot, JM V n. 3c"* L�Jtl sl ,-V W' 0 PILAY4 Pi / t{'i i'k4y-,- C*"13%/ 0.1. Pe,k)4cd-,m fnr_1*v4-oHaele A'x A 3,010 A4n&l co`h "I Cana O 40 AeAd, K JtA5f �t S:p '?-d CH > �. r7 0 l ► � , G�{� �5�� �r � A Cj r �, r �. '�a G 7ah %►' sv� at o�ih-p 4 ;-(0 0-5-A I A Z 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. ?. That the .AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4I44, 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 (by percentage of the total bid) the work to be done by such subcontractor. Percentage Name and Address of Subcontractor State License Class Number Portion of Work I b `9ra Be rg 2 E c,Ck �,�, Ky Goskm es a, gSo y G'I� 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. ?. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C4 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 {by percentage of the total bid} the work to be done by such subcontractor. Percentage Name and Address of Subcontractor State License Class % Number Portion of Work I 1 i 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-4 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 (by percentage of the total bid) the work to be done by such subcontractor. Percentage Name and Address of Subcontractor State License Clans % Number Portion of Rork I 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 famished by subcontractor for this project. C4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the narne 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 (by percentage of the total bid) the work to be done by such subcontractor. Percentage Name and Address of Subcontractor Slate License Class % Number Portion of Work 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. ?. That the AGENCY will be furnished copies of all subcontracts entered into and bonds famished by subcontractor for this project. C-t LIST OF SUBCONTRACTORS Ira 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 (by percentage of the total bid) the work to be done by such subcontractor. Percentage Name and Address of Subcontractor State License Class Number Portion of Work 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. C4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California SS. County of Orange -SIMON jFnN being first duly sworn, deposes and says that he or she is VICE-PRESIDENT of ACE ENGINEERING, INC _ _ the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof. or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ACE ENGINEERING, INC. Name of Bidder Signature. f Bidder 1880 WRIGHT AVE. LA VERNE, CA 91750 Address of Bidder Subscribed and sworn to before me this 2ND day of AUGUST , 2001. NOTARY PUBLIC AMCHUM 00MMiiMi 11 gons Nolan NO-Oakrnla l�rCorrrR6¢ies/1ug��aaoo+t NOTARY SEAL C-s UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX, (Ii(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 8/1/2001 Ace Engineering,2nc. Contractor By Simon Jeon/Vice President Title C-G DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 143110.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? El Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I w711 comply with such provisions before commencing the performance of the work of this contract. Date: 81112001 Ace Engineering,Inc. Contractor By Simon aeon/Vice President Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor 31 Title Date: Note: This form is required for every Dig Alert Identification Number issued by USA. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. BIDDER'S IN N BIDDER certifies that the following information is true and correct: Ace Engineering,Inc. Bidder Name 1880 Wright Avenue Business Address La Verne California 21750-5824 City, State Zip 909 ) 392-4600 Telephone Number 61 State Contractor's License No. and Class Feb28/1991 Original Date Issued Feb28/2005 Expiration Date The work site was inspected by Don Wang _ _ of our office on 7 / 2 0 , 2001. The maintenance building to be relocated was inspected by Don Wang of our office on 7/20 , 2001. Bidder represents that all documents listed in Instructions to Bidders have been satisfactorily reviewed prior to submitting Proposal documents and Bid Form. The Bidder represents that the Company has a minimum of five (5) years of successful prior experience performing the type of work required by the contract as prime contractor. The following are persons, firms, and corporations having a principal -interest in this proposal: President: John Lee Secretary: John Lee Tresury: John Lee Vice President: Simon Jeon C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ACE ENGINEERING, INC. Company Nape. Signature of Bidder SIMON JEON Printed or Typed Signature Subscribed and swom to before me this 21D day of AUGUST , 2001. NOTARY PliBLIC ANN 127Wftor� C};t) NG Cp�# 12738t12 Nam.y PJ38C - Ca!'t W'b z Los/rooks County 1 10 NVCn BVkMA,g13,20% ARY 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: Norco Bluffs Streambank Stabilization,Zone2/t]_5_Armv Cnrns otEngineers Name and Address of Public Agency Name and Telephone No. of Project Manager: Joe Flynn/909-794-7704 $7,180,772 Fully stabilizing about the bluff toe/5/15/2000 Contract Amount Type of Work Date Completed X. 2. Se ulveda Flood Control Wildlife Habitat C.O.E.- Name and Address of Public Agency Name and Telephone No. of Project Manager: Lori Satrom/ 909-981-5571 $3,444,471/Im12rgyement of existing -park w 9/2n00 Contract Amount Type of Work Date Completed Playground Equipment&Park Renovation/U.S. Department of NAVY Name and Address of Public Agency. Name and Telephone No. of Project Manager: David Law/ 805-982-3702 `2,038,-230, Renovation of alavan arkG p�anipmeni:_r /�1�1gQq Contract Amount Type of Work Date Completed C-11 PRE -QUALIFICATION FOR CONSTRUCTION OF LANDFILL GAS EXTRACTION SYSTEM The Contractor's attention is directed to Sections 02400 through 02426 for the installation, startup, testing, and related contract requirements for the proposed landfill gas extraction system. The Contractor or a subcontractor shall perform the construction, excavation, drilling, installation. and testing of the landfill gas (LFG) extraction system. The subcontractor shall satisfy the following minimum qualifications: Successful completion of a minimum five (5) landfill gas extraction systems similar in size and nature to this project, and within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Five (5) references shall be provided on the attached form and included as part of the bid and grill be considered as part of the qualifications for successful award of this project. 2. Minimum of ten (I0) years experience in the construction of LFG systems. A minimum of five (5) references substantiating bidders ten (10) years experience shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 3. All personnel working on the LFG extraction system shall be intimately familiar with the use of gas monitoring equipment for total organic compounds as methane (such as flame ionization detector) and hydrogen sulfide. Such equipment will be required for the duration of installation and testing on the LFG extraction system. 4. The LFG extraction system subcontractor shall have a site supervisor who has recently and successfully completed fom. (40) hours of health and --safety; training in accordance with OSHA Hazardous Waste Operators and Emergency Response Standard 29 cfr 1910.120(e)(8), (q)(8), and 8CCR 5192(e)(q). A valid certificate is required. The Contractor or subcontractor shall substantiate the above performance on the attached forms (pages C 13 through C 14) and include it with the sealed bid. All bidders shall acknowledge accept the requirements stated herein. Bidder Acknowledge and Accepted: Ace Engineering,Inc. Company Name By Date C-12 Listed below are the names, addresses and telephone numbers for five (5) public agencies for which the landfill gas subcontractor has constructed landfill gas extraction systems within the jurisdiction of the SCAQMD: County of San Bernardino Colton Landfill Project Name and Address 21230 Tropica Ranch Road, Colton, CIS 92324 Name of Project Manager: Ghassan Andraos, BAS EncLineerincr_ Project Manager's Phone No. 909 860-7777 $346,164_.79 July 16, 1998 Contract Amount Date completed City of Cerritos Bettencourt Park Project Name and Address 13275 Andy Street, Cerritos, CA Name of Project Manager. Ghassan Andraos, BAS Engineering Project Manager's'PhoneNo.( 909 860-7777 $99, 079. 82 July IL 1.999 Contract Amount Date completed County of San Bernardino Mid Valley Landfill Project Name and Address 30 Bohnert RD. , Fontana, CA 92335 Name of Project Manager: Ghassan Andraos BAS Encrineering Project Manager's Phone No. 9(� 09 ) 860-7777 729 336.93 Contract Amount Date completed County of San Bernardino Milliken_L- ProjectNaine and Address 2050 S. Milliken Ave_, Ontario, CA 91761 Name of Project Manager: Ghassan Andraos, BAS Enginee.ing_ Project Manager's Phone No. 9(- 09_) 860-7777 $344,323 44 _ ,7anuary IA. 1999 Contract Amount Date completed County of orange Alpha S Bldg T.aneifi l] Project Name and Address 1942 Valencia Ave _ , Brea, CA Name of Project Manager: Ghassan Andraos . BAS Pngi np_eZ ig Project �ISanager's Phone No. ( 909 ) 860-7777 $149,625.48 _ March 29. 001 _ Contract Amount Date completed NOTE: The Regenesis Group acts as a construction contractor usually to engineering firms. The engineering firms are the direct contacts to the public agencies. C_13 2/T 'd dd03 Ax$ w8ST :7T t0. 20 sn6 Ltu isted below are the names, addresses and telephone nnbers for five (5) public agencies which can substantiate the subcontractors ten (10) years experience in the construction of landfill gas extraction systems: Project Name and Address Name of Project Manager: Blythe Ponek-Ba harow RW B --Project Manager's Phone No.( 213 } 576-6720 Contract Amount Date completed Project Name and Address Name of Project Manager: Scott Walker C2WMB Project Manager's Phone No. 916 341-6.31L „ Contract Amount Date completed Project Name and Address Name of Project Manager: Rafael Reynosa Project Manager's Phone No. 9909 396-2360 Contract Amount Date completed Projcct Name and Address ~ - Name of Project Manager- Wen Yang (& QCB ) Project Manager's Phone No. 2(� 13 ) 576-6795 Contract f%inount Date completed Contract Amount Date completed project Name and Address r Name of Project Manager: Gino Yekta (CZVMI_ ,.,.. Procct tilanagcr's Phone No. ( 916 ) 341-6354 -_ Contract Amount Date cornpl,�ttd 212'a dN0o 7171E wagT :zZ To, Zo gnu PRE -QUALIFICATION FOR DEEP DYNAMIC COMPACTION (DDC) The Contractor's attention is directed to Section 02200, Part 3.02 — Deep Dynamic Compaction (DDC). The Contractor or a subcontractor shall perform the construction, excavation, staging, grading, operations, monitoring, and testing of the DDC operation. The subcontractor shall satisfy the following minimum qualifications. Successful completion of a minimum twenty (20) DDC projects similar in size and nature to this project. Five (5) references shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 2. Minimum of five (5) years experience in process of DDC. A minimum of five (5) references substantiating bidders five (5) years experience shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 3. Subcontractor responsible for DDC shall be regularly engaged in DDC work and shall document that they have provided all supervision., labor, material and equipment to successfully densiAr by deep dynamic compaction twenty (20) separate projects utilizing energy inputs of between fifteen (15) and thirty (30) tons dropped from heights of over seventy feet (70') to improve soil for both liquefaction, landfill densification, and bearing capacity using free fall. and single and double lines. Five (5) of the documented. successfully completed projects shall be similar to this project in type of landfill to be densifted, depth to be densified, energy input required, and_L --pe of modified crane to be used. The Contractor or subcontractor shall substantiate the abo% e performance on the attached forms (pages C 16 through C 17) and include it with the sealed bid. All bidders shall acknowledge accept the requirements stand herein. Bidder Acknowledge and Accepted: Ace Company Name 1� 8/1 /01 By Date C-15 Rug 02 01 12;26p nuu-0,f_eUt71 1101 16 Densification Inc. RAY W1LSON CON5TRUCTtON 1540)882-4190 626 795 0513 P.02 p.2 PRE -QUALIFICATION FOR DEEP DYNAMIC COMPACTION (DDC) The Contractor's attention is directed to Section 02200, Part 3,02 — Deep Dynamic Compaction (DDC). The Contractor or a subcontractor shall perform the construction, excavation, staging, grading, operations, monitoring, and testing of the DDC operation. The subcontractor shall satisfy the following minimum qualifications: Successful completion of a minimum twenty (20) DDC projects similar in size and nalurc to this project. Five (5) references shall be provided on the attached form and included as part of the bid and will be considered as pan of the qualifications for successful award of this project. 2. Minimum of five (5) years experience in process of DDC. A minimum of five (5) references substantiating bidders five (5) years exptrience shall be provided on the attached form and included as part of the bid and will be considered as pan of the qualifications for successful award of this project. 3. Subcontractor responsible for DDC shall be regularly engaged in DDC work and shall document that they have provided all supervision, labor, material and equipment to successfully densify by deep dynamic compaction twenty (20) separate projects utilizing energy inputs of between fifteen (15) and thirty (30) tons dropped from heights of over seventy feet (70') to improve soil for both liquefaction, landfill densification, and bearing capacity using free fall, and single and double lines. Five (5) of the documented. successfully completed projects shall be similar to this project in type of landfill to be demified, depth to be densified, energy input required, and.type of modified crane to be used. The Contractor or subcontractor shall substantiate the abo%-r performance on the attached forms (pages C 16 through C 17) and include it with the sealed bid. All bidders shall acknowledge accept the requirements stated herein. Bidder Acknowledge and Accepted: DelkV Company Name C-15 ,jet C 1:)v,k,4e/%.t, Date ?/W111 TOTAL P.02 t3ut 02 t71 11:37a Densifiaation Inc. J1ID41 4tION Eros-Envirane�ntal Ino H18i26t18B T-636 P.DD3 F-pla UStod below arc the names, addresses and telephone numbers for five (5) public agencies for Which thODC subcontractor has performed at least twenty (20) projects. ., 4 �,. dirt/ a� Q'41C&-eY,CA A06we :!i�ckoalf - OtfA aMsc Praject Name end Address FW i N AI•"O J ± Al o0e9 ,f0r1 so C - - - Name of Ptojcct Manager: B r LA. S } _'Coe w Gr eyveA., Pro}ect Manager's Phone No. [ ip ) q10 — J07 0 Contract Amount Dare cornpicted - I O, t Y of Jae 4 dift 1 t~ A Aw*m sc Comok4mw Axew Nea Name and Address -rutrLF- &ay mwcsgMWOOW4-C. eq Name of Project Manager.K p �,rr Ke .t, l�3n) Z V 3 40 0 0 ProjcetManager'sPhone No. 5c�30 ZV3 fDop zg9r, 660 Contract AMOUnt bate completed 3. 7'W*% as AcPr, C# I?F- .s jO"4-A T'r a►/ D y&O"'M � � G'o ►�,a►�ur��+, OWK MS w ""VOA r.s, Project Namc and Address t ao P a76 "w p Pe t c,, — C c. r iA sa , -rx Name of Project Manager: 2R• !t.1 jd 6v% (gJ S-) 77 � 4d By r r b D QT) Project Manager'9 Phone No. 77 q- +1d J-O - 0 gil.oa 0 Nb✓sFn3At 20oO - r Contract Amount pate completed 4. 04 a W % v roar nr DvAdw I c Project Name and Address r- G 7 U 1-9 Ne ^ u. Ca Name of Project Manager_ _ ROu o Z 17,0 a T Project Manager's Phone No. LI / -weed 0 Cantu Amount Date completed S_ RO-44 40W IC ,+uw LA40Ai w Project Name and Addresf r. SVS A t+- Name of Project Manager: 4&9i &X,,f r (' Ace. Project Manager's phone No.( 9A j 14617 Contract Amount Date completed U -?mE A?aril -'4400 Of" /'l v l"; PrWAMil. LOl&64011 ARW G✓OZ' a t.p M S�Vlcr,oP� da a.+ a wo- f re• c,�oFrc w C-a6 Rug 02 01 11.36a 1]ensification Inc. ............. (SkUlatsc`n'.,- -- !nl•a0-�1 12.11�ae F[w•Envirvasentnl Ind. 114i2'STi65 T-its P.GW418 F•118 Listed below we the names, addresses and telsphons numb= for five (5) public agelscies which CM substantiate tiu subcoatractorl' five (5) years 01PUirnct iwt ft pMfWVAM of DDC o�crations: ( - D► 004K eta end Project Name awa Addrn:ss eb vet If A/t w t..a. p-#L L Nano of Project Manager;_ Air #Ac4 - var.y [ Project Manager's Phone No. 3Z) ,orb -.3 V00 Contract Amount /9U, O t Date eornaleted / 2 - Z. AM1XWA, e. 1AAee JF.,eokF -- Project Name and Addtcss -Ai6 N A&vw►He. ,4d &w - UT4 N L/m J n j c' e..�, Name of Project lu amBer VC J-C r1004g5 .. r rrw�rrr Project Manager's Phone No. (. ?°) fit}. — 703 Conti= Amount Date completcd 3. ,Jg'±y y!L A7 An AWOS �Tft..¢ Project Name and Address py r'.a" r A*,4 a `now ~wA Name of Project Project Manwes Phone No. f o I l s�z =� .v -o Contract Amount Date compWwd 4. cif fr 0 e 0,r - �' 1441- 04V.-d" Jib Projaot Name and Addroas DV".0 K Name of Project Manager: fit fcrd &4L.-r proyect Manager's Phone No. (7 b3 l d � %� �8 �� � F�J �ceo►, w .' Conuuct Amount Date compit t®d Contract Amount AA Date campk"d Project Name and Addmss 3 i* i Wy L4b*- dy%t - D io" « c eon+* a 76,CW ,,wt Name* of Project Pwitcw Manager's PhMs No. (�j{� ) _ 3 1 �' 9,03 r � Cawtuaet Amount DM tompfcted C 17 o T�A"-^t �as.Ti cA7winr� f,✓c. Aug 02 01 11:37a Densification Inc. 1540)882-4190 P-8 PREVIOUS DYNAMIC COMPACTION EXPERIENCE Highways 1.25 A'buCuerq. e. NM 25'CoflapSibie SiitS 1.670 Columous OH MSW Landfill 1-164 =varsville, IN 15' S2^itary Landfill Mexico Border Road E, Paso, TX 15' MSYJ Land`iii U.S. Route 18 T,ntun 170s NJ 3o' Sanitary Landfill U.S. Route 90 Hou-ne, LA 20' Sanitary Landb!: Florida Turnpike Cave. F_ 20' 06brislrres Route 7 Manches!e% VT 15' Sanitary Landfi,'i 1-595 . Lauderdale, FL 20' Sanitary Landfill 1.40 h'iim,❑gton. NC Limestone Sinkholes 1.75 Tamoa, FL 15' Beer CanslFi l Century Drive Raleign, %C 20' Sanitary Landru Airport Road 0-lanao, =L 15' Sanitary L andfi!! Springfield Bypass SwirV'eld, VA Sand/Clay Pir U.S. Route 99 Tren'.on. NJ 20' Sanitary Landfill Lakeshore Drive Chicago. IL Coal As,� 15th Street Oklahoma ;'iry,OK MS71 Landfill Rapid Rail Denver CO Misc Fiii 1.93 Concora, \ rH Loos& Sands Municipal Drive -am ion, NJ MSW Landfr:l Stevenson Expressway Chicago, tl_ Filled n Canal Coal Spoil Projects 500,000 SF Prison Pouna. VA 40' Coai Sr3od Office Building hazard, KY 30' Coal Spoil Warehouse Wisc. VA Hol!o:t, Fft Truss Joist Plant Hazai c. KY 30' ShaLQ Wastewater Lagoons `4ar.a�. KY Shorrnck Fcl Coal Silo Mesa, .CY Hollow Ail McDonald's '.Vise, VA 30' Clayey Fill Warehouse Weirton_ WV 20: Shotrock Fill Warehouse !Nano. fe. WV Side Bence Shopping Center 5-enandoan. PA AnrhracirB Fill Supermarket Wilkes-Barre, FA Antnracire Spoil Warehouse 5Cran;v'1, PA Anthracite Fit Warehouse La'lin. aA Anmra�ite Fii! Shelby High School PiKesville, KY 20' Hock ,RJobie Scranton High School Scranton, PA Anmracite FA Supermarket 5ciantor, PA Anlhraci!e Fir.! McDonald's Charlesmr, WV 15' Uncontrolled F;i! Residential site on rubble 20 It. of liquefiable soils, Tank Farm, hydraulic hit, fill, West Nov: Your, NJ Son Francisco, CA Houstan. TX Warehouses/Office Complexes McDonald's Warehouse PA 20' U'ncontroPea rill Publix Refrigeration Deerfield, FL Loose Silty Sands Shipyard Blast Facility Newport News, VA Dredged Fil Glenhardie Offices Va''ey Fo; ae PA. Sinkroles . Union Pump Hdgtrs. Battle CreeK, MI 15' Uncontrolled Fill Park Place At Boca 3cca Raton, PL 25' Loose Sands Riverpark Towers NewDor. News VA 20' Loose Sands Sara Lea Bakery Ta-boro. NC Loose Silty Sands Kravis Center 'a'r'^ Beacr, FL Loose Sands Crestview Offices CookeysVil'e.h'D 60' Marble Quarry Dulles Corporate Dulles Airport. VA Residual Clay V'VawhoL)se, rubbie tilt. Jersey city NJ CompaCring urban hU, dowlitown Philadelphia• PA Warehouse Miami, FL Loose Santis Hilton Hotel NoftolK, VA Loose Sands Caton 95 Offices i3a.11more, ND 15Ur. c or. tm lle L i Fil.." NEC Headquarters Chantilly, VA 10' Wet FA., Howard Counter Lxee. Ellicoa Cily. MD 20 Boulder F!i Great Valley Parkway Ma'eer;. FA S.nkhgles Glasco Plastics KROKV;;'0, TN 25' DAL'rs Fri Chesterbrook King-ol-Prussia. PA SinkrcleS Georgia Power Auania. 3A 1s'S"'I F- Riverside Towers Newpo-' News. VA Loose S:i - Sind Retirement Middse Oearoorn. MI 15' Silty Sand Fri! Sarta Plant CtIahoma City,01< MS!'JLandF!i Warehouse rdianapoiis. IN 20' Sir±y Fil! Retirement Highriso Bali more, VD 25 G;fy F0 Windward Towers H.amo:on. VA Loose Sands Coca-Cola Plant Wi-c-',ester, VA 13' Siliy Fill General Electric Camden. NJ Buiidrng Puboie WWDC Warehouses Sider S'r;g, V1D 2U' S:i'y F,,, Bus Barn Complex Norwa k. CT 15, S:i:y F:i Deerfield Mfg. Varcaburg, KY Ldose Sandy FAI Office Complex PCGKsk . NY t:=' Fill: Tank Complex '.Waterloo•, Nv i5' F.ar Eledrieal Shop Canp Le:e,:ne, NC SMv Sand Dept, Public Works A oany. NY Sanitary Landh;l General Motors kng-of-Prussia, PA S!n+sheles Trailer Complex _os Angeles, CA lndusrrial Fill Warehouse Edison NJ Did Cie), P" Warehouse Vrtirwpary. N. 400,000 SF Warehouse S'. Louis, MO fncnerWorAsp. Bad/Bock Beyond Columbus, Or, Silty Fit! Warehouse Knoxville, TN Sat, ;=.. Warehouse Harl!a,d CT L oU6e Sar:uS Builders Square St. Louis. MO Rubble Fii+ 350,000 51 Warehouse S. P,air,'. e!d, NJ 10isc Fil; Warehouse Kalamazoo. MI Loose Santis Steel Warehouse Trenton, NJ Loose Sands CityPlacaftiladium VV. :�Iairr Bsach, F_ 20' Loose Sands Commercial/Retail Centers Super 8 Motel A: GA 20' Rubble F,L: Supermarket -Iuchester, NY 39 CCnCrete Rc bd;e Builder's Square St. Louis, VQ Steel Ntil! Slag Dunkin Dougnuts Baii^lore. MD 25 L'ncor;trc!!ec Fiii Mini Warehouses No, walk. CT 20Uncontro;.ed Fiii Mini Warehouses Rockville. MD Sa^ rary L andfn Hampton Inn :-.ar-isonourcq, VA. 30' Uncomrcliod Fiii Strip Shopping 'Y ashington, DC 15'.R:;bbie Fa! Wal-Mart harmv "n. VA :'vie:•; Fill Eagle Supermarket Clinton, lA Randonn Fib, Publix Supermarket Wesl Pal— Beac ; Loose Sa•^•Ns Rug 02 01 11:38a Uensification Inc. (540)882-4190 P.9 .� • PREVIOUS DYNAMIC COMPACTION EXPERIENCE ;Continued) Home Depot Yonkers. Nv Quarry Snorrock Holm Depot M.'rineaperis, MN fiubdre Fli Home Depot A'banv NY Rubble F11 Home Depot Seca,:cus, N.; S!fty Fir Home Depot New Roche to, NY Misc. Fill' WalmarllSam% Kroxviile, TN Sinkhoies ►+'otel addition on 301 oift. Collapsible silts. Loose natural sands, Harrisonbarg. VA Naphi, UT Salisbury. MD Public supermarket Alianta, GA Silty Fill Anhaeuser.64sch 'ersey City. NJ Hydraulic F!l' Alltozone Store Tulsa. OK 10' Misc. Fit; Marsh Supermarket Muncie, I'v Misc. Fit.., Roach Bros Supermkt. Ou'nvy, VA Inside G.'d Quarry $haws Supermarket Mancreste,. C- Robbie Strip Center Jonesboro, AR Silty Fill McDonald! Eogewater, NJ Rubble rill FridaysRmbassy Suites Mo' no, I: Oid Deere Factory ASP Supermarkel Paiersor, NJ Misc Fiji extended Stay Motel A.bany NY 10isc. FiY CVS Pharmaq Birg,arr.!cn. NV Old Shoe Factory Redner's Plaza W kes-Sarre, PA Coal Spoil Bowling Alley N. Arl;ngto^, NJ 10' Misc. Fill' Theater Manvilld, NJ 15' ,btisc. Fill Theater rdianapolis. IN 20' Silty F,ir! Shoprke Pn:ladelohia. PA 15' Rubble Shoppers N. Berge, NJ 25' Misc. Fi!l Chinese RestAurant Oklat-uma City. OK MSIN Landhlr Landfills/Liner Prep Municipal Landfill Detroit. MI Gain Air Space BFI On Mtn. Landfill 'Half Mcor. 3ay, CA 50' Silty Sands Wheelabrator Landfill Becfoid, VA Pre -Closure utCap Landfill Liner Prep. Eabylon, NY 35 Existing Landfiii Landfill Liner Prep, Wale. ford. NY 30' Fxisrirg industrial Demo Debris Landfill Toosfield, MA Gain Airspace MSW Landfill Rochesle% NH Gain Airspace Landfill Liner Prep. Salisbury. M7 141S14r Landfill Liner Prep. hudsor,, MA L+'quefiable Sands Power PianWHospitals/Civil Structures Power Plant Jac'xsonville, FL Hydraulic Fill Army Hospital Seattle. WA G'aciaf Deposits Hospital Ne-01`11, UT Coilaps:bfe Siirs Homeport Project Corpus Cristi, TX Loose Sands Middle school Sar Francisco, CA Loose Sa^os Wood Power Plant 5+raec �, ME Silty Sands Cogeneratiolh Plant Lakew000, \J Loose Sands Kolbe Steel Plant Ssyrnore IN Si'1, Sands Flab Hatchery Taco^,a, WA Silty Sands Treatment Plant Palm Beach, F'_ Loose Sands N" Segel Plat" Carr❑HH'on, KY si)ty sanas NRL Radar Dome Chesapeake Bch.. MD Silty Sands Regional Jail T!uy. NY Steel Mill Slag Hospital Garage Jo'oGr. MC bnderg curd 1-dines Sheetrock Plant Tai-pa, FL ! a,Dse Sands Reclaimed Lend hung Kong Reclaimed Bay Mirage Casino Ailant:r City, NJ Baseball Stadium Allentown, PA Visitor Center Zio^, uT NW Ahtines Cargo banger JFK Airoort Convention Center Coving'��. KY Water Tanks Lcnacon,ng. MC Antifreese Tanks t-ous on, TX Elevated Water Tank Clif-c- Park, NY Roller Coaster Ft. -auderaale, FL Hospital E_ S'. ! ods, lu Regional 1811 Ricnmond, VA Parking Garage -r.,rnbu , C- Printing Plant Saratoga Sar ngs, NY Corps of Engrs. Center W. A.ton, 1A0 Cement Silo Char'evoix. lyMi Airport Dike Provo, U t Slate Office Bldg. R chfield, UT Macro Regional Mail Elizabeth. NJ High School Lyra, MA High School ?oha7.ccng. NJ High School Scra _� i, PA Visitor Center Cam --ridge. MD insurance Building St. Louis, Wo Regional Detontioa Or. Chicago Lady Luck Casino Be!*endort. HA Office Bldg. Chicago CityPloce Ralail ,,vest Pa'.rn Beach Innermodal Facility Sava^r,a^, GA Now Town (Aboeon) F' Old City Dvmp Si:orrC,Ck Fi i Col!apsib±e Soils t_:rrsa Natural' Sands 15, hl sc. F.-h 15' Misc Fil; Loose V..rg-'n Saes Loose Sands 15' Mi5c. Fair Lead Ca^mnuiatied Fill SPoa'rrock Fir: Loose Sands Loose Sands Loose Sands f:f]+!30.3iW0 Sa^ 'S .;of'aps,ble SCI's MS111 Landhli Old Ciay Prr S-nkl,C'SS Coal Socil Loose Sands Misc. r=;1i 0'd Lepofih Misc Ali Mist. Lill Loose Sands Paper Laodfi6 Lvcse Sands collaps ue silts. PalladiumrCityPiace Liquifiable soils. Zion Canyon Narional Retail, Loose sands, San Francisco. 12F. park, U.ah West PAim Beach, FL Residential K. Hovnanian Develop. Wa". NJ 20'r.fy1rau!;c F'! K. Hovnanian Develop. MLihwah. ,`J hAisc F+! K. Hovnanian Develop. West New York. N Misc. Fi!! Half Moon Bay Condos ,oicn or. the I ludson 20' ?disc. Fill Lueayan Condos Ocean C.iy, MD 20' Loose Sands Manchester Lakes Swir.grie.d. VA Abandoned Sand Ft Creeksida Troy. NY 30' Urrccrrinq-i Fil; Van Dorn Village Alexandra, VA 3Y urcorifo;.Bd F:if Summer Ridge Feslon, VA 15' RLbblo Fi!l Governor's Ridge Trurrbull. CT 15' Pocrc Rl r-f:'s Pear Island Creek Fa -fax CoL:n1y, VA Oid Sa,,Ll P..! Golden Valley 1linneaooiis, KAN 20' Misc Fiif Quarry Development W. Orange, N' ShorroCk •^ill Officers Quarters West Poirt. NY Sllot:rock FI! Senior Citizens Clevelard, OH Misc. Fill Urban Renewal Phil3d@'0hia Pz2fibie Ili! Condos !;Ypo.uxo. Loose Sands 40650 Hurley Lane Paeonian Springs, VA 20129 & CITY OF HUNTINGTCN BEACH LN 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 15 ,2002 To: RWC 199 South Los Robles, Suite #250 Pasadena, CA 91101 Enclosed please find your original bid bond issued by National Union Fire Insurance Co. of Pittsburgh for CC No. 1121. Connie Brockway, CMC City Clerk Enclosure 9 rinCowuprcashtcn:re:imbidbon3.dm (Telephone: 714-536-5227 ) BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, RAY WILSON CO. as Principal, hereinafter called the Principal, and the NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. of 777 S. Figueroa Street, Los Angeles, CA 90017 , 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 Rid in ------------------------------------------- Dollars (S 10% of Bid Amount ) , 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 #1121 Huntington Central Park Sports Complex NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter 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 Wor covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 17� Signed and sealed this 27th day of JUIV 2001 RAY WILSON CO. I / (Seal) Principal Witness Ronni Abel Witness Title NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. ,1errApo ad ca Attorney -in -Fact S-0054iGEEF FRP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia No. 5907 U County of Orange On July 27 2001 before me, Rhonda C. Abel, Notary Public , DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC" personally appeared Jeri Apodaca NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Commission = 1 :4i,675 - Nwary PvbI'C — Ca-!ornio i SIGNATURE OF NOTARY Orarge Coln^f My Comm. Exc'-•s Aug 9, 2001 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TjTLE(S) ❑ PARTNER(S) P LIMITED GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR [i OTHER: SIGNER IS REPRESENTING. NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067;GEEF 2298 0 1993 NA IA P.O. Box 91309-7184 American Hone Assurance Company P0WER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Prirtcipal'Bond Office: 70 Pine Street, New York, "N.Y. 10270 No.05-B-01111 - J:NOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ---Stanley C. Lynn, James A. Schaller, Jane Kepner, Nanette Mariella-Myers, Rhonda C. Abcl, alike Parizino, Jeri Apodaca Linda Enright, Patricia H. Brebner: of Costa Mesa, California --- its true and lawful Attorney(s)-in- fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents s STATE OF NEW Y ORK } C012NTY OF NEW YORK }ss. On this 31st day of May 2001 before me cane the above named officer of American Home Assurance Company and National t:nien Fire lisurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. this 31st day of'`�, 2001. rk f malfonee,Vice President Fio4'rry i6 of 'I�y %rk Na h %ft County 00R1rt"MSONft 14, 2002 CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and 'rational Union Fire Insurance Company of f usburgh, Pa. on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-:n-Fact to represent and act for and on behalf or the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be a�flxed to any such Power of Attorney or to any cenfrczte relating thereto by facsimile, and ar.y such Power of Attorney or certificate bearing such facsfirde signatures or facsimile seal shall be vaiid and birdiag upon the Company when so affixed with respect to any bond, undertaking, recognizance or other cocaract of indemnity or writing obligatory in tl:e nature thereof; "RESOLI'ED, that any such Attorney -in -Fact deli%ering a secretarial certification that the foregoing-osolutions still be in effect may :;:sort in such certif-ication the date thereof, still date to be not later than Ole date of deli%-cry thereof by such Attorney-ir-Fact." 1. Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh_ Pa. do hereby certify that tite foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorrey issued pursuant t'.tere:o. are true and correct, and that both the Resolutions and the Powers of Attorn-cy are in full force and effect. IN WITNESS WHEREOF. l have hereunto set m}. hard and affixed the facsimile seal of each corporation x � r this 27th davof• July 2001 lizabeth \1. Tuck, Secretary 65166 ;3 99) 59 'N— I CITY OF HUNTINGTON BEAC11, CA A r. f, g A tU-, 'CiPM-35i V, P R we 199 South Los Robles, Suite # 250, Pasadena, California 9110 1 City Clerik Second Floor City Hall 2000 Main Street Huntington Beach, CA "SEALED BID" For Huntington Beach Central Park Sports Complex Cash Contract No. 1121 Cup No. 00-60 and Variance #00.24 in the City of Huntington Beach - Do Not Open With Regular Mail .............................................................................. Ray Wism co. w lL5. ir z.2i; R aw RWC 199 South Los Robles, Suite # 250, Pasadena, California 91101 "SEALED BID" For Huntington Beach Central Park Sports Complex in the City of Huntington Beach - Do Not Open With Regular Mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . Ray Wilson Co. T PL: -;"i. SECTION C PROPOSAL for the HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX CASH CONTRACT No. 1121 CUP No. 00.60 and Variance # 00.24 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 therefore, 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 346 working days (16 months), starting from the date of the Notice to Proceed. The portions of the six (6) month post -installation period remaining or not started on the date of the Notice of Completion is not included in the time expressed for construction. 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 declares that this proposal is based upon careful examination and full understanding of the necessary actions, operations, and incidentals to relocate the City's maintenance building currently at the City's Beach Maintenance Yard at 19601 Beach Boulevard (at Yorktowrt) and install as indicated on the drawings. BIDDER declares that this proposal is based upon careful examination of the related contract documents as listed in Instructions to Bidders available for review at the City of Huntington Beach Public Works Department. a C- t BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed_ THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Bidder's 10% of the Bid Accompanying this proposal of bid, find Blind, in the amount of S Amount which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check". or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any; Addenda No. I Date Received Bidder's Signature j 1 1 July 30, 2001 C-z BID FORNI HUNTINGTON CENTRAL PARK SPORTS COMPLEX CASH CONTRACT NO. 1121 CUP NO. 00-60 and Variance 400.24 REVISED WITH ADDENDUM 1 Bidder: Ray Wilson Co. Item ' Description Estimated Unit Price Extended Amour Qty 1 i Base Bid Park Improvements 1 is 7 I Talbert Avenue Undergrounding 1 is I S I p� 3 Gothard Street Under -rounding 1 Is¢�D S�flpD 14 Hauling of PHC Impacted Soil 23,000 oG S tons � 1 S Gas Extraction System Blower Station (Section 02401, No. I) I' 1 Is ? �. S ���� D i O Lfj 83 0 —' 6 Drilling 35 LFG Well Borings (Section 1.510 of o• I S 02401, No. 2)to O � Construct 35 LFG Well Casings - 2" 710 if I S I SCH 80 (Section 02401, No. 3) i 8 Construct 35 LFG Well Casings - 3" I 810 If - _ I SCH 80 (Section 02401, No. 3) °' 9 Construct 35 LFG Well Meter Runs 35 ea S _ ---! (Section 02401, No. 4) 10 LFG Condensate Sumps (Section 02401, ` 8 ea S i a r 11 : 1" SDR 11 HDPE LFG Condensate 3,000 If S Piping (Section 02401, No. 6) I 3 • 19 t 9, � �p 12 2" SDR I HDPE LFG Condensate 3,000 If S i Piping (Section 02401, No. 7) s`, 07 i 13 LFG Blower Station Electrical Service 1 is I S i (Section 02401, No. 8) (o q, yU 0 L Page 1 of 3 C-3 Item !. Description I Estimated , Unit Price Extended Amount . QtY 14 LFG 3,000 Gallon Condensate Holding 1 Is S Tank, 4,700 Gallon Secondary Containment Tank, Seismic Restraint �, 3Z! (0 j Svstem, & 55 Gallon GAC Canister i (Section 02401, No. 9) , 15 LFG Blower Station Foundations 20 cy °, S I� ° oe � (Section 02401, No. 10) i ZO, It. 0 16 8" SDR 17 HDPE LFG Gas Extraction 3,000 If S Pipe (Section 02401, No. 11) I �. �� S 3, 3 y O °o t 17 4" SDR 1 HDPE LFG Gas Extraction 1,300 If S Pipe (Section 02401, No. 12) 13 2" SDR 11 HDPE LFG Gas Extraction Pipe 02401, No. 13) 2,600 If �+� S 1-I, 9 is (Section ' 3. i 3 } 19 8" LFG Butterfly Valves (Section 02401, 4 ea S Ij No. 14) j 3, (0 28' l y, 51'4 2-1 20 4" LFG Butterfly Valves 6 ea S ' Section 02401, No. 15 i 2, 0 ,4 1 1.1 Lr is rneauer 3atuple r:aneis kaection 4 ea . 15 i 02401, No. 16) — ---- I - 1 I, a 11 .s i '4, i 22 LFG 80 Hours Startup & 8 Hours 1 Is ' S System Training j 1 SUo l •' ' (Section 02401, No. 17) , SoC i 23 LFG Blower Station Source Testing ' '. (Section 02401, No. 18) I is ,, f440 -- S 9, y 9 p °= 24 ° LFG Mobilization and Demobilization 1 is S (Section 02401, No. 19) 3 �� 2°•' 3G, f 2- i 25 Drilling 7 LFG it-lulti-depth Gas 7 ea 'i S Monitoring Probes 12, } I ��� �� S I c) •� (Section 02401, No. 20 (a)) 26 Re -drilling & Abandonment LFG Multi- 3 ea I �$d d� S I depth Gas Monitoring Probes (Section � }-fa,,,. f 02401, No. 20 (b) & (c)) TOTAL BASE BID IN FIGL"RES S 67c2 �30 i � I� TOTAL BASE BID IN WORDS: JMW4641� r P �f 3 C-4 Item Description Estimated i Unit Price Extended Amount ; Qty :#DD ALTERNATE A: Sportsfield ##6 1 is �I ADD ALTERNATE B: Automated LFG 1 is S Condensate Svstem 02401, dv (Section No. 21)MP ADD ALTERNATE C: Sod Infields in lieu 1 is S of Hyrdo-stolonizing js ADD ALTERNATE D: 6 Month ' 1 Is S Maintenance for Plantinb and Irrigation �7j OP' / l�0 (� a z1v Only, after park is open to public Page 3 of 3 C-s 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 (by percentage of the total bid) the work to be done by such subcontractor. Percentage Portion of Work Name and Address of Subcontractor State License Number Class /l p v-Y PO '/ rrw� �o a rs14 f 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 fumished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. Ga 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 (by percentage of the total bid) the work to be done by such subcontractor. Percentage Name and Address of Subcontractor State License Class % Number Portion of Work 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. ?. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 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 (by percentage of the total bid) the work to be done by such subcontractor. Percentage Name and Address of Subcontractor State License Class Number Portion of Work S 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. ?. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 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 (by percentage of the total bid) the work to be done by such subcontractor. Percentage Name and Address of Subcontractor State License Class % Number Portion of Work 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. '_. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California Ss. County of Orange Dan A. Penn , being first duly sworn, deposes and says that he or she is President of RAY Wi 1 snn rn_ 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. Ray Wilson Name of Bidd •••••••••••••••••••••••••••••••••••• Signature of Bidder • LYNDA K. DE LA SOTA R COMM. #1160201 R S NOTARY PUBLIC - CALIFORNIA S 2 LOS ANGELES COUNTY • My Comm. EVIres Nov. 1 2001 2 = 199 S. Los Robles.,Suite 250 " Address of Bidder Pasadena, CA 91101 Subscribed and sworn to before me this day of , 2001. NOTARY PUBLIC NOTARY SEAL C-s UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: August 2 2001 Ray Wilso o. Contractor By Dan A. Penn President Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes @ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: August: 2, 2001 Ray Wilson Contractor By Dan A. Penn President Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 421 614217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-4 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Ray Wilson Co. Bidder Name 199 South Los Robles Avenue, Suite 250 Business Address Pasadena, _ CA _ 91101 _ City, State Zip 626 ) 795-7900 Telephone Number 128800 A&B State Contractor's License No. and Class February 13, 1952 Original Date Issued April 30, 2003 Expiration Date The work site was inspected by Dave Elmore of our office on _ July 20 _ , 2001. The maintenance building to be relocated was inspected by Dave Elmore of our office on July 20 ,2001. Bidder represents that all documents listed in Instructions to Bidders have been satisfactorily reviewed prior to submitting Proposal documents and Bid Form. The Bidder represents that the Company has a minimum of five (5) years of successful prior experience performing the type of work required by the contract as prime contractor. The following are persons, firms, and corporations having a principal interest in this proposal: Ray Wilson Co. C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability. financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Signature of Bidder Dan A. Penn Printed or Typed Signature Subscribed and swom to before me this LSrday of , 2001.••••••••••••••••••••�••••••••••••••• ..� LYNDA K. DE LA SOTA R comm. #1160201 R S NOTARY PUBLIC . CALIFORNIA S 2 LOS ANGELES COUNTY 2 My Comm. Expires Nov 1, 2001 • n s••••s•••••••�•��••��•••••06600464000 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. Los Angeles County Sanitation District, P.O. Box 4998, Whit -tier, CA 90607 Name and Address of Public Agency Name and Telephone No. of Project ;Manager: Dave Bachtel, (562) 699--7411 $8.664, 000 _ Waste Water Trearmpnr P1 a„r _August, 1.299 Contract Amount Type of Work Date Completed 2. Los Angeles County Sanitation h-i.GrHrr. P.O. Box 492_ Tyr i.t.t1pr- .rA 4nhp7 Name and Address of Public Agency Name and Telephone No. of Project Manager: _ Dave Bachtel, (562) 699-7411 _ �$14,850,000 Waste Water Treatment Plant January_, 1999 _ Contract Amount Type of Work Date Completed State of California 3. Department of Corregtions. P.O. Box_242M . Sacramento, Cam, 949RI Name and Address of Public Agency Name and Telephone No. of Project Manager: Gregory L. Wright, (916) 323-3133 $41,825,250 _ Prison & Waste_ Water Treatment P],anr lanuariz, 1999 Contract Amount Type of Work Date Completed .rr ' - Listed below are the names, addresses and telephone numbers for five (5) public agencies which can substantiate the subcontractors ten (10) years experience in the construction of landfill gas extraction systems: Project Name and Address Name of Project Manager: Blythe Ponek-I3acharowski w B `-Project Manager's Phone No. e i 3 5 7 6- 6 7 2 0 Contract Amount _ _ Date completed _ Project Name and Address Name of Project Manager: Scott Walker C-j M8 Project Manager's Phone No. 9i6 341--6319 _ Contract Arnount Date completed Project Name and Address Name of Project Manager: Parae1 Reynosa SAQM1)J_ Project Manager's Phone No. 9( 09 ) 396-236C Contract Am, ownt Date completed Project ;Jame ar.d Address Name of Protect Nla.nager: Wen Yana (RWQCR ) Project Manager's Phone No. 2(, 13 ) 576-6795 Contract A -mount Date compieted Contrae: An mount Date completed Protect Narr.e ; n� Address Nam-- of Project Gina Yenta _CL,.L B Project Nlara,,%r's PhcnL 1,Jo. f_916r1 341-6354 Contract Asnoun', 's�1te C-Id 2- G C 23 t -ice FPbo : Per_O-NENARA FAX NO. :9495e701g5 Aug. 01 2001 01:27Pt1 P4i4 3 Listed below are the names, addresses and telephone numbers for five (5) public agencies for which the DDC subcontractor has performed at least twenty (20) projects. o�� N CY gEf!�- C f� •- - — project Name and Address Name of Project Manager: PIGNA�„�,,,�,,,� Project Managcr's Phone No. e l ," - z Contract Amount Date completed ProjeeWariie and Address U v Name of Project Manager: Project Manager's Phone No. {} Contract Amount Date completed U. Projcct Name and'Address Name of Project Manager: C�X� s _ hillI> 0 {4F-C C� Project Manager's Phone No. (} Contract Amount Date completed n1C - R Project Nam and Address Name of Project Manager: _ c;}�� �� Q'1w�r Project Manager's Phone No. ,- 3 0-I n `irT �f Lr`�O - -_ t =ml 9 Contract Amount Date completed Project Nam anti Address Name of Project Manager: V,U Project Manager's Phone No. z} az Contract Amount Date completed C-t G PRE -QUALIFICATION FOR CONSTRUCTION OF LANDFILL GAS EXTRACTION SYSTEM The Contractor's attention is directed to Sections 02400 through 02426 for the installation, sta,-tup, testing, and related contract requirements for the proposed landfill gas extraction system_ The Contractor or a subcontractor shall perform the construction, excavation, drilling, installation, and testing of the landfill gas (LFG) extraction system. The subcontractor shall satisfy the following minimum qualifications: Successful completion of a minimum five (5) landfill gas extraction systems similar in size and nature to this project, and within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Five (5) references shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 2. Minimum of ten (10) years experience in the construction of LFG systems_ A mir_imitm of five (5) references substantiating bidders ten (10) years experience shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. All personnel working on the LFG extraction system shall be intimately familiar with the use of gas monitoring equipment for total organic compounds as rncthar:c (such as flame ionization detector) and hydrogen sulfide. Such equipment will be required for the duration of installation and testing on the LFG extraction system, 4. The I.FG extraction system subcontractor shall have a site supervisor who has recently and successfully eempleted forty (40) hours of health and -safety training in accordZnc:c with OSHA Hazardous Waste Operators and Emergency Response Standard 29 cfr 1910.120(e)(8), (q)(S), and 8CCR 5192(c)(q). A valid certificate is required. The Contractor or subcontractor shall substantiate: the above performance on the attached forms (pages C13 through C14) and include it with the sealed bid_ N I bidders shall acknowledge accept the: requirements stated herein. Bidder Acknowledge and Accepted: V C-12 da03 AAR WdE2:2T To, 20 gnu Listed .below are the names, addresses and telephone nuwnbers for five (5) public agencies for -which the landfill gas subcontractor has constructed landfill gas extraction systems within the juHsdicuort of the SCAQMD: County of San Bernardino Colton Landfill Project Name and Address 21230 Tropica Ranch Road, Colton, CA 92324 Name of Project Manager: Ghassan Andraos BAS Enaireexi.ng _ Project Manager's Phone No. 9( 09 ) 860-7777 $306,164.29 - Jul 16, 1998 --_ Contract Amount Date completed City --of Cerritos Bettencourt par Project Name and Address 13275 Andy Street, Cerritos, CA Name of Project Manager: Ghassa-n Andracs, BAS Encineeri.na _ Project;vMarager'sThone Na. 909 860-7777 $99, 079. 82„ _ �- — July 1- 1_992 Cont.*act Amount Date completed County of San Bernardino Mid Valley._ Landfill Project Nam, a -id Address 3C Bchnert R0. , For CA 92335 Name of Project Nfanager: Ghassan Andraos BAS Er_ ineerina Project Manager's Phone No. s 9 C 9 } 860-7777 $ 729, 336 . 93 _ - - _ _ 1�1rLary Cont<ac: Amount Dace completed County of 5ar_ Bernardino Milli,cen -Lane ifi .l Projec,,Nar.:e ar.d Address 2050 S. Milliken Ave., Ontario, CA 91761 Name of Projec' Manager: Ghassan Ardraos_, BAS Engineering Projec: Manager's Phone No. 9(( 09 860-7777 $344,323.44 - - JanG-3�ry LB, 199G� Contract rlrr:ount Date completed County of Orange Alpha 01 inch_ T.aj :Id F1ll _ - Prciec[ Nm ae and Acdress 1942 Valencia Ave. , Brea, CA ?�arr_e of P;oiect Manage:: Ghassan Andraos,B c r iieering p;ojec[,yfataher s Phone Fro. L9� 860-7777 $149,625.48 _--- _ — liar b 29, 20C _ � oatr:ct Amount Da:e ccmt;lcced NOTE: The Regenesis Group acts as a construction contractor usually to engineering firms. 'the engineering firms are the direct contacts to the public agencies. C c 3 Rug 02 O1 11:51a Densificatian Inc. 1540IB22-418C P,B PREVIOUS DYNAMIC COMPACTION EXPERIENCE (Continued; Nome Depot Yonners, NY Quarry Cholrock Home Depot Mhneapoli% MN Rubble F+!1 Home Depot Alhaay, NY Rubble F11! Home Depot Secaucus, h: Silty Fin Home Depot New Rochelle, NY Ml,sc. Frl! WalmartlSam's Knoxvi':'e, TN Sinkholes Hotel additran on 30' NY., CoilapsIWe silts, Loose natural sands, Harnsonburg, VA Nephi. UT Salisbury, MD Pubiin Supermarket Atlanta. CA. Silty Frl AnhaC954"USCh Jersey Ci-y, N.; Hydraulic Fdl Aulazone Store Tulsa. OK 10' Misc. Fiji Marsh Supermarket Nuncie '.N M.rsu. Fig Roach Bros supermltt. Quincy, VA Irside Old Quarry Shows Supermarket Manchester, CT Robbie Strip Center oresboro, AR S-lly Fiji McDonaids Edgevlater, NJ Robbie Fill Fridaysi mbassy Sallies Moline, r Old Deere Factory AAP Supermarket Pa:erson, NJ Misc. Fill Extended Stay Motel A bary. NY Misc Frll CVS Pharmacy N:ngharrton, INY Gil,." Srice Fac;dry Redner's Flasa WL� .cs-Bar-o. PA Coal S""; Dowling Allay N. Aning;on, -NJ 10' Misc_ Fill, Theater Mary 1'e NJ 15- Ursa F•1! Theater '.rdianapo:is- N PO- Silly Fill Shoprite P-vlade.ph:a, PA 15' Rubble Shoppers N. Bergsn. NJ 25' Misc. Fiff Chinese Restaurant O'kianoma City, OK MSW Landfill Landfills/Liner Prep Municipal Landfill DelrOit. M, Gain. A;r Space BFk On Mtn. Landfill Half Moon Bay, CA. 50' Silty Sands Wheelabrator Landfill Beaford, VA Pre•Ciosure of Cap Landfill Liner Prep. Babvton. NY 30' Existing Land -fill Landfill Liner Prep. Ware -tor-, NY 30' Sxistlr:g industrial Demo debris Landfill Tocs;ie'd. VA Gain ATSGace MSW Landfill RC_hes:e•, NF' Gail,; Airspace Landfill Liner Prep. Sa':sb,ry, MD 'asw Landfill Liner Prep. Hudson. MA Liquefiabia Sands Power Plants/Hospitals/Civil Structures Power Plant Jacxscrvr;.c. F_ Hydraulic Fi11 Army Hospital Seattle. OVA Glacial Deposits Hospital Necni.'JT Co;laps:ble sifts Hemapen Project Corpus Cnsti, "X Loose Sands Middle School Sar: Fra�csco. CA Loose Sands Wood Power Plant Stratton, ME Silty Sands Cogeneration Plant Lakewood, NJ LooSa Sands Kolbe Stab Plant Seymora, IN 5llty Sands Fish Hatchery Tacoma, WA Sift V Sa^'ds Treatment Plant Pp., n Beach F Loose Sands MAS Steel Piant Carrclftan, KY SritV Sands NRL Radar Dome Chesapeake Gci., t•nD S l!y Sands Regional Jail Troy, :\p Sleei mill Slag Hospital Garage up'in. UO Underground M.-nes Sheetrock Plant lar•tra. FL L:xwsz Sands Reclaimed Land Flong Kong Reclaimed Say Mirage Casino Atlan;.c City, NJ Old City Durn'p Baseball Stadium Aifentow :, PA Shotrock Fill Visitor Center Zior., 'LIT Collaosible Soils Mllf Airlhles Cargo Hangar . FK Alrport Loris Natura! Sands Convention Center Covington, KY 15, Misc. rill, Water Tanks !_omconmg. MD 15' Misc. Fil! Antifreeze Tanks Ho:,sten, l X Hydraulic Fill Elevated Water Tank Cli!!n Pak, NY Loose Virgin Sands Rover Coaster Ft. Lauderdaa, FL Loosc Sands Hospital E. St. Lou s, IL i5' Misc. Fill Regional Jail Ricrmond, VA La9dC6ntarnv3aledF4 Parking Garage Trumbull. CT Snoarrock Fill Printing Plant Saratoga Springs. NY Loose Sands Corps of Engrs. Center W A'ton. MO Loose Sends Cement Silo Charlevoix, Mt Loose Sands Airport Dike Provo, UT Coliapsible Soils State Office Bldg. Richfield, U Collapsir;le Soils Metro Regional Moll E.izaoeth. N VS;N Lanaiirt High School 'Lynn, MA O10 Cray Pit High school Pohatcorg, NJ Sinkholes High school Scranton PA Coal Sooir Visitor Center Czmbrdge M-D Loose Sands Insurance Building St Louis. VO Misc. Fill Reegianal Detention Cr. Ch;cage ad Lardtill Lady Luck Casino Bet,endorl. IA Misc. Fill office Bldg. Chicago Misc. FN CityPlace Retail Was: Palm BeaCh Lcrise Saris lnnermodal Facility Savannah, GA Paper Land'i'i New Town (Abocea) ,;up tor. FL Loose Sands co8ansibfe silts, PadadiumcityP!ace L;quiliabie soils, Zion Canyon National Road, Loose sands, San Francisco, CA Park, Utah West Palm Roach, FL Residential IL. Hovnanian Devalop. 'Nall, N. 20' Hydraulic Fil.1 IL. Hovnanian Develop. Mahwah, N.; Miso F,i K. Hovnanian Develop. WeSt New York, NJ Misc. rill Half !Moon Ray Condos Cro:an on i!1e Huaso-I 2Q' Osc. Fi:l Lueayon Condos ocean City, MD 20' Loose Sends Abachester Lakes Springfield, VA Abandoned Sand Pit Creekside Troy. NY 30' Unconrolled Fill Van Dorn Village Alexandria, VA 35' Uncontrolled Ft summer Ridge Res'on. VA 15' Rubnfe Fill Governor's Ridge Trumoul:.CT 15'RockRRttibbp-Peat Island Crack Fairfax Cou•ity, VA O11i Sand At Golden Valley Minneapolis, MN 20' Misc.Fili Quarry Development w. Orange, NJ Shorrock F'i! Officers Quarters West Point. NY Shotrock Fill Senior Citisans Cleveland, OH Misc. Ffli Urban Renewal Ph.ladetphia Rubble fill Condos Hyaoluxo, FL Loose Sands 40650 Hurley Lane Paeonian Springs, VA 20129 Avg 02 O1 12:32p Densification Inc. (540)882-4190 -- - -- - •� .� KHY WfL50N CONSTRUCTION 626 795 0513 P.02 PRE -QUALIFICATION FOR DEEP DYN&%11C COMPACTION (DDC) The Contractor's attention is directed to Section 02200, Part 3.02 — Deep Dynamic Compaction (DDC) The Contractor or a subcontractor shall perform the construction, excavation, staging, grading, operations, monitaring, and testing of the DDC operation. The subcontractor shall satisfy the following minimum qualifications: Successful completion of a minimum twenty (20) DDC projects similar in size and mature to this project. Five (5) references shall be provided on the anached form and included as part of the bid and will be considered as pan of the qualifications for successful award of this project. Minimum of five (5) years experience in process of DDC. A minimum of five (5) tefertnces substantiating bidders fivr (5) years experience shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 3. Subcontractor responsible for DDC shall be regularly engaged in DDC work and shall document that they have provided all supervision, labor, material and equipment to successfully densify by deep dynamic compaction twenty (20) separate projects utilizing energy inputs of between fificcu (15) and thirty (30) tons dropped from heights of over seventy feet (70') to improve soil for bath liquefaction, landfill densifieation, and bearing capacity using free fall, and single and double lines. Five (5) of the documented. successfu K completed projects shall be similar to this project in type of landfill to be densifed, depth to be densified, energy input required, and.type of modified crane to be used. The Contractor or subcontractor shall substantiate the above performance on the attached forms (pages C 16 dlvough C 17) and include it with the sealed bid. All bidders shall acknowledge accept the requirements stated herein. Bidder Acknowledge and Accepted: DI LO 14 5,4(�O+y; a✓�C' Company Name F.�I C-15 Date �110111 r TOTAL P.02 p.2 Aug 02 01 11:49a Densification Inc. (540)002-4190 P.7 T l91-30-01 1210a■ FrmEnvironamtai Ind. g1fi2I61401 ~~ -T'fi33 P.003 F-oil - t Listed below arc the n4mes, addresses and Wephotto numbers for five (5) public agencies for ' which the" DDC subcontractor has performed at least twenty (20) projects. Ctrs a-( Darce.e , C4 - IJbAMUrc Project Name and Address A i N 9.4v• + *IMo #D &e ,f e.t a 0 L Name of Project Manager: $ r c•t, S4e V.W } lQ6 u1 Cw. aryeA0, dr. Project Manager's Phone No. (0 AH O -107 0 _• �` 3 G o o a c7 p e�,i3 ter � q 9 Contract Ammwt Date completed - 2. C,rr of lee d of i,,i , C A &w^OMW AWAM Project Name and Address -ruertA &ry o"W ChA4 teR0004iL, to Name of Project Manager: s w -,e 6^r Ke a.- ( -gas ) 3 V 3 qo a o Project Manager's Phone No. f(3 a) 2W 3 :9a0 A Contract Amount Date completed 3. I-E.eas PW7- *4- 7,1°AAa,0ru4-o7-F.nJ D,,- k 04C M.rw Project Name an(I Address tree A 375 L4wO R &9. -- t: c. ^00, -rtc Name of Project y r7-WDn7) Project Manager's Phone No. 9( r) 77r/-W3Jb .o0 0 /Vbre='A13D9 .ton o Contract Amount Date completed 4. `r i a �-s t� 7* T7 G+1 �l�rM i C d�6<c +�r.t OYE�� Project Name and Address X- G7 v L 4Na rru. Cow t.r,� swx , OIq Name of Project Manager: Rom a- , Qa a T) Project Manager's Phone No. ( G -4 l L7q � 3 d % % ,zoeo Contract Amount Darr completed 5. t-104 00" gaw rc G Project Name and AddresY - 54S LAw* A trL Pt: [. v4/r(r/t.,, tee. Name of Project Manager. ��e,b+-.s (Oc a2 Project Manager's Phone No, LIB? -V 67 ado Ar ✓J r, &441 Contract Arnount Date completed t.6weA 1-1, ,W wr 1AN0 . A1lW "VVr►u Sri A .et L r�S;f 6> ' Av etrf ,)yvsmic La'rfw4rk AAw o✓`y- ot0 ta#-0r-k c,0-0A16 r C-16 Plug 02 ell 11:49a ❑ensifieation Inc. (54O)882-4190 P.6 Jul=30-D1 11:b0ea FiwEnvitwwaithl Ind. 111t21i401 — - T-i>16 P.OU/010 F-111 [.tsted below are dic names, addresses and telephone a mbw for five (5) public agcucies which can substantiate the subcontrutors five (5) yrars expaacaee in the perforasaM of DDC 1. NEW P-.P1: 'f�l�r rir►+l 4 _ AyMANte Cd+i* crxw WAA Project Name an Address Ov4t 1a Mt w t.w46*h4t► - ta�x►�Ta�v, MT' Name of Project Manager, M��+uc �7v+i.� Ct�ye'rr1- 77dd /yb�awr�y� ) Projed Manager's Phone No. cliU 34-L -3 Vaa Coneact Amount 9h 067 Date cunt eted Fmiect Name and Address ZlO/V rv.+l;WJ4L ,aa..s - 14740 - W t i nes ceftAw Name of Project Manages; Sf c ✓� M/+d.4! - Project Manager's Phone No. (-?DI ) t -- 7"3 -4, 0?#q oas Conttact Amo= Deaf oamp3cud 3 Project Nano and Address DV#4" r "*W `Mho tOW4A Name of Project Mwnaw- e4. Project Manager's Phone No. LQ l ✓" Y--7y 071.%. d0U Conhwt Amount Date completed 4. atr. g &(ec4wt- X4" Ail w- AVOW, JO Project Name and Addrasa DYm4m K cd*& r- kw ic/of f4vt Name of Project Manager: , vLw 1A .ws.,-r Project Manager's Pho= No. { 7L3 } a- /0 28 Rp.+ x I 90AM 149,94. Contract Amount Date completed Contract AMOMt Dale completed MD DF:n ��v,ra�►wt�.C, �f'a✓✓iu✓ Project Nance and Address SW+; awy L&-Wr(rt - D iron •+►c "-• Oa a AcW r0,1KAW Nam of Fropa Project Manager's Phone No. iv 3d / ...� Contract Amount Date completed C-17 o rztwA44' tpen.rift c1'v+M+ .1'v�...:7i 9 r3�s Aug 02 01 11:49a 0ensification Inc. (5401882-4190 P.5 Five Public Agencies To Substantiate 5 Years DDC Experience Densification, Inc. City of Oakley, CA Public Schools Oakley, CA (1999) Contract: $360,000 Proj. Mgr. (Gen Contr.) Bill Stewart (510)490-1070 DDC Project consisted of densifying Collapsible silts for two schools (285,000 SF) City of Redding, CA Redding, CA (2001) Turtle Bay Museum Contract: $84,000 Proj. Mgr. Skip Barker (530)243-9000 DDC Project consisted of densifying Collapsible silts for new museum building Texas Dept. Of Transportation El Paso, TX (2000) Contract: $256,000 Proj. Mgr (Tx DOT) Tomas Saenz (915)774-4350 DDC Project consisted of densifying 5,000 LF of highway over old sanitary landfill Ohio Dept. of Transportation Columbus, OH (1999) Contract $327,523 Proj. Mgr for ODOT: Ron Mayo (614)274-389 DDC Project consisted of densifying 2,000 LF of Highway over old sanitary landfill Provo, UT Airport Authority Provo, LT (1997) Contract $289,000 Proj Mgr: Earl Davis DDC Project consisted of densifying 3,000 LF Dike in Lake Utah Ft. Lewis, WA/ Corps of Engineers Tacoma, WA (1986) Contract: $460,000 DDC for 14 acre Army Hospital Densifiction, Inc. has Performed DDC for the following State DOTs over old landfills: Florida Illinois Indiana New Jersey Louisiana Vermont North Carolina Florida New Jersey Oklahoma New Jersey 1595, Ft. Lauderdale Stephenson Expressway 1-164 Evansville, IN Route 18, Tinton Falls Route 90, Houma. LA Route 7, Manchoster Century Drive, Raleigh Airport Road, Orlando Route 29, Trenton 19 Street, Oklahoma City Municipal Drive, Hamilton 30' MSW Landfill (2001) MSW Filled Canal (2000) 15' MSW Landfill (1989) 30' MSW Landfill (1988) 20' MSW Landfill (1988) 15' MSW Landfill (1987) 20' MSW Landfill (1985) 15' MSW Landfill (1989) 20' MSW Landfill (1988) 15' MSW Landfill (1994) 15' MSW Landfill (1999) A.Ug 02, 01 11:50a Densification Inc. 1540)882-4180 P.8 PREVIOUS DYNAMIC COMPACTION EXPERIENCE Highways 1-25 Albuouer4ua. %'M 25'Gw1aps bie Silts 1-670 Co:,. nbus, Oil MS'Pt Landfill 1.164 Evansvil.o, -N 15 San:fary Lan(:,Ffi Mexico Border Road El Paso, -X 15' MSW Landrai U.S. Route 16 Tinton Fai s, :J 30' Sanitary Landfill U.S. Route 90 HoJma, ;-A 20' Sanitary Landfll Florida Turnpike Davie. FL 20' OpOris/Tires Route 7 !!".arc -ester. YT 15' S-2a#-2 yLaPe.,e 1.595 Ft. Lauderda'e. =L 20' Sanilary Landfill 1-40 Wi,^.l:ny;on, NC Limestone 5'trkho1es 1.75 Tampa. =L 15'Beer Cans T-i!l Century Drive Ra:eigli. NC X' Sanitary LanaGll Airport Road Or ardo. FL 15' Sa,nilary Landh''il Springfield Bypass Spring+ir;ld, VA. Sand%Clay A,t U.S. Route 99 Ni 2C'San4aryLandl4 Lakeshore Drive C-iioago. IL Coat Ash 15th Street OK ano-na C:;y.CK fvfSIN LandFfl Rapid Rall Denver. CO Misc. Fill 1-93 Concord, NH.. Loose Sands Municipal Drive Han]torr, by MSW Landfill Stevensou EapMSway Ch.Cegc. I- Filed in Canal Coal Spoil Projects 500,000 SF Prison Pn,rnd. VA 4G'Coal5bon Office Building Hazard, KY 30' Coat Sso:l Warehouse Ih':se. VA Nohow Fill Truss Joist Plant I-Azard, KY 30' Snaie Wastewater Lagoons Harlan, KY Shatrcck Fill Coal Silo Meta K,, ha-VorvFv! McDonald's Wise, VA, 30' Clayey Fill Warehouse We!'ron, WV 2G'ShotrockF.'l1 Warehouse Wamclile,''NV Sim Beech Shopping Center Shecanc;oah. PA Anthracite FA.' Supermarket W,I:ces-E,ar•e, PA Anthracite Spa! Warehouse Scra!Vc . PA Anthracite Fill Warehouse '-ailin. PA Anrhiacre Fill Shelby High School P kesvillg, hY 20 Rock Hut0e Scranton High School Sc-amorr, PA A-.Ihracite Fill Supermarket Scran'o-,., PA anthracite Fill McDonald's Charles:ur. WV 15' U:,controlfod Fli Residential sire on rubble 2G If of tilLxfrabfe soils. Tank Farm, hydraulic fill, fill, West nfew }brk. NJ San Francisco, CA Noustan, TX Warehousa iOffIce Complexes "amid's Warehouse Pill51ourgl %, ?A 20' Urcontro lod All Publix Refrigeration Deer`relrl, F_ Loose Silty Sands Shipyard Blast Facility Newport News,'* Oredged Fili 61cerkardle OlBees Valley Forge. PA Sr7rk.+r0115S Union Pump HdgM. Bathe Creek, till 15' Unconvolled Fit Park Place At Baca Bcca Ralon, =L 25' Loose Sands Ri►terpark Towers \ewport hews. vA 20' Loose Sands Sure Lea Bakery a•L•o-o, N'C Loose Silty Sands Kravis Canter Palrr EEacn, FL Loose Sands Crestview Offices Cockeysv':i'o,MD 80' Marble Quarry Dulles Corporate Guiles ArpLrt, VA Residual Clay Worehou$e, rubble fill CorrrFacfing urban INI, downtown Phladeoh.a. PA Jersey city, NJ Warehouse Varri, FL Looso Sands Hilton Hotel NorfolK, VA Loose Sands Caton " ONices Baltirnora, MD 15' unconfrolied Fill NtC Headquarters Chanbliy. VA 10. we. Fill seaward Cough Exec. E'.hcott City. MD 20' Boulder Fill Great Valley Parkway MaNern, PA Sinkholes Glasce Plastics Knoxvii1e. TN 25' Debris Fill Chesterbrook K;ng-oi-Pr..ss a PA Sinkholes Georgia rower Atlanta. GA 15' Silty FX Riverside Towers Newporl News, VA Lease Silty Sand Retirement Midrise Dearbom. MI 75' Silty Sand Fil ferta Pfaff( OWahorna Cify OK fvf5"AJLancf,6d Warehouse 19niarap0.19. IN 20' 54ty Fill Retirement Highrlit Ball:mom. VD 25' S:rly Fill Windward Towers Hampton, VA Loose Sands Coca-Cola Plant W.nchcster, VA 13' Silty F,ll General Electric Camden, NJ Building Rubble WWDC Warehouses SLver Spring. MC 20, Silty Fill Bus Barn Complex NCrwak, CT 15' Silty Fl; Deerfield MIS. Va-ceburg, KY Loose sandy rill Office Complex Peeksk`I. NY f5'rvfi Tank Complex Wa:erlvo, Nv 15' Fir electrical shop Came Lo.mrie, NC Silly Sarri Dept. Publit Works Albany, NY Sanitary Landri!1 General Motors K\,%U v:-M"sia. PA Sinkholes Trailer Complex Los Angeles, CA Indusfr.•a1 Fi. Warehouse Ldisoq, NJ old Clay Pit Warehoust Whippany, N..' Silty rill 4COA00 SF Warehousa St Louis, MO Incinerator Ash Bed/sack Beyond CQ;L mbus. OH Silty Fill Warehouse Kroxvilie, TV Silty riil Warehouse Hartford, CT Loose Sands Rusders Square 5t. Louis. W-0 Rubble Fill 350,000 SF Warehouse S. Platritelc, NJ Misc. Fill Warehouse Kalamazoo. MI Loose Sands Steel Warehouse Trenton, Ni Loose Sands CtlyNecelPalladium W. Palm Beach. FL 20' Loose Sands Commercial/Retail Canters Super i Motel Atlanta, GA 20' Rubble Fill Supermarket Rochester. IVY 39' Concrete Rubble Builder's Square S-'. Lou:Z, MO Steel 10ill Slag Dunkin Dougnuts Baltimore, MD 25''u'ncontroYed Fill Mini Warehouses Norx'a K. CT 20' Urcontro!fed Fill Mint Warehouses Rcocvr`le, MD Sanitary Landfiti Hampton fern Harrisorb.;rg, VA 39' Unconrrolfed 170 Sh* Shopping wasl-'agmr, Do 15' Pubes c� Wei -man Far,rv',Ile. VA New Fiif Eagle Supermarket Cenion. IA random Frf" Publix Supermarket West Palrn i aacn Loose Santis IFROM : PEco-ri8NARD FAX NO. :9495870185 Aug. 01 2001 01:26Pr1 P2/4 PRF,QUALMCATION FOR DEEP DYNAMIC COMPACTION (DDC) The Contractor's attention is directed to Section 02200, Part 3.02 -- Dccp Dynamic Compaction (DDC). The Contractor or a subcontractor shall perform the construction, excavation, staging, grading. operations, monitoring, and testing of the DDC operation. 'nw subcontractor shall satisfy the following minimum qualiflcations; i. Successful completion of a minimum twenty (20) DDC projects similar in size and nature to this project. Five (5) mzfercnces shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 2. Minimum of five (5) years experience in pmcess of ADC. A minimum of five (5) references substantiating bidders five (5) years experience shall be provided on the attached form and included ae part of the bid and will be considered as part of the gtialifieations for successful award of this project. 3. Subcontractor responsible for DDC shall ba regularly engaged in DDC work and shall document that they have provided all supervision. labor, material and equipment to successfully densify by deep dynamic compaction twenty (70) separate projects utilizing energy inputs of between fifteen (15) and thirty (30) tons dropped from heights of over seventy feet (70') to improve soil for both liquefaction, landfill densification. and bearing capacity using free fall, and single - and double lines. Fivc (5) of the documented, successfully completed projects shall be similar to this project in type of landfill to be densified, depth to be demified, energy input required, and type of modified crane to be used. The Contractor or subcontractor shall substantiate the above performance on the attached forms (pages C16 through C17) and include it with the soled bid. All bidders shall acknowledge accept the requirements stated herein. Bidder Acknowledge and Accepted: EN N Sod L,LaTN�11, INC. 2,�� Company Name By 03te C-15 Z0 39Vd 91000617 95:71 100Z/9Z/L0 FROM :RECO-M6AARD FAX NO. :9495e70165 Aug. 01 2001 01:26Prl P3i4 t «, Listed below are the names, addresses and telephone numbers for five (5) public agencies which can substantiate the subcontractors five (5) years experience in the performance of DDC operations: 1. T Project Name and address Name of Project Manager:cLw.�. _ 5. ^ Project Manager's Phone No. L 6 L ) Contract Amount _ to o, .!m __ Date completed 2. Project IU%e ar3il Address .0 Name of Project Manager: `i Project Manager's Phone No. Cont act Amount Date completed 3 -Do T ter V-U tic,: co — %�► a �.rb.. - S -- - - ELM—1 - Project Name and Address U 4 Name of Project Manager:_ -Do'i' Project Manager's Phone No. { 50 ) `{ r,4 � g - 4-56Q (eoo _ I - - Contract Amount Date completed 4. ( _I f). --? V io At EL11 — Project Wrneknd Address Name of Project Manager: 7flm geICILM, S 1 ,k) Project Manager's Phone No. ( 6? 4 ) q 31 I Q) J Contract Amount Date completed Contract Amount Date completed S. %::�-.�,.,, �. W re — S Project Name anti Address — Name of Project Manager: . rs, �4 L,�,Q,,, Project Manager's Phone No. c 33 r ) Coct Amount Date completed C- t 7 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 15 2002 To: Ecology Construction, Inc. 22019_Wanowen Street, Ste. F Canoga Park, CA 91303 Enclosed please find your original bid bond issued by National Surety Corp. for CC No. 1121 c aoe�;;O�— Connie Brockway, CMC City Clerk Enclosure g:Ifo!lowup,cashcorr'relL;mbidbond.doc (Telephone: 714-536.5227) jar' !L tr Fireman's Fund ❑ Fireman's Fund Insurance Company ❑ The American Insurance Company National Surety Corporation ❑ Association Indemnity Corporation ❑ American Automobl!a Insurance Company Home Office: 777 San A4arin Dr. Novato, California 9494E KNOW ALL MEN BY THESE PRESENTS: That we, ECOLOGY CONSTRUCTION, INC. BID OR PROPOSAL BOND (herefnafler called the Prinapaf), as Principaf, and NATIONAL SURETY CORPORATION , a corporation organized and doing business under and by virtue of the laws of the Stale of I.LLINOI S , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surely, are held and firmly bound unto CITY OF HUNTINGTONT BEACH (hereinaher ca;-led the Obligee) in tha full a16just scan of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($10 Z OF BID AMT ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, join.ly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the Obligee a bid or proposal for the HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX CASH CONTRACT NO. 1121 CUP NO. 00-60 AND VARIANCE 400.24 - in accordance with the plans and specifications filed in the office of the Obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said Pr,'.xo 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 conti-acl and bond for the completion of said work as required by law, then this obligation to be nu!1 and void, otherwise to be and remain in full force and aged. IN WITNESS WHEREOF, said Principal and said Surety have caused these premises to be duly signed this23rdday of JULY , 2001 ECOLOGY CONSTRUCTION, INC. -57 By NATIONAL SURETY CORPORATION By 360277-5-84,JMH SHAWN BLUME Anorr►ey in Fad V � STATE OF _ COUNTY OF CALIFORNIA RIVERSIDE On 1 / �-31 01 , before me, PERSONALLY APPEARED SS. R. STANDLEY personally known to me to be the person(} whose name{f} is/.-6r-& subscribed to the within instrument and acknowl- edged to me that he/executed the same in his/ -hor44heitx authorized capacity(+@&), and that by his/kei,/ 44e4r signatureWr on the instrument the person(&;, or the entity upon behalf of which the person(&} -acted, executed the instrument. WITNESS my hand and official seal. Signature r OPTIONAL SHAWN BLUME /• � R.5TANDLEY CCU r?j- 49263272 ON, -. NOTARYPUBLIC- CALIFORNIA:' z % M. Comm. ExPIraS Jun- 7.2t104 This area f r Off ciai Notarial Sea. Though the data below is not reou;red by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN;CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAM= OF PERSO :;S) 09 EYTi-y; ES) DESCRIPTION OF ATTACHED -DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -OS! lkx-.6/94 ALL-PURPOSE ACKNOWLEDGEMENT FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY A IERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticaled•in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE WSUPUUNCE COMPANY, a Missouri corporation (herein collectively called "the Companies") does each hereby appoint NIlChael D. Stong, Rosemary Standley, Susan C. Monteon, and Shawn Blume, Riverside, CA their true and lawful Attomey(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances Or other written obligations in the nature thereof --------""""'"`--" .""____--___ ________________________ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attemed by the Companies' Secretary, hereby ratifying and confirming all that the said Attorney'(s)-in-Fact may do in the premises. This power of attorney is graced under and by the aut`:orin' of Article V!I of the By-laws of FIRENIAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE. INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSUPANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY as a meeting duly called and held, or by written consent, on the 19th day of March, 1995. and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or eenifica!e bearing such facsimile signature or facsimile seal shal3 be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their dice -President, and their corporate Seals to be hereunto affixed this 13 day of October , 1998 FETYC n°°'try"J" yAh'S F E'uFRr�`,FIREMAN'S FUND INSURANCE COMPANY w �o9�0 Fw y, +�cMo¢: "=y NATIONAL SURETY CORPORATION � y t� •— THEAMERICAN INSURANCE COMPANY Z r-a _ e w r 6 ASSOCIATED INDEMNITY CORPORATION Q `y ; . ' ~ iS''• AMERICAN AUTOMOBILE INSURANCE COMPANY i s�}Lx "3 `.'�• °'SCE eo`'` 4•Mc[�eoroc5!►°',.,a� By STATE OF CALIFOR`[A ss. COUt,"[l' OF htAR[ti On this 13 day of October 1998 before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is a Vice -President of each company, described in and which executed the above instrument; that he knows 'he seals of the said Companies; that the seals affixed :e the said insuLment are such company seals: that they were so of fixed by order of t^e Hoard of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. L. OCA'v1PO Commission N 1163726 z -a Notary Public - Cdiforrria Merin County W Cc mm. FXpfES Nov29, 2D0I Nuiary Public CERTIFICATE STATE OF CALIFORNIA Ss. COUNTY OF NIARIti I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore tha(Article VIl of the By-laws of each company, and the Resolution of the Board of Directors; set forh in the Power of Al:orney, are now in force. Signed and sealed at the County of Marin. Dated the � - day of tt`A)' f6 1��ny�R,�iyy } 6 i nJ to �'4••'r i..,,,n, y'ti"CF CCU 444'CE •CaJ� �O r Residem Assisum Sc"urp 360789.1 t-98 ECOLOGY CONSTRUCTION.-INC. BID PROPOSAL HUNTINGTON BEACH SPORTS COMPLEX CASH CONTRACT NO. BID DATE:' AUGUST 2, 2001.@:-2:O0':i?K"'�.-:,'-i, V Lu LLA Li i LA 7 F - r, T-,, N: - c Clly OF F,,, c- A C C A j,Ul'%,TR!Gl ON 20M 113 p I W5Q 0 0 117-1 a Whl "1 14 1121 Z - '%P'l 1�907 V31HOV30raliplaucli L %7 SECTION A NOTICE INVITING SEALED BIDS for the HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX CASH CONTRACT No. 1121 CUP No. 00-60 and Variance # 00.24 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 projects 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 August 2, 2001. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents, as listed below, are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $250.00 nonrefundable fee if picked up, or payment of a $300.00 nonrefundable fee if mailed. ■ Package of drawings ■ Specification book ■ Geotechnical Report (Soil Report) prepared by AMEC Earth and Environmental dated November 28, 2000 ■ Excavation Management Plan prepared by AMEC Earth and Environmental dated January 30, 2001 ■ SCAQMD Construction of Landfill Gas Extraction Well System Permit ■ SCAQMD Landfill Gas Blower Facility Permit ■ SCAQMD Landfill Condensate Management System Permit 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 off' the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. A-1 The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. 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 of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A pre -bid meeting will be held on Friday, July 20, 2001, at 2 p.in. at the Central Library, 7111 Talbert Street, in meeting room C for the purpose of reviewing bid documents, receiving bidder questions, and reviewing the site. Construction schedule is approximately sixteen (16) months. Statement of probable construction cost is approximately $13.6 million. 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 18`h day of June 2001. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION C PROPOSAL for the HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX CASH CONTRACT No. 1121 CUP No. 00-60 and Variance # 00.24 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 therefore, 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 346 working days (16 months), starting from the date of the Notice to Proceed. The portions of the six (6) month post -installation period remaining or not started on the date of the Notice of Completion is not included in the time expressed for construction. 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 declares that this proposal is based upon careful examination and full understanding of the necessary actions, operations, and incidentals to relocate the City's maintenance building currently at the City's Beach Maintenance Yard at 19601 Beach Boulevard (at Yorktown) and install as indicated on the drawings. BIDDER declares that this proposal is based upon careful examination of the related contract documents as listed in Instructions to Bidders available for review at the City of Huntington Beach Public Works Department. C-1 BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, fin n the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received i d&'s S azure C-2 BID FORM HUNTINGTON CENTRAL PARK SPORTS COMPLEX CASH CONTRACT NO. 1121 CLIP NO. 00-60 and Variance,400.24 REVISED WITH ADDENDUM 1 r Bidder: Item Description Estimated , Unit Price Extended Amount Q ty f 1 Base Bid Park Improvements 1 is I f� ZSq S 2 Talbert Avenue Undergrounding 1 is � so A j S 3 Gothard Street Under -rounding 1 Is j S _ 5M 4 Hauling of PHC Impacted Soil 23,000 S tons 43 S Gas Extraction System Blower Station (Section 02401, No. 1) 1 is 124PPI S 12-41 5t 1 6 ; Drilling 35 LFG Well Borings (Section 02401, No. 2) 1,510 of S cc) 7 Construct 35 LFG Well Casings — 2" 1 710 if j S SCH 86 (Section 02401, No. 3) 8 Construct 35 LFG Well Casings — 3" SCH 80 (Section 02401,'so. 3) 810 if 145 1R) 45D i I I i 9 Construct 35 LFG Well Meter Runs iSection 02401, No. 4) 35 ea 75 S 3-4) 1 10 LFG Condensate Sumps (Section 02401, 8 ea C1 I S I. No. S) t + 111 1" SDR 11 HDPE LFG Condensate 3,000 If 1 S Piping (Section 02401, No. 6) 12 '-" SDR 11 HDPE LFG Condensate 3,000 if S Piping (Section 02401, No. 7) boo 13 LFG Blower Station Electrical Service I Is I, (Section 02401, No. 8) DDD j "'�l D�� Page 1 of 3 C-3 Tltem I Description Estimated Unit Price Extended :mount Qty 1.4 ! LFG 3,000 Gallon Condensate Holding I is S Tank, 4,700 Gallon Secondary i Containment Tank, Seismic Restraint Svstem, & 55 Gallon GAC Canister �'� )ZDD I 1 (Section 02401, No. 9) ' 15 i LFG Blower Station Foundations 20 cr ' 13 � 'T 5 S I � ,.r�� (Section 02401, No. 10) ! � ) ' 16 8" SDR 17 HDPE LFG Gas Extraction i Pipe 02401, No. 11) 3,000 if (Section 17 ' 4" SDR 1 HDPE LFG Gas Extraction Pipe (Section 02=401, No. 12) 1,300 if S I � 18 I 2" SDR 11 HDPE LFG Gas Extraction Pipe (Section 02401, No. 13) 2,600 If I S I 1 Roo 19 8" LFG Butterfly Valves (Section 02401, No. 4 ea I �O ? �� 14) 20 4" LFG Butterfly Valves - 1 6 ea (Section 02401, No. 15 21 LFG Header Sample Panels (Section 4 ea �5D 11 i 02401, No. 16) i 22 LFG 80 Hours Startup & 8 Hours 1 is I S 1 System Training I ��DO 175W J (Section 02401, No. 17) l 23 LFG Blower Station Source Testing I 1 is ! O OaD ! S � O booj (Section 02401, No. 18) } I i 24 LFG Mobilization and Demobilization 02401, No. 19) 1 Is S (Section 25 i Drilling 7 LFG Multi -depth Gas 7 ea S `ionitoring Probes k3 150 I Zi I (Section 02401, No. 20 (a)) '-asc �26 Re -drilling & :abandonment LFG Multi- 3 ea I S depth Gas Monitoring Probes (Section ; 3 1-J5 D 1 1) -a5 D 02401, No. 20 (b) & (c)) TOTAL BASE BID IN FIGURES S � to, ('na, 0.1— TOTAL BASE BID IN WORDS; Page 2 of 3 C-4 ~ Item Description Estimated , Unit Price Extended Amount Qtv ADD ALTERNATE A: Sportsfield #6 I 1 is S 1 1 DO g30� oo ADD ALTEP-NATE B: Automated LFG 1 Is S Condensate System e0 ppp 80POO (Section 02401, No. 21) � ,ADD ALTER.N�: Sod Infields in lieu 1 is ' S of Hvrdo-stolonizing ' ADD ALTERNATED.- 6 Month Maintenance for Planting and Irrigation I 1 Is S i ��1 pQU Only, after park is open to public Page 3 of 3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Percentage % Portion Work , of , Number Mr,6101ra M-01-1 �'Fwffv �L mv Ate_ ff � iml, 0.010MR1 90- WUNQ M M � 30 -0 , I M-O n = AP-, r 1 'It k I 1 ` Mk .'�►�SIR Vm ' M 10JAV"I 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange beiny. first duly �orn, a os s ansays that he or she is of party making the foregoing bid that the bid is not made in the inte of, o on the be alf 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. • ,a i 6 W1.1 W. , 1 Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of 92001. BEVERLY PARKS _ Commission # 1182945 z SMYCOMM. Notary Public - Cai'.`3Mla Los Angeles Ccunty Expires May 9, 2002 NOTARY PUBLIC NOTARY SEAL C-s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On Date I K=e a le o1 Officer (e. ., .J�ne Doe, Notary personally appeared Names) of Signe.(s) BEVE -1-Y. ,MKS Commiss'_,. - 1 162945 Z C Notary Pudic - Cv ; nia p . Lcs Angeles Cc. y My Comm. Expires rocy 9, 2002 Place Notary Seal Above — 515rrsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the persoyGsj''whose na subscribed to the within instrument and acknowledged to me tha*_"QD�Aey executed the same in -;r� authorized capacityoeej and that by signaturp4ey,Ch the instrument the person , the entity upon behalf of which the person er acted, executed the instrument. IT ESS my hid and offs ial seaF.1 gnatur of Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: TOP of thumb here * 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No 5907 Reorder. Call Toll -Free 1-800-876{827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HUNTINGTON BEACH CENTRAL PARK SPORTS COMPLEX, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. t"ist E N.r ) QQZD0 ~. Contractor By Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? O Yes 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. LILQlf at-m�tu-a" .0-'4zj. Contractor 1 By Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: r Telephone Number State Contractor's License No. and Class L -11-q3 Original Date Issued 8 -1 1- zooz Expiration Date The work site was inspected by — of our office on :Ll��4_'2001. Them tenan uilding to be relocated was inspected b .� of our office on 2001. Bidder represents hat all documents listed in instructions to Bidders have been satisfactorily reviewed prior to submitting Proposal documents and Bid Form. The Bidder represents that the Company has a minimum of five (5) years of successful prior experience performing the type of work required by the contract as prime contractor. he following are persons, firms, and corporations having a principal interest in this proposal: C-10 R The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Signature of Bidder I PriAted or Typed Signature Subscribed and sworn to before me this day of 20 LY PARKS _ Comm scion m i I E29;5 „ Notary Publiz- Ca". or-.Z s Los Angeles Cour.;y My COMM. Expires May 912002 - NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar w rk within the past two years: Nam Address of4ublic Agency Name and Telephone No. of Project Manager: Z13 -8I�1� Pa Date Completed Name and Telephone No. of Project Manager: k U 5 Z 5Z� 51ipZ, Contract Amount Type of Worts Date Completed 3. S _ •c .. ArS�.�eS Name d ss of Pub Ii Agency Name and Telephone No. of Project Manager: f Contract Amount Type hf Work Date Completed C-11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of A n - Date l personally appeared of Officor (e#,'Jaje Doe. of S-gnor(e) rsonally known to me proved to me on the basis of satisfactory evidence to be the persory(sY--Whose nam,&K l a Ccr:V Y PMKS subscribed to the within 'W trument and ccmm.I on a tR29%5 acknowledged to meethal&&AOey executed z w� Notcy Pudic - Ccl: ornin the same in aut4igized r LOS Ange:eS COu'^ty My Comm. Expirest,�.cy9,2002 capaci4g4esr, and that by signaturehO- ri the instrument the persaakj} vT the entity upon behalf of which the pers9afsr' acted, executed the instrument. I NESS my n and ffici I seal. Place Notary Sea[ Above Signet o1 Notary PUDlic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document bate: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator CI Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRKr OF SIGNER O 1997 National Notary A6aaciatlon • 9350 De Sato Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No_ 5907 ReonJer. Call Toll -Free 1-800-876-6827 PRE -QUALIFICATION FOR CONSTRUCTION OF LANDFILL GAS EXTRACTION SYSTEM The Contractor's attention is directed to Sections 02400 through 02426 for the installation, startup, testing, and related contract requirements for the proposed landfill gas extraction system. The Contractor or a subcontractor shall perform the construction, excavation, drilling, installation, and testing of the landfill gas (LFG) extraction system. The subcontractor shall satisfy the following minimum qualifications: 1. Successful completion of a minimum five (5) landfill gas extraction systems similar in size and nature to this project, and within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Five (5) references shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 2. Minimum of ten (10) years experience in the construction of LFG systems. A minimum of five (5) references substantiating bidders ten (10) years experience shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 3. All personnel working on the LFG extraction system shall be intimately familiar with the use of gas monitoring equipment for total organic compounds as methane (such as flame ionization detector) and hydrogen sulfide. Such equipment will be required for the duration of installation and testing on the LFG extraction system. 4. The LFG extraction system subcontractor shall have a site supervisor who has recently and successfully completed forty (40) hours of health and safety training in accordance with OSHA Hazardous Waste Operators and Emergency Response Standard 29 cfr 1910.120(e)(8), (q)(8), and 8CCR 5192(e)(q). A valid certificate is required. The Contractor or subcontractor shall substantiate the above performance on the attached forms (pages C13 through C14) and include it with the sealed bid. All bidders shall acknowledge accept the requirements stated herein. Bidder Acknowledge and Accepted: r► • L _ �1. � �n , • • " i ON • By Date C-12 Listed below are the names, addresses and telephone numbers for five (5) public agencies for which the landfill gas subcontractor has constructed landfill gas extraction systems within the jurisdiction of the SCAQMD; 1. — Project Name and Addre Name of Project Manager: Project Manager's Phone No. 5 Contract Amount Date completed 2. Project Name and Addr Name of Project Manager: Project Manager's Phone No. Contract Amount Date completed 3. /T�1�.1 fn 6. Luj.S�A rTu",1, t�,�Lu- ot�,' , Ime — Project Name and Address &S�%LLj CY Name of Project Manager: Project Manager's Phone No. (-�?� } I q(,-,> 05 3 2,, wo. m— _Io Ae) Amount «MISI-211i 5. Date completed Project Name and AddresUs Name of Project Manager: c��,)k Project Manager's Phone No. ( L } 83©-8Qr=O__ ir 1 ,�I IF" - ton 1 Amount Date completed Project Name and Address 1 4!6n.614" Name ofProject Manager: �_ Project Manager's Phone No. c Gi9!"- % 3 Y Contract Amount Date completed C-13 Listed below are the names, addresses and telephone numbers for five (5) public agencies which can substantiate the subcontractors ten (10) years experience in the construction of landfill gas extraction systems: w Project Name and AdWess Name of Project Manager: Cnd.Tl Project Manager's Phone No.( 6L j } "1'75 -qJ Z3 Contract Amounts 7T4�j— Date completed _ T z. Jjrj�r - -7��ejaxis ��U-h � IkQttbc�J& J/ )(24 Project Name and Address IIA Name of Project Manager: Project Manager's Phone No. i q�z,- 11Z,'Soo,mo-' %I qg� Contract Amount Date completed 3 Project Name and Addres� v Name of Project Manager: C� Project Manager's Phone No. 6 1" 5(�I ,DOD - QQIto Contract Amount Date corn 4. Project Name and Address Name of Project Manager: Ocaak---vku�, L, 5 ,Project Manager's Phone No. (�) LArl [h - -?1..-1 33 _' 199l Con ract Amount Date completed ^ Contract Amount Project Name and Address Name of Project Manager:. Project Manager's Phone No. IJH I g�p ryC-) Date compl Amount Date C-14 PRE -QUALIFICATION FOR DEEP DYNAMIC COMPACTION (DDC) The Contractor's attention is directed to Section 02200, Part 3.02 — Deep Dynamic Compaction (DDC). The Contractor or a subcontractor shall perform the construction, excavation, staging, grading, operations, monitoring, and testing of the DDC operation. The subcontractor shall satisfy the following minimum qualifications: Successful completion of a minimum twenty (20) DDC projects similar in size and nature to this project. Five (5) references shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. 2. Minimum of five (5) years experience in process of DDC. A minimum of five (5) references substantiating bidders five (5) years experience shall be provided on the attached form and included as part of the bid and will be considered as part of the qualifications for successful award of this project. Subcontractor responsible for DDC shall be regularly engaged in DDC work and shall document that they have provided all supervision, labor, material and equipment to successfully densify by deep dynamic compaction twenty (20) separate projects utilizing energy inputs of between fifteen (15) and thirty (30) tons dropped from heights of over seventy feet (70') to improve soil for both liquefaction, landfill densification, and bearing capacity using free fall, and single and double lines. Five (5) of the documented, successfully completed projects shall be similar to this project in type of landfill to be densified, depth to be densified, energy input required, and type of modified crane to be used. The Contractor or subcontractor shall substantiate the above performance on the attached forms (pages C16 through C17) and include it with the sealed bid. All bidders shall acknowledge accept the requirements stated herein. Bidder Acknowledge and Accepted: r��s _ ►L 1� , �1, ' o '+ TIT C-15 4 3 4 5 Listed below are the names, addresses and telephone numbers for five (5) public agencies for which the DDC subcontractor has performed at least twenty (20) projects. Project Name and Address Name of Project Manager: Project Manager's Phone No. Contract Amount Project Name and Address Name of Project Manager: Project Manager's Phone No. Contract Amount Project Name and Address Name of Project Manager: Project Manager's Phone No. Contract Amount Project Name and Address Name of Project Manager: Project Manager's Phone No. (ram Contract Amount Project Name and Address Name of Project Manager: Project Manager's Phone No. Contract Amount Date completed Date completed Date completed Date completed Date completed C-16 F4 3 0 5 Listed below are the names, addresses and telephone numbers for five (5) public agencies which can substantiate the subcontractors five (5) years experience in the performance of DDC operations: Project Name and Address Name of Project Manager: Project Manager's Phone No. ( Contract Amount Date completed Project Name and Address Name of Project Manager: Project Manager's Phone No. Contract Amount Project Name and Address Name of Project Manager: Project Manager's Phone No. (___) Date completed Contract Amount Date completed Project Name and Address Name of Project Manager: Project Manager's Phone No. �) Contract Amount Date completed Contract Amount Date completed Project Name and Address Name of Project Manager:, Project Manager's Phone No. (, Contract Amount Date completed C-17 '�- CITY OF -HUNTINGTON BEACH 2 0 0 0 Main Street P. O. B o x 1 9 0 C a l i f o r n i a 9 2 6 4 8 Robert F. Beardsley, P.E. Department of Public Works Director (714) 536-5431 Huntington Central Park Sports Complex Cash Contract 1 121 City of Huntington Beach ADDENDUM NUMBER 1 July 25, 2001 Notice To All Bidders: This addendum is hereby made a part of the contract documents to the some extent as though it were originally included therein. Please note the following clarifications and revisions to the project specifications, plans, and contract documents: 1. Architectural - RFI_Roofing Specifications Studio 7 (project architect) has "accepted as noted" the proposed substitution of GAF Materials Corp Specification N-B-4-M with the following notations: ■ Root system must be classified as a "Class A" root by UL ■ Warranty shall be ten (10) year, no dollar amount Studio 7 (project architect) has "accepted as noted" the proposed substitution of US Intec, a division of BMCA Specification M-B4TP-N with the following notation: ■ Roof system must by classified as a "Class A" roof by UL ■ Foundation anchor bolts for the relocated maintenance facility (KWIK-BILT) building shall be a minimum of 5/8" diameter. 2. Architectural - Restroom_& Concession Building At each Concession Building, the Contractor shall provide & install: Two (2) 1'-6" x 2'-0" painted, galvanized iron, louvered, attic vents covered w/ corrosion resistant metal mesh w/ mesh openings of '/:' in the wall of the mechanical well; and Two (2) 24" x 36" painted, galvanized iron, water tight, attic access panels in the wall of the mechanical well. Addendum 1, CC- 1121, July 25, 2001, page 1 of 3 G:\Ceristrucricn Contracts (CCsl\CC1121\Ccrresp\Addenda\Adcenau--doc 3. Revised Bid Form Includina Section 2401 LFG Items Bidder shall use the revised attached bid from when submitting sealed bid. 4. Landfill Gas Control System, Contractor's attention is drawn to the following changes in the specifications ■ Section 02400, Part 1 - General, 1.01 Nature of Work, Item A, change "thirty- four (34)" to "thirty-five (35)" ■ Section 02401, 1.01 Nature of Work, Item 2, change "thirty-four (34)" to "thirty- five (35)", and "1470" to "1510" vertical feet of drilling. • Section 02401, 1.01 Nature of Work, item 3, change "thirty-four (34)" to "thirty- five (35)", change "680" to "710" lineal feet of two-inch (2") SCH 80 solid PVC pipe, and change "790" to "810" lineal feet of three-inch f3") SCH 80 perforated PVC pipe. ■ Section 02401, 1.01 Nature of work, Item 4, change "thirty-four (34)" to "thirty- five (35) ". ■ Section 02405, Part 1 - General, 1.01 Nature of Work, Item A, change "thirty- four (34)" to "thirty-five (35)". 5. Water Utility Plan Sheet U-5, Pane 33 of 161 Modify all slurry backfill to 1 sack slurry in lieu of 2 sock. Detail 2 - 2" Multiple Service Manifold: 1. Change construction of 6" UP to 6" PVC, Class 150. 2. Delete new fire hydrant at Sta. 121 +02 and install new fire hydrant, per City std. 607, at the end of the 6" PVC manifold. 3. Construct 12"xl 2"x6" tee per Water Division Std. 614, • Detail 4 - 12" Water Lateral Connection: 1. 12" PVC shall be Class 200 in lieu of Class 150. Construction Quality_ Assurance iCQA1 Plan "Construction quality assurance" or "CQA" means a planned system of activities that provides assurance that the Alternative Final Cover (AFC) is constructed as specified in accordance with the design specifications approved by the RWQCB. As used in the California Code of Regulations (CCR), Title 27, the term includes "Construction quality control" or "CQC", a planned system of inspections that is used to directly monitor and control the quality of a construction project as it relates to the final cover. A copy of the submitted CQA plan is attached and by this reference made apart hereof the contract documents. The CQA identifies specific responsibilities of both the General Contractor and City of Huntington Beach. The bidder is hereby directed to review the CQA plan and make all necessary provisions with the submitted base bid to account for all associated obligations required to construct the AFC in accordance with the approved design. 7. Pre -Bid Meeting Attached please find copies of the approved meeting minutes and sign -in sheet from the July 20, 2001, pre -bid meeting held at Central Library, meeting room "C". Addendum 1, CC-1121, July 25, 2001, page 2 of 3 G:\Constructor) Contccts (CCsl\CC 1121 \Coresp\Addenda\Addendum.doc 8. RA -- Signs The following is clarification regarding signage: ■ Thickness of material for letter `boxes' on D/L-9 is one -quarter inch (1 /4") ■ Letters shown on walls of D/L-10 and C/L-10 are solid. ■ Letters on C/L-10 are straight. RFI - Pilasters Masonry pilasters for the fencing shown behind the semi -circular planters between backstops 2&3 and 5&6 are as shown on the plan views - three (3) at each area for a total of 6 pilasters. 10. RA - Soun wall Block size for the soundwall shall be standard size of 10 x 8 x 16. All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the project cost estimate nor the Bid Opening date/time for this project. D UGL S S. STACK, P.E. eputy City Engineer Enc. Bidder Acknowledge: Addendum 1, CC-1121, July 25, 2001, page 3 of 3 G:\COrisiruction Contracts (CCs)\CC1121\Corre5p\Addenda\AddenduM.doc FROM RECO-MENARA FAX NO. :9495870185 Jul. 26 2001 01:03P1.5 P2i4 J PRE-QUALMCATION FOR DEEP DYNAMIC COMPACTION (DDC) The Contractor's attention is directed to Section Moo, Part 3.02 — Deep Dynamic Compaction (DDC). The Contractor or a subcontractor shall perform the construction, excavation, staging, grading, operations, monitoring, and resting of the DDC operation. The subcontractor shall satisfy the following minimum qualifications: ] , Successful completion of a minimum twenty (20) DDC proses similar in size and nature to this project. Five (5) references shall be provided on the attached form and included m part of the bid and will be considered as part of the qualifications for successful award of this project. Z. Minimum of five (S) yew experience in process of DDC. A minimum of five (5) references mbstaudaftil bidders five (5) years experience shall be provided on the attached form and included as part of the bid and will bo considered as part of the qualifications for successful award of this project. 3. Subcontractor rmspmpible for DDC shall be regularly a ngagad in DDC work and shall document that they have provided all superWaion, labor, material and equipment to successfully deasify by deep dynAmio compaction twenty (20) sepamte projects utilizing onergy inputs of between fifteen (IS) and thirty (30) tons dropped from heights of over seventy feet (70') to improve soil for bath liquefaction, landfill densificatian, and bearing capacity using free fall, and single ' Arid double Braes. Five (S) of the documented, successfully completed projects shell be similar to this project in type of landfill to be densified, depth to be densified. energy input required, and type of modified crane t4 be uxed. The Contractor or subcontractor shall substantiate the above Perfbrmance on the attached forma (pages C16 through C17) and include it with the sealed bid. All bidders shall acknowledge acme t the . edg p requirements ,tercel herein. i Bidder Ackmwle dge and Accepted: INC. J" �I Company Name BY to ZO 3Vdd 9T0b06b 95:DT T00L/9T/L9 E40M •:RECO-MENARD FAX NO. :9495e7Oies Jul. 26 2001 01:04P" F3/4 i Listed below are the names, addresses nd telephone numbers for five- (s) public agencies for which the DDC subcontr ew has performed at least twenty (20) projects, 1. Project Name and A . Name of Project Manager:.— % f R W Lr,p C R E:K,,6nt4 _ Project mmger's Phone No, (?0 3 }IU INZ3 Aar - Contract Amom' t Date completed I Project Name and Address Name of Project Manager; r Project Manager's Phone No.+� Rwo Contract Amount Date completed 3. Project Name and Address Name of Project Munmer; r 4. u.c u v Project Manager's Phone No. (30--aLb j 33 e 1110 u l9 Co4ract mount fgkz completed 4. JhX Project Name and Address Name of Project Manager: bP. 4. Tir A{eunt e�L-- C t� Project Manager's Phone No. 21 461 33 pi Conuact Aineunt ate completed Project Name and Address Name of Project Manager: i eO. „b, Jt&L0bEa=I 42a,at Sk 1 -, C f 1� Project Manager's Phone No. C 6-0- ] 4 R �t--d 4r�0 _ _ 1 I� �J Con act Amount C Date completed C-16 E0 Mvd 9T00960 99:VT T00L/9T/L0 F; @M •: RECO-f1ENARD FAX NO. : 9495870185 Jul. 25 2001 01: 04FM P4' { Listed below are the mutes. addreeeea and telephone nwnbers for five (5) public agencies which can substantiate the subconti"amtors five (5) Yeas expeciencc in the Performance of DDC operations: Project Name and Address Name of Project Manager: M- r C11.k u nh14 .,,.1 24 N Project Manager's Phone No. Contract Amount %20 Doe, si. Date com leted 2, p� 1i'Ro E E + Project Name and Address Slhti+TJ4rRY t.111�bF+`t.1.- Nama of Project Manager: v r Project Manager's Phone No. (Afi 1 tFdI % o_ 1 20 �M Contract Amount Date Completed 3, W DL — V CO Project Name and Address Name of Project Manager: 0 Project Manager's Phone No. Ia 4 -- Connect Amiount Date comoeted 4. C" Project Nance and Address Name of Project Manager: a me ML Project Manager's Phone No. [ ) QQ a Contrwf Amount 14 Date completed Contract Amomnt Date completed SA r T 14 ITALTi Project Namc and Address Name of Project Manager:.. I VA E fi fr kE k _ _c-,I, Project Manager's Phone No. Contract Amount Date completed C•17 b0 3Ddd 9T90060 9S:bT T00Z/9Th0