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VARKEL CONSTRUCTION, INC - 1995-06-05
PRORMINARY 20 DAY NO , E w NOlfs [FWHT K ORSIM a T 'v[E S ZJ— PO-BOX 1770.COSTA MESA,CALIFORNIA 92626/(714)850-0904 003333 :W See Description or Address W -0[u Er.m•ra Tew+<*LOW Date a Nalce "cc Number ApCr - D-454, 5@_Err,w-.t a Mae. % M510()94 $7, 500. 00 10--77-9 5 01 4565 RUBY! S RL"rSTA(JRANT NlCOMPiIANCF WITH SFCTION3097AN03098CAIIFOTWIA CIVIL COOL YOUAREHERERYNO11FIED N • ENLT Cs' PIER Ttr MATE CAP INDUSTRI}S INC.PO BOX 1770-COSTA I�SA CA 92626.11AS FURNIS}IE-DOri Wit • L FUR NISI 10 THE AHOVF-IOBSfTF.. 1AATERIAL AND/OR F.OUIPMENi OF Tl1f.FOLLOWING GI-NERAr 1 MF�Iti iT'. IHSCRtPrION FOUNDAT10H.liA9M!UTAR_E.ROUGH FHA►1THG-fARDWARL.SUBSURFACEDRALFAGE • _ PRODUCTS. 11M CON51RUCO -Y1,TLF41ALS_AND-EOUJP-►.4EN7-REH7ALS�SUCr1 —fF..RtAL ANI)JOH Hl ICJ r 11'*1 Cfla B U.}iCIi CP 9.-.f 12+j FOU11 WENT WAS CONI RAC I ED HY AND CIIAPGED TO IHE CUSIC!a--T IDFNrIFIE IZ Ij 09'IN NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES.EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS, INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL- YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1)REOUIRING YOUR CONTRACTOR TO FURNISH CONSTRUCTION LENDER or A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE Reputed Construction Lender BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ANY OTHER • METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES_ • • IKS NOTICE OF COURSE-IS NOT INTENDED 1O RLFLECT IN ANY WAY ON THE INTfC,ITITY OR CRCOIT STANDING OF OUR CUSTOMFR.BUT 1S GIVEN IN COMB IANCf WITH Tt1f ABOVE P ADviSIONS OF 114E • CALIfOPNtA CIVIL COOL WE IIAVE APPRf CIATf D D IF.OPPORTUNITY OF:I URNISIIING MAIf A:AL FOR 1111S JOB AND I101'L HtAT IT IS PROGRE SSING TO YOUR SATISFACTION L1ATED: 10--0'7-9, f=laUN1�: (114) 350-0(DOO GARY 2WIL L I NG CORPORATE SECRETARY OWNER or Reputed Owner or PUBLIC AGENCY WHITE CAP CUSTOMER Identification • CITY OF ;AU.'JT I NGTON BEAC1-1 • 41i+i.4k'1e`'t 6 • IL'000 MAIN I ST. • I)F-tPPLL CONJT. , INC. • HUNT I NGTON BEACH CA 4;3 4_ti 14 1 L—A CADEIUA #fL LAGUNA HILLS, CA 91.E•ti ORIGINAL CONTRACTOR or Reputed Contractor OTHER lnteresled Parties • V{RXEL_ CONSTR. I. INC. • CtJNTIR. 4CC-l)13 • z•,1 t-fl ##L • • !--Wf UNA I i 1 Li- 1-11 Cis F, ,. • JOINT CHECK REQUEST NOTICE WHITE CAP INDUSTRIES DOES HEREBY REQUEST THAT JOINT CHECKS BE ISSUED FOR ALL MATERIALS ANDIOR EQUIPMENT PROVIDED FOR THE ABOVE REFERENCED PROJECT. PLEASE MAKE ALL CHECKS PAYABLE TO WHITE CAP INDUSTRIES INC_ AND THE ABOVE IDENTIFIED WHITE CAP CUSTOMER. V0,0000. DDDDDDDD�����dO������DDA00���0��'S�000/�D�O�����DDD�����1�4����44DDDD������®Da RELEASE OF STOP NOTICE I A f Z� yk� "L (construction ey.pubbc body.or wrat whom Stop Notice was bled} 0 Q --Ir-1 r,-& N',�,L (Address) / You are hereby notified that the undersigned claimant releases that certain Stop Notice dated Z /G1�L f b in the amount of$ Ir— ,Z�6�� against C t as owner or public body and V CA( L.e- as prime contractor in connection with the work of improvement known as VV\L/ Qr in the City of_3� 4. County of D State of California. ` Date Name of iman U eve ,r- (Firm name) By ` (signature) (Aotnonred caffacrry) VERIFICATION I, the undersigned, state- I am the _ 11 whC r ('Agem aP.'PreWem of'.'A Partner of'.'owner of'.etc-) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certity (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct�L� Executed on�� 19. ,at h t State of l _�� . �rv.����.. �Q�t,•� ����eg r (Signatrxe of Clannara or Auttlom gent) �Y ``. G�� _J T y Illllllll Illl ll� l ll l ll wOLI071$FORM n98-RELEASE OE SLOP NOTICE 11er 93 &oft you uie T4 rpm.rta0 t fa n ae ptW s.am make+rufever Ganges an appropW anG �I 01993 WOO COI iS"MS.wC {pnce class 3A) "0 s_' fa to=prMuu'trywcw Cmsulr a 4-W a you mrta;tie WM S is es$to you purpose Ill ana use Otis makes ro represenlaGfn a rrarra'Ry.[*press a mokM.wr:1 resytcr>o rib ma[rary rabAry Of I.X55 01 UM fpm!Or an rdenfled ust or P IPOse 7 67775 39898 4 CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Upon receipt by the undersigned of a check from �Q r K 05y6[r'1'(C--T r ON (Maker of Check) in the sum of $ payable to DL'2'1- '-k (Amount of Check) (Payee or Payees of Check) and when the check has been properly endorsed and has been paid by the bank upon it is drawn, this document shall become effective to re ease any me anic's lien, stop notice, or bond right the undersigned has on the job of A�1 (Owner) located at r n _2'd)���'�C, T (Job Description) This release covers the final payment to the undersigned for all labor, services, equipment, or material furnished on the job, except for disputed claims for additional work in the amount of$ -Ae�'� . Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. ���7� �� - ,�/F1y� C,� �I�Gi•C_� C (Dated) /Sag L014,0C7r ula0l7 Mlle-- (Company Name and Address) By S - t (Signature and Title) SAL io- 11 T, ?(T �Q saU.1o. Vjy 0?. rii' G.a,•'',lY•�cic:V RELEASE OF STOP NOTICE (Public Work of Improvement) TO: The City of Huntington Beach 2000 Main Street Huntington Beach, California 92642 Re: RUBY'S RESTAURANT ON THE PIER YOU ARE HEREBY NOTIFIED that Calcon Electric Supply, Inc. (hereinafter referred to as "Claimant") , hereby withdraws the stop notice executed on September 10, 1996, in the amount of $4,934. 57 for equipment and materials supplied to Denick Electric, constituting materials furnished to the Ruby's Restaurant on the Pier project, located at Main Street, Huntington Beach, California, a public work of improvement for which Varkel Construction is the original contractor. WHEREFORE, Claimant hereby releases The City of Huntington Beach from any further duty under Civil Code SS 3179, et seq. to withhold money in response to the Stop Notice, and waives any right of action against them that might accrue thereunder. Executed this 20th day of November, 1996, at Costa Mesa, California. CALCON ELECTRIC SUPPLY, INC. oe By: Michael J. Walsh, agent rt0 �OR�.�tQ1 • gyp. �• �' 251.020 MIW 57361196 CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Upon receipt by the undersigned of a check from VARKEL CONSTRUCTION in the sum of $ 4 , 934 . 57 (Amount of Check) payable to DENICK ELECTRIC AND CALCON ELECTRIC SUPPLY INC . , A DIVISION OF CONSOLIDATED ELECTRIC SUPPLY and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic' s lien, stop notice or bond right the undersigned has on the job of CITY OF HUNTINGTON BEACH located at (Owner) RUBY' S RESTAURANT ON THE PIER, 1 MAIN ST. , HUNTINGTON BEACH, CA. (Job Description) This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job, except for disputed claims for additional work in the amount of $ 0 . 00 Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: 10/31/96 CALCON ELECTRIC SUPPLY INC . , A DIVISION OF SOLIDATED ELECTPJC SUPPLY By -GR EG S . REED AREA CREDIT MANAGER (Title) yto��,ey. B�= �ei • r� _ —-- . Recorded in the *ty of Orange, California Gary L. Granville, Clerk/Recorder ,{�lI{ifll1INJ1N111'�1111I111!1111lnlllll No Fee WHEN RECORDED MAIL TO II{1ll��lilll� 19960436186 2.34pm 08/26/96 CITY OF HUNTINGTON BEACH Office of the City Clerk N12 1 7-00 20 14 23 12 1 00 @.00 0.00 0.00 0.00 0.00 P.O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Hunungton Beach, California to Varkel Construction who was the company thereon fog doing the following work to-wit. Ruby's Restaurant,New Construction; CC-918 That said work was completed August 19, 1996 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was 1 accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,August 19, 1996. 1 C1 NF That upon said contract Washington International Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge_ Dated at Huntington Reach, California, this 21st day of August, 1996- City Clerk and cx-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) . County of Orange ) ss- City of Huntington Beach ) 1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach. California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OFF 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 August, 1996.. &XA4::�- City Clerk and ex-officio Clerk of the City Council of itte City of Huntington Beach, California g=til'ollowupnuplgs -. - J G/follo«vp/ccnoc APPROVED BY CITY COUNCIL • Q � Ig : i Y� K eauest for City Council Action November 7, 1994 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrate t Prepared by: ., y Silver, Assistant City Manager I Acting Director of Public Works cP�,fo Subject: Ruby's Restaurant; CC-918, Authorization to Advertise Consistent with Council Policy? [X] Yes [ ; New Policy or Exception Statement of Issue, Recommended Council Action, Analysis, Environmental Status, Funding Source, Alternative Actions, Attachments: QkQ STATEMENT OF ISSUE: Plans and specifications for the Ruby's Restaurant on the end of the Huntington Beach Municipal Pier are complete and ready for council approval and project bidding. RECOMM-U ED COUNCIL ACTION: 1. Approve the plans and specifications and authorize the Acting Director of Public Works to solicit bids for the Ruby's Restaurant, CC-918; and 2_ Approve the attached sample construction contract subject to award of contract to the Council approved lowest responsive bidder. ANALYSIS: The approved conceptual plan for the Municipal Pier includes five buildings: the public restrooms, the lifeguard tower, the End of the Pier restaurant, the bait and tackle shop, and the snack shop. On June 3, 1993, bids for the public restrooms and lifeguard tower were opened. The bids were rejected due to excessive bids. On June 21, 1993, The City Council approved the selection of Anthony and Langford/Architects to prepare plans and specifications for the construction of the End of the Pier Restaurant, the bait and tackle shop, and snack shop. As a result of the excessive bids on the restrooms and lifeguard tower, staff directed Anthony and Langford to complete a detailed cost reduction analysis of the five buildings. The analysis recommended changes in materials which resulted in a reduction of the anticipated costs from $2,184,100 to $1,745,000. However, the cost savings were not enough to offset the shortfall in the funds budgeted for constriction. Therefore, on January 17, 1994, City Council authorized staff to move forward with the construction of the restaurant only. �� The plans and specifications are now complete. The Building Department has completed their plan check. We have received approval from the Coastal Commission for construction of the five buildings on the pier under application number 5-93-294. This project consists of the building shell and related mechanical equipment. The leasee, Ruby's, will construct the necessary tenant improvements. ENVIRONMENTAL STATUS: Environmental Impact Report No. 89-8 and Environmental Assessment No. 91-12 fulfilled the requirements of the California Environmental Quality Act FUNDING SOURCE: The architect's estimate for this project is $1,250,415 including change orders and supplemental expenditures. The funds for this project are available in the Pier Rebuilding Fund (E-PG-AS-154-&31-00). ALTERNATIVE ACTIONS: Approve plans and specifications, but do not go out to bid. ATTACHMENTS: 1_ Project location map 2. Sample contract 3_ Project schedule FILENAME:GACCSIMCAV EIRCA01.DOC aoLSA i Av. O'<C O uc FAJDEN Alo z tiI II{r =V1 J 4 Ccj -,UL WARtE1 AVE — a I � 1{ S_TER AVE I! 3 ^~ 405 i W ol J.�+ _,� �. tA_8[R" AT LL 5 I FJE GARS= AVE-V i if YORILVN AVE- # C:C�O ht^til mk ADAMS AVF lC N IVOIANAPOLIS I. m _ AT LANTA J A q 41.1111TON AY_ PROJECT: CO @AYN'IVC A My CITY OF "UNTINGTON'' 9EAC�--I VICINITY MAP DEPAr?-r,M.=NT OF PL-E3L41C V'VO�KS y RUBY'S RESTAURANT TENTATIVE SCHEDULE, REVISED 9/27194 Activity Dpte • Complete Plans and Specifications August 29, 1994 • Complete 1st Plan Check September 27, 1994 • 2nd Submittal of Plans and Specifications October 10, 1994 • Complete 2nd Plan Check October 21, 1994 • Council Agenda Deadline October 26, 1994 • Council Authorization to Advertise November 7, 1994 • Out to Bid (4 weeks) November 8, 1994 • Bid Opening December 6, 1995 • Council Agenda Deadline December 7, 1994 • Council Award December 19, 1994 • Begin Building Construction January 3, 1995 • Complete Building Construction (6 months) June 30, 1995 • Complete Tenant Improvements (3 months) September 29, 1995 G_IRubyslRubyscnd Table of Contents 1 Statement of Work-, Acceptance of Risk ----..-- __ ____ 2 Acceptance of Conditions of Work, Plans and Specifications..................................2 3 Compensation .- -3 4 Commencement of Project........ . . .......... ................................ . --............ .. .4 5 Time of the Essence ------ -- ------- --- ------ - -- -- - - ----- - --•--- -- - - -- -- -----..-..-..-----.4 6 Changes - 4 7 Notice to Proceed .-- --- ........ .. .. . .... -- - - - -..-..-..----- -- ----- 5 8 Bonds..... - - - - - •-- - - ---- 9 Warranties.......- --- 5 10 Independent Contractor---- ------------------ -------------------------- --------- ------ ---.-..----- -- -6 11 Liquidated Damages/Delays.............. .............6 12 Differing Site Conditions- - - - -- •--------- -• 7 13 Variations in Estimated Quantities . ........................ .. .. . . . . .....................__8 14 Progress Payments . . . .................. . ......... . . . . ........... 15 Withheld Contract Funds, Substitution of Securities .................... ....--..9 16 Affidavits of Satisfaction of Claims.. ....................... . .. .. . ..................... __10 17 Waiver of Claims. . .. . .. ..... . • - -- - ------------- ---- -- ------- ------ -- ------ - ---------10 18 Indemnification, Defense, Hold Harmless_ 10 19 Workers' Compensation Insurance----- - - - - - --------------------- 11 20 Insurance------------------ - - - -• -- ........- - - -- ------------ -- •- - - -..-..-------- -- ------11 21 Certificates of Insurance-, Additional Insured Endorsement ......... 12 22 Default and Termination. .. ........... .. . ............ . ... ........ • - -- -- ----------------13 23 Disposition of Plans, Estimates and Other Documents . . . .. ..... . . . - - - 13 24 Non-Assign ability. . . . . . .--.-- . .. . . . . ...... -- ------13 25 City Employees and Officials......... . . .. .. . .. ........ • • •...... .. . . . .....13 26 Stop Notices, Recovery of Administrative Costs . . . . . ......... - - - - - -.13 27 Immigration--- - --- - -- -- -- ------- . -- ......... • ........ - - - - •- .-.14 28 Notices-- - - - - - ---- - -- ....14 29 Captions... . ............. . . . . . ..... ............ .. ......--. . . . -- --....... 14 30 Legal Services Subcontracting Prohibited - -- --- ------------------------ - - - --------------14 31 Entirety ... . ............................. .. . . SAMPLE 4\AFm G1rn=)A1 Uv19•va SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE CONSTRUCTION OF A RESTAURANT ON THE END OF THE HUNTINGTON BEACH MUNICIPAL PIER CC-918 THIS AGREEMENT is made and entered into on this day of , 19___, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to a "CITY," and a California corporation, hereinafter referred to as "CONTRACTOR_" WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of a restaurant on the end of the Huntington Beach municipal pier in the City of Iuntington Beach, and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows- 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited 1 SAMPLE %;%C_Agree-Ruby's11 0/1 919 4 to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid 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, 2 SAMPLE 9 s'.G-Agree-Ruby's110.19:94 0 • D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee, E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR'S Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both_ In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its 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 3 SAMPLE 9`s%G-,XVcc Ruby'sX10119194 { ), 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 Department of Public Works, excluding delays provided for in this Agreement- 5 TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the 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 4 SAMPLE 9\sXG_Agree-Ruby's114/19194 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 now 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 site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney, One in the amount of one hundred percent (100%) 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 (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9_ WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of 5 SAMPLE 91s'.0 Aure_Ruby's,1Qi19.94 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 as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT 11. LIQUIDATED 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 ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further 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 of negligence of CONTRACTOR, including, but not 6 SAMPLE 9W,G-Agrcc:K uby'si 10/19;94 restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto_ Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the 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, 7 SAMPLE 9 s1C_.ice-Rub}'0 0.'19194 (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension- No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant- 8 SAMPLE H',i\G:Agee_Ruby's:10.'19,94 0 0 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof_ From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five(35) days after the acceptance of the work and the filing of a Notice of Completion by CITY_ Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work_ 15_ WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement 9 SAMPLE 9LskG:.%gee:Rubv's%1 Oil 9194 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 certificates 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's fees incurred by CITY in enforcing this obligation_ 10 SAMPLE 91skG-Agree Ruby's110/19/94 • • 19_ WORKERS' COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq_ of said code, which requires every employer to be insured against liability for workers' compensation, CONTRACTOR covenants that it will comply with all such laws and provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY_ CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees_ CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation_ 20_ INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, product slcompleted operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect 11 SAMPLE 9's'.G-Agrce Ruhy's%.1 Q:19i94 • • during the He of this Agreement, in an amount of not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance herein above required_ A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22 DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may, without prejudice to any other remedy it may 12 SAMPLE 9's1G-Aigrcc_Ruhy's'.10/19194 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 becomes sole property at no further cost. 24. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety_ 25 CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq 26_ STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR_ CITY may charge an administrative fee of One I iundred Dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. 13 SAMPLE 9's'.O Agcc Ruhy's'10.'19;94 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 IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U S C § 1324a regarding employment verification_ 28 NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29_ CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning; of the provisions of this Agreement_ 30_ 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 I iuntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR_ 14 SAMPLE 9\s\G:Agee:Ruby's1]0/19194 31_ ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By. Mayor (print name) Its: (circle one)Chairman/President/Vicc President ATTEST: By. City Clerk APPROVED AS TO FORM- (print name) Its- (circle one)Secretary/Chief Financial Officer/ Asst Secretary=treasurer City Attorney � R IEW ND APPROVED.- INITIATED AND APPROVED- City Administrator Director of 15 SAMPLE 91s'.G-Agee Ruby's%.10/19194 ' Bids receiV,,Z,---T . . �ecember 6, 1994, 2:00 PM• Dated CC-918 RUBY'S MUNICIPAL PIER Engineer's Estimate $1,140,000 Engineer: Doug Kato BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Adams/Mallory $ / y y, 137 , 2. Alpha Design Group 3. Clark Contractors, Inc. 4. DTEC $ /51 coo , $ 5. Dennison Electric 6. Executive Construction 7. Great. West Contractors, Inc. $ �� , 'J— %2 8. Golden State Framers 9. J. Murray Construction $ Il Z/BOJ O 0 0 10. Mission Crest 11_ Neko 12. Now Construction Corp. $ / - i G 0 E' 13. Roman ECD, Inc. $ 14. Sepulveda Construction 15. States Link Construction, Inc. / J 16. T A Construction 17. Varkel Construction, Inc. $ S 000 , 18. WE O'Neil Construction Co. 19. Woodward S rowl Construction, Inc. - BONDO 6138350 PREMIUM-NIL i NO BIDDER'S BOND WILL BE ACCEPTED THAT IS NOT ON THIS FORM AND THAT IS NOT FILLED OUT AND EXECUTED BY THE SURETY AND PRINCIPAL BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, , AAAMS/MALLORY CONSTRUCTION CO. INC. GREAT AMERICAN AS PRINCIPAL, AND INSURANCE COMPANY , AS SURETY are held and firnilylbound unto the CITY OF HUNTINGTON BEACH,CALIFORNIA, hereinafter referred to as the'City' in the penal TEN PERCENT OF AMOUNT BID sum of _(10%) (not less than ten percent 110%) of the total amount of the bid of the Principal above named, submitted by said principal to said City,for the work described below), in lawful money of the United States of America, for the payment of which sum well and truly to bei made, we bind ourselves, our heirs, executors, administrators, assigns, and successors, jointly an j sevsrally.� firmly by these presents. In no case shall the liability of the Surety hereunder exceed the aforestated sum. THE CONDITIONS OF THE OBLIGATION ARE SUCH that whereas said Principal has submitted a bid to; said City for MUNICIPAL PIER BUILDING NO. 93013 under Job No. 93013 for which bids are to be opened in the office of the City Clerk of said City on DECEMBER 6, 1994 NOW, THEREFORE, if said Principal is awarded the contract, and within the time and manner required under the contract documents as specified in the Notice Inviting Bids. after the prescribed forms are presented to him for signature, enters into a written contract, in accordance with the contract documents, and files the two bonds with said City, one to guarantee faithful performange,.and the other to guarantee payment for labor and materials, and the Insurance certificates, in accordance with the contract documents, then this obligation shall be null and void; otherwise it shall remain In full force and effect. In the event suit Is brought upon this Bond by the City and judgment*:a recovered, said Surety Shari pay all costs Incurred by the City in such suit, including a reasonable attorney'& fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this DECEMBER_ 5 199 4 ADAMS/MALLORY CONSTRUCTION CO. , INC. GREAT AMERICAN INSURANCE COMPANY Principal S rety Ronald L,l Mallory/Preside D ANA LASKOWSKI (SEAL) ATTORNEY-IN-FACT (SEAL) l 1 1 MUNICIPAL PIER BUILDING BIDDER' BOND - ' 1 ACKNOWLEDGEMENT Of SURETY State of California I I as County of Orange ) On this day of . A.D. personally appeared before me, a (Notary, Judge, or other Officer)in and for Orange County. State of California,known to me to be the of the corporation that executed the foregoing instrument,and upon oath, did depose that he Is the Officer of said corporation as above designated: that he is acquainted with the seal of sold corporation and that the seat affixed to said instrument Is the corporate sell of said corporation; that the signatures to said Instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes heroin mentioned pursuant to its bylaws or a resolution of Its Board of Directors. (Notary Public. Judge or other Officer) (SEAL) MUNICIPAL PIER BUILDING BIDDER'S BOND - 2 Gt M ANERICAN INSURANCE COMPANY 580 WALNUT STREET• CINCINNATI. OHIO 45202•513-369.5000• FAX 513-723-2740 The number of persons authorised by this power of attorney is not more than No 013302 FIVE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COM PANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons earned below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof,provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above_ IN WITNESS WH ER EOF the G R EA T A M ER ICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 10th day of June 19 93 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO.COUNTY OF HAM ILTON —ss: On this 10th day of June, 1993 before me personally appeared GARY T_ DUNBAR. to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the President of the Bond Division of Great American 1 murance Company,the Company described in and which executed the above instrument-,that he knows the seal;that it was so affixed by authority of his off-ice under the By-Laws of said Company,and that he signed his name thereto by like authority- This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I. 1993_ R ESOL VED. That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them. be and hereby is authorised.from timeto time.to appoint one ormore Attorneys-In-Fact to execute on behalf of the Company.as surety,anvand all bonds. undertakings and contracts of suret'vsh,p- or other written obligations in the nature[hereof,-to prescribe their respective duties and the respectii r limits of their authority:and to ret oke anv such appointment at any time. R ESOL VED FUR THER- Thit the Company seal and the signature of any of the aforesaid officers and anv Secretar*v or Assistant Sec•relart• of s�the Compan ma_r be affixed hr facsimile to any poster of atrornev or rrrtificate of cither pi en for the execution of any bond. undc-rraking.contract or suretyship.or other written obligation in the nature thereof.such signature and scat when so used being herebyadopted by the Company as the original signature of such o1ficrr and the orrbinal seal of thr Company, to be valid and binding upon the Company with the same force and effect as though manually affivcd- CERTIFICATION 1, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and scaled this 5TH day of DECEMBER 19 94 tiiu29Pi• Sri BOND NO. FS 138 67 47 PREMIUM -NIL- 1 NO BIDDER'S BOND WILL BE ACCEPTED THAT IS NOT ON THIS FORM AND THAT IS NOT FILLED OUT AND EXECUTED BY THE SURETY AND PRINCIPAL 111DD 'S $ N KNOW ALL MEN BY THESE PRESENTS, THAT WE, J. MURREY CONSTRUCTION, INC. AS PRINCIPAL, AND GREAT AMF.RIC N INSURANCE COMPANY, AS SURETY are held and firmly bound unto the CITY OF HUNTINGTON BEACH,CALIFORNIA,hereinafter referred to as the'City*in the penal TEN PERCENT OF THE SUM of AMOUNT 8 1 D--( 10%) (not less than ten percent 0 0%) of the total amount of the bid of the principal above named,submitted by said principal to said City,for the work descaed below),in 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, assigns, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the aforestated sum. THE CONDITIONS OF THE OBLIGATION ARE SUCH that whereas said Principal has submitted a bid to said City for MUNICIPAL PIER BUILDING, CITY OF HUNTINGTON BEACH under Job No.93013 for which bids are to be opened in the office of the City Clerk of said City on DECEMBER 6, 1994, NOW, THEREFORE, if said Principal is awarded the contract, and within the time and manner required under the contract documents as specified in the Notice Inviting Bids, after the prescribed forms are presented to him for signature, enters into a written contract in accordance with the contract documents, and files the two bonds with said City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials, and the insurance certificates, in accordance with the contract documents,then this obligation shall be null and void;otherwima it shall remain in full force and effect. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shalt pay ali costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seais this DECEMBER I ST , 199 4 J. U EY CONSTRUCTION, INC. GREAT AMERICAN INSURANCE COMPANY Pri -pal ,r �trz By: ( EAL) EAO FI,KE H. HAGEN, ATTORNEY-IN-FACT MUNICIPAL PIER BUILDING BIDDER'S BOND- 1 . • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No_5907 State of CALIFORNIA County of RIVERSIDE On nFcFmBER_I _ 1994 before me, CANDY M. COONS, NOTARY PUBLIC DATE NAME.TITLE Of OFFICER•E G,'JANE DOE,NOTARY PUBLIC' personally appeared EL1tE H. HAGEN , NAME(S)OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(k) whose name(sr) isl&rk subscribed to the within instrument and ac- knowledged to me that 66/she/t di executed the same in WslherlAl` ik authorized Candy M. Coons capacity0M), and that by h'fU§/her/AWit U Comm. tor1035075 9� signature(65 on the instrument the persons), - NOT�pu9LIC CALIFORN A/ or the entity upon behalf of which the RIVERSFIDE COUNTY Comm_ EapiresAup 7. IM i person(/s'} acted, executed the instrument. ESS my hand and official seal.W . / P (",,'.-- 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORArE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) — SIGNER(S)OTHER THAN NAMED ABOVE W 993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 G1F.r'1T AIVERICAIN INSURANCE COMPANY 580 WALNUT STREET• CINCINNATI. OHIO 45202•513-369-5000• FAX 613-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13582 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof.provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power WiLLIAM R. FRIIS ALL OF ALL ELKE H. HAGEN RIVERSIDE, UNLIMITED CANDY M. COONS CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSU RANGE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 17th day of August 19 94 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON — ss: On this 17�h day of Au�u�r 1994 before me personally appeared GARY T. DUNBAR. to me known,being duly sworn, eposes and says that he res a to Zinctnnati,Ohio,that he is the President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, I993_ R F.SOL VED. That the Diiision President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorrrcd.from:ime ro tin, c.to,:ppa.nt one or ryore Atrorne:s-ln-Fact to eaccute on behalf ofthe Company.as surety,anyand all bonds. undertakings and contracts of suretyship. or other written obligations in the nature thereof.- to prescribe their respective duties and the respective limits of their authority.and to resoke any such appointment at any time. RESOL VED FUR THER. That the C ompany seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Compan} may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undrrtaAing,contract or suretyship,orother writren obligation in the nature thereof-such signature and seal when so used being herebyadopted by the Company as the original signature of such officer and the original seal of the Company. to be valid and binding upon the Company with the same force and effect as though manually affixed_ CERTIFICATION I. RONALD C_ HAYES, Assistant Secretary of Great American insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of %larch I, 1993 have not been revoked and are now in full force and effect_ Signed and sealed this I ST day of DECEMBER . 19 94 1tn?Vt'li Qxr BOND# b-B PREMIUM-NIL NO BIDDER'S BOND WILL BE ACCEPTED THAT IS NOT ON THIS FORM AND THAT IS NOT FILLED OUT AND EXECUTED BY THE SURETY AND PRINCIPAL BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, NOW CONSTRUCTION CORP. WASHINGTON INTERNATIONAL AS PRINCIPAL, AND INSURA IcE C MPANY , AS SURETY are held and firmly bound unto the CITY OF HUNTINGTON BEACH, CALIFORNIA,hereinafter referred to as the 'City' in the penal sum of ** {not less than ten percent (10%1 of the total amount of the bid of the Principal above named, submitted by said principal to said City,for the work described below), in 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, assigns, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the aforestated sum. THE CONDITIONS OF THE OBLIGATION ARE SUCH that whereas said Principal has submitted a bid to said City for RUBY'S RESTAURANT BUILDING (918) under Job No. -18— for which bids are to be opened in the office of the City Clerk of said City on DECEMBER b, I9.94 NOW, THEREFORE, if said Principal is awarded the contract, and within the time and manner required under the contract documents as specified in the Notice Inviting Bids, after the prescribed forms are presented to him for signature, enters into a written contract, in accordance with the contract documents, and files the two bonds with said City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials, and the insurance certificates, in accordance with the contract documents, then this obligation shall be null and void: otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this NOVEMBER 28 1994 NOW CONSTRUCTION CORP. WASHINGTON INTERNATIONAL INSURANCE COMPANY Principal Su ty By: /l// -mac- By: DAVID L. CULBERTSON (SEAL) ATTORNEY-IN-FACT (SEAL) ** TEN PERCENT OF AMOUNT BID (10%) MUNICIPAL PIER BUILDING BIDDER'S BOND - 1 • CALIIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 ERE R;F State of a County of L o_s _A nT1 c . On _ �T =�_ before me, _T)e rcX • ' r �r DATE NA1AE.TITLE OF OFFICER•E_G,'JANE E.NOTARY PUBLIC personally appeared , NAME(S)OF SIGNER(S) IJ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(*) whose name(k) is/ATo subscribed to the within instrument and ac- knowledged to me that he/sknA -executed the same in his1PAWAt%_>W authorized capacity0l2zW, and that by hislla rAfteW signature(M on the instrument the person(*), CCCRAG_ACFEE or the entity upon behalf of which the 04 W"AMC"!.3;ti :z personA) acted, executed the instrument. .-+mac ►��r�r:��wcu:�=n 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ DIVIDUAL U CORPORATE OFFICER nn usjtA � ,jj NT�7 , . TITLE OFt TYPE OF DOCUME rmE(s) ❑ PARTNER(S) ❑ LIMITED ��S�aLILr�c n�` ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: — DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME iOFFPPE RSON(S)OR ENTITY(IES) j(f SIGN (S)OTHER THAN NAMED ABOVE O1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave_.P O-Box 7184-Canoga Park,CA 91309.7184 General WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL KEN BY THESE PRESENTS: That the Washington International Insurance Coapany,a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the village of Schaumburg, Illinois, does hereby constitute and appoint • ' KAREN CHANDLER, DAVID L. CULBERTSON. LINDA L. CULBERTSON, • • • - CHARLES L. FLAKE, DIANA LASKOWSKI AND LEXIE SHERWOOD - • its true and Lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and ail bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by taw, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duty executed and acknowledged by Its President at its principal office. This Power of Attorney shall be limited in amount to S2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The President may designate Attorneys-in-Fact, and authorize them to execute on behalf of the Company, are! ■ttach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-In-Fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-In-Fact and revoke the authority given him." 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seat of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bad or undertaking bearing such facsimile signature or facsimile seat affixed in the ordinary course of business shalt be valid and binding upon the company. IN TESTIMONY WHEREOf991 on International Insurance ny has caused this instrument to be signed and its corporate seal toae�J- m �t yy%Cuthorized offi er, thi 0 h day of November, 1992. ' '•� �/�i}+ 1 TON IN ER TIONAL INSURANC"c COMPANY AV z ;CORPORAM. �C:� ; SEAL • 9 * Y • : S e rson, vice President f `y ARIZONA �� ��� STATE OF 1LLINC . ••. "�,.• a�AV a * s COUNTY OF COOK 7�t�• N� On this 301h day of November, 1992, before me came the individual who executed the preceding instrument, to me personatly known, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seat of said Company; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Officiat Seat, the day and year first above written. "OFFICIAL SEAL" il CHRISTINE ZARETSKY 5 � t c istine Zarets Notary Publt ic r() Notary F06C. State of Illinois I My Commission E i res Oc toter kZ, 1996 My Comm:suan Expirss 10-7-96 CJiR4+;ICATE STATE OF ILLINOIS ) COUNTY OF COOK ) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 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 and sealed in the County of Cook. Dated tt{// 28 T H d of NWEM 1994 Lewis K. Moelter, Secretary • Bid JW No. : - GE5646891 NO BIDDER'S BOND WILL BE ACCEPTED THAT IS NOT ON THIS FORM AND THAT IS NOT FILLED OUT AND EXECUTED BY THE SURETY AND PRINCIPAL RIDER'S SAND KNOW ALL MEN UY THESE PRESENTS. THAT WE. Great West Contractors, Inc. AS PRINCIPAL. AND Gulf Insurance Company _ _, AS SURETY are hold and firmly bound unto the CITY OF HUNTINGTON BEACH.CALIFORNIA,hereinafter referred to ac the'City" in the penal sum o'f_,$2,0001000.00 (not less than ton percent(10%) of the total amount of the bid of the Principal above named,submitted by said principal to said City,for the work described bclow),in lawful money of the United States of Ameri", for the payment of which sum well and truly to be made, we bind ourselves. our heirs. executors, adminictratore, actigns, and successors, jointly and severally, firmly by these prozents_ In no case shall the liability of the Surety hereunder exceed tho eforestated sum. THE CONDITIONS OF THE OBLIGATION ARE SUCH that whereas said Principal has submitted a bid to said City for Huntington Beach under.lob No. 930/3 for which bide are to be opened in she office of the City Clerk of sale City on 12/6/94 NOW, '1 HEREFORE, if said Principal is awarded the contract, and withln the time and manner required under tt*j* contract documents as soeoified in the Notice inviting Bids. atier the prescribed forms are proaontod to him for e+gnatufe, caters into a written contract, In accordance K1th th4 contract doeurngntc, and f11os the two bonds with said City, one tv guarantee faithful performance, and the other to guarantee payment for lebcr and rnate.W3, and the Insurance certificates, in accordance with the contract documents,then this obligation shall be null and Vold;ottlervrlse It Shall remain in full force and effect. In the avant suit is brought upon this Bond by trio City and judgment Is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys tee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto Set our hands and seals this December 2 199 4 Great West Contractors, Inc. Gulf Insurance Company P 'nci I uretY Z. Ran y spot, ttorney—in—Fact (SEAU {SEAL) MUNICIPAL PIER BIJILD!NG BIDDER'S BOND - I ACKNO)nERQVME(HT SIE §URET-Y State of California } } sS County of Orange On this day of ,. . A.D. pentanally appeared before me, a (Notary,Judge,or other Officer)in and for Orange County,State of California.known to me to be the of the Corporation that executed the foredoft instrument and upon oam, did depose that he is the Officer of said corporation as above desioated; that he is acquainted with the sea(of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after Said signatures; end that t w said corporation executed tho said instrweni fre@ky and voluntarily and for the ufe3 and purposes herein mentioned pursuant to its bylaws or a resolution of its Board of Directors. (Notary Pubk, Judge or other Officerl (SEAL) MUNICIPAL PIER 13UILOING BIDDER'S BOND - 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 007 22222222 State of CAUFUR UA County oll RzyERsHE On December 2, 1994 before me, 'tY EREnA Y- BOK, NOTARY MBLTC DATE NAME.TITLE OF OFFICER•E.G-.'JANE DOE.NOTARY PU&C' personally appeared RANM SPOEN NAME(S)OF SIGNERS) , © personally known to me - OR - ❑ to be the person(&) whose name(s) isFa�e. subscribed to the within instrument and ac- knowledged to me that he/ c$sutedi the same in hisAefAho authorized capacity(*e�), and that by hisLhe; r signatureH on the instrument the person(Q, or the entity upon behalf of which the personM acted, executed the instrument. jjjERESAt> CoWA+ WITNESS y hand and official seal. t�G—�Ifo" _e Np1CIFY ER51DE COUM`l 4 z Corslm.Ea*66 WAR 6•ti 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid Bond TITLE OR TYPE OF DOCUMENT TmU(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Two X❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: December 2, 1994 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTrrY(IES) Gulf Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave-,P-O.Box 7184•Canoga Park.CA 91309.7184 GULF INSURANCE C09ANY BOND KANSAS CITY, MISSOURI NUMBER GE5 #6891 IM POWER OF ATTORNEY PRINCIPAL: NAME, ADDRESS ORIGI\AI S OF THIS POKER OF ATTORINEY ARE: PRINTED ON BLUE CITY, STATE, ZIP SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE. SA►fE FORCE AjN_D EFFECT AS AN ORIGINAL ONLY RTIF.N ISSUED IN CONJUNC-rION NVITH THE ORIGINAL. KNOWN ALL NIEN BY THESE PRESENTS That the Gulf lnsurancc Com- pany, a corporation duly organized under the laws of the State of Nfissuuri, hasing Great West Contractors, Inc. its principal office in the city of Irving,Texas,pursuant to the following resolution, adopted by the Finance&Executive COmmntee of the Board of Directors of the said 4562 Eisenhower Circle Company on the 10th day of August, 1993, to wit- Anaheim, CA 92807 "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporation as may be selected from time to time; and any such Auorney•in-fact may be removed EFFECTIVE DATE and the authority granted him revoked by the President, or any Executive vice President, or any Senior Vice President, or by the Board of Directurs or by the Finance and Executive Committee of the Board of Directors. December 6. 1994 RESOLVED,that nothing in this Power of Attorney%hall be construed as a grant of authority to the attortiey(s)-in-fact to sign,execute, acknowledge,deliver or other. CONTRACT AMOUNT wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice Presideni or $ 2,000,000.00 any Senior Vice President, 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 BOND AMOUNT power-, so executed and cenifted by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future wi(h respect to any bond and documents relating to such bonds to which they are attached." $ 2,000,000.00 Gulf Insurance Company does hereby make, constitute and appoint Randy Spohn of Anaheim. California its true and lawful attorne)(s)-in-fact. with full power and authority hereby conferred in its name,place and stead, to sign,execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship. and to bind Gulf insurance Company thereby as fully and to the same extent as if any bonds. undertakings and documents relating to such bonds and/or under-takings were signed by the duly authorised officer of the Gulf Insurance Company and all the acts of said anorney(s)-in-fact, pursuant to the authority herein given. are hereby ratified and confirmed- The obligation of the Company shall not exceed one million (51.000.000-00)dollars - I\WITNESS"HEREOF,the Gulf insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. So RA oR 0 CC co GULF INSURANCE COMPANY " SEALd� 'b'SSO,J GU STATE OF NEW YORK 1 Christopher E. Watson SS President COUNTY OF NE W YORK I On this 15t day of February, 199a A.D.,before me came Christopher E_ %%atson, known to me personally who being by me duly sworn,did depose and say;that he resides in the Counli of Westchester.State of New York;that he is the President of the Gulf Insurance Company,the corporation described in and w hich executed the abm a instrument;that he knows the seal of.aid corporation;that the seal afrLxed to the said instruments is such corporate seal.that it was so affixed by order of the Board of Directors of said corporation and that he signed hie name, thereto by like order. *VGA AR,- O t NpTARt i "t-moo a David Jarfa Tl .o No. _44958634 STATE OF NEW YORK ) FoF n'£s� Qualified in Kings County SS Comm. Expires No%ember 13. 1995 COUNTY OF NEW YORK I I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force_ �5orsANCC C� Signed and Sealed at the City of New York. GeF PCg4r` � x SEAL Dated the 2nd day of December . 19 94 �-------------- . Lawrence P. Miniler Senior Vice President . Bid No. : TPI 2716816-012 NO elotfMS 40140 VnLL BE A=PTM TRAT 19 NOT ON TF"F0FU4 AN*THAT IS f1QT MM OUT tutu EXEMID BY INC SUMTY AND afttNnlsAL KNOW ALL MGttgYTHMMtEMgTS.THpt-F Y>"States Link Construction, Inc. AS PIi1t+tL'PAir AND TiG Premier Insurance ,AS 8UAM era held arts f *-1V bound Compan U96 My CM OP HVKM4V0N REAM.CALftANIA,heralRafur raftrf*d to as Ow'cw In tho penal awn of $130,000.00 Inpt Im than W orcent(10%1 at tits WW WNUM at*a Md of-,ha Pe,=W above atrnsd.vAmltttM by 4"artreipaf to said city,for the week descrtb94 below),M lawful rarorAy of tfw Lf►illad'5tet%of AmO%&.far to yarmant M vv tir.tf atJltt writ&W truly to be oudtr,we Wid outerwear ow halts, erceoutan, admWeirat2q. i6ai7j, and WGearsers. Wr+$y and aevomdy, "-y brit iheaa prtaaets. in no cJaa sh+dl the goikTrhr of th*Surm hwa4mdw exceso Vie aforestztsd*urn. TNC CONOnVNSOP 7'Xg 04LtGATMN ARE SUCH that whetvas"&d Przrwipar fizz subrrlt-.tad a bid to sald CRY fat fiUnLington Beach unbar Jdb NcL for which bloc are SO tie nnaned in the oBiee of thr Chy Cwrk of geld CW on 4 NOW.Tim,if said PAnclod Is awarded me rontmcL and within the time and t+sanoer rrquhed undai&A eattfract desumarm d spazlti*d to eha N !ca InvVig Hid& efew the pre*artb"fauna e.e praa"ad to titrrt let siyeature. *nura into a wrkm9 carmwi, to 4cQ*mitles wM #re cortt;aet doeurngnu, artd flfsa the trro "nda with aatd aty. Ono to suer nue f*t;hu performance. and VA otfw tO oUaMnW PGYM nt fOr t4tW artd matsriata.VIC tna;n=Stiea oe--002046 in eeeordarvs Y.hn the Ct1t'tt1MdEalMtnim then We VAgeon shall bs nua and vdd:0wrwi■e itshou remsta In fun foram and Wheat: in the event suit is brought up""tknd by Ihs Cry and tadwnaAL is recavelia,.aid Surety steal pe r as ccau incurred by the Gtv In such suit. ticWekq a razsorable M. rne1ls ha to be fixad by the COWL• 94 WiTNISS Wit 10F, we have herajnty set o;lr r2rc9 and aas[a this Novembe r 28 , t ti9 , States Link CodtickVn, Inc. T G Premier Insurance Com anv .:4. a's MAU e——IV 1-o ►r•T' Randal R. Spoh{5�Att raspy—in--Fc,-,z } MUNICIPAL PIER SUL13ING MOMS BOND- t 00" of G norr" I Its Cowttr of Crango I 4n_Otte `�._..._. wraafWy 1�+ ��+� I�r y�.�..+� 10Owe mo, INotarv,,WqL eredW OHit#6 In vnd la orenpe Catinty.Strata Ol Qtlltgmw,known to rtla to bo tM of tM cgnM(4 gon viat oncuted the forapetr►d ktavument,and upon oaft did dopm M M Is the Off'tser 01 Sw earpvrsdw as abova deswSUB& rtat M Is soquok ul vAth tM seal of told earpo►sda+jind d+s1 the stir afgmW tv saki ktatrvM#nt Is Iris t orpars to asp) of sald sarporrtion; *at vw agnetwae tO sad irtsUumtrtt wore made by ot%jrs of aald carneradw as RKU1 d OW soM renstwox :na i0s, Wd Aft-d cerporrdon exaoutsd 1111e avid IAsfivam rrt freaN and vdurtsrlty and ftribe im end parposaa trcrstrt m"oned Vurswat to Its bylaws to a tuxutkm of lo►Boud of Dittotm. (MebfV Pubtic.Judgs or wiMt CffloOs11 MuTacim PIED SULCM Bloom's BOND.2 CALIFORNIA ALL-PURPOSE ACKQWLEDGMENT • NO.s90, State of CALIFCRNIA County of Rzy>~-RSIEC On November 28, 1994 before me, TKEFMA I. 80K, NOTARY PIMLIC DAT E NAMf—TTTIX OF OFFICER-E.O..'JANE WE.NOTARY PUBuC personally appeared RANnALL R. SEI(M MAME(S)OF SIGN[R(S} © personally known to me - OR - ❑ to be the person) whose name( isles subscribed to the within instrument and ac- knowledged to me that he/ehe #ey-axes,-led the same in hisihoF414 authorized capacityo-&&), and that by his#l �-i.r signatureH on the instrument the person(&), or the entity upon behalf of which the personM acted, executed the instrument. WITNES=and cial seal. z .-4 NotaN PWC--Catlfoedta Z +. RNMIDE COUNTY My Comm.F�ira!MAR 5,im ~ 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Two X ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR I ❑ OTHER: November 28, 1994 I DATE OF DOCUMENT SIGNER IS REPRESENTING: NAW OF PERSONS)OR ENTITYPES) TIG Premier Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE OI 993 NATIONAL NOTARY ASSOCIATION•8236 Rommel Ave.P O_Boa 7184•Canoga 1'ai� CA 913p4.7 i 84 y y • TI:ter Insurance COBe tyl Ad retive eftice: gettts Creek. Michigan GENERAL POWER OF ATTORNEY Know All Man by These Presents, -het TIG Premier Insurance Company, a corporation duly organized and existing under the laws of tha State of California, and having Its administrative office in Battle Creek, Calhoun County, Michigan. does by these presents make, constitute and appoint Randall R. Sl2chn of Anaheim and State of CalifQrnla Its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In Its name, place and stead, to execute, acknowledge and deliver_ Bid Bond oa-behalf of St_a-tas Link Construction, Inc, In an amopnt^no_t to exceed One Hundred Thlrty_Thousand_-and No/]00 (1130,000.00) Dollars and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President. seated with the corporate seal of the Company and duty attested by Its Secretary, hereby ratifying and confirming all that the said Attomeytsl-In-Fact may dyo In the premises. Said apppointment is made carder and by authority of Section 35 of the bylaws, as amended, snd duly adopted by the Board of Directors of the TIG Premier Insurance Company. 'Be It Resolved, that the President, any Vlce-Presldent. any Secretary or any Assistant Secretary shall be and is hereby vested with full power and tuthorlty to appoint any or more suitable•persons as Attorney(sl- in-Fact to represent and act for and on behalf of the Company subject to the following provisions: 'Section 1. Attorney-In-Fact Attorney-In-Fact may be given full power and authority for and In the name of and on behalf of the Company, to execute. acknowledge and deliver, any and all bonds, recognizancos, contracts, agreements of Indemnity, consents of surely and other conditional or obligatory undertakings and any and all notices and 'documents canceling or terminating the Company's liability thereunder, and any such instrumonts so executed by any such Attorney-in-Fact shall be binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' In Witness Whereof, TIG Premier Insurance Company has caused these presents to be signed by its Vice Prey and Its corporate aaal to be hereto affixed this 5th d bar Ai)_, 19 1994 O�.�C� TIG P E IER INSUH�J ICE � State of Michigan I 2 J'LY 0 p o ss41�� ey County of Calhoun 0.,.i .In On this 5th day of * in the year, 1994 before me Nancy J. Raymond a notary public, personally appeared Joan H. Dillard personally known to me to be the person who executed the within Instrumont as Vice President = _ on behalf of the corporation therein named and acknowledged to me that corporatich•irxicutaq It K�itiCY 1.R'YMiOND NMAXT POs4c,CallMJM COvm-M!I = _ MyCOMOLUiox��uM"MAX.Is.1099 - NO`.ary Public 1, the undersigned Secretary of TIG Premier Insurance Company hereby certify that the sbbve-arid forogo}nq is a full, true and correct copy of the Original Power of Attorney Issued by said Company,-and,do hereby further certify that the said Power of Attorney Is still In force and effect And I do hereby further certify that the Certification of this Power of Attorney Is signed and sealed by facsimile under and by the authority of Section 30 of the bylaws, as amended. and duly adopted by the Board of Directors of the TIG Premier Insurance Company and that said Section 30 of said bylaws has not been amended or repealed as of the date hereof, 'Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed faCSLmile signature and seal shall be valid and binding upon this Corporation.' GIVEN under my hand and the seal of said Company, this 28th day of Noverbep 19- 94_ THIS POWE1% OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO, TPI 2716816-012 Secretary 3001d C 01-24 60 MOVEWS WNID WILL 26 ACC>irPTW THAT iS NOT ON THIS FORM AND THAT IS NOT RLLED OUT A1W EKECUTED BY THE _ SURETY AND PFWWWAt ItlDDHt'S BOft1D KNOW ALL MFW BY THESE-PR RESENTS, THAT WE, DTEC CONSTRUCTION, INC. AS PRINOPAli, AND RELIANCE INSURANCE WNF g AS SURETY m hW and (imnfy bound unto tht CTTY OF HUKnNGTOK BEACH,CAL IFOM A,heitb after f+afarred m as the'Chy'in the penal sum Of 'PEN P OF B Ii�NW than ten per>rer.t f joy of the 10W Wnwjnt of that bid of t#te Principril ebOve ed,subrntttad by Said W*KiPal to said Csty,for ttW worst described below),in WwwfW monty of V*Uhice cl;5tam of America,for Ow payment of vrhieh sum weau srsd vWy to bo made, we bind ourathw.,our heirs,.0aaC nam, adrtti ASUStors, as Ogm. and SUCCUsars. joir+tly area severally. firnty by tttiese bram In no Cane shell]"fi kW of tfte Surety hereunder exceed the aforastated sum. THE CQNDmoikS OF THE osmx ION ARE SUCH tfm whereas said Prime has*ubmb2vd a bid to Said Chy for ~CITY OF HUNTINGTON BEACH HMCIPAL PIER WILDING" under Job No. for which bids are to be opened in the of of tfte City Clerk of said City anDECEMBER 6, 1994 NOW,THEREFORE d said Pfirwipai b swu+dsd the conteset. and wahin the time and numn er r+eauinW undar the error at docdrt atit as specified In the NotJcx b+vWM Bids, ~**presaftd forms aft W,eaWted W ht6 for siprtsWM, avatars into 7 vrd=n eeetarsct. in a000rdanct wrkh tfte conaam dOcssYTteett:�f�filp the two bonds with said CLW. ors to auvantte faith! perfors wrm, and the cow to p�ay+s+tftt for gbor srtd rttsterisb,s>sd ttte raxs . in axordsrtcr with ft contract docurnem.there Otis obEpatkm ahatl bt rmH and void;vdwrwise it she#remain in fun force ow~- In the event suit�t bmw ftt worts On Bond by tf tt City and yudgment is recovered.said SweW"oav aM costs incufred by tree City in such suit. UK*jcFatp a nmonW* attaraW's fee to be fixed by the CquR. H+i WITNESS WHEREOF. we hsve hard wt aw hinds and meats*it December 2 199 4. DTEC CONSTRUCTION. INC. y RELIANCE. INSURANCE COMPANY C� ZY Bv: 4JOW. ARIUSH BAROUVJI - rRESIDENi ewby, Attorney n-Fact fSEALI (SEAL) 505 N. Brand Blvd. , Suite 770 Glendale, CA 91203 MUNICIPAL PIES BUILDING BIDDER'S BOND - 1 E I PLEASE SEE THE REJMffD ALL-PURPOSE ACKNOWLEDGEMEOTTACHED JJERETO AND INCORPORATED HERE BY REFERENCE. I state of Cam is t t ss I CvjntY of Orange } i R On this d*Y Of _ -: A.D. p' Y aM maredbsfarei rtea, a � I lNotarr.Judge.orodw OHicert ire stsd for Orange County.SUM oT Catifamia.knows to end to be Of Ole Cotpara$on that esmiiit+ed the forogoireg ftlutt m.and upon oath, d0cm that he is the Officer of said corporation a; above dssignattd; that he is sevusinted tree seal of said corporation wW shaL tM sast affixed w said insVUMM is the CerpmM SOW of said ore; that 16gnatwes to said insuuresest wen made by offie:ers of said c0rporslti0e 14 indt =W after said signatw+es: Bred dW the said mrpmWn snMed tM sand "WPuMeM teeny and volureta*and for the uses and dusgos"t►erain mentioeeed pummm to its byUtwx or a j of its &Wd of OireeWs, t moury P1sb�iiC. Judge or other Off erl j i ISFAU- i I � I 1 i E j I , MUNIC3PAL PIM BUILDING sIDOER'S BOND - 2 f I� } y TDTQL P.M. CAUIFORNIA ALL-PURPOSAKNOWLEDGMENT • w 0 State of CALIFORNIA 1 County of LDS ANGEL ES ))) On December 2, 1994 before me, _Maria Luisa Chula, Notary Public_ , DATE NAME.TITLE OF OFFICER•E G.-JANE DOE.NOTARY PUBLIC personally appeared John W. Newby ' 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/am subscribed to the within instrument and ac- knowledged to me that he/zUoAtzpc executed the same in his/MmU ktiAr authorized capacity(ies), and that by his/Ukd signature(s) on the instrument the person(s), or the entity upon behalf of which the :.; person(s) acted, executed the instrument. comiv.,.O 9i3°:471 W 1 ivctory Pub!c -c;a,)cc-1,'o my hand and official seal. LOS ANGCLES COUNTY :} NAY Comm.Exp`•I�AFg 23.1997 } Iry SIGNATURE OF NOTARY 1 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. r CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond ❑ CORPORATE OFFICER DTEC CONSTRUCTION, INC. , as Principal TITLE OR TYPE OF DOCUMENT TnuIs) ElPARTNER(S) ❑ LIMITED lk ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES Il ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER- December 2, 1994 DATE OF DOCUMENT SIGNER IS REPRESENTING: t 1 NAME OF PERSONS)OR ENTTTY(IES) Il} RELIANCE INSURANCE COMPANY ` -- - SIGNER(S) OTHER THAN NAMED ABOVE BD•1133 3/94 Vi993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Aye.P 0 Box 7184-Canoga Park.CA 91309.7104 - REANCE INSURANCE COMP HEAO OFFICE, PHILADELPHIA. PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint John W. Newby, Individually, of Glendale. California, its true and lawful Anorney(sI-in-Fact. to make. execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the AELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorneyls)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect. reading as follows: ARTICLE VII- EXECUTION OF BONDS AND UNDERTAKING -1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(sl-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof, and (bi to remove any such Attorney(sl-in-Fact at any time and revoke the power and authority given to them. 2. Atiorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, 3. Attorney(sI-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances. contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June. 1979. at which a quorum was present, and said Resolution has not been amended or repealed: 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached.' IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 24 day of September, 1993 RELL4NCE INSURANCE COMPANY �.�v'wirr —7>1��,_10501, 3 e°e j V�President STATE OF Washington } y�Ms«c COUNTY OF King ss. On this 24 day of September, 1993 personally appeared Lawrence W. Cadstrcm to me known to be the Vice President of the RELIANCE "I NC and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporatio Article V11, Section 1, 2, and 3 of the By-Laws of said Company," the Resolution, set forth therein, are still in full o (f� � m NOTARY N� PUBLIC ,`o s -iG-97 otary Public in and for Scats of Washington esiding at Surnner I, Robyn Layng, Assistant Secretary of the RELIANCE INSUR hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE MPANY, which ix still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 2nd day of December 1994 %,.swu+•4 co Assistant Secretary eDR-1431 NO BIDDER'S BOND WILL BE ACCEPTED THAT IS NOT ON THIS FORM AND THAT IS NOT FILLED OUT AND EXECUTED BY THE SURETY AND PRINCIPAL BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE. VARREL CONSTRUCTION INC. FIRST NATIONAL INSURANCE ;.S PRINCIPAL, AND COMPANY OF AHERICA AS SURETY are held and firmly bound unto the CITY OF HUNTINGTON BEACH, CALIFORNIA, hereinafter referred to as the 'City' in the penal sum of TEN PERCENT OF BID(not less than ten percent (10%) of the total amount of the bid of the Principal above named, submitted by said principal to said City,for the work described below), in 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, assigns, and successors, jointly and severally, firmly by these presents. in no case shall the liability of the Surety hereunder exceed the aforestated sum. THE CONDITIONS OF THE OBLIGATION ARE SUCH that whereas said Principal has submitted a bid to said City for"CONSTRUCTION OF MUNICIPAL. PIER BUILDING "RUBY'S DINER" uncer Job No. for which bids are to be opened in the office of the City Clerk of said City :-,n DECEMBER 6, 1994 - NOW. THEREFORE, if said Principal is awarded the contract, and within the time and manner required -.:nder the contract documents as specified in the Notice Inviting Bids, after the prescribed forms are presented to him for signature, enters into a written contract, in accordance with the contract :ocuments, and files the two bonds with said City, one to guarantee faithful performance, and the trier to guarantee payment for labor and materials, and the insurance certificates, in accordance with :tie contract documents, then this obligation shall be null and void; otherwise it shall remain in full force and effect. n *re event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay 20 =osts incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the ': :VITNESICONS we have hereunto set out hands and seals this DECMER 21, 1994 77LTI INC. FIRST O CO OF AMERICA ffoFW <7�, By: /-iMuCHAEL A. QU GLEY, O -IN-FACT (SEAL) '4y7i'C:PAL PIER BUILDING BIDDER'S BOND - 1 ACKNOWLEDGEMENT QF SURETY State of California ) I ss County of Orange } On this 21ST day of NOVF,MBER _ _ A.D. 1994 personally appeared MICHAEL A. QUIGLEY before me, a NOTARY PUBLIC (Notary, I in and for Orange County, State of California,known to me to be the ATTORNEY--IN—FACT of the corporation that executed the foregoing instrument, and upon oath, did depose that he is the Officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and forthe uses and purposes herein mentioned pursuant to its bylaws or a resolution of its Board of Directors. '(610h tary Public, edge or other Officer) (SEAL) � J. JOHNSTON Notary PublicCairfornia m OP.A14GE COUNTY N •.:; -' ltAy CorrMISSIOn Exp- 10/22/97 MUNICIPAL PIER BUILDING BIDDER'S BOND - 2 FIRST NATIONAL PO*Y�� Of FIRST CL INSURANCE COM�ANr OF AMERICA ATTORNEY 4333 BROOKLYROt]KLrN AvE NE INSURANCE COWAW OF AMERICA SEATTLE.wASHiNGTON 9810S No. 9589 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint Mail■■■s■■■■r■s■■ssrr■stsrrs■ss■Ouse■MICHAEL A. OUIGLEY, Aliso Viejo. California""■•"•"w•o""""■ its true and lawful attorneys)-in-fact, with full authority to execute on behalf Of the Company fidelity and suety bonds or undertaking$ and Other documents of a Similar character Issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 15th (say of November 1993 CERTIFICATE Extract from the By-Laws Of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: Article V. Section 13. - FOELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary. and any Assistant vice President appointed for that purpose by the officer in Charge Of Surety Operations. shall each have authority t0 appoint individuals as attorneys-in-fact Or Under other appropriate titres with authority to execute on behalf Of the cOrmpany fidelity and Surety bonds and Other documents of similar Character issued by the Company in the course of its business . . . on any instrument making Or evidencing such appointment. the signatures may be affixed try facsimile. On any instrument conferring such authority Or on any bond or undertaking of the Company, the seal. or a facsirrvle thereof. may be impressed or affixed or in any other manner reproduced: provided, however. that the seat shall not be necessary 10 the validity of any such Instrument or undertaking.' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted -My 28. 1970. -On any certificate executed by the Secretary or an assistant Secretary Of the Company setting out. (i) The provisions Of Article V. Section 13 Of the BY-Laws. and (jr) A copy of the power-Of-attorney appointment. executed pursuant thereto. and 0a) Certifying that said power-of-attorney appoimment is in full force and effect. the signature of the certifying officer may be by facsimile. and the Seal of the Company may be a facsimle Thereof I. R. A. Pierson. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby Certify that the foregoing extracts of me By-Laws and of a Resolution of the Board of Directors of this Corporation, and of a Power of Attorney issued pursuant hereto. are true and correct. and that both the By-Laws. The Resolution and the Power of Attorney are Still in full force and effect. IN WITNESS WHEREOF, I nave hereunto set my hand and affixed the facsimile seal of said corporation 1111s 21ST day of NOVEMBER 18 94 S-1049/Es' 1/93 d NO BIDDER'S BOND WILL BE ACCEPTED THAT IS NOT ON THIS FORM AND THAT IS NOT FILLED OUT AND EXECUTED BY THE SURETY AND PRINCIPAL 84DDER'S BOND Richard G. Titus & Associates KNOW ALL MEN BY THESE PRESENTS, THAT WE, dba: T A Construction Firemen' s Insurance Company AS PRINCIPAL, AND of Newark, New Jersey , AS SURETY are held and firmly bound unto the CITY OF HUNTINGTON BEACH, CALIFORNIA, hereinafter referred to as the`City' in the penal BID AMOUNT sum of TEN PERCENT OF/ (not less than ten percent I10%) of the total amount of the bid of the Principal above named, submitted by said principal to said City, for the work described below), in 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, assigns, and successors, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the aforestated sure. THE CONDITIONS OF THE OBLIGATION ARE SUCH that whereas said Principal has submitted a bid to said City for CONSTRUCTION OF NEW RUBY' S RESTAURANT BUILDING ON HUNTINGTON BEACH PIER under Job No. . 93013 for which bids are to be opened in the office of the City Clerk of said City on 12/6/94 NOW, THEREFORE, if said Principal is awarded the contract, and within the time and manner required under the contract documents as specified in the Notice inviting Bids, after the prescribed forms are presented to him for signature, enters into a written contract, in accordance with the contract documents, and files the two bonds with said City. one to guarantee faithful performance, and the other to guarantee payment for labor and materials, and the insurance certificates, in accordance with the contract documents, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this November 3 0 1994 RICHARD G. TITUS & ASSOCIATES D.BD,: T A CONSTRUCTION _ FIREMEN' S INSURANCE COMPANY OF NEWARK . , Principal Surety r3y: �� _ _ By; A yr �. 4—Au- Rlchard", G. Titus , President J es R. Koh1s , AEtorney (SEAL) SSEAL) MUNICIPAL PIER BUILDING BIDDER'S BOND • 1 Firemen's Insu�ce Company of Newa*New Jersey GENERAL POWER OF ATTORNEY Know all men by these Presents,That the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has made,constituted and appointed,and by these presents does make,constitute and appoint Tomes R. Kohls of Orange. California its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority.shall exceed in amount the sum of Five Killion (5,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the Following Resolution adopted by the Board of Directors of the FIREMEN-5 INSURANCE COMPANY OF NEWARK,NEW JERSEY at a meeting duly called and held on the 13th day of January, 1989: -RESOLVED.that the Cluutnan of the Board,the VKe Chaianan of the Board.the PteU&*rt.an Executive VKe Presedera or a senior VKe Nesident n<a Vice President of the Company,be.and that each or"of them hereby is.aulhonredtoexecutePci evnofAttorneyqualifying the attorney named in the given Pow"o(Anotneytocxecuternbehatfofthe FIREMEWS INSURANCE COMPANY OF NEWARK,NEW IE RSFY,bonds.underu4,ngs and all contracts of suretyship;and that an Assistant vice Pres.deni.a secretary or an AsshuM 5eaeury be.and that exh or any of ahem hereby n.auihc+ized to attest the e�iecutrar of any such Power of Anomey.and to anxh sherelo the seal of the Company_ FURThiER RESOLVED,that the signattses of such ofrKen and the seal of 1h a Company may be affixed to any such Power of Anocr e"Lw to any certificate retai,ng ttereto by fxNrrule,and any such Power of Atioaeyor ceriifKate beanng each facsimile sigrulures a facsank seat shall be valid and bindmSupon The Company when so affixed and in the future with respea 10 any bond.undertaking or contrao of wretyihrp to which a is artxhed_.. In Witness Whereof,the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant lice Presidents thisld day of j arua , 19 go ry FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest: By D_L Banta,Assistant VKe President •''^��� Emd B AAe—.VKe Preside* STATE OF CONNECTICUT ) COUNTY OF HARTFORD On thislo day of a r 19 o before me personally came Emil B.Askew,to me known,Who being by me duly sworn,did depose and say that he is a V'-ce Qident of Ile F IRE-MEN-5 INSURANCE COMPANY OF NEWARK,NEW JE RSEY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his narTle thereto by like order. �OP�� srF*S ty�lAAy J a118t / CLORm D SEEKINS �- NOTARY PUBLIC CERTIFICATE my Commnsron Exp.re-March 31.1993 t,the undersigned,an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY,a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney, is now in Force. Signed and sealed at the towel of Farmington,the State of Connecticut.Dated the 3 0 th da of November 1994 • r t. J.penis Lone.Ass+starsi Vice President21 BOND 4315E Printed in U.511 AC NK OW�DG9MENT of-S_U_RETY State of California ) } ss County of Orange On this 30th day of November A.D. 1994 personally appeared James R. Koh 1 s before me, a Notary Public (Notary,Judge,or other Officer)in and for Orange County,State of California,known to me to be the Attorney of the corporation that executed the toregoinq instrument,and upon oath, did depose that he is the Officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said Instrurnont Is the corporate seal of said corporation; that the signatures to said Instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes herein mentioned pursuant to its bylaws or a resolution of its Board of Directors. Notary Publie, Judge or other Officer} Lisa Schulte, Notary Public (SEAL) LISA SCHULTE t? Comm 01019155 Q �• - NOTARY PUBUG CALIFORNI ORANGE COUNTY t7 Comm-Expires March 11.Im MUNICIPAL PIER BUILDING BIDDER'S BOND - 2 \ T Secember 6, 1994, 2:00 PM • CC-91.8 RUBY'S MUNICIPAL PIER Engineer's Estimate $1,140,000 Engineer: Doug Kato BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Adams/Mallory $ b y y i 13,71 2. Alpha Design Group 3. Clark Contractors, Inc. 4. DTEC $ /� /5j 000 , 5. Dennison Electric 6. Executive Construction $ 7. Great West Contractors, Inc. 9� 8. Golden State Framers 9. J. MurrayConstruction S l� 0 r 10. Mission Crest 11. Neko 12. Now Construction Corp. $ / 357� G 0 0 r 13. Roman ECD, Inc. 14. Seloulveda Construction 15. States Link Construction, Inc. 16. T A Construction 17. Varkel Construction, Inc. 4— $ J q5 0 00 $ 18. WE O'Neil Construction Co. $ 19. Woodward S rowl Construction, Inc. end -pen rye t n NO:EICE 1NVITING_SEALED BIDS Gc-9i8 1 ^� Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the MUNICIPAL PIER BUILDING in the City of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on November 8, 1994. A charge of $80, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity Construction of the Municipal Pier Building Lump Sum In accordance with provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, 2000 Main Street, Huntington Beach, CA 92648. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. No bid will be accepted from a contractor who is not licensed (e Class "B" [General Building Contractor's Licensed in accordance with the law, under the provisions of Chapter 791, Statutes of 1929, as amended, or Chapter 17, Statutes of 1939, as amended, or to whom a proposal form has not been issued by the City of Huntington Beach. A pre-bid conference will be held at 9:00 a.m, in Room B-8 of City Hall on November 22, 1994. The meeting will enable the bidders to acquaint themselves with the existing conditions at the Pier, and will give the bidders the opportunity to ask questions. All bidders are strongly advised to attend. Each bid shall be made out on a foam to be obtained at the office of the Director of the Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 p.m, of Tuesday, December 6, 1994. The Bids will be opened and publicly read by a committee composed of the City Clerk and the Director of Public Works or their authorized representative in the City Council Chambers of the City of MUNICIPAL PIER BUILDING NOTICE INVITING SEALED BIDS - 1 end open cue of 11A o IIA7 NOTICE INMITING SEA' ED AIDS Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the MUNICIPAL PIER BUILDING in the City of Huntington Beach, California in accordance with the plans and sped fica ons and special provisions on file in the office of the Director of Public Works. Documents w' I be available on November 8, 1994. A charge of $80, not refundable, will be required for each et of specifications and accompanying drawings. DIRECTQR QF EUSLIC WORKS EST Work Item /4 Quantity Construction of the Municipal Pier Building Lump Sum In accordance with provisions of Section 1773 of the Lab o Code, the State of California, Director of the Department of Industrial Relations shall determine th general prevailing rate of wages, applicable to the work to be done; copies of the latest general we a rate determinations are on file at the office of the City Cleric and the office of the Director of ublic Works of the City of Huntington Beach, California. Plans and specifications, together with proposal orm, may be obtained at the office of the Director of Public Works, City Hall, 2000 Main Street, H tington Beach, CA 92848. No bid will be received unless it is made a blank form furnished by the Director of Public Works. The special attention of prospective bi ers is called to the proposal requirements, set forth in the specifications, for full directions as to a bidding. Substitution of securities for any m nies withheld by the City to insure performance shall be permitted In accordance with provisions of he California Government Code, Section 4590. No bid will be accepted fr a contractor who is not licensed la Class "B" [General Building Contractor's License]} in a ordance with the law, under the provisions of Chapter 791, Statutes of 1929, as amended, or C pter 17. Statutes of 1939, as amended, or to whom a proposal form has not been issued by the ity of Huntington Beach. A pre-bid conferenc will be held at 9:00 a.m. in Room B-8 of City Hall on November 22, 1994. The meeting will enabl the bidders to acquaint themselves with the existing conditions at the Pier, and will give the bidders a opportunity to ask questions. All bidders are strongly advised to attend. Each bid shal be made out on a form to be obtained at the office of the Director of the Public Works, Developme t Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City C1er at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, alifornia, on or before 2:00 p.m. of Tuesday, December 6, 1994. The ids will be opened and publicly read by a committee composed of the City Clerk and the Director of Public Works or their authorized representative in the City Council Chambers of the City of MUNICIPAL PIER BUILDING NOTICE INVITING SEALED BIDS - 1 NOV 08 194 17:28 ANTHONY AND LANGFORD ?02 P03 Huntington Beach immediately after the Bid filing deadline. The results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting held on Monday, December 19, 1994, at 6:30 p.m. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and award of contract shell be acted upon by said City Council at that meeting. The City of Huntington Beach reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the city of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this November 7, 1994. ATTEST: Connie Brockway City Clark MUNICIPAL PIER BUILDING NOTICE INVITING SEALED BIDS - 2 i Total Bid Price:1.146& /A,-!1. yin 00d ' /7(,x[A rip_ AL (Amount Written in Words) s � � coo d4 1rlAgkkr - Contractor ALTERNATE BIDS Alternate Bid No. 1 - Contract Time, if the Contract Time for completing the work is 150 consecutive calendar days, add to the total bid the following sum: Y 01 ,r �� � s J 299 dd o� (Amount Written In Words) (Amount in Figures) Altemate Bid No. 2 - Contract Time, if the Contract Time for completing the work is 120 consecutive calendar days, add to the total bid the following sum: , l�, 3351 006 °� (Amount Written /n Words) (Amount in Figures) RECEIVED Bic 6 2 'f c s x iL H LU L tAJ • w� yr.; � r W - x U LAJ - 2 MUNICIPAL PIER BUILDING BID PROPOSAL - 3 $I✓ HE. . ITEM DESCR1P T IC i ✓ !neral Requirements . r. ; : . f ncrete Work lctural Steel al Fabrications V ientry fork Ong Fetal Lion ` )oors and Frames um Windows and ant - , }ardware - id Glazing r•. r j ' 1 ' �` r✓' Plaster Wallboard r :eilings `ring • is ` " - - s 4 - nJ n 4 '4 + V z)gecialves 23, Plastic Doors 24, Plumbinq o Chapter Work State _-..-t! No. Subcontracted Subcontractor Address and Phone License No. 1 22 # gmpm= Vatia-al (714) 45E-8300 LMEM Hals 482457 B.iil hM Lmulat Xn Ditteroe ans. (714) 994--4610 BEM Panic 521507 Gamic Tile R3of Dtj0:-i cr Cats (213) 799-1250 Ics Arrales 589473 in the Neal g2M/FYams -'--_-- will Said the work FZ Aittmated Swb rs (909) 628--3020 Crn of a ire ofLath & Plaster Vatk2l 71 Hills -37 GApam_M 1 l hrarrl Ride Hart t Lkyuall (714) 859-3448 IagLm Hi-Us ' QEraluC Tile LtRric r Cats (213) -199-1250 Los Argales 589473 Amy;timl Dili= Grani li-taLlatirn (714) 898-0440 Rxtirrjtcn BaadZ 30TI67 IunffsAAmts UE sleet t6tt (818) 3014166 Ir nft 1 e 653979 Q aQL= Ate Eleratz' (714) 834-0477 axtar lc Lre P atectirn Varlael (714) 4%--8+300 L3;tm HMs 487452 PlLffbim Satth&me Plud)rg (714) 361-1033 San Qaaa-to 989254 HVPC Sty' Air Oxd. (714) 539-1712 Gu-dm Grote 254618 n Pr±i o l Daiidc Electric 1-800-696-0525 Fl d1 Piitm 501 684 - = = FU lerton 501584 to - 6 MUNICIPAL PIER BUILDING BID PROPOSAL - 7 } i ' BID PROPOSAL _ Varkel_ Construction, Inc. Firm's Name i I To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the Notice Inviting Sealed Bids for the CITY OF HUNTINGTON BEACH I MUNICIPAL PIER BUILDING I hereby propose and agree to enter into a contract to perform the Work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for said Work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach. California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. i For the furnishings of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications, and special 1 provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California. I propose and agree to take full payment therefore for the following bid: I I MUNICIPAL PIER BUILDING BID PROPOSAL - 1 ti It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the Contractor's compensation The will be computed upon the basis of the actual quantities in the completed work, whether they be more or less that those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the Contract time limit allotted for the Contract is 180 mosecutive calendar days 1, If awarded the Contract, the undersigned hereby agrees to sign said Contract and furnish the necessary 2, bonds within ten (10) days of the award of said Contract, and to begin work within ten (10) from the date of approval of the Contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be 3. encountered as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the 4. Contract. Accompanying this proposal is Bid Bond ($10% of bid). NOTICE: Insert the words `Cash`. 'Certified Check', or 'Bidder's Bond', as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a Contract for doing said Work and to furnish good and sufficient bonds in the form set forth in the specifications and Contract Documents of the City, with surety satisfactory to the City within ten (10I days after the Bidder has received written notice of the award of the Contract; otherwise said security shall be returned to th and rsigned. Licensed in accordance with an act providing for the registra ' of/ License 482457 / Signature of Bidder 23141 La Cadena Dr., Unit L Business Address Laguna Hills, CA 92653 Place of Residence na Beach Date this 6th day of December , 1994 Bidder shall signify receipt of all Addenda here, if any: Addendum No, Date Received Bidder's Si ng attire I _ 12/1L4**Date of Addendum 11/29/94 Aw ryil]IH MUNICIPAL PIER BUILDING BID PROPOSAL - 4 ' schedule INFORMATION REQUIRED OF BIDDER oensation The bidder is required to supply the following information. Additional sheets may be attached if y be more necessary. If requested by the City at any time, the bidder shall furnish a notarized financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of his current financial condition. :tract is 1. Name of Bidder: - Varkel Construction, Inc. lecessary 2. Address of principle place of business in California: from the 231.41 La Cadena Dr., Unit L . ans and Laguna Hills, CA 92653 shall be ,s to be 3, Telephone: (714) 458-8300 -itities of and the 4. Type of Firm: 1. 0 An individual doing business under their own name. )e, in an ❑ , an individual doing business under the firm name of: 3each. shall be oted by 1+ A firm or corporation, the names of all individuals or copartners composing the same ;h good being as follows: -ie City, atice of Firm Name Varkel Construction, Inc. ;e No. Member(s) Snaier Z. Varkel Benjamin Varkel w shulamit Varkel 1 A corporation, the name, state of incorporation and officers and their titles of which are as follows: Corporation Name. Varkel Construction, Inc. State of Incorporation: California Officers' Titles: President - Snaier Z. Varkel Secretary/Treasurer - Shulamit Varkel Benjamin Varkel - Vice President MUNICIPAL PIER BUILDING BID PROPOSAL - 5 _ . 4 S. The undersigned person or company is licensed by the State of California pursuant to Chapter 9, Division 3 of the Business and Professions Code under State Contractor's License No. - 482457 to perform the work hereinbefore described. 8. Number of years of experience in projects of this type: 40 7. Bidder's Statement of Financial Responsibility, Technical Ability and Experience: (The bidder is required to state what work of a character similar to that included in the proposed contract he has recently successfully performed and to give references which will enable the City Council to judge his responsibility, experience, skill and business standing. Said references shall include the name of the supervisor responsible for the acceptance of the work - performed.) The undersigned submits herewith a statement of work that has successfully been performed of a character similar to that included in the proposed contract: Contract Type of Date Name and Address Name of Amount Pro'ect Completed of Owner Supervisor Fcmabl ti.Q. City cif t Beach $ W. _ _ .C --, 1991 — —— Elaxt **LEtter of t cn attached $1,200,0000.00_ _ New ftgLa= 1988 "miry Arch- 7rf n Mr M zza Iani-0 Santa. NUrg�lcYta $1,6000000.00 Nv w wry 1994 ,7oirit Verthre Nhhe K,agi _ Ftod Service Facilities RAerhsalth Fbuldatzcn $2, 8. Person who inspected site of the proposed work for your firm: Sn ai(r Z. Vadel Date Inspected: 11/22/94 9. Bidder's Designation of Subcontractors: (Any subcontractor doing work in excess of one-half of one percent(1/2%) of the total bid shall be designated on this form.) The undersigned certifies that he has used the sub-bids of the following listed subcontractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the contract documents. Work State Subcontracted Subcontractor Address and Phone License No. Cast-t-l-Plate =. Vaticel (714) 458-8.300 I210 Hills 482457 _Y sbnx_ l 5t�1 LNited Irm (909) 9B3-7077 Ontario 311276 cn,]E al W-tal orrogurital 222E. (213) 321-4651 Glrci�a 107788 DTI lJ1V1 MUNICIPAL PIER BUILDING BID PROPOSAL- 6 March 11 , 1993 [____T� --) l l ie Blur ock Partnersliip General Mills Restaurants , Inc. P.O. Box 593330 Orlando, Florida 32859 Attention: Construction Department Re: Varkel Construction, Inc. To Whom It May Concern: At the request of Mr. Srlaier Z . Varkel , I respectfully submit this letter of recommendation . I am the President of the former firm of McMurray Sands Architect, Inc. While our firm was active during 1907, we were the Architects of record on the Tortilla flats Restaurant in Irvine, California. We were responsible for Design and Construction Administration of the project" Varkel Construction , Inc:. was awarded the contract to perform General Contracting services from the ground upwards for a contract amount in excess of one and one--quarter million dollars ($1 , 250, 000) in 1907 dollars . At that time, Varkel Construction, Inc. had a competent and reliable team of spec iallst- technicians for each and every please of the construction work. Their workmanship was of a fine quality and their costs were fair, reasonable and competitive. I, my Partners, and our Client felt their services to be professional and satisfactory. 1' Have no reason to believe other than that the quality of Varkel Construction's services have only increased in reliability and competence since 1907. Should you desire additional discussion, please contact me at 714/673-0300. Sincerely, THE DLU 'K P1UItUNERSHIP John W. McMurray, AIA Senior Partner, Exeeut' v Vice President JWM/tm . cc: Snaier Z. Varkel Judd os aml MnImms/7.JU11 mmlmdl 1hndff�v:31(1/1lpwppil Dusich/CA 97GGJ/(1141613.0300/FAX J714)673-920 EVERHEALTH a FOUNDATION 8000 South Painter Atenue, Wbittier, CA 90602 December 6, 1994 RECEIVED DEC - 6 1994 M.~. Doug Kato City of Hunt^ngton Beach VARKEL CONSTRUCTION INC. 2000 Ma'_n St . Huntington Beach, CA 92648 RE : Varkel Construction, Inc . Dear Mr. Kano: Everhealth Foundation owned and operated several convalescent and retirement facilities . Since 1-982, this organization has entrusted Varke:: Construction, Inc. with a! of our major construction, remodel work and additions to our facilities . Varkel Construction, Inc. has been responsible for the design and construction of our dietary -kitchens, dining rooms and laundries . The have installed new roofs, air conditi.oni.ng and heating re?lacements; and made improvements to our patient nursing areas . All of the above are extremely funcrlonal and durable. I can state all proyects were finished on time to budget or below i)udget. Without arty hesitation, I am pleased to endorse Varkel. Construction, Inc. as a competent and reliable general construction firm. If you have any questicns or reed any additional in-ormation, please feel free to contact me. Sincerely, J 'J� Ivan. S . Davidson Chief Financial Officer ISD/aw Everheallh Foundation is at:independent,non profit organization established in 1962 ,Nichuel B. Lopez, PresldenA CE0 (310)945-2861 r CERTIFICATION OF CONTRACTOR IN AC!ZQRDANCE WITH LABOR CQQE SECTION 1?31 I am aware of the provisions of the Section 3700 of the Labor Code that requires every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provision before commencing the performance of the work of this contract. - AS Varkel Cons ct i on Tnc. o actor sum By: r President Title bind In no THE - said uiIde on __ NOW __J_ unaei V u Iftr and In all Cnur IN By: mun MUNICIPAL PIER BUILDING BID PROPOSAL - 10 f .,Da2506 DEC 1, 5:22PM 9966 P.O? ADDENDUM NO, 1 TO THE PLANS (DRAWINGS) AND SPECIFICATIONS 11.29-94 FOR MUNICIPAL PIER BUILDING 1N THE CITY OF HUNTINGTON BEACH, CALIFORNIA E�E�v �v INC The attached additions, changes, and for deletions shall, by this Addendum, be incorporated into the Contract Documents as though fully set forth therein. * FRCM:PUBLIC FORKS Tip 71445e2506 DEC 1• 10 5: 19PM tt966 P.02 PAGE TWO M DRAWING A4.1, hoof Plan- Delete Tivoli lighting from low roof and low fascia only_ 12. DRAWING A5.), Keynote 09.1 -Ceramic Tile to be 8"square per Finish Material List callout#t I. 13. DRAWING S4,Structural Steel Note##10 and Welding Note ttl - The contractor shall arange for and bear the casts of special inspections required for all high strength bolting and welding. lnpections shall be by a registered deputy inspector and/or certified laboratory and shall require an approval by the City. 14. DRAWING M2.1 -Revise mechanical ductwork size and location over the Kitdren area as indicated on Sketch M2.1 Rl attached. 15. Drawing P2.1 - Provide roof drain and overflow drain in low roof well above Take-Out Area. Run 3"R.D.and O.D.down in furred space east of column 71.6!C; R.D. to spill through bottom of pier, O.D.to spill to pier deck.Also connect 3" storm drain to gutter and run down in c6umns73.6/A and 73.6/E. See Drawing A 12.5 for clarification of drain pipe locations located in column furring. 16. Drawings FS.01 through FS.05.1 (sheets 43 through 52 of 52) - TheseFood Service Equipment Drawings art for informational and coordination purposes only. The work required by these drawings,not sho%%m elsewhere in the dicuments,will be bid independently as tenant improvements. RECEIVED UEC - t1994 YAWL CONSTRUCTIM INC. FROM:PUBL-1 C •.dORKS TOW 7144SB2526 DEC 1, 10 5:2Lr=M :3966 P.03 • , 1 ,k� I -I III D �•\ I..i �'�� I I �'I � I LI�aH"�► f2- owi , I� I I�Z'71•IK. ���� MAI5TER I.� � /, !mil I � , , uuc*-R ��_ �y� 3> 1 S F°� -v f 1= ;-y; •2gx12 . ' 1 RECEIVE 2ox�Gr U E C - 1 1994 - TION INC. ANTHONY AND SHEET TITLE 0��PW P T Worth DRAWN BY JOB HO. LANGFORD AIA -•• MP�I-�-I Imo- ��1�71.�/�� �� ��I� ARCHITC-CTURB - PROJECT TITLE DATE SHEET NO. G1NL11:lNG • PLANNING CITY OF HUNTINGTON BEACH M2, I 14152 o.w,ai.e..s.a,.70I• RUBY•S RESTAURANT REVISION I Fh.nt fto how'.C.G ro,ni.02CA7 M.ew 4ur+w 070H r7����'a-Iol4 FRC".'=`_�``r WeRKS Tim 7144562506 DEC _ 5:20 «S66 , .04 RECEIVED Utz - 1 1994 Ruhy's Restaurant - Huntington Beach Pier vARgEi.CONSTRUCTION INC. ANSI A117.I - 1992 ACCESSIBILITY REQUIREMENT FOR LIMITER-USEILIMITED- APPLICATION ELEVATORS (See Complete Text for Referenced Figures) 4.10.4 Elevators - Limited-Use/Limited-Application. 4,10.4.1 General. Accessible limited-use/limited-application elevators shall comply with 4.10.4 and ASME/ANSI A.17.1., Part XXV. 4.10.4.2 Automatic Operations. Elevator operation shall be automatic. Each car shall automatically stop at a floor landing within a tolerance of 112-Inch (13mm) under rated loading to zero Ioading conditions. 4.10.4.3 Call Buttons, Call buttons in elevator lobbies and halls shall be centered at 42" (1065 mm) above the floor. Such call buttons shall have visual signals to indicate when each call is registered and when each call is answered. Call buttons shall be 3/4-inch (19 mm) minimum in the smallest dimension. The button that designates the up direction shall be located above the button that designates the down direction. Objects located beneath hall call buttons shall protrude into the elevator lobby 4" (100 mm) maximum. 4.10.4.4 Hall Signals. A visual and audible signal shall be provided in the car or at the hoistway entrance to indicate the direction of travel. The visual signal shall be visible from the floor area adjacent to the hall call buttons. Audible signals shall sound once for the up direction and twice for the down direction, or shall have verbal annunciators that state the word up or down. Visible signals shall have the following features: (1) Hall signal fixtures shall be centered at 72" (1830 mm) minimum above the lobby floor, See Figure B4.10.1. (2) The visible signal elements shall be 2-1/2-inch (63 mm) minimum in the smallest dimension. (3) Signals shall be visible from the floor area adjacent to the hall call button. 4.10.4.5 Tactile Signage on Hoistway Entrances. Raised character and Braille floor designations shall be provided on both jambs of elevator hoistway entrances and shall be centered at 60" (1525 mm) above floor. See Figure B4,10.1. Such characters shall be 2" (51 mm) high nominal, and shall comply with 4.28.6 Entrances, and shall be centered at 60" (1525 mm) above the floor, See Figure B4.10.1. Such characters shall be 2" (51 mm) high nominal, and shall comply with 4.28.6 Entrances, 4.10.4.6 Doors. Elevator hoistway doors shall be either swinging or horizontally slide type. Elevator doors shall open and close automatically. Horizontally slide type hoistway and car doors shall conform to 4.10.1.6. Swinging hoistway and car doors shall conform to 4.13, Swinging doors shalt be low energy, power-operated and shall comply with ANSI/BHMA A 156.10. Power operated doors shall remain open for 20 seconds minimum whcn activated. Page I rRGM �'JHL;C WORKS TO�- %_44t)o __. 4.10.4.7 Inside Dimensions of Elevator Cars. Elevators cars shall provide a clear floor space in conformance with 4.2.4. Car doors shall be positioned at the narrow end(s)of the clear floor space. The clearance between the car platform sill and the edge of any hoistway landing shall be 1-1/4-inch (32 mm) maximum. 4.10.4.8 Floor Surfaces. Floor surfaces in elevator cars shall comply with 4.5. 4.10.4.9 Illumination Levels. The level of illumination at the car controls, platform, and car threshold and landing sill shall be 5 footcandles (53.8 lux) maximum. 4.I0.4.10 Car Controls. Elevator car controls shall have the following features: (1) Buttons. Control buttons shall be 3/4-inch (19 mm) minimum In their smallest dimension. Control buttons shall be raised, flush or recessed. Control buttons shall be arranged with numbers in ascending order. (2) Tactile Designations and Visual Indicators for Control Buttons. Designations for control buttons shall comply with 4.28.2., 4.28.5. and 4.28.6. The call button for the main entry floor shall be designated by a star. Raised and Braille designations for control buttons shall be placed immediately to the left of the button to which the designations apply. See Figure B4.10.1.12(c). Floor buttons shall he provided with visible indicators to show that a call has bee registered. The visible indication shall cease when the call has been answered. See Figure B4.10.1.12(a). (3) Height. Floor buttons shall be located 48" (1220 mm) maximum above the floor. Emergency controls, including the emergency alarm, shall he grouped at the bottom of the panel. Emergency control buttons shall have their centerlines 35" (890 mm) minimum above the floor. See Figure B4.10.1.12(b). (4) Location. Controls shall he located on aside wall. 4.10.4.11 Emergency Communication. Car emergency signalling devices between the elevator and a point outside the hoistway shall comply with ASME/ANSI A 17.1. The highest Pan of a two-way communication system shall be 48" (1220 mm) maximum above the floor. If the device is located in a closed compartment, the compartment door hardware shall comply with 4.25. The device shall be identified by raised symbols and lettering complying with 4.28 and located adjacent to the device. If the system uses a handset, the cord from the panel to the handset shall be 29" (735 mm) long minimum. The car emergency signalling device shall not be limited to voice. communication. If instructions for use are provided, essential information shall be presented in both tactile and visual form. RECEIVED DEC - 1 1994 VARKEI_CONSTRUCTION INC- Page 2 FROM:FUBLIC WORKSTMF— 1144582506 DEC 1. 4V 5:22PM 9966 P.06 ADDENDUM NO I - ':MUNICIPAL PIER BUILDING IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA. All bidders shall acknowledge the receipt of this Addendum with their proposal. These revisions do not change the Engineer's Estimate or the Bid Opening Date/Titne for this project. Should you have any questions regarding this Addendum, please call Doug Kato at (714) 536-5214. City of Huntington Beach Doug Kato Principal Engineer I have reviewed Addendum No. I dated 11-29-94. I understan tat a f Addendum No. I shall be included in the bid documents. Varkei Construction, Inc. Company Namc By Dec x 6. 1994 Date RE�E�vE� ptC _ 1 i99� V p��L CO�SRIlC�ION 1NC 10. Neither the undersigned bidder nor its officers, agents, or representatives have in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder or with any public officer of the CITY OF HUNTINGTON BEACH, whereby such bidder has paid or is to pay to any other bidder or public officer any sum of money, or have given or is to given to any other bidder or public officer any sum of money, or have given or is to give to any other bidder or public officer anything of value whatever, or have directly or indirectly, entered into any arrangement or agreement with any other bidder which tends to or does lessen or destroy 1' free competition in the letting of the contract sought for by the attached bid: no inducement of any form or character other than that which appears upon the face of the bid will be 2 suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract thereon, nor has the undersigned any agreement or understanding of any kind whatsoever, with any person whomsoever, to pay, deliver to, or share with any other person in any way or manner any of the proceeds of the contract sought 3' by this bid. 4. 1 hereby certify under penalty of perjury, under the laws of the State of California. that the foregoing is true and correct. 5 Name of Bidder: Varkel Construction Inc. Signature of Bidder or Authorized Representative: 6. Title: Presidgrit 7. Dated: 12 5 99 and ATE lY1l l,\ MUNICIPAL PIER BUILDING BID PROPOSAL - 8 any way, NON&ULUSION AFFIDAVIT -INQ BE EXECUTED BY 1110DERAND SUBMITTED WJIM BID - or with paid or is given to Snaier Z. Varkel , being first duly sworn, deposes and says: any other J Into 1. That he or she is President of Varkel Constructionthe party making the do stray foregoing Bid; Inc. will be 2. That the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation: - - or -- to, or 3 That the Bid is genuine and not collusive or sham; _- sought 4. That the Bidder has not directly 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 foregoing of anyone else to put in a sham bid, or that anyone refrain from bidding; 5. That the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed contract; 6_ That all statements contained in the Bid are true; 7- That the Bidder has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, bid depository, or to any member or agent thereof to effective a collusive or sham bid; I declare under penalty of perjury, under the laws of the State of 'fornia, a he foregorn and Correct. 47TACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. 1 iICIPAL PIER BUILDING BID PROPOSAL - 9 -...nAl .�V Jr• STATE OF CALIFORNIA SS. COUN-TY OF ORANGE. On NOVEN$ER 21, 1994 before me. J. JOHNSTON PERSONALLY APPEARED SNAIRE Z. VARKEL 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 acknowl- edged to me that he/she/they executed the same in his/ k her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instr=ent the person(s), or the entity upon behalf of whic;-i the person(s) acted, executed the instrument. J. JOHNSTON •� Yt'�`: C,Q&iM-ut(}07524 D to ==._ Nataly Public California M nIiti WESS my hand and official seal, pC D= cn Q ORANGE COUNTY �s✓ .;, :• ijp Commission ExP- 10122f97 Sign This area for Offca! Notanal Seal OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the oocument and could prevent frauclulent reattachment of this `orm_ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT C INDIVIDUAL L._ CORPORATE OFFICER TITLE OR TYPE CF DOCUMENT rrrLEfsl ❑ PARTNER(S) LIMITED T� GENERAL ❑ ATTORNEY•iN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING. NAME Of PERSON(S)OR ENnrVoESI SIGNERfS)OTHER THAN NAMED ABOVE :ALL-PURPOSE ACKNOWLEDGEMENT DEC - F• - a -; T1_IE 1 4 = F: � l_ r_. i_��VJ 'S� TF-- 1I I 11c SCHEDULE OF WORK AND BID PRICES NAME OF SUBCONTRACTOR rTEN1 NO. 1TEM DESCFt1PT10hi ANDJOR MATERIAL SUPPLIER TOTAL I. General ReQuirements 68 000.00 - 2. Concrete Work 13,250-QQ 3. Structural Steel 1 4. Metal Fabrications 10 000.00 S. Carpentry 180 000.00 $. Millwork 3,500.00 1 7. Roofing 861000.00 8. Sheet Metal 5,500.00 £. Insulation 3,800.00 10. Steel Doors and Frames 6,300.00 1 1. Aluminum Windows and Storefront 24,000.00 12 ill]-,! 10s 1- 13. Glass and Glazing '000.40 14. Lath and Plaster 25,XQ.Q0 15. Gypsurn Wallpoard 16. Painting 12,000.00 17, Tile _ 31,000.00 I is. ACoustiC Ceilings 18,500.00 19. Wood FloohriQ . 20. Elsvator 16 000.00 21_ Handrails 18 .00 22. Specialties 22,000.00 23. Plastic Doors 10 5W.00 24 Plumbing 110,000.00 25 H V A C 129 000.00 F233.. Fire Protection 13 800.00 Electrical: General 170,000.00 Fire Alarm System 5,000,00 Overhead and Profit �'� S M(JNICIPAL PIER BUILDING 810 PROPOSAL - 2 . 1 f VARKEL CONSTRUCTION, INC. , 23141 La Cadena Dr., Unit L LAGUNA HILLS, CALIFORNIA 92653 SEALED BID ENCUJSED City of Huntington Beach �\ti Municipal Pier Building Deliver to: City Clerk/Civic Center 2nd Flr. Administration Bldg. w n 2 000 Main St. i Huntington EIcach, CA , ' ch l H J T N-J � 4.I rl .. ,�J►.F,q�71��iti;n:r' r r t r 11,,}rF•`i i i %;�- '�h' 1 I +r Nix -I A_ 'llt��,l�k��!'rf�/(.L/.P�!r,/—I I I I •`� I FI I F Cr t IC RELEASE OF STOP'NO ICE a r . i n•:r• .ry,r,$F r+'.• m rail Ir+r:r n•r1.li wirl•-+r•rn 51� l'n r7r•irr.: - ���� are.6reby notified 111M PIP nnllplsinned r:lainrult releases that certain Stop FJnticn dated j; in tfi 'fount of$- -/0 !30 •. j :art�in�t - — ---- ---- --- r: s otn r or ablic body and �IG�t�ICfJ� 0� r jv1C�-lr-us- I j hs A Cori etor fn ronner.Gcm with Ilse rrlrlik (1r impirlvemrml hewn • I q r- -� -- I � In tfib My of_-. Colnly of Slat!of California 09.6 -- ' I � t-l:,rn^ „I nail „nt � �.--�------ - . I � rrr�r+-•.a�•wl { fly -- — --- ----- S�lB=BED AND SWORN TO BEFORE ME /+f j5•anat•re) YIDS DAY OF_ 19� /,1�4: - �g f" RICHARD W.LEVY NOTARY PUBUC '.,,Y COMM 0086865 VERIFlCA�IUIJ i ."�: Notary Public—CoM mio > ORANGE COUNrY I i i My Comm.ExOes MAP 7.1997 �" ��.._.... ,-. .-- -------_ --- - -- - ��- � --- fc� i.,5gnnl ia- I',na:'+�•rl,rr� -M1 I:9r1-R••n1' •(larwr 01.a:C 1 the Ifall61 named In the lower Hio ftrlr;rSr, I Ira:r rr;rl icl fjplrasfl of Flnp f lntirr, and know Ilm Contents therenf, and I certify thili the 9bnllIe Is true of my owe lcnn'•rlerlr�r. tfertify ter declare} modes fwcralty of p!-ijr_;ly mirivr tilt Ilws (if the S1.11r: of L•�iifnnria tl+al the fo►egolnq Is true and correct. t Star. 1 - rt;, .. -:.v•n,1„rj,-1.+A An'ntr i � h � k011J}IfiSfflRUem..w!EA:rrr,mrrY��r' ,,:•rr,sr, r,i r ..� r.ri ,y ., rr ,,,rF, .�...,..,rr,i,gis,e7pCNr4 �4t M3+�G r:N tSli'gr.t' •rr q...,i,,, .�5.,. i., ,rti„•ter ro4 Cc,> ,.r.,d E-r: r-•:,,s n,ns'a 6'lrMa IkI I I 1 fIII - ' -_ �ti. _... � -,a-�r:"t�ao-.,n :.r,. , rq..- �..,...{,�r!MN�•r,..-s!n 1 � 1 i I�I����: - 7 11116777t; 3989$ J. 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BEFQRE ME' �''• ;! ; TH AY OF19Q'� ; RIChIARDw.I�w }; COMM.#986865 z i 'o: Notory Public—collrornro ` NOTARY Plf6LlC ORANGE COUNTY ! I I I My Comm.Expires MAR 7. 1997 CITY 4F HUNTINGTGN BEACH 2 0 0 0 Main Street P - 0 . B o x 1 9 0 C a i l f o r n 3 a 9 2 6 a 8 Les M. Jones 11 Public Works Department Director (714) 536-5431 August 1, 1996 Lisa Romero Dal- Tile Corporation 2051 F. Howell Anaheim, CA. 92806 Subject: Claim Against Final Payment Ruby's Restaurant, Huntington Beach Pier, -CC-918 Dear Ms. Romero: The City of Huntington Beach is in receipt of your claim dated July 18, 1996, in the sum amount of S 10,930.14. The City will retain funds until settlement is determined. If you need additional information, please call me at (714) 536-5317. Sincerely, l- . F. Miller -- Construction Manager 3 L; JFM:ram y �1 CC: Joseph Barron, Deputy City Attorney ` J Corres. File, CC-918 DO C.A203331V t Dal-Tile Corporation 2051 E . Howell Anaheim, CA 92806 (714) 634-2546 Fax : (714) 634-4157 CLAIM AGAINST PAYMENT OR LIEN BOND; AND CLAIM AGAINST FUNDS HELD IN TRUST OWNER OR PUBLIC AGENCY GENERAL OR PRIME CONTRACTOR CITY OF HUNTINGTON BEACH VARKEL CONSTRUCTION 1 MAIN STREET 23141 LA CABANA DRIVE UNIT L HUNTINGTON BEACH , CA 92653 LAGUNA HILLS, CA 92653 BOND OR LIEN CLAIMANT LENDER, SURETY OR BOND COMPANY Dal -Tile Corporation 2051 E . Howell Anaheim, CA 92806 REF : Acct . or Bond # : TO ALL BONDING COMPANIES, SURETIES , PRINCIPAL CONTRACTORS AND OWNERS OF THE PROJECT : Notice is hereby given that we are the claimant furnishing labor , services , equipment or materials of the type described on the enclosed lien claim for the work of improvement known as the RUBY ' S RESTAURANT project , located at ON THE PIER, HUNTINGTON BEACH CA, for which you are one of the known lenders , bonding companies or sureties . Specific contract information , if any, is attached . Such labor , services , equipment or materials were contracted for by CORBIN ENTERPRISES , INC. 1440-1B STATE COLLEGE BLVD, ANAHEIM CA 92806 , who is one of the contractors or the General Contractor of this job . There is due to Dal -Tile Corporation the sum of $10 , 930 . 14 which has not been paid . This is to notify you that in the event payment is not made in full to our company suit will be brought against the sureties of this project for recovery of said sum. The time of the commencement of performance of labor or the furnishing of materials was 04/10/ 96 . The time of the cessation of performance of labor or the furnishing of materials was 05/15/96 . The date the debt became due is 06/01/96 . Please acknowledge receipt of our claim and advise us how soon it will be paid in full . If you have any questions , please feel free to call me as soon as possible . Dated: 07/18/9 By : isa mero, Cre t'Manager / Credit Dept . Dal -Tile Corporation (714) 634-2546 Fax : ( 714) 634-4157 i I 0 I i i r 20�i1 East Howell Ave _ Anaheim, CA 92806 P 032 4 31 0 0 3 / 5 s:1lGE _ 92'A �_� l:L ?11M.-f 3dt;val RECEII- Y --.....000587.. . REQUESTEO . � 1 nu LJOCITY OF HUNTINGTON BEACH L01V INTER-DEPARTMENT COMMUNICATION HVnMkcTCW UAc„ TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 1CC RECT��Ei N PAY. III�tNT.4 CS(' O - - 6 DATE: �-2N 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 1 0% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. �_ 6AN T. ILLELLA, Director of Finance �top noticps are on file. own th��ubject at r i time_ �f N( r; Date- LES JONE -Pu is Works Director certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date-. ,6 CONNIE BROCKWAY, Clerk certify that there are no outstanding invoices on file. Date: SHARI FRIEDENRICH, City Treasurer 0011042.01 07/18/96 10:46 AM L. CPY OF HUNTINGTO� BEACH. INTERDEPARTMENTAL COMMUNICATION TO: Wayne Lee Accounting Officer {� FROM: Jack Miller Construction Man ger SUBJECT: Retention Payme V kel Construction Co. Inc. ; CC 918 The City is holding retention funds in the amount of$ 132,826.99 on this contract. The retention payment for Varkel Construction is due Monday. September 30, 1996. Varkel will be anxious for a check. Stop Notices and claims have been filed and are still outstanding. The amount of the claims plus twenty-five percent should be held by the City until releases or settlements have been received by us. The amount to be withheld from the retention payment to cover the claims is $ 41 t tanding claims are listed below. Dal-Tile Corp. $ 10,930.14 Calcon Electric $4,934.57 Denick Electric $22,679.00 Sub Total $38,543.71 Additional 25% $9,635.29 0 _ b Total $48,179.00 r' Reviewed FoeBarron:,:_Depu_ty date �!-1 �� City Attorney AF �; T GA _ 0 :^C, By EpL`V�i� JFM:jfm �i��;,�.�• cc: Joe Barron, Deputy City Attorney 0 0 VARKEL CONSTRUCTION, INC. "�"'�_""'S' GENERAL BUILDING CONTRACTORS 23141 LA CADENA DRIVE, UNIT L ' LAGUNA HILLS, CA 92653 • PHONE: (714) 458-8300 September 25, 1996 Jack Miller, Construction Manager City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 RE: RUBY'S RESTAURANT ON THE PIER - CITY OF HUNTINGTON BEACH VCI PROJECT# 950505 CHB CONTRACT# CC - 918 DECLARATION OF SATISFACTION OF CLAIMS Dear Jack= Attached please find the Declaration of Satisfaction of Claims, duly executed. Please note this document includes the Stop Notices filed against the above captioned project Trusting same meets with your approval Very truly yours, Varkel on truction, Inc. Snaier Z. Varkel President SZV/m m cc: Robert Martinez declare doc FAX: (714)458-2506 DECLARATION OF SATISFACTION OF CLAIMS I, Snaier Z. Varkel, President of Varkel Construction, Inc. state: 1_ We are the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Ruby's Restaurant, Huntington Beach Pier- CC-918 and dated .Tune 23, 1995. 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: Calcon Electric Supply, Inc. $ 4,934.57 Denick Electric $22,679.00 - Includes Calcon Electric Supply, Inc_ - $4,934.57 Dal Tile $10,930 14 1 declare under penalty of perjury that the foregoing is true and correct. Executed at Laguna Hills on this 25th day of September, 1996. Snaier 2. Varkel, President Varkel Construction, Inc. declare doc ✓A goo,Pe City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, CA 92648 Attention: Subject. Certification of Compliance with T:t!e VIl of*he Civi! Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen- The undersigned, contractor on: Proiect No. CC-918 -_Ruby's Restaurant; Huntington Beach Pier hereby certifies that this office is in receipt of Certified Payroll Reports from all subcontractors who have employed all laborers, mechanics, apprentices, trainees, watchmen and guards performing work under the contract on the project demonstrating they have paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to t wa a e pai the best of our knowledge_ Signature and Title CONFORMED COPY vA EaG, a 004 COMPaw with Drf.iesl Recorded In the County of Orange, California Gary L Granville. Clerk/Recorder WHEN RECORDED MAIL TO. II�IIIlllli;I!�IIIIII'Illl�i��l!Rllli,IIIIIIIiII'I�IIII��I�II No Fee CITY OF HUNTINGTON BEACH Office of the City Clerk 19960430 86 2.34pm 08/26/96 P O Box190 005 14005924 14 23 Huntington Beach, CA 92648 N 12 1 7-00 0.00 0-00 0.00 0.00 0.00 NOTICE: OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach. CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Varkel Construction who was the company thereon for doing the following work to-wit Ruby's Restaurant,New Construction; CC-918 That said work A-as completed Au4,76st 19, 1996 by said company-according to plans and specifications and to the satisfaction of the City Engineer of the Cite of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,August 19, 1996. That upon said contract Washington International Insurance Company was surety for the bond given by the said company as required by laxv. This document is solely for the official business of the City of Ilunungion Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge_ Dated at Huntington Beach, California, this 21st day of August, 1996_ City Clerk and ex-olficio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach } 1, CONNIE BROCKWAY. the duly elected and qualified Cite Clerk and ex-ollicio Clerk of the Cir,- Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 21st day of August, 1996. City Clerk and ex-ofTicio Clerk oft he City Council of the City of Huntington Beach. California g lrollo..tip'nsc�+lrys 5 h is '1�'?T"+Ali 1 03hr3a]u G/follonup/ccnoc ,em i,Io e a Council/Agency Meeting Held- - i Deferred/Continued to: o'Approved CJ Conditionally Approved C] Denied Adclaty City Clerk's Si ature Council Meeting Date: August 19, 1996 Department ID Number PW 96-052 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T_ UBERUAGA, PREPARED BY: LES M JONES II, Director, Public Works ISM-" SUBJECT: RUBY'S RESTAURANT; CC-918, NOTICE OF COMPLETION Es a tement of Issue.Funding source,Recommended Action,Alternative Action(s),Analysis.Environmental Status,Attac ( Statement of Issue: Varkel Construction , Inc_ has completed their contract for the construction of Ruby's Restaurant at the end of the Huntington Beach Pier_ Funding Source: Pier Rebuilding Fund E-PG-AS-1 54-6-31-00 Recommended Action: Accept the new construction of Ruby's Restaurant at the end of the Huntington Beach Pier at a final cost of $1,308:270 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office_ Alternative Action(sl: Deny acceptance of improvements and the filing of the notice of completion until all contract issues are complete E -5 • REQUEST FOR ACTION is MEETING DATE: August 19, 1996 DEPARTMENT ID NUMBER: PW 96-052 Analysis: On June 5, 1995, Council awarded a contract to Varkel Constriction, Inc. in the amount of $1,195,000_ The adopted contract budget also included $ 119,500 to cover anticipated change orders and $ 82,500 for Supplemental Expenses for a total of$ 1,397,000 to construct the restaurant at the end of the Huntington Beach Pier (Ruby's). Construction of the restaurant is now complete, per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of the project costs: Council Approved Actual Expenditures 1. Contract Amount- $1,195,000 $1,195,000 2. Change Orders: $119,500 $113,270 Sub Total $1,314,500 1,308,270 3. Supplemental Expenses: $82,500 7$ 7,675 " Total $1,397,000 $1,385,945 Various change orders were issued to 1 ) Comply with Health Department requirements for restaurants 2 ) Comply with City Code requirements_ 3-)Accomplish plan changes, corrections and modifications to construction items found necessary during construction. 4.) Compensate the contractor for construction delays which occurred during structural steel fabrication due to dimensioning inconsistencies on the plans. There is one outstanding claim from the contractor in the amount of $19,000 for the cost of manning the project beyond the scheduled completion date. The City's position at this time would allow $6,000 for this claim. This negotiation may result in arbitration. There also remain a few minor outstanding issues (mostly code related) which are not related to this contract Staff should be able to resolve them in the next few months. *Ruby's Diner, Inc wished to upgrade the exterior "Tivoli (roof) Lighting" included in the contract to a fiber optics system at a cost greater than that allowed in our contract. This lighting within the contract was deleted and the credit received by the City was used to participate with Ruby's Diner, Inc. as a portion of the cost of the fiber optics system_ Environmental Status: Not Applicable Attachment(s): 0020421.01 -2- 08/06196 10:43 AM • REQUEST FOR ACTION • MEETING DATE: August 19, 1996 DEPARTMENT ID NUMBER: PW 96-052 Project location map LMJ-JM City Clerk's Page 77-1 0020421.01 -3- 08106196 10:43 AM ATTACHMENT 1 l •A� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ' CONTRACT: CONSTRUCTION OF A RESTAURANT AT THE END OF THE HUNTINGTON BEACH MUNICIPAL PIER; CC-918 (SOLS4 AV - MCFADDEN AV c� EDINGEA AV vi 0 xm HEIL AV � N IA N J WARNER a =kA a 3 o x SLATER w LIP TALE ERT AV m w oa .- a $A ELL? AV d O ix GA FIELD AV z x YORKTOWN t "A"- cc ADAMS AV a = � •a x Pacific Ocpjn m INDIANAPOLIS 4A 0 m ATL NTA AV a PROJECT W m HAMILTV BANNING HUNTINGTON BEACH CALIFORNIA RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Ruby's Restaurant CC 918; Notice of Completion COUNCIL MEETING DATE: I August 19, 1996 RCA ATTACHMENTS STATUS Ordinance wlexhibits & 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 (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by CIL Attorney) Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If a licable 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: Only)(Below Space For City Clerk's Use �'• '� CITY OF HUNTINGTON BEACH 2 0 0 0 Main Street P . 0 . B o x 1 9 0 California 9 2 6 4 8 Les M. Jones II Public Works Department Director (714) 536-5431 Snair Varkel July 31, 1996 Varlrel Construction, Inc. 23141 La Cadena, lino L Laguna Hills, California 92653 Subject: Requirements for Retention Release Rudy's Restaurant; Huntington Beach Pier C C-918 Dear Snair: The following items must be filed with our City Clerk and City Attorney's Office before the City can relieve Excel Paving Company from their contract obligation and release any remaining retention funds_ Enclosed are extra forms. Please attend to these items as soon as possible, for they are necessary in completing this project 1. A warranty bond guaranteeing the final amount of work and materials for one year. Your performance bond does not include specific wording for a one-year warranty, therefore, a separate bond is required and must be submitted_ Note: Your one-year time period will start when all items are received and approved.) 2_ An affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors have been paid in full and that there are no outstanding claims against this project. 3. A Certificate of Compliance form must be signed at the completion of work and returned to this office. Should you have any questions regarding these items, please call me at (714) 536-5423. Very truly yours, 401. r- z obert A. Martinez c.a . Y 1� RAM:ram CZDrn Enclosure- Certificate of Compliance Declaration of Satisfaction and Claims G' cc: Jack Miller, Construction Manager Connie Brockway, City Clerk 00 i 2389.02 Release of Stop Notice CITY OF HUNTINGTON BEACH, 2000 MAIN ST . , HUNTINGTON- BEACH, 92648 Con-aruction lender(or harry with whom Stop Notice trtas filed) (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 4/2 3/9 6 , in the amount of $ 1, Q g 5 _ R 9 H CITY OF HUNTINGTON BEACH against - - - _ . as owner or public body and JARKEL CONSTRUCTION as prime contractor in connection with the work of improvement known as RUBY ' S RESTAURANT ,� � 1 MAIN . . tjUNT I N G T HUNTINGTON - BEACH ORANGE in the City of , County of State of Califotnia. Date 6/25/96 - - - Name of Claimant STEEL SUPPLY (Firm Namr� By i — CREDIT MANAGER Uy � = (Official Capacity) K- - v 2 � _ --� VERIFICATION I, the undersigned, state: I am the CRrmll rARr'rir of" •-Prest er t of-,"A Partner of". 'Owner of". etc-) the claimant named in the foregoing Release; I have read safd Release of Stop Notice and know the contents thereof, and I certify (fiat the same is true of my own knowledge- I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct- Executed on JUNE 25 , 19 96 , at 2 : 00 PM , State of AL I FORN I A 1 (Stgnaru+r of Clotirron or Authorized ARerrr) C-ALIFOFeA- PRELIMINARY 20-*Y NOTICE USE-PR(13F OF SERVICE AFFIDAVIT OF CALIFORNIA PRELIMINARY 20-DAY NOTICE ON BACK OF GOLDENROD FILE COPY _ (PUBLIC AND PRIVATE WORK) Y IN ACCORDANCE WITH SECTION 3097 AND 3098. CALIFORNIA CIVIL CODE J h Cn C----*) YOU ARE HEREBY NOTIFIED THAT... So-Cal Structural Steel Fabrication, Inc. a 1560 W. Paramount St. CONSTRUCTION LENDER or a Reputed Construction Lender, if any Azusa, CA 91702 Ir+arne arid address of person at fvrrt•aarrdMl has furnished or will furnish labor, services, equipment or f��fr�t materials of the following general description: • �/i��p y0'.to ivsfbb,-!"s•Y_.�.aFi rasL. :F-?�•.•:.:_• �r_••J, - y Tt,,�,,,,.,_7 71i!zj"'1.Mtl" irk-Tsi r•i�?YMit f7 s61�+•r✓tif-w fk1W'�.-yr.% ' [7C><La railing '>�+af.Vt:a4�c�;"r•.rdti�s::r •=M.•c. - ,+i�..,�3 +t._Y_E Fir ,jo'1Y r s.:•d!1;7: >'. x•. :r 'I - .. ♦: _ •a _ I/Mw.l uarot•a•I Of 04 4ber..,rvKu.ao..pn+Mt>r•itr4h rwtiY+.a nr to a f—Peal for the building,structure or other work of improvement located Y _L- t� *s Diner Huntington Beach Pies 0 Huntington Beach, CA 92648 OWNER or PUBLIC AGENCY address or description of job 4ta sufflcwtt for Identlllcstlon) or Reputed Owner (on public work) (on private Work) The name of the person or firm who contracted for the purchase Nof such labor, services. equipment or materials: r Valrkei Ccmtniction, Inc. E city of Huntington Beach 2000 Main St, NOTICE TO PROPERTY OWNER • R Huntington Beach, CA 92648 If bills are not paid in full for the labor, services, equipment,or materials furnished or to be fumishad,is mechanic's lion leading to the loss,through court foreclosure proceedings,of all or part L J of your property being to improved may be placed against the property even though you have paid your contractor in full. You Construction loan no. (if known) may wish to protect yourself against this consequence by (11 requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to.. . -----------------------------FOLD HERE------------------ ---------- Your contractor or (2} any other method or device that to _ appropriate under the circumstances. C The person'or firm giving this notice is required,pursuant to a collective ORIGINAL CONTRACTOR or bargaining agreement.to pay supplemental fringe benefits into on express trust fund (described In Civil Code 13111). said fund Is Identified as OReputed Contractor, if any follows: (strike If inapplicable) P >,1w �:i.J�Y��+rGa 4�1✓e�$ Li�i�C�rC/ :RW.:.�4�4,� K'*_Jf addrefsl u7�L - - fro Y •t•�•u Ji toFe++ei•ir�� -eR7 rdn t/' bM 3sar:YX,C y M1 . ' l�-e.��+i•'t♦R:Ync-Aer�+Yv v�rapd�7drg i w e!;.-r.a�.tL•a^•s i emu- - n - e,;>ts.�d<r?!}� +tie durtic +:,~Jut n:Aa.._-.rb - e •seCj_tk'L�Rh3.':Rr oiut13"t n•::+lrr .,C•�t`-:L] '.Y*f T . {address) SUBCONTRACTOR (address, • with whom claimant has contracted Mailed fts eate: 5 6 96 f�e',ry:. 411 ►t-0'"M S -N a.;xyz - President ClIX�'St I F tion; 'Irk .ya �es.vats�+•.oa.aw.�r..•�r-=r:..-+.::.•.,r rAlg(signatijel Tates (title) 6 � "_eta•.4�.21t"s��>IC1t''St:2'�"�'�t�+,a.c';e+r.,in '=,fir--t-*O IZ2,--C_-_WS; a*%* z *m._•�'..•.•��+ r w:3k An estimate of the total price of the labor, services, equipment tE.a�tt c�•+a t -'r'"�'."sk '`��'-U` "''" �.s or materials furnished or to be furnished is: st.lsf.:++: > alnr +a-.rr...�s. ..• rvr `+ +ca s rw rJfTw a.*doe is r-,,r;-v.ww Ir T br M (PLEASE NOTE REVERSE SIDE] wOLCOTTS FORM I51 OO(OwnrwDhealel Rev f.95 Ipr:te Ness 17E, CALIFORNIA PRELIMINARY 20-DAY NOTICE _ .. _ ____ —•,oei wnrtnT TS sneMG lelf 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 31, 1995 Varkel Construction, Inc. 23141 La Cadena, Suite"L" Laguna Hills, CA 92653 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed-but prior to the release of retention funds- In addition, the following item must also be on file, with this office before the City can release any retention funds- A warrant), bond guaranteeing the final amount of work and materials for one rear_ If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5441_ Sincerely, Conrue Brock way, CIVIC Citv Clerk CB:cc Enclosure- Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance g cckaskon (Telephone-. 7 Z4538-5227) REQU ST FOR COUNCIL ACTION MEETING DATE: 615195 DEPARTMENT ID NUMBER: PW 95-035 Only)(Below Space For City Clerk's Use Council/Agency Meeting Held: (V 4 ,_ Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sign ure Council Meeting Date: 6/5195 Department ID Number. PW 95-035 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administratzl L PREPARED BY: LES M. JONES II, Director, Public Works 1P.JW - RON HAGAN, Director, Community Services(' SUBJECT: RUBY'S RESTAURANT; CC-918, AWARD Statemen t of Issue,Funding Source,Recomrmnded Action,Alternative Action,Analysis,Environmental Status,Atta hment(s Statement of Issue: On November 7, 1994, the City Council authorized a call for bids for the construction of a Ruby's Restaurant at the end of the Huntington Beach Pier_ On December 6, 1994, the City received eight bids for the project_ The County of Orange declared bankruptcy on that same day and the City staff put the construction of Ruby's on hold. Now that the City has received funds that were held in the investment pool, staff is recommending award of the contract for Ruby's. Funding Source: The total estimated project cost is $1,397,000. See the attached F_I.S_ for description of approved funding sources_ Recommended Actions: 1_ Accept the low bid submitted by Varkel Construction, Inc , 23141 La Cadena Drive, Unit L, Laguna Hills, CA, and authorize the Mayor and City Clerk to execute the contract for the construction of a Ruby's Restaurant at the end of the Huntington Beach Pier, for a t total bid amount of $1,195,000-1 0011910.01 -2- 05/24/95 4:02 PM �/ REQU ST FOR COUNCIL ACTION MEETING DATE: 6/5195 DEPARTMENT ID NUMBER: PW 95-035 2. Authorize the Public Works Department to expend a total of $1,397,000, which consists of the contract cost of $1,195,000, estimated construction Change Orders of $119,500, and supplemental expenditures of $82,500 3. Approve agreement between City and Dougherty and Dougherty for construction support services and quality assurance inspection, in the amount of $47,600, (included in supplemental expenditures budget)_ 4. Approve an amendment to the current year budget to increase the appropriations for the Pier Restaurant by $57,000 (total cost of $1,397,000, less budgeted funds of $1,340,000). Alternative Action(s): Reject all bids. It should be noted that, if this restaurant were not built in a timely fashion, the City would lose a $250,000 F.E_M.A_ Grant for restoration of the "End Cafe" Analysis: This is the second time that the City has bid this project. After the first bids were 50 percent higher than the budget, staff redesigned the building to cut costs Council approved the new plans and specifications, and authorized re-advertising on November 7, 1994_ The project consists of the construction of the building shell and related mechanical equipment_ The lessee, Ruby's Restaurant, will construct the necessary tenant improvements_ The City Clerk received bids and opened them on December 6, 1994, as summarized below-. BASE BID + BASE BID + CONTRACTOR BASE BID ALTERNATE 1 ALTERNATE 2 Varkel Construction, Inc. (1) $1,195,000 $2,480,000 $2,530,000 DTEC Construction, Inc. $1,215,000 $1,245,000 $1,275,000 TA Construction $1,238,183 $1,323,183 NONE SUBMITTED Great West Contractors, Inc. $1,246,292 $1,267,292 $1,294,292 States Link Construction, Inc. $1,299,800 $1,359,800 $1,419,800 Now Construction Corp_ $1,357,000 $1,402,000 $1,447,000 J. Murrey Construction, Inc. $1,480,000 $1,655,000 $1,830,000 Adams/Mallory Construction Co. (1)$1,644.138 $3,568,210 $3,925,551 The time for completion for the project is 180 calendar days. Alternate 1 is the cost to be added to the base bid to reduce the time for completion to 150 calendar days_ Similarly, Alternate 2 re-duces the time for completion to 120 calendar days. Construction amount, $1,195,000 10% anticipated change orders (2) 119,500 0011910.01 -3- 05/24195 4:02 PM REQU ST FOR COUNCIL ACTION • MEETING DATE: 6/5195 DEPARTMENT ID NUMBER: PW 95-035 Supplemental expenditures (3) 82,500 Total $1,397,000 (1) The alternate bids look high because the bidder accidentally doubled the base bid- (2) Staff is requesting a 10 percent administrative change order limit of $119,500. Due to the complexity of the work involved and the size of this contract, the $50,000 limit set by Resolution Number 4896 is inadequate_ Examples of possible change orders include changes in field conditions, unavailable materials, errors in the plans, and changed city requirements. (3) Staff is requesting $82,500 for supplemental expenditures, which consist of quality assurance inspection, miscellaneous testing, plan reproduction, and any other professional services that may be required. This includes the contract for construction support services for $47,600, plus an additional 10%, or $4,800, to cover construction delays, should they occur. The project manager who was originally in charge of the architectural design for the Ruby's project is now with the firm of Dougherty and Dougherty of Newport Beach_ We have secured a proposal from that firm to provide quality assurance inspection and construction support services for the project. The immediate construction of Ruby's is important to the City because it creates retail opportunities for the Main-Pier area The project will provide new jobs and increased sales tax revenue. If the Council awards the project now, Ruby's can open for business next spring. Environmental Status: Environmental Impact Report No. 89-8 and Environmental Assessment No. 91-12 fulfilled the requirements of the California Environmental Quality Act Attachment(s): City Clerk's Page Number 1_ Project location map 2_ FIS 3_ Agreement between City and Dougherty and Dougherty #11910V1 - 91 BRCA02-CC918 RUBY'S AWARD 0011910.01 -4- 05124/95 4*02 PM 9ti 4� ao�sr t� Co we wboi / k 3 cawccR trt. � 4 + a 405 w C—..S t L� AW- Fc,x—,vll AW-V I I ? I Q PROJECT: �y f f 1 2-`nn u� iy� oti B-QC� DrF.4- VICINITY MAP �ti'T OF, aLfJ"_�G wO�+CS ►tL: C-\KJA7\lAnE\unSYER\o0.oC7-uD PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DOUGHERTY & DOUGHERTY FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION MANAGEMENT SERVICES FOR THE PIER RESTAURANT TABLE OF CONTENTS PAGE NO. 1. WORK STATEMENT.................................................................................1 2. CITY STAFF ASSISTANCE.......................................................................2 3. COMPENSATION......................................................................................2 4. METHOD OF PAYMENT............................................................................2 5. DISPOSITION OF PLANS, ESTIMATES....................................................2 6. INDEMNIFICATION AND HOLD HARMLESS............................................3 17. WORKERS COMPENSATION...................................................................3 8. INSURANCE...............................................................................................4 9. CERTIFICATES OF INSURANCE; ADDITIONAL.......................................4 10. INDEPENDENT CONTRACTOR................................................................5 11. TERMINATION OF AGREEMENT..............................................................5 12. ASSIGNMENT AND SUBCONTRACTING..................................................6 13. COPYRIGHTS/PATENTS...........................................................................6 14. CITY EMPLOYEES AND OFFICIALS.........................................................6 15. NOTICES....................................................................................................6 16. IMMIGRATION............................................................................................7 17. LEGAL SERVICES SUBCONTRACTING PROHIBITED............................7 18. ATTORNEY FEES......................................................................................7 19. ENTIRETY..................................................................................................8 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DOUGHERTY & DOUGHERTY FOR CONSTRUCTION L ADMINISTRATION AND CONSTRUCTION MANAGEMENT SERVICES FOR THE PIER RESTAURANT THIS AGREEMENT, made and entered into this day of 1995, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and DOUGHERTY & DOUGHERTY, a California general partnership, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY desires to engage the services of CONTRACTOR for construction administration and construction management services for the pier restaurant, 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 CONTRACTOR has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. WORK STATEMENT CONTRACTOR shall provide the services of construction administration and construction management as requested by the CITY for the pier restaurant as required by the Director of Public Works. Said services shall sometimes hereinafter be referred to as "PROJECT." CONTRACTOR hereby designates Neil Noble, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 3A d&ughlS17195 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. 3. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONTRACTOR a time and materials fee not to exceed Twenty- Seven Thousand Two Hundred Dollars ($27,200) for construction administration, and a time and materials fee not to exceed Twenty Thousand Four Hundred Dollars ($20,400) for inspection construction management services. 4. METHOD OF PAYMENT The CONTRACTOR shall submit to the CITY a monthly invoice for all work performed within the last thirty (30) days at the rates set forth in Exhibit A. 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 CONTRACTOR's firm that the work has been performed in accordance with the provisions of this Agreement; and Upon submission of any such invoice, CITY shall pay the invoice amount within thirty (30) days of approval. 5. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR 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 2 WdougN91 7r95 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 CONTRACTOR to the point of termination or completion of the PROJECT, whichever is applicable. CONTRACTOR shall be entitled to retain copies of all data prepared hereunder. 6. INDEMNIFICATION AND HOLD HARMLESS CONTRACTOR hereby agrees to indemnity, 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 CONTRACTOR, its officers or employees. 7. WORKERS CgMPENSATION CONTRACTOR shall comply with all of the provisions of the Workers Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the California 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, 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 CONTRACTOR under this Agreement. CONTRACTOR 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. 3 WdougtvVi 7/95 B. 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 prod uctslcompleted 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 CONTRACTOR's insurance shall be primary. 9. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of 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 provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance 4 WdougK&17/'95 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. 10. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. 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, it any, in connection with the services to be perfomned hereunder. 11. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONTRACTOR'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 through the Department of Public Works notice of which shall be delivered to CONTRACTOR as provided herein. 5 3r+crd«, WS/17M i • I i 12. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONTRACTOR to any other person or entity without the consent of CITY. 13. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 14. 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 the applicable provisions of the California Government Code. 15. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 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 CONTRACTOR: Director of Public Works Neil Noble, AIA City of Huntington Beach Dougherty & Dougherty 2000 Main Street 3 Civic Plaza, Suite 230 Huntington Beach, CA 92648 Newport Beach, CA 92660 6 16. 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 the United States Code regarding employment verification. 17. 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. 18. ATTORNEY 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 attomey fees. REST OF PAGE NOT USED 7 3AVdougn+51t 7M 19. 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. DOUGHERTY OUGHERTY. a California CITY OF HUNTINGTON BEACH, A general part hip municipal corporation of the State of Califomia By: �GGCr ri n Dougherty, partner print name Mayor 1Pr*T9P%1parAw R EVI E O A City Cleric (►�3o-9S City Administrator APPROVED AS TO FOR r S City Attorney 611 r&6F // y 7y -� INI ED A D APPROVED: Director of blic orks B 1. CITY OF HUNTINGTON BEACH 0 INTER-DEPARTMENT COMMUNICATION MUh'TINGTON MACH TO: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR FROM: ROBERT J. FRANZ DEPUTY CITY ADMINIS�R SUBJECT: F.I.S. - RUBY'S RESTAURANT DATE: MAY 24, 1995 The City Council previously authorized the use of the following funding sources for the construction of the restaurant at the end of the Pier: AAp roved Funding - Pier Restaurant Amount Unused Certificates of Participation $1,000,000 Parking surcharge revenue 300,000 Total $1.300.000 The maximum cost for the restaurant is estimated to total $1,397,000 (see RCA for detail) compared to the above estimate which was prepared in 1993. An additional appropriation of$57,000 (see RCA) is needed for completion of the restaurant construction. Approval of the additional appropriation of$57,000 would reduce the estimated reserves of the Pier Fund to $1,244,524. In addition, the Federal Government (FEMA) has approved our claim for$252,000 due to the damage to the destroyed End Cafe. FEMA will reimburse the City $252,000 after construction of the restaurant is completed. Therefore, the FEMA reimbursement will fund a portion of the restaurant's cost even though the funds have not yet been received by the City. RJF:pdc F ISRU BY.DOC 05/24/95 4:16 PM CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VARKEL CONSTRUCTION, INC. FOR THE CONSTRUCTION OF A RESTAURANT ON THE END OF THE HUNTINGTON BEACH MUNICIPAL PIER CC-918 Table of Contents 1 Statement of Work, Acceptance of Risk ---------------------------------------------- ------------------1 2 Acceptance of Conditions of Work, Plans and Specifications ___ _ _ _ _ _ _ _ __ _ _ _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.............. ... . .• -- - - - - - - -• - - - - - - - - - - .9 18 Indemnification, Defense, Hold Harmless _ .. .. ............ .............................10 19 Workers' Compensation Insurance.............................................................. .. ...._10 20 Insurance - - • • - -• - ...-11 21 Certificates of Insurance, Additional Insured Endorsement ............. 11 22 Default and Termination_ _ 12 23 Disposition of Plans, Estimates and Other Documents _ _ _ _ _ 12 24 Non-Assign ability - - - - - - - - - - - - - - - - -- --12 25 City Employees and Officials - - - - - - - - - - - - - - -- _.___--13 - - --13 26 Stop Notices, Recovery of Administrative Costs------------------------- -- - 13 27 Immigration - -- ---- -- ----- - -- ---- -- -- - - -- - - -- --------------------------13 28 Notices--- --------- ---------- - - - - - - -• - - -• - - - - - - - - - - - •- -13 29 Captions- - - - ----- ----- -- ---- -- -- - -- - -- -- - ---- -- -- -- - -•-- - ----------------- -- -- --14 30 Legal Services Subcontracting Prohibited _ _ _ _ _ _ _ _14 31 Entirety - -- -- -- -- ---------------•----15 9 s'%G.Aprcc.Varkd%06/1305 i • CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VARKEL CONSTRUCTION, INC. FOR THE CONSTRUCTION OF A RESTAURANT ON THE END OF THE HUNTINGTON BEACH MUNICIPAL PIER CC-918 THIS AGREEMENT is made and entered into on this 31st day of July , 1995, by and between the CITY OF HLJNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to a "CITY," and VARKEL CONSTRUCTION, INC , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of a restaurant on the end of the Huntington Beach municipal pier in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: I STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 1 9\s1G AUcc-Vartc116/1 319 5 RI S 95.342 Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal- However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) 2 ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A This Agreement, B_ Bonds covering the work herein agreed upon-, C_ The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto, D The 1991 edition of Standard Specifications for Public Works Construction, published by Builder's hews, Inc-, 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter 2 9ls.CC-AVcc Vwk-cP,6 13 95 RI S 95-342 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 One Million One Hundred Ninety-five Thousand Dollars ($1,195,000.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within One Hundred Eighty (180) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement. 3 9 G AQecNarkel'613 95 RI S 95-342 5 TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing_ Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW_ When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change_ Should the DPW now 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 4 9WG.Agrce.Varkc]16113195 RL.S 95-342 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 CONTRAC"rOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability 8 BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney= One in the amount of one hundred percent (100%) 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 (100%) of the contract price to guarantee payment of all claims for labor and materials furnished 9 WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed CONTRACTOR, within ten (I0) 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 as an employee of CITY_ CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll 5 9'-.AACY.Xgree VarkeV%6;13195 RLS 95-342 deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 1 1_ LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay, it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One Thousand Dollars ($1,000 00) per day for each and every consecutive calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay, and CONTRACTOR agrees to pay said damages herein provided, and further 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 of negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay, and the decision of the DPW shall be conclusive on the parties hereto Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for 6 9`zs.G.Agrec Varkcl'G 13:95 RI S 95-342 i • materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the 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 9%s-G:Agree-V arkd'.61l3195 Ri S 95-342 13_ VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications_ Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14_ PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts_ The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be 8 91s%G::vcc:'.`aricel`6.'1 3r'95 RL5 95-332 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work 15_ WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions 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. IT WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificates shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 9 9;SkG Agree:Varkel`Ai13i95 RLS 95-342 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 CONTRAC-TOR'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 ail costs or attorney's fees incurred by CITY in enforcing this obligation. 19_ WORKERS' COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with all such laws and provisions prior to commencing performance of the work hereunder_ CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY_ CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation- to 9'z'.G Agm Varkcl 6 13'95 HIS 95-342 20 INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability Said insurance shall also include automotive bodily injury and property damage liability insurance_ All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than Three Million Dollars ($3,000,000) In the event of aggregate coverage, CONTRAC'OR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21_ CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies I 9'\s`G-Agrc c-v ark c l\6113 0 5 RLS 95-342 of insurance_ CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance herein above required_ A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22_ DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may, 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 becomes 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 12 9\Ai:Aget:Varkel'+G/13/9 S RI S 93-342 0 • 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26_ STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR_ CITY may charge an administrative fee of One Hundred Dollars (S 100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices_ CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U_S.C_ § 1324a regarding employment verification 28 NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party_ 13 9W.G.AgmvarkcP.6/14f95 R1S 95-342 29. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement 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 § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR_ 14 9's0.(!Agmc:Varkel''.51IY95 RLS 95-3a2 31_ ENTIRETY The foregoing represents the entire Agreement between the parties IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. VARKEL CONSTRUCTION, INC CITY OF HUNT[NGTON BEACH, a California orporation a municipal corporation of the State of California - r ey Snaier V kel, President Mayor ATTEST By L r Shu amit Varkat:SSecretaryl asurer _ V City Clerk 7-26-9t APPROVED AS TO FORM C, o}-n— RE EWED AND AP [NIT 'ED PROVED: City dministrator Director of ublic orks 15 9's'.Ci-AgrcrVarkc1,6!13i95 RLS 95-342 I have received the Faithful Performance Bond and the Labor and Materials hoed WR and tenance��nd fnr I'[ �Cf rr Y i ran of 8.,1+�,t�-�26 F@irPB � }� on behalf of the Treasurer's Office. Dated ;r By:_ __ — --------- Varkel Construction, Inc. 23141 La Cadena, Suite "L" Laguna Hills, CA 92653 Dupiicale of A.I.A. Form A311 Feb. 1970 EdLion . BOND�i-400 7160 *DUPLICATE ORIGINAL PREM $15,450.00 EXECUTED IN DUPLICATE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That VARKEI. CONSTRUCTION, INC. as Principal, hereinafter called Contractor. and WASHINGTON INTERNATIONAL INSURANCE COMPANY . as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called Owner, in the amount of ONE MILLION ONE _fTUHDRED NINETY FIVE THOUSAND AND NO/lU0 Dollars (S $1.195,000.0 -�, for the payment whereof Contractor and Surety bind themselves, their heirs, executors. administrators. successors and assigns, jointly and severally. firmly be these presents. WHEREAS. Contractor has by written agreement dated entered into a contract with Owner for "CONSTRUCTION OF A RESTAURANT OF THE END OF THE HUNTINGTON BEACH MUNICIPAL PIER" in accordance with drawings and specifications prepared by ANTHONY 6 LANGFORD which contract is by reference made a part hereof. and is hereinafter referred to as the Contract. NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, Arrange for a contract between such bidder and owner, and make available as Work progresses (even though there should be a default of a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including the other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term 'balance of the contract price,' as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration date of two (2) years from the dale on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Onwer named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this 23RD day of JUNE A.D. 19 95 V RKEL CONS U ION incip 1) (Seal) (Witness) A,,z4 (Title) WASHIN TO N T O Lt RANCE COMPANY ure (Seal) (Witness) By APPAOVO AS TO FOR)d:l MIC AFL A. -QdJGI. , Attorney—in—Fact Revised 01/93 GAIL HUTT01141 Cit7 Attorney By jDep q City Attorney ��;` f4; 5- STATE OF CALIFORNIA SS. COUN-IY OF ORANGE On J JUNE123, 1995 , before me, H. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED MICRAEL A. QUIGLEY Cersonally 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 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 "'� ' M. TREDINNICK COMM. 41053088 the instrument. NOTARY PUSUC•CALIFORIMA ORANGE COUNTY WFINESS my hand and official seal. RI►QW=>9kU N'c 20,1999 Signature This area for Official Notarial Seal OPTIONAL Though the data below a not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT MUM M ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: KWE OF r VISON[SM OH ENr&TYVESt --- - SIGNER(S)OTHER THAN NI;MED A@OVE ALL-PURPOSE ACKNOWLEDGEMENT • � t WASHINGTON INT&ATIONAL INSURANCE COOANY WER OF ATTORNEY OW ALL BY THESE PRESENTS: That the Washington International Insurance Comapny. a corporation organized and existing under the :s of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint SHAWN BLUME, JENNIFER JOHNSTON, MICHAEL A. OUIGLEY AND DWIGHT REILLY EACH IN THEIR SEPARATE CAPACITY true and lawful attorney(s)-in•fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, ognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or mitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(sl in pursuance of these presents, fli be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the no has been duly executed and acknowledged by its President and its principal office. is Power of Attorney shall be limited In amount to $2.000,000.00 for any single obligation. s Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22. 1978,July 1980 and October 21, 1986 which read, in part, as follows: The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in- Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove,at any time,any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. The signatures of the Chairman of the Board,the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. TESTIMONY WHEREO��, I� hington International Insurance Company has caused this instrument to be signed and its corporate 4 to be affixed byaaf�� �$Q%j r, this 2nd day of November, 1994. �4••� • ASHINGTON INTERNATIONAL INSURANCE COMPANY CORPORATE 3 ARIZONA per.. illiam O. Sterrett, Chairman of the Board + ••..,...-�a o ATE OF ILLINOIS14k 4 1UNTY OF COOK) this 2nd day of November, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, ng by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; a the seal affixed to said instrument is the Corporate Seal of said Company; TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. " 1OFFiCtAL SEAL" n, _ C1iZISTINE ZARETSKY UtiAqij ::J�� 11-taly FuSbc. State of Ill:noa lstina Zaretsky, otar Public M C-nrn st'on Exp:raj 10-7-96 $ My Commission E tober 7 it 996 RTIFr.16Afr J-r~r� r•r r r.r. ATE OF ILLINOISI ,LINTY OF COOK) tie undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY,an ARIZONA Corporation, DO HEREBY CERTIFY .t the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, ction 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now force. Ined and sealed in the County of Cook. Dated he 23RDfay of JUNF , 19 95 . Lewis M. Moeller, Secretary 60 Duplicula of A.I.A. Form A311 Feb. 1970 Edition- BOND U S- 7 D *pIiPLICATE ORICTNAL PRgfI[JM I�DED ON PERFORMANCE BOND LABOR MATERIAL PAYMENT BOND EX ED IN DUPLICATE THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: That VARKEL CONSTRUCTION, INC_ Its Principal, hereinafter called Principal. and WASHINGTON INTERNATIONAL_INSURANCE COMPANY as Surety,hereinafter galled Surety,are held and f tmty bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called Owner, for the use and benefit of clalmants herainbelow defined, in the amount of ONE MILLION ONE HUNDRED NINETY FIVE THOUSAND DOLLARS AND NO/100--- Dollars (f $1,195,000.0 , for the payment whereof Principal and Surety bind themselves. their heirs. executors. administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS. Principal has by written agreement dated entered Into a contract with Owner for "CONSTRUCTION OF A RESTAURANT OF THE END OF THE HUNTINGTON BEACH MUNICIPAL PIER" In accordance with drawings and specifications prepared by ANTHONY & LANGFORD which contract Is by reference mrade:..•parl hereof and Is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, If Principal shall promptly make payment to all claimants as hereinafter defined.for all tabor and material used or teasonably required for use In the performance of the Contract,then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: t) A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use In the performance of the Contract, labor and material being construed to include that _,: & M-water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract- 2) "fhe above named Principal and Surety hereby Jointly and severally agree with the Owner that every claimant as herein defined. who has not been paid in full before the full expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant may sue on this bond for the usAol such claimant, prosecute the suit to final Judgment for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3) No suit of action shall be commenced hereunder by any claimant. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is being made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or Iabor was done or performed- Such notice shall be served by mailing the same by registered mail or certified mail. postage prepaid, in an envelope addressed to The Principal, Owner or Surety, at any place where an office is regularly maintained tot the transaction of business, or or serviced in any manner in which legal process may be served In the state in which the aforesaid project is located, save that such service need not be made by a public officer. o) After the expiration of one (1) year following the dais on which Principal ceased Work on said Contract. It being understood, however, that if any limitation embodied In this bond Is prohibited by any law controlling the construction hereof such limitalion shall be deemed to be amended to as to be equal to the minimum period of limitation permitted by such law. -) Other than In a state court of competent Jurisdiction In and for the county or other political subdivision of the state in which the Project. or any part thereof. Is situated, or In the United States District Court for the district in which the Project, or any part thereof. is situated, and not elsewhere. 1) The amount of this bond shall be reduced by and to the extent of any payment or payments made In good faith hereunder, nclusive of the payment by Surety of mechanics' lions which may be filed of record against said Improvement, whether or not claim .or the amount of such lien be presented under and against this bond. iigned and sealed this 23RD day of ,TUNE A.D. 19 95 VARKEL CONSTR TIO (Prl I (Seat) (Witness) 1PPROVED AS TO FORid: (Title GAIL HUTTON„ City Attorney Sy•l D�@P�uty Cit�ney WASHI GMAET. A. !N NC COMPANY ff !!JJ rety) (Seat) (Witness) )�31 ,4V, By__ levised 01193 M C IITG . . tlorney-In-Fact STATE OF CALIFORNIA SS. COUNTY OF ORANGE On _ UUNE 23. 1995 ,before me, M. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL A. QUIGLEY 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 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 M. TREDINNICK entity upon behalf of which the person(s) acted, executed COMM. #105308$ the instrument. �e d NOTARY Pt1BLIC•CALIFORNA � ORANGE COUNTY �+ WITNESS my hand and official seal. "Y O0""� ��u �•tfi9! Signature M'W—) This area far Official Notarial Sea[ OPTIONAL Though the data below's not required by law.it may prove valuable to persons relying on the document and could prevent Iraudutenl reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT MUM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER- DATE OF DOCUMENT SIGNER IS REPRESENTING: r+AME OF F'ERSORSF OR ENri7YpES) SIGNER(S)OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT WASHINGTON IN7WATIONAL INSURANCE C0041VY PUWER OF ATTORNEY IOW ALL BY THESE PRESENTS: That the Washington international Insurance Comapny, a corporation organized and existing under the .vs of the State of Arizona, and having its principal office in the Village of Schaumburg. Illinois does hereby constitute and appoint SHAWN BLUME, JENNIFER JOHNSTON, MICHAEL A. QUIGLEY AND DWIGHT REILLY EACH/N THEIR SEPARATE CAPACITY true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, -ognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or rmitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, all be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the me has been duly executed and acknowledged by its President and its principal office. pis Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. ,is Power of Attorney is Issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978,July 1980 and October 21, 1986 which read, in part, as follows: The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in- Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizanees, contracts of indemnity and other writings obligatory in the nature thereof. and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary. Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. TESTIMONY WHEREOt,o, @1I hington International Insurance Company has caused this instrument to be signed and its corporate al to be affixed byd�af er, this 2nd day of November, 1994. r"RFQ 1 �4•�• •����G ASHINGTON INTERNATIONAL. INSURANCE COMPANY cORPORATEt f4 ; SEAL : .attic f +y ARIZOM •.,pFjWilliam D. Sterrett, Chairman of the Board ••f•�.w•' %S P FATE OF IL LINO lsf t, )LINTY OF COOK) ,Q\���+�� i this 2nd day of November, 1994. before me came the individual who executed the preceding instrument, to me personally know, and, ing by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; at the seal affixed to said instrument is the Corporate Seal of said Company', TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. ..ram-r.r✓--r'r.r✓-.r.` - "OFFICIAL SEAL" CHIZIS71NE ZARETSKY 11-tary Pu.fic, state of Hlrnoa rstine Zaretsky, otar Public } idy C:,njm$,'on Exp4as 10.7-96 My Commission E fires ctober 7 it 996 :RTIFJ6ArTE�-ram f •-�-�r• - 'ATE OF ILLINOIS) )LINTY OF COOK) he undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY at the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article Ill. •ction 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now force. fined and sealed in the County of Cook2Dated he 23RDday of -JWE 19 95 . Lewis M. Moeller, Secretary BOND i 7160 *Ut11'i.ICATE ORIGINAL EXECUTE DUPLICATE -WASHINGTON INTERNATIONAL.INSURANCE COMPANY MAINTENANCE 1930 Thoreau Drive, Suite 101 BOND Schaumburg, Illinois 60173-4106 Bond No. S-400 7160 KNOW ALL BY THESE PRESENTS that VARKEL CONSTRUCTION, INC. as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, an Arizona corporation, as Surety, are hall and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, In the sum of ONE MILLION ONE HUNDRED NINETY FIVE THOUSAND DOLI 0 — Dollats 4411195,0 0.0p for the payment of which cum, well and truly to be made, the Principal and Surety bind themselves, thalr heirs, executors, administrators, successors and assigns, Jointly and severally, firmly be these presents. WHEREAS the Principal has entered Into a written contract dated with the Obligee for "CONSTRUCTION OF A RESTAURANT ON THE END OF THE HUNTINGTON BEACH MUNICIPAI. PIER" and WHEREAS said Principal Is required to post a bond to guarantee repair or replacement of faulty material or workmanship for a period of one year from and after the date of acceptance of said work. NOW. THEREFORE, It the sold Principal shall repair or replace any and all defects In Bald work during the aforesaid period, then this obligation shall be vold; othwwlse to remain In full force and effect. Signed, sealed and dated JULY 6, 1995 VARKEL CONSTRUCTION, INC By APPROVED AS TO FORM V WASHI O 1 E I NCE COMPANY CAIL HUTTON,- City Attorney By: Deputy City Attorney ��. B y orr+sydn•F 1�1�1tiri QIGLEY SrA'rE OF CALIFORNIA SS. COUNTY OF ORANGE JUI,Y b, 1995 H. TREDINNICK, NOTARY PUBLIC On before me, PERSONALLY APPEARED MICHAEL A. QUIGLEY 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ M. TREDINNICK their signature(s) on the instrument the person(s), or the �� - COMM, "0., entityupon behalf of which the person(s) acted, executed C p p A ROTARY PUBl,lC-Cutft)R[IIA ; the instrument. L ORANGE-COUNTY tJT Coma tuna war.COUNTY t99ti WrrNESS my hand and official seal. Signature This aria for Official Notarial Seal OPTIONAL Though the data below:s 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT nTLE(S) ❑ PARTNER(S) ❑ LIMITED El GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PE RSOtgS]OR EN 11 TYPES) — SIGNER(S)OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT WASHINGTON INTOVATIONAL INSURANCE COOANY PDWER OF ATTORNEY OW ALL BY THESE PRESENTS: That the Washington International Insurance Comapny, a corporation organized and existing under the )s of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint SHAWN BLUME, JENNIFER JOHNSTON, MICHAEL A. OUIGLEY AND DWIGHT REILLY EACH/N THEIR SEPARATE CAPACITY true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, ognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or milted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, ,11 be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the ne has been duly executed and acknowledged by its President and its principal office. .s Power of Attorney shall be limited in amount to 02,000,000.00 for any single obligation. s Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978,July 1980 and October 21, 1986 which read, in part, as follows: The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys-in- Fact, and 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 to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. TESTIMONY WHEREOjbe% hington International Insurance Company has caused this instrument to be signed and its corporate it to be affixed b G ' � fj er, this 2nd day of November, 1994. r arc i� �'`�;�� •��� ASHINGTON INTERNATIONAL INSURANCE COMPANY +�y ARIM4 �: q Iliam O. Sterrett, Chairman of the Board ATE OF ILLINOIS �� 'UNTY OF COOK) this 2nd day of November, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, ng by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; ,t the seal affixed to said instrument is the Corporate Seal of said Company; TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. ...rsr-----.r- --'I-- 1 "OFFICIAL SEAL" CH1,M51INE ZARETSICY 111ary Public, $lite of Illinois I h istine Zaretsky, otar Public fd��II Cantra si on Exp�res 10.7.96 11 My Commission E fires ctober 7 1996 RTiVjS ATE OF ILLINOISI -LINTY OF COOK) -ie undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY it the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III. ction 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now force. ined and sealed in the County of Cook. Dated he 6TH day of �•Y , 19 95 Lewis M. Moeller, Secretary - GOLDEN EAw _d Y �.1RANCE COMPANY P.O. BOX 85$4o - SAN DIEGO, CA 92186-582o AUTOMATIC ADDITIONAL INSUREDS - Policy No: CCP-262895-01 CONSTRUCTION CONTRACTS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided tinder the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Endorsement Efiective: 7/ 18 J 95 W 12:01 A.M. %taMfird Time) Named insured- Varkel Construction, Inc. 77iis endorsement changes this policy effective on the inception date of the policy unless another elate is indicated above. 7.- r+•llowing is ajLed tc•Sc%:tine 11 ,'WHO IS AN INSURED). + ,:.,• orT1nl �rinn� rq fhnminafter called -Additional Insured with whom�"hu asrx in a written contract to varne as an L7t:urntl >s: lnsurod with rerpecr to 111abiloy aristne oui of 'Your Fork(' for the Additional Insured on the projret specified in the contract, including acts or omissions of the Additional Insured in constr,.ction with the general supervision of'Your Work.' However, the insurance provided to the Additional insured sloes nul apply to: a. 'Property damage" to: 1) Property owned, usod or occupied by or rented to the Additional Insuro d: 2) Property in the care, custody, or control of the Additional lnsuied or ovbr which the Additional losured is for any purpose exercising physical control; or b. "Bodily injury," 'property damage,' or "personal injury' arising out of an ast:hiteCt's, engineer's, or surveyor's ren- derin,2 of or failure to render any professional services for you, for the Additional insured, or for others, including: 1) T a preparing, approving, or failing to approve heaps, drawings, opinions, reports, surreys, change orders. desi_vns or specifications; and 2) Supervisory, inspection, or engmi oering services. These exclusions apply in addition to those contained in the Commercial Cleneral Liability Coverage par:- Promiurn: Tie pmatium for this endorsement is five percent (S%)of the annual general liability premium, subject to a nvtUmurn pretnium of$250.00. Tito advance premium charged at this time is subject to the auclit provisions of the policy. The CiI_y of Hunt:ingtan 13each , Its Officers and E"mployees are named as additional insured. APPROVED AS TO FORM: GAIL HUTTON., City Attorney By: Deputy City Attorney -1 (1,1(�,r -7--" GEC-0840 t01196; Includes copynghied matefial of IMvrance Services Offr¢t. Inc- whf+eta permiesion_ eoprtlgirt tr+suranCN sOrvices. tic-. 1984 E d 3W01S3-1IW. pi 4 E vo -- 5 1 L 0 23SIA IDAlt (LOADWrf) Cr 7 18/1995 U AINC TM8 CERTMCATE 13 ISSUED AS A MATTER OF ITWORMATM ONLY AND COMM$ No RKIM UPON THE CERTIFICATE HOLDOL THIS URTTIFICATE Milestone Insurance Agency DOES NOT AMEND, MMM OR ALTO THE COVERAGE AFFORM BY THE 8 Corporate 'Park, *130 POLICIES BELOW. Irvin*, CA 92714-5105 COMPANIES AFFORDING COVERAGE (714) 852-0909 Pax (714) 852-1131 O*OA'w A Golden Eagle Insurance Company ... ... El comp"V Varkel Construction, Inc. LFrMR C 23141 La Cadena, Suite "LII Laguna Hillo, CA 92653 COWPAW 0 LETTO cwAw E Xrry _77 77 Mw-_7-7 P MF- iIS IS TO CEF - THAT THE POUCIES OF INSURANCE LISTED BELOW mAvE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEC. NOTWITHSTANDING ANY KOUIREMENT. TEAM OR CONDITION or A.%rY CONTRACT OR OTHER DOGJMENT 'AqTH RESPECT TO WHICH THM CERTIFICATE MAY 6E ISSUED OR MAY PERTAIN. ThE INSURANCE AFFOA09D BY THI! POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL T-t-'E TERMS. EXCLUSIONS AND CONOMONS OF SUCH POLICIES LIMSTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS....... . ....... p9mv vroma POUCT Emma" LTR: TYK OF 119URANCI POLCY Numen OATIE ChWIM11" CkATZ wwvmn Lam A: 2, 000, 000 ........ .... ... .... X CO&WEII'CAL G&WR4L LIAGk7v CCP 26 29 ".0t MOUCTS-CQMR00 AGO .1 11000,000 V_A�MAIX X OCCUR 96.. - A . .. . a 1"boo, 000 03/06/95 03/06/ K%Q""!- _AQv-._rAA". -1...... . O%M-A-3 a CONTIO.CTO"PPCT EACH OCCURRect 1, 000,000 RF DAMACA(Any& foes e) 2 50, 000 .... ....... ..... ..... .....KI..EXPEEW Om one oarm) & 5, 000 A UTOMOBU UABArrY LMI7 ANY 014JTO ALL 0%NNSO AuTtn 8001LY INJURY ppw-) HIED ALn-05 SCALY AAMY 4 NONv&4) ED AUTOS dARAGE',?AaL(rY PROPER'FY CAfAAOF Excaft Wkenj?v EACH OCcIJPWNCE 5 1, 000, 000 4;UBMLLA FCOW EXC 26 n "-of 07/18/95 03/06196:ASOKOATE 1, 000, 000 CTKR TKm LW3KLLA PCODA .... ...... . ......... . ..... STATUTORY LkMrTS SACM AC.Cr" ..3. ......... ........ .. . 0:5EA.4F-POLICY Liurr 3 .4*A4E -SACK DAPLOYM 4 ...... ...... .......... OTHID11 ......... .... 0ffW%WnM OF QVfftATxw%%6CAT*wwVUx1xwwECL" man City of Huntington Beach, its officers and Employees are named additional Insured as respects General Liabil tylger endorsement CG-840 . Re: Project #92013, Municipal Pier Bu-1 ing--Ruby' s Reataurant*10-day notige of CANCELLATION in the event of non-payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL VAIL 3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Huntington Beach LEFT. - Robert Martinez 2000 Main Street *V"91AWTate Huntington Beach CA 92648 C 311,-,1S31Iw WdC,I -co S6. 6 T 41 MILESTONE INSURANCE AGENCY Eight Corporate Park, Suite 130 Irvine, California 92714-5105 (714) 852-0909 / FAX (714) 852-1131 FAX COVER SHEET DATE: July 19, 1995 TO: Paul D'alessandro COMPANY: City of H.B_ FAX NUMBER: 374-1590 FROM: .Iulie Cellucci, CIC TOTAL PAGES INCLUDING THIS COVER SHEET: 3 RE: Varkel Construction COMMENTS: Paul: Per our phone-con, I believe these documents include the changes you requested. Please let me know if any additional corrections/changes are needed. Thanks Julie 3N0153-1IW wd61 :E0 S6. _- C. CERTIFICATE OF INSURANCE 1 . Form Evidence of insurance coverage and limits required by the city shall be furnished to the city on the "Accord" or similar form approved by the City Attorney. 2 . Approval of Cgrtificate Prior to commencement of any work or the issuance of any permit, certificates shall be approved by the City Attorney. 3 . Additional Insured Endorsements Except as provided in Section F.3, a separate copy of an additional insured endorsement to each contractor' s liability policy, n its officers and employees as additional insureds, shall be provided to the City Attorney for approval prior to any payment to a CONTRACTOR. 4 . Cancellation All endorsements and certificates shall provide for a 30-day written notice of cancellation to the city. D. INDEMNITY 1. CONTRACTORS and PERMIT HOLDERS, as defined in Section I .A. 2 (a) and (b) above, shall be required to indemnify city, its officers and employees from liability, pursuant to the city' s indemnity agreement attached hereto and incorporated herein by this reference as Exhibit -4- 6277 CERTIFICATE * INSURANCE "E°"� `"7/18/1995 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Milestone Insurance Agency DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 8 Corporate Park, #130 POLICIES BELOW. Irvine, CA 92714-5105 COMPANIES AFFORDING COVERAGE (714) 852-0909 Fax(714) 852-1131 COMPANY A Golden Eagle Insurance Company LETTER Eagle COMPANY MSURED LETTER Varkel Construction, Inc. COwPw C 23141 La Cadena, Suite "L" LETTER Laguna Hills, CA 92653 COMPANY LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TILE INSURFD NAMED ABOVE FOR THE POLICY PEHIOD INDICATED. NOTWITHSTANDING ANY REQUIREMFNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DGCUMENT WITTI RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY niE POLICIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEFN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POUCT EFFECTIVE POLICY 009LAMON L11QTS LTR DATE SM 4-01), V) DATE(MOYMC)TY) A GENERAL LJABMM GENFRAL AGGREGATE f 2, 000, 000 X COuMERCIAL GENCRAL LABL;TM CCP 26 n 95-01 PRODUCTS.COMP.OP AGG $ 1, 000, 000 CLAIMS MADE X OCCUR 0 3/0 6/9 5 0 3/ 0 6/9 6 PERSONAL a ADV wu'iY $ 1, 0 0 0, 000 OWW-IrS&CONIRAC1OR5 PROT- EACH OCCUFWENCE $ 1, 0 0 0, 000 FIFE DAMAGE("one rre) S 50, 000 MED EXPEItSE(4,Y one Permn) S 5, 000 AUIMMOBIL LLABAM - COMBINED SWGLE -ANY AUTO LAIR s _ALL O1NN1 0 AUTOS BODILY INJURY SCHFW.FO AUTOS ('sr oersM) s HIRED AUTOS RODLY INJURY (Pe-*c dMI) S NON-OriTED AUTOS GA.FRAGE LIABILITY PROPERTY DAMAGE S E]cen LUUNLrrr - - EACH OCCURRENCE $ 1, 000, 000 UMBRELLA FORM EXC 26 28 95.01 0 7/18/9 5 03 0 6/ 96 AGGREGATE S 1, 000, 000 X OTHEP THAN UM3.-TELLA FORM WORKERI COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND APPROVED AS TO FOR}d: DISEASE POLICY LHIT $ ERIPLOYERS- UA84HY GAIL HUTTON,. City Attorney DISEASE EACH EMPLOYEE S OTHER 13Y: Depsty City Attorney . . . . ... ..DIMCRP KR IVN OF OATIONSWXATNRAryE]IICLL%WECLAL FTEYs - City of Huntington Beach, Its Officers and EmQloyees are named additional insured as respects General Liability per endorsement CG-840 . Re: Project #92013, Municippal Pier Building--Ruby' s Restaurant*10-day notice of CANCELLATION in the event of non-2ayMent CERTIF[CATIF HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 817FORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Huntington Beach LEFT, Robert Martinez 2000 Main Street A R IVE T Huntington Beach CA 926484 ACORD 25 (7190) mACOAD CORPORATION IM STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 cOMPENSATION IN S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JUNE 12 , 1995 POLICY NUMBER. CERTIFICATE EXPIRES: CITY OF HUNTINGTON BEACH RISK MANAGEI•iENT 2000 MAIN STREET HUNTINGTON BEACH , CA 92648 :303 : ALL OPERATICNS L This is to certify that we nave issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the polgpenod indicated. This policy is not subject to cancellation by the Fund except upon 1�i days'advance written notice to the employer. We will also give you YETI days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. X. l PRESiOENT PAPLOYER ' S LIABILITY LIMIT INCLUDING DE- LN-SE COSTS: S1 ,600 ,000 PER OCCURRENCE ENGORSE;'ENT #2O65 ENTITLED CERTIFICATE HCLDEnS ' NOTICE EFFECTIVE 02/01 /n5 IS ATTACHED TO AND F'CRMS A PART CF THIS PDL I'.Y . APPROVED AS TO FORNI- GAIL HUTTON„ City Attorney RECEIVED By.ta Deputy City Attor ey �--� 1995 l 1 .5 G/)o 1 y� VARKEL CONSTRUCTION INC. EMPLOYER VARKEL CGNSTRUCTIOU , INC . 423141 LA CADENA DRIVE . #L LAGUNA HILLS , CA 92653 THIIS DOCUMENT HASA RILUEPATTERNEIXIIACKGROUND. POLICY HOLDER'S COPY �11® SUAHCE DAM ( o 6/28/19 5 " 9 -THIS BINDER IS A TEMPORARY INSURAN CONTRACT, SUBJECT TO THE CONDITie SHOWN ON THE REVERSE SIDE OF THIS FORM. .......... -PRODUCER ...... .... - - -- - - - COMPANY -- --- -- Smoot NO- LUMBERMAN' S UND ALLIANCE 000018 Smith-Newman-Adamson ... ... DATE E]UMATTOTN TnEE 285 Imperial Hwy. #104 X ,,,, X .12�01 AN Fullerton, CA 92635 06/28/95 12 : 01 PU 08/28/95 NOON (714) 773-4084 THIS BONDER IS WUED TO EnE1NO COVOU.iE:N THE ABOVE NAA+ED CODE SUS-CODE COMPANY PER OPGTl+G POLICY NO DESCRIPTION OF OPOtATIOAf& ETIICLES&ROPMM (kv-WI q Lwaronl DCSURFA VARKEL CONSTRUCTION, INC. JOB LOCATION 23141 LA CADENA DR. , #L pUBY'S DINER - HUNTINGTON BEACH PIER LAGUNA HILLS, CA 92653 COVERAGES ElMITS TYPE OF INSURANCE COVERAGE MRHS --- -- ALSOUNT DEMCT19L= COINSUA PROPLATY CAUSES OF LOSS _ BUILDERS RISK 1, 195, 000 5,000 BA$IC BROAD. X SPEC- GETNERAL UA13LM GENERAL AGGREGATE s COMMETS(DAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $ CLAMS MADE OCCUR PERSONAL 6 ADV- R1AJRy $ OW EIS d CONTRACTORS PROT. EACH OCCURRENCE S FRE DAMAGE (My wd firs) s ............ RETRO DATE FOR CLAFIS MADE- MED.EXPENSE(Any one poison) AVTOM013KI LIABILITY ODAQINEp SINGLE L[MfF S ANY AUTO BODILY U JURy(Per M rion)--- -S ALL OWNED AUTOS / BODILY IN,AIRY(Per accdonq S CSCREOULED AUTOS r� NOPERrY OA AGE $ NPED AUTOS ,f MEDICAL PAYMENTS S NOWYWED AUTOS + - PUSON►L V.LIURY PROT $ - - GARAGE LIABILITY UNINSURED MOTORLST s AU ;—NTSICAR DAMAGt CEDUCTTBL.0 ALL VEHICLES SCHEDULED VDIX F4 ACTUAL CASH VALUE COLLISION STATED AMOUNT S OTHER THAN COL OTHER EXCESS LLA6gfT rACH OCCUFMIICr S UMBRELLA FOPOA AGGREGATE f OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAJ+AS MADE SELF-INSURED RETETNnON S STATUTORY LvAFTS WORKER'S COSiMSATION F_A.CIiA AID s AND 1 E]iILYUW LSASRSTT f .. LIMITSftc S ►AL C M 30 DAY NOTICE OF CANCELLATION APPLIES . -HAVE ADDRESS: MCFU AAcm ADDITSONAL L45URED X :LOS$PAYEE ................ CITY OF HUNTINGTON BEACH LOAN 0 2000 MAIN STREET HUNTINGTON BEACH CA 92648 ,ACO7RIi 7�.>e3€7l9oy : - eACDRIf�C HPQ lAifOTE ISM DEPARTMENT OF PUBLIC WORKS INDEMNIFICATION, DEFENSE, HOLD HARMLESS FORM In consideration of working in the public right of way ("CONTRACTOR") Jarkel Construction , 23141 La Cadena , Suite L , Laguna Hills , CA 92653 (hereinafter named "CONTRACTOR"), hereby agrees to protect, defend, indemnify and hold and save harmless the CITY OF HUNTINGTON BEACH, (hereinafter named "CITY") its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death, injury, property damage, arising director or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. NAME OF CONT CTOR A Q kc Co w1 S-VQV fi�o ci '1 i C 1. By: Title (signature) W % - Date: -- � Z5 (print 7— i 2. By: Title (sig at e} t Smuwkt'T U KV-iCk:F L Date: -- (print name) APPROVED AS TO FORM: ity City Attorney to 3,0f 9S If a corporation, TWO OFFICERS must sign: or, in the alternative, present satisfactory . evidence of your authority to bind your corporation. 0448G PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) PUBWCNOTICE NOTICE INWINt3 AL I am a Citizen of the United States and a SE C(E B Notice Is hereby given resident of the County aforesaid; I am that the City council of the Gty of Hun w+gion Beach, over the age of eighteen years, and not a SCeall'4arbidds for the PAU- NICIPAL PIER BUILDING in party to or interested in the below the City of Huminglon entitled matter. I am a principal clerk of Beach. Catifo th t in aG COrtlNtce with the Dtans and Specifications and spe p pie brd cartierencs +v1u the HUNTINGTON BEACH INDEPENDENT, a omioc"`°ine otrect in of be hold at 9=0° am. In Public Works. Documents Room 0-8 of City Hall on newspaper of general circulation printed November 22. 1994- The will be available On Novem- meeting will enable the bid. Der S. 1994. A charge of darn to acquaint them• and published in the City of Huntington SBO.hot relundabte,will be selves with the bxistin required for each eet of conditions at tth Pier, and Beach, County of Orange, State of sgec+lica_trana and ac- conditions the bidders the Companyor+g drawings. g DIRECTOR OF PUBLIC CiDponurvty to ask ques• California, and that attached Notice Is a WOAKSESTIMATE tions. Ali bidders are true and complete copy as was printed Work n�h Construction strongly bidvised&hall to attend of the Municipal Pier Build• roan bid form be made Oerf On a form to be ob- uantlly'timA Sum IWnw at the office Of the and published in the Huntington Beach In DecordanCa with prov) Director of the Public sloe a Seetlon 1773 ith Of the Works. Dovofopment Wing, and Fountain Valley issues of said slon Code. the State of 2000 Main Street, Hunting. Labor Co .the Ot the ton Beach, California- shall newspaper to wit the issue(s) of: be Sealed and fled wan Depanment of industrial the City Clerk at the CiviC Rotations "I determine Cpn10, Second Floor Ad- the generai prevailing rage ministration Building. 2000 01 wages,applicable to the Main Street, Huntington work to be done;copies Of Beach,C01ornia.On or be- the latest general wage fore 2-00 p rn Of Tuesday, rate daterminatlons are on December 6,1994. file at the office of the City The Bids will be opened Clerk and the office Of the and publicly read by a NOVeilber 10, 17, 24, 1994 Duector Of Public Works of Comnuttee composed of the Cityy Of Huntington the City Clerk and the Di. Beach.CaffOrrua. rector of Public Works or Plans and specifications. their authorized reprosenla- tOgether with proposal Live in the City Council i form may be Obtalned at Chambers 01 the City Of I declare, under penalty of perjury, that Huntington Beath 1m. the Ofin a Of the Director of modidtely after the Bid Li- the foregoing is true and correct. 20Diic works, city Hat-l. deadline r9S 11 c7 � 2000 tiAaln Street, Hunting- he rewire of "id bid. ton Beach,CA 92648. ding will be reported to the No bid wio be received City Council of Said City of Unless It is made on a Huntington Beach at their t bLw%k form furnished by the regular meeting held on 79. Executed on November 24 , ` 99 A The tspocial attentionkof tt994. et 6=30onday. cember p-m in the prospective bidders is City Council Chambers In at Costa Mesa, California. called to file proposal the Civic Center Or said quuements,set forth in the City of Huntington Beach. spe6ilications,for full duac- and award of contract shall tions as to the bidding. be acted upon by said City Substitution of securities Council at that meeting. for any Monies withhold by The City of Hunlinglon the City to Insure perform- The reserves the right to ante shall be permitted in reject any Or all bids, and / accordance wtrh provisions to accept the bid deemed _ of the California Govern- for the best interest of the Mont Code.Section 4590- City of Huntington Beach, No bid will be accepted California. nrotn tike Sod ta Class"BS cB o the City of H order of the untington Signature (General Binding in Beach, 7.199 . this No tOr's License)) in aC- vember 7,1994. cordance wrrh the law. ATTEST: Contilo under the prov+slons of .Brockway,City Clerk Chapter 791. Statutes Of Published Huntington 1929. as amended, or Beach Fowtutrl YWt In Chapter 17. Statutes Of 1939. as amended, or to dependent November 10. whom a proposal form has tT,24.1M. not been issued by the City 112.355 of Huntington Beach. - — • l�la �p pa, OktreL 0's Y's PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange ) I am a Citizen of the United States and a Pus N OTICEicE NOTICE resident of the County aforesaid; I am INVITING SEALED BIDS over the age of eighteen years r Notice and not a cc'o'g y given that the Gityi Cs h Web OunGI 01 the party to or interested in the below City of Huntington Beach, California will receive entitled ma�ler. I am a principal cleric of seaied bids tot me MU. NICIPAL PIER BUILDING In the HUNTINGTON BEACH INDEPENDENT a the City of Huntington ac- t Beach. California in sa newspaper of general circulation, printed `and spetd�"° Minh the plans and.l[I spa cial and published in the City of Huntington office theons Directle Inor f I A pie-bid conteiera. In silica of the Directs of be held at 9 00 e.m- In Public Works. Documents Room 64 of City Hall on Beach, County of Orange, State of 6 °A chrtu a iNovembw 22. 1994. The barg mooting will enable the bid- CalifCalifornia and that attached Notice is a �Dufedrlo� 'set of lifers to acquaint them- ornia, � Salves with the existing true and complete copy as was printed spripan tlpns and ac• will gives at the Pier, and con'Penyl drawings- will glee the bidders the DIRECTOR OF PUBLIC 'Opportunity 10 ask queS- and published in the Huntington Beach WORKS ESTIMATE lions. All bidders are Work Item: Construction strongly advised to attend. and Fountain Valley issues of said of the iAurucipal Piet Build. Each bid shall be made out on a form to be o� newspaper to wit the issue(s) of: r uantlty Lump Sum tallied at the office of trio fn accordance with provi. Director Of the Public Sion Of Section 1773 of the Works, DOvelopmonl Wing. Labor Code, the State of Y000 Main Street. Hunting- Caffforrde, Director of the ton Beach, Califorrua: &hall Departn ent of Indus ' be Sealed and tiled With Rotations shall doternune the City Clark at the Civic the gerwral prevailing rage Center, Second Floor Ad- of wages,appUCabie to the m"suption Building, 2DOO work to bo dons.,copies Of Main Street, Huntington Noveai�er 10e 17, 24, 1994 the latest general wage Beach.California,on or be- rate dolerminations are on lore 2 00 p-m. of Tuesday. file at the office of the City December 6,1994. Clark and the office Of the Trio Bids will be opened Dueclor of Public Works of and publicly road by a the City of Huntington committee composed of Beach.Galiftitnia. the City Clerk and the Di- declare, under penalty of perjury, that pla 1 t and spacifrcations. rector of Public Works or together with proposal their authorized representa. the foregoing is true and correct. form may be obtained at I tNe in the City Council I Chambers of the City of the office of the Director of Huntington Beach im. Public Works, City Halt, modialely after the Bid lil. 2000 Ltaln Street, Hunting ing doaclung. ton Beach.CA 92tA.- Tha'results O[ Said bid- Executed on NoVeMaez 24 , 199 4 -- - No bid w-a be recarved ding wail be reported to the unwss it Is made on a City Council 01 said City of at Costa Mesa, California. blank form furnished by the HuntinglOn Beach at their Director Of Public Works_ regular meeting hold on The spatial attention of Monday. December 19. prospe Clive bidders is 1994. at 6-30 p-m. in the called to the proposal to- City Council Chambers in gOlremenls,aw lorlh in the the ChitC Center Of Said speeiffcatians,for fill direC• City Of Huntington Beach. irons as to the bidding_ and award of Contract shall Substitution Of SOCutitiOS be acted UprOn by said City for any monies withheld by Council at that meeting. ! the City to Insure perform- The City of Huntington aria Shall be perminOd in Beach ta'erves the right to aCCOrdanee with provisions reject any or all bids. and of the Caklorrva Govern- to accept the bid deemed ment Code.Section 4590. far the best fnterest of the Signature NO bid will be accepted City of Huntington Beach, hom a contractor who Is CaLforme- not llconsed in Ciass '-B" By order of the City Coim- (General Budding Con Sic. G1 of the City of Huntington tor'S License)) in ac. 'Beach, California this NO- cordance with the law, vember 7,1994- Li the provl!iari9 of ATTEST: Connie Chapter 791. Slatutes of Brockway,City Clerk 1929. as amended, or l Published Huntington chapter 17. Statutes of I 1939. as amended, of to iBaac1>Fovnfain Valley lr1 whom a proposal.form has Idependerit November 10. �( . :J ✓ t101 boon lssuad:by'tha City 117.24.1994. Huntington Be ch. 112455