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VALLEY CREST LANDSCAPE, INC. - 1997-04-14
Ua(coo . Yo r 1 City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT �.,/ CC (6 �-� b_k'�2r <3 —1,4 ram[ ?f 1 DATE: Q - The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. eAN T. VILL LLA, Director of Finance certify that no stop notices are on file on the subject at this time. Date: ROBE T F. BEARDSLEY, Public Works Director I certify that no stop notices are on file on the ;subject contract and that a guaranty bond has been filed. Date: !o a I 1 "V CONNIE BROCKWAY, ity Clerk I certify that there are no outstanding invoices on file. Date: Q kIF Er5ENRICH, City Treasurer 10% Retention Payment C9103198 7:47 AM x 400.80 YA "EN RECORDED MAIL TO: CITY OF FIUNTrNGTON BEACH Office of the City Clerk A. O. Box 190 Hnnd". on Beach, CA 92648 Recorded in the County of orange, California Gary L. Granville, Clerk/Recorder No Fee fit, 19980516747 09:02v 08/10/98 005 7014750 07 12 C15 4 6.00 9.00 0.00 0.00 0.00 0.00 Ce r+ t(7s 0C4e 0 �- C orn "p 1C+; ,, rf' CERTIFICATE OF SUBSTANTIAL COMPLETION TO: Citv of Iluntinaton Reach OWNER DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE Pier Plaza _June 5, 1998 PROJECT NO. 1029 PROJECT OR SPEiCIFIED PART SHALL INCLUDE: See Exhibit "A" Attached LOCATION: Pacific Coast Ilichwav at Main Street OWNER: Citv of fluntir ts, on Beach _ CONTRACTOR: Valley Crest Land,capt, Inc. CONTRACTOR FOR: Pier Plaza Project CONTRACT DATE: April 14, 1997 me work performed under this contract has been inspected by authorized representatives of the Owner, Contractor, and Engineer -Architect, and the Project (or specified part of the Project, as indicated above) is hereby declared to be substantially completed on the above date. >�: T}EFf�ITION1OFSitT35TA�`TT.IT.C[}titPT.FTTC}ti :_ The date orsubstantiA completion of a projector specified area of a project is the date when the construction is sufficiently completed, in accordance Kith Me contract . documents, cis modirkd by an change orders agreed to by { the parties, so that the 0%%ner can'accupy or utitixe the project or specified area of the project far the use for which It was intended. v::s- .. s: -..v. --.-. }.r....:-•..r.ti-. M.w.... .v. r.- .-. -..v: w.::.., .-.:.. v...-.:..w..:..-:n .-..T. A tentative list of items to be completed or corrected is appended et f .�ilure to include an item on it does not alter the responsibility o the v. ith the contract documents. / CON FPT N1 %R1NF INC. Q _ CONiSTRUCnON MANGER A T'1 The Contractor accepts the above Certificate of Substantial Com Vie tentative list within the time indicated. %'.\1.1_FV CRFST t AN11_Sf APE, INC. CONTRACM BY AU This list ry notpc e. ;racto to mple 1 ,ED REPRESENT TTV id agrees to comp to istive, and the Work in accoi DATE correct the items on TE The Owner accepts the project or specified area of the projecfas substantially complete and will assume full possession o=the project or specified area of the project at 100 P.M.(time), on June 5 199 s (date). The responsibility for heat, utilities, security, and insurance under the contract docu s ]l be as set forth under "Remarks" below., 9 CIM OF HUN'TINGTON DrAC11 OWNER BY A TE REMARKS: (Attach additional sheet, if necessary) Owner to pay heat and utilities, Contractor to provide security for remobilzation work and insurance for punch list and remobilzation work, 32 042 PIER PLAZA HUNTINGTON BEACH CALIFORNIA P A C I F I C 1111 II � 40 Iflf#Ilrlrll11111III�rfr1}I!IlIIIII kill k i k kk lkttk Inllllrl}Irflrlrrfrl lI �y41��. Ilklkl klkl IIIiIU rlllrllll!IItIIIHIrIlIIII ��f`��.__�-. COAST HIGHWAY CC-1029 EXHIBIT 'A' .11LIJ .1�t4tt44tk , LL �� i !I III I I r Ps eject Area not included in substantial completion r_lef ertlP1`IMIMIM=RPRinle- ""— STATE OF CALIFORNIA ) County of Orange ) ss: - - --- — -- - - - J - - City of Huntington Beach ) 1, CONNIE BROCKWAY, the duty elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF SUBSTANTIAL COMPLETION is true and correct, and that said NOTICE OF. SUBSTANTIAL COMPLETION was duly and regularly ordered to be recorded in the Office of the _ �a County Recorder of Orange County by said City Council. ' Dated at Huntington Beach, California, this 21st day of July, 1998. City Clerk and ex-officiar Clerk of the City Council of &'City' : ofHuntington Beach,'0-415irnta G/followup'ccnoc Cro (! q)iNAh4JL� C4E��t�jL'CO: Recorded in the County of Orange, California N Ac�i Gary L. Granville. Clerk/Recorder jj## j j j t uj CITY OF Ce�ONB�El�.;�,i,,l1,t.ti�,.,��t.�;:�,.afi..� fio Fee P- O. o 19980516747 09:02a, 08/i o/98 P.O`B'ton9Zb48 005 7014150 07 12 1iufiiu r s BeBcach, CIS 4 6.00 9.00 0.00 0.00 0.00 0.00 W. . carer Foe./Y1E� .CERTIFICATE OF SUBSTANTIAL COMPLETION TO: City of Huntin on Beach OWNER DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE Pier Plaza June S 1998 PROJECT NO. 1029 PROJECT OR SPECIFIED PART SHALL INCLUDE: See Exhibit "A" Attached LOCATION:_ Pacific Coast Hielnvav at Main Street OWNER: City of Huntington Beach _ CONTRACTOR: Valley Crest Landscape, Inc. CONTRACTOR FOR: Pier Plaza Proieet CONTRACT DATE: April 14 997 The work performed under this contract has been inspected by authorized representatives of the Owner, Contractor, and Engineer -Architect, and the Project (or specified part of the Project, as indicated above) is hereby declared to be substantially completed on the above date. 7 :. DEFINITION OF StlBSTa►VnAt.C'O%IPLETfd)Y""°- Tbe'date-of substantial completion of a project or specified area of a project is the date when the coastructiott suff+clently completed; iii accordance,with the contract ; } documents, as inadified by any change orders agreed to b�_':.- the parties; so that the Owner can occupy or utilize the ..>.:. project or specified area of the project for the use for' hich it was intended A tentative list of items to be completed or corrected is appenc failure to include an intern on it does not alter the responsibility with the contract documents. CONCEPT AI#RINF, fN'C. CONSTRUCTION MANGER The Contractor accepts the above Certificate of Substantial the tentative list within the time indicated. VAI.ITY CREST [.ANMCAPE. IN('I CONTRACTOR 100 The Owner accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 2:04 P.1 I time), on June S. 199 " {date). The responsibility for heat, utilities, security, and insurance under the contract docur 4 s II be as set forth under "Remarks" below. _ _ CCTV OF [It1TINGTON BEACH OWNER BY ATiVE REMARKS: (Attach additional sheet, if necessary) Owner to pay heat and utilities, Contractor to provide security for remobilzation work and insurance for punch list and remobilzation work. 32042 hn.ieir.niil.il...l. PIER PLAZA HUNTINGTON BEACH CALIFORNIA c P A C I F I C IIlI! lllsll n n !Isllllsfsfs sstsll sfIIIlHlIIIflIIIIIIIIIIn aIIIIIIII, C 0 A 8 7 01GV1WAV CC-1020 EXHIBIT 'A' MProject Area not included in substantial completion •,. OVCAalCC1GZ9\ DWG STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California da hereby certify under penalty of perjury, that the foregoing NOTICE OF SUBSTANTIAL COMPLETION is true and correct, and that said NOTICE OF SUBSTANTIAL COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 21st day of July,1998. City Clerk and ex-offcio Clerk 7� of the City Council of the City of Huntington Beach, California G/followup/ccnoc DECLARATION OF SATISFACTION OF CLAIMS I, CFiARLES W. DEGAMQ , state: I. I am the general contractor for the City of Huntington Beach, as to the project more ful y described in the public corks contract entitled PIER PLAZA IMPROVEMENT PROJECT ?-id dated APRIL 14, 1997 2. All workers wid persons employed, all firris suppling materials, and all subcontractors- for the above -mentioned project have been paid :r. fL,11. 3. The following are either disputed clairns, or items In connection with Notices to Withl-.0d, which have been filed under the provisions of the =totes of the State of California: (if none., state "NONE') I declare under penalty of perjury that the foregoing is true and correct. Executed at SANTA kA, CA on this I 3TH day of OCTOBER _ , 199;8 (Signature of Contractor) 2-cecuhc:12 7n 7CM+J C%WI •►T1on-1 QL1 C/f T_AIC_1.T! O*•CT CCCT -CaC IU2 City of Huntington Beach Department of Public Works Post Office 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 1029 Project No. PIER PLAZA, HUNTINGTON BEACH Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmcn 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 perfonned by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program proxisions applicable to the wage rate paid. I t rWR4= Simiat re and Title MATILDE L. LAVENAW, OFFICE MANAGER g cc cashcon I I have received Maintenance Bond No. 2056-92-056565, Wausau Insurance Companies, for Valley Crest landscape Inc. Re: CC-1029 —Valley Crest landscape Inc. for Construction Contract for the Pier Plaza Project. Dated: By: ?• J Any cdrrespondence In relation to this bond should be directed to: Bo%ri DErr WAUSAU INSURANCE COMPANIES PO E13X S017 WAVSAU W1 54402-8017 1-0)435-4401 Wausau Insurance Companies Bond No. 2056-92-056565 Executed in Two (2) Counterparts Premium included in Performance Bond Maintenance Bond KNOW ALL MEN BY THESE PRESENTS: That. we, _ Valley Crest Landscane, Inc. 1920 South Yale St., Santa Ana CA 92704 as Principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation organized under the laws of the Statc of Wisconsin, and authorized to do a surety business in the State of California _ . as Surety, are held and firmly bound unto City of Huntin on Beach in the sum of Four Million Eight Hundred Seventy Five Thousand and NoI100 Dollars ($4.875.000.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we'bind ours,lves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this June 2 1997 WH1iREAS, on the _ _ _ . the said Valley Crest Landscape. Inc. as contractor, entered into a contract for Demolition and Complete Renovation of Huntington Beach Pier Plaza for tf.e sum of ,Four Million Eight Hundred Seventy Five Thousand and Noll00 ,Dollars ($4.875.000.00); and WU'REAS, under the terms of the specifications for said work, the said Valley Crest Landscape, Inc. is required to give a bond for _ _ Four Million Eight Hundred Seventy Five Thousand and No/100 Dollars ($4,875,000.00 ), to protect the City of Huntington Beach _ against the result of faulty materials or workmanship for a period of one year from and after the date of completion and acceptance of same. NOW, THEREFORE, if said _ Valley Crest Landscape. Inc. _ shall for a period of one year from and after the date of completion and acceptance of same by said City of Huntington Beach replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. CITY 3y . D� r; C - Ittorney (Seal) Charles w, de Garrno, Vice President EMPLOYERS INSURANCE OF WAUSAU A Mutual Company 5urety (Seal) By C.K. Nakamura (Attomey-in-Fact) SCO020 11-93 r [CIALI FOR N 1A'AW7'.P.0 RPO-S E.�--AC KN OWLE 0,G M E NT Stat s of California Cot my of Orange On JUNE 05,1997 before me, Matilde L Lavenant, Nota�y Public, pert.;onally appeared Charles W. de Garmo, Vice President _ 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 hetshe/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. IF �; l�tATILDE L. LAVENAHT COMM. #1017248 NOtu�yepltubltt • Californts ORANGE COUNTY C LMY Comm. Exp. Oct 17, 1997 r� r CALIFORNIA}ALL P:URR..OS� ACK IOWLtDGMENT. State of California County of Los Angeles 4n June 2, 1997 before me, Harriet Lambell.-Notary Public, personally appeared C.K. Nakamura 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 helshelthey executed the same In his/her/their authorized capacity(ies), and that by hislherltheir 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. ca wrftoon f IMM6 `A ! otay Rffa — ccf aia MW30.2= Harriet Lambell Z 0 w C Z 4 h- 0 Z N Lu O F- Z ul w C r 'A t— } ul Z M 0 < tL 0 t* a O .=t N O Z to a r•' NO. 220-106- 00064 EMROYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A 1lfutuat Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau. County of Marathon, State of Wisconsin, has made. constituted and appointed, and does by these presents make, constitute and appoint _ E. S. Albrecht, Jr., C. K. Vakamura, Daniel Ortiz, Kathy Calvert, Harriet Lambell,. Lisa L. Thornton, Tracy Aston its true and lawful attorneyin•fact, with full power and authority hereby conferred in its name, place and stead. to execute. seal, acknowledge and deliver ANY OR ALL BONDS. UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF not to exceed the penal sum of ten million dollars ($10,000, 0 u to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. This power of attorney is gran ted pursuant to the fallowing resolution adopted by the Board of Directors ofsaid Company a t a meeting duly called and held an the IAth day of May. 1973, which resolution is still in effect: "RESOLVED. that the President and any Vice President — elective or appointive --of EMPLOYERS INSURANCE OF WAUSAU A Mutuat Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be - and that each or any of them hereby is. authorized to attest the execution of any such power of attorney, and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Matual Company." "FURTH ER REgOLVF.D, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A btutual Company maybe affixed to any such power ofattorney or to any certificate relating thereto by facsimile. and nny touch powerof attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when soaffixed and in the future with respect to any hand, undertaking or contract of suretyship to which it is attached:' IN WITNP• ,.q W HFRF0F. FIitP1.OYFRS INSURANCF. OF WAUSAU A Mutual Company has caused these presents tobe signed by the vice prsident and attested by its assistant secretary, and its corporate seal to be hereto affixed this l s t day of April 19 97 ,•-= EMPLOYERS INSURANCE OF WAUSAU A Mutual Company U_Eik"' � By J Stephen Ryan Attest: R. J. B steman Assistant Secretary STATE OF WISCONSIN ) ss. COUNTY OF MARATHON 1 via Fresident On this 1 S t , day of A r 1 19 77 berore me person&Uy came _ L Stephen Ryan _ to me Flown, who being by the duly sworn, did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany. the corporation described to and which executed the above Instrument: that he knows the seal of said corporaaom that the seal a.'fixed to said Instrument is such corporate seal and that it was so &Mxed by order of the Board of Directors of said corporation and that be signed his name thereto by like order. IN 1ti'ITSENS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above written Patricia A. Herdins Notary Public NOTARY PUBLIC STATE: OF 1ti'ItiC(l\5lN t STATE OF i�'i'ISCONSIN MY CONINUSSION EXPIRES MAY 24,1993 CITY OF WAUSAU I rss- CERTIFICATE COUNTY OF MARATHON I' I. the undersigned. assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation. do hereby certify that the forettoing and attached power of attorney. WHICH MUST CONTAIN A VALIDATING STATFA ENT PRINTF,I) IN THE MARGIN THEREOF IN RED INK."remains in full force and has not been revoked; and furthermore that the resolution of the Roard of I }irectors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau Marathnn County. State of Wisconsin. this 2nd day of June �. 19 97 f ' SEAL R. J. Besteman Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS RF.GARUI`G THE VALIDITY OR WORDING OF THIS POWER OF ATT0R%FY. CA1.t. TOI.I. FRFF: (RM4 82t;4MI. t IN «tSC'fINSIN, CALL (tuxtl �7'L (xld l 1. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK July 21, 1998 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a Substantial Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Substantial Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Y Connie Brockway City Clerk CBljc Enclosure: Substantial Notice of Completion - CC-1029 - Valley Crest Landscape, Inc. (Telephone: 714-536-5227 ) PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) 1 am a Citizen of the United States and a resident of the County aforesaid; I am c;ver the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed. ar)d _published in' 'the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of% February 6, 1997 February 13, 1997 February 20, 1997 I declare, under penalty _of perjury, __that thE foregoing is true and correct. Executed on February 20, 199 7 at Costa Mesa, California. p Signature- nature - I . POW NO'nClt I t a srA= 5= for ner "Mul � FWtD �...ttttt sa..ts Moilca a Hereby Sr,rerr . ghat erdW We WW bu re. XPftvd by ttte Wtj of Jim. I �nptorr 6e�A at vie 01" at �►s Cat Clerk al CNy hfaN, 20o0vQ MWn ftpet, �Iurbrt�to„ tt&A Got +Wa rwMN tha hau Of A.-00 DIM on .VWr»sdaSr, Morch 12. ' 1997, at Wipch time side VA be Opened p # kH and rend Wand >n trie :ouneB C#mnbatt W tte for PWn Pr,*Kl lowed n tt+e CRY of ftunttnprJr, A set of pone. epPwWa. lone, and corxrw docu. n.r+ls rtuy be otedr►od 0, 1 at 4+ei,, pay irtmer+E of Pon -r.atApr -rr8 ti0% ah,ndebre Me or $t5o.v��. p�ckad up or i180.00 N ! gel. wee to rta�tled. Each► bil *No be mule a For.,, Wild Pr opa l FoWild t the nWWW pro%ided h to oaeaaet domrTwKe, . nd WW be accampaMed �y a 00~ Cr Ca.itlet'a It+dt or a bid bond for no: . Pee than 10% Of the mount oI the bra, male syeble to the City of <h r4MOn beech. i1;. Caxrn w0v ". in ate per. xntanaa or the Mora and nproterurt car wm to . +. tabor cod* of d,e wta of Califomla and they Sawa d trio stab ai ,atttornts sppllcabte : onto, WRh the exoepe+on + My of atilt volOona that my be ngttked ender the peew *am purawt to Pf9ch pi acectino reiail' w are Wien end %OiW aVe n^ot�b`een s�+�erawsded abor �• PrafMltlOe iQ Ibar chaff be Ginn only In rrterr 0 W proWd-W by Prod tadeee A to made an a WM hrrriet+ed by the Cuyr if he pMwlelelorn of the pro- = WOd "1� t be 16 + er, and eke pr4q%"& kid as roqL**d The C un�ca of n» i ;f o< eeerm IM ligm to re0a Iny o► am NMI by order d"City Courr 3I at the Ot tite d �, it 0CWW. I oft ConWe Brockway, ft CWt;P Oeba of the � � Swim , main street, HOW Ington Beach, CA bd Hunth%glon Feutfory B. M I NOTICE I`'VITING SEALED BIDS [or CC-1029 ,P,,4 ly ? 16r 97 .� j,3r47 4. 4 f.Doh7 Fad -21,319 6 Pier Plaza Coastal Side of PCH from First to Seventh Streets Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Nfain Street, Huntington Beach, California, until the hour of 4:00 PINT on Wednesday, INTirch 12, 1997, at which time bids will be opened publicly and read aloud in the Council Chambers for the Pier Plaza Project located in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting ]Monday, February 10, 1997 at City Hall, Department of Public Works upon receipt of a non-refundable fee of S150.00, if picked up or $180.00 if mailed, sales tax included. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount -,of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 21 st of October_ 1996. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 0020699.01 NOTICE INVITING SEALED BIDS for CC-1029 Pier Plaza Coastal Side of PCH from First to Seventh Streets Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 4:00 PN1 on Wcdnesday, March 12, 1997, at which time bids will be opened publicly and read aloud in the Council Chambers for the Pier Plaza Project located in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting 51onda3, February 10, 1997 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $150.00, if picked up or $180.00 if mailed, sales tax included. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 21 st of October, 1996. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 0020699.01 on gatzdu ?IGr 47 .?/,3J?7 + .7)ao147 Fad -21319k-r NOTICE INVITING SEALED BIDS _M"n 216A7 for CC-1029 Pier Plaza Coastal Side of PCH from First to Seventh Streets Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 4:00 P1%1 on Wednesday, Alarch 12, 1997, at which time bids will be opened publicly and read aloud in the Council Chambers for the Pier Plaza Project located in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting Alonday, February 10, 1997 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $150.00, if picked up or $180.00 if mailed, sales tax included. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount,�of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 21 st of October. 1996. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 0020699.01 NOTICE INVITING SEALED BIDS for CC-l029 Pier Plaza Coastal Side of PCH from First to Seventh Streets Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hail, 2000 plain Street, Huntington Beach, California, until the hour of 4:00 P11 on Wednesday, March 12, 1997, at which time bids will be opened publicly and read aloud in the Council Chambers for the Pier Plaza Project located in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting Monday, February 10, 1997 at City Hall, Department of Public Works upon receipt of a non-refundable fee of S150.00, if picked up or $180.00 if mailed, sales tax included. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 21 st of October_ 1996. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 0020699.01 Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: October 21, 1996 Department ID Number: PW 96-059 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr or PREPARED BY: LES M. JONES 11, Director of Public Works RON HAGAN, Director of Community Service SUBJECT: PIER PLAZA PROJECT, CC-1029, REJECTION OF ALL BIDS AND PERMISSION TO READVERTISE Statement of Issue, Funding Source, Recommended Action. Alternative Action(s), Analysis. Environmental Status. Attachments) Statement of Issue: Should the city reject all five bids received for the Pier Plaza project; CC-1029, and readvertise an amended bid? Funding Source: Refer to City of Huntington Beach Request for Council Action, dated August 5, 1996 - "Permission to Solicit Bids for Pier Plaza Project.' Recommended Actions: 1. Reject all five bids submitted for the construction of the Pier Plaza Improvements; CC- 1029, and direct the City Clerk to return all bid bonds; and 2. Authorize the Director of Public Works to re -advertise for bids with a refined bid package including a 180 working day project schedule for the construction of Pier Plaza project. Alternative Action: Award the bid as is to the lowest, qualified bidder. Analysis: Bids received on September 24, 1996 are listed below, together with the engineer's estimate: Bidder's Name 130 Working Days 150 WorkiIDLa 180 Workin Da s Engineer's Estimate$4,100,000 Valley Crest Landscaping* S4,580,000 $4 $4,430,000 Roman E.C.D., Inc. $5,490.000 $5 $5,090,000 S.J. Amoroso Constr. Co. $5,423,000 $5,273,000 $5,273,000 Pinner Construction Co., Inc. $5,460.000 $5,383,000 $5,383.000 Hillcrest Contracting $6,154,609 $6,094,609 $5,964,609 *Valley Crest made a major error on its bid and it is not a valid bid. 0020731.01 10109196 10:51 l REQUEST FOR COUNCIL ACTION MEETING DATE: October 21, 1996 DEPARTMENT ID NUMBER: PW 96-059 The above noted bids submitted to construct the Pier Plaza project are over the engineer's estimate. During the bid process, staff had bidders submit proposals for three scenarios: a 130 day working schedule; a 150 day working schedule;. and, a 180 working day schedule. It was staffs intention to compare the accelerated schedule to try and complete the project prior to summer, 1997. However, staff learned during the bid process that the project cannot be completed in 130 or 150 days and that bidders included the cost of liquidated damages and planned to do the construction schedule in 180 working days. Thus, the bids were considerably higher than anticipated. In addition, staff has made several amendments to the bid document; for example, defining the requirement for maintaining public access to the pier during the construction period; changing some unit costs to lump sum bids to avoid potential change orders; including deductive alternates such as the sand wall; art element amphitheater; and, changing from mortar to split face block on retaining walls. Staff has also had the consultant change the landscaping and irrigation plans for the parkway area fronting Pacific Coast Highway to provide easier maintenance and better aesthetics. Given all of the above changes in the bid package and the bids being over the engineer's estimate, staff is recommending that Council reject the five bids received and authorize staff to readvertise the amended bid package. Staff will return to Council when the city has gained possession of the site, the revised bids have been received, and the fnal financial package has been developed. Environmental Status: Previously approved in August, 1994 as part of the Coastal Development Permit process. Staff has applied for an extension of the CDP. Attachment(s): Revised Engineer's Estimate. Revised Engineers Estimate bMJ:REE:DK:RH:cr 0020731.01 -2- 10/09/96 10:50 AM t ATTACHMENT 1 3 (1019517,01 Y r purkisserose _ '/ SI October 15, 1996 Mr. Ron Hagan Director of Community Services Department City of Hunthigton Beach 2000 Main Street I3untington Beach, California.'. Re: Revised Construction Cost Estimate Summary for the Pier Plaza project. This construction cost estimate summary for the Pier Plaza is being written in response to the City's request for Purkiss Rose-RSI to review and revise the project'sinal Preliminary Construction Cost Estimate dated March 29.1996. Purliss Rose -BSI's last construction cost estimate for the project was $4.031,885.88 (subtotal). With contingencies, supplementals, administrative and management costs, the total was $4,898,117.35. However, this total did not include construction staking, sand walls and parking lot ticket machines which totalcd an additional S397,500.00. These items were noted as options on the latest construction cost estimate. If the options were added to the subtotal, the cost would be S41429,385.88. with the contingencies, supplementals, administrative and management costs, the total cost would come to $5,4491,84.4.21. The contractors bids were between $4,470,132.26 and $5,967,914.05 for the 180 working day construction period. The project's construction management consultant, Concept Marine, has reviewed the contractors bids and prepared a spread sheet indicating the bidders costs in relation to Purklss Rose-RSTs March 29th construction cost estimate. Our office has reviewed Concept Marine's summary. We have (revised our construction cost estimate to indicate the general bid items using an average of the three middle bidders costs. We have eliminated the high and low bids from this sununary estimate. The following is our revised cost estimate summary: 1. Mobilization ............................. $118,434.00 2. Earthwork and Grading ...................... $212,980.00 3. Dcmolition .................... .; ....... . $2481110.00 Y. Drainage .............................. S108,790.00 5. Concrete paving .............. `............. $603,260.00 6. Masonry .............................. s1,061,720.00 7. Parking Lot .............................. $256,464.00 8. Fencing and Raiiino ......................... $364.832.00 J 1 andacape ArChIIcClluo Rrr+raGun a k,3 Palk Ylarinlnit i 11 In,fh Ifml,01 itouk%ZZuJ ML {7141 071.1 )OR t, lac 1371 0LIFt ' 1k Page 2 9. Site Amenities ............................ $1091068.00 10. Buildings and Structures ...................... S283,4b2.00 11. Electriezi .............................. $778,905.00 12. Sewer Improvements .......................... $9090.00 13. Water Improvements ........................ $133,664,00 14. Landscape and Irrigation ..................... $333,606.00 15. Sand Walls .............................. $227,225.00 Subtotal ................... $4,849,610.00 10 o Contingency .............. 5484,961.00 Subtotal ................... S5,334,571.00 Supplemental Expenditures ........ $590,225.00 Cons ruction Afanagement ......... $331,775.00 Total ..................... $6,256,571.00 To summarize, the revised construction cost estimate amount indicated is an average of the three middle bidders construction costs and does not rellect the low and high bidder costs. Pur,Fiss Rose-RSI is available to answer any questions or concerns regarding the revised Construction Cost Estimate Summary for the Pier Plaza. Sincerely, C 4 i J�t, iC1ce1 ;. iacipal cc Mr. Jim Engle City of Huntington Beach cc Mr. Doug Stack City of Huntington Bc,ach 5 CITY OF HUNTINGTON BEACH MEETING DATE: July 20,1998 DEPARTMENT ID NUMBER: PW 98-059 Council/Agency Meeting Held:_ 17/a o L-7 r , Deferred/Continued to: f�App oved U Conditionally Approved ❑ Denied p City Clerk's Signature Council Meeting Date: July 20, 1998 Department ID Number. PW 98-059 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL/PARKING AUTHORITY r SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS w SUBMITTED BY: RAY SILVER, City Administrato C:) PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Wor A r, SUBJECT: Approve the Pier Plaza Improvements Project; CC 1029, and File— v Notice of Substantial Completion CD Statement of Issue, funding Source, Recorrvnended Action, Alternative Action(sl, Analysis, Environmental Status, Attac Statement of Issue: Valley Crest Landscape, Inc., has substantially completed the contract for the construction of the Pier Plaza Project; CC 1029. Funding Source: New revenue bonds, unused COP funds, park bond funds, Parking Authority funds, and a loan from the Pier Fund to be reimbursed from the American Oil Trader litigation proceeds, were authorized for this project. Recommended Action: Motion To: 1. Accept the completed improvements of the Pier Plaza Project; CC 1029, at a cost of $5,098,013.05 and authorize the City Clerk to file a Notice of Substantial Completion with the County Recorder's Office. 2. Accept the completed improvements of the mural and amphitheater, installed by Terry Schoonhoven and Lloyd Hamrol, respectively, and in accordance with the contract documents for such work. 00"" 003190T.01 -2- 0710619811:4 AM REQUEST FOR COUNCIL ACTION MEETING DATE: July 20,1998 DEPARTMENT ID NUMBER: PW 98-059 Altemative Action(s): None. Analysis: On April 14, 1997, Council awarded a contract to Valley Crest Landscape, Inc., to construct the Pier Plaza Project; CC 1029, in the amount of $4,875,000. The adopted contract budget also included $487,500 to cover anticipated change orders and $587,020 for supplemental expenses, for a total project budget of $5,949,520. The Pier Plaza Project improvements are now substantially complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the completed improvements and requests that the Notice of Substantial Completion be filed by the City Clerk. The following is a summary of the project costs: 1. Contract Amount: 2. Change orders: Subtotal: Council Approved Expenditures to Date Project Final Costs $4,875,000.00 487,500.00 $5,362,500.00 $4,845,000.00 253,013.05 $5,098,013.05 $4,875,00.00 $312,000.00 $ 5,187, 000.00 Council Approved Expenditures to Date Project Final Costs 1. Supplemental Expenses: $442,540.00 $441,803.86 $442,540.00 2. Tile Mural: 40,000.00 36,000.00 $40,000.00 3. Stone Amphitheater: 229,480.00 206,532.00 $206,532.00 Total: $712,020.00 $684,335.86 $712,020.00 Twenty-eight change orders were issued for this project. Refer to Attachment 1 for a detailed listing of these change orders. Refer to Attachment 2 for a detailed listing of supplemental expenditures for this project Change order work at the direction of the city for "betterment" of the project and changes due to differing site conditions and contract plan discrepancies amounted to approximately $160,000 (3.3% of the original contract price). The balance of the above projected change order costs deal with changes to the approved Pier Plaza project plans to accommodate the new Duke's Surf City Restaurant and modifications to Southern California Edison utility connections. The new Duke's Surf City Restaurant was still in the conceptual stage and was not approved by the Building Division when the Pier Plaza project broke ground. Changes to the project plans to meet the new restaurant design included modifications to the grand 0031907.01 -3- 07108l98 8:46 AM REQUEST FOR COUNCIL ACTION MEETING DATE: July 20,1998 DEPARTMENT ID NUMBER: PW 98-059 stairs footings, south parking lot curved stair walls and remobilization work due to conflicts with ongoing work by R.D. Olsen, the contractor for the new restaurant. Exhibit "A" of the Notice of Substantial Completion outlines areas that require Valley Crest Landscape to complete, after the new Duke's Surf City Restaurant is near completion and is part of the remobilization work. The remobilization for the balance of the Pier Plaza Project should occur the last week in July 1998, and construction is expected to last four to five weeks. The purpose for filing a Notice of Substantial Completion allows the completed work to be recorded and will start the legal notice requirements for any sub -contractor or supplier of materials for the completed work to take appropriate action should Valley Crest Landscape fail to pay their bills. Environmental Status: Not applicable. Attachment(s): 1 Listing of Project Change Orders 2 Listing of Project Supplemental Expenditures 3 Notice of Substantial Completion Author: Eric Charlonne 0031907.01 -4- 07/08/98 8:46 AM ATTAC M N 1 0019517.01 POTENTIAL CHANGES TO THE WORK Report Date: June 29,1998 Status: Project Title_ _Huntington Beach Pies Plaza Improvements A - CO Request Approved A - Arlrlarl Crnna ('Lent: r ihi of W p Pri,- 1 hnrinnno n _ r _n Gana Iact r)n1M&A f C - Change in scope Contractor: Valley Crest, Mike Sabzerou I - CO Request In Process Shaded - Disputed COR CO Request Inc/Dec Inc/Dec % of No T Or' inator Description Approved CO Cast Days Base REMARKS . Status I !Owner _ - Estimate No. 2 1 A Provide Temporary Stairs From Pier 07/03197 1 $8,563A0 Owner A raved/C0#1 A Estimate No.1 2 A Owner Abatement at Sunnys & Restroom 07/03/97 2 $4.185.00 0 Owner Approved/CO#2 A Estimate No. 3 3 A JValle Crest Reimburse for Plan Copy Cost 07/03/97 2 $929.00 0 Owner A roved/CO#2 A Estimate No. 4 4 A Valley Crest Increase Permit Fee Allowance 07/10/97 3 1 $2,032.67 0 Owner Approved/CO#3 A Estimate No. 6 5 A Owner Abandon 8 Cap Water Line, South Lot 08/13/97 6 1 $3,017.38 0 OwnerApproved/CO#6 A Estimate No. 11 6 A lValley Crest Reimburse For Gas Line Repair 08/18/97 9 1 $216.65 0 Owner roved/CO#9 A Estimate No. 5 7 A Owner Relocate Surplus Palm Trees (VOID) Owner to Relocate Palms D Estimate No. 10 8 A Owner Slurry Fill Abandoned S.D. Manhole 07/31/97 4 $574.90 0 Owner A roved/CO#4 A Estimate No. 14B 9 A Owner Relocate Gas Line to Dwi ht's 09/23/97 7 1 0 Owner A roved/CO#7 A Estimate No. 7 10 A Valley Crest Remove Exterior Shower near Maxwell's 08/01/97 4 $222.20 0 Owner Approved/CO#4 A Estimate No. 9 11 A Valley Crest Provide Propane Gas Service to Dwi ht's 08/06/97 5 $2,095.74 3 Owner A roved/CO#5 A Estimate No. 8 12 C Owner Revise Lockset at Restrooms 08/13/97 6 $485.50 0 Owner Ap roved/CO#6 A Estimate No.13 13 C Owner Revise Water Line in South Lot Estimate No.14B 09/23/97 7 0 Owner Approved/CO#7 A 14 A Owner Relocate Irrigation Main/Valve at First Street 0923197 7 0 Owner A roved/CO#7 A Estimate No. 148 15 C Owner Revise MEP Drawing #12 827/97 Estimate No.14B 0923197 7 1$79,741.61 7 Owner Approved/CO#7 A 16 A Owner Cap Sewer Lines at Maxwell's 0923197 7 0 Owner Apprnvpd/CO#7 A POTENTIAL CHANGES TO THE WORK Project Title: Huntington Beach Pier Plaza Improvements Report Date. June 29, 1998 Status: 1A - CO Request Approved M - P%UUCU Q6UPV %iIIUI1L. L,iILr tJl f7A., GI14i VIId11U111iEi 'L/ - VV L1C4UGCL L UMMU +� C - Change in scope Contractor: Valley Crest, Mike Sabzerou I - CO Request In Process Shaded - Disputed COR CO Request Inc/Dec Inc/Dec % of No T pe Originator Descri n_ _._. Approved CO Cost Days.. Base REMARKS _ _ _ Status _ _ __._._..___ _ Estimate No.-43A 17 A Owner A.D.A. Titre 24 Clarifications 01127M 17 $1.581.79 0 Owner A provedlCO#17 A 18 C Valley Crest Remove Encasement from Water Main 0923/97 7 0 Owner Approved/CO#7 A Estimate No. 17 19 C Valley Crest Revise PIP Walls to CMU 10/02/97 8 ($15,000.00 0 Owner Approved/CO#8 No Additional Cost per A Estimate No. 20B 20 A Owner Additional S.D. Lines & POC's (Rev.1 Plans) Estimate No.19 (VOID) $0.00 0 CMA letter 3/14/98 D 21 1 C JOwner Reverse Tap Hydrant @ Sixth Street 10/02/97 9 $1,527.62 $0.00 0 0 Owner Approved/CO#9 A 22 1 C Owner Reverse Footing Detail at Wingwalls 10/07/97 Owner Approved No Cost/Credit A 23 1 C Owner Remove/Replace Chain Unk Fence @ North P(VOID) Additional Fence not Required D 1 JOwner Estimate No. 33 24 C Credit for Main Water Meter 12/08/97 14 $6,370.83 0 Owner Approved./CO #14 A Estimate No. 18 25 A Valley Crest Weather Related Contract Day Extension 10/03/97 10 $0.00 1 Owner Approved/CO #10 A 1 Estimate No. 15 26 C Owner Provide Concrete Base Drinking Fountains 1023/97 11 $1,003.16 0 Owner Approved/CO #11 A Estimate No. 22B 27 C Owner Revise FootinR at Dwi ht's for Palm Trees 12/22/97 13 $2,893.63 0 Owner Approved/CO #13 A Estimate No. 21A 28 C Owner Provide Revised Siding at Kiosk 11/04/97 11 $2,749.07 1 0 Owner Approved/CO #11 A 29 C Owner Revise Seatin at Amphitheater for H.C.__(VOID)_$0.00 0 No Additional Cost D Estimate No. 25 30 A Owner Provide Parking Pay Station Bollards 12/08/97 14 $1,829.09 0 OwnerApproved/CO #14 A Estrnate No. 32 I jOwnerT I 1 113 1$10,443.75 1 1 j 31 C Revise Stairwall Ftg. for Duke's Elevator 1121/97 1 -Owner Approved/CO #13 POTENTIAL CHANGES TO THE WORK Report Date: June29,1998 Status: Project Title: Huntington Beach Pier Plaza Improvements _ !A - CO Request Approved _ A - Added Scope Cliety o nt: Cif H.B., Eric Charlonne _ D - CO Request Deleted ' C - Change in scope Contractor: Valley Crest, Mike Sabzerou R I - CO Request In Process Shaded - Disputed rCOR _ CO Request Inc/Dec Inc/Dec % of No Type Originator _ _ _ _ . _ _ Approved., C_ O Cost Days Base REMARKS -Status _ _Description Estimate No. 34A Disputed Portion of Costs Ofi/11 /93 27 $4784.70 0 Settlement Amt.112 of Dispute A 32 C Valley Crest Added costs for Terrazzo Precast at Dedication 01/27/98 1 19$5.569.40710 Owner Approved 12/CO#19 A Estimate No. 23 See Estimate No. 80 33 1 C Owner Revise Stairwall Details at Pier (VOID) $0.00 0 VOID D Estimate No. 24 34 C Owner Provide Pot carbonate Light Lenses(VOID) $0.00 Valle Crest to Install per Plans D Estimate No. 26 35 A Valley Crest Weather Related Day Extension 11/10/97 11/17/97 12 $0.00 1 Owner Approved/CO #12 A Estimate No. 27 36 1 A lValley Crest Holiday Day Extension (11/11197) (VOID) 0 Unapproved -Holiday in Contract D Estimate No. 28 37 1 C Owner Revise Light Pole Base at ends of Seatwall 11/17/97 12 $972.36 01 Owner Approved/CO #12 A Estimate No. 29C 38 1 C Owner Revise Light Pole Footings 12/22/97 13 $27,541.29 5 Owner Approved./CO #13 A Estimate No. 30 39 A Valley Crest Weather Related Day Extension 11/1319! 11/17/97 12 1 $0.00 1 Owner Approved/CO #12 A Estimate No. 31 40 A Valley Crest Weather Relate Day Extension (11/14/97) 11117/97 12 $0.00 1 1 Owner Approved/CO #12 A Estimate No. 35 41 A lValley Crest Weather Related Day Extension (1126197) 12/08/97 14 $0.00 1 Owner Approved/CO #14 A Estimate No. 36 42 A lVaileyCrest Weather Related Day Extension Q2/01/97 12/08/97 14 1 $0.00 1 1 Owner Approved/CO #14 A Estimate No. 37 43 A Owner Add 2 Pull Boxes on Customer Edison Service 12/22/97 14 $2,958.08 0 Owner Approved/CO #14 A Estimate No. 38 44 A Valley Crest 1 Weather Related Day Extension 12/08/97 1222/97 15 $0.00 1 Owner Approved/CO #15 A Estimate No. 39 jGrace Dayl Will Be Applied to Contract End 45 M Valley Cfesi 4weather Keiated Day txtenslon (12/09/97) 1222197 $0.00 1 Dale A POTENTIAL CHANGES TO THE WORK Report Date: June 29, 1998 Status: Project Title: Huntington Beach Pier Plaza Improvements 'A - CO Request Approved C - 4rtrlart gonna chant- City of 14 R Rrin Charinnna ; r] - M RPnt,PSt ❑eleteri C - Change in scope Contractor: Valley Crest, Mike Sabzerou t - CO Request In Process y _ _ Shaded - Disputed _ COR CO Request Inc/Dec Inc/Dec % of No Type Originator Description Approved CO Cost Base REMARKS Status _ . _- „Days Estimate No. 40 Grace Day Will Be Applied to Contract End 46 I A {Valley Crest Weather Related Day Extension (12/11/97) 1222197 $0.00 1 Date A Estiamte No, 41 47 A Valley Crest Weather Related Day Extension (12/18/97) 12/22/97 15 $0.00 1 Owner Approved/CO #15 A Estimate No. 42 48 A Valle Crest Weather Related Day Extension 12/19/97 12/22/97 15 $0.00 1 1 Owner ApprovedICO #15 A Estimate No. 47 49 C Owner Revise Curved Stair Wall At Duke's 01/21/98 116 $13,447.35 13 Owner roved/CO #16 A Estimate No. 44R 50 A Owner Modify Edison Vault Vents at Kiosk 0327/98 22 $10,954,00 0 Owner Approved/CO #22 A Estimate No. 46 Grace Day Will Be Applied to Contract End 51 1 A JValley Crest Weather Related Day Extension (01/09/98) 0121198 1 $0.00 1 Date A Estimate No. 48 52 A Valley Crest Weather Related Day Extension 01/13/98 0121/98 16 $0.00 1 Owner Approved/CO #16 A Estimate No. 45A 53 A Valley Crest Additional Survey Costs to 11131t97 01121/98 17 $3,105.25 0 Owner roved/CO #17 A Estimate No. 51 54 C Owner Revise Irrigation Controller/Add Sensor Cattle 0127M 18 $1,426.82 0 OwnerApproved/CO#18 A 55 A Owner Revisions Required for Parking Pay Stations (VOID) (VOID) NO Cost D SG C Owner Revise Handicap Parking Stalls & Tree Wells(VOID) (VOID) No Cost D Estimate No. 56 57 A Owner Add Bike Path Concrete Opposite Great Lawn 0220*8 20 $7.780.00 1 Owner A roved/CO#20 A Estimate No. 66A 58 A Owner Revise Granite & Letterin2 a Dedication 03/31/98 23 $13,250.60 0 Owner A roved/CO#23 A Estimate No. 50 50 r; Duui ii4v Ruoff of Concession I utll119d j 11 j $412.18 1 0 i j Owner Approved/CO#1 7 A POTENTIAL CHANGES TO THE WORK Report Date: June 29,1998 Status: Project Title _ Huntington Beach Pier Plaza Improvements _ 'A - CO Request Approved A - Added Scope Client: City of H.B., Eric Char lonne D - CO Request Deleted C - Change in scope Contractor: Valley Crest, Mike Sabzerou II - CO Request In Process _ Shaded - Disputed _ COR CO Request Inc/Dec Inc/Dec % of No Type Originator _Description . _ Approved_CO _ Cost Days Base REMARKS Status _ Estimate No. 52' 60 A Valley Crest Weather Related Day Extension_(01/29198) 02/20/98 120 1 $0.00 i Owner Approved/CO#20 A Estimate No. 53 61 A Valley Crest Weather Related Day Extension (02102/98) 0220/98 20 $0.00 1 Owner Approved/CO#20 A Estimate No. 54 62 A Valley Crest Weather Related Day Extension (02103/98) 0220/98 20 $0.00 1 Owner A oved/CO#20 A Estimate No. 55 63 A Valley Crest Weather Related Day Extension 02104/98 0220198 20 $0.00 1 1 Owner Ap oved/CO#20 A Estimate No. 57 64 A Valley Crest Weather Related Day Extensions 215,2/6,2/9 02/20/98 20 $0.00 3 Owner Approved/CO#20 A Estimate No. 58 65 A Valley Crest Weather Related Day Extension (02/16/98) (VOID) 0 Unapproved -Holiday in Contract D Estimate No. 59 66 A Owner Added Gate Valve in Irrigation System 03/13/98 21 $322.20 0 Owner oved/CO#21 A Estimate No. 60 67 A Valle Crest her Weather Related Day Extension 02/17/98 03/13/98 21 $0.00 1 Owner roved/CO#21 A Estimate No. 61 68 A Valley Crest Added Pull Boxes in CAN System 03/13/98 21 1 $1,916.48 0 Owner Approved/CO#21 A Estimate No. 62A 69 A Owner Add 2" Conduit From Kiosk to Pay Station #2 03/31/98 22 1$5,329.47 0 Owner Approved/CO#22 A Estimate No. 63 70 A tValley Crest Weather Related Day Extension 0220198 03/13/98 21 $0.00 i jOwner A oved/CO#21 A Estimate No, 64 71 A Valle Crest Weather Related Day Extension 0223,24,25 03/13/98 21 $0-00 3 Ownec ApprovedlCO#21 A Estimate No. 65 72 A Valle Crest Weather Related Day Extension 03/06/98 03/13198 21 $0.00 1 Owner A rovedlCO#21 A Estimate No. 67B i 72 A iC:.r�ar 'J FWU1eS iu Two Parking Lignts 1 03/31/98 122 1 $2,518,64 1 0 1 1Owner Approved/CO#22 A POTENTIAL CHANGES TO THE WORK Project Title: Huntington Beach Pier Plaza Improvements Report Date: June 29, 1998 - - Status: A - CO Request Approved rr - rruueu ocvpe Client. miry or H.S., Eric Lnarionne t, - L;u Kequest ueleted C - Change in scope Contractor: Valley Crest, Mike Sabzerou I - CO Request In Process Shaded - Disputed OR CO Request Inc/Dec Inc/Dec % of rNo Type Originator Description Approved CO Cost Days Base REMARKS Status _ _ -1 Estimate No. 68A - - -- - --- - Settlement Amt. Agreed by 74 A Valley Crest Construct PIP Wail @ 1st Street 06/11/98 27 $2,397.05 0 VC and City of HB A 75 A Owner Add Pull Box to GTE Conduit in Entryways 03/31/98 23 $2,077.57 0 Owner Approved/CO#23 A Estimate No. 89 City to Pursue Alternate 76 A Owner Provide Landscape Maintenance 90 day-1 yr.(VOID) $0.00 Maintenance D Estimate No. 73 77 A Valley Crest Remove Existing Fndn. North of Kiosk 04/08/98 24 $1,129.18 0 Owner A roved/CO#24 A See Estimate No. 62A 78 A Owner Add Wiring to Pay Station No. 6 @ Kiosk (VOID) $0.00 Included in Estimate No. 62A D Estimate No. 76 79 C Owner Revise Landscape Irrigation (City of HB) 04/21/98 24 $1,009.37 0 Owner Approved/CO#24 A Delta 14 80 C Owner Revise Irrigation System Duke's Tree Wells(VOID) $0.00 lCity Deleted Work Request V Estimate No. 70 81 1 A Valley Crest Weather Related Day Extension (325, 3/26) 03/31/98 23 $0.00 2 Owner Approved/CO#23 A Estimate No. 71 82 A Owner Provide New Pier Granite Panels-Rov.Coultrip 03/31/98 23 $7,397.04 0 Owner Approved/CO#23 A Estimate No. 72 1 83 A Valley Crest Weather Related day Extension (3131,4/1&42) 04/07/98 24 1 $0.00 2 1 Owner Approved/CO# 24 A Estimate No. 85 1$6,638.64 VC to Sign 84 A Owner Add Bollards in Roadway Life uard Bldg. 06/09/98 25 2 Owner A rovod/CO#25 A Estimate No. 77 85 C Owner Revise Irrigation & Grade qpGreat Lawn 04/21/98 24 1$1,811.05 0 Owner A roved/CO#24 A Estimate No. 75 86 C Owner Revise Irrigation Control Valves 0421198 24 $360.72 0 Owner A roved/CO#24 A Estimate No. 74A VC to Sign n j ., r-• i ., r...- ju�r��c� n _ r _ rr r. • r jr�dwGa�c ru��+Ga+yi�ai cywpmviii c1my L U01Vyibo j 2� j W'Z)Iy." j u j _jGwnerrrpprovearCv#2S POTENTIAL CHANGES TO THE WORK Report Dale: June 29,1998 Status: Project Title_ Huntington Beach Pier Plaza Improvements �A - CO Request Approved "1 117— h - MuWau JL:UFII: LIJVI IL. VILr UP FLO , C11U WidllUf lllu ' U -'. %j r%vquest LJIylUMU � C - Change in scope Contractor: Valley Crest_, Mike Sabzerou I - CO Request In Process _ Shaded - Disputed COR CO Request Inc/Dec Inc/Dec % of No T pe Originator_ Description _ Approved CO Cost Days_._Base _ REMARKS Status _ Estimate No. 78A VC to Sign I lOwner 88 A Owner Additional Pier Stair Rental Costs 06/09/98 25 $1,579.64 0 Approved/C0#25 A Estimate No. 79 Settlement Amt. Agreed by 89 A Valley Crest Add Gate Section CQ Roadway to Bike Path 06/11/98 27 $2,450.77 0 VC and City of HB A Estimate No. 80 No Additional Costs 90 C Owner Construct CMU Wall Below Pier(VOID) $0.00 for Work Perfrorned V Estimate No. 81A VC to Sign 91 1 A Owner Add Two CMU Courses to Sandwalls 06/09/98 25 $12.013.96 2 Owner A roved/CO#25 A Estimate No. 82A VC to Sign 92 A Owner Provide 00-LA-LA Monica Bougainvillea 06/09/98 25 $1,887.97 0 Owner Approved/CO#25 A 1 Estimate No. 83 VC to Sign 93 A Owner Provide SS Angle for Pay Stations (5) 06/09/98 26 $550.90 0 Owner Approved/CO#26 A Estimate No. 84 VC to Sign 94 A Owner Provide Sure bond SB-1300 Sealer 06/09/98 26 $3.888.70 0 Owner A roved/CO#26 A Estimate No. 86 VC to Sign 95 A Valley Crest Weather Related Day Extension 514,515 & 5/6 06109198 26 $0.00 3 Owner A roved/CO#26 A Estimate No. 87 VC to Sign 96 A lValley Crest Weather Related Day Extension 5/12,5113&5/1 M09198 26 $0.00 1 3 Owner Approved/C0#26 A Estimate No. 88A VC to Sign 97 A Valley Crest Propane Service Costs for Dwight's 06/09M 26 $448.06 0 Owner Approved/CO#26 A Estimate No. 91 VC to Sign 98 A Owner Add Three Sewer tine POC's at Duke's 06109198 26 $3,917.05 0 Owner A roved/CO#26 A Estimate No. 90 Settlement Amt. Agreed by 99 C Owner Remob Costs to Defer Work Around Duke's 06111198 127 $47,367A8 0 1 VC and City of HB A Estimate No. 92 VC to Sign 100 C I Owner Add two Boliards at Lifeguard Building 06109/98 26 $1,020.15 0 Owner A roved/CO#26 A Estimate No. 95 VC to Sign i Inv i A iUVr1cr _ jAdJ Full Qufuuy iul Falking systems I Ub/11/9d 127 1 $1,200.00 1 0 1 1Owner Approved/CO#27 l A POTENTIAL CHANGES TO THE WORK Report Date: June 29,1998 Status. Project Title: Huntington Beach Pie_ r Plaza_ Improvements !A - CO Request Approved I A - Added Scope Client: City of H.B., Eric Charlonne _ _ _ _ _ _ D - CO Request Deleted ' C - Change in scope Contractor: Valley Crest, Mike Sabzerou _ - - 1 - CO Request In Process Shaded - Disputed COR �~ CO Request Inc/Dec Inc/Dec % of No_Type Originator Description _Approved CO Cost Days Base _ REMARKS Status Estimate No. 92 Costs Noted in COR 100 11021 A lOwner Seal Granite Floor Tile @Dedication Wall 06/09/9.8 26 (COR 100) Owner Approved/CO#26 A `Estimate No. 93 T39,52B.30 Remains Disputed by CMA & 103 C Valle Crest Dis uted Work at Mural Wall 0 City of HB D No Cost Settlement Agreed by 104 C Owner Misc. Credits for Work not Performed 06/11/98 27 $0,00 0 VC and City of HB A Estimate No. 94 CMA to Issue 105 A Owner Add Isolation Valve for Showers 28 $821.38 0 1 Owner Approved CO A Estimate No. 96 Vto Proceed and Submit 106 A Owner Replace Plants and Irrigation Heads 28 NTE $1,338 0 jFIC nat Costs I Estimate No. 97 VC to Proceed and Submit 1 107 A 10woer Add Two Names to Granite Panels 28 NTE $400 1 0 Final Costs I Total Costs Including Anticipated (NTE) Costs Grace Days 4 Contract Completion Date Total for Estimates Nos. 94, 96 and 97 Total 310,572.43 67 6.31/, W/Grace Da - 06/11/98 ATTACHMENT 2 0019517.01 City of Huntington Beach Pier Plam. Cosh Contract 1029 Suppiernaltal Expanse Rrcord AGCt. N3. E-CL-PC-029-3-90-00 Council Authorized Arrount: $712,020 ile*rl 7dc. `iMldlpsary ::. ` ? Moladd ftc. No of i ottEgoa-- _ t}olldF Asaa ik7fa krmgmt .:AYQWM - 1 V47.1170 00 5 haktl!>*-.I1.Cow. dlarlCa Vueson_. 4 1 iS+a.950 $1.0.07000 2 6nlloe Sdrw - Frowcl 92 w a PeOw, 125M IS4 568.60 I-msol.40 S S1otd OF CONOMo- OFkc Of tM Slot. Arctwldct. har Ch a 40003 ($I-394.00 107.AD d GTE Um v a.,eeahon 40005 1170.AVW $46.5675.40 L iA Fb wh*.p . Ca I-e #lcn Pkn SPh (51 F.. PO 46970 (S 28).90 S465.394.5o a GRAM 6.den ledw L 4a 1- w PPM.t. !,pbO old alien,,'$ AM (S 7605 S464.629-4I 7 Ceud added-1d Ppmwl en" 4=0 {Si14.110 5464.II1A.S I S%ftof Calarnb • OS Pion Ctwck FM nphd,da 40008 {51.3 wsl0 $462.721.95 9 kMtCentrael.11e.Ele+wd 47009 (UM0000d fS29.480.00 S--`33241.95 10 krltiConloel.ndr .S.*xKwk -r 40010 ($40000-00) 3193.241.95 II K_(31." Memoronckon 1$23.00000I S170.2d1.95 13 %*- r . nt 'A0012 M,97 26 S169 944 69 13 'IGrrrwAr.td.rpaaVPew-.d, GwdFoeahr 40013 (S1.7C9-13 $168.21S.S6 14 1•tOn Pd )r�anh . A.6w.tot hbat~ s-.dcm AC0n4 117.535.00 S160 7m_S6 Is :Vr"MdOd..f4Skim Lubread..wPO wo. f5'm0O S16A217036 16 uadrlen Ikonrkdit - Cbdn P o_ PaF I &4W,*W was«sky 4001 S f Sl.[Ip0 (XF SI59-270.56 17 ,ywtll6cflc.22OF..ceerduetabnldCem6caonaemron- IDC16 ISc90.00 S158.21036 Is .urimtwde.loeanon- Find Puwn*Md IAm"rardunl {57.000.00 $151.21036 It I-Aw.G-anpaP.iakagwada.k.b.ga.nt App It". (376-000A0 37521056 20 11G11h4A V - kdenitdr S-,r1e& See 1w 0 Pew- J- Gawd 40018 ISF S7.S0 17,35E 06 31 I km wp Pdrrydl Ia Fbc lileo116Pak FJL.rnarandurn (S 57.50 VA 295 56 n 1N0010Riwlpnak#_PMJPelkbb W PW~V 4X)233 {S1.Q0o.0 1'229556 23 S 2-*l Cd F~ - Ik.lhd.n ►c tdq let Sdndco Fwd 40019 1 (12M I7 1M409.39 24 ■ nryn . f ddinewl rlawPidd Co..-. Im 1preid Fadnh Fld.e. 40cm (S 1.810.20 i,A 599. l9 7S vten.nFt6c.-Spcd ENnh l7a+rdl.�ppl.arrw�e.trad..erd I0C21 (31.91E181 lii6$03e 26 J.*- Fier-tM* Nc . ►o- d Lon Pm Co-pthral 0- AM24 tS5.O70A0 $61.690.38 27 k+emm%w-Cm-cad Y.domw motsft t.111. 9fY 4362d i5:55.24 ui.mld 20 S.Mwf*kcvly-3.l illdIaa-rleu aabdApPdco%m 40C28 (5539,11 314836O3 29 0G10WAY!-rpaorP wVP0.ha P.O. TWVVOW Fvw IS515.00 $ea?6IA9 S0 i. W d7ri Of &l . Pk,m . lh.Uv L Van vUa - ad ►rea.t d0p.70 45277530 U7.485-53 31 ,r* FnGNEEPPIG. r�dd hOnOw" lh..n V1001c moth. 40031 (i5.11623 Si.2769.30 32 6 W r Part YYhekkrd.. Spyn hoc cc" a wctohNP Toted Om 40033 (S IO.W.47 3A I.379M 33 '" 1-01,0 .Ira,acep lMrmoPkmKD •IiMPlGard kP 4OM6 (S 1.74400 $19-637.88 34 s,..cord• • Ynwy 1n..mr. plmtfe p0k•+. P4Idr0 bt.tarp d0035 (12792d8 SIA 8,11AC 33 n,wtd�.Idr.paary ►alp blM 100_i6 FSI U13.7 S;i127.25 36 'k+ Caw.4P ehu,Q q e 6 DPpo-d M 0 4= ($S 0 124.627.2S 37 -6dtk,pharn - GNMw mw+ vpko prw.p L cWI Eq. PO 43649 IS2e6 259 S24.361-OC Sa vwOw-Ane3ecdMk End[aa E>a.,PO43648 (SICO63 S24.260.37 36 rarw F.OW- ,,- Wekprd Cak k/v Udo-Iecikg 132:bm S2404037 40 I1lPQ'S>t-APPaOPRk17CMpFv6ptl.Slri.o60 SS2S030.00 5119.OdO17 41 ftd .* rO*.&%C_AOMF� 40042 IS45.077.71 SIM962.66 42 Pk4Wk dwardOv&Lml-PPcbmnCOW 417DA5 i}8,8�69t 39i065.75 43 IWP14mCoadop..+x,-Sch.ilaspw%Int.rowm Is&ao 00 $9ao6s.75 4; (W.X9 6 r S73614 as 46 Svppla~lot bvd4al Amainis: Avabble baionco: ($425.0h2A0) (S16I. C146) S".450A0 159.57100 $102768A0 (1101.631 1736.14 to ' m Ased: 7/1 M Doc 02S582v1 ATTACHMENT 3 0019517.01 Gonceptl/larine Concept blarine Associates, Inc. 13483 Fiji way Planning. Design. & Construction Management Mama del Rey, CA 90292 P.O. Box 10550 Marina del Rey, CA 90295 Tel: (310) 4484480 Fax: (310) 4434483 June 23, 1998 19615/1051/3301 141r. Rick Pike Valley Crest Landscape Inc. 1920 South Yale Street Santa Ana, Ca 92704 RE: Huntington Beach Pier Plaza Project Remaining Punch list Items Dear Mr. Pike: The following list of Punch list items remain outstanding as of today"s date. Please review this list and initiate closure as soon as possible. General Notes 1.01 Stone all chamfer edges on concrete caps at sand walls. 1.02 Clean mortar/grout off masonry walls at sand was. 1.03 Clean masonry joints at sand walls. 1.05 Clean ail construction debris from beach sand at sand wall areas. 1.07 Patch all chipped edges at concrete bike trail. 1.12 At grand stairs - north side - south wall - repair/patch chipped area at reveal (base of stairs) 1.13 Clean off excess mortar and concrete at banner pole base at north stair side of pier and at base of adjacent CMU wall. 1.16 Patch the chipping at concrete stair nosing, third set of steps from the bottom, north side of grand stairs. 1.18 Clean all red staining on concrete paving, curbs, walls and adjacent materials. 1.20 Repair chipped wall edge at TIC ramp. North side of amphitheater. 1,21 Repair broken grout line at masonry walls at restroom/concession building, 3rd bay north. 1.22 Patch chip at walkway adjacent to bike trait, north west comer of restroom building. EEES Marina del Rey. California • Oakland.Caii:omia • Honolulu. Kawcd 1.27 Lock jams at rear door at restroom building. (This lock has been fixed preciously and requires either replacement or repair from the manufacturer). 1.25 Clean out grate at mat wash area behind concession building, 1.29 Silicon sealer required at building column joints at restroom/concession building. 1.31 Lens covers and frames for the palm tree lights need to be secured. (One lens is broken and the light does not function. The lens coven remain loose and subject to vandalism). 1.32 All banding noted as receiving metal oxide material shall be reapplied as necessary. Valley Crest has begun the repair process in the upper main plaza. All remaining banding shall match. (Bands must be corrected and sealer applied) 1.33 Patch all concrete banding edges that are chipped/broken. 1.36 Install bolts into catch basin grates. 1.37 Clean all valve box lids (for irrigation bubblers) and well lights and trees of excess vitriturf material. 1.42 Check all sequencing numbers for remote control valve box lids.(handwritten numbers do not match stenciled numbers) 1.43 Remove waterproofing felt above the finished surface of stone paving at northeast comer of turf area 1.50 Repair all chipped/broken banding edges in main plaza area. 1.51 Bolts required in all Quick coupler and RCV valve box lids. 1.54 Replace cracked concrete paving at base of handicap ramp from PCH into plaza. 1.55 Grind down concrete edges at ramp end piece where forms joined_ 1.56 Clean mortar/concrete off masonry walls in parking lots. 1.57 Smooth chamfer edges of concrete cap at parking lot masonry wails. Stone all concrete caps at walls. 1.58 Chamfer edge of concrete is very rough and chipped at upper north parking area. (First row of PCH south of 6th street entry). Fist rune parkins stalls of cap are very rough and chipped. 1.59 Caulk all gaps in PVC (Saffron) railing. 1.61 Clean concrete material off vault lids. 1.62 Clean edges of concrete cap at wall elevation changes. 1.63 Stress cracks at asphalt surface course, upper middle tier north end, south of sixth street entry. 1.65 Patch concrete curb and wall caps that area chipped and broken. Typical for all caps and wall chamfers and driveway/parkins lot curbs. 1.67 Remove all paint from walls, curbs, asphalt and paving materials. 1.68 Caulk all bases of bollards at handicap parking areas. 1.70 Patch and resawcut one sawcut joint at concrete cap for parking lot wall, upper tier south lot. 1.74 Remove nails, etc.. From concrete/masonry walls. 1.75 Clean rust spots/marks from benches and bench bases. 1.76 Clean concrete cap to paving transition at bench areas along PCH. 1.77 Repair broken, cracked public sidewalk along PCH. 1.78 Repair broken and chipped wall caps and concrete curbs as needed in south lot 1.79 All comments for north parking are applicable to the south lot. 1.80 Complete all railing installations with the exception of Duke's construction staging area_ 1.85 Finish Saffron post bases. Grout fill sleeves and taper grout from top to bottom of post base. Base treatment should appear the same for all Saffron post bases. 1.96 Insure that all Saffron railing sections are tightly secured within post sleeves. 1.87 Polish all scratches and surface markings on Saffron railing. ** Complete acid washing to remove efflorescence on CNN walls. ** Apply sealer to all hard scape as noted in the details of the contract documents. ** Remove concrete splash and debris from walls at railing coring locations.(all areas) ** Install missing light pole covers on parking lot lights in staging area. ** Provide project as-builts for general construction. 0* Provide certificate of testing for backf7ow device for irrigation system. Restroom/Concession , S. Patch and paint visible hole at soffit light on north-east comer of building. 6. Clean yellow smudges on exterior wall to right of middle serving counter. Utilities ** See General Note item 1.21. ** Install light fixtures in interior restroom vanity light. ** See General Note item 1.27.(recheck all door locks). S. Clean all valve box lids and clarifier lids. (Paint black to match original finish after cleaning). 11. Patch the asphalt in PCH south of the new entry at second street. This area was sawcut to install a hydrant that was later moved to another location. 12. Provide as -built documents for approval. ** Raise sewer line manhole in bike trail in asphalt section south of Dupe's restaurant. ** Grout and coat all interior rings of raised and new manholes per the City of Huntington Beach standards. As you are aware, some of these items are in progress and therefore not signed off as complete. Please notify CMA when the outstanding items are complete and can be verified. Sincerely, Steven A. Schmucker Construction Manager cc: Eric Charlonne Doug Stack Michael Sabzerou GCS RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Approve the Pier Plaza Improvements; CC 1029, Notice of Substantial Completion COUNCIL MEETING DATE: July 20, 1998 RCA ATTACHMENTS STATUS Ordinance vrlexhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) Si ned in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable)_ Not Applicable Staff Report if applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORVMRED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk i EXPLANATION FOR RETURN OF ITEM: Th1� t, 4jeW,4 Z,74 / c.,,.re , s 4,, ACITY OF HUNTINGTON BEACH INTER•DEPARTNIENT COMMUNICATION HVNTIW.roN BEACH Connie Brockway, City Clerk Office of the City Clerk61 / iyiuG �{ C.ri� -L�.. To:_ P w Date:_ 2.-/0 '9 1' Meeting Date: '"-9 Agenda Item: r5 rp05t d QtY C61udl Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office. I. Signature(s) Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate (Proof Of insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached I 5. Wording On Request For Council Action (RCA) Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other I 6. I City Attorney Approval Required I 7. Agreement Needs To Be Chanted A Page No. S. Other ' 4dd NJCVJIVIPr-A ASZE'i 45' Al E;.O.nu.hmr:+e�fam p �a �i a6;o 4 t- W-e, L.i, C.f -o- t t fi¢n n%uy I n h& v �o Noy-ic: o+ Subsinn-taI- Gar in f#5 awl nod-�crna, mar �c,, h +�- uaa.tt CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk !J G To: Date: �� - j Meeting Date: - 4-0 �,' Agenda Item: - Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office. 1. Signature(s) Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate (Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached) 5. Wording On Request For Council Action (RCA) Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other • n - J "'S�.+:C.n%•t� :.4:�5-J{•)'f'"`.. ✓•• �1.. ".'{ * ,%"^v ^,r G%f --1�'s<-' Ni'6��� �r "',y},,, I>"i f's,t'.. .! .l�e'.•,. G:agendaJmsclrcaforrn ,ti,,. �•� Ca' �i •r i i,�r N A. 1�4 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION 'i HuriTMlGTow 114CH Connie Brockw2y, City Clerk t Office of the City Clerk t ` i�icte i c6 L4 To: Date r]- /t) _ `)� Meeting Date: "dd-9 Agenda Item: �S EM- : The City Clerk's Office/City Administrator's Office must return your agerida item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office. 1. Signature(s) Needed A On RCA 13 On Agreement C Other 2. Attachments A Missing It Not identified C Other 3. Exhibits A Missing �. 11 Not identified Cs Other 4 Insurance Certificate (Proof Of Insurance) A Not attached It Not approved by City Attorney's Office (' Signed form notifying City Clerk that department will be responsible for obtaining insurance certiticate on this item. (See form attached) 5. Wording On Request For Council Action (RCA) Unclear A Recommended Action on RCA not complete E, Clarification needed on RCA C Other 6, City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. s t - 8. Other ! ; r 4 G aqewa mgrhrrfonn [ / 47'' T .a ' A� �+� ht?re-'+`� 1 +� j�$uJ 10 d -"o fit.. 1• „� i�v7` �a I N -1 �-e o Serbs# n -ha G� ram, FrS m� rai+ �, �f N ;, - CITY OF HUNTING'TON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY -CLERK LETTER OF TR,%NS,111TTAL REGARDING ITEM APPROVED BY TIM CITY COUNCILMEDEVELOP'IEN1 AGENCY APPRQVED ITEM DATE: ;j2 Z3Z24--7 .. Name Street City, State, Zip ATTENTION: DEPARTAIENT: REGARDDZG: µ 4, See Attached Action Agenda Item A7— .2 T Date of Approval r Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page _� Agreement Bonds Insurance RCA Deed Other Remarks: cc: Name Department PICA Name Department RCA �1 1}��rc . ,d Pau.-- L--1 ]game Depanrn mt RCA Risk ti1anagement Department Insurance CoPe — A'�4& Fa'r a"-L v Agrcement Insurance Othcr Agreement Insurance Other Agretment Insurance Other G: Followup'agrmtshransl tr (Telephone- 714-536-5227 F (9) 10/06197 - Council/Agency Agenda - Page 9 Request EorDisclosurQ By NamNamcd EmployeeQf EmployeesAnd r • •Attorney. Public hearing to hold a public hearing to receive community input and adopt a formal policy regarding the disclosure of employee salaries and related benefit costs. RecommendQd Action: Develop a policy regarding the release Dy named eMployce, of all City employee total compensation data. [Motion To Take No Action -- 5-2 (Sullivan and Green: No)] LM401 ,•3: All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion In the form listed. RecommendedAction: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (Qity Council/RedeveioomentAgency) Minutes -Approve and adopt the minutes of the City Council/Redevelopment Agency adjourned regular meeting of August 25, 1997 and the regular meeting of September 2, 1997 and corrected Page Nos. 12, 13, and 14 of the regular meeting of July 21, 1997 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Approved and Adopted 7-0] E-2. Pier Plaza P falQct - 9C-102$ (600,80) -1. Approve the attached FscrowAgreement for Security Deposits In Lieu of Retention between the City of Huntington Beach, Valley Crest Landscape and Wells Fargo Bank, Woodland Hills, and 2. Authorize the Mayor and City Clerk to Execute said Agreement on behalf of the city. Submitted byAhe_Public Works D'++rector [Approved 7-0] E-3. (RedevelopmenAgency) Approve-FIrstAmendment To Owner -Participation Agreement (OPA)- Re: Insurance 126 Main Street (Standard Market) - Mghammed &AdelZeldan - (MP 600.30) 1. Approve First Amendment to Owner Participation Agreement (OPA) between the Redevelopment Agency and Mohammed and Adel Zeidan. 2. Direct the Agency Chairperson, Agency Clerk, and Agency Executive Director to execute this Amendment when signed by Mohammed and Adel Zeidan and notarized, then record with the County Recorder. 3. Direct the City Attorney, Agency Clerk and Economic Development Director to ensure that the insurance requirements outlined in the OPA (as revised) are reviewed and approved Prior to final execution by the Agency Chairperson, Agency Clerk and Agency Attorney (City Attorney). 5Ubmitted by the Economic Deyplopmenj Dire= [Deferred To Study Insurance Provisions] (9) �nce - APGJ - flpw CITY OF HUNTINGTON BEACH MEETING DATE: September 151997 DEPARTMENT ID NUMBER: PW 97-072 Council/Agency Meeting Held: 9614'1 De rred/CContinu e� dto: b 191 t a&.' e, :. Ap roved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: September 151997 Department ID Number. PW 9Y-072 toL197 CITY OF HUNTINGTON BEAtoli �% caKn+n REQUEST FOR COUNCIL ACTION n" '` ���rn o SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator kv PREPARED BY: 9K.es M. Jones II, Director of Public Works qq=r SUBJECT: Approval of Escrow Agreement the Pier Plaza Project; CC 1029 Statement of Issue, Funding Source, Recommended Action, Alternative Actionlsj, Analysis, Environmental Status, Attachment) Statement of Issue: The Contractor, Valley Crest Landscape, has requested to enter into an escrow agreement for security deposits in lieu of retention. Funding Source: Retention funds withheld from the contractor Recommended Action: Motion to: 1. Approve the attached escrow agreement for security deposits in lieu of retention between the City of Huntington Beach, Valley Crest Landscape and Wells Fargo Bank, Woodland Hills; and 2. Authorize the Mayor and City Clerk to execute the escrow agreement for security deposits in lieu of retention between the City of Huntington Beach, Valley Crest Landscape and Wells Fargo Bank, Woodland Hills. Alternative Action[sl: None 0027335.01 -2- 08/26/97 7:56 ANI REQUEST FOR COUNCIL ACTION MEETING DATE: September 151997 DEPARTMENT ID NUMBER: PW 97-072 Analysis: The contractor, Valley Crest Landscape, for the Pier Plaza Project has requested to enter into an escrow agreement for security deposits in lieu of retention. This form of agreement is allowed pursuant to section 22300 of the Public Contract Code of the State of California. The agreement details procedures for placing retention funds withheld during the course of the project in an interest bearing account that is jointly held by the City and the contractor. These funds will still be held until all work is complete and the Notice of Completion is filed with the County Recorder's Office. Release of these funds requires written authorization from the City to the escrow agent, Wells Fargo Bank. The contractor is required to pay all fees and expenses incurred by the Escrow Agent. The purpose of this agreement is to allow the contractor to earn interest on retention funds while construction proceeds. Environmental Status: N/A Attachment(s): F 10A Author. Chadonne 00.27335.01 -3- 0=7197 9:11 AM AT AC M NT 1 0019517.01 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between: City of Huntington Beach, whose address is 2000 Main Street, Huntington Beach, f' California 92648, hereinafter called "Owner," Valley Crest Landscape, Inc., whose address is 24I21 Ventura Boulevard, Calabasas, California 93102, hereinafter called "Contractor," and Wells Fargo Bank, Agent Linda. Holt -Carter, whose address is 6001 Topanga Canyon Boulevard, Woodland Hills, CA 91367, hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: (1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for the Pier Plaza Project, CC 1029, in the amount of $4,87S,000, dated April 14, 1997, (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of the City of Huntington Beach, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. (4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. g:lagmlvallyesc $11197 (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. f� (6) Contractor shall have the right to withdraw all or any part of the principal -- in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days' written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner, (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Section (5) to (8) inclusive, of this agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: Owner Contractor CITY OF HUNTINGTON BEACH, a VALL ST LANDSCAPE, INC. municipal corporation I d B ose. VP Print N e d Title M_zr ka s- e-tt- -Esq p (L Print Name and Title Signature f-, BettX M. Signature Print lame d.MTe Signature Signature Block continued on following page 8:lagmlvallyesc Z 1R4197 On behalf of Escrow Agent: t Carter A� Topanga Canyon Blvd. and Hills, CA 91365 At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner CITY OF HtJNTINGTON BEACH, a municipal corporation •MAMpp RALp" (RA"m Name and Title Signature (ITT CST! C�fr G[sRk �_ CorvN=�' QQaeKwpy 1 APPROVED AS TO FORM: $ City Attorney 7 ���2��gr1 gAagreelva11) esc 7/24I97 Contractor VALLEY CREST LANDSCAPE, INC. 24121 Ventura Boulevard Calabasas, California 93102 By: Da a 4P/CFO Pri Title Signature INITIATED AND APPROVED: 3 /o RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approval of Escrow Aggreement the Pier Plaza Project CC 1029 COUNCIL MEETING DATE: September 15, 1997 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (vr/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) 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 Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED Administrative Staff ( ) Assistant City Administrator (initial) City Administrator (initial) ( ) ( ) City Clerk ( } EXPLANATION FOR RETURN OF ITEM: .-CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK CALIFORNIA 92648 CITY CLERK LETTER OF TRANSNUTTAL REGARDING ITEAI APPROVED BY TIIE CITY C0UN'C1LIREDEVET,0PN1FNT AGENCY APPROVED )TEAT DATE: G,,Co 9 1 TO: ATTENTION': Name 71 / DEPARTAIEN Suva/ REGARDING: City, state, Zip See Attached Action Agenda Item Date of Approval 41WIV-1 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Broclnvay City Clerk Attachments: Action Agenda Page Agreement ✓ Bonds —Z Insurance RCA Deed Other Remarks: CC: G2uj- -Z N c f J Department RCA Ageemesu� Insurance Other +wJ '0"o Dcpartmcnt RCA Agccianl lnsuranm Othcr •Name Department RCA AErernent Insurance Other Risk Alanagcment Department Insurance Copy ✓ G.Follouvp'ag mtstramltr (Telephone: 714-536-5227 ) 1r CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VALLEY CREST LANDSCAPE, INC. FOR THE PIER PLAZA IMPROVEMENT PROJECT (CC-1029) THIS AGREEMENT, made and entered into this day of 1997, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and VALLEY CREST LANDSCAPE, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as general contractor services for the Pier Plaza Project (CC- 1029), 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 Ri_SK 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 3.WP CD1pierplaz'Sd1197 102209 Nor Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter 2 3lk1PCD1pterp1azVJ/97 102 2 0 y be - of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Four Hundred Thousand, Eight Hundred Seventy Five Dollars ($4,875,000), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within 3 31k1PCD1pierp1az/V1197 id12o9 One Hundred Eighty (180) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. S. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and. in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 SW CD/pierplaz-5/1197 101209 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to enterng 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 5 3WPCD1p1erp1az511l97 1G.1209 structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Thousand Dollars (S2,000) 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. a WPCDfpi WW-i5I1197 is 12 O 9 i CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented In writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages fer 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. 7 L._ 3.WPCD1p1erp1iaz V1I97 I CI-12 O g 12. QIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of. (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No clam 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 8 3lk+'PCDIp1ei plaL--V1197 10. 2 0 9 completion sha'.l be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as In its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit it 3WCDlpierplaV511197 lal 2-D 9 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 10 3,WPCDlp1erplazV1197 1(.22 0 9 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 ($10,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall fumish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY. CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties. against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including productslcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 11 3 Q?CAlpierplax15/M7 1 i17.2 0 9 applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self -insured retention, or a "deductible' or any other similar form of limitation on the required coverage. 22. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance cf the work hereunder, CONTRACTOR shall fumish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice cf CITY; and 4. shall state as follows: "The above detailed coverage Is not subject to any deductible or self -Insured retention, or any other form of similar type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 12 3 WPCDlpierpla7J51VD7 IG2.209 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other dccuments pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NOWASSIGNABILITY CONTRACTOR shall not sell, assigi, 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. 13 SVPCD/p1wp1az/5/1197 1Q2.20 9 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 of seq. 26. STOP NOTICES -,-RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) fcr 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, cons#ruction or meaning of the provisions of this Agreement. 14 3,VPCD1p1erp1az1V1;97 101209 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. REST OF PAGE NOT USED 15 1WCDlpWrpLvjV1,V7 iQ2.2 0 9 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 CRUWNDSCAPTI, INC. CITY OF HUNTINGTON BEACH, A municipat corporation of the State of California By: Charles W. deGarmo, Vice President 496-4 Mayor By: :�� etty M. He o ecretary ATTEST: ND R t ED: City Clerk== l0 97 APPROVED AS TO -FORM: City Administrator City Attorney IF INI i I/� E[5 AND APPROVED: f,( Director bf Public WorksAlph. iry 3NPCDlpierpl /Wif97 1Q.209 �1 '- J City of Huntington Beach B 2D0O hiain Street California 92648 kvKT]NGTo++ BEACH To: Encroachment Permit Applicants and Providers of Contractual Services to the City Please give these requirements to your insurance agent City Council Resolution 6277 requires a certificate of workers' compensation and general liability insurance before you can be issued a permit to perform work on city property or before you can provide contractual services to the city. Checklist: 1. All certificates must contain a mandatory 30-day cancel lation notice and there must be no statement of ten-day cancellation for non payment of premiums. Be sure that the words "endeavor to" and "failure to mail such notice shall impose no obligation nor liability of any kind upon the company, its agents or representatives" havf. been removed or lined- Qut if they appear on the certificate. Workers' Compensation: :'.. Minimum California statutory requirements for workers' compensation are $250,000 bodily injury by disease, policy limit; and $100,000 bodily injury each employee for accident or disease per occurrence. If you have no employees, you must sign a Declaration of Non -employee Status form available from the City. In lieu of a certificate of insurance, a certificate of Consent to Self -insure issued by the California Director of Industrial Relations is also acceptable. General Liability- -. At least $1,000,000 combined single limit coverage is required. �. Insurance must be designated "per occurrence'. 'Claims made' designation is only acceptable for professional or pollution liability insurance. 5. The City of Huntington Beach must be named as Certificate Holder. E. The certificate must name the City of Huntington Beach, its agents, officers and employees as additional insured on a separate endorsement attachment to the certificate. This wording must be exact. 7. The Additional Insured Endorsement must be a separate attachment (i.e., second page) to the certificate and must include the policy number. Frofessional Service Contractors (i.e., consultants). —Your certificate will be rejected unless the certificate provides a minimum of $500,000 Professional Liability Insurance. The additionally insured endorsement is not required but you still must provide proof of Workers' Compensation Insurance or sign a Declaration c� Nan -employee Status. Trucking companies. —Per the Public Utilities Commission (PUC) regulations, you must provide proof of VJorkers' Compensation Insurance and General Liability Insurance. The General Liability Insurance requirements are $600,000 combined single limit or $250,000 bodily injuries or death of one person and $500,000 protection against total liability for bodily injuries or death of more than one person from any C .WiskMgmt%Cert-10Require.Doc Page 1 Of 2 (Rev. 10196) 1(11209- Encroachment Permit Applicants and Providers of Contractual Services to the City = one accident. This is subject to the same $250,000 limitation for each person and $100,000 protection for accidental damage or destruction of property other than property being transported. The City of Huntington Beach must be named as Certificate Holder but does not need to be named as additional insured. Again, please forward this notice to your insurance agent. For assistance, call Christi Mendoza (714/536-5252). G 1RiskMgmt\Cert-Ins\Require.Doc Page 2 of 2 (Rev. 10/96) City of Huntington Beach 2000 Main Street HUNT1NGTON BEACH Huntington Beach, California 92648 The enclosed certificate of insurance has been returned to you for the following reason(s): 1. Endorsement (naming the as additional insured).— The endorsement is incomplete. You must name the for the certificate of general liability insurance to be approved. 2. Separate, Attached Endorsement. The certificate does not include a separate {page), attached endorsement naming the City of Huntington Beach, its agents, officers and employees as additional insured (Form CG2010) �o r L,-, b 10-`t- 3. Cancellation Clause 30-Day Notice. —The general liability and/or workers' compensation insurance must provide a mandatory 30-day notice. A ten-day cancellation for non payment of premiums is not acceptable. 4. Cancellation Clause Wording. —The wording "endeavor to" and "failure to mail such notice shall impose no obligation nor liability of any kind upon the company, its agents or representatives" must he remome or lined -out if they appear on the certificate or the certificate will not be approved by the City Attorney's Office. 5. Workers' Compensation Insurance Proof. —The workers' compensation insurance has not been rn 2vided or has lapsed. If you have no employees, you must sign the Declaration of Non -Employee Status from available from the Risk Management Division. 6. Workers' Compensation Statutory Limits. The workers' compensation insurance shown does not meet California statutory limits of at least S100.0M bo&lyinjury per disease, or accident- 525g,000 bodily*njury b". disease pewlimit. 7. Single Limit General Liability Coverage. —The certificate does not provide at least S1,000,000 combined sin te-jimic_generalliability insurance coverage per occurrence or the period of coverage has lapsed. 8. Professional Liability Insurance. —The certificate fails to provide a minimum of $500.000 professional liability insurance for a contractor providing professional services (Additional insured Endorsement is not required). 9. Deductible(s).—The City Council Resolution 6277 does not allow for any deductibles. 0 Other: Pl,?ase forward this notice to your insurance agent for the necessary change/correction and resubmittal. Oir permit aides provide guidelines to prospective permit applicants to facilitate this process. Please ccntact Jennifer McGrath (714/536-5555) if you have any questions or comments. ia2.2a9 1 G-%RiskMgmt%Cert-1ns\Return.Doc (Rev.1o1961- 7 HUNnNGTON BEACH City of Huntington Bead 2000 Main Street Huntington Beach, California 92648 In order to comply with City Council Resolution No. 6277 you are required to provide proof of Workers' Compensation insurance. if you have no employees, this form must be signed and returned to the Risk Management Division, 2000 Main Street, Huntington Beach, California (92648). Declaration of Non -Employer Status I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California's Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee or become subject to the provisions of the laws requiring Workers' Compensation Insurance. Name and Address of Company or Applicant: Applicant's Signature Applicant's Title: Location Signed: Telephone Number: Date Signed G :1R i skhigmt\Cert-t ns\Retu rn. Doc • 1a�-2�9 (Rev. 10196) +J ► L, 1) a 3-4- UL�k zv� NOTICE INVITING SEALED BIDS for CC-1029 Pier Plaza Coastal Side of PCi from First to Seventh Streets I \sa (`-ko fro + 1-7/97 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 4:00 P1I on Thursday, February 13, 1997, at which time bids will be opened publicly and read aloud in the Council Chambers for the Pier Plaza Project located in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting Monday, January 13, 1997 at City Hall, Department of Public Works upon receipt of a non-refundable fee of$150.00, if picked up or $180.00 if mailed, sales tax included. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 21 st of October. 1996. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 00_0699.01 /A f i CITY OF HUNTINGTON BEACH ., MEETING DATE: April 14, 1997 DEPARTMENT ID NUMBER: 97-026 Council/Agency Meeting Held: [:eferredlContinued to: approved nditia ally Ao p�roved f7 Hied A City Clerk's Sign Lure Council Meeting Date: April 14, 1997 Department ID Number: 97-026 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION/ PARKING AUTHORITY 'SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS :SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator t �— PREPARED BY ES M. JONES 11, Director of Public Works �- RON HAGAN, Director of Community Serviced ' :SUBJECT: PIER PLAZA, CC-1029, AWARD OR REJECTION OF BIDS Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental Sta + Attachment(s) �� { l Statement of Issue: Should the city award the construction contract to the lowest responsivelresponsible bi der 1� from the list bidders who submitted sealed bids to the Office of the City Clerk on March 12,� 1 1:97 for the Pier Plaza, CC-1029 and award a professional consultant contract for professional Construction Management Services associated with the construction of Pier Plaza or should the city reject all ten bids received and re -advertise an amended bid? Funding Source: New Revenue Bonds, unused COP funds, Park Bond funds, and Parking Authority funds. Refer to City of Huntington Beach Request for Council Action, dated August 5, 1996 - Wennission to Solicit Bids for Pier Plaza Project." Rn-commended Action: The staff recommendation for City Council action will be presented at the April 14, 1997 meeting. The following are the two alternative action scenarios the City Council may take depending upon the findings, conclusions, and recommendations of the Bid Protest Hearing Officer: — 0024861.01 -2. 04111/97 12:47 PA1 REQUEST FOR COUNCIL ACTION MEETING DATE: April 14,1997 DEPARTMENT ID NUMBER: 97-026 ALTERNATIVE ACTION SCENARIO `A' 1. Approve the low bid, Deductive Alternate (I A-B") combination, submitted by VALLEY CREST LANDSCAPE, INC., 1920 South Yale Street, Santa Ana, CA 92704 and authorize the Mayor and City Clerk to execute the construction contract for the Pier Plaza Project; CC-1029, for a total bid amount of $4,875,000; 2. Approve the transfer of all remaining unused COP funds, Park Bond funds, and Parking Authority funds to the Pier Plaza Fund for the Pier Plaza Project, CC-1029; 3. Approve an amendment to the current year budget by appropriating $6,283,417 for the purpose of construction of the Pier Plaza Project (total Pier Plaza Project cost of $6,355,000 less $71,583 already budgeted); 4. Authorize the Public Works Department to expend a total of $5,949,520 to cover the contract amount of $4,875,000, estimated construction contingency of $487,500, and supplemental expenditure of $587,020; 5. Approve staffs selection of Concept Marine Associates, Incorporated (a Construction Management Firm) to perform the work as outlined in the Request for Proposals for Professional Construction Management Services dated August 1996; and 6. Approve the attached professional services contract with Concept Marine Associates, Incorporated and authorize the Director of Public Works to Expend $330,480 to cover contract costs of $300,435, and estimated construction contingency of $30,045. ALTERNA 1VE ACTION SCENARI ' 1. Rejec n bids submitted for the cons ion of the Pier Plaza Impro ents; CC- 1029, and dire City Clerk to return all bid bo and 2. Authorize the Director of Public ks to re -advertise for bids: Alternative Action(s): 1. Deny both alternative action scenarios and direct staff on how to pursue project. Analysis: On October 21, 1996, City Council rejected the five previous bids submitted for the construction of the Pier Plaza and authorized the Director of Public Works to re -advertise for bids with a refined bid package. On March 12, 1997, staff received and opened ten (024861.01 -3- 0411119712:47 Phi ' REQUEST FOR COUNCILACTION MEETING DATE: April 14, 1997 DEPARTMENT ID NUMBER: 97-026 bids. California [BA, Inc. has formally withdrawn its bid due to a major mathematical error and pursuant to the Notice Inviting Sealed Bids, Mikala & Company failed to accompany its bid with the required certified check, cashier's check, or bidder's bond, thereby rendering it incomplete and invalid for consideration in the award of contract. The results of the bid opening are summarized below: Pier Plaza, CC-1029 Deductive Alternatives Extended Amount Engineers Estimate: $4,850,000 INITIAL BID A&IOUNT "A" "B" C. "D" No. CONTRACTOR Construct Construct Restroom' Delete Precast (311207) Masonry Sand Masonry Watts Concession Concrete Sand 111311s (parking areas) Building Walls + I _ 3 .. _..._ ...__ ....................__ . Roman E.C.D., Inc. ....__... _ ............ $5,200,000.00 .. ...._---------------------------- ._--- _....---- $120,000.00 $180.000.00" $150.000.00 4 ......................... Va-tey Landscape ....... $5.240,000.00 _$50,00_0.00€ ._ ..r............ W___ $65.000.00 ........ $300,OCO.00 $260,000.00 .. $160,000.00 5 _Crest S.J. Amoroso Censir. Co� . �M S_5,434,OW.00 $130,000.00 $72,000.00: �$227,000.001 $233.0=0 6 Excel Paving �55,574,000.00 S130 :._.. --- 7 61allcrafL Inc. 35,838,ODO.00 ....... .: $60,000.00 _._._. $10.000-0O ......................................-------. $360,000-00' S233,300-OC W_ 8 .W......_ . _.. Kenai _. ................ $56,000.00 ._ $200,000.00 3241,000.00€ - —.. $165,000.00 9 _ HilVest contracting .. » _ _......_ _$5,994,000.00 $6.275,000.00 ..--------............. ........r...........................................-__.._._...............-_ $42,000.00 10.00: $390,000.00 S156,000.00 10 Rk Intemational $6,880,000.00 $10,ODO.00� S30,OCO.00 $220.000.00 $150.000.00 Staff refined the bid package and incorporated the use of four deductive alternates. Each Deductive Alternate represented a portion of the scope of work that the City was willing to change or delete to reduce the total project expenditure. In the evaluation of the bids, the city reserved the right to evaluate all options of combination between the Deductive Alternates and the base bid. Of all possible combinations, staff concluded that Deductive Alternate combination A and B proved to be the most economical and should be the option implemented and recommended to City Council for award. Deductive Alternate A provides for the construction of masonry sand wails instead of precast sand walls. Deductive Alternate B provides for the construction of masonry retaining walls in the parking areas instead of precast concrete retaining walls. The implementation of these two Deductive Alternates will save $365,000. It is staffs opinion that masonry walls will provide no significant difference in aesthetics or strength and may, in fact, be more of a deterrent for potential graffiti than precast concrete walls. Therefore, staff is recommending that these alternatives be included in the bid award. Staff is not recommending Deductive Alternates C or D. The restroomlconcession building and the sand walls are vital to the operational success of the Pier Plaza area and should not be deleted. When the bids are summarized with Deductive Alternates A and B 0024861.01 A- 0411119 7 12:47 Phi r REQUEST FOR COUNCIL ACTION:,' MEETING DATE: April 14, '1997 DEPARTMENT ID NUMBER: 97-026 implemented, it provides the following bid results: DEDUCTIVE "A-15" Sumit IRY: Pier Plaza, CC-1029 Deductive Alternatives Extended Amount Engineers Estimate: "A" "8" C. "D" REVISED $4.850.000 INITIAL BID AMOUNT No. CONTRACTOR Construct Construct RestroorrV Delete Precast BID Masonry Sand Masonry Walls Concession Concrete Sand i AMOUNT Walls (parking areas) Building Walls 3112197 ___ I _ I mimam t175 3 Valley Crest Lands�?e, «. 3i,2 0;000.00 _ ........_ ..�. ........ S30 PDOD0 $260,0W.00 S160.000.00 $4,875,000.00 4 ....... ... _ Roman E.C.D., Inc .................................................. , $5,200,000.00 ...............................................................................................4...........................i....-...._................ __ __$65.000.00 ..1...... ------ $50,000.00i S120,000.00s $180,OW.00 $150.000.00 $5,030,000.00 5 S.J. Amoroso Constr. Co. $5,434,0W.W a130,000.00 $72,000.003 $227,000.00." $233,000.00 ............................ $5,232,000.00 6 Excel Paving , �— �� _ S�,574,000.00 .... ..._ ..................a.......................----. — ......--••------•-......-- 7 Kenai $5,994,000.W $56,000.001 S200,000.00 _ ._ ..................... .....................�.........................,.._ $241,0W.00 $165,000.00 _................... $5,738,000.00 8 _ _ I�ta:lcra`t, Inc. 55,838,000.00 560,000.00 ----------- $10,000,00 $360,OW.00 ....................... S233,300.00 ......_........ ........ ..... S5,768,000.00 9 - Hillcrest Contracting _ _ _ _ ..................._ _ 53,275,0W.W ....-- .... 542,000.00 $0.00 a.._... ....... $390.0W.00i ...._.......................... S156.000.00 . ..... ..._......- - $5,233,000.00 11l FTR International 5i,880,0w.00 510,000.00 S30,p00.ODi E220,000.00 $150.000.00 S6,840,000.00 . _........ .............................., ._...................... { � _. ................... ....................... ..... With Deductive Altemates A and B. the low bid is Valley Crest Landscape at $4,875.000. However, Roman E.C.D., Inc. has filed a formal protest against the award of contract to any other firm than theirs. In their letter of protest they referenced a recent court case, FTR International vs. City of Pasadena. FTR International, by the way, is bidder Number ten in the above summary. On March 17, 1997 a published ruling by the Court of Appeal of California, Second Appellate District, Division Seven, on this case was issued. The case, FTR INTERNATIONAL, INC. Plaintiff and Appellant, v. City of PASADENA, Defendant and Respondent, involved the use of bid alternates. On April 8, 1997, a protest hearing was conducted before Ernest C. Brown, Esq., P.E. Mr. Brown is a recognized national expert in construction and public works matters. Both Roman E.C.D., Inc., and Valley Crest Landscape, represented by respective legal council, together with in house legal council of the City, present evidence and argument regarding this protest before Mr. Brown. On Friday, April 11, 1997, Mr. Brown presented written findings of fact and conclusions of law concerning the protest. These written findings, were not available at the time of this RCA preparation. However, they will be presented to Council and will serve as the recommendation to City Council in support of only one of the above stated alternative action scenarios for this RCA. In the event of contract award, because this project is the largest beach improvement project the city has undertaken, and because of its intricacies with construction of retaining walls, plaza areas, etc., staff is recommending that the city hire a qualified construction OC 24861.01 -5- 0411119T 12:4T Phi REQUEST FOR COUNCIL ACTION MEETING DATE: April 14, 1997 DEPARTMENT ID NUMBER: 97-026 management firm to oversee and coordinate the Pier Plaza project. On July 31, 1996, staff mailed request for proposals to five qualified construction management consultants to provide such services in association with the Pier Plaza Project; CC-1029. Three of the five consultants responded to the RFP: Harris & Associates of Los Alamitos; FR3 of Irvine; and Concept Marine Associates, Inc. of Marina del Rey A five member committee met and prepared written evaluations of each proposal on the basis of understanding the project and services requested, qualifications and experience, and responsiveness. The committee recommends Concept Marine Associates, Inc, as the construction management consultant. Concept Marine was the consultant on the rebuilding of the municipal pier and provided invaluable knowledge and service which brought the pier reconstruction in under budget. The project coordinator for Pier Plaza will be Doug Stack, Civil Engineer Associate, from Public Works, and Jim B. Engle, Deputy Director, from Community Services. These staff members will be responsible for coordinating the interface between TS Restaurants' construction project of Duke's Surf City Restaurant, CAL FED regarding the construction of the ATM Kiosk, and the city's construction of Pier Plaza. Following is a complete breakdown of the budget for Pier Plaza: BASE CONSTRUCTION: Construction Contract Amount..................................................................................................... $4,875,000 CONSTRUCTION CONTINGENCY: 10% of base construction contract cost.......................................................................................... $487.500 SUPPLEMENTAL EXPENDITURE- 1. GTE Utility Relocation: S78,100 2. Parking Striping & Signage:................................................................... ..... $25,000 ................................ 3. Base Plates & Outlets (GFI) 26ea.: S2,600 4. Bike/Ped Flasher 2ea.................................................................................................................... $2,500 5. Asbestos Monitoring & Testing $10,000 6. Portable Parking Booths 2ea:...................................................................................................... $10,000 7. Events - Electrical (Spider Boxes) 7 - 50 amp, 1 -100 amp: $6.250 8. SCE Metering Addressing: ............................................................................................................... $550 9. Amphitheater/Historic Mural $240,000 10. So. Gas Utility Relocation...................................................................................................... $1,500 11. Consultant Construction Field Supervision $44,950 12. Duke's Grading/Retaining Wall............................................................................................ $76.000 13. Relocation Jr. Guard Facility $30.000 Sub -total: ....... . .................................................................................... $527,450 Undesignated Supplemental: S59,570 Total: ............................................................................................. $587,020 0024861.01 -6- 04111/97 12.47 Phi REQUEST FOR COUNCIL 'ACTION MEETING DATE: April 14, '1997 DEPARTMENT ID NUMBER: 97-026 CONSULTANT CONSTRUCTION MANAGEMENT SERVICES: 1. Pre -Bid Services: S9,948 2. 180 Working Day Schedule: ...................................................................................................... S269,487 3. Materials & Soils Testing: $21,000 Sub -total: ............................................................................................. $300.435 10% Contingency: S30,045 Total: ............................................................................................. $330,480 PUBLIC WORK PROJECT ADMINISTRATION: Engineeringstaff................................................................................................................................ S75,000 SUMMARY OF COST: 1. Base Construction: $4,875,000 2. Construction Contingency......................................................................................................... $487,500 3. Supplemental Expenditure: $587,020 4. Construction Management: ................................................................................................ $330,480 5. Public Works Administration $75,000 Total: .......................................................................................... $6,355,000 Environmental Status: Attachments): 1. Roman E.C.D. letter of protest, dated March 19, 1997. 2. Court Case Publication: FTR International, Inc. vs. City of Pasadena. 3. Professional Consultant Agreement with approved Insurance Certificate and endorsement. 01,24861.01 -7- 04/11197 12:47 PM ATTACHMENT' #1 ROMANbROMAN F.C.D., INC.—-�elkr GENERAL CONTRACTORS 51 March 19,1997 R E C E I V E D pEF�r.OF PUBUC WORKS MAR 2 d 1997 1186d lfiLshire Blvd., Suite 202 Los Angeles, CA 90025 Phone: (310) 478.4747 Fax: (310) 478.5099 License #479466 o-e.274 City or nuntington Beach � 2000 Main St HUrMN,3TCN Mr—ACH' ` -A�qa US Mail Huntington Beach, CA 92648 Facsimile: (714) 374-1573 Attn.: Doublas S. Stack, P.E. , Associate Civil Engineer Re: Pier Plaza Improvements (1029) (RE -BID) Bid: March 12,1997 a 4:00 p.m. Subject: Letter of Protest Dear Mr. Stack, This firm was 3rd lower bidder on the above -named project and as such has a substantial, economical, financial and business interest in the proposed intention of awarding the above contract to: Valley Crest Landscaping We hereby claim that the City's intention of awarding the contract to Valley Crest Landscaping is unreasonable for the following reason: City's decision is based on random selection of alternates (copy of a recent case FTR International vs. City of Pasadena is enclosed). Now, therefore, we hereby protest any award to "Valley Crest Landscaping" and any other firth than our firm and allege that our firm now has the lowest responsive bid and request a hearing for determination as required by law. You are obligated by law to defer the contract award until a hearing for the resolution and determination of this protest. Please be informed that this firm will be present at the hearing and request the opportunity to present further evidence and information. Please send this firm notice of time and place of the hearing. Should you have any questions, please feet free to contact our office. Sincerely yours, Micbael M. Badley President encl. A-T,TA�C�.HM:E�NT'-'-.-�'#��2 FTR INTERNATIONAL, INC., Plaintiff and Appellant, v. CITY OF PASADENA, Defendant and Respondant. B100096 COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN 1997 Cal. App. LEXIS 193 February 18, 1997, Filed NOTICE: [All THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PEND117G RELEASE OF THE FINAL PUBLISHED VERSION. SUBSEQUENT HISTORY: The Publication Status of this Docurtent has been Changed by the Cc:urt from Unpublished to Publinhad March 17, 1997. As Modified March 17, 1997. PRIOR HrSTORY: APPEAL from a judgment of the Superior Court of Los Angeles County. (Super. Ct. No. BS 036404). Robert H. O'Brien, Judge. DISPOSITION: Reversed. COUNSEL: Coleman Z Raisin, Bradley A. Raisin and Armenak Xavcioglu for Plaintiff and Appellant. Tracy Webb, City Attorney, Carolyn Y. Williams, Assistant City Attorney, for Defendant and Respondent. JUDGES: WOODS, J. We concur: LILLIE, P.J., ARMSTRONG, J. * Assigned by the Chairperson of the Judicial Council. OPINIONBY: TWOODS OPINION: This appeal is from a judgment ,in favor of the City of Pasadena ("City") in a nandam-as proceeding brought by appellant challenging the City's use of altern:ztive bids as part of its competitive bidding procesa. we•reverse. FACTUAL AND PROCEDURAL SYNOPSIS 1. Factual Background nl --- --- - - - -- - -- Footnotes --- - -- - - - --• nl Respondent in admonished that its sporadic references to the record do not satisfy its mandatory obligation under California Rules of Court, rule 15(a) to provide: citations to the record for all statements of any matter in the record. TO 3SVd D53 r-7VAA! NI�V21 iZZSE8LBL8 itr:LL L66Ll6i/�0 dsrl�rl��I 1[:4L tSltiltija'l1/ (.'ArIK AYVAII ESLJ VAL*. bl PAGE 7 1997 Cal. App. LEXIS 193, Wray, supra, 194 N.Y.S. 398, 399-400.) In the instant case, both the Charter and the Code gave the City the unfettered right to reject all bide. In Sempre Const. Co. v. TP. of Mount Laurel, supra, 482 A.2d 36, 38, 40, as the issue before the court was the use of a particular bidding strategy by a bidder-, at beat, the court impliedly upheld a municipal agency's right to make an awrrd on the base bid, or base bid plus alternatives, as it right adequately judge the [*161 entire bid as to each bidder in determining to make as award. In Automatic Merchandising Corp. v. Nuabaum, supra, 210 N.W. 2d 745, 748-749, there was a statute specifically authorizing the use of alternative bids. No much ntatute or ordinance exists in this case. As did the court in Dornar, we Faust ascertain whether the use of the alternative bid procedure comported with the purposes of competitive bidding. We conclude that such a procedure does not violate the City's competitive bidding law an it allows the City to make the most economical use of it resources and deal with a problem in a sensible and practical way. However, although the procedure helped insure economy, it did not exclude favoritism. As More expressly recognized in appellant's reply brief, part of the procedure allowed for the appearance of impropriety. When the City selected which alternatives to add, the names of the bidding contractors were on the tabulation sheet. Having access to the names of potential bidders afforded the City the opportunity to play favorites. Accordingly, we conclude that part of the procedure should be eliminated from any future use of alternative bidding and some sort of [*17] blind identification of bidders should be used until after the decision of which bidder was the "lowest and hest," i.e., the lowest responsible bidder. Alternatively, the City could determine the order of the alternatives prior to opening the bids. DISPOEITION The judgment is reversed, and the court is directed to issue a writ of informing the City that any use of an alternative bidding procedure must a means by which to keep the names of the bidders confidential until after the mandate include determination of which alternatives to include. Appellant to recover costs on appeal. WOODS, J. We concur: LILLIE, P.J. ARMSTRONG, J. * * Assigned by the Chairperson of the Judicial Council. ATl'ACHMfNT #3 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONCEPT MARINE ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT CONSULTANT SERVICES FOR CONSTRUCTION OF THE PIER PLAZA (CC 1029) - THIS AGREEMENT, made and entered into this day of 199j9, by and behveen the City of Huntington Beach, a municipal corporation of the State of Califomia, hereinafter referred to as "CITY", CONCEPT MARINE ASSOCIATES INC., a California corporation, hereinafter referred to as `CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant for construction management services on the Pier Plaza Improvement Project (CC1029) in the City of Huntington Beach; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. WORK STATEMENT CONSULTANT shall provide all services as described in the Request for Proposal, and CONSULTANT's proposal dated August 22, 1996. (hereinafter referred to as Exhibit "A"), which is attached hereto and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." CONSULTANT hereby designates Warren S. Mills, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. r� XkIpWaM2=7 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Two Hundred Eighty -One Thousand, Four Hundred Eighty -Seven Dollars ($289,487). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A," or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A". B. Delivery of work product: A copy of every technical memo and report prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY 2 3Mplaza/1011 SIDE shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. The CONSULTANT shall submit to the CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized by CITY shall be invoiced separately to the CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra 3 Wplazall OM SM work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 8. INDEMNIFICATION AND HQLD HARMLESS CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless CITY, its officers and employees from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this Agreement by CONSULTANT, its officers or employees. 9. WORKERS COMPENSATION CONSULTANT shall comply with a'I of the provisions of the Workers Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the Califomia Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney fees and costs presented, brought or recovered against CITY, 4 3Nplaza10115M for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall obtain and furnish evidence to CITY of maintenance of statutory workers compensation insurance and employers liability in an amount of not less than $100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each employee, and $250,000 bodily injury by disease, policy limit. 10. INSURANCE In addition to the workers compensation insurance and CONSULTANTs covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY the following Insurance policies covering the PROJECT: A. General Liability Insurance A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting Within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including product slcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self - insured retention, or a "deductible' or any other similar form of limitation on the required coverage. 5 s wptazall 0111 5M B. Professional Liability Insurance. CONSULTANT shall acquire a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANTS professional liability in an amount not less than $500,000 per claim. A claims made policy shall be acceptable. 11. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City 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; 4. and 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." CONSULTANT 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 CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONSULTANTs insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney fcr approval prior to any payment hereunder. 6 Wplazalg130W 12. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acing at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 13. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. 14. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 15. COPYRIGHTSMATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 16. CITY EMPLOYEES AND OFFICIALS CONSULTANT 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 the applicable provisions of the Cafifomia Government Code. 7 3XplazalMaS6 17. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 9 hereinabove) or to CITY's Director of Public Works as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY. TO CONSULTANT: Les Jones, Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 18. IMMIGRATION Gordon R. Fulton, President Concept Marine Associates, Inc. 13483 Fiji Way Marina Del Rey, CA 90292 CONSULTANT 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 the United States Code regarding employment verification. 19. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT 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. CONSULTANT 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 CONSULTANT. 8 WplazaP913 W 20. 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. 21. 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. CONCEPT MARINE ASSOCIATES, INC. By: 0;�LQ- 00— Gordon R. Fulton, President A D ey: Q. pri e ITS: {circle on Secretary Chief Financial Officer/Asst. Secr • reasurer REVIEWED AND APPROVED: &2X' City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: Ci y Clerk 417 APPROVED AS TO FORM: City Attorney INIT D PPROVED: Director ofLulll)c Works E 3Wp1azal91 QW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONCEPT MARINE ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT CONSULTANT SERVICES FOR CONSTRUCTION OF THE PIER PLAZA (CC 1029) Table of Contents WorkStatement...................................................................................................1 CityStaff Assistance............................................................................................ 2 Timeof Performance...........................................................................................2 Compensation..................................................................................................... 4 ExtraWork........................................................................................................... 2 Methodof Payment............................................................................................. 2 Disposition of Plans, Estimates and Other Documents ........................................ 4 Indemnification and Hold Harmless..................................................................... 4 Workers' Compensation...................................................................................... 5 Insurance............................................................................................................. 5 Certificates of Insurance.....................................................................................6 Independent Contractor...................................................................................... 7 Terminationof Agreement.................................................................................. 7 Assignment and Subcontracting.........................................................................7 Copyrights/Patents............................................................................................. 7 City Employees and Officials .............................................................................. 8 Notices................................................................................................................ 7 Immigration......................................................................................................... 8 Legal Services Subcontracting Prohibited.......................................................... 8 AttorneyFees..................................................................................................... 9 Entirety............................................................................................................... 9 3Wplaza1950196 03/13i97 09: 32 DEAL_Y, i=ENTOt l & ASSOC a 17143741590 f lo. 118 M-01 1'lt Icy .�rxrc `�RU :e:. �.r::1■ R (i�y�M� _ •Y:• .,. a ISSVE9AIE (11:'r[t�'++) 1 '�, •` A4`4 J). A V 1 � ��.� •` "P �i. .i�ri/�_�y/`�� Alii{�•�'y A•i� +.srRaw,-.....1•-ro �..<..:,..a..e.i: a.:-'.., .-o.:�•_...... ••-- y.�wai i� �.I Y...+H�,.. .i �i ;..: _. ..� r•'-w w :� �i •i i t rl Jy t t I Lt6Y ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE CEALEY, RENTCN b ASSOCIATES OOES NOT AMEND. EXTEND OR ALTER TH£ COVERAGE AFFORDED BY THE Insurance Brokers J. Ward POLICIES 6EL06W. P.O. E'ox 12675 COMPANIES AFFORDING COVERAGE Oakland, CA 94604-2675 510 -4 G 5 -30 9 0 CC'WP.%%V A CEII,T: Amoritan Autor-obi lc Ins. Co. 7S3`'kL'D Lf 11Ep c i n Pto essionat lns Co . CONCEIT MARINE: ASSOCIATES, IN^ t�rEa`M C 1853 Cmbarcedero Fi r eMan'S__Fuad, In=usance_�o; Oakland, CA 94606 C ATy D COUPAW ITEA E LE THIS IS ToCERTTFY THAT THE GOLVES OF 91SL;2A1%r-E LISTED SELOWHAVEE EEENISSL,•EO :O Tr.E WJS',14 0 NA' �-O QO'VE Cott 11— PC- I:1 PErCC- 1NpTCA T EO. No f WONS T ANDNG ANY REOVAE&C- Hr. T EM.' OR CCIVD TION OF i; Y (C `NT Gt 4 C I OA;) -H+E2 C-0Ct z.'FNT WIT ti FES=E.^.' -' - v —Z-1 CERTIFICATE MAY eE tSSUEO OR L4.%Y PERT AIN. THE r4URANCE AFFORCED ev TF-S POL!CrES MSt: *! U I-E^EIN tS SU .JECT T17 ALL ,!-= . EP<•!S. EXCLUSQNS AND CONO!TPONS OF SUCK POLICIES LMTS SHOWN061AY HAvE 6'sEN REDUCED 3t' PAID CL ALMS TYKor WSLJ4ANCf POLIGrNVwlaeJl POIICYdrrCTIVL POLIiYfaPliisTlON tTylss LT DA{EIIWu+Op+YY- DATE{'JAUCO+yell i 6rJdf.l.L 11�t61L 1It ! Ot NtAAL A359!GA:E t zoaa)ao C t X O)IA49DILL CEnERA�t t1AEIt:TY MXCO0352869 1/06/97 1/06/90 v;=eIS•CCfav-MA'1 1000000 Ctalms mom l,.y U^.UR F ItSJrJ11 S A3u 1,J�.tr _V V00 0 C-IEs-S 6 CCUIRACICA'S PRJI rT _- ACII OCCLIRIt Rr �- ~Is 1700000 hqf IA.Y @at r.re` T _ y _S0000 IF1] 5000 Alnar•aTrlLfuAatiaY C0.!3E':E3 S'NCLE l +i1 AA COMO AIJTCS E`}Lr trim" 3:041IILED AUIDS APP Ji'[.r i$ !0 ORU:. (Ve, ee•1s'u a zE3 AUTOS GAI? •..,..� � r • C;-t 9uQdr Ir:nJ11 .1 A�eAti*, a AurJTs . _ , I If'e• ,Ts.^.r.0 T11.RA iE LISEItITY "i .i•'n�2iEY �..._...,. ..--._�._.-.. ��_-___. _ EXI:E':5LIA9t1TY --�'-'� r i tY Attorney, 1• :•; G;idF%ti k•E i 1 aS3r;r;T{ ��! • • _ ~ • • ' ::JL'+'aR:LtA.C)hi I I CImZ-1 1KAA4 LneERRIA MINI 1 r'oRKER'f f:OMvEHSATgN X A Aft* WZP80700499 7/01/96 7/01/97 Etc'. 2CC:CT.%I IT 1000000 G+TIASI.rooty ;cr.l ! 1000000 lJiALJ?YERS• ElAJI R.Ir Y r.S°Ast•IAc� l*:►L,nt l 1000 OC OTKEi 8 PRC ESSIONAL ADD'L. ti:�•,.1R Z7D ENDO .SEU-ENT A'i':CJrUiCDO.000 PErl L1131LITY i CLAW & ANNUAL COVeRAG S1 290 I 7 1/ i // 7 1 AgtGAtGATZ OESMWION ITEMS These policies have no deductibles with respect to projects undertaken by the naaed insured for the City of Huntington Beach. x . -� ... S)+OLJLD AFJY Of Trfr= i%%rF �r. . i i �OZ ,7rr1[ .rt SF CA".CC. E00Ia -^=£ :+R • �A?:IiAlllrr: U;TC Trlt.'1tJ�F_ �^� 13L�V:, Ca7A:+:\! L\'�L �'�`-�'�- <1AJL 30 D:•Ygt�PITTEr:t,(yr'..-'('iTHi rf,RT�IC�TE1+'') 0-Attir.ri; •C' City of Huntington Beach ;• LEG:. vj'`A •ram- ma's-t^��t^��e�^.-�s-irr�- `_"' OopaCtment of Public Works - ''" - --• -'� 200D Main Strtet r Huntington Beach, CA 92648 AVTHORIZE0PE+'oESfH1AI1V� _ �-=' =''s `='' }�`•` r-""'�y 189557000 77541 . c[y..�0'rZPOR�.TION 169? A 03/14/97 11:04 DEALY, F.ENTOH $ ASSOC- 4 17143741553 I4U.c_.� rL�o_ Additional Insured Owners, Lessees or Contractors (Form B) CG 20 10 11-85 Policy Amendment -General Liability INSURED: CONCEPT NURTNE ASSOCIATES, INC. INSLrRANCE CAiRRLER: Fireman's Fund Insurance Company POLICY NUINIBER: i%LXC90352869 PRODUCER: Dcalty, Menton & Associates EFFECTIVE DATE: January 6,1997 to January 6, 1998 Schedule City of Huntington Beach, its agents, officers and employees 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 uisured by or for you. COINEMERCIAL GENERAL LIABILITY COVERAGE FORM - CG0001 (11/8S) Primary Coverage: Per Section IV Commercial General Liability Conditions - Section a, Other Insurance. Cross Liability Clause: Per Section IV Commercial General Liability Conditions - Section 7, Separation of Insureds. Waiver of Subrogation: Per Section TV Commercial General Liability Conditions - Section 8, Transfer of Rights of Recovery Against Others to Company; Notice of Cancellation: It is understood and agreed that in the event of cancellation of the Policy for any reason other than non-payment cif premium, 30 days writzen notice will be sent to the certificate holder by mail. �i. �,l�aSSZIAI Author' ed Re1) esel;itative Additional Insured Owners, Lessees or Contractors (form B) CG 20 10 11-85 Policy Amendment -General Liability INSURED: CONCEPT 1IARINE ASSOCIATES, INC. INSURANCE CARRIER: Fireman's Fond Insurance Company POLICY NUMBER: NIXC80352869 PRODUCER: Dealey, Renton & Associates EFFECTIVE DATE: January 6,1997 to January G, 199S Schedule City of Huntington Beach, its agents, officers and employees WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization sho%%m in the Schedule, but only with respect to liability arising out of your work for that insured by or for you. COMMERCIAL GENERAL LIABILITY COVERAGE FORIM - CG0001 (11/83) Primary Coverage: Per Section IV Commercial General Liability Conditions - Section 4, Other Insurance. Cross Liability Clause: Per Section IV Commercial General Liability Conditions - Section 7, Separation of Insureds. Waiver of Subrogation: Per Section IV Commercial General Liability Conditions - Section 8, Transfer of Rights of Recovery Against Others to Company. Notice of Cancellation: It is understood and agreed that in the event of cancellation of the Policy for any reason other than non-payment of premium, 30 days written notice will be sent to the certificate holder by mail. JA&!t311Ag1 Autl:ori ed Rei •esentati►•e I have received Performance, Payment and Maintenance Bond No. 2056-92-056565 Re: Demolition and Complete Renovation of Huntington Beach Pier Plaza - CC-1029 Dated: No. 220-10& 0 0 0 6 3- V Z cc R-4 Y Z O w tx _Z Cr a- Q H O Z to w O O F- Z to W F- W 2 LL }} L Z tT O 4 u� 0 M LLJ Q 7 Q H O Z _N Vl �a EMKOYM INSURANCE OF WAUS4J A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS; That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau. County of Marathon. State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint E. S. Albrecht, Jr., C. K. Nakamura, Daniel Ortiz, Kathy Calvert, ' its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute. seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS. RECOGNIZAI\CES OR OTHER WRITTEN OBLIGATI NSINTHENOTVRETHEREOF not to exceed the penal sum of ten million . .,u to hind the corporation thereby as fully and to the same extent as if such bonds were sinned by the President, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. This powerof attorney is granted pursuant to the following restitution adopted by the Board of Directors ofsaid Company at a meeting duly called and held on the 18th day of May.197:3, which resolution is still in effect: -RESOLVED. that the President and any Vice President — elective or appointive -- of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to executeon behalf of EMPLOYERS INSURANCE. OFWAUSAU A Mutual t:ompany bonds. undertakings and all contracts of suretyship; and that any secretary or assistant secretary be. And that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." " F IIRTHF:R RESOLVED. that thesignatures of such officers and the seal of EMPLOYERS INSURANCE OFWAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such plower of attorney or certificate hearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when to affixed and in the future with respect to any hand, undertaking or contract of suretyship to which it is attached:' IN WITNESS WHEREOF. F MPLOYF:RS INSURANCE. OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and attested by its assistant secretary, and Is corporate seal to be hen :o affixed this Is t day of April 1997 . c EMPLOYERS INSURANCE �OFl1WAUSAU A Mutual Company y yC! L Stephen Ryan Attest: R. J. B steman Assistant Secretary STATE OF WISCONSIN ) ) ss. COUNTY OF MARATHON ) Via On this 19 t day of — A1ri l _ _ .19 97--, before me personany came J. Stephen Ryan _ - to me known, who being by me duly sworn, did depose and say that he is a nice president of the EMPLOYERS INSURANCE OF WAUSAU A l6lutualCompany, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was to affixed by order of the Board of Directors of said corporation and that he signed his acme thereto by like order. IX WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year herein first above written Patricia A. Herding Notary Public NOTARY PUBLIC STATE (1F Wlti('()NSIN t STATE OF ►i'ISCONSIN STATE E tti'WISC :t l s:z, RtY CON51ISSION EXPIRES MAY 24, 1999 CITCOUNTY OF MARATHON 1 CERTIFICATE 1. the undersigned. assistant secretary of FMPI.OYF RS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation. do hereby certffv that the foregoing And attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED 1y TFIF: MARGIN TIIF.RF:OF IN REI) INK.'remains in full force and has not been revoked: tend furthermore that the resolution of the Board of Directors set firth in the power of attorney is still in force. Signed and sealed in the City of Wausau. Marathon County. State of Wisconsin, this 2nd day of June ' .19 97. e X Z-' r SEAL R. J. Besteman l— Assistant Secretary NOTE: 1F YOU HAVE ANY (JUFSTIONS RfGARIIING THE: VALIDITY OR WORDING OF THIS POWER OF ATTORNEY. CALLTnl.l. FREE (81X)1 K2fi-l"l. (IN WIS('ONSIti. CAI.[. (S(H)) ii2•p(W1). w CALIFORNI i4LL-PURPOSE ' 0. KNOW E�3.GMENT State of California County of Los Angeles On June 2, 1997 before me, Harriet Lambell, Notary Public, personally appeared C.K. Nakamura 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 helshelthey 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. wvrn�r uuCt1 icommwon r iovsne ► Way A.txlk- — ce rmlo tat an�,R count' My comet t a}a Mar 302= Harriet Lambell [:C:.ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On .TUNE 05, 1997 before me, _Matilde L Lavenant, Notary Public, personally appeared Charles W. de Garmo, Vice President 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. LIATILDE L. LAVENANT COMM.01017248 f as Notary Public — California S ORANGE COUNTY '- r� MY COMM. f gyp. Oct. 17, 1937 Any correspondence in relation to this bond should be directed to: BOND DEPT WAUSAU INSURANCE CONIPANIES PO BOX 9017 WAUSAU W1 54402-8017 1400-4354 401 Wausau Insurance Companies Bond No. 205 6-92-05 65 65 Executed in Two (2) Counterparts Premium included in Performance Bond Maintenance Bond KNOW ALL MEN BY THESE PRESENTS: That we, _ Valley Crest Landscape, Inc. 1920 South Yale St., Santa Ana CA 92704 _ _ as Principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation organized under the laws of the State of Wisconsin, and authorized to do a surety business in the State of California , as Surety, are held and firmly bound unto Cily of Huntington Beach in the sum of Four Million Eight Hundred Seventy Five Thousand and No/100 Dollars ($4 875,000.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this _ June 2. 1997 WHEREAS, on the the said Vallev Crest Landscape, Inc. as contractor, entered into a contract for Demolition and Complete Renovation of Huntington Beach Pier Plaza - for the sum of Four Million Eight Hundred Seventy Five Thousand and No1100 - Dollars ($4.875.000.00); and WHEREAS, under the terms of the specifications for said work, the said , Valley Crest Landscare. Inc. is required to give a bond for 'Four Million Eight Hundred Seventy Five Thousand and No1100 Dollars ($4 875 000.00 , to protect the - City of Huntinglon Beach against the result of faulty materials or workmanship for a period of one year from and after the date of completion and acceptance of same. NOW, THEREFORE, if said Valley Crest Landscape. Inc. shall for a period of one year from and after the date of completion and acceptance of same by said _ City of Huntington Beach replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. 10 C. i ^.r,� . \r..w C•-. :.T _J . Charles w, de Garmo, Vice President EMPLOYERS INSURANCE OF WAUSAU A Mutual Company _ Surety (Seal) By: C.K- Nakamura (Adorney-in-Fact) SCO020 11-93 CALIFORNIA�ALL=PUkP-OSE'ACKNOWL' EDGMENT : `' State of California County of Los Angeles On June 2, 1997 before me, Harriet Lambell. Notary Public, personally appeared C.K. Nakamura 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 helshelthey executed the same in hislherltheir 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. Corm*: ion 61093 6 z W10y PLtAC -- CarOMk3 t La Angelo County My Gpnxn Expkei May 302M Harriet Lambell JCALIFORNIAALL-.--PURPOSE ACKNOWLEDGMENT] State of California County of Orange On JUNE 05,1997 before me, Matilde L. Lavenant, Notary Public,_ personally appeared Charles W. de Garmo, Vice President 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 helshelthey 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. MATILOE L. LAVENANT COIAM.81017248 F b Notary Public - California ?r ORANGE COUNTY IlW( AJ.1 i My COMM. lap. Oct. 17, i9°7 Ariy cc-mcspondence in relation to this bond s'ouid be directed to: BOND DEPT WAUSAU INSURANCE COMPANIES PO BOX 8017 WAUSAU W1 54402-8017 1-800-1354401 Wausau Insurance Companies Bond No. 2056-92-056565 Premium included in Performance Bond Executed in two (2) counterparts Payment Bond - Public Works - State of California KNOW ALL MEN BY THESE PRESENTS: That Ive, _ Vallev Crest Landscape, Inc., 1920 South Yale St., Santa Ana CA 92704 - as Principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, incorporated under the laws of the State of Wisccnsin and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all persons named in California Civil Code Section 3181 whose claim has not been paid by contractor, company or corporation, in the aggregate total of Four Million Eight I lundred Seventy Five Thousand and No/100 Dollars ($4,875,000.00 ) for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas, the above bounden Principal has entered into a contract, dated . 19 with the City of Huntineton Beach, California to do the following work, to -wit: Demolition and Complete Renovation of Huntineton Beach Pier Plaza Now, Therefore, if the above bounden Principal, contractor, person, company or corporation, or his or its sub -contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, or any amounts required to be d--ducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, that, the Surety on this bond will pay the same in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assignees in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designa,ed in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this 2nd day of June . 1997. • ai .1:�.7-iiX f J tA. , Charles W. de Garmo, Vice President EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Surety (Seat) By: C.K. Nakamura (Attorney -in -Fact) S00050 11A3 10ALIFOR'N't"''LL-PURPOSE ACKNO1l LEDGMENT' State of California County of Los Angeles On Jute 2, 1997 before me, Harriet Lambell, Notary -Public,, personally appeared C.K. Nakamura 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 helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir 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. Cortrftmon ID=6 NotQy gbsc i Carosrio toeAnge" County Harriet Lambeti 10 i [CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On _DUNE 05,1997 before me, Matilde L. Lavenant, Notag- ublic, personally appeared Charles W. de Garmo, Vice President 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. '�- IVATIDE L. LAVE14ANT d '4C010A.81017248 M "\'o Nalary Public - California - ORMIGE COUNTY L' _ VY Comm. EIp. OCR. 17,1997 Any correspondence in miation to this bond should be directed to: BOND DE PT WAUSAU INSURANCE COMPA.ti1ES PO BOX SO17 WAUSAU W1 34402-8017 1-900-43S-4401 Wausau Insurance Companies Bond No. 2056-92-056565 Executed in Two (2) Counterparts Premium: $18,000.00 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That we, Valley Crest Landscape. Inc. 1920 South Yale St., Santa Ana CA 92704 as . Principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation organized under the laws of the State of Wisconsin, and duly authorized under the laws of the State of California to become sole surety on bonds and undertakings, as Surety, are held and firmly bound unto the City of Huntington Beach, 2000 Main Street, Huntington Beach CA 92648, as Obligee, in the just and full sum of Four Million Eight Hu_ndred_SeventY Five Thousand and No1100 Dollars ($4 87S 000.00 lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. The Condition of this Obligation is such that whereas the said Principal has entered into a contract of even date herewith with the said Obligee to do and perform the following work, to -wit: Demolition and Complete Renovation of Huntington Beach Pier Plaza as more specifically set forth in said contract, to which contract reference is hereby made; NOW, THEREFORE, if the said Principal shall well and truly do the said work, and fulfill each and every of the covenants, conditions and requirements of the said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. . Sealed with our seals and dated this 2nd day of June , 1997. Charles W. de Garmo, Vice President EMPLOYERS INSURANCE OF WAUSAU A Mutual Company . Surety (Seal) C.K. Nakamura, (Attomey-in-Faet) SCO021 11-93 I CITY OF HUNTINGTON BEACH 2000 Main Street P . 0 . B 0 x 1 90 California 9 264 8 Les M. Jones It Public Works Department Director (714) 536-5431 March 14, 1997 Mr. Michael C. McGovern Mikala & Company 27402 Westridge Laguna Hills, CA 92653 Re: Pier Plaza, Cash Contract 1029 - Notice of Bid Rejection Dear Mr. McGovern, Pursuant to the Notice Inviting Sealed Bids, for the above referenced project, Mikala & Company has failed to accompany its bid with the required certified check, cashier's check, or bidder's bond made payable to the City of Huntington Beach for an amount no less than 10% of the amount bid. Failure to meet this requirement, has rendered Mikala & Company's bid incomplete and invalid for consideration in the award of contract. Should you have any questions regarding this matter, please feel free to contact me at (714) 375- 5078. Thank you for your interest in providing service to the City. Sincerely, Doug as S. Stack, P.E. Associate Civil Engineer cc: Robert E. Eichblatt, City Engineer Doug Kato, Principal Civil Engineer - Design Maybrice Henry, Deputy City Clerk Project File CERTIFIED MAIL: P 562 234 528 06Y92/1997 11:33 714-374-1573 HS PUBLIC WORKS .i V PAGE 02 SECTION C PROPOSAL for the Coastal Side of Pacific Coati Highway from First Street to Seventh Street CASH CONTRACT No. 1029 in the CITY OF HUNMNGTON BEACH TO THE HONORABLE MAYOR AND MEMfBBRS OF THE COUNCIL OF HZJNTINGTON BEACH: - In compliance with the Notion inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work dwrein descr1ed, and to fltm sh all labor, material, equipment and kcl&at insurance necessary therefor, in accordance with the plans and spxifications on file in the office of the City Engineer of tho City of Huntingtim Beach. The undersigned agrees to perform the work therein to the satisbcdon of and wader the supervision of the City Engineer of the City of Hunttgton Beach, and to eater into a contract at the following prices. The undersigned agrees to Complete the work within the 190 working days, xtardng from the date of the Nofi= to Proceed. BIDDER declares that this proposal is based upon careful e=m}nadon of the work site, plans, specifications, Ltstructions 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 maanner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule arc solely for the purpose of comparing bids and that final compensation under the contract will be based upon the a Dual work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CON- C-1 ���' to itfli. ► ��Ltl►..+i h L 102209 E6/e,1/1997 11: 33 714-•374-i573 • HB PIJELIC WORKS • ; PROJECT BID SCHEDULE PAGE 03 Ctom Estimated 19tam with 4W vrico written i4 W0rda Unit Prig Extended Amount I L.S. Pier Plea iuclusivs of an project work Dollars TOTAL AMOUNT HID IN FIGURES: $ S► a , V dv — OTAL AMOUNT sill IN WORDS. 1. ". a e lot $�.y C�4 k item Description Unit Prins E:tended Amount No.. � � s:.... ...... . " A. Deduct Ahertute #0 0 Masonry sa-A walls &D replace pre -cad Concrete sand walls. laem Dcscriptiaa r f Unit NCO 1:1. Deduct Altsrn#s #Two E Masonry Wilts in pulrisw arm to replace poured -in place Concrete wails in VIA* area. l am Desaipeiaa . = --w Unit Price Extended Aarouat 110. ;.... ... :. C. Qcduct Alternate #Tt m �V Ratrootta/Caacession IIuitdia� � � t.J t1, Q W Law Law Desrriptioa_; Unit Pricy Amount I t Deduct Alternate Vour d Dekta precut concrete sea walls. C-12 102209 ,.06/02/1997 11:33 714-374-1573 HB PUBLIC WORKS LW OF SUBCONrRAC.TORS PAGE 04 In accordance with Government Code Suction 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 excems of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. f,.WOlk Q71fC if.Sukoiiim640'&d Ad#4t?z�- . "Nrllitlla[r CZIXSS J I Yr~ t sh^tp Gb G By submission of thus proposal, the Bidder certifies: 1. That he is able to and will perform the balarloe of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnishod cupid of all subcontracts entered into and bonds famished by suboontractor for this project. C-3 102209 05/02/1997 11:33 714-374-1573 HB PUBLIC WORKS , PAGE ee NONCOLLUMON AFFIDAVIT TO BE EXECUTED BY BIDDMt AND SUEMUMD WrM BID State of California U. County of Orange Charles W. de Garmo , being first duly sworn, deposes and says that he or she is Vice President of VALLEY CRST LAB asbAg the foregoing bid that the bird is not made in the interrst of, or on the behalf of, any undisclosed person, partnership, company, asswation, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly iMuced 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 share 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 seem any advantage against the public body awarding the contract of anyone interested in the proposed conbut; that all statements contained in the bid are true; and, further, that the binder has not, directly or indirectly, vkrnitted his of her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative th=w, or paid, and wiii not pay fee to any corporation, partnership, company amx:iation, organization, bid depository, or to any member or agent d=wf to effectuate a coUtWve or share bid. VALLEY CREST LANDSCAPE. INC. Name of Biddy - Sigttature of Bidder - Charles W. de Garmo, V.P. 1920 South Yale Street, Santa Ana, CA 92704 Subscribed and sworn to before me this 12th day of Marc, h -., 19_2___. NOTARY Irene Olivas Seatter NOTARY SEAL 102209 BE/02'1997 11:33 714-374-1C73 HE PUBLIC tti'CRKS PAGECS LM AGREEMENT HONORABLY: hi,YOR AND CITY COUNCEL MY OF HITNTINGTON EACH, CALHORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, k r4wn as Pilot PLAZA, (l)(we)(k) will employ sad 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 familial with the operation to be performed and the hazards involved.' The undersigned also promised and gees 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 arc binding upon any subcontractor or subconau-& h drat may be retained or employed by the undersigned, and that the urAc signed shall t ike steps as are rtecessary to assure compliance by any said subcontractor or subcosttrdctors with the requirements contained herein. �: '•TM)IMPp VAL Ccatractor ". BY Marles W. de Garimo Vice President Title C•S -1-022Q9 L6/0'/1997 11:33 714-374-1573 HB PllE-IC WOPKS PAGE 07 DISQUALMCAnON QUEMONNAM In accordance with Government Code Section 14310.5, the Bidder shall complete, under panalty of pedury, the following questionnaire. QUESTION -NAM Has the Hidden, any officer of the Bidder or any employee of ft Bidder who has a proprietary interest in the Bidder ever been disgu Nfied, removed or odwwise prevented from bidding on or completing a Federal, State or local govemn=t project because of a violation of law or a safety rrguMon? ❑ Yes W No If the answer is yes, explain the circumsWbees in the splice provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 102209 051E.'/1�97 11:33 714-374-1573 HB PUBLIC WORKS PAGE 98 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 cenMcau: I am aware of the provisions of Socdm 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 wiLh such provisions before commencing the perfmumce of the work of this oontract. Date: March 12, 1997 .j VALLEY CRES. LAMXAM, IN. C. Contractor By Charles W. de Gar= - --Vice President Title C-7 102209 06/0:,/1997 11:32 - 714-374-1573 HB FUELIC WORKS : • `„ J PAGE 09 UNDERGROUM MVICE Al"T H ENT]FICATTON 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 Identiliication Number, call Underground Service Alert at 1.900-422-4133 a minimum of two working days before schedule! excavation. Dig Alert lden#Acatsoa Number. VALLEY CREST LANDSCAPE, INC. Contractor By Charles W. de Garmo Vice President Tile Date: *I —x ).— V+" Note: This form is required for every Dig Alert Idendflentlon Number issued by U.S.A. during this course of the Work. Additional foms may be obtained from the AGENCY upon request. C-8 102209 QE/02,'1997 11:33 714-374-1573 HE PLIELIC WORKS PAGE 10 BIIMER'S RWORM pflON BIDDER certifies that the Mowing informahon is true and correct: -VALLEY CREST L1ln�=. INC. Bidder Name 1920 South Yale Street Busmen Addrrms 7r� i4 546-7975 Telephone Number 133947 A, B, C27 State Conwamr's License No. wd C1ass April '49 Original Date Ismfld 03/31 /98 Expiration Date The work site was fnspogW by Dick BruttiS of our office on , 19 97 The Mowing are persons, firms, and corporadons having a principd interest in this proposal: Richard A. Sperbor, President Betty M. Heron, Y.P./Admin. David B. Rose, V.P./CPO Charles W. de Garmo,• V.P./Branch Mgr. C-9 102209 06/e4V1 S37 11: 33 714-374-1573 HB PL,SL.IC WORKS PAGE 11 The undersigned are prepared to satisfy *4 Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the eoatrsct for the proposed work W improvements in accordance with the plans and sp -I set fortis. Subscribed and sworn to NOTARY Company Name M&M CUM L&MLSQAPE. INC. Signature of Bidder Charles W. de_Garmo, V.P.- Printed or Typed S:ignaturt . 1920 South Yale St.. Santa Ana. CA 92704 Address of Bidder 7i(_ 4 _ 3 546-7975 Telephone Number me this 12th Irene viivas C•10 r day of March 1997 NOTARY SEAL 102209 06/0'4/1997 11:33 714-37:-1573 ID PU8'_IC WORKS PAGE 12' _ f Usted below are the names, address and telephone numbers for throw public agencies for which the bidder has performed similar work within the past two yeas: Y. See Attached Name and Address Name and Telephone No. of Project Manager. �_ ] Contract Amount Type of Work Date Completed 2. Name and Address I Name, and Telephone No, of Project Manager: Contract Amount Type of work Date Completed Name and Address Name aW Tekpb= No, of Project Manager. Contract Amount Type of Work Date Completed C-11 10220_9 PAP ?TIAL m 1 1..T OF COMPLETED PROJECTS _ V_ AU2Y_CREST L4N_DSCAPE ©, ., 1� , Rw ..y,T-..G.t':iE.,1�.irl.:+i:`��yy'a,� :.i:z�� _ _ _ _*�:,"�..'—`.ex•�_ •i:ii�"t"'_ _ � _ — _ ... — _ _ � Al 1 PR XECT Dpsmlfl 'I'ION COM [XTYON EST. L IrAlloN DATE VALUE Cuawr/PIION1i NUMBHR UOM AWD W►WWES AR(llrnHCT/PIFONR NUMBER - w P.E. OUTDOOR FACILITIES. IRVINE VALLEY COLLEGE 13-126 SCHOOL FEBPMARY 93 1.845,9w IRVINE 210CAIENDAR DAYS � SADIXF.BACKCOMMUNITYCOLLPOF FXMICr 7I4=-4%M 50017)AY -NONE A W PARKI'M ARCHnECia 213A71-6500 A SAV DIEGO CREEK LANDSCAPING 13-127 CFEEKCHAMVE#. SEPTEMBER 94 i,640,0W w IRVINE 170 WORMO DAYS CnYOF 714-724-60W IAGWDAY- NONE EDAW 714-66O-ED44 • RA,VCF•FO CUCAMONGA SPORTS COMPLEX 13--139 SPORTS FIELD APRIL 94 1,767,M RAMC1 #O 01CAMONGA PRIME'S SCHEDULE CfdY OK 909-909-1851 5OVDAY - NONE R3M DESIGN GROUP 714-592-7516 CITRUS PARK PHASE 1 13-217 PARK AUGUST 95 1,299,721 RIVERSIDE ISO CALENDAR DAYS CCIY OI? 90917b'2-5567 SA DAVIDSON AS.SOCIA 1N.INC. RP#WSIDE 71406-9454 5004)AY - NONE F RkNK R. BOWERMAN GAS RARESTATION t3-221 GASRECOVERY JuLY95 1,562.241 IRVLNE 365 CALENDAR DAYS OOUNIY OP ORANGE FWMD 714AM-40M 2000 DAY - NcWE COUNTY OF ORANGF3 LONG BEACH MEMORIAL HOSPITAL 13-241 MEDICAL F►41C. MARCH 94 1,381,671 LDNQ HFAQL W CAU!NDAR DAYS MEMORIAL ME)TCAIXENT PR OF 310/427-49M (AIDAY - NONE 1� CARIER-ROMANF?K 310r93-0l(A O N FAIRVIEWJTALBERT REGIONAL PARK 13-306 PARK MARCH 95 1,088,050 LN-A T'A MRSA 260 CALENDAR DAYS �. Q COUNTY OFORANGE 714SM-IV* WMAY-NONE w .4D KAI7UATFR-NVWEKK-KFIlR. CORONA DEL MAR 714060- M54 . 06/02/1997 11:33 714-374-15 7 3 HB FLGL-IC WORKS PAGE 14 BID BOND Confom: vAth The American Institute of Architectr, A.I.A. Document No. A-310 ];NOW A•LL BY MfUE PRESENTS, That toe, VA1121 Crest Laadsgjag,1m. , as PrindpaL hgeinatter called the PdacipaL and the 'EMPLOYERS INSURANCE OF WAUSAU, A Mutual Company of 74 N . Pasadena Ave, g400, Pasadena, CA 91103 . a corporation duly organized tinder the laws ofthe State of Wisconsin . as Surety, hexrinada called the Su", are held and &ndy bouvdundo City of Huntington Beach as Obligm heneinaiicr railed the Obligor, in the sun of 10%ofBid Amount ---------------- _---- __... _________....................... Dollars (S 10% of Bid Am cunt 3, for the paymcnt of which som well and truly to be made, the said Principal and the said Surety, Und ourseh•es, our heirs, executors, administrators, successors and assigas, jointly and severally, firmly by thesc prcr -nts. V,► MPJ'AS, the Principal hrs submitted abid for pier Plana Improvement -Cash Contract No 1029 NOW, 'I1-1ER1F'OM if the Obligee sl'.all accept the bid of the Principal and the Princ4W shall eMa into a Contract intl the Obliges in a=rdancc vith tl►e terms of such bid, and give vxh bond or bonds as may be specs fied in the bidding or Contract Dorum:.= with good and sufficient sure• for the faithU perfarma= of such Contract and for the prompt part of labor and materi<: furnis ,4d in the prosecatioa thereof, or in the event of the failure of the Principal to enter mch Contract and give such bond or bont.s, if the Principal sW1 pay to the. Obligee the difference not to excoed the penalty hereof bet:waart the amount specified in said bid ane such larger amount for which the Obligee may is good faith: contract with another putp to perform the Work covered by said bid, the ri this obligation shall be null ands void, otherwise to remain in full force and e$'oct. Signal and sealed this „ 2OtI+ _ day of . Eel wau 1997 Valley Crest Lands. -ape, Inc. (SCSI) Witaess - Principal With Charles K. de Garmo, V.P. : " . Title d-OQS41Gt_i 1l1T EMPLOYERS INSURANCE OF WAUSAU, A Mutual Carnoany ` C.K. Nakamura Attorney -in Fact 102209 w - � State of California County of Los Angeles On FebrUlry 2Q, 1227 Jefore me, Harriet Lambell, Notary Public, personally appeared �.. .. QX Nghpmura - ,.._...._.,_ 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 helshelthey executed the same in hislherttheir 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. . .rand put' N, OW i1 n 4 ,i022n9 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 California 92648 Les M. Jones 11 Public Works Department Director (714) 536-5431 March 14, 1997 Mr. Michael C. McGovern Mikala & Company 27402 Westridge Laguna Hills, CA 92653 Re: Pier Plaza, Cash Contract 1029 - Notice of Bid Rejection Dear Mr. McGovern, Pursuant to the Notice Inviting Sealed Bids, for the above referenced project, Mikala & Company has failed to accompany its bid with the required certified check, cashier's check, or bidder's bond made payable to the City of Huntington Beach for an amount no less than 10% of the amount bid. Failure to meet this requirement, has rendered Mikala & Company's bid incomplete and invalid for consideration in the award of contract. Should you have any questions regarding this matter, please feel free to contact me at (714) 375- 5078. Thank you for your interest in providing service to the City. Sincerely, Doug as S. Stack, P.E. Associate Civil Engineer cc: Robert E. Eichblatt, City Engineer Doug Kato, Principal Civil Engineer - Design Maybrice Henry, Deputy City Clerk Project File CERTIFIED MAIL: P 562 234 528 PIER PLAZA. PROJECT CASH CONTRACT 1029 ADDEND Uhl NUMBER 1 Alurch 3, 1997 3. Change Construction Note C33 to read: " APPLY 7/8 INCH THICK PORTLAND CEMENT PLASTER OVER PAPER BACKED LATH. SEE SPEC. SEC. 09200 ". 4. Change Construction Note C48 to read: " INSTALL'VEFO, INC.' EPS FOAM FASCIA. SEE DETAIL 31A-6 AND SPEC. SEC. 06600 ". 5. Change the roof hatch tali out on Detail ISIA-6 to read: " BILCO STAWLESS STEEL ROOF HATCH ". All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the Engineer's Estimate nor the Bid Opening date/time for this project. Should you have any questions regarding this Addendum Number 1, please call me at (714) 375-5078. 5Doue-21 . Stack, F.E. Associate Civil Engineer This is to acknowledge receipt and review of Addendum Number 1, dated March 3, 1997. It is understood that the revisions discussed and outlined in this Addendum shall be included in the project bid documents. VALLEY CREST LAND, CAPE. INC- Company Name By Charles w. de Gartno, V.P. Date3/12/97 0024096.01 Page 2 CERTIFICATE OF RESOLUTION I, BETTY MALLORY HERON, the Secretary of VALLEY CREST LANDSCAPE, INC., a California corporation, do hereby certify that on August 28, 1995, the following resolutions were adopted by unanimous consent of the Directors of VALLEY CREST LANDSCAPE, INC., in accordance with Article 11, 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, Don Caron, William N. Cohen, Jeff Colton, Jerry Cox, Charles W. de Garmo, Thomas C. Donnelly, Betty Mallory Heron, Neville A. Laatsch, George W. Reber, David Rose, Richard A. Sperber, Harold E. Stein, or any of them to execute and deliver in the name of and for and on behalf of this Corporation, any and all bids, bid bonds, contracts, contract bonds_, and authorizations pertaining to contracts, liens 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 duly authorized to act. DATED: August 28, 1995 ba-rry RR A'N Ur -a ?,j co,+rot-ori, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT JF State of California County of Orange On March 12, 1997 before me, Irene Olivas Seatter, Notary Public , Date Nan* are Tmo of 01.w (a.g., *Jam Doe, Notary PLOW) personalty appeared Charles W. de Garmo Narne{a) a S"rt:) EXpersonally known to me — OR —❑ proved to me on the basis of satisfactor/ evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she.nhey executed the same in his/her/their authorized capacity(ies), and that by VM01NASsEAT7ER his/her/theirsignature(s) on the instrument the person(s), COW40 10ee26s or the entity upon behalf of which the person(s) acted, ` Way Pumc—CalbTia executed the instrument. ORAWA COUh1Y II:Ay Comm. E99*8 t JUL 23. t944 WITNESS my hand and official seal. r, '14 S"ture 01 Wary Pubw OPTIONAL Though the information below is rot required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Pier Plaza Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual 11 Corporate Officer Title(s): Vice Presiders G Partner — ❑ Limited 0 General G Attomey-in-Fact C Trustee Guardian or Conservator C Other: Top of tnumo here Signer Is Representing: VA'.LEY CREST L.A. SCAPF3a INC. Number of Pages: Signer's Name: 17 Individual 0 Corporate Officer Title(s): .71 Partner — 0 Limited 0 General 0 Attomeyin-Fact Trustee ZI Guardian or Conservator ZI Other: Top of 1rlsmo here Signer Is Representing: u 0 1994 h Mnar Notary Assoaargn+6.36 Per~ Ave, PO. Boa 71B4 +Canoga Park. CA 91309.7184 Prod. No. S?07 neoroer Gs Tot -Free 1. *0-8764W EMPLMRS INSURANCE OF WAUSAU A Mutual Company Y Z_ O w cc Z cc Q a a Q O Z cn W O 0 F- Z tit w Q H- tn tL w Z O Q O >r w O tl D '.t Q Q F- O Z cn POWER OF ATTORNEY (FOR BID BONDS ONLY) KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company. a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau. County of Marathon. State of Wisconsin, has made, constituted and appointed. and does by these presents make, constitute and appoint _ E.S. ALBRECHT, JR.,_C.K. NAKAMURA, JERI SUMNER- DANIEL ORTIZ, KATHY CALVERT, HARRIET LA?tBELL its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name. place and stead, to execute. seal, acknowledge and deliver ANY AND ALL BID BONDS OR WRITTEN DOCUMENTS INVOLVING BID GUARAN- TEES OR IN THE NATURE THEREAFTER ---------------------------------------- mind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May.1973. which resolution is still in effect. "RESOLVED, that the President and any Vice President elective or appointive — of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds, undertakings and all contracts of suretyship: and that any secretary or assistant secretary be. and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:' "FURTHER RESOLVED, thatthe signaturesof such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company may be affixed to any such powerof attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OFWAUSAU A Mutual Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached:' IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and attested by Its assistant secretary, and its corporate seal to be hereto affixed this - 1ST day of AUGUST t996 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company EALy. By Attest: L Stephen Ryan R. J. Besietnan Assistant Secretary STATE OF WISCONSI.N ) ) as. COUNTY OF MARATHON ) Vice President On this UT day of AUGUST 19 96 _ before me personally came I Stephen ityan tome known, who being by the duly swum, did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, the corporation described in and which executed the above instrument that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Dimctors_of said corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year herein first above written. &r, �-- a. Patricia A. Kleman Notary Public NOTARY PUBLIC STATP OF WISCONSIN MY COMMISSION EXPIRES MAY 24, 1998 ;k ��. STATE OF WISCONSIN} CERTIFICATE +'' ••"'- CITY OF WAUSAU COUNTY OF MARATHON ) 1, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation. do hereby certify that the foregoing and attached power of attorney.WH ICH M UST CONTAIN A VALIDAT- ING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not been revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau. Marathon County, State of Wisconsin. this 20 tl day of F2b2 uzLx Y ',1997 ZY /I Z - n _ (0k2R. J. Besteman Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY -OR WORDING OF THIS POWER OF ATTORNEY, GALLTOLL FREE (SM) 826-1661.ON WISCONSIN. CALL (800) 472.0U41) 81542224 06-94 CALFOR NWALL -PURPOSE:ACKNOWLEDGMENT State of California County of Los Angeles On February 20, 1997 before me, Harriet Lambell Nota Public, personally appeared G.K. Nakamura 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 helshelthey executed the same in hislherltheir 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. -226 ' } � Yr BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Valley Crest Landscape, Inc. as Principal, hereinafter called the Principal, and the EMPLOYERS INSURANCE OF WAUSAU, A Mutual Company of 74 N. Pasadena Ave. #400, Pasadena, CA 91103 , a corporation duly organized under the laws of the State of Wisconsin , 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 10%of Bid Amount ---------------------------------------------------------- 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 Pier Plaza Improvement -Cash Contract No 1029 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 Work covered by said bid, then this obligation shall be null and void, othernise to remain in full force and effect. Signed and scaled this 20th day of _ February 1997 Valley Crest Landscape, Inc. (Seal) Witness Principal Witness Charles W. de Garmo, V.P. Title EMPLOYERS INSURANCE OF WAUSAU, A Mutual Company ByC.K. Nakamura Attorney -in -Fact S•005410EEF 1197 SECTION C PROPOSAL for the PIER PLAZA Coastal Side of Pacific Coast Highway from First Street to Seventh Street CASH CONTRACT No. 1029 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MFIhMERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the 190 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CON- C-1 TRACT. 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 small 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 rr7 in the amount of S tBCi 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.: :;'; DweRemiwd :: i :..: Bidder' narurt 3-%--a�- C-2 T AA,%PROJECT BID SCHEDULE Item_ Estimated Item with unit price written in words Unit Price Extended Amount No. Quantity 1 L.S. Pier Plaza inclusive of all project work [� l _ r 'Q Dollars py .�1 Cents S �1�,VoVr jSta�,ot�? TOTAL AMOUNT BID IN FIGURES: TOTAL AMMOUNT DID IN WORDS: ��Q 0- , �\ 0" 1 �� 4 C& k i�(\-J kv,0\3, C,4 Item Description Unit Price Extended Amount No.' A. Deduct Alternate #One Masonry sand walls to replace pre -cast concrete sand walls. Item Description Unit Price Extended Amount B. Deduct Alternate *Two Masonry Walls in parldng areas to replace poured -in place concrete walls in parking trea. Description . _ Unit Price Extended Amount Item No. C. Deduct Alternate #spree Restroom/Concession Building C, 00 Item Description Unit Price , . Extended Amount 140. D. Deduct Alternate ffour � to) Delete precast concrete sand walls. C-Is L ST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SURNII 'TED WrM BID State of California County of Orange Charles W. de Garma , being first duly sworn, deposes and says that he or she is Vice President of VALLEY CREST LAM60QAffx r$Wpg 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. VALLEY CREST LANDSCAPE, INC. _ Name of Bidder Signature of Bidder Charles W. de Garmo, V.P. 1920 South Yale Street, Santa Ana, CA 92704 Address of Bidder Subscribed and sworn to before me this 12th day of March , 19 97 NOTARY Irene Olivas Seatter NOTARY SEAL C-4 MEM owns SZAr M " COM.tis. 0 1OW45 ORANGE COUNTY My Comm. Exaces jUL 2s.1999 f UTIM Y AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNT iGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PIER PLAZA, (1)(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: March 12 1997 VALLEY CREST LANDSCAPE. INC. Contractor By Charles W. de Garmo Vice President Title C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section I4310.5, 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 Q 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-6 COMPENSATION INSURANCE CERTH ICAT'E 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: March 12, 1997 VALLEY CREST LANDSCAPE. INC. _ Contractor By Charles W.- de Garmo - - Vice President_ - - Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig AIert 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 worldng days before scheduled excavation. Dig Alert IdentVcation Number. Date: 3 —\)-- '[f:lr VALLEY CREST LAMSCAPE, INC. Contractor By Charles W. de Garmo Vice President Title Note: This form is required for every Dig Alert Ideatiiication Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORIMUON BIDDER certifies that tl•.e following information is true and correct: VALLEY CREST LANDSCAPE, INC. Bidder Name 1920 South Yale Street Business Address 7{ 14 ) 545-7975 Telephone Number 133947 A, B, C27 State Contractor's License No. and Class April '49 Original Date Issued 03/31/98 Expiration Date The work site was inspected by nick Bruttig of our office on , 1997 The following are persons, firms, and corporations having a principal interest in this proposal: Richard A. Sperber, President Betty M. Heron, V.P./Admin. David B. Rose, V.P./CPO Charles W. de Garmo, V.P./Branch Mgr. C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name VALLEY CRFSr LANDSCAPE, Ih'C. Signature of Bidder Charles W. de_Garmo, V.P. Printed or Typed Signature 1920 South Yale St., Santa Ana, CA 92704 Address of Bidder 71i___ 4_..._.,} 546-7975 Telephone Number Subscribed and sworn to before me this 12th day of March 1997 ROTARY PUBLIC/ IMMIx Irene U11vas beatter NOTARY SEAL QDIM owes SEA= Notary M11C — cclrcxNa o.Cftwr t courmr t A, Coma. Expbel JUL 23. jM C-10 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: I. See Attached Name and Address Name and Telephone No. of Project Manager: L 1 Contract Amount Type of Work Date Completed 2. Name and Address 3. Name and Telephone No. of Project )`tanager: Contract Amount Type of Work Date Completed Name and Address Name and Telephone No. of Project Manager: ( ) Contact Amount Type of Work Date Completed C-I I PAI ITIAL L1: T OF COMPLETED PROJECTS k/A L FY COl tSS`T L.A#����nj+L .-.-.................:....................... --pp PR EJECT DESCRWTION CONFECTION M. LOCATION fNlTlALcGMTRACTTtMEI DATE VALUE CLQ?NT/PILONI3 NUMBER uotnnATFD DAMAGES ARCllrM.CTIPLIONT3 NUMBER P.E. OUTDOOR FACILITIES, IRVINE VALLEY COLLEGE 13-125 SCHOOL. FEBRUARY 93 1.845,950 IRV1NF 210 CAIENDAR DAYS SADDLEBACK COMMUNITY COLLEGE DISTRICT 7141582-4500 500/DAY - NONE PARVJN ARCIITIECTS 2131471-6500 SAA DIEGO CREEK LANDSCAPING 13-127 CREEKCHANNEL SEPTEMBER 94 1,600.000 IRVINE 170 WORKING DAYS CITY OF 714-724-6000 1,000lDAY- NONE EDAW 714-660-8N4 RA,VCHO CUCAMONGA SPORTS COMPLEX 13-139 SPORTS FIELD APRIL 94 1,767,765 RANCHO CUCAMONGA PRIME'S SCHEDULE CITYOF 909-989-1851 500/1)AY -NONE RJM DESIGN GROUP 714-582-7516 CITRUS PARK PHASE 1 13-217 PARK AUGUST 95 1,299.721 RIVERSIDE 180 CALENDAR DAYS CITY OF 9091782-5567 5001DAY - NONE S.F. DAVIDSON ASSOCIATES, INC.. RIVERSIDE 714/686-5954 FR4NK R. BOWERMAN GAS FLARE STATION 13-221 GAS RECOVERY JULY95 1,562,241 IRVINE 365 CALENDAR DAYS COUNTY OF ORANGE IWMD 714834-4000 20WIDAY - NONE COUNTY OF ORANGE LONG BEACH MEMORIAL HOSPITAL 13-241 MEDICAL FAC. MARCH 94 1,381,671 LONG BEACH 240 CALENDAR DAYS MEMORTALMf:DICALCENTER OF 3I01427-4976 0/DAY - NONE CARTER -ROMANEK .10/M3-0105 FAIRVIEW/TALBER7 REGIONAL PARK 13-306 PARK MARCH 95 1,088,050 COSTA MESA 260 CAIENDAR DAYS COUNTY OF ORANGE? 714/834-2-IM 700/DAY -- NONE KATZMAfIiR-NEWEKK-KE•1IR, CORONA DEL MAR. 714R60-0454 r'a 7 r ACORD } CERTIFICATE OF INSURANCE . ILiUEaATEM►+LCDIYY, . .. 06/02/97 "womER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS AON Risk Services, Incorporated NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. Construction Services Division EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE 707 Wilshire Blvd., Suite 6000 F.O. Box 54670 COMPANY A Gerling America Insurance Co. i,es Angeles, CA 90054-0460 TEL (213) 630-3200 FAX (213) 689 5047 �E Y B Evanston Insurance Co. Valley Crest Landscape, Inc. jlfi TTER C SELF INSURED « D General Star Idemnity 1920 South Yale Street (o00• f 4 Santa Ana, Cal ifClrnia 92744 �is �y'� COMPANY E LETTER COVERAGES THI � IS tO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR INC POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOVIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W41CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBXCT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T aTR TYTE OF MISUKANCE POLICY NUMBER /QUCr MA>D vE DATE MMr00lYYI tATION POLICY M A)DNV? GATE MM1Dp1YYl ALL LINTS 04-1WUSRNDt OE Dam UAI"u" GENERAL. AGGAEGATE i 2,000 A COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPS AGWtEOATE i 1,000 :]CLAIMS MADE MOCCUR. PERSONAL &ADVERTISNQINJURY i 11000 OWNER'S i CONTRACTOP'S PROT. 4002387 411197 411/AT EACH OCCURENCE i 1,0o X. C. U. $AL4RD FIRE DAMAGE Wn aft W $ 30 MEDICAL EXPENSE Ww erg pwwM E S AuTOWIMLEUABILITY COMSM D 8 �F ANY AUTO SINGLE LIMIT t 1.t ALL OWNED AUTOS $K701 D07 411197 411 M t BODILY INJURY SCHEDULED AUTOS " Pw+om HIRED AUTOS III BODILY INJURY NON -OWNED AUTOS IPw oeadMxl PROPERTY GARAGE LIABILITY „r PAP. ILL t� DAMAGE 4%CU2UANUTIf ,nrn '� `_ ;� �° EACH AGGREGATE r,�•I 1`:{ •_.� OCCURENCE C woMcgl S CommsATION 1878-C 7l1i78 CON hruous STATUTORY 250 (EACH ACCIDENT) AND B 2SO DSFASE41000Y UMIT) IBKraoYER'a UASIUTY 4 250 OfSEASE•EACN EMPLOY OTHER '4L R1SK S2,DOD 11M1T P1 R LOB D INSTALL FLOA TFJR MG 349566 411107 �'1 N8 F.iRTTf [1i410E �c FLOOD S1.000 Iltlfi PLEASE SEE ATTACHED A?DITIONAL INSURED ENDORSEMENT PRIMARY ENDORSEMENT AND VAIVER OF SUIROGATION ENDORSEMENT. I' IS FURTHER WERSTOOD AND AGREED THAT A VAIVER 6F SUBROGATION IS IMCLLOED�UNDfq ,jd&WORKERS COMPENSATION POLICY AMC GENERAL LIABILITY POLICY IN FAVOR OF THE CITY OF HUNTINGTON BEACH. CITY niLQ%:LEY 3j, ot-� KL JOB /t02209 Orange County PIER PLAZA M31n St. and Pacific Coast Highw%,Huntln2ton Beach CA CERTIFICATE HOLDER . CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL City Of Huntington Beach MAn Y DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attn: City Council LEFT. 2000 Main Street Huntington Beach, CA 92648 By:AON Ris CO3, „e. ACORI] 25-S (07190) AC0110 CO4 P AT10N ' -\. POLICY NUMBER: 4002387 CL246 (11-851 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CG 20 10 11 85 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE NAME OF PERSONS AND ORGANIZATION. The City of Huntington Beach, its agents, officers and employees &,a );�C� 600• 60 ANY PERSON OR ORGANIZATION FOR WHOM TO INSURED HAS SPECIFICALLY AGREED TO PROVIDE ADDITIONAL INSURED STATUS UNDER THIS POLICY, AS EVIDENCED BY A CERTIFICATE TO INSURANCE ON FILE WITH US. 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 11) is amended t0 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. ERIMARY INSURANCE; "It is agreed that such insurance as afforded by this policy for the benefit of the City of Huntington Beach or any other Additional insured, shalt be primary insurance as respects any claim, loss or liability arising directly or indirectly from the Contractor or its Additional insured shall be excess and noncontributory with the insurance provided hereunder." 'Should any of the above described policies be canceled before the expiration thereof, the issuing company will mail 30 days written notice to the named additional insured." "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." ENDT.13 Copyright Insurance Services Office, Inc. 1984 4-27-921a r - } THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED PRIMARY COVERAGE Gv� � This endorsement modifies insurance provided under the following: � , /��p_ Po COMMERCIAL GENERAL LIABILITY COVERAGE PARTG7ce�/�f/�-f 7 It is agreed that any person or organization described below is an additional insured, but only with respect to liability arising out of operations performed for the additional insured by or on behalf of the named insured. The insurance afforded to such additional insured is primary and shall not contribute in any way with any other insurance which such additional insured have. All other endorsements, provisions, conditions, and exclusions of this insurance shall remain unchanged and apply to the additional insured described below. ADDITIONAL INSURED TYPE OF OPERATION PROJECT LOCATION THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES. AS PER CG2010 (11-85) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) POLICY # 4002387 EFFECTIVE: 411197 ISSUED TO: Valley Crest Landscape, Inc. ISSUED BY: Gerling America Insurance Company ENDT. #5 CG 76 01 08 87 4-10-911ADJ. - WORKERS C13MPENSATION AND EMPLOYERS LIABILITY INSURANCE We 202 (4•441 We 04 a 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA� This endorsement changes the poflCy to which it is attached effective on the inceptiond3ite 0 e Ol C rN@5i��� different date is Indicated below. (The rotlowing "j=0(ng elauss' need to comptelld pray when trus ondbrsamenl is iS:Lued 1Ub&4QuWnt 10 Praparallon Of trio 0011c111 This endorsement. effect on 7/ 1 /78CrAm Policy No. 1878-C ef-Me SELF INSURED issued to Valley Crest Landscape, Inc. Premium of any) S None at 1201 A.M. standard time, forms a part of Aon Risk Services, Incorporated QaAW Cy 1?L$UP-k"Cr COMPANY)X14 // Aur*n;ed Representative We have the right to recover our payments from anyone Ilable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segreg3ting the remuneration of your employees while engaged In Me work described In the Schedule. Schedule Person or Orpnfratton The City of Huntington Beach .0-001- --%• job Cescrfptlon Pier Plaza - '- ISSUE DATEWMIDDYY) ACORD v>.:.CER`t:1FiCATE OF INSURANCE 06/02197 0o CERTIFICATE IS ISSUED AS A MAT -TER OF INFORMATION ONLY AND CONFESS AOTHIS N Risk Services, Incorporated NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Construction Services Division EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE 707 Wilshire Blvd., Suite 6000 P.O. Box 54670 COMPANY A Gerling America Insurance Co. Los Angeles, CA 90054-0460 LETTER B Evanston Insurance Co. TEL (213) 630-3200 FAX (213) 689-5047 p , LcETYER" fURn Val:ey Crest Landscape, Inc. �,/,fy LETTER COMPANY C SELF INSURED COMPANY D General Star Idemnity 1920 South Yale Street (11OD• If O Sar.:a Ana; California 92704 `i�'��`9 COMPANY E LETTER OVERAGES x 'THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, E.OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEPEiN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT)ONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7 TYPO OF INSURANCE PCUCY NUMaER POLICY EFFECTIVE DATE IMMIOD/YYI POLICY EXPIRATION DATE (MM/DONYI ALL LIMITS IN T14OUSAMOS OENSKAL UABI-JTY GENERAL AGGREGATE f 2.000 J COMM ERC ALGENERALLIABIUTY PROD UCTS•COMP/OPSAGGREGATE 1 1,000 CLAIN.S MADE ©OCCUR. PERSONAL i ADVERT1SfN01NJURY f 1,0G0 OWNLR-S IL CONTRACTOR'S PROT. 4002387 4/)/97 411198 EACH OCCURENCE f 1,000 tit X. C, U. HAZ4AD FIRE DAMAGE I" #m rut) f J0 MEDICAL EXPENSE {Any am vusen) 1 J AUTOMOBILE L MUTY comewED - ♦f ANY AUT3 SINGLE LIMIT f - - ALL OWN!a AUTOS SK701007 411197 4/1/98 - I BODILY INJURY SCHEDULED AUTOS IPk person) HIRED AU -OS 1 BODILY INJURY N011,0"RED AUTOS • (PI, eccid&M) PROPERTY GARAGE LABILITY f DAMAGE EzcEss UAB+urY EACH AGGREGATE OCCURENCE f f WORKEIVSCOINAMSAMON 1378-C 711178 Comyh'UOUS STATUTORY .:. _ ....... .. .. 1 2so ;EACH ACCIDENT) AND S 250 ICISEASE-POLICY LIMIT) BAPL7YE R'E UAa11JTY $ 2" {DISEASE -EACH EMPLOYEEIi OTHET4 ALL RUSK $2,000 LIMIT PER JOB 1 ♦I INSTALL FLOATER 1AG 349566 411197 411198 EAR7(UAKE & FLOOD $1,000 LIMIT DLEASE SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT PRIMARY ENDORSEMENT AND WAIVER OF SUBROGATION ENDORSEMENT. IT IS FURTHER UNDERSTOOD AND AGREED THAT A WAIVER 6F SUBROGATION IS INCLUCED,Ut17Q jbIEhVJRKERS COY.PENSATICN POLICY AND GENERAL AABILITY POLICY IN FAVOR OF THE CITY OF HUNTINGTON BEACH. ' :A:� i-•i Er:. �:JL CL JOB 9102209 Orange County �%7` IER PLAZA aim St. and Pacific Coast HighwaX, Huntin3ton Beach, CA :ERTIFICATE HOLDER- CANCELLATION ;< ; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL City of Fluntington Beach I t. r ���; 1� MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attn: City Council LEFT. 2000 Main Street HuntingunBeach, CA 92648 Y; A N I:tSe LCQRD 25-S�1071901� - • • � � ' � • � - A. ces,3nc. 60, �L. r {• • :ACORD CORP ATION 199C s r ACTION AGENDA CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC FINANCING AUTHORITYIPARKING AUTHORITY CITY OF HUNTINGTON BEACH ADJOURNED REGULAR MEETING MONDAY, APRIL 14, 1997 5:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, CA 92648 millihm-1 . • City CounclUEoll Call Julien, Harman, Detticff, Bauer, Sullivan, Green, Garofalo [Present -- Julien: Absent, Sullivan: Absent] PUM [None] [MOfion tO] Cali Closed Sessipn Offr'ty Council/Redgvelopmen A_aency/EublZc FinaIIging Authority/Parking Authority [5-2 (Julien, Sullivan Absent,] Motion to recess to closed session to confer with its City Attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(3)(B). (Facts and circumstances, Including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda: Subject: Pier Plaza Bid Protest. (120.80) The Pier Plaza Project consists of parking lots north and south of the Huntington Beach Pier, a plaza and amphitheater at the foot of the Pier, a beach restroomlconcession building, and replacing the existing restaurant building at the base of the Pier with a building pad for a new restaurant. An invitation for bids to construct the Project was advertised on February 4, 1997. The bid package included "deductive alternatives' for certain elements of the Project, such as using masonry instead of poured -in -place concrete for the sand walls (Alternative "A") and the parking lot wails (Alternative "B'). In this way the City could reduce the cost of the Project by altering the Project design. (Continued on next page) Page 2 - Council/Agency Agenda - 04/14/97 _Bids were received from ten different firms. City Staff then tabulated each of the base bids and deductive alternatives submitted. Roman ECD was the lowest base bidder at $5,200,000, which exceeded the Project budget of $4,850,000. City Staff then announced its intention to recommend that the City Council award the project to Valley Crest Landscape, Inc., which had the lowest bid for the combination of deductive alternatives "A-B" at $4,875,000. On March 17, 1997, the decision of the California Court of Appeal published its decision in FTR International v. City of Pasadena. This case holds the use of deductive alternatives by the City of Pasadena was invalid. Based upon this decision, Roman filed a bid protest on March 19, 1997 and requested a hearing on the matter. The hearing was held on April 8, 1997. The hearing officers decision is expected to be made available to the City by 5:00 p.m. on April 11, 1997. However, the attorney for Roman informed representatives of the City after the close of the April 8th hearing that Roman intended to sue to enjoin the award of any contract to Valley Crest, even if the hearing officer's report rejects the bid protest. The purpose of the closed session is to review the City's legal options should Roman file suit. " II Roll Call!QtMemberra Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo [Present -- Julien: Absent, Sullivan: Absent] 1. (City Cgungj)lEarkitig Authority) Pier Plaza - CC-1039 - Bid Awacd Or Rejection OUBids Communication from the Public Works Director and the Community Services Director submitting the question of whether the city should award the construction contract to the lowest responsible/responsible bidder from the list (of) bidders who submitted sealed bids to the Office of the City Clerk on March 12, 1997 for the Pier Plaza, CC-1029 and award a professional consultant contract for professional Construction Management Services associated with the construction of Pier Plaza; Ki Should the city reject all ten bids received and re -advertise an amended bid? (Continued on the next page) (2) 04/14196 - Council/Agency Agenda - Page 3 1. [Adopted the recommendation of Nearing Officer Ernest C. Brown on the bid protest of Roman ECD, Inc.; overrule the protest and] Approve the low bid, Deductive Alternate ("A-B") combination, submitted by Valley Crest Landscape, Inc., 1920 South Yale Street, Santa Ana, CA 92704 and authorize the Mayor and City Clerk to execute the construction contract for the Pier Plaza Project; CC-1029, for a total bid amount of $4,875,000; 2. Approve the transfer of all remaining unused Certificates of Participation (COP) funds, Park Bond funds, and Parking Authority funds to the Pier Plaza Fund for the Pier Plaza Project, CC-1029; 3. Approve an amendment to the current year budget by appropriating $6,283,417 for the purpose of construction of the Pier Plaza Project (total Pier Plaza Project cost of $6,355,000 less $71,583 already budgeted); 4. Authorize the Public Works Department to expend a total of $5,949,520 to cover the contract amount of $4,875,000, estimated construction contingency of $487,500, and supplemental expenditure of $587,020; 5. Approve staffs selection of Concept Marine Associates, Incorporated (a Construction Management Firm) to perform the work as outlined in the Request for Proposals for Professional Construction Management Services dated August 1996; and 6. Approve the attached professional services contract with Concept Marine Associates, Incorporated and authorize the Director of Public Works to Expend $330.480 to cover contract costs of $300,435, and estimated construction contingency of $30.045. �y Y�iB�eCt�7i�-tee-bids�bFb�iii t{ Za4I7 p;ovements; CC- D24ran"4est- the -City Clrid 2,—AWhQ4z04h0 );FeGre adv444e-kr-bids. 2. Eublic Revenue_ Bonds And City Couacil SesQJVflgn No. 97-25,APprovvi!ng 1s5yance Of Eevp,nug Bonds - Grant -Deed -Approval Of Debt Financing Of A Potion Of Casts -Of Pier elaza Cop,st[Vct1_gn/0QQ M i , Cognty-_WidQ21jdbW11c_$ i etx Commu (330.30) Communication from the Community Service Director informing Council that in order to finance the construction of the Pier Plaza and the 800 MHz County -wide Public Safety Communications System, actions are required by the Council and the Public Financing Authority to approve the issuance of long term debt for a portion of the - , project costs. (Continued on the next page) (3) r Page 4 - Council/Agency Agenda - 04/14/97 Adopt Resolution No. 11 - "A Resolution Of The Huntington Beach Public Financing Authority Authorizing The Issuance, Sale And Delivery Of Not To Exceed $8, 200,000 Principal Amount Of Lease Revenue Bonds, 1997 Series A (Public Facilities Project), Approving Distribution Of The Preliminary Official Statement Relating Thereto, Authorizing And Approving Certain Documents In Connection With The Issuance, Sale And Delivery Of Said Bonds, And Providing Other Matters Properly Relating Thereto." [Adopted 5-2 (Julien, Sullivan Absent)] Recommended Motion For City Council: 1. Accept the grant of the Central Library parcel to the City of Huntington Beach and authorize the Mayor and City Clerk to execute same and acceptance of said deed by the City Clerk on behalf of the city. [Approved 5-2 (Julien, Sullivan Absent)] 2. Adopt Council Resolution No. 97-25 -"A Resolution of the City Council of the City of Huntington Beach Approving the Issuance of the Not to Exceed $8,200,000 Huntington Beach Public Financing Authority Lease Revenue Bonds, 1997 Series (A Public Facilities Project), Approving the Preliminary Official Statement, Authorizing and approving Certain Documents in Connection with the Issuance, Sale iend Delivers of Said Bonds and Providing Other Matters Properly Relating Thereto." [Adopted 5-2 (Julien, Sullivan absent)] .,. 3. Appropriate $1,215,271 for the 1996/97 unbudgeted costs for the 800 MHz Public Safety Communications System ($1,730,000 was budgeted in 1996/97 compared to current estimated total payments of $3,045,271 for this fiscal year). [Approved 5-2 (Julien, Sullivan Absent)] Adjournment: To Monday; April 21, 1997, at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. CONNiE BROCKWAY, CITY CLERK City of Huntington Beach 2000 Main Street - Second Floor Huntington Beach, California 92648 536-5227 (4) 2a�3 I _ . no., 'L� Council/Agency Meeting Held:, M ko t/24 Deferred/Continued to: '-M 4/"�_ u'Approved O Conditionally Approved (3 Denied ity Clerk's Signature Council Meeting Date: ctober 21, 1996 Department ID Number. PW 96-059 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr or PREPARED BY: LES M. JONES II, Director of Public Works RON HAGAN, Director of Community Service SUBJECT: PIER PLAZA PROJECT, CC-1029, REJECTION OF ALL BIDS AND PERMISSION TO READVERTISE Statement of Issue, Funding Source. Recommended Action, Alternative Actions), Analysis, Environmental Status, Attachments' ;)tatement of Issue: Should the city reject all five bids received for the Pier Plaza project; CC-1029, and readvertise an amended bid? Funding Source: Refer to City of Huntington Beach Request for Council Action, dated August 5, 1996 - "Permission to Solicit Bids for Pier Plaza Project." Recommended Actions: 1. Reject all five bids submitted for the construction of the Pier Plaza Improvements; CC- 1029, and direct the City Clerk to return all bid bonds; and 2. Authorize the Director of Public Works to re -advertise for bids with a refined bid package including a 180 working day project schedule for the construction of Pier Plaza project. Afternatirre Action: Award the bid as is to the lowest, qualified bidder. Anal sls: Bids received on September 24, 1996 are listed below, together with the engineer's estimate: Bidder's Name 130 Working Days 150 Working Days 180 Working Days Engineer's Estimate $4,100,000 $4,430,000 Valley Crest Landscaping* $4,580,000 $4,480,000 Roman E.C.D., Inc. $5,490,000 $5.290,000 $5,090,000 S.J. Amoroso Constr. Co. $5,423.000 $5,273,000 $5,273,000 Pinner Construction Co., Inc. $5,460,000 $5,383,000 $5,383,000 Hillcrest Contracting $6,164,609 $6,094,609 $5,964,609 Valley Crest made a major error on its bid and it is not a valid bid. 0020731.01 — 1010919610.50 AM I� REQUEST FOR COUNCIL ACTION MEETING DATE: October 21, 1996 DEPARTMENT ID NUMBER: PW 96-059 The above noted bids submitted to construct the Pier Plaza project are over the engineer's estimate. During the bid process, staff had bidders submit proposals for three scenarios: a 130 day working schedule; a 150 day working schedule; and, a 180 working day schedule. It was staffs intention to compare the accelerated schedule to try and complete the project prior to summer,1997. However, staff learned during the bid process that the project cannot tie completed in 130 or 150 days and that bidders included the cost of liquidated damages tend planned to do the construction schedule in 180 working days. Thus, the bids were considerably higher than anticipated. I addition, staff has made several amendments to the bid document; for example, defining tie requirement for maintaining public access to the pier during the construction period; changing some unit costs to lump sum bids to avoid potential change orders; including cleductive alternates such as the sand wall; art element amphitheater; and, changing from mortar to split face block on retaining walls. Staff has also had the consultant change the L.-indscaping and irrigation plans for the parkway area fronting Pacific Coast Highway to provide easier maintenance and better aesthetics. Given all of the above changes in the bid package and the bids being over the engineer's e stimate, staff is recommending that Council reject the five bids received and authorize staff to readvertise the amended bid package. Staff will return to Council when the city has gained possession of the site, the revised bids have been received, and the final financial package has been developed. Environmental Status: Previously approved in August, 1994 as part of the Coastal Development Permit process. Staff has applied for an extension of the CDP. Attachment(s): Revised Engineer's Estimate. City Clerk's per Revised Engineers Estimate LM,i:REE:DK:RH:cr 0020731.01 -2- 10/09/96 10:50 AM AC M N 1 0019517.01 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: REJECTION OF ALL BIDS FOR THE PIER PLAZA PROJECT CC-1029 COUNCIL MEETING DATE: October 21, 1996 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution wlexhibits & legislative draft if applicable) Not Applicable Tract M22,Location Mae and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the LtZ Attome Not Applicable Subleases, Third Party Agreements, etc. LApprovedastoform 6 Cif Aftome Not Applicable Certificates of Insurance (Approved L the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds if applicable) Not Applicable Staff Report If applicable) Not Attached (Explain) Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS Consultant has not finished cost estimate. .: REVIEWED RETURNED FOR D Administrative Staff Assistant City Administrator initial City Administrator initial City Clerk EXPLANATION FOR RETURN OF ITEM: JA4.TkjSS*TOSC -rsi Gaober 15, 1996 Mr. Ron Hagan Director of Community Services Department City of Huntington Beach 2000 Main Street Huntington Beach. California.'.. Re: Revised Construction Cost Estimate Summary for the Pier Plaza project. Dear Ron: This construction cost estimate summary for the Pier Plaza Is being written in response to the City's request for Purfts Rose-RSI to review and revue the project'slnal Preliminary Construction Cost Estimate dated March 29,1996. Purkrss Rose-RSI's last construction cost estimate for the project was $4,031,885.98 (subtotal). With contingencies, supplementals, administrative and management costs, the total was $4,898,117.35. However, this total did not include construction staking, sand walls andparking lot ticket machines which totaled an additional $397,500.00. These items were noted as options on the latest construction cost estimate. If the options were added to the subtotal, the cost would be $4,429,385.88. With the Contingencies, supplementals, administrative and management costs, the total cost would come to S5,449,844.21. The contractors bids were between $4,470,132.26 and $5,967,914.05 for the 180 working day construction period. The projeWs construction management consultant, Concept Marine, has reviewed the contractors bids and prepared a spread sheet Eradicating the bidders costs in relation to ftrklss Rose-RSTs March 29th construction cost estimate. Our' office bas reviewed Concept Marine's: Summary. We have revised our construction cost estimate to Indicate the general bid Stems using an average of the three middle bidders costs. We have eliminated the Nigh and low bids from this summary estimate. The following is our revised cost estimate summary: 1. MobiIization ............................. $119,434.00 2. Earthwork and Grading ...................... $212,980.00 3. Demolition ..................... o, ........ $248,110.00 4. Drainagr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $108,790.00 5. Concrete paving ........................... $603,260.00 6. Masonry ............................. $1,061,720.00 7. Parking Lot .............................. $256,46 -00 8. Fencing and Railing ......................... $364;832.00 Dmdacaps Arthitetture llecre&Uan an4 raHc Plarutiing Ant rt.>#h tluttOr Lbukvand ftlkttan. Ca.'ifarria 92832 r f- (710 871-1184 1714) 871.3638 0 Page 2 9. Site Ameiddes ............................ $109,068.00 10. Buildings and Structures ...................... S283,462.00 11. Electrical .............................. $778,905.00 12. Sewer Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . $9090.00 13. Water Improvements ........................ S 133,664.00 14. Landscape and Irrigation ..................... $333,606.00 15. Sand Walls .............................. $227,225.00 Subtotal ................... $4,849,610.00 10 % Contingency .............. $484,961.00 Subtotal ............ . . . . . . . $5,334,571.00 Supplemental Expenditures ........ $590,225.00 Construction Management ......... $331,775.00 Total ................. . . . . $69256,S71.00 To summarize, the revised construction cost estimate amount indicated is as average of the three middle bidders constriction costs and does not reflect the low and high bidder costs. I Purkiss hose-RSI is available to answer any questions or concerns regarding the revised Construction Cost Estimate Summary for the Pier Plaza. Sincerely, ickd . 'fincipal i cc Mr. Jim Engle City of Huntington Beach cc W. Doug Stag City of Huntington Beach PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINCTON BEACH INDEPENDENT, a newspaper of general circulation, printed anr:] rblished in the City of Huntington Beac, County of Orange, State of C+`aWornia, and . that attached Notice is a truce and complete copy as was printed and published . in' the Huntington Beach anti Fountain Valley issues of said nev6paper to wit the issue(s) of: August 29, 1996 September 5, 1996 September 12, 1996 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on September 12,199 6 , at Costa Mesa, California. Signature PUBLIC NOTICE wda Will o. opan.d ChUnbers for the; NOR "EVI' ttts Plor run ProJ.ct loc.aad . sl.AW •M 1M a a CAy of Nunttnptan for C4l02sa SfA d plans, tom- s dons. and comact doc v- Comew two of may ba obtalnsl PAC" fiwllt Milt 1ey. Au�,s1to tiwaiarBtt 1itrMh atC� Hail. De- 57— sin liotica � � nb+�p,,,., cS Qu works saws trldw +.M ba +� ur on retoldfies of . nor, s150.00, �y �y Cry rtgrDn .t II, aft* re'un?able of It picked Up or $180.00 It Clark at M MOO J. Wee tar Inducted. �11�2t,�2WCCTO;kMon Sti", Each bid What be made Bgsatlt, Cantor• on the Proposal Form and rigs, untl the ftW Co 2.W In tho harmer provided 1n PWt on 7uaeday, tigsptarn the ioniser documents ba 24, 1ti9A, wt rrtilch and that be ■ccompanled - - by a ce-t�flel 4r ca5`4e1's :tick or a bid toad for nci ;ass than 10% of the amouil of the bid, made wyatIs to the City of Hur►. 'ington Beach. The Can- , •recto- shall, In the per- 'orma,oe of the work and impr m.m.t3, conform to the tabor Code of the Stale et Catftnts gsnd other laws of the Slate of Callfarnis opplicoble t_"rotn, wtih the exception onry a' such vsOanons that may to required "or tt:s specia' statutes pursuWa to which proceedings herein Cat a;a taken and which haw rat been superseded ty tlu. firovtstone of the labor Code. Prekrenca to tabor she'll be 9= only In the manner prohdod by . taw. No t-d than to cons`.d- , s-ad [-Jess It Is made on w Term Armlehed by the City of Hun'trom Bench wad Is made In accordince with the pa�ftlw% o' the pro - post rupirowmnl. Each bteldar M bo It - cgs I and sbo prewo- as reaukid by lacer. rlw (* 0"Kii of no Amy or l4wWW i;on Beach reserves the il¢r, to rood arty or atl bids. By orcer of the City Calm '% of its Gtty of "Un n • 8+3ach, Callrornla the Ot .4�lft, 1996. Cortnia Brockway, Cigr 0411,114 office o1 the t�ty Ciar14 tit! of ltwr . Im n s Hun- ttrs sN,� si tinBtcn Beach, C6 026" 1 -Pub'Iahed Hurtinglon I!Nwh-raurawn 1'&%q in- deperx"d AtW* 29. Sep-. tember 5, 12, 1W. r COPY TO: SHEILA , GENEIL PIER PLAZA PROJECT, CC-1029 112 BIDS DUE ON 9124l96 @ 2:00 PM BIDS OPENED ON 9l25196 2:00 PM - @ Engineer's Estimate: $4.1 Million City of Huntington Beach, Department of Public Works BID LIST ...:::.......... ' ::...s :...... :... ...................... :,; : < <TOTAE:.<.. ° .:...:.:: :::..:. ::...:: BIDDER`S NAME.... ;.. ,: 130 155 180 RANK WORKING DAYS RANK WORKING DAYS RANK WORKING DAYS 1 Hillcrest Contracting 5 $6,164,609.05 5 $6,094,609.05 5 $5,964,609.05 2 Pinner Construction Co., Inc. 3 $5,460,000.00 4 $5.383,000.00 4 $5,383,000.00 3 Roman E.C.D., Inc. 4 $5,490.000.00 3 $5,290,000.00 2 $5.090.000.00 3 $5.273.000.00 4 S. J. Amoroso Construction Co. 2 $5,423,000.00 2 $5,273,000.00 5 Valley Crest Landscaping 1 $4,580,000.00 1 $4,480,000.00 1 $4,430,000.00 1 D �BoncLS '-ReC.�tve o TOY% O VALLaY CYe.57T c.,anOScFsPE Amor050 CanSTroa-'T1'o+J C.o., �3 `RoM r--rJ F -C . ® P t n n e' - Co A ST" C.'T, o - n Co . To. a0' l IC,re s.4 Confracf- n� 0021234.01 ram. i0C . Qe-ecL �Y C«-y Trv-&Swe rs oFFi e �PtiT'>✓1 � /'S� .r r - 1 Arcilveo CITY CLERK CITY OF RUNTINCTON SEAM CALIF. SEP 25 2 of FM '96 i RECEIVED CITY CLEAN Glib[ DF HUNTINGTON ?EACH. CALIF. — SEP i5 2 co FM r _ 1 1. Fireman's Fund 0 Fkaman's fund Insures Company q The American Insurance Company I;i National Surety Corporation ❑ Association Indemnity Corporation ❑ American Automobile Insurance Company Home Offee: 777San Marin Dr. Novato, Callomia 94948 KNOW ALL MEN BY THESE PRESENTS: That we, HILLCREST CONTRACTING, INC. BID OR PROPOSAL BOND BOND# 7083400-1 PREMIUM —NIL (heroic Of called Ifie Pr'rnapan, as Prb*al, and NATIONAL SURETY CORPORATION , a corporation organized and doing business urdw and by virtue of the laws of the State of ILLINOI S . and duly kwrsed for the purpose of making, puarardseiiV or bo=nkg sole surety upon bonds or undertakings requ W or WhorM by the larva of the State of CALIFORNIA as SaaY. are held and frmlybotM unto CITY OF HUNTINGTON BEACH (hereutialtar caged the OAN) Into Id and just scan of TEN PERCENT OF AMOUNT BID Dodars ($ 10% ) kwlul marwy of tM Unked Statfa of America, brthe payment of wfkh. wel and truly to be made, we hereby bind ou we ies and our and each of our sucoessort and ani m jo * and se4eraly, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT. WHEREAS, the *m bounden lotW*g as aforesaid, is about to hand in and s o-1 to the Oblv?eeaNdorproposalfartw PIER PLAZA IMPROVEMENTS — CASH CONTRACT 1029 in socerdarroe wkh the pins a-d Wsdficmbm tad in the of eeo of the Obtgee and under the raios irrAiq propoals ttwelor. NOW, THEREFORE. If IN bid or proposal of said Pri *W steal be acwo d, and to oordracl for such work be awarded to the Principal Iheraupw by the said Obf+pee, and said Primal steal eNerinlo a oorkid and bond for the cm*6m oluk work as required by bw,thenft dAoion to be nul and void, otherwise to be and rwn* In iul fora and etkd. IN WITNESS WHEREOF, said PMckW and said Surety have cmrAd lhew walla b be duly signed this 3RD day of SEPTMSER .19 96 ,HILLCREST CONTRACTING. INC. OY SAUBURY PRESIDENT NATIONAL SURETY CORPORATION By �cz 36C27 449-Jt N DAVID L. CULBERTSON Aeomey4n-Fad � w CALIFORNIA .-ALL-PU"OSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 9-03-96 before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the -instrument. - WITNESS -my hand and official seal . - W'At lee_ U - .-,. Karen Ch4nc.!lar Sjr4nkture of Notary Public U� �t nti . ? COMIM.010753e, r .�OTAnY PUELIC �1FO:+I'Lt 0 L ()gANGZ COUNTY CCrlm. Exp. !:arch 27. 2000 + OPTXONAZ 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. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TISLB OR TYPE OF DOCUMENT h'VMZLrR OF PACTS 2 DATE OF DacvrMxr 9-03-96 CAPACITY CLAIMED EY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(5) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: NATIONAL SURETY CORPORATION M mE OF PERSONtsi OR ENTITY15) EM ERA t. POWER OF ATTORNEY NATIONAL SURETY CORPORATION 1C"4OW ALL MT4 BY TIAESE P RME`tTS- That NATIONAL SURETY CORPORATION. a Corporation duty organiud and existing under the Laws of the State of IIli -iois, and having its Home Office in the Ciry of Chieago. Comaty of Cook, State of Illinois. has made. eoastituted and appointed, and does by these presents ma tee, constitute and appoint --- DAVID L. CULBERTSON --- ANAHEIM CA its true and lawful Attorney(:) -in -Fact, with full power and authority hereby conferred in its name. place and it tad, to execute, seal, acknowledge and delivcr any and all bon U. uadenalsing, maliniuncts of other wTitlto obligation in the nature theteof — — _ „-- _ —— --_ —— — — — _ — — and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duty attested by its Secretary. hereby ratifying and conflum lag aU that the said Attornt y(s):m-Fact may do in the premises. 'Ibis power of attoracy is granted pursuant to Article VII, Sections 44 and 45 of By-laws of NATIONAL SURETY CORPORATION cow in full force and effect. "Artlde Yn. Appolotmeat sad Auchorfty of Reddest Scovearfes. Attonmy4r-Facr sad Arent: to ufeept Legal Proem and Mitre Appe&nL cm Secdoa 44. Appointment. The Cbttltman of the Board of Diredon, the President. any Vice-Presideat or any other person anthorfud by the Board of Directors, the Chairman of the Board of Dtreetors. the President or tray Vttx.t'm4deat essay, hoes time to time. oppotat Resident Assistant Sectetaries sad Attorueyrio-Fact to rep.cu 1 and set for and oa behalf of Lire Corporsdoa sad Agents to accept legal process and maize appearanexa for sad on bebalf of the Corporstio a. Secdoa 45. Authariry. The authority of sueh Resident AnWaat Se rctRries. Attorae7s-in-Fact and Agents OmW be as prescribed In the is ramcnt evidencing their appolr:tmcbt. hay sack appointment and all authority grated thenby maybe revoked at anytime by the Soard of Dirators or by my person empowered to make sacb appolotmeat' This power of attorney is siped and sealed under and by the authority of the following Resolution adopted by the Boud of Directors of NATIONAL SURETY CORPORATION at a matting duly called and held on the 29th day of June. 1994. and said Resolution has not bona amended or repealed: "RESOLVI:D, that the signature of any Vice -President, Assismt Seaeury, sad Resident Assistant Seaetary of this Corporation. and the seal of this Corporatio s may be arrtxed or printed on say power of attorney, on any revocation of any power of attorney, at on any certificate telatiag thereto, by fac imde. and any power of attorney, any revocation of any power or attorney, or certificate bearing such facsimile signature or raaimde seal ihall be valid and binding upon the Cotporation" IN WITNESS WHEREOF. NATIONAL SURETY CORPORATION has caused these presents to be signed by its Vice -President. and lu corporate seal to be hereunto of rmcd this _ 9 T_n A day of - A ti gs,s * _ _ ., 19 —9 L r YC All NATIONAL SURETY CORPORATION $am Ism T`.yP By STATE OF CALIFOR"RA �. COUNTY OF MARIN On this ? 7 n d day of August 19 9 4 before me personally arse M. A. NWIonee to me known. who. being by ens daly sworn. Wd depose and say: that be Lit Vic-Fresident of NATIONAL SURETY CORPORATION. the Corporation described in and which executed the above Instmmeat. that be knows the seal of said Corporation; that the seat of fixed to the said Instrument is such corporate seal: that it ru so alrmed by order of the Board of Directors or said Corpordon and that he signed his game thereto by like order. IN WITM'IS WHEREOF I have hereunto set my band and xf nxed my official seal. the day and year herein first above written. OFFICIAL. NOTARY SEAL t A. KR.EGER . as . Notary PublSc -- Cslibmla `O4`r 'r.. ~ MARIN COUNTY i ... My Comm. Exp. MAR 20.1993 CFRTMICATE STATE OF CALIFORNIA �. COUNTY OF titARIN I. the undettiped. Resident Assistant Secretary or NATIONAL SURETY CORPORATION. an ILLINOIS Corporation. DO HEREBY CERTIFY that the foregoing aa4 attached POWER OF ATTORNEY remains in full force and has not been revoked; and funheraore that Article VII. Sections 44 tad 41 of the By-laws of t tie Corporation, and the Resolution of the Board of Directors; set forth in the Power orAttornev, are now its force. Signed and seared at the County or Maria. Dated the 3RD day or SEPTEMBER 19 of; .. a uor ton RrMi AMUaut 36"A r :Irat/rr ri.•svt 0 \ . 11 111.1�l1� - . .` State Of California RIGHT THUMBPRINT (Optional) County of Riverside Ir On before me, Sherein achriner-Notary Public 0 IDATEI INAMEITITLE OF OFFICER-1A.'JANE DOE. NOTARY PuBUC'1 personally appeared Glenn J. Salsbury INAME(SI OF SIGNERM11 ® personally known to me -OR- O proved to me on the SLIERf N ScHrr4 2 1 � Com rWon P 1070641 No;ay? t"c—Cditrla burdy i � �•="� tr1y Corm. Ek;*es Aug 27.1449 asls of satisfactory evidence to be the person(K) whose name%) iskm subscribed to the within instrument and :_acknowled ed to me that heMMOW the same in hiss authorized capacit fah. and that by hisiiS signature(W on the instrumentthe person(x), or the entity upon behalf of which the person(n) acted, executed the instrument. Witness my hand and official seal. (SEAL) ATTENTION NOTARY The information requested below and in the Column to the right is OPTIONAL. Recording of this document is not required by law and is also Optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Doewnent MUST BE ATTACHED TO THE DOCUMENT Number of Pages �� Dace of Document DESCRIBED AT RIGHT. %�/►I f Signerlsl otter Than Named Above bAulp WOLCOTT$ FOAM 63240 Rev. 3-94 IP..ce cdn■ 1.2A1 ®itsa WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITWIREPRESENTATION/TNo FINGERPRINTS CAPACITY CLAIMED BY SIGNER(S) CINDIVIDUALIS) CORPORATE OFFICERISI President I>;Iru sl CPARTNERISI ❑LIMITED CGENERAL OATTORNEY IN FACT ❑TRUSTEE ISI CGUARDIANICONSERVATOR COTHEA: SIGNER IS REPRESENTING: INama of Person(sl or Entity(iss) .Hillcrest Contractin RIGHT THUMBPRINT (Optional) Ir 3 CAPACITY CLAIMED BY SIONERISI CINDIVIDUALISI OCORPORATE OFFICERISI IntLtSi CPARTNEAIS) CLIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) OG UARDIANJCONSEFIVATOR COTHER: SIGNER IS REPRESENTING: (Name of Persons) or Entityfies) W t{ . THE AMERICAN INSTITUTE OF ARCHITECTS 4r / r 1 KNOW ALL MEN BY THESE PRESENTS, THAT WE, PINNER CONSTRUCTION CO.. INC. 1255 SOUTH LEM1S STREET ANAHEIM. CA 92305 as Princ oat, hereinafter called Principal, and AMERICAN HOME ASSURANCE COMPANY 777 S. FIGUEROA STREET 1STH FLOOR LOS ANGELES, CA 90017 a corporation duty organized undor the laws of the State of NEW YORK as Surety. hereinafter salted the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligen, hereinafter called Obl:geo, in the sum of TEN PERCENT the total amount bid ( llm4 ) DOLLARS, for the payment of which sum wen and truly to be made, the said Principal and the said Surety, bind ourselves our heirs. executors. administrators. successors and assigns, jointly and severally. firmly by these presents. WHEREAS. the Principal has submitted a bid for PIER PLJ�ZA, CASH CONTRACT NO.1029 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shalt enter into a Contract with the Obliges in accordance with the terms cf such bid. and give such bond or bonds as may be specified in the bidding or Contract Documents with good and surMcient surety for the faithful per'omlance of such Contract and for the prompt payment of labor and material furnished in the prosemdon thereof, or in the event of ttw failure of the PflncipV to enter such Contract and give such bond or bonds, 9 the Principal shall pay to the Obliges the difference not to exceed the penalty hereof between to amount specafled in said bid and such target amount for which the Obligoo may in good faith contrast with another party to perform the Work covered br sad bid, then this obligation shall be null and void, otherwise to remain in full force and elfect. Sealedwitt. our seals and dated this 20 day of September 1996 Bid to: 091411996 (Witness) a ricia J. Christenson (Mtmess) PINNER (Title) J41$4f Pfdner, PRESIDENT ASSUFkAN:E COMPANY (Attorney -in -Fact) JANINAMONROE Ala DOCLYME141 A3iC BT BOND • ALA FEBRuARY t97o ED - TD-E AMERtCAN MST1TUTE OF ARC4TECTS WC Records- 288 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On September 20, 1996 _beforerile, Sheila K. McDonald Notary Public Date Nwry personally appeared Janina Monroe NUN orsiva(s) personally kno,Am to rue - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshdthey ex=ted the same in his/her/their �---�. authorized capscftyres), and that by histherltheir signature(s) on the instrument �r�=.."," SHLrLA K. tr1C DONLD - the person(s) or the entity upon behalf of which the person(s) acted, executed the ; .4�;: COMM # 1090412 instrument. L i Y, ND OaP Gi:l CO l OYHIA >T �3/1TNESS my hand and official seal. �a�. IdY COMMISSIMI EXPIRES MARCH 15, 2000 fl 1 Signature of Notary x..S•f'�-w ,e.sr,. �:r f�t„f. jtn �k..cal:x:1.aer`'e-r%sY�-.rGcy...V}'a.?�a:e.., v£. �.,�:h .,... .m.. «,�''�+can:...l::4w�,e!'a.�.`w�....Sw�.,:..'�x-.✓, .'�6:N.'��-r +R- .sS;,�:.,.i Tbou6f Ow dau below is aot required by law, it nay prwa valuable to pffsam rebr n on the d0CWMC A and Could prevent 6SWU nt raaet660wrt of this fog CAPACITY CLAMED BY SIGNER 0 Lti'D1VmvAL(s) CORPORATE OMCER(S) D PARTNER(S) ❑ LD ED ❑ 0M. RAL ® ATTOIiti-EY-Lx-FACT (1 TRt15 rMs) ❑ ruARDLLvcotiSERVATOR ❑ OTHER S1GINERIS REPRESENTING: NAME OF FERSON(S) OR EN=(1ZS) DES CRIPTION OF ATTACHED D O CUtiIENT TITLE OR TYPE OF DOCVME: it NIA. MR QE PAGES DATE OF DOCUbMW S IGNER(S) OTHER THAN NAMED ABOVE American IIome Assurance Conipany POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Board Office: 70 Pinc Strcct. Ncw York. N.Y. 10270 No. Oi-B-34293 K'iON ' ALL MEti BY THESE PRESENTS: Tl.at American Home Assurancc Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh. Pa., a Pennsylvania corporation, does cach thereby appoint --Mike Parizino, Jinics W. lfoilarrcn, Judith K Cunningham, John 1L G.trrcit, Robert i1I. Minot, Janina Menroc, Lourdes Landa, Sheila K McDonald. of Satnt:t Amt. California — its true and lawful Attamcy(s)-in-Fact, with full authority- to execute on its behalf bonds, undertakings, rccognirinces and oilier contracts of indemnity and writings obligatory in the nature thereof, issued in the Course of its business, and to bind the respectivc company thereby. I` WIT`ESS WHEREOF, American Home Assurancc Company and National Union Firc Insurance Company of Pittsburgh. Pa. have each executed these presents this 2R111 dap of May. 1926. �„a►� ?� 4� Kristian P. Moor. Prosideni a^ National Union Fire Insurance Company of Pittsburgh, PA. Exccutive Vice President American Home Assurance Company STATE OF AEW YORK COUNTY OF NEW YORK)ss. On this 25t2l day of L121. 19L6, before me came Chic above- nam.d officer of American Ilome Assurance Company and National Unic•n Fire Insurance Company of Pittsbam.h. Pa., to me personally CAROL RAGAS kno+.tl to be the individual and officer described herein, and Nstsry Fubl'e. Sts'e ;,1 New York acknav, te Jaed that he executed the foregoiny instrument and afliwd Ni CtpA5052011 the seals of said corporations tllerelo by authority of his office. Oualdied in Kinys Ccun:y �, l Ca-xrission €xpiros Nov. 13, j124 � CERTIFICATE Excegn1i of Resolutions adopted by the Boards oCDirectors of American Home Assurance Company and National Union Piro Insurance Colnpauty of Pi•:sbu:gh, Pa. on hlry 13, 1976: 'RESOLVED, that talc Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Altorngs-in-Fact to rcpre-.ent and act for and on behalf of the Company to execute bonds, and.rukings, recogni77rlces and other contracts of indemnity and uritisl s obli; cry in the nature therz-of, and to attach hereto tic corporate seal of tic Company, in the transaction of its surety business-, 'RE5 OLVED, that the signatures and attestations of such officers and the seat of dw Company may be allrxed to any such Power of nttornq or to any e:rlificate relating hereto by facsimile, and any such Powcr of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company %%h.:n so affixes %ith re�rect to any bond, tutdestakial_, r No-lliv use or other contract of inderimit. or %%Titir 'v cb!igatory in the nature Llcreof, 'RESOLVED. that any such Attorney-in-Facl deliverin- a secretarial certification that the foregoing NNOILdiOns still be in effect may insert in such certification tllc data thereof, said date to be not later Chian the date of delivery thereof by such A1lonw%-in-1=aQ.' 1. Eli.,.abelh M. Tuck, Sccr,=ry of American IIonic Assurance Company and of National Union hire Ina:mnce Company of Pittsbur h, 1'., do hereb- certify that the foregoing excerrls of Resolutions adopted by the Btxtrds of Directors of these corporation., and the Paauers of Anonwy issued pursuant thereto, are true and correil, and that both file Resolutions wad the loners of Anurney are in full Iorce :and 01ect. IN WITNESS 15'IIEIZE0f, i have h:rerrto set fay hand and of lwd the 1:acsitraile scaal 01'each corlAlra,liun F �.! 65166 la 1;s3 Chi--; 20th d.ayof September , t9 96 Elisabeth M. Tuck, Sccrinary L Bond Surety Bond ❑ Gc -Teral Accident Insurance Company of America ® f er• nsyl.ania General Insurance Company - — - NA flond! Nombvt Know all men by these presents, that+tie Romafl_E.C.D._, Inc: ati Principal, hrtrinafter cativd the Prircipal, and Pe_ nnsylvania General Insurance Compaq a cr„I,or,t;on (lr,ly organiz-d under the laws of the Coin monweatill of Pennsylvania as Suret); hereinafter called tile Surety, are held and firnity bound unto City of Huntington Beach -i< Oblit,cc•, hereinafter caltu•d the Oblilc•c, in 111C SUM of Ten percent of the Amount of the bid Dollar fS 10% 1, for the payment of which sum welt and truly to be made, the said Principal and the said Surely, bind ourselves, our hvirc, e\vculors, adminisirarorc, successcTs and assigns, jointly and severally, firmly by these presenls. Whcrcas, the Principal has submittcdl I hid for Pier Plaza Project 1029 Now, TIvrefore, If the Obligee shall accept 111e bid of Ihr f iincip'll within IN, Imriod specified thr•rc•in, or if no ln•ricxl he specified. within sixty (60) days after opening, and the Principal shall enter inlo a contract with iliv Ohligve in accordance with the Terms of such bid, and give such bond or bonds as may lie specified in the bidding or contract documents with good zinc! sufficient surety for the faithful performince of such contract and for the prompt payment of labor and nlatcrial furnished in the prosecution thereof, or in the e%Tnt of the failure of the Pruuipal to MR1 cucl+ contract 111(1 gi+r cutll txsndl or bonds, if the Principal shall pay to the Obligee the penalty here of, then this obligation shall he null and void!, olhen+i<e to remait- in full force and effect. Signed ar3 seated this 24th dad. of September 19 96 (Witness) Roman E.C.D., Inc. IYrinciti,l ► Isvab By: 13 )' 1' t { C O.O A I • 1J �A+� r 1rt.S �`--t " Pennsylvania general I-nsurance Company (Scrrcty) (Spat) + y 1i` Rich rd Adair,Attorney in Fact Am, PURPOSE; ACKNONYLE GEIEW1 STATE OF CALIFORNIA ) s.s. COWITY OF Los Angeles ) On September 24 199b , before me, Brpnwyn, personally appeared ' hard Adair r Z- personally known to me; or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ggg subscribed to the within Instrument and acknowledged to me that he/AAWAAw*5c executed the same in his/kvv,$k asir authorized capacity(i ms) , and that by his/kKx9tkvir signature(m) on the instrument the person'(s) or the entity upon behalf of which the person(x) acted, executed the instrument. WITNESS m hand and official seal. BRONWYN URDOCK o Y ° Comm. #1106048 s (SEAL) s d Homy Mr -cum► z 2 LW AWAZ worn • My Caren bon J* 22. = Si4rratture of 14 PUbllc CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. .Individual(s) Corporate Officer(s) and Titles and Partner(s) Limited _ General X Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Surety ATTENTION ?NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. .Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE General -Accident Attorney p 436 Walnut Street, Philadelphia. Pennsylvania 19106 PG 0023887 KNOW ALL. MEN BY THESE PRESENTS, that the PENNSYLVANIA GENERAL INSURANCE COMPANY, a Pennsylvania corporation having its principal office in Ph ladelphia, Pennsylvania does hereby make, constitute and appoint Richard Adair, Joseph E. Cochran, Mark E. Shreckengast. all of the City of Los Angeles, State of California ach individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver as surety for and on its behalf. and as its a:[ and deed any and all bonds and undertakings of suretyship, and to bind the PENNSYLVANIA GENERAL INSURANCE COMPANY hereby as fully and to Me same extent as if such bonds aid undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the PENNSYLVANIA GENERAL INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said A;tomey(s)- --Fact may do in pursuance hereof, provided that no bond or undertakirg of suretyship executed under this authority Shan exceed in the amount the sum of. Eight Million Dollars("_QQQ.9QQ This power of attorney is granted under and by authority of Subsection 5.1(b) of Article V of the by-laws of PENNSYLVANIA GENERAL INSURANCE COMPANY which became effective February 20, 1992 and which provisions are in full force and effect, reading as follows: 5.1(b) Ttia Board of Directors or President, Vice President, or other officer designated by them or eit w of them shall have power to appoint Attonxysan-Fact and to authorize *tern to execute on behalf of the Company bonds and undertakings, reoognizances. Contracts of Indemnity and other writings obligatory in the nature thereof, and to attach V:e seal of Vie Company thereto: and s'rall also have the power to remove any such Attomey-in-Fad at any time and revoke the power and authority given to him. Any instrument exm-*Aed by any such Attomey-in-Fact shaft be as binding upon the Company as if signed by an Executive Officer, and sealed and attested by the Secretary' 'This power tf attorney is signed and seated by facsimile under and by authority of the following resolution adopted by the board of directors of PENNSYLV/%NIA GENERAL INSURANCE: COMPANY, at a meeting held on the 20th day of February, 1992, at which a quorum was present, and said resolution has not been amended or repealed: •Resolve:, that in granting powers of attorney pursuant to subsection 5.1(b) of the pydaws of the Company the signature of such directors and officers and fhe seal of the Compa,'ry• may be @Mxed to any such power of attorney or any Certificate relating thereto by facsimile, and any such power of attmw or ceRificate bearing such facsimile signatures or facsimile seal shag be valid and binding upon the Company in the future with respect to any bond or undertaking to which Ills attached.' IN WITNESS WHEREOF, PENNSYLVANIA GENERAL INSURANCE COMPANY has caused these presents to be signed by Dennis S. Perler, its Vice President, an Its corporate seal to be hereto affurei, this 161h day of July PENNSYLVANIA GENERAL INSURANCE COMPANY . •tip � „JJ� . . Dennis S. Perler, Vice President Ccrlmorlweab'i of Pennsylvania Philadelphia County On this i6lb day of 19,, personally appeared Dennis S. Perler to me known to be the Yoe6".11 �,7f"t!rb�ENNSYLVANIA GENERAL INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affi%eaFaL7 Soration thereto and that the seal affixed to said instrument Is a torpor a seal of said Company, that said corporate seal and his sr `�dVsW.,td��syrsuant to the by-laws and a resolution of the board of dire rS of a ortpany, e l�►` s •• USA EDUTANC Notary Public 1s # 0f } Gly of 0liradefFhW Prufa. County { , M Com,niss;on E>'c+es Nov. 1ti 1996 Nat Public in and for the Commonwealth of P risytvania Z / '��r'e r I, Ja. �^C-al*�lst +� -etary of the PENNSYLVANIA GENERAL INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and 'tefetf•.omey executed by PENNSYLVANIA GENERAL INSURANCE COMPANY, which is still in full force and effect, and that Arti�re liong. f the by-laws of the Company and the resolution set forth above are still in full force and effect. IN WITNESS V,HEREOF, i have hgrgunto set my hand and affixed the seal of said Company this 24th day of Septer.ber 19 a_ Ira a�''•�+�•.�011dames E. Carroll, Assistant Secretary This Power of P :tomey may not be used to execute any bond with an inception date after _ _July 1a1998 or verification of the authenticity of this Power of Arrorney you may call, 1.800-288-2 1160 rnd a,k for the Ptn.er nr .A1!orn(-y IWIV kor. Pleake rert•r w the F'uti+er of alorney number. -he abrne named indkiduallsl and derails of the bond to %%hich the rwi%%er it allmherl. In Penn,%hxva. Dial 213-625-1081. A-0028 3.92 AIU trwrance Company Ameri:an Homc Assurance Company Granite State Insurance Company The In;urance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh, Pa. New I-ampshire Insurance Company BID BOND (AIA 3101 l(N3lrr ALL MEN BY THESE PRESENTS: � i oengA111tlYBorldw noAda American International+ Companies Principal Bond Office 70 Pine Street, New York, N.Y. 10270 That S.J. AMOROSO CONSTRUCTION CO., INC. . as Principal. and AMERICAN HOME ASSURANCE COMPANY . as Surety. are held and firmly bound unto CITY OF HUNTINGTON BEACH, CA . as Obligee. in the sum of T13'N PERCENT (10%).OF THE TOTAL AMOUNT BID — — — — — — Dollars far the payment of which sum. well and truly to be made. the Principal and Surety bind themselves, their heir:, executors. administrators. successors and assigns. jointly and severally, firmly by these presents. WHEREAS. the Principal has submitted a bid for PIER PLAZA, CASH CONTRACT NO. 1029 IN THE CITY OF HUNTINGTON BEACH NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accor:lance 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 tabor and maletial furnished in the Frosecution 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 V'dack covered by said bid. then this obligation shall be null and void, otherwise to remain in full force and effect. Signed. sealed and dated SEPTEMBER 24, 1996 S.J. AMOROSO CONSTRUCTION CO., INC. 1 rPnnC.paii / IS901 (w•Iness) By LETICIA BARAJAS jet .— �l `' �-_•_ c •cy COMM. I 1OB4904 C1 AMERICAN HOME AS5YPWE COMPANY NOTARY PU© IC•CALIFORPJIA cof ORANGECOUNTY +-- .t h Y Comm. Expires Feb. 04. 20M— 4 _ /J By Anor ney 23373 1:1 %8d1 TERRY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. S907 State of CALIFORNIA County of SAN FRANCISCO On SEPTEMBER 18, 1996 before me, JANET C. ROJO, NOTARY PUBLIC , DATE NAME. TITLE OF OFFICER - E-G.. -JANE DOE. NOTARY PUBLIC - personally appeared TERRY J . MOUGHAN 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 ac- knowledged 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 ib ad A won person(s) acted, executed the instrument. �.:. JANET C. P0,0 / 3 . COM.M. # 1001101 � 9111C.-CALIFORT'V]+.�A c -WITN hand and offici ll•, uP My Comm, Wires Aug 18.19'W K SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) - AMERICAN SOME ASSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT TWO (2) NUMBER OF PAGES September 24, 1996 DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave.. P.O. Box 7184 - Canoga Park. CA 913Q9-7184 lr•i %wcric:tti Home Assimmee Company PO«'ER OF ATTORNEY 1. tional Union Fire Insurance Comparty of Pittsburgh, P;I. Principal Bond OfFicc: 70 Pine Strcet, Ncu• York. N.Y. lo2,o No. 01-13-54451) KNOW ALL LIEN BY THESE PRESENTS: That American Honte Assurance Company, a New York corpor;:lion, and National Union Fir-. Insurance Company of Piusb11r--11. Pa., a PcnnsyManin corporation, does cacti licreby appoint —Tcrry J. Moughan, Jack M. Woodruff, John Koster, John It Lantherson, Cvnthia I.. Lcivis, Donna %I. Cer-urich: cf San Francisco, California -- its tmc and lawful Altornev(s)-in-Fact, with fllll authority to execut.- on its behalf bonds, und,rt:tkings, reco-nirtttccs and other contracts of indemnily and writings obligator)' in the nature thereof, issued in the tours:: of its business, and to bind the respccti%c con party thereby. IN WITNESS WHEREOF. American Home Assuranl , Company and Nalional Union Fire Insurance Company of Pittsburgh. Pa. hw,w cacti executed thes.- presents rr.. _ ' r �t��� STATE OF NEW YORK Z COUNTY OF NEW YORK)ss. this grid day of May 192 . U. -William D. Smith-.Pi'��idztst On this 2rd day of May 1995, before me came the abo%c-named officer of Anicrican Home Assurance Company and National Union Fir.- Insurance Company of Pittsbur,lt. Pa., to me personally krown to be the individual and offlc.^r described llcrein, and acknouled;cd that hL executed the forcraing instninicnt and affxcd the seals of said eorp rations thereto by a,ithorily of Iris office. 3. N:,. -y S'+-. c: r6w Y.),t CERTIFICATE Excerpts of Iiesoluticns all f:c3 by the l3aards of Directors orA::tcricll I1.aw As; mince Company and ; rational Union Fire Insurance Coltt; .lmv of 11it..shu ch. Pa. on \tag• 1 %, 19, 6: 'RESOLVED. that ilic Ch:1irman of the Board. the Prcii&w. cr any Vi.L Pusident tv, .md hereby is, atilhorized to appoint to rerre: _nt and act for and oil fehalf of the company to exectde t•on.Is. I:rave ial lil_S, rcm-evinces and other contracts of in lonrntl' wid \Thin i eMl_ .ory in the naltlrc 1her•zef, and to altach Thereto the C01+^U:a:. serif of h.c Com .Inv, is 1L,: tram-uctian of iu surety business; *RESOLVED. that tl:c si_nat::: ei tort! .11tcstations of such off iom wiJ the seal of tae Company may be :dffiied In any Stich Po%wr of Allornes• or to aliv cc-titicate rel:dill thereoo by facsimile, and an►- such llwaer of Auome% or certiwale hariii, such taesimile si_ matures or facsimile seal sh.111 tk: valA and bindilig upw) 1!:e Company ah4n so atiixed with rc.;pcct 1.) any IvIld, ur..lcrtaking, r YU__aii.lnce ur other contract of inaenuniv or %Witin, obli atorr in the nature tl:ercol; 'RESC)LVED, That any such A:tcr77ec-rn-I'ac1 delivering a secr.'1.ui.d ierllf ialu}1] Ilut II:C fore-11111, resolutions still Iv Ill eflecl may iwerl ill st7iil corlitwalion t;:e date thereof, sai 1 hate to 1,e not Eder than tl:e 4-i% of deh--crn• thereof by such 1. Eli/ .bell) N1. Tuck, NCCrC,.!n- of Anwr1::n1 11mm: As+1tr:1:::. mid of N.9-;m1a1 11111017 l'lre 171i1:r:71:Ce L+Y,111+a:Iv of }'Ilh}.nr 11. 1':1- ah) :_re}ri Cerllfv (!.;It the tJ:e_ _ e\relZ`ts Ut 1'% the 17.1.1r,k of DUC 1i)ri of Il:i.. i.�]j')'ra1p111s, and I!:,: hmcl\ ul X'mobile%- i<sned purstl.n:t there:d, arti true and comm. and that boill the IN: hmeriSf A[1,)nleY.Ire Itl fill force and e1i�t1. IS 11'1 T`ESs WHEUEOF. I have heron: to set 1111: tac,i:hilt ic.11 rf each Cori` 11-111 11 VL L; SZ 5 this 24th 7,' SEPTEMBER . I p l f iiahoth \1. Tu,k, Sccr_tun f Ir f correspondence in relation to this b0 a should be directed to: ,bOND DEPT WAUSAU INSURANCE COMPANIES FAO BOX 8017 WAUSAU WI 54402-8017 1-800-435-440 t 1.-=j=-WAUSAU KkTIONWIDV INSLILANCE GROLT Wausau Insurance Companies Bid or Proposal Bond Y"NOW ALL MEN BY THESE PRESENTS: That We, Valley Crest LandscNn, Inc. (hereinafter ealIed the principal), as principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a cor?oration organized and doing business under and by virtue of the laws of the State of Wisconsin, 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 Stale of California as Surety, are held and firmly bound unto City of Huntincxon Beach (hereinafter called the Obligee) in the just and full sum of TF-n percent of the total attraunt of the bid in--------------- Dollars ($ IDS ) law-ul money of theUnitedStates of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators and each of our successors and assigns, jointly and severally, firmly by these percents. THI: CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to h Lnd in and submit to the obligee a bid or proposal for the Pier Plaza, H=tinato in ac:ordance 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 shall be accepted, and the contract for such work be awarded to the F rincipal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said wort: as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN V,TTNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 20th day of September , 19 96 Valley Crest Landscape, Inc. SC0014 11-93 rwnp�q 15n!} r y Charles Vl. de Garmo, V.P. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Swrry SScal} By C.K. Nakamura (Auomey-in•Fm) CALIFOR NIA'ALL4P.URP.OSE ACKNO- W EDGMEN: :. State of California County of Los Angeles On September 20, 1996 before me, Harriet Lambell.-Notary_Public, personally appeared C.K. Nakamura personally known to the (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 helshelthey executed the same in his/her/their authorized capacity(ies), and that by hislherltheir 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. v RAMUUWKLL Corrwrftion f IM226 (OARyCOWmEVN*sMoy302= Notary pj)k — Casforria Log Mpeles County x z w a _Z d w a. a d h 0 Z CA tit 0 O F- Z to Zi tit F- I- N N 2 t- U- } W z O Q ti O W W O a O a Q F- O Z IA W T H EMPLOYERS INSURANCE OF WAUSMJ A Mutual Company POWER OF ATTORNEY (FOR BID BONDS ONLY) KNOW ALL M N BY TIIFSF PRESENTS: That the FNIPLOYERS INSURANCE OF WAUSAU A Mutual Company. a corporation duly organized and existing under the laws of the State of Wisconsin. and having its principal office in the City of Wausau. County of Marathon. State of Wisconsin. has made, constituted and appointed, and does by these presents make. constitute and appoint E.S. ALBRECIIT, JR,. , _C.K. NAKAMURA, JERI SUMMER, DANIEL'ORTIZ, KATUT CALVERT, HARRIET LAMBELL its true and lawful attorneyin-fact, with full power and authority hereby conferred in its name, place and stead, to execute. seal, acknowledge and deliver ANY AND ALL BID BONDS OR WRITTEN DOCU,%IFNTS INVOLVING RID GUARAN. TEF.SORINTHE NATURFTHEREAFTER -----------------------------------------_— and to bind the corporation thereby as fully and to the sameextent as if such bonds w•eresigned by the President, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. This powerofattcrney isgranted pursuant to the following resolution adopted by the Board of Directorsofsaid Company at a meeting duly called and held on the 18th day of Nlay. IrM. which resolution is still in effect: "RESOLVED. that the President and any Vice President -- elective or appointive -- of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to executeon behalf of EMPLOYERS INSURANCE OF 4iL AUSAV A Mutual Company bonds, undertakings and all contracts of suretyship: and that any secretary orassistant secretary be. and that each or any of them hereby is. authorized to attest the execution of any such power of attorney, and to attach thereto the seat of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company" "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OFWAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile. and any such powerof attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the E4tI'LOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached:' IN WITNESS WHEREOF. EMPLOYERS INSURANCE OF WAUSAU A Nlutual Company has caused these presents to be signed by the vice president and auested by its assistant secretary, and its corporate seal to be hereto affixed this IST day of AUGUST .1996 . EMPLOYERS INSURANCE OF WAUSAU A Mutual Company By Attest; J. Stephen Ryan R. J. Besietnan " Assistant Secretary STATE OF WISCONSIN ) ) as. COUNTY OF MARATHON ) Vice President On this _ I ST day of - AUGUST . 19 96 , before me personally came J. Stephen Ryan ' to me known, who being by toe duly swom, did depose and say that he is a rice president of the EMPLOYERS INSURANCE OF WAUSAU—A IAlutualCompamr, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors orssid corporation 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. Patricia A. Kletttan Notary Public NOTARY PUBLIC ..r•,, STATE OF WISCONSIN �` MY COMMISSION EXPIRES MAY 24, 1999 STATE OF W ISCONSI. ► CERTIFICATE CITY OF WAUSAU COUNTY OF MARATHON 1 1. the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Alutual Company, a Wisconsin corporation. do hereby certify that the foregoing and attached power of attorney.V4 HICII MUST CONTAIN A VALIDAT- ING STATEMENT PRINTED IN THE MARGIN THEREOF Iti RED INK, remains in full force and has not been revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau. htarathon County. State of Wiscon in. this 20th day of September 19 96 %L // /` - ter_ t,) R. J. Besteman r Assistant Secttiary NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY. CALL TOLL FREE (800) 826.1661. (IN WISCONSIN, CALL JAW) 472.004I ) 115.4=4 06-94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On September 24 , 1996 _ before me, Irene Olivas Seatter, Notary Public • Date - Nama and Tide of oprur to g.. -Jana face. Notary Pubbn ,; personally appeared Charles W. de Garrio , karne(s) of SNw(s) IX personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument • and acknowledged to me that he/sheRhey executed the .. &xx&xx&xx&x`Axx&'&.&'nsame in histherltheir authorized capacity(ies), and that by :.� histherltheir signature(s) on the instrument the person(s), 1 _ iaMAM COMKCNE 0 s 66245 or the entity upon behalf of which the person(s) acted, CAtVEM. r! tt�24ti � Y P P ( ) � 4 4 Notary PLWc -- CoFt«r,la executed the instrument. ORANGE COUNTY ny ebrllm, tc�cu dfesduL23,1- WITNESS my hand and official sea[. --IOU �06.ao I Signature o1 Notay PUW S OPTIONAL tiThough the information below is not required bylaw. 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: Pier Plaza Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual 17 Corporate Officer , Title(s): yiee President ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator , ❑ Other Top of thump here Signer Is Representing: ,VALLEY CREST L 'DSCAPE, INC. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — _r Limited ❑ General 0 Attorney -in -Fact C Trustee G Guardian or Conservator .. ❑ Other: Top of MUM here Signer Is Representing: 0 19% Nawnal Notary Assocrarron • 8238 Pammn Aw-. P 0. Box 7184 • Canoga Park. CA 91309.718A - - Prod.140. 5907 Reorder. Cap Ted -free 1.800-875-6827 i -(2 - o �9 - ---- - - -- - - -------._ - .,---------------------- _ �S did._.. �, _.5, _q g`�i DOD • 8-. �, -.-�- -- - ---_ _-.1+.�"- �-• _ t�".o-i-,+f�----�---------- - ---- - �7a, ado_-_ -- - -_r -.733,o6r ---- - -- --- - 3, - - 16A, $ aS, oo a -_ -- - __ ------------------_-- _- -P,din Oo0 - ---- U Aj-'---- - R - - f - Alf -566 :2 5� 600 ___ -- - __ c Fireman's Fund ❑ Fireman's Fund Insuranco Company ❑ The American Insurance Company ❑ National Surety Corporation O Association Indemnity Corporation ❑ American Automobile Insurance Company Nome Office. 777 San Mann Dr. Novato, CaPrfomia 94M KNOW ALL MEN BY THESE PRESENTS: That we, FPR International, Inc. BID OR PROPOSAL BOND (herc'naler mTed the Pdnc�4. as Pri 4W. and American Automobile Insurance Coupany , a corporaion organized aid doirK,l business under and by virtue of the laws of the State of Misseuzi , and duly kensed for the pi -Toss of making, 9mranteeing or becalming sole surety upon bonds or undertakings requ'ued or authorized by the laws of the Stale of -California as S;rety, are held and Fr* bound unto City of iiuntingtcn Bead {here infer called the Obligee) In the puff and just sum of Ten Percent of amount bid Dotta,s ($ 10% )lawful money of the Wed Stales of ltmerk2, for the payment of atr'th. wel and truly to be made, we hereby bird aurselves and our and eah of our successors and assigns, jointly and severaiy, firmly by these presents. THE CONDMON OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Prk4W as aloreraid, is about to hand in and rrbmit to the Obligee a bid or proposal! for fe Pier Plaza Improvements In accardancs with the plans and Vedfca:ions fired in the office of the Cbr" and under the notice kMing praposars therefor. NOW, THEREFORE, It the bid or praposaf of said Principal shall be accepted. and the contrad for such work be awarded to the PrbckW thereupon by the said (Ugee, and said Prnapaf " snier into a w tract and bond for the completion of said work as regtkW by law. thou this obligation to be nufi and M. otherAse to be and remain in Iul Was and gifted. IN N'NESS WHEREOF, said Principal and said Surety have caused these premises to be duty signed this 11 tt day of March .19 97• F.R2 International, B ' 36=449, H r ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _ sal i for -pi a _ County of orange On ,.�/���. _ before me, Jane xepner , Notary Public, personally appeared James A. Schaller 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/herltheir authorized capacity(ies), and that by his/her/their C JAN� KEPNER signature(s) nature comm. 8993318 g (s) on the instrument the person(s), or the • r ° Centity upon behalf of which the person(s) acted, oiom, Ewrw Aprr �. �COr � . executed the instrument. WITNESS my hand and official seal. ]2118(CA) - GENEIL4.L OF ATTT�'ORNEY A4IERICAN AU"TONIOI31LE INSURANCE CONIP.ANY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY. a Corporation duly organized and existing under the laws of il;e Stare of Missouri, and having its principal office in the County of Marin. State or California, has made, constituted and appointed, and does by these present; make, constitute and appoint --- JAMES A. SCHALLER --- COSTA MESA CA its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name. place Ind stead, to execute, seal, acknowledge and deliver any and all bond:, undertaking. recognizanees or other written obligations in the nature thereof — — — — — — — — — — — — — — — -- —__ pad to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. This power a rattorney is granted pursuant to Article VII, Sections 43 and 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full force and efi--ct. "Article VII. Appofatmeat and Authority of Resident Secretaries. Attarney-ln-Fact mad Aleuts to accept Legal Process snd.Nfake Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President. any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board or Directors, the President or any Vice -President may. from time to time. appoint Resident Assistant Secretaries and Attorneys -to -Tact to represent and act for mod on behalf of the Corporation and Agents to accept kgal process sad make appearances for and on behalf of the Corporsdoo. Section 46. A ntbority The authority of such Resident Assistant Secretaries, Atiornemlo-Fact and Agents shall be as prescribed In the tnstrument evidencing their appointment. Any such appointment and all authority granted thereby maybe revoked at any time by the Board of Directors or by any person empow etrd to stake such sppolnlment This power cf attorney Is signed and sealed under and by the authority of the following Resoludon adopted by the Board of Directors ofANIERICAN A[TPOMOB:LE INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984. and said Resolution has not been amended or repealed: "RESOLVED, that the signature o! any Ytee-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation, and the teal of this Corporation stay be affixed or printed on any power of attorney. on any revocation of any power orattorney. or on any certificate relating thereto. by facsimile. and any power of sttomcy. any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile sW shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF. AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presenu to be signed by its Vice -President. and its corporate scd to be hereunto affixed this 2 2 n dday of August 19 9 4 AMERICAN AUTOMOBILE INSUMNCE COMPANY s aawr.� 1'. By Yip=-Predmr STATE OF CALIFORNIA ss. COUNTY O F MARIN On this 2 2 n d day of August 19 9 G before me personally came N1. A. hialtonee tome knownwho, being by me duly swore; did depose and say: tint he is Vice -President of AMERICAN AUTDAN AIOBILE INSURANCE COMPANY. the Corporation iescribed in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that It was so affixed by order of the Board of Directors of said Corporation and that be signed his name thereto by like order. IN WITNESS WHEREOF. I have hereunto act my hand and affixed my official. seal, the day and year herein rust above written. OFFICIAL NOTARY SEAL A.KRIEGER ,Co Notary Publibml lic—Caan i.0 4 MAFUN COUNTY My Comm. Exp. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA 55. COUNTY CF MARIN 1, the undo -signed. Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY. a MISSOURI Corporation. DO HEREBY CERTIFY diet the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked- and furthermore that Article VII, Sections 43 and 46 or :he By-laws of the Cortoratica, and the Resolution of the Board of Directors; set forth in the Powcr of Attorney, are now In force. Signed and sealed at the County of lv,.rin. Dated the // day of ��Z�rl�ly 19 - mn.dem AUu.lael $eaaur 3r0711-AA -9a RELIANCE INSURANCE COM-p HOME OFFICE, PHILADELPHIA. PENNSYLVANIA Bond No. --- BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENTNO. A•310(FEB.1910 ED.) KNOW ALL MEN BY THESE PRESENTS, THAT WE KENAI CONSTRUCTION CO., INC. as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinaf. ter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, In the sum of TEN PERCENT OF CREATER MIOUNT BID -- ------------------------------------------------- Dollars($ 10% )r for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our- seNes, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for HUNTINGTON BEACH PIER PLAZA #1029 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.Sr93 State of_ CALIFORNIA County c f SAN DIEGO On 3/11/97 before me, JOHN G. MALONEY. NOTARY PUBLIC DATE NAME. TITLE OF OFFICER- E G..'JANE DOE. NOTARY PUBLIC' personally appeared GARY W. DULGAR, HELEN MALONEY NAMEtS) OF SIGNER(g) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/sheAhey executed the same in his/her/their authorized :• JOHNG.MALONEY capacity(ies), and that by his/her/their COMM.11046738 signature(s) on the instrument the person(s), NOTARY PUBLIC-C►LWORNIA SAN DIEGO COJNTY N or the entity upon behalf of which the �MYCOMMISSiOVEXP[RES "' person(s) acted, executed the instrument. FEBRUARY6.1499 WITNESS my hand and official seal. SIGNATURE OF NOTARY r OPTIONAL SECTI01 THIS CEFTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCU%I=NT— THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES Ttwugh the iata nested here is not required b taw OPTIONAL SECTION w� CAPACITY CLAIMED BY SIGNER Though stature does not require C+e Notary to till in the data below, doing so may prove invaluable to persons relying on the docurnent. INDIVIDUAL © CORPORATE OFFICER(S) PRESIDENT TITLES) PARTNER(S) LIMITED GENERAL Q ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAUICONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PEFISON{S) OR ENTITY(IES) DATE OF DOCUMENT it could prevant fraudulent reahachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEAiNITY COMPANY . ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA t POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- ; aware,'and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of -the State of Wisconsin (herein collectively called "the Companies') and that the Companies by virtue of signature and seats do hereby make, - constitute and appoint Helen Maloney, of Escondido. California their true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extant as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and seated and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. ThisT Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, -RELIANCE. INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the Peasidrt, the Chairman or the Board, Wy SWor Vice haident. any vice President or Assistant Vice Resident or othar oNicr desi"ld by the Board of T Directors SARI haws f or and authority to (air al,poinr Anorna►1s)4amFecl and to naltorite Thant to e■ecute on behalf of the Company, bonds eJ under okirn;3 recew tsncea, cornCeda of Wonnrrty __ r and other writings obligatory In the nature thereof, and ens to tormve Dry such Attomey(s)•in•Fact et unr time and revoke the power and authority given to them: _i - 2. Anoreney{s);IsFaa Ittnas hive power end euUtortry. subject lathe terms end lhnitatlons of the Power of Attomay issued to tha*.'-lo axearti deiivr On bNu1} W t1+e Campa�y. Dada ;_ and undefleking% recogfMlances. co nvocts of indemnity ana other writings obligatory in the netwo thereof. The Corporate sail Is not necessary for the varkIty of any bonds end undanskinps, y' recog,wanees. contracts of indermeety and otter writings owgstory In the nature thereof. *-'e - it 3. Attorneyis)an-Fad shall have power and authority to execute affidavits re4wed to be anarhd to bonds. recoonitanca. v;ntrms of Indaenity or other cqndith" or Obligatory tndertatkkV and they shall also have power and sudtorky to t:artify the financial statement Of the Company and to copies of the ay -taws of the Company or any t rtlde or section hallos. _ = _- _This Power of AttarsY Is &Wed and "sled by locsimee mnear and by authority of the following resaWtlon afoptod by Vq Uscuthre and Finance Committees of the Boards of Dredors of Relisnce�'F_ --_insurance Company. United Pacific I nswence Company wO Radiance Wild" Wemnity Company by Unanimous Consent dated as of February 29. 1994 and by the Executive and Feundat : - Comminse of the Board of Dwedors of Reliance Surety Company by Unanimous Consent dated as or March 31. 1994. ;'Resolved that the &W4rrats of such directors and officers and Its Dal of the Company may be affixed to srrsuth Power of Attorney of any CeMftataa relating thereto by �. 3r l: facs:mes.ond any auh Power of Anornsi, or carolcato bearing such faxinft signalwas or facsimile tool ahea be valid and binding upon the Company and any such Powr so , exerted ad certified by feaimnte Signatures and facsimile Beet alias be valid and binding upon the Company. in the future with respect to any bad or Inderta4ing to which It Is mocha )N'WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19, 1996: : RELIANCE SURETY CO3fPANY RELIANCE INSURANCE COMPANY . rwUNITED PACMC INSURANCE COMPANY Sur.L i •SEA to RELIANCE NATIONAL INDDEMNnT COMPANYF . era• .' , Ues 4' do " e n ' •w - ��; art ate -1 _ - F -_ f . STATE OF Washington } _ .COUNTY OF King ) ss. 4 - On this, July 19, 1996, before me, Janet Slanklay, personally appeared Mark W. Alsup; who acknowledged himself to be the Vice President of. . the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National _ Indemnity Company and that as such, being authorized to do so, axe foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as Its duly authorized officer O BL�{ti V�� ` : =. In witness whereof, 1 hereunto set my hand and official seal.a' H4IAF PUBUC ant .. -. yya5'<`� Nita Public in and far the State of Washing on Resi irig at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY; and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seals of said Companies this I ITHday of _-MARCH ' 19 �27. �'.er•4, Assistant Secretary'.: -rul L - Fireman's Fund O Fireman's Fund Insurance Company • The American Insurance Company O National Surety Corporation Q Association Indemnity Corporation 0 American Automobile Insurance Company Horne Office: 777San Varin Dr. Novaro. Calrlornla 94M ]NOW ALL WIEN BY THESE PRESENTS: drat we. HILLCREST CONTRACTING, INC. BID OR PROPOSAL BOND BOND` 7083400-1 PREMIUM —NIL (.vreiimhf raped the Pri. *al), as Prine W, and THE AMERICAN INSURANCE COMPANY , a oopora:bn organized a.-4 drying business urdar and by virtue of the laws of the Stale of NEBRASKA . wnd duly kessed fa the purpose of makir► . guaranteeing or dwminq We surety apo, bonds or w4i takings rimed or at,Wlzed by the tarns of ttw Stan of CALIFORNIA x Surety. we twirl and firmly bow urdo CITY OF HUNTINGTON BEACH (hofe;=ler eWW 111w Obr'gee) in the furl and just sure of TEN PERCENT OF AMOUNT BID DAM (S 10z ) Iawfut money of rho Wed States of America. forth+ payment ot*hi* well a.-4 truly to be made, we henry brd oume!ves and our and each of our suooassors and assigns, jointly and severely, burly by these pr ts. M IF CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the abcw bounden Nr4al as aforesaid, is about to hand in and sbTl to the 01,59 eabidOfPrgx al for the PIER PLAZA IMPROVEMENT — CASH CONTRACT NO. 1029 In a000fdwnce rvlth ft piers and specFaiors bind in the at ke of the Ob5po and under IN rebore inv —V proposals Owafor. W:W, THEREFORE, I the bid or proposal of said Primal shad be aaceptad. and fur contras for such work be awarded to the Fringe! tlwreupon by the sad Cbr". and said Prki W shad enter into a con twt and bond for the ooavietion of said work as requ W by law. then this dkgatbn to be nul and void. Wmmisa to be and rwnsh in ful force end *god. IN WITNESS WHEREOF. said Prjeo and $aid S"y have posed these pry ses to bed* signed this 18TH day of F EB RUARY .1 SP 7 . HILLCREST CONTRACTING, INC. 00 ey � GI.ENti' . SAi,SBURY PRESIDENT THE AM ICAN INSURANCE COMPANY 7isy 3S=-$49-xH DIANA LASKOWSKI AHorr4y4n-Fad CALIFORNIA. ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALXFORNIA COUNTY OF ORANGE On 2-18-97 before me, KAREN CHANDLER — NOTARY PUBLIC personally appeared DIANA LASKOWSKI I personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed. the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and offic' al seal. Karen Chandler V Comm. 019763S3 Q • NOTASY PUCLIC CAUFOMIA0 Seicpiature of Notary Public p�ursEGCU�:rY ii Comm. Exp. March R7.200D 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. DESC RZPTION OF ATTAC71ED DOCU16=T BID BOND TZTLE OR .TYPE OF DOCU1+� NDIEER OF PAGES 1 DATE OF DOCUME74T 2-18-97 ❑ INDIVIDUAL ❑ PARTNER(S) ❑ OTHER: CAPACITY CLAIMED BY SIGNER ❑ CORPORATE OFFICER TITLE(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) SIGNER IS REPRESENTING: JIJE MERICAN INSURANCE COMPANY NAME OF PERSONIS) OR ENTITYIS) c>aVE! AL • POF OWER -LTHE AMMCAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20. 1646, and redormestieated to the State of Nebraska on June 1.1990. and having its principal office in the City of Omaha. State of Nebras a a. has made, constituted and appointed, and does by these presents make, constitute and appoint DAVID L. CULBERTS O-.1, LINDA L. CULBERTSOND DIANA LASKOWSKI, CILMES L. FLAKE and KAREN CHANDLER, jointly or severally itslgueA.tf Ik tul1C orney{s})n.tact,withfullpowerandauthorityherebyconferrediniuname.placeandstad,toctcmte.seal,acknowledgeanddeliverany and all bonds, undertaking. reeogrxizances or other written obligations in the nature thereof and to bind the Corporation tt creby as fully and to the same extent as if such bonds were signed by the President, wiled with the corporate seal of the Corpor::ion and duly attested by its Secretary, hereby ratifying and confirming all that the said Attornry(s)-in-Fact may do In the premiss. This you tr of attorney is granted pursuant to Article Vll, Sections 43 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Arilde V11. Appoinizuent zed A trt6 oriry of Resident Secretaries, Arrorneys4st-Fad and Agents to rtavpr Legal Process had Ma1re Appe,rxncet. Section 4S. Appointment. The Chairman of the Board of Dhvdors. the President, any Vice-Preddent or any other person authorized by the Board of Directors, the Cbsirman of the Board of Directors. the Prtsident or any Vice -President may, from time to time, appoSat Resident Awbunt Secretaries and Attorneys -in -Fact to rtpreseat a2d act for and on behalf of the Corporation and Agents to accept leas] process and make appearances for and on behalf of the Corpori clot►. Secdo a Ad. Authority The tuthority of sut:h Ittsidtot Assistant Secretaries, Anoroe" Fad sad llteats shalt be as prescribed In the lastromeni eyidtoclug tbeiroppointmeat.Aoysueb appointment and all authoritygnnted thereby msybe revoked at anytime by the Board of Directors or by any person empowered to snake such sppotatmeat:1 This power of attorney Is signed and sealed under and by the authority of the following Resolution adopted by the Board of D'uemots of TtM AMMUCAN L4SU".NCE COMPANY at a meeting duly called and held on the 31st day of July.1994. and said Resolution has not been amended or repealed: -RESOLVED. that the signature of any Vice -President. Assistant Seaeusr), and Resident Assistant Secretary of this Corporation. and the seal of this Corpora- ion maybe affixed or printed an any power of attorney: on any revocation a f any power of attorney or on any certlfimte relating thereto, by facsimile, and any power of attorney, any revocation of soy power of atmracy. or certificate beating such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!, IN W MIESS WHEREOF. THE AMERICAN INSURANCE COMPANY bas caused these prucru to be signed byiu Vice -President, and Its corporate sea! to beherntt.toaffixedthis 24th dayof _ May _. - 19 91 i �.`.r`.:7;: THE AMERICAN INSURANCE COMPANY 1 y VivPrmdcae STATE O F CALIFOR2•RA COUNT7' OF MARIN R. D. Farnsworth On this a �. 4 r h day of ri3�., 19 Rl - before the pasowlSy came to me knrnm, who. bents by me duly sworn, did depose and say: that be is Vice-Premid=t of THE AIvMRICAN INSURANCE COMPANY, the Corporation described in and which txect:ed-tht above imstrumtnt-, that hit knows the seat of said Corporation; that the seal affixed tc tb:..id instrument Is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his same thereto by like order. IN WITN-=- WHEREOF. I have hereunto sat my hand and affixed my official seal, the day and yeas herein first above written. Weans jNttISHItRnusrtsesess m"smsfrssriletilltl N OFFICIAL SEAL 'j'J. M. VANDEVORT �� - NOTARY PUBLIC•CALIFORIIIA c - - Nawye,,e6e— ' Nncipat Ott'tce In Mstin Courtly My Cv%rr%hrlea Eroaes Ault. 2s.1"2 ! CE>ZTgTGTE insets go" raneerssuusssssensrrssss*srnIts stssestns STATE OI' CALIFORMA COUNTY OF 1 ARIN , I,theunde-signed. Resident Assistant Secretary ofTHEAMERICAN INSURANCE COMPANY. a 14EBWKA Corporation. DO1.IEREBYCE1tTIFtthat the foregoing and attached POWER OF ATTORNEY remains in full force and has not beam revoked; and furthermore that Article VII. Sections 45 and 46 of the By-hws of the Corporation. and the Resolution of the Bond of Directors; set forth in the Power of Artoraey. are aow in force. Sitned ane ualcd at the County of Main. Dated the 18TH day of FEBRIiARY _ 19 97 ` wl■� lms&K Am w.a Sweaty 360711-TA.&" (REV) State Of California County of Riverside On &6&*7 before me, ShereiEi Schriner-Nut�ary Public I IDAtE1 INAME.TITIE OF OFFICER-i.s.'JANE DOE, NOTARY PUStIC'1 personally appeared Glenn J. Salsbury WAMEiSI OF SIGNERISII ® personally known to me -OR- ❑ TATTY • proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) IsMres subscribed to the within instrument and acknowledged to me that he/UWb4 executed the same In hisW's& authorized capacit �iaik and that by hisi�fi signature(91 on the instrument the person(9), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. tSEALI 151GNATURE KF�110TA6Y ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could. however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document R/D B�D MUST BE ATTACHED TO THE DOCUMENT Number of PaOaa pate of pocurrsent DESCRIBED AT RIGHT: �/ 5gnerlsl Other Than Named Above o1olu�ovogi WOLCOTTS FORM 63240 Ray. 3 94 kw ce class 6-2A) �1994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIRTPRESENT ATIOIIfTWO FIIIGERPRINTS RIGHT THUMRPRINT 10ptional) ' CAPACITY CLAIMED BY SIONERIS) OINDIVtDUAL(S) OCORPORATE OFFICERISI ' President It110ES1 OPARTNER(S) OLIMITED OGENERAL - CIATTORNEY IN FACT ❑TRUSTEE(S) - OGUARDIANICONSERVATOR OOTHER. SIGNER IS REPRESENTINO: IName of Personls) or Enlitylies) Hillerest Contracting RIGHT 7HUMEiPRINT (Optionall CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALIS) OCORPORATE OFFICERISI Il11LES1 OPARTNERISI ❑LIMITED OGENERAL OATTORNEY IN FACT ❑TAUSTEEIS) OGUARDIANICONSEAVATOR OOTHER: SIGNER IS REPRESENTING: IName of Peteonls) or Entitylies) 7ald67775 6324�19, asmaul ST. PAllL FIRE AND MARINE INSURANCE COMPANY ='tmbdor St. Paul, Minnesota XXX • A C7pitzi Stock Company BID BOND XNOW ALL -MEN BY THESE PRESENTS, THAT WE, CALIFORNIA IBA, INC. as principal, and the ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation existing uneer the Iawa of the State of Minnesota, and duly authorized to transact business in the State of CALIFORNIA as surety, are held and firmly bcund unto CITY OF HUNTINGTON BEACH as cbligee, In the penal sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID-(10Z OF BID)- DO:U.ARS, lawful money of the United States of America, for the payment of which, well and truly to t-e made, are bind ourselves, our heirs, executors, admi %ivtr&t=, succenors and awdgns, jointly and 3"CralIy. firmly by these presents. .SIGNED, sealed, and dated this 7TH day of MARCH I9. 97 WIERF.A.S, the said principal Is herewith ; ubmitting a proposal for "HUNTINGTON BEACH PIER PLAZA, #1029" TBE CONDMON OF THE ABOVE OBLIGATION IS SUCH that, If the said principal shall be aGaric3 the CL—nt dv� tr.3 &.-M w.c.hr'.. NINETY DAYS------------------- ( 90 ) ds`js e.= receiving notice of such award enter into a contract and give bond for the faithful performance of the con- tract, then this obligation shall be null and void, otherwise the principal and surety will pay unto the obligee the difference In money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; in no event shall the surety's liability exceed the penal sutra hereof. CALIFORNIA IBA, INC. ._N........_ ... r _. PriscipsL » td' comfy ..... ................ ._ .ICHAEL A. QUIGL 1093E Rev. 5-79 alnt*d In V.S.A. Aftorwy-tn-fact STATE OF COUNTY OF On `K.`1y=1 itl ORANGE MARCH 7, 1997 before me, SS. H. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of satistactory evidence) o be the person(s) whose names) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ^ Lf : t f OPTIONAL r.. M. TREDINNICK CODA.. 110530e8 190TA11Y PV8L1C - CAL)F0AN1A .Te ; ORANGE COUNTY 1:r Comm. E:P1rea Mar. 20. 1999 This area Jhr Of frcial Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tffu,m ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: ftAME OF PERSOWS) OR EKMWE5) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE M601 Rev.6/94 r ALL-PURPOSE ACKNOWLEDGEMENT ST. PAUL FIRE AND AIARINE INSURANCE. COMPANY CERTIFICATE OF surcry 385 Washington Street, St. Paul, llinnesota 55102 ALTHORITY NO. CERTIFIED COrY NO. F-14096 For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800411-3880 and ask for the Poucr of Attorney Clerk. Please refer to the Certificate of Authority No, and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY 1928920 (Original on File at flome Office of Company. See Certification.) KNOWALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Min•+esota, having its principal office in the City of St. Paul, hlinnesota, does hereby constitute and appoint: michael A. Quigley, imlividu lly, A1iso Viego, California its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances. contracts of indcmr .ty and other writings obligatory in the nature thetof, which rue or may be allowed, required or permitted by law, statutt, rule, regulation, contract or otherw :e. NOT TO EX= IN PENALTY THE SW OF TEN 1=CU DOLLARS ($10,000,000) FACT and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said SL Paul Fire and A[arine [insurance Company, as fully and amply, to all intents and purposes. as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked. pursuant to and by authority of Article V.-Section 6(C), of the By -Laws adopted by the Sha-eholders of ST. PAUL FIRE AND MARINE INSURANCE CON(PANN at a meeting called and held on the 28th day of April. 1978. of which the following is a trot transcript of said Section 6 (C): —Ile President or any Via President, Assistant Vice President, Secretary or Semite Center General Manager shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attomeys-fit-fact, who are hereby authorized to certify to copies of any power -of -attorney issued in pursuance of this section and/or any of the By -Laws of the Company, and (3) To remove, s: any time, any such Attorney -in -fact or Special Attorney -in -fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 5th day of May, 1959. of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or 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 and any such power so executed and certified by facsimile signatures and facsimile scat shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." LN TFSTLMONY WHEREOF, SL Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 30th day of November. A.D. 1990. STATE OF NEW JERSEY ss County of Somerset ST. PAUL FIRE AND N1ARME. LNSURANCE COSIPAN-Y 4�' KENNETH J. RYA.\, Secretary On this 20th day of March 19 96 . before me came the individual who executed the preceding instrument, to me personally known, and, bein; by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the teal stt-txed to said instrument is the Corporate Seal of said Company: that the said Corporate Seal and hisfher signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Scat, at the township of Bedminster, New Jersey, the ems,:r day and year first above written. o•kt++ � LINDA SNIETH , [votary, Public. l fiddlesex. NJ My Commission Expires December 16. 1996 CERTIFICATION 1. the undersigned officer of SL Paul Fire and Nfarine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit. and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE. OF SAID COMPANY, and that the sane are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been rev,:ked and is now in full force and effect. IN 7FST1. ONY WHEREOF. I have hereunto set my hand this %TH day o f MARCH . 19 97 MICHAEL W. ANDERSON. Secretary 4 Only a c.-nified copy of Power of Attorney bearing the Certifcate of Authority No. printed in red on the upper right comer is binding. Photocopies, carbon copies or other reproductions of this dt>cument are invalid and not binding upon the Company. ANY IN;►Rt,'3IENT ISSUED IN EXCESS OF THE PENALTY ASIOLNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 29550 Rev. 1.96 Printed in U.S.A. GA\Bid Bond- Surety Bond © General Accident Insurance Company of America ❑ Pennsylvania General Insurance Company r NA [land Number Know all men by these presents, that "e Roman E.C.Q., Inc. as Principal, hereinafter called the Principal, and General Accident Insurance Company of America , a corporation duly organized under the laws of the Commonwealth 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 Amount of the bid Dollar ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successor; and assigns, jointly and severally, Firmly by these presents. Whereas, the Principal has submitted a bid for Pier Plaza Coastal Side of Pacific Coast Highway from First Street to Seventh Street Cash Contract No. 1029 Nov, Therefore, if the Obligee shall accept the bid of the Principal within the period specified therein, or if no period be specified, within sixty (60) days after opening, and the Principal shall enter into a contract with the Obligee in accordance N4ith 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 shill pay to the Obligee the penalty here of, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 12th day of —March _ Z9 97 Mritness) (Wilness) Roman E.C.D., Inc. (Principal) (Seal) By: � Mt[.4-C-1eA h- Ba-Le-\ . t KSi General Accident Insurance Company of America (Suretyl (Seal) br Ri rd Adair,Attorney in Fact 511.0101 2hI i twoM PIEW N ii 6 STATE OF CALIFORNIA ) ) S.S. COUNTY OF _ Los _Angeles __ ) on March 12,1997 , before me, personally.appeared Richard air , X- personally known to me; or proved to me on the basis of satisfactory evidence to be the, person(,As) whose name(s) is/AjeR subscribed to the within instrument and acknowledged to me that he/gkbe,Ah%k executed the same in his/hvrVkkvir authorized capacity(fax), and that by his/hxryXkxAr signature(x) 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, (SEAL) SSMifa ure of N ry ublic -----------._iteD CAPACITY CL BYSIGNER: ...................11...N.....,0046 a BRONWYN MURDOCK Q COMM. #1106048 R s �rwsuc-cus�wl s 2 LOS AMMM COtxrllf Z • My Cwm E0u.say 2Z 2000 Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. . .Individual(s) Corporate Officer(s) Titles Partner(s) w x Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: and and Limited General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE 4 dF Power of ::..�... Attorney GA 0115518 General Accident 436 Walnut S treet, Philadelphia. PA 19106 KNOW ALL VEN BY THESE PRESENTS, that the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, a Pennsylvania corporation having its prncipal oft! In Philadelphia, Pennsylvania does hereby make, constitute and appoint: Richard Adair, Joseph E. Cochran, Marls E. Shreckengast. all of the City of Los Ar;eles, State of Califom:a each Ind-vidualty if tiere be more than one named, its true and lawful Attomey-in-Fact, to make, execute, seal and deliver as surety for and on its behalf, and as its act and deed any and all bonds and undertakings of suretyship, and to bind the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA hereby as fully and to the sarne extent as if such bands and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA and seated and attested by one other of such officers, and hereby ratifies and confirms all that its said A:lorney(s)-in-Fact may do in pursuance hereof; provided that no bond or undertaking of suretyship executed under this authority shall exceed in the amount tho sum of: Twenty -Five Million Dollars ($25,000,0D0, is n1s power of attorney is granted under and by authority of Subsection 5.1 (b) of Article V of the by-laws of GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA which became effective February 20, 1992 and which provisions are In full force and effect, teadirg as fol'ows: 5.1(b) Tte Board of Directors or President, Vice President, or other oficer designated by them or either of them shall have power to appoint Attorneys -in -Fact and to authorize 'Kern to eyecute on behalf of the Company bonds and undertakings, recogn"noes, contracts of indemnity and other writings obligatory In the nature thereof, and to attach the seal of the Company thereto; and shag also have the power to remove any such Attorney -in -Fad at any Erne and revoke the power and authority given to him. Any instrument executed :y any such AComey-in-Fad shalt be as binding upon the Company as if signed by an Executive Officer, and sealed and attested by the Secretary.' This power of attorney Is signed and sealed by facsimile under and by authority of the fcllowing resolution adopted by the board of directors of GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, at a meeting held on the 20th day of February,1992, at which a quorum was present, and said resolution as not been amended or repeated: • •= :-� �: 'Resolved that in granting powers of attorney pursuant to subsection 5.1(b) of the by-laws of the Company Re signature of such directors and ofyicers and the seat of the Company ray be affixed to any sucti power of attorrey or any certificate relating thereto by facsinule, and any such power of attorney or certificate tearing such facsimile signatures or facsimile seat shall be valid and binding upon the Company In the future with resaect to any bond or undertaking to which it Is attached.' IN WITNESS WHEREOF, GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA has caused these presents to be signed by Dennis S. Perter, its Vice Presiden:,:and its corporate seal to be hereto affixed. this' 51i -,, day of Febpury 191QZ GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA Ccmmonweat.i'ofPennsylvania •*' Philadelphia C Dunty Dennis S. Perler, lice President On this 51h _ day of . February,19 97 personally appeared Dennis S. Peder to me known to be the Vice President of GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, and acknowledged that he executed and attested the foregoing Instrumq,160 seal of said corporation thereto and that the seal affixed to said instrument is the corporate seal of said Company, that said corpo n=iis are were duty effaced pursuant to the by -Taws and a resolution of the board of directors of said Company.::. DORIS L PTUWr. PLALNoiary it Pume ` �• �-� �. City of Fhdadetphis, Fhda. Couroy Notary Public in and for the Commonwealth of Pennsylvania �••jr �� : Mir Co-m-a+ion °res Nov. 9. 19$$ s�rw,►.',,� I, James E. Carroll, Assistant Secretay of the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, do hereby certify that the above and foregoing Ls a true and correct copy of a power of attorney executed by GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, which is still in full force and effact, and that Article V, Subsection 5.1 (b) of the by-laws of the Company and the resolution set forth above are still in full force and effect. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this _ 12 th day of march__-, 1922--. AM James E. Carroll, Assistant Secretary This Power of Attorney may not be used to ars-uucz For verification c- the authenticity of this Poser of Attorney you may call, 1.800-288.2360 and ask for the Power of Attorney supervisor. Please refer to the Po►%er of Attorney number the abr„e named indi►idual(s) and details of the bond to which the power is attached. In Pennsylvania, Dial 215-625-3081. $B-0027 3.92 AIU Insuranco Company American Hc•ne Assurance Company Granite Stain Insurance Company The Insuranca Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh, Pa. New Hampshire Insurance Company KNOW 111. MEN BY THESE PRESENTS: Thai : 1 Waildwide Bond,ng American International Companies Principal Bond Office 70 Pine Street. New York, N.Y. 10270 BID BOND IAIA 310i S.J. AMOROSO CONSTRUCTION CO., INC. AMERICAN HOME ASSURANCE COMPANY unto CITY OF HUNTINGTON BEACH, CA , as Principal, and , as Surety, are held and firmly bound , as Obligee. in the sum of TEN PERCENT (10fi) OF THE TOTAL AMOUNT BID — — — — Collars Is .. ), 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 PIER PLAZA, CASH CONTRACT NO. 1029 IN THE CITY OF HUNTINGTON BEACH NOW, THEREFORE, if the Obliges shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordant 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 Printipal to enter such Contract and give such bind or bonds. it 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, sr sled and dated MARCH 12, 1997 S.J. AMOROSO CONSTRUCTION CO., INC.- nnC-pall rseaa 13y v Z Sl'. {tale? tte) AMERICAN HOME AS Bond No. N/A 23373 t3/841 ANY M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN FRANCISCO Na. 5907 On MARCH 10, 1997 before me, JANET C. ROJO, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER . E.G.. *JANE DOE, NOTARY PUBLIC personally appeared TERRY J. MOUGHAN N"R(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 ac- knowledged to me that helshelthey 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. JAN7.FTC. Roo CO�J'�' #] QOt al WIT E-SS my and and official C ' Py PUBLIGCALtFOR,' IA { . SAN FF-kNiCISCD COUNTY �--- -_ 'CO �;: es lkg 18,199I tivlifiC/! SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY.IN.FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT Two (2) . NUMBER OF PAGES MARCH 12, 1997 DATE OF DOCUMENT SIGNER IS REPRESENTING; NAME OF PERSON(S) OR ENTITY(1ES) N/A _ AMERICAN HOME ASSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave., P.O. Box 7184 0 Canoga Park, CA 91309.7184 American }Nome Assurance Company POWER OF A170RNEY • `atir-rtal Union Fire Insurance Conilmny of I'itlsburgh, Pa. Princi, nl Bond Ofiicc: 70 Pinc Strcct. New • York, N.Y. 10270 No. 03-B-54050 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurancc Company, a Ne*,+,,• York corporation, and National Union Firc Instir.ince company of Pittsburgh. Pa., n Pennsylvania corporation, does each hereby appoint —Terry J. 1touglmn, Jack 1I. Woodruff, John Koster, John IL Lamberson, Cynthia L. Lewis. Donna M. Cergurich: of San Francisco, California — its Ime: and lawful Atiorncy(s)-in-Fact, *,with full authority to exeeule on its behalf bonds, undertakitigs, reeogniz inces and other contracts of indemnity and writings obligatory in tic nature thereof, issued in Iltc eoursc of its business, and to bind the respcclivc company tlicrcby. IN WITNESS WHEREOF. American Home Assurance Company and National Union Fir-- Insurance Company of Pittsburgh. Pa. have each cxccutcd these presents +mow •� • '� STATE OF NEW YORK ) con'I"Y OF NEW YORK)ss. this 2nd day of May 1995. Willi;uu D. Smith Pit 6d rc tt On this 2nd day of May 1995, before me canic the abo►•c-aanicd ofrccr of American Homc Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.. to me personally knonn to be the indi%•idual and officer dcscrib,:d hcrcirt, and ackno%%Icdgcd that he cxccutcd the forcgoing inslrumcnt and affixed the seals of said corporations thereto by authority of his ofGcc. 7GS:PH 3. NOZIOI No13ry P_ ;C. S: aTa Cl Plaw girt 11j. CI-N04S52754 t?+i;red in %yestcFe:for CERTIFICATE Excerpt: of Resolutions adopted by file Boards of Directors of American home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May IS, 1976: "RESOLVED, that the Chainnan of the Docird, ilia President, or my Vice I'r_sident be, and hereby is, authorized to appoint Atlomeys-in-Fact to represent and act for and on behalf of the Company to execute bonds, tinders:ikin.-s,.rccognizances mid otter contracts of indemnity and wiling-1 obligatory in ilia nature thereof, and to attach thereto the corporate seal of the Company, in tic tratsaciion of its surety business, 'RESOLVED, that tic signatures and attestations of such officers and the sc;il of the Conip.mv Amur be affixed to any'such Power ofAttomey or to any ceriPicale relating thereto by facxnnlle, aid any such lower of Attonicy or eeruflcale bearing Such f icsintle Sionalures or facsimile seal Shall be valid and binding upon tic COlTlIXufy U1101 so affixed with rc+Ix:ct to any bond, undertaking, rccognirmce or other eonlrrct of indeinnily or t'ritinb ehligitory in the nature thereof 'RESOLVED, that any such Ationicy-in-Fact deliveripg a s<crelarial certification that Ilia foregoing resolmtiom still be in clkct may insert in such eertificat ou the dale thereof, mid date to bi not later than the date of delivery thereof by such Attorney -in -Fact.' 1, Elizalx:th M. Tuck, Secret;uy of American Ilomc Assurance: ConulmlIV and of National Unirnn lira Insurance Cnml+ny of I'itlshurgli, Pa. do hereby certify that tie foregoing excerpts of Resolution, a.lapled by the Ilmird. of Directors of these cnrlkirations, and [lie I'owens of Atiomcy issued rt..-suant Iherclo, are lnuc and correct, and that butte ilia IZesolutiowc and Ilic t'u"crs of Attomcy ate in rill force and 01'ect. IN WITNESS WHEREOF, I lave lterentilq set my hand and alfixed Ilia facsimile seal of each corlumition -ruse" ' � ♦ ._ this 12th day of 14ARCEI 97 , 19 Elii•sbclh A1. Tuck, Secretary U5/07t95 13.50 S415 349 7031 S-J-AXOROSO »++ 1RVINR �iQOE ir �• 1 • i Vale t�+•�•e�� ccI4TtU =ps STATE UG NSC BOARD ACTIVE UCENlSE. . 331024 CAR ''• . S J HOROSO COHSTRU6YIOHr a A ASS B •. cow • 04130197 �SiJR' MINUTES OF A SPECIAL 1%1EETING OF THE BOARD OF DIRECTORS OF S.J. A IOROS0 CONSTRUCTION CO., INC. HELD AT 7 P%tI 11IONDAY, FEBRUARY 10,1997 AT FOSTER CITY, CALIFORNIA Present were the following Directors: Dana C. McManus Paul J. Mason The only item of business on the agenda was the designation and authorization of certain Officers of the Corporation to sign bid offers, construction contracts, pre -qualifications, powers of attorney and other legally binding documents which may require execution in the normal course of business. After some discussion, the following resolution was proposed and adopted by unanimous consent of the Directors present: RESOLVED THAT THE FOLLOWING OFFICERS OF S.J. AMOROSO CONSTRUCTION CO., INC., BE AND THEY HEREBY ARE DESIGNATED, EMPOWERED AND AUTHORIZED TO SIGN AND EXECUTE CONTRACT BIDS, PRE -QUALIFICATIONS, CONSTRUCTION CONTRACTS, POWERS OF ATTORNEY AND OTHER MISCELLANEOUS LEGAL DOCUMENTS THAT REQUIRE EXECUTION IN THE NORMAL COURSE OF THE CONSTRUCTION BUSINESS: Dana C. McManus C.E.O. Paul J. Mason President David J. Amoroso Vice President Joe Paxton Vice President Peter Sartorio Vice President Rich Armsworthy Estimator Greg Hurlock Estimator Dana C. McManus CEO, Secretary -Treasurer Paul J. Maso President ta.¢a,a,mvadoe CHUBB GROUP OF INSURANCE COMPANIES ''ri +• y-� CH'I.JE3E-3 Bond No. That we, 15 Mlounlain diev. Road. P.p Scx 1615. Waf•e i. Now Jersey 07061.1615 BID BOND FEDERAL INSURANCE COMPANY Amount S Know All Men By These Presents, PALP Inc. dba Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obtigee), in the sum of Ten percent of the total amo=t of the bid Dollars (S 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 6th day of march A.D. nineteen hundred and 97 WHEREAS, the Principal has submitted a bid, dated March 12 ,19 97 for Pier Plaza Irlprovementr (CC1029) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond wi'.n good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Pr ncipal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. PALP Inc. dba Excel Paving Company C PrincipalBy. ? , <iara� C. P. BROWN PRESIDENT FEDERAINSURANCE COMPANY Dougl�s A. Rapp Atto�iJJney in Fact Fcrm 75-W-OW.' (Rer. A-901 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 316197 before me, Christine M. Rapp, Notary Public_ Dale Nxme.1 -aic of Officer - e.g. "Jane Due, Notary Public" personally appearcd I migl-as A _ -Rant _ ' - Names(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 on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, CHRISTINE M. RAPP Comm.11102778 rn NOTARY NSUC • CAMCFAR N oFerre cmly MY CWA. Expires MY 9.2900 Signature or Notary S ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER Individual(s) Partner(s) Attorney -In -Fact CorporateOther Ofticer(s) Titic(s) SIGNER 1S REPRESENTING: Name of persons or entity(ics) POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ t71t)59 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. ' Coats of Laguna Hills, California--------------------------------------------------------------------- each Its true and lawful Attorney -in -Fact to execute under such designation In its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the toiiawing classes, to -wit 1. Bonds and Undertakings (other than Bail Bonds) filed In any suit, matter or proceeding In any Court, or Tiled with any Sheriff or Magistrate. for the doing or not doing of anything speclW in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof. Including those required or permitted under the Laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laves, ordinances or regulations of any State, City, Town, Village. Board or other body or organization, public or private; bonds to Transportation Companles, Lost Instrument bonds; Lease bonds. Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public. Sheriffs. Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors In connection with bids, proposals or contracts. In Witness Wheroof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused [.'lose presents to be signed by Its Vice President and Assistant Secretary and its oorporate seal to be hereto affixed this 10t h day of • March 1994 Corporate Seal Kenneth C. Wendel A"Lmnt Soemtary STATE OF NEW JERSEY County of Somerset FEDERAL INSURANCE COMPANY BY Gerardo G. Maurit Via Prssld*nt On this 10th day of Yarch 19 94 , before me personally came Kenneth C. Wendel to me known and by -me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described In and which executed the foregoing Plower of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney Is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he Is acquainted x °th Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. klauriz subscribed to said Power of Attorney Is In the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed b; authority of said By -Laws and in deponent's presence. Notarial Seal el��er* i � w �r�ac�a Acknowledged and Swom to before me on the date abzi wtinen. 1 J Notary PWic UX= A. 9CAVOWS 14" > 'idle, S;sta of lief Ieemy COW4No. 20S5S20 i.+Iae &PIrs: Oao:zr 2. 3994 R..n ISt M34 (Rev. W93) GENERAL P"+►c* Ll Ssazr am ur'w t E State of CALIFORNIA County of LOS ANGELES On V'�R 12 1997 before meageleste A. Graham, Notary Pub DATE) VANIErrITLE OF OFF,CER+..'JANE DOE. NOTAAY PVBLIC-I personally appeared Palp Inc. DBA Excel Paving Company WAMEISI OF SIONERIS11 . by C.P. Brown President personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to t e within instrument and acknowledged to me that he/she/they executed the same - in his/her/their CELESTE A. >^2ANAM authorized capacityliesl, �., and that b his/her/their CC: pignature(s on the a 'CCuhTY instrument theperson(s), TES --or the entity upon behalf of which the ANY CC`J.�t55:0`[ g�?I2E5 DULY 30, 1997 person(s) acted, executed the instrument. (SEAL) Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and Is also optional. ft could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT; Tide or Type of Document Nu %tw of Pages Date of Dowwrtt Signerla) Ottw Than Named Above 0 RIGHT THUMBPRINT [Optional) w �k K CAPACITY CLAIMED BY SIGNERIS) DINDIVIDUAL(S) OCORPORATE OFFICER(S) /71TI187 ❑PARTNERISI OLIMITED CGENERAL CATTORNEY IN FACT t7TRUSTEEISI OGUARDUINICONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Narno of Personlsl or Entityllsal RIGHT THUMBPRINT topt;onal) Il CAPACITY CLAIMED BY SIGNERIS) DINDNIDUALIS) OCORPORATE OFFICER(S) tniust C)PARTNERIS) DLIMIT>ED ,]GENERAL CATTORNEY IN FACT OTRUSTEEIS) CGUARDtANlCONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) ortntltyrws) WOLCOM FORM 83240 Rev. 3.91 {yin Vasa 9•2A) 01094 WOLCD"S FORMS, JNC. - ALL PURPOSE ACIW0WLEDGM14T WITH SIGNER CAPACITYMEPRESENTATIONnWO FINGERPRINTS 115167775-63240" s r • A❑ FIREMAN'S FUND INSURANCE COMPANY ® THE AMERICAN INSURANCE COMPANY 0 NATIONAL SURETY CORPORATION - BID OR PROPOSAL BOND rMEMN's ❑ ASSOCIATED INDEMNITY CORPORATION VCRMj(7'fGlef xl r ❑ AMERICAN AUTOM0131LE INSURANCE COMPANY BID DATE: 3/12/97 KNOW ALL IEl BY TiUSE PRFSEr;TS: That We, MALLCRAFT, INC. (hereinafter called the principal), as principal, and THE AMERICAN INSURANCE COMPANY- . a corporation organ- ized and doing business under and by virtue of the laws of the State of NEBRASKA . and duly licensed for the purpose of making Vuaronteeing or becoming sole surely upon bonds or undertakings required or authorized by the laws of. the State of CALIFORNIA as Surely, are held cmd firmly bound unto CITY OF HUNTINGTON - BEACH (hereinafter called the Obligee) In the just sad 1u11 sus of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID DoIlars (5 :•,10.% > ) lawful money of the United States of America for the payment of which, well and truly to be made, *41 ere' bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OB1.1GATiON 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 PIER PLAZA In accordance with the plans and specifications filed In the office of the obllgee and under the notice inviting proposals therefor. NOW. THEREFORE, if the•bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupo-1 by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, :hen this obligation to be null and void, otherwise to be and remain In full force and effect. 1N WITNESS WHEREOF. said Principal and said Surety have caused these presents to be duly signed and sealed this. • 11 th day of March .19 97 MALLCRAF'T, INC.. By THE AMERICAN INSURANCE COMPANYr% 7 - :- dy( " By M stets T. lfierZ �11OR1er-�.F°`' 3602ti7�t.t3 t r CAL'IFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On - _ 3/11/97 before me, John P. Brooks, Notary , DATE NAME, THE OF OFFICER - E.0 . JANE DOE. NOTARY PUBLIC' No. 5901 personally appeared Har areta T. Sierl NAMEM 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 ac- knowledged to me that he/shelthey 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 OMMA � BROOKS person(s) acted, executed the instrument. d t 1 Notary Public — CaCforNa •`' LOS ANGELES COU BY Aty Comm, Expires Nov 13,1998 _.; WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TrnZM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDWVCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrYp£S) DESCRIPTION OFATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • SM Renvml Ave., P.O. Box 7104 + Canoga Park, CA 91309.7184 cE.�iRAL . POWER e.iF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL KIEN BY THESE PRESENTS; Tt:at THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jerst y on February 20. 1846, and redomesticated to the State of Nebraska on June 1. 1990, and having its principal ofrice in the County of Marin, State of California, has made, constituted and appointed, aid does by these presents make, constitute and appoint --- HARGARETA T. HIERL --- PASADENA CA its true an i lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recogcizances or other written obligations in the nature thereof ..-------------------------- --- and to bi -A the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. scaled with the corporate seal of the Corporat-on and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This powf-r of attorney is =ranted Fursuant to Article VI1. Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. 'Article VII. Appolotmeof And Authority of Resident Secretaries, A etorneys-fa-Fart and Agents to accept Legal Process and ItfakeAppearAners. Section 45. Appointment. The Chairman of the Board of Directors, the President, any `'ice-Prrsideal or soy other person authorized by the Board of Directors, the Chairman of the &isrd of Directors, the President or soy Vice -President may. from Uwe to Ume, appoint Resident Assistant Secretaries and Attorner.An-Fact to represent and act for and on bcbsif of the Corporation and Agents to accept letal process and make appearances for and on bthatf of the Corpont:oo. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the iostevment evidencing their spp olotment,Anysuch appointment sod allsatbority groated Ihertbymaybe revoked at anytime by the Board of Directors or by any person empowered to make such oppolotmeot This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July. 1984, and said Resolution has not been amended or repealed: . "RE OLYE.D.ihat_the_signature ofany—Yicc-Pa-sidcnL—AssistanL.S=ctanL-andResident Assistant —Seeretary gf-Lh'sy CQmoration,_and the seal of_this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile.;�"'— and any power of attorney, any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporadonr IN WInL'ESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be herwr.to affixed this 2 5 t h day of January . 199 6 +� ..FfM ti, 'e "'"'' 9� THE AMERICAN INSURANCE COMPANY By ... - Y,a-P,ei.dea STATE OF CALIFORNIA _ COUNT y OF MAR iN On this 2.5 rh day of January . 29 9—(L_ before me personally came Nt' A. meal lonce tome kn awn, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation dcscribec! in and which executed the above instrument; that he knows the seat of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WM;ESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein First above written. ' r A. KRIEGER 0 ccf tM. 9 t 045112 +�4 kOTAttyFORCC-CAU:OIt. �aw7P.Duc V AR1rt C0VNTy myCknmEv esrttu.20.IM .4 CERTIFICATE STATE (:F CALIFORNIA ss. CO1UNTYOF?AAR1N I, the undersigned. Resident Asesant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation. DO HEREBY CERTIFY that the forts -Ant and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIZ. Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed sod scaled at the County of Maria. Dated the 1 1th dayof March , i9 97 •j�/L 'ram. . 1 Resident Awlism Seamy fE'eff 360711-TA-3-95 6A\Bid [fond' Surety Bond © General Accident Insurance Company of America ❑ Pennsylvania General Insurance Company NA Bond Number Know all men by these presents, that %ve Roman E.C.D., Inc. as Principal, hereinafter called the Principal, and General Accident Insurance Company of America _ , a corporation duly organized under the laws of the Commonwealth 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 Amount of the bid Dollar ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successor; and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for pier Plaza Coastal Side of Pacific Coast Highway from First Street to Seventh Street Cash Contract No. 1029 Now, Therefore, If the Obligee shall accept the bid of the Principal within the period specified therein, or if no period be specified, within sixty (60) days after opening, 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, f the Principal shall pay to the Obligee the penalty here of, then this obligation shall be null and %,oid, otherwise to remain in full force and effect. Si;ned and sealed this _112th _ day of March 19 97 (tivitness) (Witnessl Roman E.C.D., Inc. _ (Principal) (Seal) B: ByM%C_%XD1PA M. t30.a:,c-11 General Accident Insurance Company of America (Surety) (Seat) By��.� t3y Ri �rdkdlair,Attorney in Fact saa)w+ •r!)t t •N1 ulN_ STATE OC CALIFORNIA ) ) S.S. COUNTY OF _ Los Angeles ) on March 12,1997 before me, Bronw personally appeared Richardair , X_ personally known to me; or proved to me on the basis of satisfactory evidence to be the' person (xs) whose name(s) is/saxje subscribed to the within instrument and acknowledged to me that he/Ahftk executed the same in his/hmrVi k*ir authorized . capacity(:kax) , and that by his/hxrV1h*Ax signature(x) on the instrument the person'(s) or the entity upon behalf of which the person(x) acted, executed the instrument. WITNESS my hand and official seal. Q SRONMMURDOCK a (SEAL) R COMM.#t]06048 fl S ?VM PURL C -CAt1a M S Y 2 LOS A93M GOLM 2 • MyCwmEVYaJ*22.2M 4**too4•seei*����������f•�����H S a it of N ry ublic CAPACITY CLAa ED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. .Individual(s) Corporate officer(s) Titles Partner(s) x Attorney -in --Fact Trustee (s) Guardian/conservator Other: and and L m ted General Signer is representing: SUrety ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE J w � J N ' Power of iCt A -�--�- Attorney G 0115 518 GeneTaI Accident - �38 Walnut Street. Philadelphia, PA 19106 KNOW ALL MEN BY THESE PRESENTS, that the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, a Pennsylvania corporation having fts principal office in Philadelphia. Pennsylvania does hereby make, constitute and appoint: Richard Adair, Joseph E..Cochran, Mark E. Shreckengast, all of the City of Los Angeles. Slate of California each individustly if there be more than one named, its true and lawful Attorney in -Fact, is make, execute,:sea! and deliver as surety Tor and on Its behalf, and as its Tics and deed a -y and all bonds and undertakings of suretyship, and to bind the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA hereby as fully and to the sam•,� extent as N such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive Officer of the GENERALACCIDENT INSURANCE COMPANY OFAMERICA and sealed and attested by one otherof such officers, and hereby ratifies and confirms all that its said Att:mey(s)-in-Fact may do In pursuance hereof. provided that no bond or undertaking of suretyship executed under this authority shall exceed In the Amount the sum of Twenty -Five Million Dollars • ($25.000,000)-_ - - .77 This power of a homey is granted under and by authority of Subsection 5.1(b) of Article V of the by-laws of GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA which became effective February 20,1992 and which provisions are In full force and effect, reading as follows: 5.1(b) The Hoard of Directors or President, Vice Preskl4nt, or other officer designated by them or either of item shall have power to appoint Attomeysan-Fact and to authorize 'them to em xxata on behalf of the Company bonds" undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to attach the seal of the Company thereto; and shall also have the power to remove any such Attorney -In -Fact at any time and revoke the power and authority given to him. Any instrument executed kF any such Attomey-in-Fact shall be as binding upon the Company as d signed by a-i Executive Officer, and sealed and attested by line Secretary." This power of F-tomey Is signed and sealed by facsk7 ile under and by authority of fha following resolution adopted by the board of directors of GENERAL '_ACCIDENT INSURANCE COMPANY OF AMERICA. at a meeting held on the 20th day of February, .'1992,'at which a quorum was present; and said resolution has not been a-nended or repealed: .. =::= `Resolved, that in granting powers of attomey pursuant to subsection 5.1(b) of the by-laws cf the Company Shia signature of sucfi directors arid: officers ind the seal x# the -.'-i-'Company r-ay be &'faced to any such power of attorney or any certificate relating thereto by facstmTe,'and arty such power of attorney or certicate bearing such bcsinule `=_' signatures cr facsimile seat shag be valid and binding upon" Company In the future wk) respect to any bond or undertaking to which it Is attached-' IN 1ti1TNESS V.`HEREOF, GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA has Caused these presents to be signed by Dennis S. Perter, Its Vice President, and its corporate Seal to be hereto affixed, this " _ _5 day of February GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA in r.� pas Commorry rialfth of Pennsylvania Philadelphia County Dennis S. Peeler. Vice Presi ent .On this day of 19 91 personally appeared Dennis S. Peder to me known to be the Vice President of GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, and acknowledged that he executed and attested the foregoing inslrume ' ' seat of said corporation thereto and that the seal affixed to said Instrument is the corporate seal of said Company, that said _ : _co(a-X4ti4;- NOTAFKALi.nx wis 'ire were duly effaced pursuant to the by-laws and a resolution of the board of directors of said Company.::: DC S L PUW1. Ffotay publicCiy of Philadelphia. Phyla. �y Notary Public in and for the Commonwealth of Pennsylvania My Co•• mtseiei Expirms Nov, 9. IM VV I, Jariies E_ Carroll, Assistant Secretary of the GENERAL ACCIDENT INSURANCE COMPANY -OF AMERICA, do hereby certify that the above and foregoing Is a true and evriect copy of a pourer of attorney executed by GENERAL ACCIDENT INSURANCE COMPANY OFANIERICA, which is still in full force and effect, and that Article V. Subsection 5.1 (b) of the by-laws of the Company and the resolution set forth above are still In full force and effect. IN %%ITNESS V+'HEREOF. I have hereunto set my hand and affixed the seal of said Company this _12,h_ , _ day of Ma rrh 19�_. 12, • James E. Carroll, Assistant Secretary This Power of Attorney may not be used to exAIN Pit 11M hAIR, 1999 58-0025 3.92 )r verification o' the authenticity of this Power of Attorney you may gall, 1.800-288-2360 and ask for the Power of Attorney supervisor. Please refer to the Power of Roney number, the above named indi%idual(s) and defails of The bond to %hick the pov%rr is attached. In Penns)4 ania, Dial 215.625-3081. 3-OC27 3.92 Council/Agency Meeting Held:,a¢�7 Deferred/Continued to: 13 Approved ❑ Conditionally Approved D Denied -Bit ` City Clerk's nature Council Meeting Date: 815I96 Department ID Number. CS 96-030 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION � ,Bores Gay Wye/ — a - DPtJ 1-- G'n,o� ^ Lit.,,, • �. SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: RON HAGAN, Director of Community Service DES 141. JONES II, Director of Public War ROBERT FRANZ, Deputy City Administra SUBJECT: PERMISSION TO SOLICIT BIDS FOR PIER PLAZA F CC- IOag Statement of Issue, Funding Source, Recomrnended Action, Alternative Action(s), Analysts, Envtro mental Status. Attachment(s) 1;ni }tatement of Issue: Plans and specifications are now complete for the Pier Plaza Project. Should bids be solicited for the construction of the Pier Plaza project? Funding Source: Attachment #1 is an analysis of alternative funding approaches for the Pier Plaza project. Staff has identified available funds of $2.15 million. The current estimate of the total cost for the project with over $800,000 of bid alternatives is $5.19 million, leaving a potential funding shortfall of $3.04 million. Numerous funding alternatives exist to reduce or eliminate the funding shortfall, including Orange County bankruptcy recovery, oil spill litigation proceeds, and grants. If none of these funding sources materialize, and if construction costs are no: reduced from $5.19 million, the City would issue new thirty year debt (Certificates of Participation) to finance the shortfall. A final recommendation on funding will be submitted to the City Council at the time of bid award. Recommended Action: 1. Approve the plans and specificiations and authorize the Director of Public Works to solicit for bids for construction of Pier Plaza project; CC-1029. 2. Approve the attached sample contract subject to award of contract to approved lowest responsive bidder. Altemative Action(s): Do not move forward with the Pier Plaza project at this time. REQUEST FOR COUNCIL ACTION MEETING DATE: 8/5l96 DEPARTMENT ID NUMBER: CS 96-030 _Analysis: At Council direction, staff has been moving forward with the consulting firm of Purkiss-Rose RSI and its subconsultants to prepare final plans and specifications to bid the Pier Plaza_ In August, 1994, the City received approval of the Coastal Development Permit for the Pier Plaza project. Council then approved the final concept plans for Duke's at Surf City Restaurant as presented by TS Management Corporation of California and Hawaii on December 18, 1995. The City will build Pier Plaza at an approximate cost of $5 million. This would include demolition of Maxwell's and preparation of the site for TS to construct Duke's at Surf City Restaurant at their expense. The two projects are expected to move forward, one after the other, with the goal of completion in summer, 1997 of Pier Plaza, followed by completion of Duke's in the fall. Pier Plaza will include an open plaza area at the entrance to the Huntington Beach Pier at Pacific Coast Highway and Main Street (see attachment 1). It will be the anchor for the new pier as well as for the downtown redevelopment. It will include a palm court that will function as a public space for special events, as well as the entry way to the pier and Main Street. It will also include a grassy amphitheater area that will transition from Pacific Coast Highway/Main Street level to the beach sand level and act as a focal point for the more than seventy beach events that go on annually on the city beach. The project will also include refurbishing the beach parking lots from First Street to Sixth Street This will include improving the parking lot, landscaping, lighting and dividing the pedestianlbicycle trails. Sunny's concession, which is currently on the sand, will be relocated off the sand to Pier Plaza and will also include public rest rooms and showers. In order to insure that the project is completed in a timely fashion, staff is recommending two special circumstances. The first is to charge $2,000 in d. ally liquidated damages as an incentive for the contractor to complete the job within the prescribed time. Secondly, staff has formulated the bid package so that three bids are being requested: one for 130 working days, second for 155 working days, and the third for 180 working days. This will enable the contractor to include a "bonus" for finishing the job prior to the beginning of summer. This is similar to what Caltrans did to insure reconstruction of the Santa Monica Freeway (1-10) in a timely manner after the earthquake. The job could finish as early as April 1, but no later than mid July. The funding source for the early completion "bonus" will be the additional revenues that the City would realize by having the parking lots completed prior to summer. For example, if the project were completed by June 1, instead of July 15,1997, the City would realize 45 days of additional revenue which is estimated to be $128,000 based on 1995 revenue for Lot #1 adjacent to the pier. This would normally be lost revenue, but in this case would be used to create an incentive for the contractor to complete the job prior to summer. The anticipated "bonus" would be approximately $50,000. This would still mean an additional $78,000 in net revenue for the city ($128,000 minus $50,000). With approval to solicit bids, staff would anticipate returning to Council for approval of the lowest responsible bid in September with construction beginning mid October, after the City hosts the World Surfing Games. Construction would then be completed by July 15, 1997, and possibly earlier. 0019683.01 -2- 07124196 9:30 AM REQUEST FOR COUNCIL ACTION MEETING DATE: 815196 DEPARTMENT ID NUMBER: CS 96-030 Maintenance Impact: Annual Maintenance cost of the improvements associated with Pier Plaza is estimated at $250,000. New revenues from beach parking, restaurant lease, etc. will be used to offset this increase. Environmental Status: Previously approved in August, 1994 as part of the Coastal Development Permit process. Attachment(s): I. Pier Plaza Master Plan 2_ Pier Plaza Funding Alternative memo I Sample Contract 4. Location Map 0019683.01 -3- 07/24/96 4:03 PM CITY OIL HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION TO: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR FROM: ROBERT J. FRANZ, DEPUTY CITY ADMINISTRAV SUBJECT: PIER PLAZA FUNDING ALTERNATIVES DATE: December 11, 1995 lei Attached is an analysis of alternative funding approaches for the Pier Plaza Project. We have identified available funds of $2.15 million. The current estimate of the total costs for the project with over $800,000 of bid alternates is $5.19 million, leaving a potential funding shortfall of $3.04 nullion. Numerous potential funding sources exist to reduce or eliminate the funding shortfall, including Orange County bankruptcy recovery, Oil Spill litigation proceeds, and grants. If none of these funding sources materialize, and if constructicn costs are not reduced from $5.19 million, the City could issue new 30 year debt (Certificates of Participation) to finance the shortfall. New revenues from parking, restaurant lease, etc. could be used to pay the debt service and maintenance costs resulting from the project. Current estimates of the first year new revenues and new expenses resulting from, the project are as follows: first Year R ve_g_ nue/Experse Projections Minimum Standard Optimistic New Revenues $510,000 S675,000 $800,000 New Expenses $699,995 $699,995 $699,995 Surplus (Shortfall) $18( , 8.995) S23( ,995) 5101t005 Staff will continue to review construction expenses for opportunities to reduce costs and pursue grants and other non -debt funding sources to eliminate any potential annual shortfall as result of P.er Plaza Project. Using the above revenue and expense estimates, we have also attached a projection of the first 10 years of revenues and expenses. Because debt service is a fixed cost that does not increase annually, the first year shortfall summarized above would be eliminated after a period of years. (Both revenues and maintenance costs are projected to increase 3% per year in the multi year projection). cc Ron Hagan, Director Community Services Pivrpiza.doc 121111953:31 PINS Pier Plaza -10 Year Revenue/Expense Projections A $1,000,000 �- Optimistic Revenue Projections.,,. A. $900,000 .�'•�. Standard Revenue Projections $800,000 Estimates $700,000 -- _ , - .o 'a •n. .e- .a• $600,000 0' " • o Minimum Revenue Projections Sr $500,000 �•. $400,000 2 3 4 5 6 7 8 9 10 Year Pl.A7_A.XLS Chart 12/11/95 BUS SMELTER Y1 RN6 /LAZA LIGHT STANDARDS[13' HIGH. TOTAL ! OF LIGMTS. 761 EMERGENCY/MAINTENA E ACCES$ DRNAMEWAL BOLLARDS J� t'LAZA DEDIGATIOM WALL C-IA cn M x C -v x .y fV �c W � c�s<f-irn T fc1 PIER PLAZA PROJECT Zn "' y Cash COIN -MAC r 1029 r_ A DDENDMINUMBER 3 Cn September 18, 1996 Notice To All Bidders: Please note the following re%isions to the Project Plans, Contract Documents, Specifications, and Standard Drawings for the Pier Plaza Project: SECTION'S - FACILITIES FOR AGEIICY PERSONNEL 8-1 GENERAL fDelete previous rei•ision of Addendum Number 1, dated August 30, 1996, to this Subsection and add the following:l The Contractor shall provide a temporary office facility for himself and his subcontractors during the construction period. Additionally, the contractor shall provide and maintain a separate N atertight office on the premises and located where directed for the sole use of the Agency. The effice shall have a floor space of not less than 400 square feet with two private offices, not less than 80 square feet, furnished with two five foot desks with drawers, plan table, plan rack, bookcase, shelf, a two drawer file cabinet, and at least fire chairs. One of the private offices shall have a lockable exterior door. Offices shall be painted, heated, air conditioned, and prodded with operating screened windows, doors and locks. Electric power shall be provided, to include a minimum of four duplex outlets. Outdoor lighting fixtures shall be pro«ded to effectively light the area around the office facility. The contractor shall provide drinking water mithin the office and integral sanitary facilities for the sole use of the Agency. Sanitary facilities shall include a toilet and wash basin with hot and cold running water. if direct connection to a sewer line is not practicable, the contractor shall install and maintain a 250 gallon minimum holding tank designed for the application. Contractor shalt provide, at his own expense, two nonpay telephones for use within the 714, 213, 310, 818, 619, and 909 area codes. Cost associated for other area code calls shall be the responsibility of the Agency representative. Telephone service shall be provided with a bell located outside of field office to enable telephones to be heard in the field. 2. BUILDER'S RISK AND INSTALLATION CONSTRUCTION COVERAGE CONTRACTOR will procure, at no additional cost to the CITY, a "Builder's Risk and Installation Construction Coverage" insuranx policy for the work of this contract directly attributed to both RestroomlConeession and Kiosk constructions. Coverage must name the CITY as insured and shall include all perils coverage with a face Value equal to the contracted amount for such work Such policy, to be obtained after acceptance of bid, must be approved by the CITY Attorney and on file prior to the execution of the Contract by the CITY. 0021114.01 Page ! PIER PLAZA PROJECT CAsli CoN-TRACT 1029 ADDEND Ulf NUMBER 3 September 18, 1996 PROJECT BID SCHEDULE(S) & SEAL BID SUBMITTAL Many requests from prospective bidders have been mzde of the CITY to eond:nse and simplify the bid proposal package. Basically, the requests stem from the "eleventh hour' rush at bid time when bidder are still receiving quotations from prospective subcontracters and suppliers, and due to the magnitude of this job, there is not enough time to adequately complete each respective bid schedule. Therefore, to make this hectic time before bid more accommodating for the bidd--r, the follo%%ing changes %01 be made: In lieu of submitting a completed bid schedule form for each respective working day schedule, at the time specified in the Notice Inviting Seal Bids, the bidder shall be responsible for only completing that portion of the bid schedule identited as the Total Amount Bid in words and in figures for each respective working day schedule. To funher simplify, a Total Amount Bid Sunmary sheet has been prodded for this task. The bids i ill remained sealed for 24 hours. Each bidder shall have up to the hour of 2:00 p.m , Wednesday, September 25, 1996, to submit, to the Office of the City Clerk, fully completed, excluding written words, bid schedules for each respective lump sum bid submitted. In addition, incorporated Within this addendum are three reMse.d bid schedules which take into consideration the changes outlined by this and all previous addenda issued. These three revised schedules shall replace the previous and shall be those the bidder is responsible to complete. Shortly after the submitting of the bid schedules, the bids «ill be publicly opened in the Council Chambers unless otherwise posted. Please note, TIIF 5171MITTAL TI\IF OF ALL OTHER PROPOSAL REQUIREMENTS. ItiCLUDINC Tur izymtrT-m OF "PTrF BIDDER'S RO D", "LUST OF M'BCONTRACTORS", 0NoNC0LLt'S10N AFFIMOW", "UTILITY ACREUWNT", "Dlc!il'ALTFICATION Ot'FSTIONNAIRF", "COMPENSATION KIZURANCE CF1ZVnCATF% $ "81T1r)FR'S 1NF0R1U.ATION", RFMAINS UNMANCFD AND SMALL BF.INCLI'DFU ITI IE 6t'R%IITTALnF SF.ALFD BIDc. 4. Reuse Detail "C", Sheet 77 (E-10), titles '"TYPE "1" LUNIINAiRE MOUNTING DETAIL". Refer to attached detail, Sketch No. SKE-01, Addendum Three dated 9-11-96. 5. Rmise Detail "D", Sheet 77 (E-10), titled `TYPE "Y' LL NAIRE MOUNTING DETAIL". Refer to attached detail, Sketch No. SKE-02, Addendum Three dated 9-11-96. 6. Omit Detail "B", Sheet 78 (E-I1), titled "TELEPHONE PULLBOX DETAIL". Refer to attached detail, Sketch No. SKE-03, Addendum Three dated 9-11-96. 7. Revise the estimated quantity for project bid schedule item number 120 to "one each'. Revise the Bid Description for project bid schedule item number 129 to read "South Parking Lot Pedestal (with Panels E and F)". 9. Revise the Bid Description for project bid schedule item number 130 to read "North Parking Lot Pedestal (mith Panels E and F)". 10, Rmise the Bid Description for project bid schedule item number 131 to read "CONNECTION TO SCE TRANSFORMERS". II. Reuse the estimated quantity for project bid schedule item number 153 to Iwo each and revise the bid description to read "TELEPHONE PULL BOX (17"x30" x22"). 0021114.01 Page 2 .r PIER PLAZA PROJECT CASH COtiTRACT 1029 ADDENDUM NUMBER 3 Seplember 18, 1996 12. Rc%ise the estimated quantity for project bid schedule item number 155 to 10 each". 13. Re%ise the estimated quantity for project bid schedule item number 156 to "5 each". 14. Revise the estimated quantity for project bid schedule item number 158 to "5 each". 1S. ReNise the Bid Description for project bid schedule item number 163 to read "TRANSFER EXISTING LIFEGUARD LOADS TO NEW PANEL D". 16. Combine project bid schedule item numbers 166 through 196 (FEEDER CON. #1 - #31) as one jump sum. The one lump sum bid item shall be considered item number 166. 17. Combine project bid schedule item numbers 197 through 247 (SEGMENT #1 - #51) as one lump sum_ The one lump sum bid i-em shall be considered item number 167. l8. The Bidder/Contractor shall add new SEGMENT numbers 52 through 62, as noted on Sheet number 73 (E-8) "ADDENDUM 3, REISSUE SHEET". Payment for the additional SEGMENTS 52 through 62 shall be included in one lump sum. The one lump sum bid item shall be considered item number 168. 19. The payment for the following items of telephone conduit work: l . Installation of 400 linear feet of l" SCH 40 PVC Telephone Conduit; 2. Installation of 2440 linear feet of 2" SCH 40 PVC Telephone Conduit; and 3. Installation of 1840 linear feet of 4" SCH 40 PVC Telephone Conduit shall be considered included in bid item number 162. "CONCESSION MISC. BRANCH CIRCUIT, CONDUIT g %M NG". 20. The follouing electrical plans have been revised and are attached to this addendum: 1. Sheet 66 (E-1) 2. Sheet 67 (E-2) 3. Sheet 68 (E-3) 4. Sheet 69 (E-4) 5. Sheet 70 (E-5) 6. Sheet 71 (E-6) 7, Sheet 73 (E-8) 8. Sheet 74 (E-9) 9. Sheet 78(E-13) The following new sheets have been added to the bid set and are attached to the addendum: 1. Sheet 78.1 (E-14) 2. Sheet 78.2 (E-15) 3. Sheet 79.3 (E-16). The revision block description on each plan is noted as "ADDENDMI THREE, ISSUE SHEET". 21. Revise the first sentence of the specification section 209-2.7 "Nameplates", subsection 209-2.7.1 as follows; "Provide nameplates for all electrical equipment and as indicated on drawings". 0021114.01 Page 3 PIER PLAZA PROJECT CASH Co%-rRACT 1029 ADDENDUMNUMBER 3 September 18, 1996 22. Revise specification section 313-5 "Outlet Boxes", subsection 313-8.1 as follows; "Unless otherwise indicated or specified, do not install lighting circuit smaller than No. 10 AWG. For control conductors protected by 15 ampere or loner overcurrent protection, No. 14 ANVG conductors may be installed. Where approved by cod:, remote control and signal circuits may use No. 18 or No. 16 AWG. Interior conductors should be minimum size No. )2 ANVG. Increase No. 12 to No. 10 A%WG for 120 volt home runs exceeding 75 feet". 23. Revise specification section 313-9, "Conductor Joints and Taping", subsection 313-9.1 as follows; "Joints in conductors smaller than No. 6 AWG shall be with solderlcss, tapeless wing nut type pressure cable connectors. Conductors No. 6 AWG and larger shall be joined together with approved pressure connectors and taped to provide insulation not less than that of the conductor connections to snitch or bus bar. Switch and bus bar connections shall be made -M*1 one piece cooper lugs for conductors No. 8 AWG or larger". 24. Add the following subsections to the project specification section 313-10, "Grounding': 313-10.2 Service Entrance Grounding Provide a stainless steel ground rod (518" diameter, 10 feet in length, per NEC 250-81(C)) for each piece of equipment fed directly from Southern California Edison (SCE) transformer. Coordinate service entrance grounding requir.ments with SCE. 313-10.3 Green Ground Conductor Provide a separate green equipment ground conductor in all electrical raceways, whether or not it is indicated on the construction plans. 313-10.4 Ground Bus Provide one No. 6 ANVG Ti-D IN wire in 112" C from each telephone backboard to a ground bus in a local panelboard_ 313-10.5 Payment Full compensation for all work specified shall be included in the price bid for other items of related work and no additional compensation will be allowed therefor. 25. Add the following coordination note to sheet number 26.1 (S2.2), Detail 11: "Coordinate with electrical contractor for kiosk conduit entrance. See Electrical Sheet number 74 (E-7) ". 26. Add the following coordination note to sheet number 28 (S3.2), Details 17 and 1S : "Coordinate with electrical contractor for concession/restroom building conduit entrance. See Electrical Sheet 73 (E-6) ". 27. Revise the following specification section 212 "Landscape and Irrigation Materials", subsection 212-1 "Landscape Materials", 212-1.2 "Soil Fertilizing and Conditioning Materials", 212-1.2.1 "General" [Add the following to the second paragraph:] "the contractor shall be responsible for securing the services of a qualified plant and soils laboratory to collect and a_aalyze soil samples from the project site after the completion of the site grading. The plant and soil laboratory shall prepare an Agronomy Report for the project's planting areas. The Agronomy Report shall also make recommendations for types of soil 0021114. 01 Page 4 PIER PLAZA PROJECT CASH CoN-rRAt_T 1029 ADDEND UA! NUAfBER 3 September 18, 1996 conditioners that shall be used for palm tree and shrub backfill material". The Agronomy Report specified as part of this addendum shall be included in the unit price for "Soil Preparation" and no additional compensation mill be allowed therefor. 28_ Revise the irrigation and drinking fountain domestic water point of connection per the attached detail titled "Irrigation Clarification Detail", sheet #1, dated 9-11-96. 29_ Revise the rnurallsignage mvall detail per the attached detail titled "Mural/Signage Wall Section", sheet #2. dated 9-11-96. 30. Revise the automatic irrigation controller detail per the attached detail titled "Irrigation Controller Enclosure', sheet 43, dated 9-11-96. 31. Revise the gate detail per attached detail titled "Gate Detail", sheet #4, date 9-11.96. 32. Revise the step noser detail per the attached detail titled "Nosey Detail", sheet 45, dated 9-11-96. 33. The contractor shall add the purchase and application of a concrete sealer as manufactured by Dyno Penetrating Water Seal or approved equal to the concrete areas indicated per attached detail titled "Concrete Sealer Locations", sheet #6, dated 9-11-96. The concrete sealer shall be included in the appropriate bid schedule unit price for concrete and no additional compensation mill be allowed therefor. 34. For clarification purposes the attached details titled "Wall at turf and Stairs', sheets #7 & #3, dated 9-1l- 96 have been included as part of this addendum. 35. The bidder -contractor stall include as part of the project bid, two stainless steel Banner Poles mith concrete base and footings as indicated per the attached detail titled "Banner Pole Detail", sheets 9 & 10, dated 9-11-96. Payment for the stainless steel ba:tmer poles, concrete bases and footings shall be considered included in the unit price bid for "P.I.P. RETAIMNG WALL G STAIRS ADJACENT PIER (VARIES IN HEIGHT FROM 2' to 12'6")", bid item number 88 and no additional compensation mill be allowed therefor. 36. The bidder'contractor shall include as part of this project bid, purchasing and applying a scaler for all interlocking paver areas. The scaler shall be Paver Scalcr-SB, manufactured by Addiment, Inc. Payment for the purchase and application of the sealer shall be included in the unit price bid for respective pater bid items and no additional compensation mill be alloavd therefor. 37. Revise the demolition of the existing Maxwell's Structure to include the removal of the existing piled foundation as follows. The piles mill be cut off beneath, any proposed slabs of the new Duke's Restaurant, per the attached pages one through seven of the Report of Geotechnical Exploration, dated June 13, 1996, Prepared by Converse Consultants Orange County for the proposed Duke's Restaurant. Payment for all work associated mith the site preparation and grading for the purposed Duke's Restaurant, as outlined by the Geotechnical Exploration Report, shall be considered included in the project lump sum bid for "DEMOLITION OF I4iAXWELL BUILDING, INCLUDING SUB -STRUCTURE", bid item number two. 0021114.01 Page 5 PIER PLAZA PROJECT CASH COh'TRAcI' 1029 ADDENDUM NUMBER 3 September 18, 1996 38. Reese the specification section number for reinforcing steel to 201-2. Within the same section, raise the section nuribcr for "Description" to 201-2.1 and "Quality Assurance" to 201-2.5 "Related Work Not In This Section" to 201-2.5.5 and finally "Source Quality Control" to 201-2.5.6. 39. All reinforcing steel rcbar called out by the project documents shall be epoxy coated. 40. Bidder/contractor shall note re\isions to construction plan number 55, titled "Amphitheater Foundation Plan", dated 9-11-96 attached. 41. Bidder/contractor shall note clarifications to cons -ruction plan number 57, titled "Amphitheater Elevations", dated 9-11-96 attached. 42. The contractor shall coordinate all aspects of project construction i ith the Pier Plaza Artists. the Tile Mural Artist will need approumatelP two weeks on site to complete his scope of work. The Amphitheater Artist Nil] need approximately four weeks for the first phase of his work and approximately five weeks to complete his second and final phase of nvork. The Contractor shall include the cost for required coordination for the Artists to move onto the project site and complete their %work. Payment for contractor coordination shall be included in the price bid for other items of work and no additional compensation will be allowed therefor. 43. Revise the irrigation remote control valve model indicated on the Irrigation Legend to a "Griswold, model 2230, remote control valve Kith all purpose solenoid", size per plan. Revise the size of the Febco Reduced Pressure Back -flow Preventer indicated on the irrigation plans and Irrigation Legend to 2". 44. Revise the Automatic Controller note indicated on sheet 46 to read the following: "36 Station Controller mounted in enclosure. Controller and Enclosure shall be furnished and installed by the contractor". Payment for controller, enclosure and all required work shall be considered included in the lump sum bid for "IRRIGATION SYSTEM P.O.C. & DOMESTIC LINES FOR DRIN%IA'G FOUNTAINS". 120 volt independent electrical circuit shall be provided by the contractor. 45. Revise the size of the Water Meter noted on the irrigation calculations indicated on sheet 49 to 2". 46. Revise the description on the Irrigation Legends for the Rainmaster Automatic Irrigation Controller to read; "(l) Automatic Controller. 47. The contractor shalt be responsible for all coordination and cooperation with the Duke's Surf City Restaurant Building Contractor. The Building Contractor is anticipated to move onto the project site sometime after the subgrade preparation work, for the new restaurant, is completed. It is anticipated that a portion of the beachfrent (Ocean Side), including concrete area, adjacent to the proposed restaurant site shall be used as a staging area for the Duke's Building Contractor. Payment for all required coordination and cooperation with the Duke's Building Contractor shall be included in the price bid for other items of work and no additional compensation will be allowed therefor. 0021114.01 Page 6 PIER PLAZA PROJECT CASH Co;vTRAcr 1029 ADDEND Ulf NUMBER J i Seplenrher 18, 1996 48. For clarification, the plans only indicate construction fencing along the bcach side of the project area. However, the project gill require perimeter fcncing of the entire work area. The contractor shall be responsible for the instaIIation and removal of all perimeter fencing, including all gates. Paymcnt for all perimeter fencing, including all gates, shall be consider included in the unit bid price for bid item number 4 and no additional compensation will be allowed therefor. 49. The contractor shall replace the following specification section (attached as part of this addendum) with the original specification sections: Section 03310 - Concrete Section 03450 - Precast Concrete Columns Section 04200 - Unit Masonry Section 06100 - Rough Carpentry Section 08110 - Stainless Steel Door The following specification sections are in addition to the original specifications and shall be included in this work: Section 03200 - Concrete Reinforcement Section 03600 - Mortar and Grout. W Rnise construction for Kiosk Building Plans as indicated as indicated on sheet 24.1 (A-8) and 26 (S2.2) attached and noted as Addendum Three re%isions, dated 9-11-96. All bidders shall acknowledge the receipt of this addendum with their bid proposal. These re►isions do not change tre Engineer's Estimate. Should you have any questions regarding this Addendum Number 3, please tall me at (114) 375-5078. cf Douglas S. Stack, P.E. Associate CM1 Engineer This is to acknowledge receipt and rc%icw• of Addendum Number 3, dated September 18, 1996. It is understood that the rnisions discussed and outlined in this Addendum shall be included in the project bid documents. Company Name 0021114.01 By Date Page 7 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE PIER PLAZA IMPROVEMENT PROJECT THIS AGREEMENT, made and entered into this day of 19 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as 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 QF WORK: ACCEPTANCE QF 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 1 SAMPLE 3,VPCD0eVazl5M96 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE PIER PLAZA IMPROVEMENT PROJECT TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NOWASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY FEES 15 32. ENTIRETY 15 3kverpwjvm^ss 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 SPMFIICATI NS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, Including those on file In the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1994 edition of Standard Specifications for Public Works Construction, published by Builders` News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Souther California chapter of the American Public Works Association and the Southem California District Associated General Contractors of the California Joint Cooperative Committee; 2 SAMPLE E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. CgMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 SAMPLE CONTRACTOR shall prepare and otrtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and Incidental to the prosecuticn 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 tight 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. fi HAC NGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon In writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 4 SAMPLE 3,V*r0u rzr,/ss 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. B. 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 famished. 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 5 SAMPLE 1. •u�•� i'r1"rl-��j payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. `11. LIQUIDATED DAMAGESIDELAYS It is agreed by the parties hereto that In case the total work called for hereunder is not in 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 time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 6 SAMPLE 3&VerplazV2rSW 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 frcm default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented In writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, Irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified In writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 SAMPL.E 3VpW0azV2696 13. VARIATIONIN ESTIMATED ANTITIE 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, a: 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. PRQPRESS 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 -rive (35) days after the acceptance of the work and the fling of a Notice of Completion by CITY. Payments shall be 8 SAMPLE 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 YAth the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD NTRA T F ND S B TIT TI N F SEC R1TIE At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR cf the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, Including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including 9 SAMPLE ._- those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily Injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to 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. INSURANCR , CONTRACTOR shall cant' at all times Incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shalt also include automotive bodily Injury and property damage liability insurance. All insurance shall be underwritten by Insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional 10 SAMPLE Insureds. CONTRACTOR shad subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars (S1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CCERTIFICALE.S OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shalt promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. • The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, In a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's Insurance policies, naming the CITY, its officers and employees as Additional Insureds shall b© provided to the City Attomey for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this 11 SAMPLE r0azWS'6 Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of CCalifomia Gov_emment Code sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not 12 SAMPLE M469"Z sr sse CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid In the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY Is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 SAMPLE 5 Ain P LJE 31, ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (drde one) Chairman/PresidenWice President By: print name ITS: (ckde one) Secretary/Chief Financial Officer/Asst. Secretary -Treasurer REVIEW U AND APP ED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Z f/fwl (o-y5 g t INITIATED AND APPROVED: Director of Public Works 14 SAMPLE 3kWWPWJW" COASTAL SIDE OF PACIFIC COAST HIGHWAY FIRST STREET TO SEVENTH STREET LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT DE PUBLIC WORKS PLAZAMAO.DWG Pam. g Ise, C1 Is 9halgto c� NOTICE INVITING SEALED BIDS f�a*do8/QJE9S P1r1 for CC-1029 Pier Plaza Coastal Side of PCH from First to Seventh Streets Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City ClerkCsday, a 00 ain Huntington Beach, California, until the hour of 2:00 P.\i on TtSeptember 24, 199b, at rich time bids will be opened publicly and read aloud in the Chambers for the Pier aza Project located in the City of Huntington Beach_ A set of plans, specifications, and contract documents may be obtained starting Thursday-, August 22, 1996 at City Hall, Department of Public Works upon receipt of a non-refundable fee Of 5150.00, if picked up or $180.00 if mailed, sales tax included. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work ar_d improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by late. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 5th of August. 1996. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 002(1699.01 eaq.L, gP" q15, " R 1 Jah b NOTICE INVITING SEALED BIDS Fal(lz ?)a' 19b for CC-1029 Pier Plaza Coastal Side of PCH from First to Seventh Streets Notice is he eby given that sealed bids wit e,r the City of Huntington Beach at the office of the ity Clerk at City H , 000 Main 99, Hu ington Beach, California, until the hour of 2:00 P, on Tliursd, eptember 19, 1996, at hi h time bids will be opened publicly and read aloud i the Council Chambers for the Pier aza Project located in the City of Huntington Beach. A set of plans, specifi ations, and contract documents may be obtained starting Thursday, August 22, 1996 at City\that epartment of Public Works upon receipt of a non-refundable fee of S 150.00, if picked up o.00 if mailed, sales tar included. Each bid shall be madeProposal Form and in the manner provided in the contract documents, and shall be aled by a certified or cashier's check or a bid bond for not less than 10% of the amoune id, made payable to the City of Huntington Beach. The Contractor shall, in the pence f the work and improvements, conform to the Labor Code of the State of Californiather 1 vs of the State of California applicable thereto, with the exception only of such vns that ay be required under the special statutes pursuant to wHch proceedings hereuntaken an which have not been superseded by the provisions of the Labor Code. Preferenbor shall b iven only in the manner provided by law. No bid shall be considered unless it is made on form furnished by the City of Huntington Beach and is made in accordance with the provisions oft a proposal requirements. Each bidder must be licensed and also prequalified as inquired by law. The City Council of the City of Huntington Beach reserve the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, alifornia the 51h of August. 1996. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 0020699.01 Pier Plaza Funding Alternatives Projected First Year Increased Revenue Minimum Standard Optimistic Revenue Source Parking Fees $200,000 Restaurant Lease 200,000 Safes Tax 40,000 Property Tax (Redevelopment) 45,000 AThi Lease 25,0 Total $5101000 New Ongoing Costs (Annual)* Maintenance/Operations S275,000 Debt Service - Unused COP's 150,000 Debt Service - New Debt 273,995 Total New Costs $698,995 $275,000 240,000 60,000 50,000 50,0000 $675,000 $350,000 280,000 70,000 50,000 50,000 $800,000 *Assumes City Issuance of New Debt to Fund the Maximum Funding Shortfall for One -Time Costs. Summary Surplus/Shortfall using Different Revenue Projections: First Year Revenue Projected New Revenue Minimum Standard optimistic Surplus/Shortfall ($988,995) ($23,995) - $101,005 PLAZ.A.XLS 12/11/95 Pier Plaza Funding Alternatives Estimated City Costs (One -Time Costs) Construction Costs* $4,123,892 Contingency (10%) 412,389 Incidentals (5%) 206,195 Construction Management (8%) 329,911 Revenue Loss during Construction 12, 20,000 Total JU 92 38 * Includes bid alternates of over $800,000 (estimated) Available Funding Sources for One Time Costs Available Due from Funding the County Unused COP's $1,500.000 $410,000 Unused Golf Course Funds 172,000 374,000 Unused Park Bond Reserves 75,000 98,000 Unused Parking Authority Reserves 80,000 102,000 Unused Blufftop Grant 241,000 Bike Trails Grant 60,000 $2,148,000 S984,0QQ Summary Estimated Costs $5,192,387 Less Available Funds ($2,148,000) Maximum Funding Shortfall $3,044,387 Less Potential Return from Count $984,000 Minimum Fund n_q Shortfall $2,060,387 PLAV,.XLS 12/11/95 Pier Plaza Funding Alternatives Capital Expenditure Funding Shortfall Estimated Shortfall = $2,060,387 to $3,044,387 Potential Funding Alternatives: 1. Grants Coastal Conservancy, Urban Waterfront, Bike Trails, others. 2. Oil Spill Litigation Recovery Our outside Legal counsel advises that there is a good chance of funding from this pending litigation for a project such as Pier Plaza. 3. Private Funding - North of Pier Improvements If the City is willing to forego control and revenue from the parking lot north of the pier, a private operator may be willing to finance the improvements to the lot (estimated improvement cost = $1.500,000). 4. Long Term City Debt The City could issue debt to finance the "shortfall" in funding, using the new revenue from the restaurant (lease, sales tax and property tax) and new parking revenue to pay the debt service. 5. Other Park Acquisition and Development fund, sponsors, fund raising, Arts Foundation, General Fund, County Harbors and Beaches. These funding sources are not likely to be available. PLA7AYLS 12/11/95 f escribe the economic success of the o erations i listed in terms of size anneal oss revenue, annual operating costs, and net profit or loss. � T 5 RESTAURANTSr+ 1995 INCOME . BEFORE UIlIIT VOLUME T S FEES T S FEES INCOME K1+li05 5,300,000 900,000 154,000 741,000 JA��S TAHOE 2,250,000 195.000 67,500 127,500 G~tlLL &BAR 2,300,000 102,000 69,000 33,000 LE:II�WI'S 4,233,000 670,000 148.155 521.845 jA1�'S DEL MAR 4,350,000 850,000 130,500 714,540 CF-tiC45 CANTINA 2,250,000 159.000 67,500 91.50.0. I�OIa'S 2,204,000 100.000 66,000 39,000 SUNNY$IDE 3,000,000 310.000 90,000 220,000 S'JNNYSIDE LODGE 850,000 180,000 25,500 ! 54,500 DUKE'S KAUAI* 2,400,000 75,000 72,000 3,000 SHAIZKY'S* 2,860,000 118,000 85,800 32,200 SOUTH BAY 3,300,000 230,000 99,000 131.000 CLIFFHOUSE 2,700,000 125,000 27,000 98,000 C)UKES WAII4Kl 8,800,000 I ,500,000 264,000 ! ,23b,000 >'-iULAGWLL �I,$00,000 456,000 96,000 360,000 51,593,000 5,970,000 1,466.955 4,503,045 '02 44FM and DUDS 1G4 W have been dosed due to Hurricane hula. These W me and income bees are based on our Inamnce Gompwo assumptions. (DUKES opened on June 28,199S. SFiARKYS vA open nwid rear.) a' i� A SECTION C PROPOSAL for the PIER PLAZA Coastal Side of Pacific Coast Highway from First Street to Seventh Street CASH CONTRACT No. 1029 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: - In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to eater into a contract at the following prices. Tile undersigned agrees to complete the work within the 190 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CON- C-1 TRACT. 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. o Accompanying this proposal of bid, find151M9Jh'BONfC> in the amount of $ which said amount is not less than 10% of the aggreZate 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: � 1 - Addenda No. Dote Recei ved Bidder a S�gisatii�a 3/3/9 C-2 i. PROJECT BID SCHEDULE Item No. Estimated Quantity Item with unit price written in words . . Unit Price Extended Amount I L.S. Pier Plaza inclusive of all project work $ S 3 i Dollars Cents TOTAL AMOUNT B1D IN FIGURES: S 3 TOTAL AMOUNT BID W WORDS: ' Item Description Unit Price Extended Amount No: :. .. A. Deduct Alternate #Oat Masonry sand wails. to replace pro -cast concrete sand walls. S S Item Description Unit Price Extended Amount No. B. Deduct Alternate #Two Masonry Walls in parlaog areas to replace poured -in place S S concrete walls in parking area. Item Description _ Unit Price Extended Amount No. C. Deduct Alternate fnuw RestroomfConcession Building $ S Item Description Unit Pricy Extended Amount No.. : D. Deduct Alternate #Four Delete precast Concrete sand walls. S S� C-Is I. i 1_JW_ OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. •�State Narne of Subcontractor and Address License h%mber & W'',xviOTIM1. i � � s 1�4� - ► a ..' j 1 �� r ♦Ma i �! 1♦ I A". MM IMM= R. am W. mug M 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-3 r_w� ✓/ NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBNiIT'TED `'VITA BID State of California ss. County of Orange ERIC OMAN , being first duly sworn, deposes and says that he or she is PRESIDENT of CAL IBA, 1 C. the party malting 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. ERIC 011MA 1 Name of Bidder Signature of Bidder 11222 LA CMEGA BIND. #569 Address of Bidder Subscribed and sworn to before me this 7th day of r'41-1 NOTARY PUBLIC _ MAR01 , 1997 NOTARY SEAL C-4 cASTuo Conwftsbn / 107OW -: WaU Pia —Cooft m��er Ca Doc UTELrrY AGREEMENT IIONORABLE MAYOR AND CITY COUNCIL CITY OF IIUNTINGTON BEACIi, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PIER PLAZA, (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: 3/7/97 CALIFORNIA IBA, Ij,� '.. Contractor ERIIC O'I7-i"IAN -• By PRESIDENT Title C-S DISQUALIFICATION QvESTIoNNAIRE 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 El No If the answer is yes, explain the circumstances in the space provided. i I E I NOTE: This questionnaire constitutes a part of the Proposal! and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 CON PENSATION INSURANCE CERTMCATE 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: 3/7/97 -CA1 FORNIA IBA, INC, - Contractor _ ERIC OTDI►N By PRESIDENT Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: CALIFORNIA IBA, INC. Bidder Name 11222 LA CIUMM B. #569 Business Address INGLE4WD, CA 90304 31( 0 1 645-9671 Telephone Number 5Q8983 _ CLASS "B" . State Contractor's License No. and Class 05 _ Original Date Issued 9/98 Expiration Date 11$)Fork site was inspected by CHERYL of our office on 2/27 , 19 The following are persons, firms, and corporations having a principal interest in this proposal: ERIC OTINLq M.A. CMDIAN CALIFORNTA IBA. INC. The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. CALIFORNIA IBA, INC. Company Name Signature of Bidder ERIC OTIDIAN Printed or Typed Signature 11222 LA CIENEGA BLU, #569 Address of Bidder 310 ) 645-9671 Telephone Number Subscribed and sworn to before me this 7th day of MARCH , 19 97 NOTARY PUBLIC .1 C-10 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. ESTUDA COURTS 94023 Name and Address Name and Telephone No. of Project Manager: _SALVAQOR JENINEZ { 213 251 2-4265 $2 000,000.00 NEW C=,P=TY CENTER 8/96 Contract Amount Type of Work Date Completed 2. .CITY of COMMCE 5551 JILLSON ST..COrMCE, CA 90040 Name and Address Name and Telephone No. of Project Manager: BILL McCONNELL I213)722-4805 EXT.2836 S6,lC)O,OM,a NEW CONSTRUCTION OF TWNSPORTATION CEN-M 1997 Contract Amount Type of Work Date Completed 3, JOFL\T MUIR MIDDLE SCHOOL 5929 VERMONT_ ASV ��WS A%rE[,'F-q, CA .90044 Name and Address Name and Telephone No. of Project Manager: lit. PAT LUKE ( 213 )633-3357 $13900,000.00 ED.,OD L _ 1997 Contract Amount Type of Work Dam Completed C-11 MWD �� Tom•--•- . � � r z � "SEALED BID" for PIER PLAZA in the CITY OF Eiz1NTINGTON BEAai - DO NOT OPEN WITH REGULAR MAIL Bid Date: March 12, 1997 Bid Time: 4pm u TO: HUNTINGTON BEACH CITY CLERK 2000 MAIN ST. MUNTINGTON BEACH, CA 92648 FROM: CAL IBA, INC. 11222 LA CIENEGA BL. #569 IlME1700D, CA 90304 j PROJECT NAME: HUNTINGTON BEACH PIER PLAZA PROJECT NUBBEV 1029 BID DATE: 3/12/97 BID TIME: 4:00 SECTION C hD PROPOSAL for the PIER PLAZA Coastal Side of Pacific Coast Highway from First Street to Seventh Street CASH CONTRACT No. 1029 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contact at the following prices. The undersigned agrees to complete the work within the 180 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY IT -at FROM THE CON- C-1 - r r, r' PROJECT BID SCHEDULE Item Estimated Item with unit price written in words Unit Price Extended Amount No. Quantity 1 L.S. Pier Plaza inclusive of all project work �! S.2 J I B► r Xfms MpoW, rt"e' 947 �cc) Dollars 1 l cents s 7 5& $4 74 B TOTAL AMOUNT BID IN FIGURES: S 41 -Xf6, 6zro I TOTAL AMOUNT BID V WORDS: M i c_u c &.a 5 t � fps..-D r 7 5� �[.` -S l�yr� 7�-Fzry s A •�-+J 7 c. • l � -D� o� s I " /I u-r3 Item ' Description Unit Price Extended Amount No-. A. Deduct Alternate #One Masonry to walls. S S sand walls replace pre -cast concrete sand Item Description Unit Price Extended Amount No. B. Deduct Alternate #Two } �"' Masonry Walls in parking areas to replace poured -in place $ concrete walls in pandas area. Item Description Unit Price Extended Amount No. C. Deduct Alternate ffrhree Restroom/Concession Building s -17 �, (1110 S -]S Uv O Item . Desciption Unit Price Extended Amount No. D. Deduct Alternate #Four Delete precast concrete sand walls. $9 0 4 0v O C-Is LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Ponlon of Rork Name of Subcontractor and Address..'.-.'.-'..... State License :.: Number Class lZL aRi' Lo yG � : 14 14 37L C-Z:7 Z4 a U� L. & J G � �t� a Z G Rle-i+29-0 toxi_- N-oan&tovr-� "le6rg r L9 �. W n,,,V � 414 5 c 4 GNI t, 5 4 W j L 5(l L_k" V a'D� C + [� G P A cvr- c-I4 ;= f D I q 64 -76 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-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBINIMI D WITH BID State of California ss. County of Orange • c. being first duly sworn, deposes and says that he or she is V #0. of 41G�` Oe the party making the foregoing bid that the bid is not made in the interest of, or or no�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. lit l L!��f? �-' 66 Name of Bidder of 7,-7 4pz 4.e-- G �� ✓� Address of Bidder Subscribed and sworn to before me this V day of 19 NOTARY PUBLIC NOTARY SEAL C-4 JUNE F. COOK Coo�-@,MY COMM. #1107051 t7NOTARY PUBLIC4ALtFORNrAORANGE COUNTY LJ Comm. Expires Juy 28. 2000 UT LrrY AGREEMEW HONORABLE MAYOR AND CITY COUNCIL CITY OF HL NTINGTON BEACH, CALIFOWNTIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PIER PLAZA, (1)(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: "Qual:Ted 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: 1—&- C/g /Z, If f 7 Contractor BY rJ�C (ovvZ►� Title C-S Via DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shad complete, under penalty of perjury, the following questionnaire. QUESTIONWAIRE 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 M 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-b 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: _ &10YCN / Z, / I 2 ,LIK4c.A Contractor By /y rejy?az . 111-r(o &KA) VP Tide C7 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 I-800 422-4133 a minimum of two working days before scheduled excavation. Dig Atert MeWication Number. Contractor Title Date: Note: This form is required for every Dig Alert Identlficatloe Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: / -1 11 4A - Bidder Name 274D Z �e - Business Address 1 gZ• 0,'4 A 6 k - L L2, �2 Z L.S 3 Telephone Number _ 6,98g&3 _A919 State Contractor's License No. and Class Nou (4)13 Original Date Issued fN0U 30, 1 lf3 Expiration Date The work site was inspected by Mik-E d�o�C.►� , of our office on f-�� 19—ti. The following are persons, fums, and corporations having a principal interest in this proposal: l�l�C C I-ee6oc gxJ rd l-cPeA P C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name yz Printed o Signature Address of Bidder (_714 '0(� A en- 2'0 TeIephone Number Subscribed and sworn to before me this _ J a 'tom day of n�,tz,,4, , 19_1 NOTARY PUBLIC •,.: • JUNE F. COOK COMM. #1107051 NOTARY PUMJC- WFOR4lA ni m ORANGE COUNTY Ld UY Comm. F.�+res J* 28. 20N� �4 Q��J4r•4 I�te1C C-10 NOTARY SEAL 1 i Listed below are the names, address and telephone numbers for three public agencies for which the bidder hasperformedsimilar work within the past two years: 1. �i� bt `,�-y G r Gi D e pae- Name and Address J y ft Name and Telephone No. of Project Manager: I¢ 49 - 33 -,P- ¢- glato Contract Amount 2. Type of Date Completed Name and Address Name and Telephone No. of Project Manager: G���C�'4 (7t¢) �{r�-7�•� �,�0 fl�GLi� L,Sy /UL� si r G-x-��s �cT•� �� �- Z_ ti I) �i 3 Contract Amount Type of Work Date Completed 3. CnPd AI Vdk th Sc±k-t. Qo5�'Acr— Name and Address P4 Vc� Name and Telephone No. of Project Manager: Uca m07Y _ Q I� 4 8 9 -7oao L4gU.0 c a —Ij*-o o?y . 1 `i ti ,30-1� Contract Amount Type of Work Date Completed Z) ���Dc� ��tccJ �t.�K. ��rca�•t�,o �Q��� � �5 r�p�-s�l,� .zt-,, eplb AkA'647. 3? 13(r7ou3L ra&- `� - 9-f4�. P6eznvc3j C-11 0, by CITY OF HUNTINGTON BEACH to 2000 Main Street P.0.Box 1 90 California 92648 Les M. Jones 11 Public Works Department Director PIER PLAZA PROJECT (714) 536-5431 CASH CONTRACT 1029 ADDENDUAINUMBER I Afarch 3,1997 Notice To All Bidders: Please note the following modifications, clarifications, deletions and/or additions to the Construction Documents: 1. The Contractor shall include, in his total amount bid for the work, a five thousand dollar allocation for all permit fees required for the work. 2. Replace the existing Table of Contents for the Technical Special Provisions for the Concession/Restroom & Kiosk with the new Table of Contents attached. (Sections referenced but not included in the project specifications have been deleted from the new Table of Contents). 3. Delete the following existing specification sections from the Technical Special Provisions for the Concession/Restroorn R Kiosk: SECTION 08330 - OVERHEAD DOORS SECTION 10800 - TOILET A.N'D BATH ACCESSORIES 4. Insert the following new specification sections (supplemental packet attached) to the Technical Special Provisions for the Concession/Restroorn R Kiosk: SECTION 05510 - ROOF ACCESS LADDER SECTION 06600 - FASCIA SECTION 07510 - 3-PLY BUILT-UP ROOF SECTION 07900 - CHAULKING AND SEALANT SECTION 08305 - ROOF SCUTTLE SECTION 08362 - OVERHEAD SECTIONAL ROLL-DOW'N DOORS SECTION 09200 - METAL LATH AND CEMENT PLASTER SECTION 09310 - CERAMIC TITLE SECTION 10200 - LOUVERS AND VEKrs SECTION 10800 - TOILET AND BATH ACCESSORIES SECTION 15400 - PLUAiBING The following items are in reference to the architectural construction drawings for the Concession/Restroorn R Kiosk: 1. Change Construction Note C5 to read: "INSTALL 'AMERICAN-OLEAN' CERA Mfg TILE OVER CONCRETE COUNTER. SEE DETAIL 6/A-6 AND SPEC. SEC. 09310 ". 2. Change Construction Note C32 to read: " INSTALL ALUMINUM SOFFIT VENT. SEE DETAIL 31A-6 AND SPEC. SEC. 10200 ". 0024096.01 Page 1 PIER PLAZA PROJECT CASH CONTRACT 1029 ADDEND Ulf NUMBER 1 March 3, 1997 3. Change Construction Note C33 to read: " APPLY 7/8 INCH THICK PORTLAND CEMENT PLASTER OVER PAPER BACKED LATH. SEE SPEC. SEC. 09200 ". 4. Change Construction Note C49 to read: " INSTALL'VEFO, INC.' EPS FOAM FASCIA. SEE DETAIL 3/A-6 AND SPEC. SEC. 06600 ". 5. Change the roof hatch call out on Detail 15/A-6 to read: " BILCO STAINLESS STEEL ROOF HATCH ". All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the Engineer's Estimate nor the Bid Opening date/time for this project. Should you have any questions regarding this Addendum Number 1, please call me at (714) 375-5078. Dougl . Stack, P.E. Associate Civil Engineer This is to acknowledge receipt and review of Addendum Number 1, dated March 3, 1997. It is understood that the revisions discussed and outlined in this Addendum shall be include 'the project bid documents. Company Name By/y 4a#gi a Ae64L43r`j Date 0024096.01 Page 2 SEALED BID For PIER PLAZA City of Huntington Beach DO NOT OPEN WITII REGULAR MAIL PIER PLAZA PROJECT CASH CONTRACT 1029 ADDENDUM NUMBER I March 3, 1997 Change Construction Note C33 to read: " APPLY 7/8 INCH THICK PORTLAND CEMENT PLASTER OVER PAPER BACKED LATH. SEE SPEC. SEC. 09200 ". 4. Change Construction Note C48 to read: " INSTALL `VEFO, INC.' EPS FOAM FASCIA. SEE DETAIL, 3/A-6 AND SPEC. SEC. 06600 ". 5. Change the roof hatch call out on Detail 15/A-6 to read: " BILCO STAINLESS STEEL ROOF HATCH " All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the Engineer's Estimate nor the Bid Opening date/time for this project. Should you have any questions regarding this Addendum Number 1, please call me at (714) 375-5078. gDouglat.Stack, P.E. Associate Civil Engineer This is to acknowledge receipt and review of Addendum Number 1, dated March 3, 1997. It is understood that the revisions discussed and outlined in this Addendum shall be included in the project bid documents. Company Name 0024096.01 By Date Page 2 SECTION C PROPOSAL for the PIER PLAZA Coastal Side of Pacific Coast Highway from First Street to Seventh Street CASH CONTRACT No. 1029 in the CITY OF HUNTINGTON BEACH TO .THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the 180 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CON C-1 .r . TRACT. 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 $ r7202". ° which said amount is not Iess 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 ease may be). Bidder shall signify receipt of all Addenda here, if any: Addenda -No.` • =-Date Received J &dder'rS'grraaire C-2 PROJECT BID SCHEDULE Item No. Estimated Quantity item with unit price written in words Unit price Extended Amount 1 L.S. Pier Plaza inclusive of all project work S C 5592�,oebdn Dollars cent: TOTAL AMOUNT BID IN FIGURES: TOTAL AMOUNT BID IN WORDS: $ J592-00,o oo0. 00 lllan/T+4o HVNPRED TVtOV$An1i> tvtLAK5 Item : No.' Description Unit price Extended Amount A. Deduct Alternate #One Masonry sand walls to replace pre -cast concrete sand walls. $ 3 Vol em Description Unit Pricy Extended Amount B. I. Deduct Alternate #Two Masonry Walls in parlani areas to replace poured -in place S -�� ��•� coacrete walls to parking area. Item Description Unit Price Extended Amount No. C. Deduct Alternate #rhree Restroom/Concession Building $ S_ _ Item Description Unit Price. Extended Amount No. D. Deduct Alternate #Four Delete precast concrete sand walls. S S C-IS LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Porifon . of.Work . : -Name of Subcontractor and Address. State License :.: 'Number Claus KADIN rIj � N . �XCAYATim/ SHmmWo (��Z3D� coNcRETF A M PM SELECT CkWSTRUCTIoN W. MLLS as I-rF- UT L TIE S C& E ENG/NEERJN(r AN�►NElM 6�5000 20 cmmo E H . jELX CAY,4T1oA/ 5NEJ49V OAKS 672301 A PLU"B1NG C9. E �ENGlNFERIV& ANAHLIM Ar c o ROOFInlG $EST ROOPIV 7-C*RANCE It56Z(3 C39 LM SCAPE -Fg4gE LANASC4M Dl4McWJ> B4R 7Or Z4Z- Wig` 10 FLA5TZRrnr QV,41-17y "TER14- fZ5 I1529 C--3ri A.G. PtWiW E4PIRE ASPHALT RIVER61M &'744gl C-12 PKICA5T !� D W 1. M•B. M.g i N! By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMi'ED WITH BID State of California SS. County of O0e l..a ago i , being first duly sworn, deposes and says that he or she is ' of a party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; ' that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this 4'�k day of {vls-•.d , 19 L3- NOTARY PUBLIC NOTARY SEAL SKMCHAACr &S C-4 w CO!M+1. f 1026W Notary PU Aa — CcAfmia LOS ANGM COVMY Mfr Comm. FicUes MAY 15.194E U`ILrrY AGREEI%= HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNMGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PIER PLAZA, (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: _ l) 3-0 7— 7 7 Contractor M Title C-S DIiSQUALIFICAI ION 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 a'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. CO 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: Q —4n Contractor By & S. �,6 Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 421614217 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. ll , ,Dig Alert ldent�ration Number.w1� . irx c • C •y. - /c Contractor By & I, dXj-1-L Title Date: 0 j Note: This form is required for every Dig Alert Identliication Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name � Intalp J/s// �.-L Business Address no i /uw"vrun - - �,O_ 3916 �271 Telephone Number Ef State Contractor's License No. and Class Original Date Issued c7-3e -If f7 Expiration Date The work site was inspected by of our office on 7, 19Z7--. The following are persons, firms, and corporations having a principal interest in this proposal: 1 „ fWO�.� VA W YA C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name's'%'] Signature of Bidder QV - t�fi 21an W- Printed or Typed Signatur Address of Bidder LLD) % 7 1119 telephone Number Subscribed and sworn to before me this Vlln,- day of , 19 CA . NOTARY PUBLIC _ _ NOTARY SEAL CO!Mi 0 1026669 Notary Pk"c -- C0110 IG LOS ANGRES COUNTY My Comm. E)cr*m MAY 15.1996 C-10 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. Name and Addresf f Name and Telephone No. of Project Manager: 4l&-c—cz f aD"� ] dS'-9 &2-37W Amount Type of Work Date Completed Name and Telephone No. of Project Manager: �� .��-A%S/// LVII"46L AII�V LLlI� • . 1.* --- Name and Address /` Name and Telephone No. of Project Manager: Contract Amount Type of Work C-11 Date Completed Date Completed ROMAN E.C.D., INC. General Contractors 11866 Wilshire Blvd., Suite 202 LOS ANGELES, CALIFORNIA 90025 nil, 3 Solicitation No.:---" Date for Receipt of this offer; OY- Id - ? 7 Time for Rcccipt of this offer: Projcct Name: la za qo?&q 7 ,SECTION C PROPOSAL for the PIER PLAZA Coastal Side of Pacific Coast Highway from First Street to Seventh Street CASH CONTRACT No. 1029 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the 180 working days, starting from the date of the Notice to Proceed. _ BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CON= C-1 • TRACT. 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 govem 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 10 f5o4O in the amount of $ 107, 6JD which said amount is not less than 10% of the aLpgregate 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.". - Drab Recrived %KWr's SFzn=rt C-2 V T PROJECT BID SCHEDULE ated tity Item with unit price written in words Unit Price'.- Extended Amount F L.S. Pier Plans inclusive of all project work $'f3 S Dollars Cents TOTAL AMOUNT BID IN FIGURES; $ 5, 473 boo ITOTAL AMOUNT BID LN WORDS: r&,,� )LJ,-k_ b, 11� %.,4m Item Description Unit Price Extended Amount No. A. Deduct Alternate #One Masonry sand walls to replace pro -cast concrete sand walls. S ?Jot ODO S Item Description - Unit Price Extended Amount No. . B. Deduct Alteate rn Masonry Walls is parking areas to replace poured -in place $ S concrete walls in parking am. Item Description Unit Price Extended Amount No. C. Deduct Alternate fnuee Restroom/Concession Building $ 2L,e „boa S Dem. . Description Unit Price Extended Amount No. D. Deduct Alternate #Four Delete precast concrete sand walls. S S C-Is 0 CJ 14 M R rM Ov& LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder snail 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 -Ralf of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of wark Name of Subcontractor and Address .. State License "'Number Class Brf cviNff o- 5f/r's. u Cr'ds �jiT7.r C,.N• pt Y ' cR,rrt C . p .A iJ l 0..�4 •>`J �4 �P Sfi��rV 7^� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 0 0 /j W LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of.R'ork ' : Name 'of Subcorrtractiror and Address ... . Stale License Number .. - Class cam.. a rw o. N X /yI/li,{ /iQiltlW (� C, /r l • i✓1l„t/�Al� 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. G3 0 0 M M L19r OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Y of i ork. ' Y Jvdame of Subconrractar and Address " . :r Stare License l Number Class �1z /�ll�s �O. �jp Nv A �LEtTi�ic�tG - a ie to -ry IV4 6ATt T By submission of this proposal, the Bidder certifies; 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who wilt perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Y °- State License of Rork :' Name of Suhconiractor and Address' Nu»zber Class By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBINMTED VVM1 BID State of California ss. County of Orange 6rctr 9VF- oc,�., being first duly sworn, deposes and says that he or she is Srmor- s /'vna of G.J. Amoeosc, C�s;.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 fit the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. S.J. AM02oso CousmarrroA) Co. I►c�. Name of Bidder N LETICIA BARMAS MMM. # l 4%4 CD i. NOTARY PVBLIGCALiFORN1A CIO OPANGECOUNTY �Cri GTiC' 60G/G r;► My Comm. Expires Feb. 04. soon' 4 Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of�, 19�. NOTARY PUBLIC Ampj&4-p NOTARY SEAL C-d HONORABLE MAYOR AND MY 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 PIER PLAZA, (n(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: ZZi 7 s . J . n�v�os-,D ausre .77oAJ ro. ,cx . Contractor ?�FG.r �II.LCJG�L By 51r vo.Z• f-1-r.5WA-,raW Title C-S DISQUALIFICATION QUESiTONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNO If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-b 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: S.J. &x)91- fCjVA) lN�. Contractor l?IE4, vRCoc.%G By SltN�n IL �5T/itrATbfL Title C-7 UNDERGROUND SERVICE ALERT IDE UICATION 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 Govemment 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 Men lcxion Number. Contractor IM 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-8 BIDDER'S INFORNIAMN BIDDER certifies that the following information is true and correct: J p,vsrirvc bc1 co. 1,vC. Bidder Name 7 - (01"Mo/ -If iE Business Address �2✓iN",V G�? �W l-1 7i 5�5-2 -236'3 Telephone Number State Contractor's License No. and Class Z / j//77 Original Date Issued y/3o /9� Expiration Date The work site was inspected by A?v4-,,-r %�.z,r.v7zs of our office on 2 9; , 19 The following are persons, firms, and corporations having a principal interest in this proposal: IO The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature: % .oPPb�'�9Tr /-- Address of Bidder Telephone Number Subscribed and sworn to before me this JJPt day of M , 19-1—r—. NOTARY PUBLIC I u C-10 NOTARY SEAL r ' —:'• LETICIA BARAJAS COMM. # IM49U CD . NOTARY PUBLIC-CALIFORNIA i ORANGE COUNTY 4 My Comm. Expires Feb 04, 2000�'�' Listed below are the names, address and telephone numbers for three public agencies for which the bidder has peda med simfar work within t<Ie Past two years: 1. CitX of Santa Ana, Public t��ts Agency, 101 West 4th Street, M21 Name and Address Santa Ann, CA 92702 David Ip, Az: ociate Er*ine-= Name and Telephone No. of project Mznager. David Ipr 7141 565-4042 W,375r000 City,of Santa Ana Coz=rate Yard_ Feb�1994� Contract Amount Type of Wor;c Date Complem d 2. Desert Facilities Corporation, 47-667 Oasis Stweet, Indio: CA 92201 Name and Address Rick King Name and Telephone No. of Project Manager Rick Kin4 __ J639 1863-8670 SL22,300,000 Criminal LIEAio Justice Cent August 1996 Contract Amount Type of Work Date Complemd 3. Req= is of the iktiyezmi.ty of Calif., Facilities Mamge ent, Bldg. 439, Name and Address University of California, Santa Earb7=a, CA 93106 Flame and Telephone No. of Projecz Manager. Camlyn Rcbinscn (905 ) 893-3296 _. ! $12,611,868 Aquatics Cent= Febnuuy 1995 Contract Amount Type of Work Date Comnpleted C n C-1 I SECTION C PROPOSAL for the PIER PLAZA Coastal Side of Pacific Coast Highway from First Street to Seventh Street CASH CONTRACT No. 1029 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTTNGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. Tire undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the 180 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CON- C-1 0 T TRACT. 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. 1 _I INc in the amount f OFNT OF AMOUNT BID" � Accompanying this proposal of bid, find h: _ 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 rase may be). Bidder shall signify receipt of all Addenda here, if any: -Addenda No. - Date Received Bid kr's Sig smre 3-q-ril Ru WN PRESIDENT C-2 - • PROJECT BID SCHEDULE Item Fltimated Item with unit price written in words Unit Price Extended Amount No. Quantity 1 L.S. Pier Plaza inclusive of all project work t, Dollars `—o Cents afl $ 5 5Vl % b 0 0, TOTAL AMOUNT BID IN FIGURES: $ 6 6 o . 61, TOTAL AMOUNT BID IN WORDS: r Description Unit Pri;.e Extended AmountDeduct F Alternate il�One Masonry sand walls to replace pre -cast concrete sand walls. sc s 13 b1066. _ 6 $13 a , 66 Item Description Unit Price Extended Amount No. B. Deduct Alternate #Two Masonry Walls in parking areas to replace poured -in place $ G d 606. f 0 s S (0 0� 660. concrete wails in parking area. Item Description Unit Price Extended Amount No. C. Deduct Alternate ffhree s o a Restroom/Concession Building S U ib, $ U 6 0 0. Item Unit Price Extended Amount No:D. our 7prec7trete sand walls. S 3 b� t? 4. # '� 3 0 060, C-Is . i "— ' " -, LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Rork : Nome of Subcontractor and Address .. State License 'Number Class C,� bs� �On� �� ��-i. �ef/�•UL�I� �v 3�Qa4�. Ii CA C c f r : cA S a ✓t Id -f a c t OuS- 3� 03�] oAEl-1JIr GL-rZ c- U t }^ °/- rA i� 3�� 11r Q'LiJl��fti S L0 A R d r 4. L , Kr --a I'1 'C, .c�� M 1 Tom-! W N [ � 1L_� C u •--� $ f Gt � � � �c � d r A � +�J vcs4.� U{,-�c �I a c 6-7 j IT C-2-7 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 � IY NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMTTED NVM1 BID State of California County of Orange C. P. L.^.�ti:! PZESICENT being first duly sworn, deposes and says that he or she is 1dALP INC. DIM the party making the foregoing bid that the bid is not made in the interest EXCEEofpdOdd a Ke-=W)Wl 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. PALP, INC. DBA EXCEL PAVING COMPANY 2230 LEMON AVENUE LONG BEACH, CA 90806 Name of Bidder Signature of Bidder C. P.t?prvNw?E;1tN - Address of Bidder "`•�-' Subscribed and sworn to before me this day of ,, I9 .. SEE ATTACHED NOTARY PUBLIC j NOTARY SEAL C-4 r �r - State of CALIFORNIA County Of LOS ANGELES On t1 9 12 before meCeleste . Graham, Rotary Public , A IOATFJ NAME/TITLE OF OFFICER+s.•JANE OOE, NOTARY PtAuC'1 personally appeared Palp Inc. DBA Excel Paving Company NAMUSI OF SAGNEMSII by C.P. Brown President 14 personally known to me -OR- O proved to me on the basis of satisfactory evidence to be the _ person(s) whose narne(s) Is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their ,�� CELESTE A. GRAHAM F,L authorized capacity(ies), and that by his/her/their w .. , .. comm.��z��� ', V signature(sl on the a ; :, Notary I ubtic . Collfornla instrument the person(s), LOB ANGELES COUNTY or the entity upon behalf MY COMMISSION EXPIRES JVLY 30, 1997 of which the person(s) acted, executed the instrument. Witness my hand and official seal. ISEALI lb KJNA LURE OF NOTARY) ATTENTION NOTARY ` The information requested below and in the column to the right is OPTIONAL. Ftmording of this document is not required by taw and is also optional. It Could. however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT 1 DESCRIBED AT RIGHT: Title or Type of Doeta+mnt Nwrilw of Pages Data of Docuntiant Skrowfsl Other Than Named Above RIGHT THUMBPRINT (Optkwmn !a K CAPACITY CLAIMED BY SIGNERIS) ENDIVIDUAL(5) OCORPORATE OFFICER(51 OPARTNER(S) ❑LIMBED OGENERAL ❑ATTORNEY IN FACT OTRUSTEEIS) OGUARDIAWCONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Namw of Personal or EntkyCles) RIGHT THUMBPRINT (Optlonell s CAPACITY CLAIMED BY SIGNERIS) 01NOf IDUAL(SI ❑CORPORATE OFFICER(S) mnim oPARTNERISI OLIMITED OGENERA L OATTORNEY IN FACT t 3TRUSTEE (S) 13GUAFIDIANICONSERVATOR OOTHER: SIGN€R IS REPRESENTING: 1Nema of Personlai or trwfityPes) WOLCOTTS FORM 63240 Rev. 3-14 baiaa aiw. 1-2A1 01le4 WOLCOTTS FOAMS. INC. ll %a hIFVASE ACKNOM1130MENT %MTN SIGNER CAPACITYIR£PRESENTATIONf1WO FINGERPRINTS � 7 ""67775-6324(Yg" $ UTILITY AGREEMENT HONORABLE MAYOR AN'D CITY COUNCIL CITY OF HUNTIitiGTON BEACH, CALIFOFLNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PIER PLAZA, (l)(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. VI R 1 2 1997 Date: PALP, INC. DSA EXCEL PAVING COMPANY Contractor By C. P. BROWN PRESIDENT Title C-5 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? Q Yes �io 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-b COMPENSATION WSURANCE 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: _._ M 1 2 1537 PALP, INC. DSA • EXCEL PAVING COMPANY Contractor r I ? &4� - r, By C. Q. BPOWN PRESIDENT Title C-7 r UNDERGROUND SERVICE ALERT IDEN11'ICATION 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 Alen IdentVitation 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-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: PALP, INC. DRA EXCEL PAVING COMPANY 2230 LEMON AVENUE -I-QNG PEACH, CA 90"T5 Bidder Name Business Address (562) 599-5S41 Telephone Number STATE L[C. 688C59 i State Contractor's License No. and Class S -lI-q� Original Date Issued S -aI- l,� - Expiration Date The work site was inspected by 'SCLk n _K 0 2_ - of our office on 5 1 , 19 The following are persons, firms, and corporations having a principal interest in this proposal: C. P. B(RIN, M ESECEN :.EO� VICE FESFt�T!SG:;'CE R. rC,, alit. ER _ F_ IPE AST ..S[rRa L . . CA'NDUS M. }Si1MART, ASST. SrCR-FTA2Y SEE ATTACHED C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Com&hy1NafildC. DDA = `' EXCEL P VJNG COMPANY Signature of Bidder C. p. ppOWN PRESIDENT = = v Printed or Typed Signature 2230 LEMON AVENUE LONG 6EACH, CALIFORNIA 90806 Address of Bidder 1562).599-5841 Telephone Number Subscribed and sworn to before me this day of , 19 SEE ATTACHED NOTARY PUBLIC C-10 NOTARY SEAL State Of CALIFORNIA County Of LOS ANGELES MAR 12 1997 On pATEI before rne,Celeste A. Graham, Notary Public 94AMUTITLE OF OFFICER4.e.'JANE DOE, NOTARY PLIBUC') personalty appeared Palp Inc. DBA Excel Paving Company NIAMEc$) OF SIGNERIS)I by C.P. Brown President 0 personally known to me -OR- ❑ = CELESTE A. GRAHAM COMM. Notary vublle . California m LOS ANCELES CCUtiTY MY COMMISSION EXPIRES JULY 30, 1997 ISEALI proved to me on the basis of satisfactory evidence to be the persons) whose name(s) )slare subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorized capacity(ies), and that bar his/her/their signaturefs} on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official sea]. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document Is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE We or Typo of Document MUST BE ATTACHED TO THE DOCUMENT NLwrdw of Pao" Date of DoeluneM OESCA"D AT RIGHT: S+pnsrfs) Other Than Nwnsd Above RIGHT THUMBPRWT (Optfonaq a k>s Z CAPACITY CLAIMED By StONER(S) OINDNIDUA LISI DCORPORATE OFFICERISI 1TiTn"" OPARTNERISI OLIMMED DGENERAL OAiTORNEY IN FACT OTRUSTEEIS) OGUARDIAN/CONSERVATOR DOTHER: SIGNER IS REPRESENTINO: (Name of Personls) or EntityGes) RIGHT THUMSPAINT (0ptlonal) r s CAPACITY CLAIMED BY SIGNERIS) DWOPAWALISI E3CORPORATE OFFICERIS) tnnlEse DPARTNER(S) OLIMITED DGENERAL DATTORNEY N FACT OTRUSTEEISI CGUARIMANICONSERVATOR MOTHER: SIGNER IS REPRESENTING: (Name of Person(m) or kritityCwel WIOLCOTTS FORM 62240 Rev. 3.64 twice doss 0.2A) 01994 WOLCOTTS FORMS. INC. ALL PunIPO4E A&KNOWLEOGMENT WITH SIGNER CAPACITY/REPRESENTATIONfTWO FINGERFT4NT5 J 7 I"tb7775 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. SEE ATTACHED Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address Name and Telephone No. of Project Manager: f ) Contract Amount Type of Work Date Completed 3. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 CITY OF HUNTINGTON BEACH 2000 Main Street Les M. Jones RI Director Notice To All Bidders: P.0.Box 1 90 California 92648 PIER PLAZA PROJECT CASH CONTRACT 1029 ADDEND Ulf NUMBER 1 Afarch 3, 1997 Public Works Department (714) 536-5431 Please note the following modifications, clarifications, deletions and/or additions to the Construction Documents: 1. The Contractor shall include, in his total amount bid for the work, a five thousand dollar allocation for all permit fees required for the work. 2. RepIace the existing Table of Contents for the Technical Special Provisions for the Concession/Restroom & Kiosk with the new Table of Contents attached. (Sections referenced but not included in the project specifications have been deleted from the new Table of Contents). 3. Delete the following existing specification sections from the Technical Special Provisions for the Coneession/Restroorn & Kiosk: / SECTION 08330-OvERHEAD DOORS SECTION 10800 - TOILET AND BATH ACCESSORIES 4. Insert the following new specification sections (supplemental packet attached) to the Technical Special Provisions for the Concession/Restroom & Kiosk: SECTION 05510 - ROOF ACCESS LADDER SECTION 06600 - FASCIA SECTION 07510 - 3-PLY BUILT -up ROOF SECTION 07900 - CHAULK NG AND SEALANT SECTION 08305 - ROOF SCUTTLE SECTION 08362 - OvERHEAD SEcnoNAL Rau.-DoR'N DOORS SECTION 09200 - METAL LATH AND CEMENT PLASTER SECTION 09310 - CERAMIC TITLE SECTION 10200 - LOUVERS AND VENTS SECTION 10800 - ToILET AND BATH AccEssoRlEs SECTION 15400 - PLUMB MG The following items are in reference to the architectural construction drawings for the Concession/Restroom & Kiosk: 1. Change Construction Note C5 to read:" INSTALL'AMERICAN-OLEAN' CERAMIC TILE OVER CONCRETE COUNTER. SEE DETAIL 6/A-6 AND SPEC. SEC. 09310 ". 2. Change Construction Note C32 to read: "INSTALL ALUMINUM SOFFIT VENT. SEE DETAIL 3/A-6 AND SPEC. SEC. 10200 ". 0024096.01 Page J PIER PLAZA PROJECT CASH CowrrizAcT 1029 ADDEIIDUAi11'UMBER 1 March 3, 1997 3. Change Construction Note C33 to read: " APPLY 718 INCH THICK PORTLAND CEMENT PLASTER OVER PAPER BACKED LATH. SEE SPEC. SEC. 09200 ". 4. Change Construction Note C48 to read: " INSTALL `VEFO, INC.' EPS FOAM FASCIA. SEE DETAIL 3/A-6 AND SPEC. SEC. 06600 ". 5. Change the root hatch call out on Detail 1 S/A-6 to read: " BILCO STAINLESS STEEL ROOF HATCH ". All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the Engineer's Estimate nor the Bid Opening date/time for this project. Should you have any questions regarding this Addendum Number 1, please call me at (714) 375-5078. Z?Do�ugg l . Stack, P.E. Associate Civil Engineer This is to acknowledge receipt and review of Addendum Number 1, dated March 3, 1997. It is understood that the revisions discussed and outlined in this Addendum shall be included in the project bid documents. PALP, INC. D13A EXCEL PAVING COMPANY - VAR 1 2 1997 Company Name By Date C, P. BROWN PRESIDENT 0024096.01 Page 2 TABLE Oi• CONTEWO Division 1 GXXERAL REQUIREMLIM -. 01010 Summary of Work 01040 Project Coordination . 01050 Field Engineering -' ;~_" 1 :.., - . 01090 Definitions and Standards - • 01300 Submittals • { , :: • • :-...:,. , 01600 Materials and Equipment. 01631 Product Substitutions l•:-' - 01740 Warranties and Bonds Division '2 . SITE WOR]t " 02110 Site Clearing 02200 Earthwork -J� •• • • _ - - Division 3 CONCRETE ,� ', ►, r:�,..i .�c;`;. 5L'Mt 03200 Concrete Reinforcesent '" - 03310 Concrete 03450 Precast Concrete Columns - - -• - 03600 Mortar and Grout Division 4 NMONRY _ :.,-.•� ..-;__: wry .��:,.;; �.r.;i .. 04200 .,Unit Masonry , � i`..i t'f.- Cri�ri.r .Q"'; .. -.-: •., Division-5 -METALS 05500 Miscellaneous Metal 05510 Roof Acceas Ladder 05700 Ornamental Metalwork Division 6 VWD AND PLASTICS 06100 Rough Carpentry► 06170 Glue Laminated Beams 06200 Finish Carpentry 06600 Fascia PIER PLAZA CONCESSION/RESTROOM Division 7 TEERMAL AND MOISTURE PROTECTION 07175 Water Repellanta - 07322 Concrete Roofing Tiles - 07510 3-Ply Built -Up Roof 07600 Flashing and Sheet Metal 07830 Roof Batch 07900 Caulking and Sealants..}-.. .` 07920 Concrete Block Water Repellant Division 8 DOCRS AND WIWDOWS 08110 Steel Doors and Frames 08362 Overhead Sectional Roll -Down Doors 08710 Finish Hardware Division 9 FINISHES - : F.- 09200 Metal Lath and Plaster,:•....;�,r.,f. 09310 Ceramic Tile 09900 Painting • t : �.: , ;� Division 10 SPECIALTIES:- 10200 Louvers and Vents 10900 Toilet and Bath Accessories,'~, Division 13 PLUMBING _ �Ai Jrrrt 15400 Plumbing PIER PLAZA CONCESSION/RESTROOM L 1 PART 1 - GENERAL 1.01 SCOPE cir • SECTION 05510 ROOF ACCESS LADDER Mol •lrsa:• `='I'Furnish` all "idateiials' and•rlabor' neceasa'i—Y to' complete;,Aoof `Access Ladder Work' as • indicated;' opecif Led 'herein; . or ' bath; The - stork of - thfa Section '-'yr• include* but'fi*- hot necessarily limited to the following:` Aluminum roof access ladder PART 2 - r MERIALS ` 2.01 ACCEPTABLE : MAW0FACTW=2 • --r�: ` rn �•, :..L PC ovidQ victruded �sluminum''i:ooCitcce a ladder,' as showsc oit the I`.-CF, •�:fs.>.8tCt11teCtUtal dcas.iinga-and as 'manufactured by Preci*ion` Stair . Val. Corporation, P.O.' Box 2159 Morristown;' TK. or prior 'approYed equal (600) ��'�f"225-781�1:'� Contractor to_-aubmit'.three, (3)"1copies of isanufacturer'a ci •_J! zM-f techi ica] rapecificati,6n iiata to 'the` Eugi:ieer' if ' an 'alternate nanufacturer ' in proposed: . -f:'1 `:Y �•W S. jr.l: :;': ... 'i "f s-:"Kri--' .. .- j. 'y�• .,: �.a- -!. Y - - .: 2. ROOFACCESS ..LADM MATERIALS i - i =c .- r•`:e A TO TADS: -Shall be. extruded `a'16iinuit chaisnel' (alloy' 6061-T6) . no less than 2 1/4' wide by 20' Iong.'Surface'shall•be deeply serrated and edges rounded on a .125' radius to provide maximum grip and foot traction. �-%Treads: shall' be able to withstand 1000# load without failure. �: 4: �.1— • r ••.Sea i -. 1•.- .� -. - _a-L ..•i �•—.-f— • ._ • _ _ ;3 Be SIDE RAILS' Shall bi"ho Ie�e than'.125' thick by 2 1/2' wide with edges rounded on a .125' radius to provide foa a power gripe formed from aluminum extrusions, alloy 6061-T6. Side rails ohall-have a section modulus of no leas than .069 in. cues Treads shall be connected to aiderails with Precision 2215 rivets rated at 1100 lbs. shear strength each. • PART 3 — Eli UTIOT ; sees. � 3.01 PRO U T EMLINGt Protect materials from the elements and other damage during delivery. Cover or otherwise protect from the elements. 3.02 INSTAMTIONs A. Extruded aluminum roof access ladder *hall be installed as shown on drawings. Be Roof access ladder shall be installed plumb and true and anchored per manufacturer's instructions. END Cr SECTION PIER PLAZA CONCESSION/RESZROOM SECTION 05510-1 •. , -SECTION 06600 'FASCIA PART I - GENERAL 1.01 SCOPE CF ACM _, furnish, all: materials.and,.labor; necessary _to complete architectural foam f cornice a3 , inclicated;�. apecifiedherein,_ or, bath., .The Work of this Section includes but -'is not necessarily limited to the following! architectural foam cornice fascia PART 2 - MATERIALS ?.V;t: 2.01 ACCEPTABLE MAXUFACTlO�R: r,fi3�V _ G,_.Provide,.architectural '.foam,;cornice:moulding. V70M. #SOO,, an shown on the t ..zwarchitectural;drawinga.and.as manufactured by VEFO Incorporated, 3970 iieat::Yallejr3Boulevard,AUnit; D,.,igalnut," ,CA .91799 ,(909): 598-3856. Contractor ta.pub�iit-thicee. (3) ,copies Hof. manufacturer's:.technioal e.�_iva•_.... _ ._ . _ • :eapecificatlon:.data;to�ths. Architect tii;, an alternate aanufaaturer is proposed. +I ,Y,:. - - -6;a :{.,, _t.'ii: � rY ^3.� • 1C^' - %-1 � Y<. .,'^1,,: .:r - - .ate . s - .2.02 FASCIA l4�►TERLALS! 1. •,:�:.1..:. . ': -':' :. `:l- r.=` _•. :: - ' •Foam. cornice: fascia' shall be: EPS' _foam,.itt 8'.;•lengths and: density of 1 °i ::• ► ,tpound .pp� ,CSl.,.It.-miniiiva.aL' : •f, �lJf * � � N,� i y .� �� a - - - . .. t� B.- Foam shapes shall..be.:,attached to ,support and to each other by any panel adhesive that is compatible with EPS foam, such as PL200, Liquid Nails,;:Henry'n. and. Elper'a .panel ,adhenivea -: • PART 3 ,-EXECUTION ' .. r :. ... 3.01 PRODUCT HANDLING = • - k • Protect materials'fram the elements and other damage during delivery. Store architectural foam cornice fascias on elevated wood pallets or s platforms. Cover or otherwise protect from the elements. . �'+:. �:r `ice Lst`.• (:{.�:..� � l: •r':. r � �: :"I:�':.:.{.d��7, PIER PLAZA CONCESSION/RESTROOM SECTION 06600-1 r • 3.02 INSTALLATION: A. Architectural foam cornice fascias shall be installed on a3 sham in drawings. a B. Architectural foam cornice fascias shall be installed plumb and true and anchored at tap and bottom per manufacturers instruction. C. Foam cornices shall be secured together using construction adhesive per manufacturer's instructions._ ; ' END Cr SECTION PIER PLAZA CONCESSION/RESTROOM SECTION 06600-2 SECTION 07510 B UI LT -SIP RO0FI HG " PART 1 - GE'H] R i 1.01 Deacription of work: c� �_ .. - .. _ .. . - r. � _- .. .. ice..... �..•!'. ..r The extent of roofing"T.rcrk"'is' 'ahcrm'nri'the�draringa: The following types of roofing are specified in this section: Mineral surfaced,3-ply, built-up roofing. 1.02 Submittals: Manufacturer's Data, Roofing. Submit two (2) copies of specification* and installation instructions from the manufacturer for each major roofing product or system required. Include certification or other data substantiating compliance with the requirements. Indicate by transmittal form that the Installer has received copy of manufacturer's installation instructions and recommendations. -Sample3,'Roofing. ,1.03 Submit three (3) samples of each roofing material exposed as roof finish. Samples will be reviewed by Architect for color and texture only. Compliance with all other requirements is the responsibility of the Contractor. 1.04 Manufacturer's Guarantee, Roofing. Furnish standard 10-year guarantee by manufacturer of primary roofing materials, published as an "Inspection and Service Contract", covering fla3hing as well a3 roofing, agreeing to provide inspection and maintenance services, and to restore or replace defective roofing which result* from failure of materials or workmanship to perform as required. Guarantee shall be signed by an authorized representative of the manufacturer. Guarantee shall be equal to Johns -Manville Blue Chip Roofing System guarantee. • PART 2 - MATERIALS! 2.01 Quality Aa*urance: Subcontract the roofing and associated work to a single firm specializing in the type of roofing required so that there will be undivided responsibility for the performance of the work. PIER PLAZA CONCESSION/RESTROOM SECTION 07510 - 1 1 r = : 2.02 .-U.h.Rating.- .Provide materials and roofing systems which.have been tested, listed and labeled by U.L. for the following Class or Rating as - . roofing: 2.03' Provide "Class A"rrating (BUR), except as otherwise indicated. Aggregate -Surfaced BUR,-Low-Temp.-Aaphalt: BUR on bailable Decks. ,, g _ .::.• .., .4 i Provide., one.. of - the following proprietary ny3tens, on deck or ;c._ surface,pr'epared;sn.jaccordance with -manufacturer's instruction. Provide manufacturer's'atandardiroofing:and.componition flashing. Johna-Manville,:•Ho.1.4GNC;-mineral capsheet surfaced built-up roofing is listed as a standard of,quality.,-Other.sanufacturers as approved equals are Owens-Corningy the Celotex Corp. or Flintkote. 7 A , • :,K•,PART�3,. EXECIITIOH: _ .�:-: _.�e:,:,;c.:�: •�� r.:,_ _- - 3A, ;. :il_•;f[-C�1 ::`iw1=s�+.`.ZS�: 3.01 Job,Conditions:..+' +J::1r.,acF;��_z3:.. 'proceed -with•`rooffng,wark !onlysafterW Substrate' conmtruction' and-:" K penetrating .work! have bean:, completed. •'I :Ii'. T:; rJi'F" 0 The Installer must.examine,the substrate and the conditions under which roofing work is to be performed, and notify the Contractor in writing of unsatisfactory conditions. Do not proceed with the .work until satisfactory conditions have -been corrected in a manner acceptable to the Inataller. 73.02 %Weather Conditions: Proceed with roofing work only when weather conditions are in compliance with manufacturer's recommended limitations, and when conditions will permit the wont to proceed in accordance with .:requirements and the manufacturer'a recommendations. 3.03 -Preparation of,Substrate:- Clean the substrate of projections and substances detrimental to the work. +; ,• :;_;,�. -:Install cant strips and similar accessories as shown and as recommended by.'the.prime materials manufacturer even though not. shown. a PIER PLAZA CONCESSION/RESTROOM SECTION 07510 - Z I - a Do not apply hot bitumen under any condition which cause* foaming (due to substrate moisture). Test substrate at beginning of each day and at each new roof area by applying steep asphalt at 400 :;..degree�F:''-nLt.:.- 'rii :11r..�7.. -- �L T-•, �i.'+. .'t'..�. St :�w'rJL �.?� - .. _: y.i .u• !ir' �): ,:.4 ::�_. .. .. '%1: t - Prime the substrate if recommended by th6:roofing materials manufacturers comply with manufacturer's recommendations. Coordinate roofing with flashing and other adjoining work to •�r=}� - ensure proper'sequencingtof the•entire work.**-- :1-'?App1y 'a' course_ of 5 :lb.' red T6;in' ' paper -on' nailable decks. r'IT wherever -; recommended Iby" the! roofing • materials manufacturer -for the'application` -ahown ;� r' �t}�:_ � �a :;;.: :• ��•� �,.3 - ..v':g3;�+=."sss:li'-{`�.04ffInstallatibn:�'L'7.".+F.-l:F;i:•F;_Ci_:.'L"��C.�� L« f�':.:�,•v'1' . a. General. Comply with the instructions and recommendationa-of'the roofing materials manufacturer,, � except to the extent more,., stringent requirements are:,indicated."-v 4--4 - .; „4' :F...G: N. - c? '?t3 i-`'`a•' : ' �. iiieme�._ - ' f�Kate ria— ; r.P•:. •'' i� . s. r' 7ri c '• , i `-�c - .'z ` :+'.' .. �. � r����7 �':1;���xc• b.n � Confnt.als+ 1� . r •�,: °'• Do not allow'fluid'and plastic material* to spill or migrate ='•'beyond ' surfaces', of - intended'application, or to flow into or7 conductors'. +•., s -.,:.., r.: .� - .. ..- -; _ :.: .. � - - c.' Y`'=-'Performance-.`-'•+-� -..: Y: _ : � - .. It is required that roofing work be watertight for normal weather exposures, and not deteriorate in excess of manufacturer's published limitations. :d. 'Nailers. Where roofing is installed on'non-nailable substrate, and manufacturer's instructions require nailing due to slope, provide treated wood milers complying with manufacturer's instructions. x e.l. Installation of BUR: '=:r 'Provide manufacturer's proprietary system, complete with =--composition flashing and *tripping. � END OF SECTION PIER PLAZA CONCESSION/RESTROOM SECTION O1510 - 3 SECTION 07900 CAULKINGS AND SEALANTS - PART. 1 - GENERAL . 1.01 SCOPE: This section contains general specifications pertaining to all weather - sealing and caulking throughout the project and becomes a part of all sections containing reference hereto, or where materials of the types :•=-_:specified in -.this section are .required by.the drawings. 1.02 -GENERAL -REQUITMENTS i Guarantee.r?rovide.written:guarantee for' -all caulking and sealants against all defects of material or application for a period of two years after -date of acceptance. All failures that -may occur within thin period due to defective application or materials shall, upon written iv.lnotification%of -such failures- be repaired or replaced with proper materials and :labor -aa a_ppro++ved •by:the Architect, at no additional coat {�, �-the.•.City. ti. Y.L., ..c 4 ♦riri. �t .i -%�~N:11�:• .. . . �fl��v i.•I1�=i� �iv ••4".° - " . , _ -:� Submit 'to the. Architec .-saapleo -of various C typea' (and - colors' where • applicable) of materials specified, prior to delivery of materials to the =job::"'. c - : ; r• -Deliver materials to the job in original unopened containers bearing manufacturer's name, product designation -and date of manufacture. Install proprietary materials specified herein in compliance with manufacturer's instructions. Send copies of manufacturer's instructions to Architect at least two (2) weeks before installation. PART 2 - MMERIALS Use sealants of the following type* and manufacture. Unless specified or directed otherwise, use materials to match color of adjacent materials. Where adjacent uateriala on each aide of the joint are diffecent colora, the Architect will select sealant colors. If the desired color is not available from-one'manufacturer,•select proper color from another manufacturer. -Vow those sealant* from the following list as appropriate for the'application, per manufacturer's recommendations. A. Incidental Materials Staining Characteristics. All joint filler, primers, or other .materials used in conjunction with sealant shall be of such composition as to not cause staining of the sealant or the materials to which they are'applied. Compressible Joint Filler. Closed cell neoprene, plastic foam, or urethane, as recommended by the sealant manufacturer for use in conjunction with the sealant. PIER PLAZA COWMSSION/RESZROOM SECTION 07900-1 Primers . As recommended by the sealant manufacturer for uses in conjunction with the sealant for application onto the various types of materials.to which the sealer is applied. Cleaners, where required in lieu of primers.; As recommended by the sealant manufacturer. B. Material Types: _ .. ...Type #1 - One part polyaulfide, FS 7T-S-00230C. _ Elaatoseal #230 by Pacific -Polymers; .15081.Maran Street, Unit E, Westminster, California. Uniparmastic by Parr;,Inc., distributed by.C.R. Laurance Co., 720 Mateo Street, Los Angeles, California.- r _PTI •141, :by Protective %Treatments .of -Dayton, Ohio. - Type .02 - Two parts polysulfide,' FS 71'-S-00227E.:,: za Li Elastoseal #227:by.Pacific Polymera,_15091-14oran Street, E,' Veatminster, California. Parmastic•by Parr, Inc., distributed by C.R. Laurence Co., .720 Mateo Street, Los Angeles, .California.: _ :• :..:.::..; Protective :Treatments of , Dayton; Ohio. '.� r.�r � ��ti.: :'. ti'''i�i-%.l.•3� C•.1 .,..._ y 1..:.+vr•'. _ _f-4-er•wi.': �O- ff-'l�iahrli.Q�_ Type #3 - One part silicone sealant, FS TT-S-1543:J General Electric 1200 non-paintable, distributed by C.R. Laurence Co.,-720 Mateo Street, Los Angeles, California. Dow Corning 780 and 781, Dow Chemical, Midland, Michigan. Type #4 - Two parts silicone. _ General Electric 1600, distributed by C.R. Laurence Co., 720 Mateo Street, Loa Angeles, California. Type #3 - Multi -part urethane sealant, FS TT-9-00227E, non -sag or pourable consistency, non-ntaining. Elaatothane 227 by Pacific Polymers, 15081 Moran Street, _-Unite E, Wastsinster, California 92683. -•• .-.PRC 270 by Products Research, 2900 Empire Street, r Burbank, California. Type #6 - Latex acrylic caulk for drywall and interior caulking. Parr latex Caulk by Parr, Inc., distributed by G.R. Laurence Co., 720 Mateo Street, Loa Angeles, California. Elastoseal Latex by Pacific Polymers, 15081 Moran Street, Unit E, Westminster, California 92683. BIER VLAZA C0'W=99Iox/;MSTA0CK SECTION 07900-2 PART 3 - D= Ti'ION 3.01 Joint Filler. Accurately position within the joint to establish and contr ccucontrol'the j t,; • _ r_ uniform designated thickness of sealant.... a•. :�� $ _.• -- 1 Apply material'.wfth sufficient -pressure ;ta`,c pletely, fi12" the void - apace and to assure Complete setting of contact area to obtain uniform adhesion. During application, keep.tip of nozzle at.bottom of joint, forcing sealant to fill from bottom to top. Finish joint* smooth and flush with adjacent surface unless detailed to:be;finished.beloa the surface. _._.... Perform -joint! preparation; - including cleaning and'prinq; is accordance r. with,manufacturer.*.instructions. - Provide Manufacturer's .inspection of .conititions'pxior.to'start of the f_...work,and Omitial,supervision ,at ;the start of each -application, in order to insuka that -any phynisal'conditionn-which would:result{in defective - work are properly corrected before materials are applied; that properly . instructed personnel are available.to do the work...and..that proper procedure=-are:being followed; --Provide such: - inspection, and :aupervision.ti =' by qualified personnel: Report all -unsatisfactory..,conditions.-;existinq.at the time of imspection' in writing to the Amchitect` far' correction before _ proceeding with the work.';�Fi` _ =.. ►: -;- _.� . ` Notify'the manufacturer 'at least 72 hours prior to' -the time inspection is required. -.... Failure or refusal of the manufacturer to provide the inspection and supervision as required hereunder -constitutes grounds for non — acceptability of materials manufactured by him even though ouch materials have been specified or approved. _ PIER PLAZA COWXSSIONJRESTROCM SECTION 07900-3 SECTION 08305 ROCS' SCUTTLE PART I - GENERAL 1.01 SCOPE CFWCM u [. Cx LU":1 t_ i ��� k7•(:.: �[;!� f'•.; r:'J... _ -:'s mil. S.1A .��Y•'1 •` Furnish all materials arid-slabor•iiecaasary to 'complete Stainless Steel ti y Roof•Scuttle Wort as indicated, specified.herein, or both., The Work of this Section'�includes but•'is `not necessarily limited to the followings -: 1z, Stainless' steel 'roof scuttle JV - er-1 PART�MA1ERiALS i :+�,... tt�I .r=•.r:::t�t ::3?: _,,:, :cri:. .-.r. 1 2.01 ACCEPTABLE MA=nCTURKR: �n{%Z7 S Provide stainless ateel roof`acuttle;••Model•Nuaber S-90 200, as shown on : 'the-architectural.drawings,and as manufactured by The Bilco Company, '.`Contractor'to'submit`three (3)"copies'of ianufacturer's technical '!` - �',': specification'data 'to 'th6*4rxgineer' if '.aa alternate'manufi cturer is e�proposed:�:u•t.: :i�..L_a .3{i.•..+�Ci1c.�+..� ,,,»_rY: L �.tu s: a�J :'��x;.t_. 1%3 t .�f3Jq•�'��i _�.� s• »+.�.,i: `J"31.. �1.L.sir"«t7.:f=:S..f�►7�.I:7:�-�s;i':-•.Yf`.'JYr:.•}�::_�'r.`;} ''�':.` . n'PRRT,'3'/�-`EXE'�CUTION•:.1.ctr.��,�c:%1cs ex�.ran�s:a-:,;;"�:iyµ_�rrl ' i'••71:y,L ���Yya •YrJ#..1•M.�v�Y�ri.► 'A / _ y 1 f:) i- 1\k� i�•.- f. _ __•'�1 .1 • • 'i1f. c �,J'�'�-•. tr#�r��.. Lh � 2tsGi1�i'-r � �.[ '.� •.+_ Y . ~ "•'d LL-i.:•i:.....-f:.'-4.5�..��vGf: •.�f.i=r4�ilc•� ,f✓Fa• :' �i . . .� �3:01"_PRODIICT`H�►NDLING:, � .. =: r �:.��' ;� • - . C��:73E±. .r!'.. . v •• -. r ..Fen.:.. V.4 '�'.1.fL v �?t �:.'i �:ie.f:'•ri .�j val'i (y� Protect materials from the elements 'and 'other-daaago during delivery. Store.roof scuttle on,elevated wood pallets ore platforms.. Cover or otherwis'protect frog the"elements: .. }. 3.02 INSTALLATION:. A Roof scuttle "nhall `be installed as`ahown in drawin B. Roof scuttle shall Ni installed plumb'and'true and per manufacturer's instructions. MM Mr SECTION[ ' PIER PLAZA CONCESSION/RESTROOM SECTION 08305-1 i r SECTION 08362 OVERHEAD SECTIONAL ROLL -DOWN DOORS PART 1 - GENERAL = .' 1.01 SUBMITTALS: Manufacturer'a'product data and installation in3tructions.' PART 2 MATERIALS 2.01 COILING OVERHEAD COUNTER DOORS: A. Complete operating door assemblies including door curtain, =•guides,=counterbalance,' hardware, operators,"and installation accessories .• B. Provide Cornell Iron Works, Inc., Model Number PFI-lF, flat aluminum slat, clear anodized finish, push-up`operation, face mounted, with locks. Performance Requirements: Provide doors certified to withstand a - 20 psf wind load pressure.•• - , _.r_ OP r_ .• ,•:�. .. _ - . `« _ 'S:c'If rim •:-]:: 2.02 `DOOR -CURTAIN: ar ` .:.:� '. :•;: ...:. Interlocking aluminum slats, one-piece for door width, as"follows:' A. Aluminum slats, anodized clear satin finish, not less than 0.04" thick. 2.03 ENDLOCKS: Molded high -strength nylon endlocks riveted to ends of alternate slats. 2.04 BOTTOM BAR: Extruded aluminum tubular section with continuous lift handle and vinyl astragal by door manufacturer. 2.05 CURTAIN JAMB GUIDES: Aluminum extrusions as supplied by door manufacturer. PIER PLAZA CONCESSION RESTROOM SECTION 08362-1 • r y • 2.06 COUNTERBALANCE: Manufacturer's standard adjustable helical torsion spring mounted around steel shaft in barrel, with grease -sealed ball bearings or self-lubricating graphite bearing= for rotating members. 2.07 HOOD: •'::y:' - Enclose coiled curtain and operating mechanism and act a* weatherseal. Provide closed ends for surface -mounted hoods. A. Aluminum, not less than 0.040", mill finish. 2.08 PUSH-UP OPERATION Push-up operation designed in counterlialancei.mechanism requiring not more than 15 lbs. lift or pull. Curtain stoppable and remain in position at any point of travel until movement reactivated. • ;• .•. .. _ - •-is n... SY .. :�" - 1.. s'. 'C. "!: � Lt,•.. -•`rw ri S'/.7 -r'� PART 3 -. EXECUTION 3.01 INSTALLATION: Set door and operating equipment complete with necessary hardware, jamb and head mold stops, anchors, inserts,.hangers, equipment supports in accordance with manufacturers,;in=tallation,instructions. END OF SECTION PIER PLAZA CONCESSION RESTROOM SECTION 0836Z-Z SECTION 09200 METAL LATE AND CEMENT PLASTER PART 1, -* GENERAL 1.01 Scope: __This section covers. everything necessary for or incidental to - executing'and completing the'lathing and plastering work, including ceiling suspension, except as specifically excluded. 1.02 Related Work Specified Elsewhere:" 'f 'Concrete:' Section 03310 Concrete Unit'Manonry:' Section 04200 Rough.. Carpentry:, -Section 06100 :• 'Painting: q Section 09900 1.03 •.Quality Assurance: , Requirements of. Regulatory, Agencies:. " Install cement plaster to meet regitirementa of Uniform, Buil'ding'Code. Allowable. Tolerances:.-•;Maxiaum' deviation from '.true .plane I/8"., in _ . , *�,'� ``"TTT :•r `' pten= feet "'- eaaured:by;etraight edge .placed_at any"location on 1�.. v%1;_•� .:R i . i 'y. !'+�GA`-.. •r d.,k h.W ' 1 VAJ A%J ... i;f :4%, �4•. aJ• y �''::•i ,� 1-3uiface. * rt^-!. `_ r '?:.'1 :.�r,�r. _ +Nr,• ' PART 2 -, PRODUCTS~ .,' ` • _ . _ 2.01' Metal Lath: :... _ ... : . Fabricate from cold rolled steel._Furnish galvanized for exterior " Rib Lath: Diamond Mesh: 3.4 Ib3./sq.yd. Fora with 3/8" deep reinforcing ribs at 3 1/2" to 4 1/2" o.c. 2.02 Metal Accessories: A..,. Shape3 used an grounds: Sized and dimensioned to provide ` for required plaster thicknesses and a3 shown on drawings. Flanges: Designed to permit complete embedment of accessory in plaster. Provide for alignment and attachment to underlying surface. �B. - (_.Casing Bead3 .- ' Fabrication: . Minimum 24 ga. galvanized ` stool. Style: ' #66 square edge. ` C. Striplath:. Fabrication: Min. 1.75 lbs./sq.yd. flat expanded metal lath.-' Min. width 4". PIER PLAZA CONCESSION/RESTROOM SECTION 09200-1 a D. Expansion Joints: Fabrication: Min. 26 ga. galvanized --steel. . Provide with double stopa. Provide adjustable openings with solid type flanges. E. Control Joints: Fabrication: Min. 26 ga:'galvanized steel. Single or double screed type •(No.-77 or No. 15) as detailed. F. _ Tie Hire: Composition: Galvanized annealed steel wire, conforming; to-FS' QQ=¢461g,, Class"' Z. -Minimum wire size: 18 ' 'f :'! �^.jay; f.E{'•.. - ... .. . ... , - _ `_ga• 2.03 :Fasteners:, A. Screws:' As recommended by_,acceptable}manufacturer for securing metal lath.to'supports. _ , B.; Staples: •-I4 ga::wire"ataples,�'divergent poiats, 3/4" (19mm) crown, 1 1/4" legs.: _ . _, ...•:a, _ .. C. Nails: - Metal . lath: "VWrtical' and wood supports: 4d common :»nails.•-,Horizontal-wood.supports: 11 ga. 7/17" diameter head,: barbed`naila;, .1= .�.. _ . _.,-_..., .�.,, _�..... 2 ,04: Materials: $'tit::.w'� x- .;. ��, L,.za,.• riJm� : Cs.ilw.�� Fit r4?:' X414..i•i1F �+ r s-i •�:e-�. s� la +,• A. Cement::_; Portland cement: _- ASTM 'C 15Q-73A; t Type II. Plastic Cement:: AMC I50-73A,-Type I csmet�t,` with ,added . • 'plaoticizers-not exceeding 121 total volume of.cement. B. Normal finishing hydrated.lime-.. .ASTM C 6-49, Type N, maximum unhydrated oxide content 8% by weight. C - .'..Aggregates: '•ASTM C' 144=70':'Gradation: Base coat: Percent retained by weight (t/-25.)' U.S. Standard Sieve Minimum.- Maximum No. 8 0 10 No. 16 10 40 No. 30 30 65 No. 50 70 90 No. 100 " 95 ' ' 100 _ c. t..' ..:' • � -' t .gradati all sand to _ _ _ ,.�• D `����Finish oa :Same as base cam an and . r::.. • pass No. 8 'sieve. _ E.' dater: 'Clear and free 'from subotances harmful to plaster. F. Finish coat: Factory prepared plaster produced by La Habra F` Products,' Inc.' .' Color coat to be. X-81,' Oatmeal. All plaster walls/soffits to be painted over final color coat. ' G. Bonding compound: AS7H C 631-70, non -oxidizing, non -crystallizing. Unaffected by reapplication of moisture. PIER PLAZA CONCESSION/RESTROOM SECTION 09200-2 2.05 Mixes: A. Mixing. General: Accurately proportion materials for each plaster batch with measuring devices of.known volume. Size batches for complete use within maximum -of one hour after mixing. Retemper plaster stiffened from,evaporation, but do " not use or retemper partially hydrated cement plaster. Do not use frozen, caked;"orslumping materials, and remove such materials from job site immediately.. Use moist, loo3e, aand in mix proportiona.'Withhold 101 of mixing water until mixing is almost complete, -then add"as'nioeded to produce 'necessary consistency.'.. - B. Mechanical,Mixing:'-Clean mixer of'Vet-'or hardened materials before loading for new batch. Maintain mixer in continuous operation:while'adding-materials- Conform to mixing sequence, cycle of operations, and time.recommended by manufacturer_ of' plaster materials.- -- ' 'C.-..Hand'mixing. -Do not hand mix ufileas authorized by Architect. Use waterproof mixing boxes and water barrels when mixing in building.. �jr.;. •=-.titr �•s D.Z Mix-proportIona=by-voli;me`.'i-zkix -ba�a 7aecond .(scratch). -and •r(9fin iah'•coats'per'Table,28.3;'•'Califoinia"=Lathing and Plastering'Contractors Association. PART 3 -EXECUTION 3.01 General Requirements: Wire tying: U3e single strand-15 ga. or double strand 18 ga. tie wire. Splicing: Double wrap -tie. Framing'members perpendicular to each other: Saddle -tie. 3.02 Product Delivery, Storage and Handling: Deliver manufactured materials in original unopened packages or containers, with manufacturer's label intact and legible. Keep cement•and`lime dry, stored off ground; under cover, and away from damp surfaces: Remove wet and deterio=ated.materials from project site. Protect netal'lath; suspension materials and accessories from dampness or wetting. 3.03 Job Conditions: Environmental Requirements: Cold weather requirements: PIER PLAZA CONCESSIONIRESTROOM SECTION 09200-3 Do not use frozen materials in cement plaster mixes. Do not apply cement plaster to frozen surfaces or surfaces containing frost. Do not apply cement plaster when ambient temperature is less than 40_F. ' Hot weather requirements: ....Protect cement plasterfromuneven and excessive_ evaporation ._during hot, dry -weather. Protection: Screen openings with plastic film when building is subject to hot, dry winds, or temperature differentials of more than 20 F. Protect finished surface* -installed prior to plastering by covering with plastic sheets. Maintain protection �in.p�ace until completion of � r:', �: a: .. �. .._ 'r. �...F .q vr�. -►... .. Rti .r �.-f :. -r c,t r.r,- �- ^?.-: -., �'�`.try _3.04 ;• Installation.of Metal: Lath: - , IInatall.with.long dimension running perpendicular to supports. Install rib lath with ribs against supports. Lap rib lath by -nesting side ribs at sides. Stagger end laps•from raw to raw. Lap end*.-. over supports.,,. Secure lath to oupports: Spacing of fasteners: 6" o.c. Metal y•_,,.supports,and adjacent lath:. roof Horizontal -.-wood: :barbed roof inginails.-„Vertical wood:.::-wire:staples. - Do not continue lath across control or expansion joints. 3.05 Installation of Metal Accessories: General. Fasten in place using wire ties, galvanized staples, or hardened concrete nails as required to prevent dislodging or misalignment by subsequent operation. . Fasten at both ends and maximum 12" o.c. along sides. Bring grounding edge of accessories to true lines, plumb, level and otraight. Install accessories to provide required depth of plaster and to bring. plaster surface to required.plane.- Connect,lengtha of accessories as recommended by manufacturer to assure a continuous line. - Where planter abut* dissimilar materials, terminate with full depth plaster casing bead. 1 1. Install accessory beads to provide minimum 1/8" clearance between structural units and termination point of surface to receive plaster finish. PIER PLAZA CONCESSION/RESTROOM SLCTION 09200-4 - 't 3.06 Inspection: _ Verify that surfaces to be plastered are free of duat, loose particles, oil, and other foreign matter which would affect bond of plaster coats. Examine Construction, grounds,' and -accessories to ensure that finished plaster surfaces will be true to line, level, and plumb, without requiring additional thickness of plaster. 3.07 -Preparation: ar:r -r "-i, iTet absorptive base with fine fog spray.of clean water to produce :uniform •moistrcondition.='.Apply.bond =coat .to masonry base and ,% a: nw t.:•;:� i.:.moist curet -for -a minimum of twenty-fourc(24)..hours before applying ` first coat of cement plaster..cVerify_that'masonry surfaces are rough or prepared in a manner to provide bond for plaster. 3.08 :_'.Application: General.`:'Apply cement plaster by hand or machine, as applicable. Interrupt cement'plasteronly at junctions of plaster -planes, at openings; or at control joints. Tool through second and finish coats -to produce .",V": joint- at intersection of framer . or other • items -of metal or -wood which act as plaster grounds. Apply'second coat to first coat, grinding out to grounds, flat to true surface, and free of imperfections, which would reflect in finish coat. Reconsolidate second coat by floating, and roughen to assure bond with finish coat. Base Coats. Over metal base: Nominal plaster thickness over exterior metal base: Scratch and brown bane coats and finish coat measured from back of lath: 7/8-inch minimum. Apply with sufficient material to form keys through metal lath. Embed and fill all spaces of lath and scratch vertical surfaces horizontally. Scratch horizontal surface* in one direction only. Over solid bases: Nominal plaster thickness over exterior concrete or masonry: 5/8-inch minimum total thickness or as indicated: Apply first coat with sufficient pressure to ensure tight contact with complete coverage of solid bases, immediately scratching to provide mechanical key for second coat. Apply second coat with sufficient pressure to ensure tight contact with first coat. Bring surface to true and even plane. Float to uniformly rough surface to provide bond for finish coat. Finish coats (Color coat): Apply plaster to nominal thickness and fill out to true even plane. Trowel interior finish to true even surface after moisture has left surface. Texture exterior finish coat to be approved by Architect from samples provided by Contractor. PIER PLAZA CONCESSION/RESTROOM SECTION 09200-5 : Curing. Maintain moist -conditions by vapor barrier. Cure base coats minimum of 46 hours after application.. Cure finish coat for minimum of seven (7) days. 3.09» Field. Quality_Control:.:G ;=,r- Slump test ASTH C 143•-71, modified slump cone 2" x 4" x 6", - ..-.. - maximum _slump •2 1/2": _ - •i -3.10 ' 'Adjuot-and Clean:. _ .. Patching. Upon completion, point.:up plaster around trim and other locations where plaster meets dissimilar materials. Cutout and _s*z-- ..;patchcdefective'or!.damaged plaster: i Cut out.and patch stained or ^•s,c' 7:1,"rtdiscolored finishod �plaster.not •acheduled to -be painted. Match 'r at lr = •�:�,,rare;tccpatch ofidefective or -damaged plaster -,to existing work in form, vc y ..;:texturd.±andicolor. 'sJ_zF-q -- rp z-i . A 1!. n :e-I - ``.ejww�s�fL - .a r� .F7�'!'.•Ti .;i �.3.'Z.=c.?: 5 i!: w.f i.' __ . Cleaning:: Remove plaster and protective materials from expansion .. beads, perimeter beads, and adjacent surfaces.' Remove stains from plaster surfaces which would adversely affect subsequent finishes. - - . ••a���.:a= i'7= Sr-�.i%-'Jie •'+- .'.'3 iti :{ 'ti ;: ^•r`•"G:r:4F 'i 71? :: . '(� iJ- - - -:1 _ - x t.:; ' in I—.r,zz►D-I yirEND .-OF:SECTION-:, _. y i?.:� `�- .i.o�C, %J i�J.. ,•S {'r .G.1i.X.GL :� r1:;.. T � ".: :i,".'�:.i `TZGi� ..L J.i�ayfjy= ra.i �:• J� r�?1 rc{i _ .- }{�J '1G'.iC3irq Y� -;` s.i w :bC� c !.� : 1 r - .. - �v �•_ is i' .• .'ri J.:, �.G �JZ.i: i:.. ;. +.. .i-. .i ^, . i .,f • <.. .-..`: � i. PIER PLAZA CONCESSION/RESTROCM SECTION 09200-6 SECTION 09310 CERAMIC TILE PART 1 - GENERAL 1.01 SCOPE The extent of the work is shown on -drawings and in schedules. 1.02• SUBMITTALS: ' Manufacturer's Data. Submit two (2) copies of manufacturer's specifications and installation instructions•for.:all-materials required, except bulk material*. Include certifications and other data as may be required to show compliance'with these specifications. Indicate by transmittal that a copy of each !in*truction has been distributed to'the-installer. Samples. Submit three (3) samples of each type, class and color of the required, not less than 12" square-on'plywood or hardboard backing, and grouted as required. Architect's review will be for "`:��i t '- r'•=1.`-. color;4pattern; andRtexture only."nCon pliance:with all other '•;-' ''�`�''=y'= "° requirements':Lm` the' excluaive,responsibility:'of the Contractor. PART 2 -'MATERIALS •' , 2.01 Quality Assurances: Provide the equal to or exceeding Standard Grade requirements of ANSI A 137.1. When using setting and grouting materials manufactured under TCA license, provide such identification together with formula on each container. Provide materials obtained from only one source for each type and color of tile. Proprietary Materials. Handle, store, mix and apply proprietary setting and grouting materials in compliance with manufacturer's instructions. 2.02 Floor and Wall Tile: Size: 1" x 1" x 1/9" uniform thickness,.all purpose edge. U*e: concession counters 2.03 Manufacturer: American Olean (for standard of color, finish and size) . Color and finish: Porcelain Ceramic Mosaic A93 "Saxon Blue' w/ slip resistant surface. PIER PLAZA CONCESSION/RESTROOM SECTION 09310-1 2.04 Portland Cement Mortar and Grout Materials: Comply with ANSI A 108.5 and A 118.1 for materials and installation specification. ; 2.05 Commercial Cement Grout: Proprietary compound of Portland cement -and additives, factory -blended to decrease shrinkage and increase moisture resistance. Provide colored grout matching -tile in color and one shade darker. ,.r_.PART 3. ,EXECUTION:-,;. .. �- ..... • . fir•-:. -• �-. Z: 3.01 Delivery and Storage: Deliver materials and store on site in original containers with seals unbroken and labels intact until time of use. .3.02--Inspection: A --Installer must examine:the,areas'�andrconditions under which file Lwork:istto be:installed.c,•iFotify-the•Contractor in writing of .conditions detrimental to the proper and timely completion of this work.- Do not proceed with the work until -unsatisfactory conditions have been corrected in a manner acceptable to the installer. 3.03 Installation: Comply with ANSI standard installation specification* A 108.1 and Tile Council of America "Eandbook for Ceramic Tile Installation", except as otherwise shown or specified. Maintain minimum temperature limits and installation practices as recommended by mortar and grout materials manufacturers. Extend the work into recesses and under equipment and fixture to form a complete covering without interruptions, except as otherwise shown. Terminate work neatly -at obstructions, edges and corners without disruption of pattern or joint alignments. Comply'with manufacturer's instructions for mixing and installation of proprietary materials. Neutralize and seal substrates in accordance with mortar or adhesive manufacturer's instruction, as required. Setting. Tile installation to be by the Dry -Set Mortar or Latex Portland Cement Mortar Methods for horizontal surfaces per specification similar to F102, as shown in the "Handbook for Ceramic Tile Installation". PIER PLAZA CONCESSION/RESTROOM SECTION 09310-2 , 3.04 Jointing Pattern: Unless otherwise shown, lay tile in grid pattern. Align joints when adjoining tiles on counter and trim are the name size. Layout tile work and center tile fields both directions on -; u,-• •. r_•each spacer on each counter. -Adjust to minimize tile cutting. F.;Provide uniform joint widths, unless otherwise shown. 3.05 Placement: Comply with applicable requirements of.ANSI A 108.1 for .;,-_inatallation-.of. Portland- cement• mortar. net tile. Use commercial :cement grout for grouting the wall .joints, unless otherwise shown.'r- 3.06 Expansion and Control Joints.* Provide where shown; -.and as recommended in.TCA "Handbook for Ceramic Tile Installation". Install removable divider strips of the name -depth as the finished-tile:.system;.including netting bed. Remove atrips after grouting and curing operations. . . .ji�C4 .�lty,'�i�i''1_�_i 1-�. `1� iCJ F"'.L *'': �+� *1 -!` w:. 'ei'+�' t„�r: ti;►°tr `•-. L,- - -ram - - ., .'i-,. r,7r3.07. • ,Cleaning:.n- L,asiax -Upon completion of placement and grouting, clean the installations as recommended by TCA and manufacturers of proprietary materials. Tile may be cleaned with acid solutions only when permitted by the tile and grout manufacturer's printed instructions, but not sooner -than ten (10) days after installation. Protect metal surfaces, - cast iron and vit'reous plumbing fixtures from effects of acid cleaning. Flush the surface with clean water before and after cleaning. 3.08 Finished Tile Work: Leave finished installation clean and free of cracked, chipped, broken, unbonded, or otherwise defective tile work. 1.09 Protection: Protect installed tile work with Kraft paper or other heavy covering during the construction period to prevent damage and wear. END OF SEC770M PIER PLAZA CONCESSIONJRESTROOM SECTION 09310-3 I • • L SECTION 10200 LOWERS AND VENTS c PART 1 - GENERAL _ ti 11.01-:1 Scope:.. _ = Furnish materials and 'perform-labor•'required to execute this work 'as -indicated on- the- drawings': as `specified, and as necessary to complete the contract, including but not limited to these major items: -= u �'' galls--Louvers;••-factory =fabricated and finished. = - •_ - '"�` •w`- ?'Door *Louvers;�'factory-fabricated 'and primed. ' _ _,•;. .. ..._,_ .c .Vent screeds. _.i.��.t�. ,t .. - >• j' --1� - ��"`�_- - j Attic vents. 1.02 Related Work Elsewhere : . - 7r. �� .. _ . •+ Y _� 7:3 eSheet' Metal Section 07600. -?J .. ' I.1-L'C__.-iis _.:, �4 .1+.►:�'i :. i.;. .. .. :F� _.:� !'_ :i�`ti--��. .6z'=1': Fa.— :._F:i1• . 1:03 =' General-Requireiaents: 1•Z -�;'- r= :!7^:=" �e t:;� s•'.� = -_ .'=. � �:�w�J3�`�yJ V�.war3=3 :I%+ t±!..:i���r ��':f.E; `,.':�::':;� �:'ti�-:'3:•t Y ��Vecify drawinq'di�enafono with �actual`'field� ' �Fie1d .C6 'ditions. , conditions.-.=-•Inapect: related work and radjaceat'surfaces. Report to the-Architect"all conditions which prevent proper,: "execution of this •work: _'7 - _ ti . _ � . 1.04 Submittals: =1 - - -Manufacturer's Data: �« Submit two (2) copies of manufacturer's specifications, roughing-in-diagrams,':and:installation instructions for each type and size of shutters.. Include manufacturer's data, operating instructions and maintenance data. Indicate by transmittal form that installer has received a copy of diagrams and installation instructions. - 1.05 Shop Drawings: Submit chop drawings for special components and installations which are not fully dimensioned or -detailed on manufacturer's data sheet*. PIER PLAZA CONCESSIONIRESTROUM SECTION lazoo-1 PART 2 - MATERIALS 2.01 Manufacturer: Provide louvers and vent= as manufactured by the Airolite Company or.appro4ed equal.: 2.02 Pall Louver= and Attic Vent*: Furnish and install formed metal.stationary louver* type 609B as manufactured by Airolite Company.' Louvers *hall be 4" deep and assembled completely by welding. Blades and frame shall be fabricated of 16 gauge galvanized steel. A'4' X 4' louver shall not have less than 5.72 square feet of free area. Exterior door louvers shall be Airolite type 583M, 20 gauge steel primed. All exteriorlouvern shall be fitted with 1/2" mesh 16 gauge M galvanized steel bird screen in a_folded;frame. All 1ouYe6 ahallsbW factory finished'after'.assembly with an alkyd baked enamel finish in a color selected'by the Architect from the ':`f �- r ?7l•' _ :+3�:�manufacturer'a. color -charts 2.03 Inserts and Anchorages; Furnish inserts and anchoring devices which must be net in masonry wall for the installation of the units. Provide setting drawings, templates, instructions and directions for installation of anchorage devices. ,Coordinate delivery with other work to avoid delay. 2.04 Vent Screeds: Continuous vent screed by Fry-Reglet PCS-75-V-300. 2.05 Fasteners: Stainlen*,steel machine bolts and screws, 1/4" diameter and length an required. 2.06 Sealant:' As specified in Section'07900. PIER PLAZA CONCESSION/RESTROOM SECTION 10200-2 PART 3 - EXECUTION 3.01 Delivery and Storage: - Deliver materials and store on site in original containers in accordance with Division 1 0£ the specifications. 3.02 Inspection:' - Inspect openings and adjacent surfaces.. Report, in writing, to the Architect all conditions which prevent proper execution of this work. 3.03" Installations'- ._ _ 'A. Wa31 Louvers . In steel frames, drill and.tap steel surround for fasteners. Louvers in wood frames; drill wood frame for wood screws. Locate jamb fasteners 6" from top and bottom and 30"'-o.c. maximum between. Eead.and sill fasteners, 6" from jambs and 30" o.c. -` - maximum between. Install zealant on a1I"four aides of exterior-face`of.'2ouver and make watertight. Install bird screens on interior face. S. Door Louvers: Install in openings prepared by door manufacturer. Secure in . manner recommended by louver manufacturer. C. Attic Vents: Provide flashing and counterflashing and aet in mastic. D. Clean Up and Repair: Replace ahy damaged work and materials. Perform final cleaning of all surfaces, strictly in accordance with manufacturer'* instructions. Use no abrasives. END OF SECTION PIER PLAZA CONCESSION/RESTROOM SECTION 10200-3 SECTION( 10800, TOILET AND BATH ACCESSORIES " PART'1 " GENERAL . . StMMITTALS: Manufactuter'z`data -and "ih3tallation instructions. 1.02 MANUFACTURER: Provide toilet and bath accessories, as manufactured by the •�follbwing: x �;.... .a ...,._ f. ......= A. Grab bars by Bradley Corp. B. Toilet and bath accessories by Bobrick. C. Surface mounted roll toilet paper-diapenser by Vandal Stop Products. ... - 1.03 GENGFM: : i7'iS:,-..-�i �L ;i {ate �+-.- ,,::s .i.�• G:G'�'. Provide toilet and bath•accessories;=geab'bars, and toilet paper holders -�$a indicated 'or 6chedaled. •Inatali unitn at location* and heights as indicated;' plumb•:and level,- firmly anchored, in accordance with manufacturer's instruction. "PART Z - MATERIALS ..4u l:l'iZ:iY_r}<j�L•.! k[ . 5� ^3T...f :1T� .Cn jVV i-_J,3J. N .yam` •a_.•� •�.,k •.itri+. ::3;a� y32.a1 S.�inii140.S �J lr+4f1 A�i�y n.'+yp�`JM7+ th'�%ol hed A finish. - • .. r.... i'f).a=1'L,xf:.�7�.'.Y.�L K'f�-7.�r( ti �� �• �� Fi �.'� � !'if .. 2.02 £INISB: Factory -applied, clear epoxy satin finish in manufacturer's *elected -by the Agency's Authorized Representative:' 2.03 GALVANISED STEEL-M043 MNO DEVICES:' ' •.--'ASTH A153,:hot-dip galvanized a#ter=fabrication. 2.04 FASTEId'iRS: Screws, bolts! and other derices of same naterial as accessory unit or of galvanized steel where concealed. Z.03 5UMCE-M0tW=D ACCLSSCFiIzs: - Fabricate units with'tight *sari and joints, expmed edges rolled. Bang`doora or access panels with continuous piano hinge or mininum of two 1-1/2" pin hinges of name metal as unit cabinet. Provide concealed anchorage wherever possible. 2.06 RECESSED ACCESSCRIES: Fabricate units of all welded construction, without mitered corners. Bang doors or access panels with full-length atainle= steel piano hinge. Provide anchorage which is fully concealed when unit is closed. PIER PLAZA CONCESSION/RESTROOM SECTION 10800-I r 2.07 ROLL -IN -RESERVE DISPENSER: Vandal Stop Products'Model SS00D1. Fabricate of stainless steel for mounting indicated below, sized to store and dispense either 4-1/2" diameter or 5" diameter core tissue rolls, with roll placed in a,nervice.,by automatic. release with pivot hinge_ and secure with mb d tuler lockset. `.` A. Mounting: Surface -mounted, concealed anchorage. - _ _t ,•.�-}��. �. t,f �•� :. .. .-:)nr.-...-... ,-> is -'•-j "r. ..: +,y-r ;.��.}..ter!• B. Fabrication. Spindleleaa chrome -plated -zinc alloy construction with tendon spring delivery controls designed for surface mounting • _- »a:�.•:2.08-GItAg.BA11S.,' ;�: •�;V.',,�1 .-:.:...__� A. Stainless Steel Type: Provide grab bars with wall thickness not leis than 18 gage as follows:.. . - •Mi-. -J br •.E Mounting: Concealed- i.r. '• �, a ! �; �� r r.3 2.; - Gripping .Surfaces: Manufacturer's . standard non -slip texture. 3. Size:i0_utside,diameter -1 J 2.08 LOCK REYING V ; A. ..-General: Vhe rover.. locks. are required for : particular .type of . �,. •,,, , �l,•.', " Facceaso roride-name =Y throe haut7 r0 ect. Furnish two -i.:�'teys for each lock, :properly identi led. PART 3 - EXECUTION 3.01 INSTULATIOR r.: ,r`- >::�•�,� #. _ •'f , A. General: Install toilet accessory units -in accordance with manufacturer's instructions, using fasteners appropriate to substrate and recommended by manufacturer of unit. Install units plumb and level, firmly anchored in locations indicated. B. Adjust toilet accessories for proper operation and verify that mechanisms -function smoothly. - - C. Clean and polfshaall exposed surfaces after removing protective coatings.ip./`y''T CF.S :Z i:.:LL . :••T• -mil': 4 •a. .. :. ..ri PIER PLAZA CONCESSION/RESTROOM SECTION 10800-2 SECTION 15400 - PLUMBING _ PART 1 - GENERAL 1.01 Division 1 and the General Conditions apply to all of this Section. 1.02 SCOPE OF WORK: A. The work covered by this Section consists of furnishing all labor, materials,- equipment and performing all operations as required for the complete plumbing systems as indicated on the Drawings and as. specified herein. - B. These drawings and specifications do not include necessary components for construction safety. Record Drawings: 1. Comply with pertinent provisions of sepcifications. 2. Include a copy of the Record Drawings in each copy of the operations and maintenance manual described below.', - 1.03 QUALITY ASSURANCE::` 7•'� .. 3 «ti :r ��.'. A Code and Standards: Conformation to requirements of local and/or State Codes and/or ordinances, including the Uniform Plumbing and Building Codes, State of California Industrial Accident Commission. safety orders and regulations of the State and Local Fire Marshal. B. Permits, Fees and Inspections: Apply and pay for all permits, fees, inspections,, examinations and tests required by all legally constituted public authorities. C. Materials:. . Use only new materials, free from defects and imperfections. 1.04 SUBMITTALS: PRODUCT DATA: Submit brochures containing material lists, certified manufacturer's drawings, performance data, rough -in dimensions and cuts of all equipment and fixtures. Submittals shall be in a neat brochure form and shall contain a complete list, in index form, of the manufacturer's names, cut of equipment, performance data, 15400-1 PIER PLAZA CONCESSION/RESTROOM catalog numbers and trade names as required to properly identify the materials and equipment to be furnished under these specifications. 1.05 PRODUCT DELIVERY, STORAGE AND HANDLING: Conform to the General Conditions 1.06 GUARANTEE: All materials and equipment provided and/or installed under this Specification shall be guaranteed for a period of one (1) year from the date of final acceptance of the work by the Owner. Should any trouble develop during this period due to defective materials or faulty workmanship, furnish all necessary labor and materials to correct the trouble without any cost to the Owner. Any defective materials or inferior workmanship noticed at time of installation and/or during guarantee period shall be corrected immediately to the entire satisfaction of the Owner. This shall not supersede product warranties of longer duration when herein specified or when provided as a condition of product sales. PART 2 - PRODUCTS 2.01 GENERAL:. Materials will be as specified herein and as indicated on Drawings -and j'� Schedules. 2.02 PIPE AND FITTINGS: A. Soil and Waste Piping: ' 1. Soil and waste piping outside of the building within five feet of the foundation, and within the building itself shall be cast iron service weightno-hub pipe and approved type fittings, asphaltum coated, free from defects and shall meet requirements of the Commercial Standard No. CS301 72. ,Joints shall be made with "Clamp -All" stainless steel couplings. 2. Building waste piping from 5' outside of the building and underground sewer piping may be vitrified clay pipe, "Pacific Clay Products', wedge -lock joint or plastic pipe schedule 40 PVC or ABS as approved by the Building Department. B. Vent Piping: 1. Vent piping below grade to approximately 6" above ground and all such piping of size 2" and larger above ground, shall be cast iron as specified for soil lines. 15400-2 PIER PLAZA CONCESSION/RESTROOM 2. Vent piping less than 2" size above ground shall be schedule 40 • galvanized steel pipe with black cast iron recessed drainage • --'fittings. At Contractors-option,'cast iron pipe as specified for waste piping may be used. C. Water Piping: Type "L" hard drawn copper tubing with wrought copper sweat fittings and adapters for screw pipe connections: Threaded pipe, unions and fittings at fixture connection and at outdoor piping above grade shall be 85% red brass with IPS threads. E. Unions: Furnish and install at each threaded connection to all equipment or valves. 'Locate the unions so that the piping can be easily disconnected for removal of the equipment or valve of the type specified in the following schedule: Btack'steel pipe:a250 pound screwed black malleable iron, ground ':joint,�brass to . 2. Galvanized steel pipe:250 pounds screwed galvanized malleable iron, ground joint brass to iron seat.' 3. Copper or brass or tubing: 150 pound cast bronze or copper ground joint, non-ferrous seat with ends. Walsea1, NIBC4; Mueller or Fiagg-Flow. 2.03 VALVES: A. General: - 1. --Supply piping system with valves arranged so as to give complete and regulating control of piping system throughout the building. Each group or battery of fixtures shall have a shut-off valve complete with access panel if wall mounted. 2. Install valves with the best workmanship, neat appearance and grouping, so that all parts are easily accessible and maintained. B. Valves: 1. Valves shall be one of the following: Type Gate Globe Check Crane 438 7 36 Jenkins 370 106A 762A ---Kennedy 427 89 444 Lunkenheimer 2129 123 554 15400-3 PIER PLAZA CONCESSION/RESTROOM { - \. - _ - -. • � � 11 • 7 .. . _ .. � - -. � • 2.. >.Ball valves as manufactured by NIBCO #5954, 3-piece or equal by Apollo #82-100, may be provided in lieu of gate valves. 2.04 CLEANOUTS: J.R. Smith, Zurn or Josam. A. Wall Cleanouts: ._..J.R.. Smith #4440 or #4710 with stainless steel cover. 2. J.R. Smith #4553 prime coated for masonry and dry walls, stainless steel for ceramic the walls. B. Floor.Cleanouts: J.R.-Smith #4043 or.#4023, bronze plug and non-skid nickel -bronze top for finished floor, and J.R. Smith #4223 plug and X-X-H secured non-skid cast iron top for unfinished floors. . _ .n; C..,,- :,Cleanouts to LGcade:,vJ.R. Smith #4253 with X-H bronze plug and X-X-H non-skid cover with lifting device set flush with surface for concrete areas. For asphalt or non -surfaced areas, install with ring of concrete poured around the bottom flange.6" below surface.- Use cast iron soil pipe on cleanout risers. For.cleanouts in non -traffic areas, terminate cleanout plug in concrete yard box marked Cleanout. '.r.r. - :i-1�..''�►i��.�. S^L.�.. ;: _. ,~. r+rriul. ���!��-v .��-�+.�-•1 z 2.05,ACCESS PANELS;,: .< f._'yyf { •- .: •.�„ :, ; A. J.R. Smitli,•Zurn or Josam. Provide 12" X 12" panels for concealed valves and other equipment unless otherwise specified or indicated. Ceiling access panels shall be 12" X 18" minimum. 1f access panels are required, verify locations with Architect. B. Wall Panels:_ J.R. Smith #4762 with AKL, stainless steel finish for all walls. , 2.06 ROOF FLASHINGS: _.: Stoneman, one-piece, six pound series with reinforcing steel boot 1100-5 with vandalproof hood or approved equal, counter flashed with cast iron counter flashing sleeve. 2.07 ESCUTCHEONS: Metallic flange type with locking ^device and chrome plated finish. 2.08 DIELECTRIC ISOLATORS: Where incompatible materials come in contact, isolate from each other with material best suited for the characteristics of materials to be isolated. Dielectric 15400-4 PIER PLAZA CONCESSION/i' IROOM union for connecting piping or non -compatible materials shall be of standard • ' *. commercial design. = 2.09 PIPE SUPPORTS: A. Split Ring Hangers: Grinnell #104, Mason Industries or Elcen. Support from framing with side beam connector. Branches over six feet long shall have separate hangers. B. t< Piping Hanger Rods: Conform to the following: 1. 'Pipe Size to 2" IPS = 318" rods 2. Pipe size 2-1/2" and 3" IPS 112" rods 3. Pipe size 4" IPS & larger 518". rods C. For support conditions other than specified herein, submit method of support for approval prior to any installation. D. Conform hanger spacing and location to Uniform Plumbing Code requirements. Provide lateral bracing and anchor into wall or overhead '-framing.:-!�•i + ....... :: c. , _ , �:: . . -E. Pipe Isolators: Asolate all pipe hangers or piping supports frorb piping with Stoneman'Trisolators". Series 100 for IPS piping. _ ,• ,. �r- 2.10 TRAPS, STRAINERS AND TAILPIECES: Every sanitary fixture, unless otherwise specified, shall be provided with a 17 gauge tailpiece, a Los Angeles pattern cast -brass trap and wall flanges. Provide plated brass casing between the wall and flanges with each fixture. All sanitary waste system floor drains shall have cast iron "P" traps. 2.11 FIXTURE SUPPLIES: A. Supplies to flush valves, lavatories and sinks shall be equipped with chromium plated and polished screwed type angle compression stops with square shank stems and lock shields extending beyond the stem. : B. Each supply or pipe which passes through or into wall, floor, ceiling or furred space shall be equipped with a chromium plated and polished cast brass flange with a set screw. 2.12 PLUMBING FIXTURES: (SEE FIXTURE SCHEDULE ON DRAWINGS) A. As manufactured by Acorn or approved equal. 15400-5 PIER PLAZA CONCESSION/RESTROOM B. . Furnish complete with necessary trim, including stops. All trim and exposed fittings to be chrome plated brass including handles. supply tailpieces, traps and escutcheons. C. Connections to fixtures: In accordance with Code requirements, except = as exceeded herein or on Drawings, and in no case less than the supply stop size. Minimum waste: 4" for water closets and 2'; for lavatories. D. Steel Plate Supports for All Wall Fixtures: Support with 3/8" thick X 8" wide steel plates recessed and lag screwed to wood studs or welded to steel studs and tapped for fixture bolts. Length and number of plates as required to satisfactorily support the fixtures installed. PART 3 - EXECUTION 3.01 INSPECTION: , Follow the general arrangement indicated on the Drawings as closely as possible: Coordinate with the architectural, structural, mechanical and electrical drawings prior to installation of piping and equipment to verify adequate space available for installation of the work shown. In the event a field condition arises which makes .it impossible or impractical to install the work as indicated, submit in writing the proposed "departures" to the Architect for his. approval. Proceed with installation of the "departures" only when notified to do so in writing by the - _ } Architect. _Revise Record Drawings accordingly: :±e,toY;•e :? .. . 3.02 PREPARATION:. General: Because of the small scale drawings, it is not possible to indicate all offsets, fittings and accessories which may be required. - Carefully investigate the conditions surrounding installation of this work, furnishing the necessary fittings, valves, traps, etc. which may be required to complete the installation. 3.03 INSTALLATION: A. The location of apparatus, piping and equipment indicated on the Drawings are approximate. Install piping and equipment in such a manner as to avoid all obstructions, preserve headroom and keep openings and passages clear. Do not allow holes or openings in, nor support any equipment or pipes from any structural member without consent of the Architect. Coordinate the location and mounting heights of all fixtures with the architectural drawings and room elevations. B. Excavation, Trenching and Backfill: Do all necessary trench excavation, shoring, backfilling and compaction required for the proper laying of the pipe lines. 1 5400-6 PIER PLAZA CONCESSION/REMOOM . •. 1. Backfill shall be clean soil, free of rocks and debris, compact to ' i-, ,,:,90% of surrounding soil. V.C.P. and PVC pipe lines shall be installed in sand bed and covered with 6" of sand prior to backfill. C. 2. Depth of Bury: 30" of cover minimum for V.C.P., 24" of cover for PVC and 18" of cover for al other pipe. Pipe Installation: o l . .1 Make all changes of direction with fittings. Bending or mitered bends are prohibited. - Make connections to equipment with pipe and fittings (No flexible hose). u .. 2. - Install horizontal sanitary and drain piping to a uniform grade of not - Tess than 1/4" per foot, unless otherwise indicated or directed. 3.:, a Proceed with rough -in as rapidly as the general construction will per and complete and test before any finish work is started. Fit all work to the available space and rough -in accurately. 4. Install all straight and true pipe, parallel to the framing of the building, in such a manner as to permit expansion and contraction and prevent strain on the equipment and or piping.-. i : =s�.1;.�;:_► �rf+:,;.5, ch �a Conceal all,piping in.finished portion of the building,'except where otherwise indicated, or unless otherwise directed at time the work is done. Install all piping to clear beams, etc. even if Drawings do r --- ••not indicate same. Constantly check the work of other trades to -.,prevent any interference with this installation. 6. Install unions on one side of all screw shut-off valves and at all equipment connections and elsewhere as required for ease of installation and/or dismantling. 7. : Provide cold water supply to lavatories with 90 degree drop -ear copper to pipe thread elbows, securely bolt to backing plate located )n between wall studs to provide a rigid anchor for exposed _ supply Pipes and stops. ' D. Sleeves: Plastic or galvanized steel where pipes pass through concrete. 1. Isolate pipes through! ground floor slabs with Kraft paper, plastic tape, or similar materials unless conduit is specified or indicated. i 2. Sleeves for pipes through exterior walls: Standard weight galvanized pipe. Pack space between pipe and sleeve with Oakum and hot tar so as to be absolutely watertight. E. Pipe ,Joints and Connections: 15400-7 PIER PLAZA CONCE55ION/R MOCM e . • .Makeup joints in threaded piping with Teflon tape. 2. Copper tubing and brass pipe with threadless fittings. .:.,.. _ a. Make solder joints with "no -lead" wire solder in accordance ' with manufacturer's recommendations. Solder paste will not be permitted. •� F - : :: �:'� b.- =:.z Use threaded adapters on copper tubing where threaded r connections are required. f _ i F. Security: Adequately support and anchor connections installed below the c.E• �-:_; _ iffloor level to prevent motion in any direction.,: Secure all piping installed above grade to structural framing with Unistrut or pipe clamps to provide a rigid installation. Piping utilizing gaskets as a seal shall be given a prime v-,% nDol- =:consideration in providing adequate stability through proper supports and canchors because of its flexible nature.-noo b,};s .•✓�.`. Fti'":��f: r�i ': `:�'-r... .. .:�i�;,�� .3�.�.'1�;7y. C- _••t �-1 .!it.'\, ..-s - G. Floor, Wall and Ceiling Escutcheons: Where pipes pierce finish surface, . provide chrome plated escutcheons.`.-_-' ��:i:�3:iI?� :)( ; ice.-'; ���i-q.`> c.• ..i ti% :<. .i ..�.-i .) H. Installation of Plumbing Fixturewo rrw '' ^'~-' •l"-�6�r":� �: ,w- cs•l_�rib; Install each-fixtur gat th6`exact-height and location shown on the ;3i=)-Architectural-Drawirigs::d.,b�,f:,�,+ Grout joint between the fixtures and walls or floors with polysulfide or silicone cement to be smooth, even and watertight. 3.04 -:FIELD QUALITY CONTROL::,--,: • . • �•'� Y ::;'.. A. Closing -in of Uninspected Work: Do not cover up or enclose any work until it has been tested and inspected and approved by the Architect. Should any work be enclosed or covered up before such inspection and test, uncover the work, and after it has been tested, inspected and approved, make:all repairs with such materials as may be necessary to restore all this work and that of other trades to its original and proper condition, at no additional expense to the Owner. B. TESTING: 1.- Perform all tests required of the Uniform Plumbing Code and to the entire satisfaction of the Architect. 2. Upon completion of the roughing -in and before setting fixtures, test the entire domestic cold water piping system and underground domestic water lines at a hydrostatic gauge pressure of 150 pound pressure, and prove tight at this pressure for not less than 4 hours 15400-8 PIER PLAZA CONCESSION/REMOOM •' , ' „ in order to permit inspection of all joints. Where a portion of the -' water piping system is to be concealed before completion, test this • portion separately in a manner described for the entire system. 3. Test all soil, waste drain and vent lines by filling entire systems with water to highest point, but in no case less than ten (10) feet. Test system for 30 minutes with no drop in water level. 3.05 ADJUSTMENT AND CLEANING: A. Sterilization of Domestic Water Lines: All work and certifications of performance must be done by approved applicators or qualified personnel with chemical and laboratory experience. Furnish a certificate of completion. B. Completion of Installation: Prior to acceptance, clean all fixtures; equipment and materials thoroughly. Leave surfaces to be painted, smooth and clean, ready for painting. C. Operation Instructions: 1. Prior to the date of final inspection, assign a competent person, thoroughly familiar with the job, to demonstrate and instruct a representative of the Owner in the operation of the equipment, including shut-off location of water. Assemble all operation and maintenance data supplied by the manufacturers of the various pieces of equipment, all keys and special wrenches required to operate and service the equipment (including keys for yard boxes, and fixture stops) and Warranties. Deliver same to the Architect on date of said instructions. END OF SECTION 15400-9 PIER PLAZA CONCESSION/RESTROOM 1 EXC L PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO.688659:-"A" P.O. BOX 16405 LONG BEACH, CA 90806-5195 (310) 599-5841 C. P. Brown — 33 years experience Working for other general contractors with the past 18 years being self— employed in own general engineering contracting business. rti v 11i vi t.vltir rMIN A z A GENERAL. ENGDEZRING CONTRACTOR P.O. BOX 16405 LONG BEACH, CA 90806-5195 599-5841 CREDIT APPLICATION Excel Paving Company 2230 Lemon Ave. P.O. Box 16405 Long Beach, Ca. 90306-5195 Telephone No.: (310) 599-5841 Fax No.: (310) 591-74SS or (310) 599-3679 Type of Business: Paving and Grading Contractor Contractors License No.: 633659 A Excel Paving Company is a Corporation Owner. Palp, Inc. 2230 Lemon Ave., Long Beach, Ca. C.P. Brown, President In Business since:10/81 In Location since:1W81 Leased: Brown & Mills Property Financial position is on file with Dun & Bradstreet, Rating 3A2 SIC No.1611 ' Bank: Home Bank Branch: Signal Hill Telephone No. (310) 426-8166 Address: 2633 Cherry Ave., Signal Hill, Ca. 90806 Account Representative: Teresa Harvey Checking Account No.: 05-02-108160 References Industrial Asphalt 16005 Foothill, Los Angeles (310) 834-2655 R.E.H. Trucking P.O. Box 217, Chino i (714) 591-0871 Blue Diamond Materials 16080 E Arnow Hwy., Irwindale (818) 856-6700 Con -Lee Equipment 1782 Pheasant Street, Anaheim (714) 961-0851 E "S ecial Billing Requirements" Invoices MUSt Show Job Numberto insure speedy payment. I certify that the above information is true and correct, and that we can and will comply with your terms. C.P. Brown Date E.v,,CEL PAVING COMPANY • A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659 "A" P.O. BOX 16405 LONG BEACH, CA 9080&5195 (310) 599-5841 RESOLUTIONS ADOPTED BY UNANIMOUS WRITTEN CONSENT O B ARD-bTr-3R€ZT HA'�RbZaED3— OF PALP, INC. A CALIFORNIA CORPORATION THE UNDERSIGNED, CURTIS P. BROWN, AS THE SOLE SHARE- HOLDER AND THE SOLE MEMBER OF THE BOARD OF DIRECTORS OF PALP, INC., A CORPORATION ORGANIZED UNDER THE GENERAL COR- PORATOM LAY OF CALIFORNIA, DOES BY THIS WRITTEN CONSENT TAKE THE FOLLOWING ACTION AND ADOPT THE FOLLOWING RESOLUTIONS: Whereas, Corporation entered into a Stock Purchase Agreement dated December 16, 1993, which provided for the purchase of partnership interests held in Excel Paving Company, a General Partnership (the "Partnership'), comprised of YAK Corporation and PALP, Inc., Whereas, notice has been received by the Partnership that YAK Corporation desires to withdraw from Excel Paving Company and have its interest acquired pursuant to the terms of the aforedescribed Stock Purchase Agreement; Now, therefore be.it resolved, that the officers of Corporation are hereby'authorized and directed to take any and ail steps necessary to effect the terms of the Stock Purchase Agreement; Resolved further, that the officers of Corporation are authorized and directed effective January 1, 1996 to continue all construction operations of the Partnership and to file a fictitious business name for Corporation under the name of Excel Paving Company; Resolved further, that the officers are authorized and directed to take all steps necessary to authorize corporation to continue said operations including procuring the necessary insurance and workers compensation coverages and all other documents necessary in order for Corporation to continue operations and the business of general engineering and contracting pertaining to the construction of roadway, streets and highways; Resolved further, that the officers of Corporation are directed to cause to be prepared an Agency Agreement, which Agency agreement shall provide for Corporation to assume and satisfy the contractual obligations of the Partnership pending completion of all existing Partnership contracts con- templated to be completed on or before November 30, 1995; Resolved further that upon the determination of the amounts due and payable to YAK Corporation, pursuant to the terms of the Stock Purchase Agreement, that the officers of the Corporation are authorized to enter into any and all purchase documentation executing all notes or any other documents necessary to facilitate the purchase of YAK's interest in Excel Paying Company, a California General Partnership. Resolved further. that the following officers of Corporation are hereby elected to serve in the offices set forth after their respective names effective as of execution hereof with their respective terms to continue until their successors are duly elected and qualified: Curtis P. Brown Curtis P. Brown, III Carolyn J. Brown Michele F. Drakulich George R. McRae Candus M. Stewart President and Chief Financial Officer Vice President Secretary Assistant Secretary Senior Vice President Assistant Secretary This consent is executed pursuant to Sections 307(b) and 603 of the Corporations Code of the State of California and the By -Laws of this corporation, which authorize the taking of action by the Board of Directors and Shareholders by unanimous consent without a meeting. Dated: December 1, 1995 LINN CURTIS P. BROWN, SHAREHOLDER and Sole Director .EXCEL PAVING COMPANY + A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 454186 A Bonding Agent: Douglas A. Rapp Rapp Surety Services 23461 South Pointe Drive Suite 345 Laguna Hills CA 92653 Office: 800 457-1003 Fax: 714 457-1070 Surety: Federal Insurance Company 801 South Figueroa Street Los Angeles CA 90017 Office: 213 612-5573 P.O. BOX 16405 TANG BEACH, CA 90806-5195 (310) 599-5841 EXCEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO.688659 A REFERENCE LIST:'AS"OF JANUARY, 1997 1. City of Long Beach 333 West Ocean Boulevard Long Beach CA 90802 Larry. -Cayes, Inspection (310) 570-6771 2. Burbank -Glendale -Pasadena Airport Authority 2627 Hollywood Way Burbank CA 91505 Dan Feger, P.E. (818) 840-9456 or (818) 840-8840 3. Los Angeles County Public Works 900 South Fremont Avenue Alhambra CA 91803 Ron Price, Construction Division (818) 458-3100 P.O. SOX 16405 LONG BEACH. CA 9080&5195 (310) 599-5841 JOBS =ED FROM AMU 1393 IM VAT 1996 PAGE I FINAL ; ES'T JOB AmiCI P®OJCCT TTPE OF CONTRACT :TIOII NO of OriNEt LOCATICK ma AWl0ii DATE 1993-1996 : IF f 2454 III3BA1A1GLF1i1PASA.AVff,XM REM AILOW 5,603,463 : O813013S ME ; I511 BABA CLARITA, CIO SOLEIkID CTN JDISW 3,711,335 : 06/15/94 IG ; 2115 NL41Af0i, INC. SANTA ANITA FASHION 1,571,311 ; 18/30/94 It ; 2155 LOW SPRING ST. PHASE I 3,226,126 : 68/24/94 3S ; 2122 IMING11a1 BEACH, CIO VARIOU LOCI IirlaiTlNGi'EIi IC 2,159,419 ; 43/20/35 LI ; 2032 SO PAC TRANS Gwiff Ma -LOT, IND 2,614, 479 : 06/09/23 w ; 1311 CALTBANS 46 M, LA `' 2,493,223 : 11/30/35 It ; 1196 LACDPW BEVERLY BLVD, 2,354,181 : 06/15/93 If ; 2315 CALTRANS DEVgiSHILE 2,337,736 : 06/21/95 IF ; 2121 LI id ST, LB 21291,139 : 01107194 IF ; 1440 LAc" CRENSHAW BLVD., Ewa 21251,277 : 10/30/95 it ; im SAN awn, C/0 CAIHND DE ESTRULA 1,196,493 : 11/23/94 VB ; 2210 CULYU CITT, CIO SE WEDA 1,743,340 : 10/31/94 IF ; 2655 BilR1<AMIlGLEN/PASA.APRT.AL41H SAN FEJXA14U TAIIl01T A 1,632,931 : 01/28/93 If ; 2030 LI IIIfRA51'RIICTI>RE, PHASE 4 1,642,611 : 03/11/53 IF ; 2153 IA DEFT Of AIVW3 SWICE RD F., IA 1,473,349 : 11/09/54 3f ; 195I L3 SPRING ST., LI 1,461,149 : u102192 IF ; 2351 LAW 1FZEGm V. , CLNI 1,365,320 : 10/30154 IF ; 2234 ANAHEIM, CIO COIIVfJITION UT 1,219,559 ; 03131194 IF ; 2663 LAW NORIQILL BLVD 1,172,151 : 04/30/96 VH ; i160 LACDPW IIARBONNE AVE., IAIHTA 1,136,480 : 02/28/33 IF ; 2641 CARS(li, CIO VRS LOC., C/o CUWW 1,130,015 ; 11/30/95 LB ; 2056 SO PAC TRANS 2850 U R ST.,LA 1,100,49 : 14/21/93 VH ; I515 C.M. RIVEt 15105 IQSSICH BILLS RD 1,036,920 : 01/31/94 it ; 1124 SAN CLLImE, C/0 AVENIDA PICO 1,969,306 : 10/30/33 ME ; 2214 PASADENA, C/0 VIS ST, PASADENA 195,215 : 14/30194 LI ; 2506 SO PACIFIC lAILUD iS0 S. STINPSON, $94,532 : 19/30/95 ME ; 2552 CALTRANS BEACH BLVD 15 Or 151,6I1 : 11/01/95 BG ; 244I IACWN 31111 ST. 791,04I ; 07/30/95 IF ; 263L IEVFJ<LT BILLS, C/O REITORD RIVE 183,116 : 1013019S IF ; 2123 7NGImov, CIO LA ClLiW BLVD, INGLE1IDOD 753,359 : 12/01/92 L3 ; 2219 R W CORD CDITINELA 661,161 : 65/20/94 W ; 2037 LZTA, CIO 20d ST., IT AL 63LM : 11/14132 IF ; 2187 XMAMC/CD1FASA.A1M.XM Vp11Y1T 15133 634,29I : 02/28/93 BF ; 2407 OAt m PALOS VERDES SILM Spa LD 629,763 : 12/23195 LB ; 2374 In 4100 CA an DR., t $99,327 : 11/30/95 L3 ; 1641 OLL am. tv. 11139 VENTII$A, =1O CITT 5%,145 : O5110194 VH ; II10 COSTA WSA, CIO VICTORIA ST. $19.015 : 11/39/91 DC ; 2621 SWINERTON t NK= CALSTATE FIIILFlti'Ai 546,353 : 12/30/95 ME ; 2541 -ANAHEIM, CIO lWiQff.STE[ IP LOW ST . 542,286 : 12/30/95 VH ; 2136 LAW MAIN ST.COIiPTON VICINITT 539,353 : 08/31/93 DC ; 2252 SANTA ICJNICA Q.S.D. SANTA UNICA BS 514,162 : 04/21/94 VH ; 2111 CALTR.A.WS RTE 10. LA 514,0I5 : 0513019S le ; 2569 OCEIIA ORAWOLiVE ISLAND 506,061 : 1213019S BG ; 2377 lQuir It SEVEZU 45S COLWIA ST., LB 499,753 : 0311019S LB ; IS43 PEClVJONES $927 W. MENIAL HWT 453,748 : 13/10/96 BG ; 2046 LB l<riORIAL IGICAL CENTER 2101 ATLANTIC ILVD.,L3 481,666 : 09/28/94 i4I ; 1166 S.F.S. ASSO, it 1073I SIL7Fi11m AVE ST$ = 475,211 : 61/31/94 DC ; 1526 mm, C/o 16TH ST, DPIm 463,119 : 06/30/95 BG ; 2475 SWINfm t IWLBM DEVFT INS fWE, LB • 464,611 : 01/30/15 LS ; 2411 LA NMWO)IE AVE, LA 441,OI9 : 03/20/95 DC ; 2506 LAUD SIE AREA bDDLE SCH/CIIDAHT 441,072 : 49/30/95 L3 ; 2551 IRTSON LAND CO. INTfR"m AIIT 439,543 : O1130/96 BC ; 2394 LaMN PAU, CIO VRS IOC, MR PARK 403,313 : 01/30/95 DC ; 2082 DEFT. OF THE NAVY IDS ALAI ?W, DEFT OF NAVT 395,694 ; 67/31/93 F STATEMENT OF EXPERIENCE wAGENCY -OR OWNER PROJECT LOCATION TYPE OF WORK S AMOUNT -COMPLETE uaa a assaasssas sss a ssasussasasaaaasas■cameos sensaassssaassasaasas a asasas sassssaaas■■ sassasa sassasaaaasasaasssataaas■asa • LEVER BROTHERS 6300 E. SHEILA Sr.. COMMERCE OIL TREATMENT C. DUST. CONTROL 6.970 12/90 HOME BANK 1217 N. CATALINA, RED. BEACH SEAL 6 STRIPE2,010 01191 . BOWERS TRACTOR SERVICE. INC. 1300 S. BEACH, LA HABRA AC TRENCH PATCH 2.470 11/90 L.B. COMM. COLLEGE DIST. ALAMEDA 6 MAY.AVE.. LB PARKING LOT CONSTAUC710H 74.400 01/91 CBE DISTRIBUTION 2225 MINER ST., SAN PEDRO AC RAMPS TO SCALE 1.800 12/90 HUNTER CORP. TRABUCO CANYON SEWER TRTMENT AC PATCHING 600 01/91 JOHN MALLOY CRISWALD ST., SAN FERNANDO AC PATCHING 3.900 12/90 POMONA VALLEY EQUIP. 2010 W. 77H ST.. LONG BEACH AC TRENCH PATCHING 13,824 12/90 RICHARD LANE 11101 HENDRY, 6 IIIIH, LA 7REHCH PATCH 1.,585 02/91 C/O HIDDEN HILLS slit ROUND MEADOW, CALABASAS SIIRPING 2,520 03/91 S$f!tFA P;.I•IrIC 8f)PRAIIY. A!RPOI,T 7Rr.`IC.I PATCH I.41:7 01/11 CITY OF LOS ANGELLS VAN NGYS IIIVEI. $7GJL! I: PROVUILHIS 54.201 U5/y1 DINIIIDDJE COSST. CO. 1200 GETTY CENTER DR., LA CL(AIIIIJG. GRADING. STRUCIURE 113,769 01/91 ELMORE PIPE JACKING LAX -BEHIND TAXI PXG., LA AC PATCH 1.800 01/91 J.W. STEPHENS ELEC. 6100 WOODLEY AVE.. VAN NUYS STREET 114PROVEMEIIIS 1.650 02/91 KAJIMA INTLANATJONAL. INC. 201 CEN7RE PLAZA DR., MON1. PARK 7EMPORARY ACCESS ROAD IJ.774 01/91 CALIF. STATE UNIY. DOM HILLS 1000 E. VICTORIA ST.. CARSON CONCRETE BUS PAD 27,453 05/91 RAWLINGS MECHANICAL CORP. LAPHAM ST.. fl SEGUNDO TRENCH PATCH 2,000 03/91 DINWIODIE CORSI. CO. 1700 GCTTY CENTER DR.. L.A. ROAD CONSTRUCTION 1;8.877 d5/91 ADVANCED MECHANICAL CHLVRON REr.. EL SEGUIIUU TRENCH PATCH 1,75) 0_I/`41 CARNEY SRFOTH£AS. INC. 1200 VISTA DEL MAR. L.A. PAVE TRENCH 12.804 03J91 RAYMOND DOLLAR 1919 SANTA MONICA BLVD. A.C. PATCH 7,240 05/91 SINCLAIR CORP. PRINCESS 6 14 FWY. NEWHALL A.C. PATCH 2.275 05/91 SINCLAIR CORP. 71H 57. ; BELLFLOWER. L.B. A.C. PATCH 2.375 05/91 BURS/GLEN/PASA AIRPORT AUTH. 2627 HOLLYWOOD WAY, BURBANK A.C. PAVING 26,942 05/91 AMERICAN LANDSCAPE CULVER MADISON, CULVER CITY PARKING LOT 107,750 10/91 CITY OF REDONDO BEACH AVE. G 6 PCH, RED. BEACH STREET CONSTRUCTION 99,969 06/91 ADVANCED MECHANICAL 3855 LAKEWOOD BLVD., L.B. TRENCH PATCH 850 05/91 SHEA TAYLOR LAX - BRADLEY TERMINAL MISC. A.C. PATCH 2.000 07/91 JOHN MALLOY EUCLID 6 VARIOUS. FULLERTON TRENCH TAPE 31,1400 06/91 CITY OF SIMI VALLEY SYCAMORE 6 ROYAL STREET REMABILITATION 96,974 07/91 SCHULTZ MECHANICAL 223RD 6 WILMINGTON. CARSON TRENCH PAYE 1,982 07/91 MCC CONSTRUCTION 2531 E. 67TH ST.. N.L.B. A.C. PATCH 1.700 05/91 ADVANCEO MECHANICAL 324 W. EL SEGUNDO BLVD., E.S. A.C. PATCH 2,600 05/91 JPL ROAD "A" RESURFACE S SEAL 13.218 10/91 THL'HS LONG SEACH PIER "G" A.C. PATCH 3.900 07/91 RAWLINGS MECHANICAL 111 NORTHROP AVE.. MAWiHOANE 7RLNCH PATCH 3o003 07/91 BILL ROGERS ORANGE AVE., SIGNAL HILL FINE GRADE AND A.C. PAVE 2,315 07/91 L.A. CO. PUB. WORKS PCH. HARBOR CITY RETAINING WALL 68.669 08/91 ELKS LODGE 4101 I;. WILLOW ST., LONG BEACH INSTALL RIGHT TURN LANE 40,128 08/91 CITY OF LOS ANGELES SOTO ST. 6 6TI1 ST., L.A. TUNNEL CLOSURE 18.369 08/91 HIRES INTEREST 601 SO. FIGUEROA ST., L.A. STREET RESURFACE 17,950 06/91 CALTRANS FAIRFAX AVE. 6 10 FWY., L.A. PARKING LOT 60.713 11/91 CALIF. FAIRS FtNANC. AUTH. 88 FAIR DRIVE, COSTA MESA A.C. PATCHING i RESURFACING 96,669 07/91 CONVERSE ENVIRONMENTAL 1780 CLARK ST., LONG BEACH TRENCH PATCHING 920 07/91 L.A. CO. SANT. DIST. VARIOUS LOCATIONS, TORRANCE STREET PATCHING 4,500 07/91 SCHULTZ MECHANICAL CHEVRON, El SEGUNDO FINE GRADE 6 A.C. PAVE 27,187 07/91 PECK/JOKES NORTHPOINT, HOWARD HUGHES CNTR STREET IMPROVEMENTS 32.400 12/91 —SILVER-SPUR ASSOCIATES . _-. 70O.SILVER SPUR, PALOS-VEROES .--A.G.-PATCK-._-._..-.._.. LEVER BROS. 63" I;. SHEILA ST., L.A. - A.C. REMOVALS 4 REPLACE 64,471 09/91 BUREANK AIRPORT 2627 MOLLY16000D WAY, BURBANK A.C. PATCH 3,000 08/91 PECK/JOKES WILSHIRE 6 RODEO, B.M. A.C. PATCHING 10,000 08/91 CHEMICAL WASTE MANAGEMENT 11559 NORMANDIE, L.A. A.C. SPEED BUMP 1,500 08/91 f {AGENCY 0R OWNER PROJECT LOCATION TYPE OF WORK S -.AMOUNT.- COMPLETE ssafsssssssffsssaassaaasasases■sassesasassf■sssaaasassaf assasasasasaaassesasssasssassssaassassasessssaassfsasssssafsaaass + C.D.I. ELECTRIC, INC. 91 NORTHRUP AVE. HAWTHORNE A/C PATCHING 1,390 08/91 GCI CONSTRUCTION FIRESTONE CENTER. NORWALK A/C PATCHING 1.650 08/91 -FLUOR DANIEL, INC. UNOCAL. WILMINGTON A/C TRENCH PATCHING 16.000 10/91 JPL 4800 OAKGROVE. PASADENA A/C RESURfACE 5,984 08/91 . BELLAMARINE-JEFFERSON H.S. A/C PATCHING PARKING LOT IMPROVEMENTS 7,800 08/91 ARB. INC. 1022 E. SEPULVEDA. CARSON BASE 6 PAVE 52,020 11/91 CITY OF OCEANSIDE STATE TREE DR., OCEANSIDE STREET WIDENING 157,634 11/4)1 CITY Of L.A./DWP ARTESIAN ST. P AVE. 26. L.A. A/C PAVE 7,007 10/91 LBUSD BARION ELEMENTARY PLYGRNO RESURF. 6 CONC. fENCE 284,568 11/91 E 6 R ELECTRICAL 9TH 6 HARBOR FWY. L.A. TRENCH PATCH 7.000 09/91 MOBIL OIL CO. 3700 W. 19OTH. TORRANCE A.C. PAVE 5.145 09/91 JENKIN CONSTRUCTION CO. LAMBERT 6 PUENTE. BREA TRENCH PATCH 7.000 09/91 S1,211110 NJ Colis' .1ICI:OH S/1: CORI:F.P ATIII Q101. S P.V 1RFPCH PAYE 3.767 nq/j1 CITY OF Comm COTA 31. a i"RAIH IlRIVL SILL DEV:LUIYIL111 PRLI,ILCI 1911.843 12/H1 BCI PROSPECT 6 BERYL. RED. BEACH IOEIlCH PATCH 2,000 09/91 G.L. WILKINS. INC. 19234 SATICOY ST., RESEDA TRENCH PAVE 1.590 09/91 ARMSTRONG REFINERY 5037 PATATA ST., SOUTH•CATE (ARKII.G LOT PAVE 7.406 04/91 UNOCAL 1660 W. ANAHEIM GRADE 6 AC PAVE 13.488 09/91 L.A. CO. SARI. DIST. 4125 W. VALLEY BLVD.. WALNUT GRADE L PAVE 224.647 11/91 RAWLINGS MECHANICAL 1 NORTHRUP AVE.. HAWTHORNE TRENCH PATCH 2,000 10/91 CONKEY COMPANIES 2627 HOLLYWOOD WAY. 51I14-RRNK IAXIWAY DRIVE 16,104 11/91 ADVANCED MECHANICAL BUSCH. VAN NUYS TRENCH PAVE 1,200 11/91 ADVANCED MECHANICAL CHEVRON USA, EL SEGUNDO TRENCH PAVE 800 10/91 L.A. CO. SANT. DIST. WORKMAN MILL ROAD, WHITTIER CONCRETE STORAGE PAD 16.169 01/92 SHEA TAYLOR IMPERIAL 6 VISTA DEL MAR, L.A. ROADWAY PAVE 3.500 10/91 L.A. DEPT. Of AIRPORTS TAXIWAY aF". LAX PETR0HA7 14.832 11/91 508 MILL CRANE 201 SO. LAKE ST.. PASADENA TRENCH PATCH 500 I1/91 ADVANCO CONST. DIVISION/BENNETT, L.B. ALLEY RECONSTRUCTION 17,516 12/91 JERKIN CONST. 2650 LIME AVE.. L.B. PARKING LOT PAVE 2.166 li/91 CITY Of CYPRESS CEDAR GLEN PARK PARKING, LOT REPAVE 21,90S 03/92 JERKIN CONST. CHEVRON REFINERY, EL SEGUNDO TRENCH PATCH 5.640 11/91 CMR CONST., INC. MIRAMAR SHERATON HOTEL. S.M. STORM DRAIN SYSTEM 14.280 11/91 RANCHO PALOS VERDES NARCISSA 6 SWEET BAY DR. ROAD REPAIR 2,760 11/91 BRIAN DONALDSON 2201 WILLOW ST., LONG BEACH PARKING LOT PAVE 3,600 11/91 THUMS LONG BEACH PIER J DRILL SITE TRENCH PAVE 2,628 11/91 THUiS LONG BEACH ISLAND CHAFFEE TRENCH PAYE 20,000 01/92 THE P.Q. CORPORATIC19 $401 QUARTZ AVE.. SO. GATE RECONSTRUCT ROADWAY 23,278 12/91 WEST CENTURY IA2 171n-. 14 It. CENTURY. INGLEIMD SfORII DRAIN 2,104) 12/ql MIRON ELECTRIC 4800 OAK GROVE DR., PASADENA TRENCH PAVE. 1,956 01/92 CITY OF INDUSTRY PHOENIX DR. 6 ROBIN WAY A.C. OVERLAY ST. 24,544 01/92 JKB CONST. CO. 3272-3280 MOTOR AVE.. L.A. STREET IMPROVEMENT 38,028 • 12/91 PREFERRED PUBLIC STORAGE 5351 JURUPA ST., ONTARIO SITE DAMAGE REPAIR 27.255 t2/91 LONG BEACH COMM. COLLEGE CLARK 6 CARSON, LONG BEACH SEAL 6 STRIPE 12,500 01/92 LAKEWOOD BATTING CAGES 3901 PARAMOUNT BLVD., LAKEWOOD SEAL 6 STRIPE 2.310 01/92 RANDLE ENTERPRISES 1512 W. 7TH ST., LONG BEACH TRENCH PATCH 7,500 01/92 JOHN HOPPS 1878 TORRANCE BLVD. SEAL 6 STRIPE 3,200 01/92 THLIMS LONG BEACH PIER J TRENCH PAVE 4,000 01/92 EMPIRE PROPERTIES VARIOUS - PATCH PARKING LOT REPAIR 8.029 02/92 GORE DEVELOPMENT ORANGEWOOD CHILDREN'S HOME AC PATCH 1,485 01/92 SCHULTZ MECHANICAL WOOLSEY CANYON RD. - CHATSWORTH POTHOLE PATCHING 3.480 01/92 RAWLINGS MECHANICAL ..- 81 MORT14RUP AVE. HAWTHORNE ...-. ..TRENCH PAVE—_ HOFFMAN ELECTRIC 12723 E. 166TH, CERRITOS TRENCH PATCH 51950- 02/92 GENERAL CONSTRUCTION BERTH 91■ SAN PEDRO TRENCH PATCH 800 02/92 CALEX ENGINEERING 3700 E. SOUTH ST., LAKEWOOO MISCELLANEOUS PAVING 1093 01/92 FLOUR DANIEL UNOCAL REFINERY, WILMINGTON A.C. PATCH 4,500 04/92 HOFFMAN ELECTRIC PCH 6 MAIN ST., HUNT. BEACH TRENCH PATCH 1,700 02/92 GETTY TRUST 138 PALISADES, SANTA MONICA TRENCH PAVE 625 04/92 SO. PACIFIC TRANSP. CO. 2850 KERR ST., L.A. ROAD REPAIR 4.138 03/92 ` STATEMENT OF EXPERIENCE •` 6ENCY OK' OUWER PROJECT LOCATION TYPE OF WORK i- AMOUNT .COMPLETE .s /assu srrs�ssssu saaaseassrwa■ssserraassaaaarsrrasssssarsa os■s userasssareraassro wrsrraaswrsssarrr ns wwsaasw srassras iOFFMAN ELECTRIC L.B. NAVAL SHIYPYARO TRENCH PATCH 893 02/92 4ORLEY CONST. CO. CANOGA e OXNARD, L.A. TRENCH PATCH 1.125 03/92 WEAICAN AIRLINES 7000 WORLO WAY WEST. L.A. PCC PAVE 15.155 04/92 PET PROPULSION LABORATORY 4800 OAK GROVE, PASADENA TRENCH PATCH 1.260 03/92 PLUMBING SYSUMS INC. 21ST ST. Q CHERRY AVE., S.H. TRENCH PATCH $00 03/92 I.W. STEPHENSON PIER F/BERTH 2O6. LONG BEACH SITE PAYE 5.122 03/92 iUHITOMO BANK OF CALIF. 11j45 OLYMPIC BLVD., L.A. PATCH. SEAL 6 STRIPE 5429 04/92 IILLIA14 ROGERS 1250 E. SECOND ST., L.B. PARKING LOT 5:205 04/92 ;TO CORPORATION NEECE & 42k0 ST., TORRANCE RECONSTRUCT ROAD 14.713 04/92 .1 IkRtifttl�#t!4!t!#i1i44l44tt!lliti4#Atltlllt#tttkRRtRRtttt4tittltltitt4#ltttttt!!t#t!!tlAttlRtttlk!##Al1tRk#t1iA#RAtitkttt!#ttttttttt • D}}T 1, •• JOB 1902 LIST I5-1o�-90 titi##41tt#t#ttfttt!!l4itttlttktt4!##!!!4tlt#At#t#t#!#tAttiit##ttt!lRtt#!ttltlktt##ttltlttRtkttttttflt!!litttlttttlti4####At###iAtttf CONTRACT CONTRACT PERCEIT EATS JOB# OWNER LOCATION CITT AXOUAT COMPLETED tittit 8r3i196 11/01196 2970 LACPW3 STOCIER ST LA 135.807 at 1110119E 2969 AT I SF RAILWAT CC 6300 E. SHEILA ST COMMERCE 57.121 It 10129196 2963 BALDWIN PAII. CIO BALDWIN PART BLVD BALDWIN PAII 406.711 01 10125196 2967 II11I17 COSST 28I8 BUTLER ST LYXWOOD 10.753 at 10125190 2966 1E''ALL ILICTRIC, INC. 5981 VIEICI CULVIR CITT 3.700' 09 10/24196 I965 NUBABI. INC. 101 HILLS !TALL CULVER CITY 397.000 0t 10/21196 2961 $O PACIFIC BLOOMFIELD AVE CERRITOS 14.030 at 10122/96 2963 GRIGG DRILLING i TESTING- GAVIOTA ST SIGNAL BILL 20.413 at 10/22196 296E AEIHA CORP 3171 A. GAFFII SAI PEDRD 39,574 It 10118/96 MI. $0 PACIFIC PACIFIC I IAIDOLPI BUITINGTON PARI 8.968 at 16/17196 2960 IAIS12 PERM.AIEITE I1I00 BELLFLOVER DOWNEY 111.604 at 1D116196 2959 CT I F. INC IOCIYALI I BASRLIIB AZUSA 6.252 01 10116196 2958 DALCII CUMMIIOS ASSOC 21 11ASBINGTON BLVD VENICE 15,165 0t 10115196 2957 BUENA PAII, CIO $?Alto# All 17T8 ST BUINA PAII 1,601,325 0t 1011519E 2956 INDUSTRY. CIO ARINTH AVE INDUSTRY 184,925 01 10110196 2955 911VIISAL PIPELINE 11079 I CEITIAL LA 5.138 at 1010919E 2954 UCLA POITALO DR LA 9.794 81 10108196 2953 UNIT COSTT 20945 S. VILKIIGtOI CANSON 4.833 Ot 1010519E 295I OIL OPERATORS 3213 ST SIGNAL BILL 33.620 at 10107/96 _ 2951 MACI11C3 811STOL CENTER SANTA ANA 1.550 of 1010319E 295D SPRI STATIIBOYLI BUITIlilol PART 7,758 at 10/02/96 2949 LOS AIGILES. CIO 18I13 ST. LA 756.557 at 10102/96 2948 LA BARRA. CIO VARIOUS STREETS LA HABIA 269,635 0t 03130196 2917 BCI LOUISE I BULLIS LIIWOOD 2.400 at 09130196 294E BURBAII. CIO BOLLT1430D WAY BURBANK 311.201 01 03127196 2945 RAISER FOUIDATION HEALTH PLAN 1733 SUNSET BLVD LA 1,15D at 09/26/96 2911 MESA CONSTRUCTION 1101 GAFFEY ST SAN PEDRO 8.616 01 05125/96 2943 ELICTRO COSST. CORP K.L. II13 I VERMONT LA I0.149 0t 09/25196 2912 HATT COPS? CORP 3390 HARSJR BLVD COSTA MESA 3.000 at 0911419E 2941 LOS AlsaaES. C10 12011 ST LA 1.848.139 0t 05120/96 2940 10%k1N CONS? CO ULTRAMAR III ifILHIIGTOI 15,000 at 09116196 2939 CERRITOS. C10 BLOOMFIELD AVE CEIRITOS 833.938 at 09/17/96 2938 ABBAS EAZEIA HAWHTORIE BLT3 L.0 ALE 10.980 at 03117196 2337 KAISER FOUIJATIOI HEALTH PLAN 5971 TRUCE BLVD LA 12.231 0t 01117156 293E MATT COSST CORP OLYMPIC BLVD LA 124.036 0t 09117/96 2935 US DEPT OF JUSTICE 2001 SIASIK SAN PEDRO 7.118 It 09117196 2934 REHMANA COSST CO UIOCAL CARSON 18.614 at 09117196 2933 CT I F. INC. MISSION I ENCINITAS ROSEMEAD 6.160 0t 09111130 2932 RUDOLPH I SLETTIN. INC 10201 W. PICO LA 5.514 at 09116196 2931 LOS ANGELES. C/O ADAMS BLVD LA 96,575 at 09113196 2930 D11VID3I1 COAST CO 10170 GALAIY WAY LA 21.093 0t 0910519E 2929 SO PACIFIC CEIRITOS AVE AIAHEIM 5.000 Ot 09104196 2528 CULVER CITY. CIO SEPULVEDA BLVD CULVER CITY 1,483.925 0t 03129/96 23I7 COMMUNITY FINCE INC. LA COLISEUM LA 2.261 371 03128/96 29I6 CT I F. III- FOOTHILL LA CANADA FLIITRIDGE 10,803 01 0812719E 2125 AYILCD CSU LONG BEACH LB 8,000 30i 03127196 2924 ADVANCED MECHANICAL 3200 N. 297H SIGNAL BILL SOO III 03/21/96 2923 LAUSO CEARIOCI RD SCHOOL LA 131.78E it 08/26196 2922 LAUSD IICHLAAD AVE LA 143.786 it 08123196 2121 PALISADES PRIDI. INC. SWARTHMORE AVE PACIFIC PALISADES 335.557 it 03122196 2520 SO PACIFIC 17100FF I CAIJGA LA 11.069 501 0812119E 2918 MATT COAST CO 250 SO ROSSMORE LA 3,565 311 0812019E 2917 P0910 COSST COMPANY NORRIS CANCER HOSPITAL LA 4.818 01 tttilt�i�lt!!ltltfAftRA!!tt!ltttttltAltlAAtAttlAtA!#Ali!!!iA!llRktfAR!!!!!!!!tf!!tt!!t!!t#!#t!!#AkAkAtftltltttlttltitttit!!!#tl3t!!tA a NON 2 ' " JOB NUMBER LIST 25-137-96 t##tt!!t!!tt!!!tltttAtltfAltAAkfAtlRtltl!!tltiiltt!ltlt!ltltttttttltttti#R##tt!!!tltttliltltttlAARAtkt!!!!RAltltftii#R!!#!tR##tt#lilt CONTRACT CONTRACT PERCENT -DATE JOBt OWNER LOCATION CITY A.KOUNT COMPLETED ------------------------------------------------------ t*Mt ---------------------------------------------------------------------------------------- 8131190 08/19196 2916 PANG1031 PLCM3I14 FOE STUDIO LA 1.400 1001 08114196 2915 1fWD 2300 Pi DR ROLLING HILLS 51111 01 08113196 I914 DS NAVY 800 SEAL BEACB BLVD SEAL BEACH 7.000 151 08107/96 2913 TORIANCE. C10 VARIOUS LOCATION TCRRANCE 500,419 31 08105/96 2911 CALTIA13 PCH SANTA MONICA 599,775 It 08/01/96 2910 LACPW CRITRAILIA ST LA 122,492 1t 07/30/96 2908 CALTRANS ROSEMEAD BLVD TEMPLE CITY 23,091 11 07/29196 2907 COAST COMMJAITI COLLEGE DIST GOLDEN WEST COLLEGE HUNTINGTON BEACH 110.400 201 07118196 2505 CULVER CITI. C10 WARNER PAREINJ LOT CULVER CITI 137,104 311 07117/96 2904 PORT OF LA EARLE ST. REALIGNMENT LA 797►100 01 07/17196 2903 SPRR SANTA FE 1 RANDOLPH HUNTINGTON PARK 6.726 1001 07116195 2502 MATT CONSTRUCTION BRENTWOOD CIRCLE GATE LA 109,55E 251 07112/96 2901 SCE I101 E. PCG WILMINGTON 57.800 '921 61112196 2900 L033 BEACH. CIO CARSON ST LB 399,665 21 07112156 2399 LONG BEACH. C/O ATLANTIC AVE LB 229.840 11 07110196 289E ARBORETUM DEVELOPMENT OLTMPIC i CLOYERFIELD SANTA MONICA 83,447 971 07109196 2397 PEPPER CONSTRUCTION NEWTON AREA POLICE STATION 11WTON 26.714 831 07108196 2895 LA. C10 ALLEYS W10 CENTRE ST LA 220,668 i1 07//5196 2894 LAOSD VARIOUS LOCATIONS LA 1 01 07103196 2893 SANTA CLARITA. C10 1570 1 WALNUT SANTA CLAIITA 253.125 it 07102196 2891 HIDDEN HILLS, C/O ROUND MEADOW BD BIDDEN HILLS 73.221 601 07/01196 2889 LAUSD CARSON SCHOOL CARSON 86,494 891 07/01196 2388 CALIF DIY OF STATE ARCHITECT DM7 FULLERTON FULLERTON 121.290 11 07101196 2887 LACPW STUDEBAKER ROAD LA 163,353 31 06121196 2831 PASADENA. CIO VARIOUS LOCATIONS PASADENA 1.569.386 121 06121196 2882 WEST ROLLYWJOD. CIO ST. REHAB. VARIOUS LOCATIC13 WEST HOLLYWOOD 286.964 11 06124196 2881 LOMITA. CIO 24102 ESRRLFAN AVE LOMITA 178.480 231 01/21/95 2880 LACPW IATIGO CYN. RD MALIBU 673,853 11 C6121196 2879 ANAHEIM. C/O IMPERIAL BWI ANAHEIM 342,712 861 06/21196 2878 LACPW 120TH ST • WILLOWBROOK 381,741 231 06118196 2877 CERRITOS. CIO 166TH ST IK?VTS CERRITOS 519.919 321 06/17/96 2876 GLEN10ORA. C/O CARTER DR. ET AL GLENDORA 63,697 961 06117196 2375 MCCA1111 PACIFIC DIVISIO1 4101 70RHAICE BLVD TORRANCE 2:392 1601 06117196 2874 CULYEI CITY. CIO JEFFENSOA BLVD COLVEI CITY 317.729 981 06/14/96 2873 CYPRESS. C/O VARIOUS LOCATIONS CIPRESS 341.701 811 06114196 2872 CYPRESS. CIO STATION CHA111L1 BIKE T2AIL CYPRESS 8.828 11 06111196 2869 011VIDDIZ CONSTRUCTION CHURCH LANs LA 40.593 951 06110196 2868 MONROVIA. C/O VARIOUS LOCATIONS 030VIA 214,938 991 06110196 2867 DINVIDDIE CONSTRUCTION SEPULVEDA I GETTI CENTER LA 32.255 701 05/07196 2866 MATT COISTRUC1101 SUNSET AT BRENTWOOD LA 51000 391 06/04196 2864 LA DEPT OF AIRPORTS VAN JOYS AIRPORTS VAN NUYS 1.0611851 1001 06101195 I861 BEST GROUP. INC. 14411 CABRITO RD PAIORAM.A 191.280 01 05103/96 2861 LAWNDALE. CIO VARIOUS LOCATIONS LAWNDALE 73.300 911 06103196 2360 SIGNAL HILL, CIO CALIF 1 SPRING SIGNAL BILL T1M 981 05131196 2858 POMJNA. CIO VARIOUS LOCATIONS POMJ3A 728.877 11 05123196 1854 DINWICCIE COAST E.L.A. ALLEYS ET AL LA 269.143 931 05122/96 2853 DINWIDDI6 COAST 10201 W. PICO LA 20.723 731 05122/96 2852 CYPRESS. CIO CRESCENT AVE CYPRESS 74,171 311 05120195 2351 CALTRAIS G.G. FWY VARIOUS CITIES GARDEN GROVE 328,095 971 05117196 2819 MATT CONS? RIVERSIDa1HOLLTWOOD BU2BA1K -35,166 1001 05117196 2847 LUNG BEACH. C/O ORANGE AVE LB 326,979 931 05/16196 2812 GARDENA. CIO ROSECRA3S 1 WESTERN GARDENA 171.083 981 rretrtjr::irtr►►rt:►r►tritrrrt►ttet►t►ricti:►►irr:t►ti:r►rr►►rttitttttitittttiit u►►tirtttritititiittiiitrrtttiritititirrttretttti►rr PAE;3 JOB NUMBER LIST I5—Nov-96 t►►tt:ttttr::r►rettetettettititrtirtt:ititt:tiitriitcitt:tettttetterttttettttiitcirittii:uttitttitett:tttttctectitctitcttttttrt:titt CONTRACT HATE JOB1 OWIER itittt 051I619c 2841 GARDEIA. C1O 05113/96 2838 LOIOLA KARMOUNT UIIV 05/13156 2837 LAUSD 05113196 2836 CALTEANS 05110195 2833 LONG BEACH. C/O 05103/96 2331 LAUSD 04124196 2820 CHABLIS PANKOW BUILDERS 01/23/96 2318 LOS ANGELES. C10 04116196 2812 CTIF. INC. 04/09196 2897 DOWNEY. C10 04108196 2806 MATT CONSTRUCTION 04105/96 2SO5 30 PACIFIC RAILROAD 04101/96 2803 POLIO 03/25195 2798 HUITINGION BEACH, C/O 03/10/96 2195 DOV111. C/0 03119196 2791 SO PACIFIC RAILROAD 02116196 2783 DIIWIDDIE COIST CO 02/14/96 2177 US POSTAL SERVICE 02106196 2172 LOS ANGELES, C/O 01130/96 1770 GARDEN GROVE. C/O 01/16196 2765 LOS ANGELES. C10 OI108196 1756 LOS ANGELES. C/O 01103196 2755 KATI CONSTRUCTION CORP 12105195 2710 LACPW) 12/04/95 2739 LACRA 11127/95 2735 INGLEWOOD. C/O 11127/95 2731 SEARS 11120195 2732' CHARLES PANKOW BUILDERS 11103195 2124 SPRR 10/26195 2718 CSA CONSTRUCTORS 10/05195 2711 LA. C/O 10/01195 2709 LA. C/O 09/25195 2705 LA. CIO 09111195 2695 LB. C/O 6121195 2585 GLENCALE. CIO 08I14195 1680 LOS ANGELES. CIO 081I1195 2678 SAN FERNANDO. CIO 03/99/95 2675 1111VIDD1E C093T 07/10195 2557 BAT WILSON COMPANY 05119/95 1618 CALTEANS 06105195 2626 CALTEANS 03120195 2576 CALTEANS 02/09/95 7555 PORT OF LA OI109195 2554 LALPW 01130195 2546 S0. PACIFIC LINES 01111/95 2543 CHABLIS PAIKOV BUILDERS I1101194 2495 LA BOARO PEISIOS COKMISSION 06/23191 2129 LA. C/O 06120194 2427 LB. C/O 06113/94 2121 LACDPV 03107/91 2360 JOBS T. FRICKE 61165/94 2325 CALTEANS 10126153 2281 LOS ANGELES, CIO 06112192 I033 LACDPW 11126191 1937. DINWIDDIE CONST CO LOCATION ROSECRA!IS I PABN3SS MANCHESTER I LINCOLN POMELO DR SCHOOL PCH DEL AMO BLVD CLIVILAND HIGH SC300L GLENDALI GALLARIA HARBOR DIST ACCESS RAKPS fl OLIMPIC BLVD FIRESTONE I PARAMOUNT MOBIL REFINERY ALAMEDA AT CARSON 262 S. LAKE ST VARIOOS'ST. DOLAN Aft DOLAN I FIRISTONE 1201 V. PICO 11031 V. JIFFERSON VERMONT AVE 19CLID ST 6 GARDEN GROVE BL PARKING LOT 1741 EAITBOUAKI RPI BAHI I OLYMP DISNEI STUDIO ALTLAITIC BLVD 1ST ST., iLITTLE TOKY01 11801 VITAE 302 COLORADO ATE UNION GATEWAY CENTER VALLEY I TEMPLE LAX WORLD WAY WEST FOI STREET BRANFORD I GLENOAKS 182ID ST 36TH ST I INDUSTIY AYE VIS STIEETS COLDiiAT6R hl TRUMAI ST SIPULVEDA 4 405 F47 ACIEEMAN I IERIBOFF SANTA KONICA Fill RAMP WIDENING 405 FWI RTE 9I1110 SEPERA107-110294 VARIOUS LOCATIONS VIA DEL M3ITE 22OTa ST 729 N. VIGNES ST. PARK PLAIA WGODMAI AVB. LB AIRPORT BEVERLY BLVD. GARDEN GROVE BLVD FIARBLOSSOM 841 BUTTON VAT IAHBOZ-031111 BEACH 1200 GETTY CENTER DR CITY CONTRACT PERCENT AMOUNT COMPLETED 8131196 GARDENA 564.217 1001 LA 228,525 961 CANOGA PARK 34.100 991 LA 591,415 931 LB 211.481 991 RESEDI: 314,345 101 GLBIDALE 12,950 851 LA 65.990 981 BEVERLY HILLS 21,700 01 DOi1NEY 7,027 251 TORRANCE 141,501 991 CARSON 41168 01 LA 10,361 991 HUNTINvTON BEACH 692,281 991 DOWIEY 4,310 961 DOWNEY 46,058 751 LA 10,293 1001 IIGLIV30D 111.716 851 LA 6071461 791 VD GARDEN GROVE 364,225 971 LA 121,289 871 IC LA 96,718 11 BURBANK 21,900 931 LA 178,118 I001 LA 711.950 971 INGLEWOOD 1.328.122 991 SANTA KONICA 141.259 931 LA 57D.000 991 POMONA 13.561 01 LA 13,501 1001 LA 81,829 1001 SUN VALLI 138,113 1001 LA 76.561 911 LB 614.650 1001 GLENDALE 2.320.115 991 HOLLYWOOD 24.601 1001 SAN FERNANDO 327,485 I001 LA 364.566 1001 LA 12.168 1001 SANTA 01CA 304.109 991 I13LEiI30D 237.197 1001 GARDENA 10,241.181 801 SAN PEOBOIWILMIIGTON 814.275 1001 PV ESTATE 684.675 loci CARSOI 14,700 01 LA 2.981.307 971 SAN PEDRO 53.786 991 LA 1.161.907 1001 LB 2.714.028 1001 MONTEBELLO 1.358.055 1001 GARDEN GROVE .19,368 1001 ESCONDIDO 1.078.969 911 LA 1.357.164 1001 LA 833.321 1001 LA 192.375 100i EXCEL PAVING COMPANY 2230 Larson Avenue 1 LONG BEACH, CAUFORNIA 80W6 T0: City of Huntington Beach City Clerk 2nd Floor 2000 Main Street Huntington Beach CA r u "►'`- �a ENCLOSED a16- aC3 x N ' s aC 7 2, 1997 @ 4:00 SECTION C PROPOSAL for the PIER PLAZA Coastal Side of Pacific Coast Highway from First Street to Seventh Street CASH CONTRACT No. 1029 in the TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNT INGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and s incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the 180 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted t6-. award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or Jump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are 'solely ; for the purpose of comparing bias and that final compensation under the contract will be based upon the actual work satisfactorily completed. THE AGENCY RESERVES THE RIGHT. TO DELETE ANY ITEM FROM THE CON- C-1 TRACT. 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 readverdse 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 fling the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $10 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash% "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No.': x:=.-. Date Received &d&r'sSlgnaturi 3 C-2 r PROJECT BID SCHEDULE Item Estimated Item with unit price written in words Unit Price Extended Amount No. Quantity I L.S. Pier Plaza inclusive of all project work ® I-iye M,'i/; W_,J - - f✓1 S+ �t/7 (/K sl r a.l ��e_ 7�7�-cif fo�i - S a.,.r��Dollart �7 �%ifl Cents s S �3 ff O o... $ SP38,'OGr,� o TOTAL AMOUNT BID IN FIGURI~S: $ ' oo 3 8" 0 0 0. o O TOTAL AMOUNT E.J IN WORDS: �!✓e Nil/licn �iy 4Undry 70LIi-e%/k;l 7` 01,Sas4_e/ t 1- r4 00/1" bo 11aA_0 Item No.. Description Unit Price Extended Amount A. Deduct Alternate #One Masonry sand walls to replace pre -cast concrete sand walls. D o0i�, 00 s lv D, O OO. o0 Item Description Unit Price Extended]ArwuntNo: B. Deduct Alternate #Two Masonry Walls in parldng areas to replace poured -in place_�%DO concrete walls in parking arcs. : . _.. Unit Price Extended Amount rFription ct Alternate ; nuft room/Concession Building s 3G o too. D d S_ 0 DOoi00 item Description :.. Unit Price Extended Amount No. , D. Deduct Alternate #Four Delete walls. / = 12� �i �� aJ,, s 3 3, 3 va oc precast concrete sand C-Is LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said Contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of work Name of Subcontractor and Address.: State License Number Class Cir"riS be%ta.WrCrwsfr►e 1 140 ;be$�s\�S�prLi�lO:tr7 Fv rlr rr..0 R p 7 p G�/ �ll ! .P &/ - / / ✓i r' r lei A s on r 116 7 Z- %/ 7 CH,g/rusii'+►q LOB /Qnl�r/rS��f T7��� L ! g n A iy�it} C q p�IG0 W;•( !.v Dry t•a�ti /Fleciricw �C��/D -I . ,. �r�v �L�!'/�Jar; r C/T n !nJ 1 L�ill�ht y,{ac�i�i•c VL/PS�irn �pViNy •'/frnrOe/IQ �/% C11 *72-96 %O By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished Copies of all subcontracts entered into and bonds ` furnished by subcontractor for this project. C-3 PIER PLAZA HUNTINGTON BEACH BID DATE: 03/10/97 GENERAL CONTRACTOR: MALLCRAFT, INC. SUBCONTRACTOR LISTING; WORK TO BE PERFORMED SUBCONT.[CITY LICENSE f. & CLASS 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27._ 28. C 30-- NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBM"MI) 1VM1 BID State of California 4� County of Orange S . E. Pappas , being first duly sworn, deposes and says that he or she is Vice President of Mallcraft 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. Mallcraft, Inc. Name of Bidder Signature of Bidder POst Off It _Rnx CA_ Q1 }0g Address of Bidder Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC C-4 NOTARY SEAL r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On March 12, 1997 DATE before me, Margareta T. Hierl, Notary Public r NAAW_ TITLE OF OFFICER . E.G.,-AK WE. NOTARY KMJC- No. 5907 personally appeared s . E . Panoas _ , ► WE(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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(§) on the instrument the person(s), VARGARETA T. EIIERL 0 4 COMM. ;t I045803 � NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY MAY COMMISSION EXPIRES DEC. 9, 1998 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS :m2yhan;d amend offici I-s al. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER Vice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDtANWNSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) _ Mallcraft, Inc. DESCRIPTION OF ATTACHED DOCUMENT Noncollusion Affidavit TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 82W Remroet Ave., P.O. Box 7184 + Canoga Park, CA 91309-7184 UTILITY AGREEMENT HONORABLE 1%IAYOR AND CITY COUNCIL CITY OF HUN-MGTON BEACH, CALIFORNIA Gentlemen; The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PIER PLAZA, (f)(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 S, 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' March 12. 1997 Mallcraft, Inc. Contractor By S. E. Pappas Vice President Title C-5 DISQUALIFICATION QUF.MONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: Hate: 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. Mallcraft. Inc. Contractor A. E- By S. E. Pappas Title C7 Vice President UNDERGROUND SERVICE ALERT IDEh"TMCATION 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 421614217 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 1.8W422-4133 a minimum of two wortdng days before scheduled excavation. Dig Alert McWication 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-8 BIDDER'S INFORNUTION BIDDER certifies that the following information is true and correct: _ Mallcraft, Inc. Bidder Name Post. Office Box 91983 Business Address PAsadena, CA 91109-1983 8( 18 398-3598 Telephone Number 243131 A, B. ASB, HAZ State Contractor's License No. and Class 6/21/66 Original Date Issued 9/30/97 Expiration Date The work site was inspected by _Mflcg Ran 3;of our office on _ 2/27/97 , 1997 The following are persons, firms, and corporations having a principal interest in this proposal: G. L. Fishbein S. E. Pappas M� President Vice President/Secretary The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Mallcraft, Inc. -- A -1 & Signature of Bidder S. E._Pappas Printed or Typed Signature Post Office Box 212a3,1109-1983 Address of Bidder 8( 18 ) 398-3598 Telephone Number Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC NOTARY SEAL C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of Los Angeles On March _12, 1997 _ before me, Margareta T. Hierl, Notary Public DATE NAME. TITLE OF OFFICER . E.G.. JANE DOE. NOTARY PUBLIC' No. 5907 personally appeared S. E. Pappas NAMES) OF SIGNERS) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sign ature(s) on the instrument the person(s), ] iAARGARETA T. HIERL N COMM. z` 1^d5S03 � NOTARYPUBLIC-CR!)FORNIA ORANGE COUNTY MY COWSSION EXPIRES DEC. 9, 1998 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official eal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER Vice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER 1S REPRESENTING: NAME OF PERSON(5) OR ENTRY(IES) Mallcraft, Inc. SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave, P.O.6Ox 7184 -Canoga Park, CA 9=9-M4 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. See attached job listing Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address Name and Telephone No. of Project Manager: ( l Contract Amount Type of Work Date Completed C-11 01131/97' MALLCRAFT, INC. JOB LISTING JOB # DESCRIPTION AMOUNT COMPLETION OWNER CONTACT PHONE ARCHITECT DATE 502 --- -- -- --------------------------------------------------_.._-___------------------------------------ SIGNAGE & GRAPHICS FOR PCHC - 80,560 01/97 CITY OF PASADENA DARRIN SHAH 818 683-6748 501 BUS INTERIOR CLEANING SYS. DIV#5 / 260,000 99% MTA WAYNE OKUBO 213 922-1064 499 ELEC./TELECOM. INFRA. UPGRADE 3,052,580 74% TRUSTEES JAY JEFFERSON 310 985-9463 PSI 498 RE -ROOF STEVENSON HALL, SONOMA -- 279,800 10/07/96 SONOMA STATE UNIV. RUTH MCDONNELL 707 664-2139 REVISED CONTRACT 302,713 497 RECON. OF ENGINEERING BLDG. 1 5,350,000 40% TRUSTEES MARY SOSA 818 885-5301 DMJM 496 RE -ROOF KITCHEN II, CAMARILLO _-• 237,000 02/03/97 D.S.A. REGGIE 213 897-3218 DSA 495 U.S. Courthouse, L.A. Y 494,861 45% G.S.A. Les Yamagata (415)744-5579 GSA 494 Pasadena Community Health _ 3,650,000 02/97 City of Pasadena Darren Shah (818)683-6748 CHCG Architects Center - Renovation 4,094,200 493 Banning Museum 58,500 11/31/95 Recreation & Parks Armando De La 0 213 485-5671 REC & PARKS 62,000 492 MTA Div. 8 & 15 ✓r 1,200,000 07/96 MTA John Joyce 213 972-4724 REVISED CONTRACT 1,276,754 -491 'LAC+USC MEDICAL-"CTR 1,303,000 07/02/96 County of L.A. Henry Yee 213 738-2206 Utility Demo/Relocation 1,972,665 490 Rawlings Reservoir 415,847 09/18/95 City of Tustin Gary Veeh 714 573-3375 Robert Bein, William 441,937 Frost & Assoc. 489 Greek Theatre 1,587,000 07/17/96 Recreation & Parks Kathleen Chen 213 485-5671 Rec & Parks Revised Contract 2,150,091 488 Alpine Recreation Center 1,870,000 02/97 Recreation & Parks Ralph Lew 213 485-5671 Rec & Parks 487„ EDD, Inglewood 1,638,000 02/09/96 state of Calif. Brad Tibbs 916 322-2872 OSA Revised contract 1,783,830 -486'-Ontario/S.D. Range Conversion 432,000 07/95 state of Calif. Brad Tibbs 916 322-2872 OSA Revised Contract 430,996 485 various Army Reserve Centers 1,312,250 10/01/94 U. S. Army Ron Lenhardt 909 981-5571 Revised Contract 1,373,358 _483___ Long Beach water Treatment'. 830,900 12/94 City of Long Pete Hardy 310 426-5951 Montgomery Watson Plant 882,674 Beach 818 796-9141 .SOB #i # DESCRIPTION I AMOUNT COMPLETION OWNER CONTACT PHONE DATE ------------------ 482 ------------------------------------------------------------------------------------------------------- Seismic Repairs, EDD Modesto' 280,000 08/94 State of Calif. Brad Tibbs 916 322-2872 481 seismic Repairs, EDD Sacramento 480 Seismic Repairs, EDD Pasadena 477 Elementary School Relocation 2,890,000 02/94 U.C.L.A. Regents Terry Lysek 310 312-1550 Revised contract 3,374,029 Lehrer McGovern 476 Bid Package 11, Delano Pris. 1,388,000 12/92 Dept. of Correc. Dennis shearer 805 721-2101 Revised contract 1,543,231 475 Laboratory Facility, Pomona 1,185,000 11/93 Trustees of Univ. George Owen 310 985-9473 Revised contract 1,226,781 474 Utilities I & II, Pomona 4,120,000 11/93 Trustees of Univ. George Owen 310 985-9473 Revised contract 4,293,571 472 Chino Hens Prison 2,387,000 05/94 state of Calif. Bernie Novotny 714 597-3883 Revised contract 2,758,488 471 Harbor City Rec. Center 1,640,800 06/92 City of L.A. Ralph Lew 213 485-5671 Revised contract 1,741,284 470 satellite student Union,Csurf 3,358,740 21/91 Trustees of Univ Cliff Hahn 310 985-9481 Revised contract 3,669,242 469 shatto Recreation Center 1,743,035 11/91 City of L.A. Ralph Lew 213 485-5671 Revised contract 1,894,847 _468 _ D.M.V.,.Santa.Ana 572,000 01/90 State of Calif. Fred DeDen 213 620-4544 Revised contract 635,027 467 Desert sands Park 4,235,500 11/91 City of Palmdale Doug Dykhouse 805 273-3162 Revised contract 4,544,275 466 Hillel - grading 300,000 04/90 Hillel Hebrew Aca Rabbi Gottesman 213 272-1937 Cost plus contract -actual 235,282 465 Hillel - demo Same as above 464 Hillel - Build/Parking Str. 6,200,000 06/91 Same as above Cost plus contract -actual 6,140,690 463 Metro State Hospital 8,878,000 04/91 State of Calif. Mike Courtney 916 322-7034 Revised contract 9,579,000 460 Fenner Canyon Camp 1,846,000 09/90 state of Calif. Fred DeDen 213 620-4544 Revised contract 1,918,442 459 sheriff Intake Release Cent 3,864,800 01/90 county of orange Burdette Pulver 714 567-5078 Revised contract 4,437,955 ARCHITECT OSA Barton Phelps 213 934-8615 DM.7M Dougherty 6 Dough 714 720-0720 Montgomery Eng. 818 796-9141 OSA-Katherine O'Shea 916 323-4190 Dept. Rec i Parks Neptune Thomas 213 25$-1401 Ehrlich Arch. 213 399-7711 OSA Purkiss Rose 724 871-3638 Harshad Patel 213 286-2400 OPDM - Dave Yedor 213 929-8466 OSA JOB# DESCRIPTION AMOUNT COMPLETION OWNER CONTACT PHONE ARCHITECT --------------------------------------------------------------------------..-------------------------------------------------------------------------------- 458 Birdview Avenue, Malibu 197,256 10/87 county of L.A. 818 458-5100 Revised contract 198,882 457 D.M.V., Los Angeles 2,978,578 10/86 state of Calif. Fred DeDen 213 620-4544 OSA Revised contract 3,038,957 456 Beverly Hills Fire Facility' 8,412,300 12/87 City of B. H. Mel 01dem 213 550-4899 A.C.Martin Revised contract 8,778,245 455 Residence Halls, Long Beachj 5,491,390 06/87 Trustee of univ. Cliff Hahn 310 985-9481 Neptune Thomas Revised contract 5,629,341 213 255-1401 452 Ramona Junior High school 5,817,900 06186 Ramona Unified sch. 619 789-1010 sillman/wyman Revised contract 5,904,556 451 Estates Elementary school 2,667,142 06/85 same as above Revised contract 2,774,242 444 — Flintridge Prep school 1,693,998 06/86 Flintridge Prep John McCarthy 818 790-1178 Flewelling Revised contract 2,163,102 and Moody 440- S.M. Bus Facility/Parking St. 7,420,000 06/86 City of S. M. Stan Scholl 213 343-9975 Kappe/Lottery - Revised contract 8,434,127 -435 van Nuys State Office Bldg' 14,654,614 12/84 state of Calif. Fred DeDen 213 620-4544 OSA Parking Structure Revised Contracts: 14,906,084 432 _.Glenn Anderson Park 1,346,600 11/82 City of Redondo Beach/ John Held 213 372-1171 5atto/Sullivan 431 Griffith Park 464,861 02/83 City of L.A. Ralph Lew 429 Shoreline Park 9,839,600 04/84 City of Long Beach Lloyd Jenkins 213 590-6382 428 SCRTD 9,809,335 11/82 SCRTD Elmo Douglass 213 972-4723 Albert C. Martin PIER PLAZA PROJECT CAST] CON•TRAcr 1029 ADDENDUM NUMBER 1 March 3, 1997 3. Change Construction Note C33 to read: " APPLY 7/8 INCH THICK PORTLAND CEMENT PLASTER OVER PAPER BACKED LATH. SEE SPEC. SEC. 09200 ". 4. Change Construction Note C48 to read: " INSTALL'VEFO, INC.' EPS FOAM FASCIA. SEE DETAIL 3/A-6 AND SPEC. SEC. 06600 ". 5. Change the roof hatch call out on Detail I S/A-6 to read: " BILCO STAINLESS STEEL ROOF HATCH ". All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the Engineer's Estimate nor the Bid Opening datettime for this project. Should you have any questions regarding this Addendum Number 1, please call me at (714) 375-5078. Dougl . Stack, P.E. Associate Civil Engineer This is to acknowledge receipt and review of Addendum Number 1, dated March 3, 1997. It is understood that the revisions discussed and outlined in this Addendum shall be included in the project bid documents. I Mallcraft, Inc. jCompany Name By S. E. Pappas, V.P. Date W24096.01 Page 2 • Mallcraft, Inc. Post Office Box 91983 Pasadena, CA 91109-1983 I �iCE�Yf i� OF C'L;`. City of Huntington Beach Office of the City Clerk Second Floor 2000 Main Street Huntington Beach, CA 92648 SEALED BID. Project Pier Plaza Cash Contract No. 1029 Bid date: March 12, 1996 @4:00 City of Huntington Beach - DO hOT OPEN WITH REGULAR MAIL r ku SECTION C PROPOSAL for the PIER PLAZA Coastal Side of Pacific Coast Highway from First Street to Seventh Street CASH CONTRACT No. 1029 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the 180 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or Iump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CON- C-1 TRACT. 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, fiindBidder's Bnnd in the amount of $ 10% which said amount is not less than 10% of the a�regate 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: C-2 w PROJECT BID SCHEDULE Item No. Estimated_ Quantity Item with unit price written in words Unit Price - Extended Amount 1 L.S. Pia Plaza inclusive of all project work ---I C E .A _ tM v[.4 Q1- h L;-A�o �t--41_ Dollars u��.� •1 Cents $ S9 �jd TOTAL AMOUNT BID IN FIGURES: TOTAL AMOUNT DID IN WORDS: ua 6y +aotti `rt-c , S 1� w" t .. 9 Description UnitPrice Extended Amount r Deduct Alternate #'One Masonry sand walls to replace pre -cast concrete sand walls. S S - o0 Item Description Unit Price Extended Amount No. B. Deduct Alternate *Two _ Masonry Walls in parldng areas to replace poured -in place S S Z .bay concrete walla in parldag area. Item Description Unit Price Extended Amount No. C. Deduct Alternate #Three Restroom/Concession Building $ $ zdt. S=z!7 Item Description Unit Price Extended Amount NO. D. Deduct Alternate rlEFour Delete precast concrete sand wads. S S 16-T -S C-Is L-IST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name of Subcontractor and address :. Stare License Number 'lass 41 W6 11�0L-M 4 M�' ♦�.►aav� to 3Zto5 QZ- C .o\li..t CAN %A -V � 7CAL s�le QS 7 2.sZSra -�- G fk By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 LIST OF SUBCONWRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work : :. - :: Ala= of Subcontractor and address State License ..''Number Class 3 CX3 dcL By submission of this proposal, the Bidder certifies: i 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. f 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 BIDDER'S INFOR IAMN BIDDER certifies that the following information is true and correct: Kenai Construction Co., Inc. = _ Bidder Name 7578 Trade Street Business Address -San_DjeQq, CA. 2121-24 2 (6689-8808 Telephone Number 589828 "A" and "B" - State Contractor's License No. and Class 3/10/1990 Original Date Issued 3/31/98 Expiration Date The work site was inspected by David E. Bruce of our office on February 27 , 19 97 The following are persons, firms, and corporations having a principal interest in this proposal: Gary W. Dulgar. President Gary W. Dulgar, Treasurer Donald W. McIntosh Secretary C-9 UNDERGROUND SERVICE ALERT IDENTIFICATTON 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 1-800-4224133 a minimum of two worldng days before scheduled excavation. Dig Alert Iden4leation 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-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded small 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: March 12, 1997 Kenai Construction Co., Inc. Contractor By Gary W. Dul ar President Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® 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-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCH, CITY OF HUN MGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PIER PLAZA, (f)(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: March 12, 1997 Kenai Construction Co., Inc. Contractor By Gary W. Dulgar, President Title C-S ar NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBIM171 ED NV17 H BID State of California SS. County of Orange Gary W. Dul gar, being first duly sworn, deposes and says that he or she is President of Kenai Constructidhe 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. _or�anization�bid _depository: or tom member or agent CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.St9 StAe of California County of San Diego On 3/12/97 DATE JOHN G. MALONEY, NOTARY PUBLIC before me, NAME. TITLE OF OFFICER • E.G.. -.LANE DOE, NOTARY PuSm* personally appeared GARY W: DULGAR NAMES) OF SIGNER(S) r personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and ac- knowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), JOHN G. MALONEY or the entity upon behalf of which the �y COMM.11046738 person(s) acted, executed the instrument. N - NOTARY PUBLIC-CALIFORNIA = r• SANO(EQOCOUNTy N MY COMMISSION EXPIRES "' WITNESS my hand and official seal. FEBRUARY 6,1999 TFII CERTIFICATE MUST BE ATTACHED TO TH DOCUMENT DESCRIBED AT RIGHT: SIGNATURE OF NOTARY mummPkiiiiiiiiiiii OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Ttsxph statute does not require the Notary to fill In the data below. doing so may prove Invaluable to persons reWg on the doaxnem ❑ INDIVIDUAL E] FQrg0BtVTOFFICER(S) KK 11 ttllVVT��ITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law. It could prevent fraudulent reattachment of this farm. SIGNER(S) OTHER THAN NAMED ABOVE The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Co y Name rtnai Cons truction.CO. .S-'C. - Signatur of Bidder Gary W. Duigar, President - Printed or Typed Signature Subscribed and sworn to before me this NOTARY PUBLIC 7578 Trade St., San Diego, CA. 92121-2412 Address of Bidder [ 619 ) 689-8808 . Telephone Number day of , 19 4LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.51 ktate of California Countyof San Diego On before me, 3/12/97 JOHN G. MALONEY, NOTARY PUBLIC DATE kAME. TITLE OF OFFICER . E G.. -JANE DOE. NOTARY PUBLIC - personally appeared GARY W. DULGAR , NAMEl5) 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 ac- knowledged 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), y JOHN G. MALONE or the entity upon behalf of which the �y Y COMM. AIful 72A _ person(s) acted, executed the instrument. N NOTAAYPI/13LIC-LALIFORNIA K ? b = SAN O1fG0 COUNTYCn A r MYCCMMISSIOREXPIRES N FEB.1999 WITNESS my hared and official seal. L� SIGNATURE OF NOTARY OPTIONAL SECTION ■� OPTIONAL SECTION t� CAPACITY CLAIMED BY SIGNER Though statute does hat require ft NoCW to fill in the data below, doing so may prove invaluable to persona raying on the document. INDIVIDUAL t] CORPORATE OFFICER(S) PRESIDENT TmEm PARTNER($) [] LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIANlCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONISI OR ENTTTY(IES) ti S CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Tj DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Trough the data requested here Is not required by law. 11 could prevent fraudulent reattaduneni of this form. SIGNER(S) OTHER THAN NAMED ABOVE Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City f ondido f Group) Name and Address 3702 Via de la Val 1e, Ste 202, Del Mar, CA. 92014 Name and Telephone No. of Project Manager: Don Seeley ( 619) 794-2602 �$1,725,161.00 _ New Construction May 1994 Contract Amount Type of Work Date Completed 2. Metropolitan Transit Development Name and Address 1255 Imperial Ave., #1000, San Diego, CA. 92101 Name and Telephone No. of Project Manager:A1 de Berardinis (619 )291-2174 _ $2,793,643.00 New Construction October 1994 Contract Amount Type of Work Date Completed 3. County of Oran a Mission Viejo Company) Name and Address 26137 La Paz Rd., Mission Viejo, CA. 92691 Name and Telephone No. of Project Manager: _Bill Davis ( 714) 752-2066 $3,837,000.00 New Construction Qltni- 14997 Contract Amount Type of Work Date Completed C-11 I ****SEALED BID FOR PIER PLA7A**** Kenai CONTRACT NO.102s Kenai Construction Co., Inc. Office of the City Clerk City of Huntington Beach Second Floor 2000 Main Street { Huntington Beach, CA. 92648 BID OPENING: MARCH 12, 1997 @ 4:00 PM 7578 TRADE STREET • SAN DIEGO, C4 92121-2412 PHONE (619) 689-8808 • FAX (619) 689-88M s.. c �w = i In :'tsti,� P SECTION C PROPOSAL for the PIER PLAZA Coastal Side of Pacific Coast Highway from First Street to Seventh Street CASH CONTRACT No. 1029 in the CITY OF HUNI'INGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON ]BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the 180 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CON- C-1 TRACT. 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's Bond in the amount of $ 10% of bid 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.- = Date Received " Bidder's 5gnature C2 PROJECT BID SCHEDULE Item Estimated Item with snit price written in words Unit Price Extended Amount No. Quantity 1 L.S. Pier Plus Inclusive of all project work SX��// 5�vek A',, --e -1�vts A-,(( . —&1/q 6- Dollars ceAt� s �70:v w s64� TOTAL AMOUNT BID IN FIGURES: TOTAL AINIOUNT BID NWORDS: �• �/ �^ ny' ����� SYI, iv,111av,`r" get,,d/24 S vweti T(✓G`!/1d�3/ C>' / Item Description Unit Price Extended Amount No. A. Deduct Alternate #One Masonry sand walls to replace pre -cast concrete sand walls. S" 00CV'4t/L i If - S-- Item Description Unit Price Extended Amount No. B. Deduct Alternate grwo Masonry Walls in parking areas to replace poured -in place S $ concrete walls III parldng area. Item Description Unit Price Extended Amount No. C. Deduct Alternate f hne Restroom/Concession Building S oy arm Iterst Description : Unit Drive Extended Amount No..:. : D. Deduct Alternate #Four Delete precast concrete sand wails. S"-�5��a.c�a $te( C-Is i LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Rork : ' Name of Subcontractor and Address .::. State License :. Number Class !z- Mhso�Py Mqkf ce t Co ,vcc.. e a,. ti,4�t.� 4 % �Ae ) hS 611E tic L,4 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBM TTED WTTII BID State of California S.S. County of Orange Glenn J. Salsbu , being first duly sworn, deposes and says that he or she is President of Hillcrest 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. Hillcrest-Contracting, Inc. _ Name of Bidder Z2= ::2 - Signature er Glenn J. Salsbury -President P.O. BOX 1898 Corona, CA 91718-1898 Address of Bidder Subscribed and sworn to before me this day of , 19 97 -. NOTARY PUBLIC NOTARY SEAL C-4 sH€RM sXR Coonrz:on J 107WI zz Nvoy Abic--C 0oe1b s W COMM Eifts kc 27,1999 UTILITY AGREM NT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNIWGTON BEACH, CALIFOW IA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PIER PLAZA, (1)(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: February 17, 1997 Hillcrest Gbntractina. inc_ Contractor By Glenn J. sbury Title C-5 President DISQUALIFICAUON QuESTIONNAERE 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? 0 Yes 0 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 will comply with such provisions before commencing the performance of the work of this contract. Date: February 17, 1997 Z� --? By G1 J s Title C-7 President 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 1-800-4224133 a minimum of two working days before scheduled excavation. Dig Alert McWiicatiou Number f President Title Date: February 17, 1997 - f Note; This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMAITON BIDDER certifies that the following information is true and correct: Business 909 J 273-9600 Telephone Number 471664 - A State Contractor's License No. and Class 2-26-85 Original Date Issued 4-30-97 Expiration Date The work site was inspected by Glenn J. Salsbury_ of our office on Fehnm= 26 , 192i —. The following are persons, ferns, and corporations having a principal interest in this proposal: Hillcrest Contracting, Inc. Glenn J. Salsbury -President E.G. Lindholm-V.P./Secretary C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Hillerest Contracting, Inc. Signature of Bidder Glenn J. Salsbury -President Printed or Typed Signature P.O. BOX 1898 Corona, CA 91718-1898 Address of Bidder ( qnq ) 273-9600 Telephone Number Subscribed and sworn to before me this day of &gym , 19-17_. NOTARY PUBLIC �.�•r + • J •rr C-10 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. Please see attached. Name and Address 2. Name and Telephone No. of Project Manager: [ ,} Contract Amount Type of Work Date Completed Name and Address Name and Telephone No. of Project Manager: , Contract Amount Type of Work Date Completed 3. Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 J. AT CITY OF HUNTINGTON BEACH to 2000 Main Street P.O. Box 190 California 92648 Les M. Jones II Director PIER PLAZA PROJECT CASH CONTRACT 1029 ADDEAMM ArUMBER 1 Alarch 3, 1997 Notice To All Bidders: Public Works Department (714) 536-5431 Please note the following modifications, clarifications, deletions andlor additions to the Construction Documents: 1. The Contractor shall include, in his total amount bid for the work, a five thousand dollar allocation for all permit fees required for the work. 2. Replace the existing Table of Contents for the Technical Special Provisions for the Concession/Restroom & Kiosk with the new Table of Contents attached. (Sections referenced but not included in the project specifications have been deleted from the new Table of Contents). 3. Delete the following existing specification sections from the Technical Special Provisions for the Concession/Restroom & Kiosk: SECTION 08330 - OVERHEAD DOORS SECTION 10800 - TOILET AND BATH ACCESSORIES 4. insert the following new specification sections (supplemental packet attached) to the Technical Special Provisions for the Concession/Restroom & Kiosk: SECTION 05510 - ROOF ACCESS LADDER SECTION 06600 - FASCIA SECTION 07510 - 3-PLY BUILT-UP ROOF SECTION 07900 - CHAULKING AND SEALANT SECTION 08305 - ROOF SCUTTLE SECTION 08362 - OVERHEAD SECTIONAL ROLL-DOUN DOORS SECTION 09200 - METAL LATH AND CEsiENT PLASTER SECTION 09310 - CERAMIC TITLE SECTION 10200 - LOUVERS AND VENTS SECTION 10800 - TOILET A\'D BATH ACCESSORIES SECTION 15400 - PLUMBING The following items are in reference to the architectural construction drawings for the Concession/Restroom & Kiosk: 1. Change Construction Note C5 to read:" 1NSTALL'AMERICAN-OLEAN' CERAMIC TILE OVER CONCRETE COUNTER. SEE DETAIL 6/A-6 AND SPEC. SEC. 09310 ". 2. Change Construction Note C32 to read: " INSTALL ALUMINUM SOFFIT VENT. SEE DETAIL 3/A-6 AND SPEC. SEC. 10200 ". 0024096.01 Page 1 PIER PLAZA PROJECT CASH Co\'TRACT 1029 ADDEND UM NUMBER I March 3, 1997 3. Change Construction Note C33 to read: " APPLY 718 INCH THICK PORTLAND CEMENT PLASTER OVER PAPER BACKED LATH. SEE SPEC. SEC. 09200 ". 4. Change Construction Note C48 to read: " INSTALL 'VEFO, INC.' EPS FOAM FASCIA. SEE DETAIL 31A-6 AND SPEC. SEC. 06600 ". 5. Change the roof hatch call out on Detail 15/A-6 to read: " BILCO STAINLESS STEEL ROOF HATCH ". All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the Engineer's Estimate nor the Bid Opening datehime for this project. Should you have any questions regarding this Addendum Number 1, please call me at (714) 375-5078. ' g " 5r Dougl . Stack, P.E. Associate Civil Engineer This is to acknowledge receipt and review of Addendum Number 1, dated March 3, 1997. It is understood that the revisions discussed and outlined in this Addendum shall be included in the project bid documents. Hil Company Name 0024096.01 M Z 2997 arch 50 yGlem . Salsbury —President Date Page 2 1-IILLCREST CONTRACTING General Engineering Contractors License 0471664A PROJECT NAME CONTACT PERSON PHONE NUMBER CONTRACT AMOUNT CONTRACT DATE % COMPLETE 4"' & ETIWANDA CITY OF SAN BERNARDINO 1,505,094 DEC 1995 RTA BOB MARLIN 100% IMPROVEMENTS (909)387-5383 ANAHEIM BLVD CITY OF ANAHEIM 1,545.392 DEC 1996 DAVE NELSON 100% (714)254-5286 VINEYARD AVE CITY OF ONTARIO 700,000 DEC 1995 FRED ALAMOLHODA 100% (909)391-2528 FOOTHILL CITY OF CORONA 843,000 JAN 1996 PARKWAY BENNY TENKEAN 100% (909)736-2235 PLACENTIA CITY OF PLACENTIA 10.000.000 MARCH 1996 INFRASTRUCTURE CHRIS BECKER 100% & PARK (714)993-3245 REXFORD, RODEO CITY OF BEVERLY HILLS 1,700,000 OCT 1996 PALM, ROXSURY PREM KUMAR 100% (310)285-2557 AVIATION CITY OF REDONDO BEACH 1,400,000 MAY 1996 WIDENING SYED 100% (310)372-8021 BOND INFORMATION AGENT DAVE CULBERTSON CULBERTSON INSURANCE SERVICES 5500 E. SANTA ANA CANYON RD., SUITE 201 ANAHEIM, CA 92807 (714)921-0530 MARK LANDSON FIREMAN'S FUND & AMERICAN INSURANCE 17542 E. 17T„ ST. TUSTIN, CA 92680 (714)669-7609 P.O. Box 1898 • Corona, California 91718-1898 - (909) 273-9600 • FAX (909) 273-9608 Cr:H �CN.LdtlF. t R 1� 3Fh46 P;f 197 R HILLCPEST CONTRACTING, INC. p P.Q. Box 1898 + M Coiona, CA 91718-1898 TO: ff�1 rY 01. ItUrl Itito I Uri 1JUI :1{ CITY CLl=14K- ;UXIII111 I-LOI.111 s 2000 MtUN S RELT IfUN'I1UGI (JU JL"nc1f, L'fl 926413 SLALED 131U FUR; IIIE14 PLf1Zn CnSII CUI`1TI1f1L'T t4U 1029- i IH Tiff= CITY OF HUNTING—ruri uEf1GIl !` BID WITE: MARCH 32 A997 ` 4 13111 TIME: 400 P.M. II 1013 HOT OPEN WITH FIEGUL991t MRIL SECTION C PROPOSAL for the PIER PLAZA Coastal Side of Pacific Coast Highway from First Street to Seventh Street CASH CONTRACT No. 1029 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUN INGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to eater into a contract at the following prices. The undersigned agrees to complete the work within the 190 worldng days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual work Satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CON- C-1 A i TRACT, 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 off 0 f , which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (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 Re ved . &dder'r S'gnaturt _ G 77 C-2 z 5 e rl9f" PROJECT BID SCHEDULE o e w -s Item No. Estimated Quantity Item with unit price written in words Unit Price Extended Amount I L.S. Pier Plaza inclusive of all project work Is 6, g $O,o O o, Sb, g 80, oQo Dollar Cants TOTAL AMOUNT BID IN FIGURES: S $8Qp0��p TOTAL AMOUNT BID IN WORDS: S ,X Nl t ion , e i) kt 611j"i G�Iktr -t\k0tAS4-A d611CJS Cnil . Item ' Description Unit Price Extended Amount No. A. Deduct Alternate NOve Masonry sand walls to replace pre -cast concrete sand walls. A $_ [tend Description Unit Price Extended Amount B. Deduct Alternate #Two Masonry Walls in parking areas to replace poured -in place S Z>011 000 $ ao DOD concrete wails in parking area. Price Extended Amount r1temTDescn'ptiorn'Unit t Alternate f hrea om/Concession Building S 2?3 000! S, 2-20, Don escription Unit Price Extended Amount F educt Alternate #Four concrete wall:. S� 0 D 0 D Selete 5o Ono precast sand C-13 SUBCONTRACTOR'S LIST TRADE SUBCONTRACTOR ADDRESS LICENSE # EARTR WORK tir''nWedEl+�a�fir edin ry 15L+o,,ic Q5iv LANDSCAPING M C. LA HA > 9 909 0 A.C. PAVING :::iH ht Btj Asfot NA Ei 5)7-]02- CHAIN LINK FENCE RE BAR �,��++qnC 4 fe6r CHESTt"p-rif c 1JEST I,& RT14 42-1!s o MASONRY RF�s me(-& At STRUCTURAL STEEL FINISH CARPENTRY INSULATION ROOFING SHEET METAL GLASS & GLAZING PLASTER & DRYWALL eefthMif TILE a VAM /V uJ S ACOUSTICAL FLOORING PAINTING PLUMBING FIRE SPRINKLER H.V.A.0 ELECTRICAL sA.SCo Ner.'tgt�) 25 -ELEVATOR TOILET I CVRf� C F(Z G L Concrete 2uza ,AzUZA -�t$7z2 FTR INTERNATIONAL INC. JAMBOREE CENTER, 5 PARK PLAZA, SUITE 1240.IRVINE CA 92714 (714) 263-8170 FAX (714) 263.8176 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work : Name of Subcontractor and Address :.: :; State License .: '.'Number Class 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. Z. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 ho NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBAH'I'l ED WrM BID State of California County of Orange ss. being first duly sworn, deposes and says that he or she is , S Ln= of FTR t,%krj;�...� 4.�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 fu 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. FT'k. Inc . _ Name of Bidder -L&- Sig re of Bidder Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC C-4 a " i NOTARY SEAL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of 6,z County of On , 4 —12 — ? before me„ Dare / . 0 and Trw of 10-M (e g,r-Jane Doe, Notary Pubisc) ' Nl� / ' Nams(s) or Sviko.) ersonally 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. IKAI MULN M. ivwaOR COPAM. # 1006770 Notary Public — CoUomia WITNESS m hand and official seal. OkANGE COUNTY y ly ~ tuft' Comm. Expvee NOV 6 1447 S"fure of Notary PtOC OPTIONAL Though the Information below is riot required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ■ ■ ■ ■ ■ Individual Corporate Officer Tttle(s): Partner — ❑ Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: r ■ ■ ■ ■ ■ Individual Corporate Officer Ttle(s): Partner — ❑Limited 0General Attomey-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: Top of thumb Here 0 1995 Nafionel Notary Association • 8236 Rernmet Ave.. P.O. Box 7184 • Canoga Park, CA 91 X9.7184 Prod. No. 5907 Reorder. Cal To1HFree 1.800-8764827 U rELI IY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUN MGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as PIER PLAZA, (1)(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: *A, I Z -C1 Contractor t Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-b Coh PENSATION 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: FTC ,j L=,r...L-; cMJ i , r_ . Contractor By . Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-4224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. Fri. ��,,r,�-►o,��. • -- Contractor By Ske.reL' Title Date: a-12 —eil Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: r TP� Werrno..gy►ci Bidder Name Business Address a a,AMMIM - • Telephone Number 4 6SdZ6 Q c-a ! State Contractor's License No. and Class t1-za --84 Original Date Issued iI — moo — f6 Expiration Date The work site was inspected by.��.�._ A4_y,.�, ; of our office on _G, 'L- , The following are persons, firms, and corporations having a principal interest in this proposal: .�. C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder r P ' tad or Typed Signature 1 t vy-CA52414 Address of Bidder ( 7H ) Mi3 - Xi iD Telephone Number Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC NOTARY SEAL C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of lI L County of to 4 On — Z - before me,611921��. Cats am T,lb Mow (e.g.. Jag Doe. NotaryPT personally appeared , ame{sj of Sgner(tt personally known to me — OR — ❑ proved to me on the basis of satisfacto evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/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, z executed the instrument. 'Y pun . - i,� itC•Ktir] '= kVt, tr,m.� c,�e t.�vs tv4� WITNESS my hand and fficial seal. t* Spnuure of Notary PuWx; OPTIONAL Though the Information below is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ■ oil ■ ■ ■ ■1 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: (Signer Is Representing: Top of thump here Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): 13 Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator , ❑ Other: rot? or mlxRn hBre Signer Is Representing: O IM Nalimal Notary Assoriation - WX Remoet Ave.. P.O. Box 7184 • Canoga Park CA 91309-7184 Prod. No. 5907 Reorder. Can Ton -Free I-800•B76.b827 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. toL C'-tr t-rC 4 Name an Address zna Name and Telephone No. of Project Manager:ALw_tt-e- _ 61%) Contract Amount Type of Work Date Completed 2. Cq�-JIA +t S e& UIL16&A . qb 15 _iArn_P_'00 Nve. Lrs Ra MJ05 CA g6720 Name and Address Name and Telephone No. of Project Manager:, r _rr; _�31G) qE�'914 I. — I -« o-- ontract Amount 3. (iW �N�c6ek Narde and Address Type of Work Date Completed Name and Telephone No. of Project Manager: eimiyi Un WZ1-4-1�, 3•5AID; SP I Cl.fh 'l6-AUMW-,-J0on Amount Type of Wort Date Completed C-11 PIER PLAZA PROJECT CASH CO;�TRACT 1029 ADDEND UAf NUMBER 1 A?arch 3, 1997 3. Change Construction Note C33 to read: " APPLY 718 INCH THICK PORTLAND CEMENT PLASTER OVER PAPER BACKED LATH. SEE SPEC. SEC. 09200 "- 4. Change Construction Note C48 to read. " INSTALL 'VEFO, INC.' EPS FOAM FASCIA. SEE DETAIL 3/A-6 AND SPEC. SEC. 06600 ". 5. Change the roof hatch call out on Detail 151A-6 to read: " BILCO STAINLESS STEEL ROOF HATCH ". All bidders shall acknowledge the receipt of this addendum with their bid proposal. These revisions do not change the Engineer's Estimate nor the Bid Opening dateltime for this project. Should you have any questions regarding this Addendum Number 1, please call me at (714) 375-5078. gDougl . Stack, P.E. Associate Civil Engineer This is to acknowledge receipt and review of Addendum Number 1, dated March 3, 1997. It is understood that the revisions discussed and outlined in this Addendum shall be included in the project bid documents. tn;-er tCQy%aP Company Name W24 096.01 t_ ,1 3 — T- 9,3-- By Date Page 2 RECEIVER a CITY CLERK C11 Y DF HUXTIWG TCM BE4 ; CALIF.` Htl< I 3 5j F '97 FTR INTERNATIONAL, INC. Jamboree Center 5 Park Plaza s91240 Irvine, Catifoi r a 92714 ci� 4 gth,�-�,4e,:�Ce" 2� G` � cl c nn�... i`31ca l�ru�c. Q 'Cet�,J-4 102. 9 •• WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 2S2 (a.8a) WC Oa a3 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA � This endorsement changes the policy to which it is attached effective on the inception ate o e pat cc ie�/T different date is Indicated below. (The following "attaching Clause" need Of competed only when this endorsement is issued subsequent to preparailon of the ooiicy.) This endorsement, effective on 7/ 1 /78MATU Policy No. 1878-C of-Phe SELF INSURED issued to Valley Crest Landscape, Inc_ Premium (if any) S None at 12.01 A.M. standard time, forms a part of Aon Risk Services, Incorporated (NAME OF i);URANCE COMPANY • AutJ z4d Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described In the Schedule. Schedule Ptmon or Orpnizatlon Job Dewription The City of Huntington Beach Pier Plaza