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HomeMy WebLinkAboutAmwest Surety Insurance Company - 1995-05-15L'j 1� Le" HU"NGTON BEACH TO: FROM: CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION THOSE LISTED HEREON ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT cc q03 w - _S ep _ \_�) v._e_ 3 l `t rl DATE: x& HE-6 C� 17 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. . N �P��� AN VILLELLA, Director of Finance certify that no stop notices are on file on the subjeq at tbis_time. Date: Lk P LES JONES, Publi ortrs'Director i I certify that no stop notices are on file on the subjec contract and that a guaranty bond has been filed. Date: J �h 7 CONNIE BROCKWAY, CiVdrerk certify that there are no outstanding invoices on file. Date: S (BAR •FRI tENRICH, City Treasurer 0011042.01 07/18/96 10:46 AM I have received Maintenance Bond No. 003004998 Re: Construction of South Beach Restroom #1 Project; CC-908 Dated: ?/-5 % 9 • L�- Far West Insurancc Company MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, BOND NO: 003004998 PREMIUM: Included in Performance Premium charged on 12 month Bond basis at Suretys current rate. Amwest Surety Insurance Company (hereinafter called Principal, as Principal, and FAR WEST INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nebraska and authorized to.transact a general surety business in the State of California , (hereinafter called Surety), as Surety, are held and firmly bound unto City of Huntington Beach, California Two Hundred Thirty Seven Thousand (hereinafter called Obligee), in the sum of Nine Hundred Ninety Three and DOLLARS($ 237,993.75 ) 75/100 lawful money of the Uoited States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal entered into a contract with the said Obligee, dated July 26 1995 for South Beach Restroom No. One - CC-908 and, WHEREAS, requires that these presents be executed on or before the final completion and acceptance of Chaarani & Associates, Inc. said contract and WHEREAS, said contract was completed and accepted on December 16 1996 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy without cost to the Obligee,any defects which may develop during a period of (1) One Year months from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this o�-,!(qnt nn shall be void; otherwise it shall be and remain in full force and effect. SIGNED, SEALED AND DATED THIS DAY OF January 9 1997 '"- .���°5v ....aP oRt c ' :0 ;W€' DEC.14, 0= 1995 ' 3 2�6 R A5 ��`,. By: Amwest Surety Insurance Cofnpany Principal 17" . Signature FA WEST INS' CON WANY rney-Intl-Fact E EXPIRATION DATE 9-30-98 POWER NUMBER 0000650018 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insurance Company, the parent co. of Far West Insurance Company (the "Company"), on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA maybe made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local branch office at (818) 246-53s3 KNOW ALL BY THESE PRESENT, that Far West Insurance Company, a Nebraska corporation (the "Company"), does hereby make, constitute and appoint: IRENE E- MEYERS DAWN M. ALFKE THEODORE HERTZ ASHRAF ELMASRY JOHN CABLE DEBRA A. PINTO TAH CARAZZA DENISE M. PHINDER RICHARD E. BLOCK EDWAR EDWARD C. SPECTOR AS EMPLOYEES OF FAR WEST BOND SERVICES its true and lawful Attomey-in-fact, with limited power and authority for and on behalf of the Company ty t execute �Jd affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Millero r perfo argf nce or other written obligations in the nature thereof as follow: q��, All Other Bonds $••5,000,000.00 Federal Contract (Performance & Payment) $•"**479,000.00 Small Business Administration Guaranteed Bonds up to $ * * 1,250,000.00 and to bind the company thereby. This appointment is made under and by I, the undersigned secretary of Far West Insurance Company, a Nebrask or 'on, DO effect and has not been revoked and furthermore, that the resoh IN of Dirk the By -Laws of the Company, are now in full force and effect. 003004998 9 Bond No. Signed & sealed this ilt ilt * * * * * +It * * ilt RE Article II, Section 7 of the By -Laws of Far West beurance 1 resolutions adopted by the Board of Directors oftftqst I RESOLVED, that the President or any ri"c%jesIgent, the mp6y�ich are now in full force and effect. at this Power of Attorney remains in full force and arth ower of Attorney, and that the relevant provisions of Wi f Karen G. Cohen, Secretary F DIRECTORS +It * * ilt tlt ilt * ilt ilt sealed by facsimile under and by the authority of the following duly held on July 28, 1983: e R'ctetary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the+insrknt a dentin offinent in ilydc�i' case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakinnces, tys2lip o 146 ions of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any POA previously granted rson.RESOLVED FURTHER, that an,nde 'ng, r gni suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vi res tan est and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any c res' ent a+(,tary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or age t; or y (iii) when duly executed and sealed (if required) b ne or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by a ompany to such person or persons. RESOLVED FURTHER, that the signa re of any authorized officer and the seal of the Company maybe affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Far West Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 14th day of December, 1995. John E. Savage, Pre dent Karen G. Cohen, Secretary State of California County of Los Angeles On December 14, 1995 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) t in ru en he ers n( , o he nti u n eh of which the ygrson(s) acted. executed the instrument. "��,,, WITNESS hand and official seal. PEG+':Y B.IDFiON 5 .. R q ij/ Com bdon flal"M p,P o q� Cam' -� Notary PtbAc — CaYbn�lo �: V '•. Signature (Seal) 1�M0«MCounty f = '• n = te& yVLofton, Notary PAW My Comm. Ex0m Awo 6.1999 W ': ` DEC.14, O 1995 dd e R AS. %QQ %da; - y ' ...*.. �% Far West Insurance Company M • L7 DECLARATION OF SATISFACTION OF CLAIMS 1, M A 2 K 777, /3 1. R M k , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled $aNA 13,egek `P-Ae,x 47,6 1 , and dated —`0 ' 9� 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state `'NONE") 1V 6V", e—„ I declare under penalty of perjury that the foregoing is true and correct. Executed at D`r tJwil on this /!� day of MAP4, 1997 (Yignature of ConiTa2(or) g:ckc ca_shcon2 Cite of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on ,& Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. / -A;' Si ature and Title g:cc .cashcon l GAIT. 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 19, 1996 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir; Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion. Please return the conformed copy, document number, recording date, book and page number. Sincerely yours, Connie Brockway / City Clerk CB/jc Enclosure: Amwest Surety Insurance Company ti l6 40 RECORMNO REQUEStrr•tj WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 ,Recoraeo in the c of orange, California i Gary L. Granville, Clerk/Recorder 11111111111111111111111111111 Jill No Fee 19960649072 09 ; 06am 12/26/96 005 20008426 20 18 �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 Amwest Surety Insurance Company who was the company thereon for doing the following work to -wit: Construction of South Beach Restroom #1 Project; CC-908 That said work was completed December 16, 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 accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, December 16, 1996. That upon said contract Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated'under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 19th day of December, 1996. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) _ � c I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City X Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that tit 4 c, _, 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 c �; said City Council. Dated at Huntington Beach, California, this 19th day of December, 1996.. City Clerk and ex-officio Clerk ;L of the City Council of the City of Huntington Beach, California g:\fo11owup\nsep1gs \j i 19 dCC.a:iC:'.t is S :G.'•.y iGt' U. officiale so ' Lne City of li a ;: !. '.r..:! •- ;n_, as contem- 1p,-lted Cede G/followup/ccnoc Sac. 6103 ar.0 should be recorded Free. of charge. m�t.G;vernment Agency 1=IUN�IId�,iON BEACH CMM�C, , y �@ii1111' EirockwaY it 0'd �clerk DeputY f'ItY N Council/Agency Meeting Held: . (o Deferred/Continued to: ❑ Approved ❑ CondiVa lly Approved E�Denied t--^ / _ e.A. -1 nae- - Council Meeting Date: December 16, 1996 qlq � City Clerk's Sighature Department ID Number: PW 96-088 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/PARKING AUTHORITY ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: �%S M. JONES li, Director, Public Worksfu RON HAGAN, Director, Community Services SUBJECT: South Beach Restroom No. 1; CC-908, NOTICE OF COMPLETION Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Statement of Issue: Amwest Surety Insurance Company, has completed its contract for the construction of the South Beach Restroom # 1 Project. Fundinq Source: Sufficient Parking Authority Funds in Account No. E-CX-PC-908-6-31-00, and Federal Land and Water Conservation Grant Funds were authorized for this project. Recommended Action: Accept the improvements of the South Beach Restroom # 1 Project at a projected final cost of $271,059 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None 0022451.01 11 /25/96 2:32 PM REQUliST COUNCIL/PARKING AUTHORI'-__AGTION MEETING DATE: December 16, 1996 DEPARTMENT ID NUMBER: PW 96-088 Analysis: On May 15, 1995, Council awarded a construction contract to Chaarani & Associates in the amount of $252,000. The adopted contract budget also included $25,200 to cover possible change orders and $2,000 for Supplemental Expenses, for a total of $279,200 to construct the South Beach Restroom #1 Project. On March 8, 1996 Chaarani & Associates filed for bankruptcy, and therefore, could not complete the project. On May 6, 1996, the City entered into a Takeover Agreement with Amwest Surety Insurance, the bonding company, to complete the improvements at the original contract price. These improvements are now complete per the approved plans and specifications. Therefore, the Directors of Public Works and Community Services recommend acceptance of the project and request that the Notice of Completion be filed by the City Clerk. The project was completed under budget and the following iss-a summary of the project costs: 1. Contract Amount: 2. Change Orders: Subtotal 3. Supplemental Expenses Total Council Approved $252,000 25,200 $277,200 2,000 $279,200 Actual Expenditures $252,000 19,059 $271, 059 2,000 $273,059 Change orders were issued to 1) accelerate certain bid items; 2) provide temporary electrical service; 3) material and equipment substitutions; 4) add a brick pilaster in the electrical room; 5) provide modifications to meet current building codes; and 6) provide assorted items (restroom accessories, concrete pads and painting of columns) requested by the city Environmental Status: Not Applicable Attachment(s): None LMJ:DB:ERC 0022451.01 -2- 11/25/96 2:32 PM PRODUCER Jim Legaux Contractors Network Insurance Services 2000 East Fourth St. Suite 110 Santa Etna, CA 92705 714-285-1395 INSURED Mahr Construction 425 Rider St Suite A-3 Perris, CA 92517 G, e�-_ ej- eoE5 ' DATE (MM/)D/YY) 5/13/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Ranger Insurance Compa(n COMPANY B COMPANY C. COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR A OWNER'S d CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GL0673410 5/11/96 5/11/97 GENERAL AGGREGATE S 2,000, 000 PRODUCTS - COMP/OF AGG S 1,000, 000 PERSONAL 8 ADV INJURY S 1, 000, 000 EACH OCCURRENCE S 1, 000, 000 FIRE DAMAGE (Any one tirel S so, 000 MED EXP (Any one person) S 5, 000 COMBINED SINGLE LIMIT S BODILY INJURY (Per person) BODILY INJURY (Per accident) ` — - -- PROPERTY DAMAGE S j GARAGE LIABILITY AUTO ONLY • EA ACCIDENT C ANY AUTO''�' OTHER THAN AUTO ONLY: -• ��,. EACH ACCIDENT C fy r rn I AGGREGATE '- -1� EXCESS LIABILITY'�;`' eS _5 EACH OCCURRENCE S , r 7 m ^'; I-V x'rrI UMBRELLA FORM �pir AGGREGATE co �"� OTHER THAN UMBRELLA FORM ,'�..% S_'• ,� _S�' =.. .. WORKERS COMPENSATION AND > EMPLOYERS' LIABILITY THE PROPRIETOR' PARTNERS/EXECUTIVE INCL OFFICERS ARE: EXCL �^ TO^nY_ LIMITS. ER._ _ K �s EL EACH ACCIDENT 0S) EL DISEASE • POLICY LIMIT S 'L DISEASE • EA. EMPLOYEE S DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS G •� ` City of Hungington Beach, its A gn-�s, Officers and Employees are named additional Insured. Endorsementr�t'o follow. CERTIFICATE HOLDER City OF Huntington Beach Risk Management 2000 Main St. Huntington Beach, CA 92648 ATT: Mr. Dennis Coultor CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY 1M{LY iEPDXJD{Of+".TR MAIL 30 DAYS^ITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ER XIIDCMiTSiXOODi 57{94Xa Ob y,AAI�c�.If��Ro� ��, oa►,+P.w�yY,.►�5,•.��+����'4°'u��°.T}�.. _. AUTHORIZED REPRESENTATIVE S ACORD 25-S (1/95) % i ` O ACORD CORPORATION 1988 sun, ?5: 1996•� S:4?A u.' POLICY NUMBER: -'QW 673410 7 Iv o.. I l y l • r. I; 1- COMMERCIAL GENERAL UABILITY 04201010413 %W: THIS ENOORSEMINT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. 0 ADDITIONAL INSURED - OWNERS, LESSEES OR, CONTRACTORS (FORM Q) This endo►sernent modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COViRAGE PART 8CMEOVLE Nor"e.of Person yr Organization. City of Suntiogton beach its, Agents, Officers, and, Employ Risk M=ageaan 2000 Kain St. .0untington $eacb, CA 92648 (If no entry appears above, information rfquired to complete this endorsement will be shown imthe Declare- tions as applicable to this snoorsernain) i WHO I$ AN INSORE4 (Section ll) Is amended to inciade as an insured the pemon or organitotion shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that In- wed - Ca 20 10 10 a3 Copyright, Insumnss Services 2VIra. Inc.. 1992 � r -CJ- 1 7JV i J • C7 L7VIyRlJ j h'QV t.�r��.%tJr•r r l rrl.:'_,: P.O. SM a2M80T;.SANfRANCZ=. C4,9442-08aT J1l9 J r7 Jib' t'. 10G/17d COMPrtlM"fluff I"aU"AKCQr. FUND CERTIFICATE OF WOR-COMPENSATfIFII MSURili+i.M r CI Ts apr PUETZC to ? . 0.. BOX 1"` - .�" _ `� _ ' ,• HUNTTNG.Oil'BMX-!. V' CA, '926 �'. _ _ .....: ' --Kx • , . L This is to certify that we hive issued a va)id Workwt, Compensation insurance policy in a.forrn approved, by the California Insurance Comrnfasionerto the "employer namvC. belomforthepollO rlott'lMalc a- polity is not subject to cancellation by the Fund- xaept:upon teK*ye advance written notfcetothe en+ployar '0 we win aisc giro you TEtR"' advance notice should' NS policy be cancelled prior to -its normal expiroon. This certificate orin3urance is not an insurance policy an&..does not amend. wGend'or afterhe coverage afforded by the policies listed herein. Notwithstanding any reCuirement, term, or condition of any: contract' or oilier docurnant•, with• respect to which this certificate of insurance may., be -issued: or may permM, thac,lnsurancs aftrded by The poScles. described hereirris sut ieato all the•tesrtts: exclusiorrsand t:or�dltlorsgn[sucnpclia'ies:. PaBS/CS�" • TieM7'Li;E: .) _ -i'CLZBEMS r ,)..•25i95 IS >TT+C`?=J O A';`D. �??:'+.5 �Ai�'_ JP r EMPLOYER, • H SCFi?:BL �►JCL�i 8E'. A�iD' ..IQ?Ai •.r: yy rrCOX3TR V`11 VCR ,j.Y _ _ 'g_.•.ia: .T ••fl.. i.'• ..'�'��+ M. ST. Ste' �4,ZZS� yRiBi _Li. j,CA IJ•Cz�i. �� �•'.�• •,^.�fe~�.`,.'i•,•r't :. I.:'•1'r1�fYr^J.-µ{il.�.w �T..'�i�.?�•' J;,.L •y._. �.�^.+fir .t�I .'; - `Y`.. w: - ^ :>:. �'.� `�;, -�T_'r:.i~.u?V�% '�C_r . a" i �cN 'io. .� •'k'•�-.. TOTAL P.02 CITY `7F HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 20, 1996 Amwest Surety Insurance Company c/o Guardian Group, Inc. Attn: Mr. Todd M. Bauer, Executive Vice President 700•N. Pacific Coast Highway, Suite 200 Redondo Beach, CA 90277 Re: Takeover Agreement - Amwest Surety Insurance Company Dear Mr. Todd M. Bauer: The City Council of the City of Huntington Beach, on May 6, 1996, approved the Takeover Agreement Between the City of Huntington Beach and Amwest Surety Insurance Company for the completion of the construction of the South Beach Restroom Number One - CC-908. Enclosed is a copy for your records. If you should have any questions, please contact the City Clerk's Office (714) 536-5227. Sincerely, !. Connie Brockway, City Clerk, CMC cc: Les Jones, Public Works Director Eric Charlonne, Civil Engineer Assistant Amwest Surety Insurance Co., Senior Claims Examiner, A. Schooley G/cbmem/96-058kw I I Mlenhnne: 714-536-5227) REAST FOR.CITY COUNCIL AC i ION MEETING DATE: May 6, 1996 DEPARTMENT ID NUMBER: PW 96-028 i Council/Agency Meeting Held: S— Deferred/Continued to: pproved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: May 6, 1996 Department ID Number: PW 96-028 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministrfaLti_ PREPARED BY: Ramon Hagan, Director of Community Servi '-Les M. Jones II, Director of Public Works SUBJECT: South Beach Restroom Area Number 8; Takeover Agreement Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachments) Statement of Issue: The City Council previously authorized a construction contract with Chaarani & Associates for the construction of a public facility commonly known as the South Beach Restroom Area Number One. The contractor has since filed bankruptcy. Funding Source: City Council has approved the funding for this project. No additional funds are required to complete this project. Recommended Action: Approve the Takeover Agreement between Amwest Surety Insurance Company and the City for the completion of the construction of the South Beach Restroom Number One, CC-908., and direct that the required insurance certificates be submitted to the Department of Public Works and approved by the City Attorney Alternative Action(s): prior to commencement -:of construction. Do not approve the recommended action and forego the construction of these improvements. 0018422.01 -2- 04/26/96 2:23 PM REWEST FOR CITY COUNCIL AC i ION MEETING DATE: May 6, 1996 DEPARTMENT ID NUMBER: PW 96-028 Analysis: On May 15, 1995, Council approved a construction contract for the South Beach Restroom Area Number One, CC-908. On March 8, 1996, the contractor, Chaarani & Associates, filed for bankruptcy. During the last month and a half, Staff held talks with the bonding company, Amwest Surety Insurance Company and came to terms on a Takeover Agreement.. The bonding company has arranged for the completion of the work with a new contractor. Staff recommends that Council approve the recommended action. Environmental Status: Not Applicable Attachment(s): 1. Takeover Agreement MTU:LMJ:ERC:gd 0018422.01 -3- 04/26/96 2:23 PM TAKEOVER AGREEMENT (South Beach Restroom No. One: CC=908) (Bond No. 003004998) YWY This Agreement made and entered into this day of A7ff 1996, by and between Amwest Surety Insurance Company (hereinafter "Amwest") and the City of Huntington Beach (hereinafter the "City"). WITNESSETH: WHEREAS, Amwest is a corporation incorporated under the laws of the State of Delaware, is licensed to do business in the State of California; and, WHEREAS, the City solicited- bids for work described as South Beach Restroom No. One: CC-908, (hereafter the "Project"); and WHEREAS, after receipt of the aforementioned bids the City entered into written Contract ("Contract") with Chaarani & Associates, Inc. ("Chaarani") dated July 26, 1995, to perform the Project, said Contract is attached hereto as Exhibit "A"; and incorporated herein in its entirety; and WHEREAS, Amwest on or about June 21, 1995, provided its Performance Bond No. 003004998 in favor of the City to secure the performance obligations of Chaarani pursuant to the Contract, attached hereto as Exhibit "B"; and WHEREAS, Amwest on or about June 21, 1995, provided its Payment Bond No. 003004998 to secure the payment obligations of Chaarani in conjunction with the Contract, attached hereto as Exhibit "C"; and WHEREAS, by letter dated January 26, 1996, the City formally notified Chaarani that they were in default of their Subcontract and looked to Amwest for fulfillment of the Contract; and NOW, THEREFORE, in consideration of the mutual promises set forth herein, Amwest and the City do hereby covenant and agree to the following: 1. Amwest agrees to takeover the Contract and perform or procure the performance of all work in accordance with the terms and conditions of the Contract. 2. The City agrees to pay Amwest, upon the terms and conditions provided in the Contract, the entire balance to date in the amount of $228,751.66. 3. The City agrees to extend the completion date of the contract 100 working days from the execution of this Agreement and waive all liquidated damages, accrued as of the date of execution of this Agreement. 4. Amwest's obligations to takeover and complete the Contract under the bond and this Agreement shall under no circumstances exceed the penal sum of its Performance Bond No. 003004998, in the amount of $252,000. To the extent that reasonable and necessary, payments made by Amwest as provided for in this Agreement exceed the unpaid Contract balance per paragraph 2, any such payments. shall serve to reduce the penal sum of the Amwest's Performance Bond. 5. The parties hereto agree to the designation of Mahr Construction ("Mahr") as Amwest's completing contractor for purposes, of performance and completion.of the Contract. 6. Notices. All notices given under or pursuant to this Agreement may be sent via facsimile and, shall be sent regular mail weekly, and shall be deemed to have been delivered when physically delivered to: . I with a copy to: and to the City: Amwest Surety Insurance Company c/o Guardian Group, Inc. 700 N. Pacific Coast Highway, Suite 200 Redondo Beach, CA 90277 Attn.: Mr. Todd M. Bauer, Executive Vice President Amwest Surety Insurance Company 6320 Canoga Ave., P.O. Box 4500 Woodland Hills, CA 91365-4500 Attn.: Ms. Alison H. Schooley, Senior Claims Examiner City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn.: Randy Huttenberger 7. This Agreement is binding upon the parties hereto and their successors and assigns. No rights shall accrue under this Agreement, however, to or for the use or benefit of any person or entity other than Amwest and the City. 8. This Agreement may be amended only in writing signed by Amwest and City. TAKEOVER AGREEMENT Page 2 of 3 9. Amwest and the City have voluntarily executed this Agreement based on their independent investigation. 10. This Agreement represents the entire integrated Agreement between Amwest and the City and supersedes all prior negotiations, representations or agreements with the exception of the Contract and the Performance and Payment Bond. If any provision of this Agreement conflicts or is inconsistent with the termsand conditions of the Contract and/or Payment and/or Performance Bond, the Contract and' said Bonds shall be controlling. 11. The provisions of this Agreement shall be applied and interpreted in a manner consistent with each other so as to carry out the purpose and intent of the parties. If for any reason any provision of this. Agreement is unenforceable or invalid, that provision shall be carried out with the same force and effect as if the severed provisions had not been a part of the Agreement. IN WITNESS WHEREOF. Amwest and the City have executed this Agreement on the date first written above. VA i ATTEST: City Clerk M/M— .s AMWEST SURET INSURANCE CO. By; Title: kiP Date: �- - 30 q �o CITY OF HUNTINGTON BEACH By: ���, �' -M_ Title: 'Mayor Date: !/�� 2 APPROVED AS TO FORM: -V l ity Attorney ITTAWD AND AP D (A- ---- ctor o Works TAKEOVER AGREEMENT Page 3 of 3 AMWES'i SURETY INSURANCE AMPANY WOODLAND HILLS, CALIFORNIA BOND NO. 003004998 PREMIUM $6,040.00 Premium based on tine! contract prico. PERFORMANCE BOND Any singular roference to Contractor. Surety, Owner or outer patty shall be considered plural where applicablo. CONTRACTOR (Name and Address): CHAARANI & ASSOCIATES, INC. 3746. WEST CHAPMAN AVENUE., SUITE 200 ORANGE, CA 92668 OWNER (Name and Address): CITY OF HUNTINGTON BEACH P O BOX 190 HUNTINGTON BEACH, CA 92848 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY 268 W. HOSPITALITY LANE, SUITE 206 SAN BERNARDINO. CA 92408 CONSTRUCTION CONTRACT Date: June 7, 1995 .Contract Number: CC 908 Amount: Two Hundred Fifty Two Thousand and 00/100 Dosrription (Nance and Location): SOUTH BEACH RESTROOM NUMBER ONE HUNGTINGTON BEACH CALIFORNIA BOND Amount: Two Hundred Fifty Two Thousand and 00/1 DO Signed, soalod and dated this 21st day of JUNE, 1995. UN-A3001 12M t 1 ",'�o +4 v 1. OAS Dollars ($252,000.00). Dollars ($252.000.00). CHAARANI & ASSOCIATES, INC. Principal By: Siynaitiro of Principal AMWEST SURETY INSURANCE COMPANY JAY P. REEMAN _ Attancy-in-Fact BY: — — (9Ee NEXT PAGE FOR TERMS AND CONDITIONS) Signaturo of Attorney -in Fact AMINES i SURETY INSURANCE L.JMPANY BOND NO. ()03004008 Performance Bond 1. The Contractor and the Surety, pinity and 6evarally, bind themselves, their hoirs, executors, administrators, skimnswis: pod assigns to the Owner for the performance of the Construction Contract, which is incorporated heroin by reference. 2. If din Contractor periorrtt6 tho Construction Contract, Iho Suroty and the Contractor shall have no obligaoon uWer this Band, cxeept to participate in conferences as provided in Subparagraph 3.1. 3. It tttctre is no Owner Default, ilia Surety's obligation under this BoW shall ariso after. 3.1 The Owner has notified the Contractor and Vie Surcly at its address described in Paragraph 10 below that the Ownor is considering declaring a Coolract Default and has requested and attempted to arrange a conference with the Coniraciw and the Surety to be held not later than fdltawn days after roceipt of such notiro to discuss methods of performing the Construction Contract. It Ilia Owner, the Contractor and 1he'Suroty agree, the Contmotor shall bo allowed a reasonable time to perform the Construction Contract bill such an agreement shall not waive the Owner's right, if any, subscqucntty to declare a Contractor Default, and 3.2 'rho Owner has declared a Cuntruclor Defauft and formally terminated the Contractor's right to cemplufe the contract. Such Comractor Default shall not be declared eadior than twenty days after the Contractor and the Surety have receivod notice as provided in Subl)arailrapil 3.1: and 3.3 i110 Owner has agreed 10 pay the Balance of the GoniraCl Price to the Surety in acoordanee with the touts of the Construction Conuacl or to a contractor selected to perform ilia Construction Contract in accordance with the tarns of Uto conract with the Owner. 4. After Ute Owner has declared Contractor in dofauR and has satisfied Ins conditions of Paragraph 3, and Ihn Surety has conducted its own prwipt and reasonable investigation as to whether or not the Contractor's default has actually occurred, Ute Suroty may at its own option elect trio or more of the fotlowing actions: 4.1 Arrange for trio Contractor, with c:onsonl of the Owner, to perform and complete the Construction Conirnrt; or 4.2 Underlako to perform and complete Iho Construction Contract itself, through its agents or through indeptendunl contractors; or 4.3 Obtsin olds or nogoiiated proposals from qualified contractors acceptable In the Owner for a contract for O"rfurmaneo and completion of the Construction Contract, arrange for a contract to be prepared for exocution by the Owner and Iho Contractor selected with the Owner's wneur7onco, m be secured with performance and payment bonds oxocutod by a qualified surety equivalent to the bonds issued nn the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in oxcoss of the Balance of the Cuntr+ci Price incurred by the Owner rosuhing from the Cuntraotor's default; or 4A Waive its right to perform and complete, arrarigo for completion, or obtain a new contractor and with reasonable prurtrptrtosr; under the circurnstancos. .1 After investigation, determine the amouni for which h may be liable to Vie Owner and as snort as practicable allor tho amount is determined, tonder payment therefor to the Ownor, or .2 Deny li,lbility in whole or in parl and notify Vie Owner citing reasats theireloro. 5. If iho Surety proceeds as provided in Subparagraph 4.4, and tho Owner refuses the payment iondorod or the Surety has denied liability, in whole or in part, wcthout further notice tho Owner shall be errtitied to enforce arty remody available to tho Owner. 6. After the Owner has torminefed 4te Calllractor's right to complete the Construction Contract, and if the Suroty ulur:ln In act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibirnes of the Surety to the Owner shall not be groater than thnMA of the Comractor under the Construction Contract, and the rAtpponsiblities of the Owner to the Surety shall not be greteter than Ihrtan of the Owner under ure Construction Contrad. To the line t of trio amount of this Bond, but subject to commitment by the Owner of tho Salancu of the Contrtct Prioa to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication tor. 6.1 Tho rusportstbtlities of the Contractor for correction of defective work and completion of the Constructiun Cuntraol; and 6.2 Liquidated damages, or d no liquidmod damages are speci*d in Uio Construction Contract, actual ctan'ra{,los caused by delayed performance or non•petiormanee of the Contractor. 7. The Surety shall not bo Gable to the Owner or ullrers for obligations of the Contractor that arc unrelatod to the Consirucficxi Contreca. and the Balance crf Vie Contract Price shall not be reduored or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to trny porson or entity other than fire Owner or its heirs, executore, administrators or successors. 8, The Suroty hemby waives notice of arty ulranqu, inchicing changes of time, to the ConsuuMbil Contract or to related subcunuuc:ts, purchase orders and other obligWions. 9. Any proceoding, legal or equitable, under this Rood may Im institincd in any court of curnpuloru jurisdiction in the location in whi ch IN) wick or part of tfte work is located and shall be instituted within six months after Contractor DoWilt or within six months after U1e Cortlrac:tor eoast:d working or within six months after the Surety refused or Inifs to porform its obligations under this Bond, whichever omas first. It the provisiars of this Paragraph are vokt or prohibitod by law, the minimum period of limharlion available to sureties as a dolonso in ttte jurisdiction of the suit ,;hall be-applirable. 10. Nolico to the Surety, Vie Owner or the Contractor shall be nraiW or delivered to the address shown on tho signature page. 11. When thus Bond has boon furnished to comply with a starutery or other legal requirsntnrlt in trio location where the conalnretion was to tn; porformed, My provision in this Bond conflicting willi said statutory or other legal requirenlorrt shall be deemed incorpixolcfd horcin. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by Vie Owner to the Contractor under the ConsUt&ction Contract auer all proper adjustments have been made, including allowance 10 the Contractor of any amounts received or to be rocoivod by the Owner in suloontcnt of insiranc. or ntttor claims for damages to winch trio Contractor is entitled, or reriiwod by all valid and proper payments mhde to or on bohar( of Uio Contractor under the Construction Conirnrt. 12.2 Construction Contract Tire agreotnonl between the Owner and the Contractor identified on " signaturo page,. including all Contract Documents and changes thereto. 12.3 Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with IN) terms of the Conatruclicni Contract 12A Owneu Dctault Failure of the Owner, which hoe noilhor boon remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms hereof. 2 UN-A3001 12J91 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. =5G7 State of CALIFORNIA County of SAN BERNARDINO On 6/22/95 DATE before me, FRANCES LEFLER, NUrARY PUBLIC NAME Tm_ OF OFFICER • cG..'.:ANE CCE NOTARY PUSUC- personally appeared KELL Y A. SAITMAN, ATTORNEY -IN -FACT NAMES) OF S;GNER(S) x❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(t) whose name(-&) is/ar-e subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in hi-tiher/t4e4f authorized capacity(ie-sr), and that by i4's4her/ ""••••••••••••••••......... signaturet# on the instrument the person( , FRANCEZ Z S COMM.OMM. #1058976 S LEFLER or the entity upon behalf of which the ,; P i NOTARY PUBLIC-CAUFORNIA S 1 SANBERNARDINOCOUNTY P person(.&) acted, executed the instrument. my COMM. �eExp.eetisi �999i WITNESS my hand and official seal. SIGMA USE OF NOVY 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 "mis form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CCRPORATc oFric2A Truest ❑ PARTNER(S) ❑ UM=. ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUS I is) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REsPRESEN71NG: NA►AE OF PRtSON(S) OR eMTY(rM DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DCCUME:VT NUMBER OF PACES DA c OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATICNAL NOTARY ASSCCIAT10N • 8Z96 Remmet Ave.. P.O. Box 7184 -Canoga Pwlc. CA 91309-7 18S Ajy WES1 SURETY INSURANCE( oMPANY ' WOODLAND HILLS. CALIFORNIA BOND NO. 003004.998 PREMIUM $6,04.0.00 Premium included,In perlormance bond PAYMENT BOND Any singular roforence to Contractor. Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): CHAARANI & ASSOCIATFS, INC. 3745 WEST CHAPMAN AVENUE„ SUITE 200 ORANGE, CA 92668 OWNER (Name and Address): CITY OF HUNTINGTON BEACH P0BOX 190 HUNTINGTON BEACH, CA 92048 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY 260 W. HOSPITALITY LANE, SUITE 206 SAN BERNARDINO. CA 92408 CONSTRUCTION CONTRACT Date: June 7, 1995 Contract Number: CC 908 Amount: Two Hundred Fifty Two Thousand and 00/100 Dollars ($252,000.00): Description (Narne and Location): SOUTH BEACH RESTROOM NUMBER ONE HUNGTINGTON BEACH CALIFORNIA BOND Amount; Two Hundred Fifty Two Thousand and 00/100 Dollars ($252,000.00). Signdd, sfualed and dated this 21 st day of JUNE. 1905. CHAARANI & ASSOCIATES, INC. Principal Sy: tY lot Signawro of Principal 7 PW4 AMWEST SURETY INSURANCE COMPANY �' t• tvfi JAY P. FREEMAN AttDrnoy-in-Fact c4crrowl' By: Signature of Attorney -in -Fact A" uN-A30021"1 t (SEE NEXT PAGE FOR TERMS AND CONDIT10145) AMWEST SURETY iNSURANCE WMPANX Payment pond BOND NO. 003004998. t. Tho Contractor and the Suroty, jointly and severally, LHnd thomsolvvs, their heirs, executors, admiNf4ralors, successors and assigns to the Owner to pay for labor, (natanals and equipment furnished for use in Vtp Performance of the Construction Contract, which is incorporated hurehi by roforonoe. 2. With respecl to mho Ownor, this obligation shall be null and void it the Contractor- 2-1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 DoR"s, indemnities and tabs harmless tho Owner from all claims, demands, Irons or suits by any person ur entity whose labor, materials or equlpment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address descrbed in Paragraph 11) of any claims, demands, lions or suits and tendered defer use ul stic4l claims, drxnands, liens or suits to the Contractor and tho Surety and provided there is no Ownor Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or irrdirtwity, for all sums duo. 4, The Surety shall leave rtu otdtgation to Ctainiams under this Bond until: 4.1 Claimants who are employed by or havo a direct contract with the Contraulur have given notice to Vie Surety at P.O. Brix 4GOO, Woodland Hills, California 91365-4500 and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under Utts Llond end, with substantial accuracy, the anio urtt of Uxf claim. 4.2 Claimants who do not have a direct cuttlracl with the Convactor. .1 Have furnished written notice to the Contractor and stint a copy, or notice thereof, to the Owner, within 90 deiya allur having late performed labor or last furnished materials or equipmenl inchrdod in the claims stating, with eubstantisl accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was dono or performed; and .2 Havo oithor racefvod a rejection in whole or in part hem the Contractor, or not rerceivoct within 30 days of furnishing the above notice any communication front the Contractor by which the Contractor has irW;Ltated tho claim will be paid directly or indirectly', and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety;et P.O. Box 45p0, Woodland I fills, California 91365.4500 and sent a copy, or notice thereof, to the Owner, stating that a clam is being made under this Bond and (nnclosing a copy of the previous written notico'hrrnishod to the Contractor. S. ff a notice rAquirod by Paragraph 4 is given by the Ownor to Ilic Contractor or to the. Surety, that is sufficient compliance. S. Tho Surety's total obligation shall not exctsod the amount of this Bond, and the amount of Utis Bond small be croditod for arty payments made in good faith by the Surety. 7. Amounts owed try Ure Owner to the Contractor under the Construction Contract shall be used for the perfoninarlce.of Ulv CunalriiClion Contract and to satisfy claim§, if any, under any Construction Performance Bond. By the ContfacL-x furnishing and the Owner atxepting this Bond, they agree Utat t+ll tends named by the Contractor in the performance of tho Construction Contract are dedicated to satisfy obligatiotis of tho Contractor and "the Surety under this Bond, subject to the Owner's. priority 10 use the funds for the completion of the worn. 8. The Surely shall not be cable to the Owner, Claimants or others for obligations of Ure Cunlraclur that arc unrelated to the Construction Contract. The Owner shall not be fable to make payments to, givo notices on behalf of, or otherwise have obligations to Claimants under this Bend. 9. l'ho'Surety horeby waives notice of any chs n©e, including changes of time, 10 Die Construction Contract or to related subcogtrects, purchase orders and other obligations. 10. No suit or action shall Do commenced by a Claimant under iris Bond other than in a court of competent jurisdiction in thelion in which the work or part of ilia work is Located or after Vie expiration of six months from the date (1) on whieli the claimant gave the rv6li6o required by Paragraph 4.1 or Clause 4.23 or (2) on which Ito last labor or service was performed by airfortN or liter last matorials or equipment were furnished by anyono under the Construction Contract, whichever of (1) or (?.) first occurs. It the previsions of this Paragraph are void or prohlbhod by law, the mininiurn period of limitation available to sureties as a d(,lenso in lho jurisdiction of the suit shall too applicable. 11. Notice 10 the Surety, ilia Owner or Vie Contraclor shall be mailod or delivered to Zhu aoldurss spocihcd or shown on the signature page. Actual roeoipt of notice by Surety, the Owt)or w the Contractor, however eocornplieltod, shall bo sufficient compliance as of the date received At the address shown on the signature page. 12. When this Bond has been furnishod to comply with a statutory or olhur legal rtquiremcm in the location whore the Construction was in eo performed, any provision in this Bond conflicting with said statutory or 1WTd ronuiroment shall be deemed delettad herefrom an(l provisions conforming to such statutory or other legal roquiremoni shall be deemed incorporated herein. 13. Upon request by any person or entity appearing to be a polorrial,' beneficiary of this Bond, the Conlr;'iclor sriall plornptly furnish a copy of, this Bond or shall patmit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a dirocil contract with the Contracior or willi a sutwontractor of the Contractor to hrrniah lotxn, materials or equipment for use in the performance of mho Contract The intent of this Bond sltall bit to include without limilkilton tit the 16rins "labor, materials or equipment' 111e1 part of wator, gas, power, light, heat, oil, gasoline, telophono service or rental equipment usti4 in int) Construction Contract, architectural and on0inooring services requirwl for performanco of the work of the Contractor and Uie GOhtraulo('S subcontrsctom, and all o0er (toms for which a mechanic's lien may be osscrted in the jurisdiction where the labor. rriRlemUr or uquipmrim were furnishod. 14.2 Construction Contract. The egreotrnnnt between the Owner arA the Cunttaclor identified on Une signature page, including all Contact Documents and changes thereto. 14.3 Owner Default: Failure of Via Owner, which has neither boon romedicd nor waived, to pay the Contractor as required by tlic Construction Contract or to perform and complete or comply with tho other terms thereof. UN•A3002 12111 rrl./�,i►!J/!!„/lll./!l�G�11 1!!�1!lllllllJlfllf No.:S07 State of CALIFORNIA County of SAN BERNARDINO On 6/22/95 before me, FRANCES LEFLER, NOTARY PUBLIC DATE NAME nTLc OF OFFICER - =G.. %IANE --CE. VOTARY PUBLIC' personally appeared KELLY A. SAITMAN, ATTORNEY —IN —FACT NAMFfS) OF S;GNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(e-) whose name(-e) is/a;.e subscribed to the within instrument and ac- knowledged to me that he/she/l#e executed the same in his/her/#lre-i-r authorized capacity(+e-g}, and that by i�/her/4*ei•r •••••0e•e•••••«...........eee,e signaturetsj- on the instrument the person(, Z FRANCES LEFLER or the entity upon behalf of which the S _„ COMM. UC UOF R Z personHe acted, executed the instrument. p �_ NOTARY PUBLIC-CAUFORNIA S SAN BERNARDIN0 COUNTY P eeooeeeeeoeei EXP. May 14 1999 ii99i9i� WITNESS my hand and official seal. SIGNATURE OF NO _RY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on to document and could prevent fraudulent reaLtac; meat of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORA c OFFICER ❑ PARTNEF(S) Trrt:--s ❑ L mrm. ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTE=(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS AEPRESEiITING: NAME OF PERSCN(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NAICNAL NOTARY ASSCCIAT)ON • 8236 Remmet Ave.. P.O. Box 7184'• Canoga Pam. CA 91309-718- E\PIRATION DATE 3-30-96 POWER NUMBER 0000460102 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo ( A ) of Amwest Surety Insurance Company (the "Company') on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a California corporation (the "Company', does hereby make, constitute and appoint: KELLY A. SAITINUIN JAY P. FREEMAN AS EMPLOYEES OF AVERBECK INSURANCE BROKERS its true and la kful Attorney -in -fact with limited power and authority for and on behalf of the Company slue' o exccuG. liyer'and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Mill Act other perfoitna, -bond or other written obligations in 9 ' the nature thereof as follow: License & Permit Bonds up to S*****10,000.00 Miscellaneous Bonds up to S*****10,000.00 Bid Bonds up to S**1,000,000.00 y Contract (Performance & Payment), Court, Subdivision S**2,500,000.00 and to bind the company thereby. This appointment is made under and by auilhon� 0-the By-L'au-*of Tie Comp ) phich are now in full force and effect. kofci] ce'i,the undersigned secretary of Amwest Surety Insurance Company, a California dorporatioEEBYTIFY that this Power of Ariomey remains in full force and effect and has not been revoked and furthermore, that the eso icons of the Boaorforth on this Power of Attorney, and that the relevant provisions of the By -Laws of the Company, arc now in full forNdBal Bond No. 0 0 3 0 4499 8 Simed &sealed this 21- y ofy i le 9 5 �r Karen G. Cohen, Secretary st fi # pt qtS IONS" OFF THE BOAR( LOF DIRECTORS This POA is siened and sealed by facsimile under�la,by a auih of the followirK solutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December.15, 1915: 7r 1.r RESOLVED, that the President or anVice Presiden nj with thgSecretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the inaLumezrtetiidenci the appomtmentrin''each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, underta / re5bgruzances, an ur ship ob)i tions of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any POA previously gran t�-i�personn, RESOL%T_D FURTHER bond, t�dei}a�.ing, reco_gni anc , or suretyship obligation shall be valid and bind upon the Company: _ (i) when signed by the President or any ' ceresident an ested and sealed (if a seal be required) by any Secretary or Assistant Secretary, or (ii) \;hen signed by the President or Prest ice id rr etary or Assistant Secretarv, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or�agent or v (iii) when duly executed and sealod�{t�seal ereet�ud) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attome ssuedb.the Companydo such person or persons. RESOLVED FL tha•aigrrature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution andelivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN %1ITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 1st day of January, 1993. John E. Savage, Pre dent Karen G. Cohen, Secretary State Of California County of Los Angeles On January 1, 1993 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is'are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I1MN-ESS hand and ol3ieial seal. OFFICIAL SEAL \\Ill\W1lltt!!ln�� PEGGY B. LOFTON IP1SU,9 �,,� Notary Pubiic-Califamla k, yc LOS ANGSM COUNTY .. ���JQ •''prO ORq' F Signature (Seal) i My s �,• �V Y TF . n ; e . Lofton, Notary Pu ��o....1.. I.9.... ..b e _W' �j� 51 O.'0p= 97 �a :: :�' :ir j. C P• a ti 6„ • C/FOR ''r � :::� '//!�!!l111111111111�1\\\ 0 r r FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CHAARANI & ASSOCIATES, INC., FOR CONSTRUCTION OF THE SOUTH BEACH RESTROOM NO. 1 (CC-908) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW - PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW - PENALTY 7 15. PAYMENT OF TRAVEL 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19.. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 30. DEFAULT & TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER 15 32 NON -ASSIGNABILITY 16 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND ACT 18 42. CONTRACT WORK HOURS 18 43. CLEAN AIR ACT 19 44. ENERGY CONSERVATION 20 45. _ HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ATTORNEY FEES 21 48. ENTIRETY 21 3WRESTROOM/AGREE/05/31 /95 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CHAARANI & ASSOCIATES, INC., FOR CONSTRUCTION OF THE SOUTH BEACH RESTROOM NO. 1 (CC-908) THIS AGREEMENT is made and entered into on this 26th day of July , 1995, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and CHAARANI & ASSOCIATES, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as the construction of the south beach restroom no. 1, in the City of Huntington Beach, California; 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: STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, 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 3WRESTROOM/AGREE/05/31 /95 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 of 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 1991 edition of Standard Specifications for Public Works Construction, published by Builders 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 2 3/K/RESTROOM/AGREE/05/31 /95 Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of 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 Two Hundred Fifty Two Thousand Dollars ($252,000) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of 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 3 3/K/RESTROOM/AGREE/05/31 /95 to completion within one hundred eighty (180) calendar days from the execution of this Agreement by CITY, excluding delays provided for herein. 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 conditions 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 on 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 CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 3/K/RESTROOM/AGREE/05/31 /95 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the 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 guarantee the CONTRACTOR's faithful performance of the work; 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. 5 3/K/RESTROOM/AGREE/05/31 /95 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five 6 3/K/RESTROOM/AGREE/05/31 /95 dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder. shall, in accordance with California Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 7 3/K/RESTROOM/AGREE/05/31 /95 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. 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. 19. 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 working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for 8 3/K/RESTROOM/AGREE/05/31 /95 each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses cwould sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays 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 9 3WRESTROOM/AGREE/05/31 /95 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 claim 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. 20 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 to 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. 21. 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 10 3/K/RESTROOM/AGREE/05/31 /95 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 fact 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. 22. 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 payment 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 11 3/K/RESTROOM/AGREE/05/31 /95 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. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. 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 p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, 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. 25. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. 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 12 3/K/RESTROOM/AGREE/05/31 /95 undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. 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 13 3/K/RESTROOM/AGREE/05/31 /95 damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall 14 3/K/RESTROOM/AGREE/05/31 /95 pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLAN ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 15 3/K/RESTROOM/AGREE/05/31 /95 32. 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. 33. 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. 34. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. 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. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, 16 3/K/RESTROOM/AGREE/05/31 /95 modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis - Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 3/K/RESTROOM/AGREE/05/31 /95 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as 18 3/K/RESTROOM/AGREE/05/31 /95 supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the DPA List of Violating facilities. 19 3/K/RESTROOM/AGREE/05/31 /95 (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. 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 service expenses incurred by CONTRACTOR. 20 3/K/RESTROOM/AGREE/05/31 /95 47. 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 attorney fees. 48. 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. CHAARANI & ASSOCIATES, INC., a California corporation By: MOUNZER CHAARANI, President By: MAUREEN CHAARANI, Secretary ATTEST: City Clerl� CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: City Attorney INff IE TED ND AP OVED: EVIEWE APPROVED: 4�1a �^ Director City Administrator 21 3/K/RESTROOM/AGREE/05/31 /95 i Payment I have received the Faithful Performance Bond and the bond for South Beach Restroom Area Number One; CC-908 on behalf of the Treasurer's Office. Dated By: Chaarani & Associates, Inc. 3745 W. Chapman Ave., Suite 200 Orange. CA 92668 AMWEST St.,ciETY INSURANCE COh&NY WOODLAND HILLS, -CALIFORNIA BOND NO. 003004998 PREMIUM $6,040.00 Premium based on final contract price. PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicablo. CONTRACTOR (Name and Address): CHAARANI & ASSOCIATES. INC. 3745. WEST CHAPMAN AVENUE., SUITE 200 ORANGE, CA 9266E OWNER (Name and Address): CITY OF HUNTINGTON BEACH P O BOX 190 HUNTINGTON BEACH. CA 92648 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY 268 W. HOSPITALITY LANE, SUITE 206 SAN BERNARDINO. CA 92408 CONSTRUCTION CONTRACT Date: June 7, 1995 Contract Number: CC 908 Amount: Two Hundrod Fifty Two Thousand and 00/100 Dollars ($252,000.00). Doscription (Nance and I.ocation): SOUTH BEACH RESTROOM NUMBER ONE HUNGTINGTON BEACH CALIFORNIA BOND Amount: Two Hundred Fifty Two Thousand and 00/100 Dollars ($252.000.00). Signed, sonlod and dated this 21st day of JUNE, 1995. Aft t1N-A3001 12191 C14AARANI & ASSOCIATES, INC. Principal By: Signature of Principal AMWEST SURETY INSURANCE COMPANY JAY P. tREEMAN Attorncy-in•Fact By, Signaturc of Attorney -in -Fact (SEE NEXT PAGE FOR TERMS AND CONDITIONS) +- AMWEST ARETY INSURANCE C-,Am QOAi4Y BOND NO. p03004998. Performance Bond 1. The Contractor and the Surety, jointly and severalty, bind themselves, their hairs, executors, administrators, stim"sorIf lindiassigns to the Ownw for the perforntanc ee of Ilia Construction Contract, which is incorporated heroin by reference. 2. If tlto Contractor parforths (he Construction Contract, the Surety and the Contractor shall nave no obligation under this send, except to paniclpato in conferences as provided in Subparagraph 3.1. 3. It there is no Owner Default, ilia Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and ilia Surely at its address described in Paragraph 10 below that the Owner is considering declaring a Cordract Default and has requested and attempted to arrange a Conference with the Contraclur and the Suroty to be held not later than fillonn days after receipt of such notico to discuss methods of performing the Construction Contract. It Ilia Owner, the Contractor and the Surely agree, the Contractor shNN be allowed a reasonable lima to perform the Construction Contract but such an agreement shall not waive the Owner's right, if any, subsequently to dec4ae a Contractor Default; and 3.2 Tno Owner has declared a Contructor Default and formally terminated the Contractors right to Cornplole the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subpotiograltl 3,1: told 3.3 Tho Owner has agreed to pay the Balance of the Conlraia Price to the Surety in accordance with the terms of the Construction Comacl or to a contractor selected to perform the Construction Contract in accordance with the terms of Via contract with the Owner. 4. After Me Owner has declared Contractor in default and has satisfied Ilia conditions of Paragraph 3, and Ihn Suroty has conducted its own prompt and reasonable investigation as to whether or not the Contractor's default has actually occurred, Ufa Suroty may at its own option elect one or more of the totlowing actions: 4.1 Arrango for tno Contractor, wiUt consonl of the Owner, to perform and complete the Construction Contrnt:l; or 4.2 Ur>derlako to perform and complete Ilia Construction Contract itself, through its agents or through independeal contractors: or 4.3 Obtain Olds or negotiated proposals from qualified contractors acceptable to Ilia Owner for a contract for (x+rfmrmaneo and completion at the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the Contractor sclocted with the Owner's ooncurronco, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued ost tho Constn.mbon Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in oxc ass of the Balance of the Contract Price incurred by the Owner resuftog from the Cuntractor's delaull; a 4,4 Waive its right to perform and complete, arrmigo for completion, or obtain a flew contractor and with reasonable pranptnoss under the oircumstancos: .1 After investigation, determine the amount for which it may be liable to the Owner and as soon as practicable altar Ilia amount is detemiinod, tonder payment therefor to the Owner; or ,2 Deny liability in whole or in part and notify the Owner citing reason iltereloro. 5. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tondorod or the Surety ties denied liability, in whole or in pars, without further notice the Owner shah be erttilled to enforce any romody available to the Owner. G. After the Owner has terminated the Cocllraetor's right to complete the CunstnreUon Contract, and if the Suroty uhx:t:; to act under Subparagraph 4.1, 4.2, or 4.37 above, then the responsibirtes of the Surety 10 Ilia Owner shall not be greater than thomA of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be gre31e1' than Ihnco of the Owner under Via Construction Contract. To the limll of the amount of this Dond, but subject to commitment by Ilia Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for. 6.1 The responsibilities of the Contractor for correction of defective work and eorrrpletion of the Construction Contract; and 6.2 Liquidated damages, or if no liquidated damages are specified et Via Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shad not be liabtD to the Owner or ulhers (or obligations of the Contractor thal aria unrolatod to the Constructkxi Contract. and lho Balance of the Contract Price shall not be redueod of set off on account of any such unrelated obligations. No right of acliori "I accrue on this Bond to any porson or entity other than the Owner or its hairs, execOore, administrators or successors. 6. The Surely Ilernby waives notice of any uhangu, including changes of time, to the Construction Contract or to related t;ubcxmtrwI:;, purchase orders and other obligations. g. Any proceoding, legal or equitable, under this Bond may on instituted in any court of curnputrxtt jurisdiction in the location in whie;lr Iho work or part of itm work is located and shall be mstihrled within six months after Contractor Default or within six months after the Contractor coascd working or within six months aftrx the Surety refused or fails; to perform its obligations under this Bond, whichever octxrrs first. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of ilia suit shall be spplir:abla. 10. Nolico to the Surety, Via Owner or Ina Contractor shall be naartad or dolivered to the atddren shown on the signature page. 11. When this Bond has boon furnished to comply with a stalulory or other legal requirement in the location where the construction was to tx; performed, any provision in this Bond conflicting with said statutory or other Inal requiremort shall be deemed incurptxalod horcin. 12. DEFINITIONS 12.1 Balance of iho Contract Price: The total amount payable by the Owner to the Contractor under the Conelnrcljon Contract altar all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be recoivvpd by the Owner in sutUament of insurance nr nfhor claims for damages to which Ilia Contractor is entitled, a redcx:od by all valid and pfpppr payments made to or on behalf of tho Contractor under the Construction Contrarl. . 12.2 Construction Contras The egreomonl between the Owner and the Contractor identified on the signature page— inoluding all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to gomply with Iho terms of the Caretruuliat Contact. 12.4 Owner Default: Failure of the Owner, which has noilhor boon remedied nor waived, to pay the Colllraetw as required by to Construction Contract or to perform and complete or comply with tho other terms hereof. 2 UN-A3001 12191 •-NIA ALL-PURPOSE ACKNOWLEDGMENT frl1�C/�fl✓l1Jll1JJ./lllll,/.1 !llrlllfllf!-rJ11J111J^ No.:9or State of CALIFORNIA- County of SAN BERNARDINO On 6/22/95 OAT. before me, FRANCES LEFLER, NUTARY PUBLIC NAME. IITL:OF OFFICER . =—G.. *JANE :CE. NOTAAY PUBLC' personally appeared KELLY A. SAITMAN, ATTORNEY -IN= -FACT NAMES) OF: 3IGNER(S) x❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person( -a-) whose name(4) is/aye subscribed to the within instrument and ac- knowledged to me that he/she/149� executed the same in his/her/ti"e4r authorized capacity(iesj, and that by h-i�her/4n+r "•••*•+•++"++•+•e..... signaturet# on the instrument the person(, Z PRANCES LEFLER S COMM. #1058976 Z or the entity upon behalf of which the I' ,� NOTARY NBERNBLIINOC COUNTY P ersonL^) acted, executed the instrument. ] SAN BERNARDINO COUNTY P \'�/ eieeeseeee �ieee eeso eeaei1999 eoi WITNESS my hand and official seal. SIGNATURE OF NODURY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TiTL(s) ❑ PARTNER(S) ❑ UMn'ED ❑ GENERAL ® ATTORNEYAN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION • 8=6 Remmet Ave.. P.O. Box 7184 • Canoga Park. CA 91309-7184 AMWEST Sk dETY INSURANCE COrvk" ANY ' WOODLAND HILLS.-CALIFORNIA BOND NO. 003004.998 PREMIUM $6,04Q.00 Premium included,in pciiormance bond PAYMENT BOND Any singular reforonco to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): CHAARANI & ASSOCIATFS, INC. 3745 WEST CHAPMAN AVENUE„ SUITE 200 OSANGE, CA 92668 OWNER (Name and Address): CITY OF HUNTINGTON BEACH P0BOX ISO HUNTINGTON BEACH, CA 92648 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY 260 W. HOSPITALITY LANE, SUITE 206 SAN BERNARDINO. CA 92408 CONSTRUCTION CONTRACT Date: June 7, 1995 Contract Number: CC 908 Amount: Two Hundred Fifty Two Thousand and 00/100 Dollars ($252,000.00). Description (Narne and Location): SOUTH BEACH RESTROOM NUMBER ONE HUNGTINGTON BEACH CALIFORNIA BOND Amount: Two Hundred Fifty Two Thousand and 00/100 Dollars ($252,000.00). Signod, sealed and dated this 21 st day of JUNE. 1995. CHAARANI & ASSOCIATES, INC. Principal By �ptr tN—n Signature or Principal AMWEST SURETY INSURANCE COMPANY �' t. ►�fi JAY P. FREEMAN Attorney -in -Fact a1u�o�' By: Signature of Attorney -in -Fact UN-A3002 f 2/01 JSEE NEXT PAQF FOR TERMS AND CONDITIONS) AMWES'j PRETY I(48URANCE COIOANY -payment-pond BOND NO, 003004998. 1. The Contractor end the Suroty, jointly and severally, bind thomsolyQs, their heirs, executors, adrnumislrators, successors and assigns to the Owner to pay for labor, rrmalarials and equipment furnished for use in th0 Performance of the Construction Contract, which is incorporated herein by reference. 2. With reaped to the Owner, this obligation shall be null and void it the Contractor: 2.1 Promptly makes payment, directly or indirectly, for ali sums due Claimants, and 2.2 Defonds, indemnities and holds harmless tho Owner from all claims, demands, lions or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided tic Owner ties promptly notified the Contractor and the Surety (at the address described in Paragraph 11) of any claims, demands, lions or suits and tendered defense of such claims, domands, lions or suits to the Contractor and the Surety and provided there is no Owner Default. 3, With respect to Claimants, this obligation shalt be null and void it the Contractor promptly makes payment, directly or indirtw[ly, for all sums duo. 4, The Surety shall have re obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or haw a direct contract with the Contractor have given notice to tlno Surety at P.O. Box 4500, Woodland Hills, California 91365-4500 and sent a copy, or notice thereof, to the Owner, stating that a claim is Being made under this Bond and, with substantial accuracy, the anrount of Ilia claim. 4.2 Claimants who do not have a direct contract with the Contractor. .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 dayd r llur having last performed labor or last furnished materials or equipmentt inaludod in the claims stating, with substantial accuracy, tho amount of the claim arid the name of the party to whom ilia materials were furnished or supplied or for whom the labor was dorlo or performed; and .2 Have oithor roceivod a rejection in whole or in pail from the Contractor, or not received within 30 daysof furnishing the above no0co any communication front the Contractor by which the Contractor has irldiwied tho claim will be paid directly or indirectly, and . .3 Not having been paid within the above 30 days, have sent a written notice to the Surety at P.O. Box 45p0, Woodland I HIS, California 91365.4500 and sent a Copy, or notice thereof, to tho Owner, stating that a claim is being made under this Bond and onclotang a copy of ttte previous written notice furnished to the Contractor. 6. if a notice roquirod by Paragraph 4 is given by Ilia Owner to the Contractor or to the Surety, that is sufficient compliance. 6. Tllo Surety's total obligation shall riot exueod the amount of this Bond, and the amount of this Bond snail be Credited for any payments friade, in good faith by the Surety. 7. Amounts owed by we Owner to the Contractor under the Construction Contract small be used for the perfonnance.of tt)e Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner eceepting this Bond, they agree that all funds oarned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use tho funds for the completion of the work. a. The Surety shall not be liable to the Owner, Claimants or others for obligations of ilia Co nlraclor that arc unrelated to time Construction Contract. The Owner shall not be I'mable to make payments to, givo notices on behalf of, or otherwise have obligations to Claimants under this Bond, 9. 1'ho Surety hereby waives notice of any Mango, including changes of time, to the Construction Contract or to related subcogvrgcts, purchase orders and otter obligations. 10. No suit or action shall Do commenced by a Claimant under Mis Bond other than in a court of competent jurisdiction in flip Ilion in which the work or part of lho work is located or after the expiration of six months from the date (1) on which Ilia claimant gavo the n6tleo roquirod by Paragraph 4.1 of Clause 4.2.3 or (2) on which Umo last labor of service was performed by anyono or tho Iasi matorals or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (?.) first occurs. It the provisions of this Paragraph are void or prohibited by law, the minirnurn lxxiod of limitation available to sureties as a defernso in the jurisdiction of the suit shall be applicable. 11. Notice 10 the Surety, the Owner or the Contractor shall be mailed or delivered to Alto address spocilmed or shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however socomptmalmod, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or olhur Icpal requirement in the location where tho construction was to W performod, any provision in this Bond conflicting with said statutory or 690 requirement shall be deemed deleted herelrom and provisions conforming to such statutory or other legal roquirerrtont shall be deemed incorporated herein. 13. Upon request by any person or entity appearing to W a potornral, beneficiary of this Hond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a diroct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the fwformanco of the Contract The intent of this Bond shall bo to include without limitation fit the terms 'labor, materials or equipment" lhal part of water, gas, power, light, heat, of, llasoline, talophone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor arid the C-0rmtreclor's subcontractors, and ?A other Itoms for which a mechanic's lied may be asserted in the jurisdiction where the lahnr, mstemils or oquipmonl were furnished. 14.2 Construction Contract The agreernont between the Owner and Ilene Clnnliaclor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of tlne Owner, which has neither two romedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thoroof. UN•A3002 12/91 CALIFORNIA ALL-PURPOSE ACKNOWLE33GMENT NO. :5G State of CALIFORNIA- County of SAN BERNARDINO On 6/22/95 DATE before me, FRANCES LEFLER, Nu-rARY PUBLIC NAME. TIT1.= OF OFFICER - =G.. 'SANE :CE. uOTARY PUBLIC' personally appeared KELLY A. SAITMAN, ATTORNEY -IN -FACT NAME(S) CF SIGNER(S) ' C personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(*) whose name(-&) is/a;e subscribed to the within instrument and ac- knowledged to me that helshe/# *y executed the same in his/her/t4e4f authorized capacity(+e-a), and that by h+s/her/#*ems •pp0000pppppOpOppppppO000ppOp• signaturef# on the instrument the person(e),, Z FRANCES LEFLER z or the entity upon behalf of which the S ,� COMM. #10person( acted, executed the instrument. �_ ALIFOR3 p NOTARY PUBLIC-CAUFORNIA SAN BERNARDINO COUNTY P OppppppppppepjopO EXP. may 14, a14, 19999i 1 WITNESS my hand and official seal. SIGNATURE OF NO 1-RY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFiCFER TRLE(S7 ❑ PARTNER(S) ❑ LIMIT^a) ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS R03RESENTING: NAME OF PERSCN(51 OR ENTI MIES) DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF OCCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Parts. CA 91309-7184 *QUEST FOR ACTION MEETING DATE: May 15, 1995 DEPARTMENT. ID NUMBER: PW 95-031 Council/Agency Meeting Held: Deferred/Continued to: /r 47 -r 4Approved ❑ Conditionally Approved ❑ Denied Council Meeting Date: May 15, 1995 Clerk's- Department ID Number: PW 95-031 REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR WW PREPARED BY: Ron Hagan, Director of Community Servi Les M. Jones II, Director of Public Works SUBJECT: South Beach Restroom Area Number One; =-908 Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachments) Statement of Issue: The City Council previously authorized the solicitation of contractors for the construction of a public facility commonly known as the South Beach Restroom Area Number One., Funding Source: City Council has approved utilizing the Parking Authority fund for this project. The funds need to be transferred into Fiscal Account No. E-CX-PC-908-6-31-00 (South Beach Restroom Area No. One). A Federal Land and Water Conservation Grant will match 50 percent or up to $130,473 at the completion of the project. Recommended Action: 1. Approve the low bid of $252,000 submitted by Chaarani & Associates for the construction of the South Beach Restroom Number One; and 0011976.01 -2- 05/08/95 9:20 AM s r EQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: PW 95-031 2. Authorize the Director of Public Works to expend $279,200 to cover contract costs of $252,000, estimated construction Change Orders of $25,200, and anticipated supplemental expenditures of $2,000; and 3. Approve an amendment to the current year budget by appropriating $279,200 into account number E-CX-PC-908-6-31 for the South Beach Restroom Area Number One from the Parking Authority fund. Alternative Action(s): 1. Deny award of contract to Chaarani & Associates and select one of the other bidders. 2. Reject all bids and forego the construction of these improvements. Analysis: On April 4, 1994, Council approved the plans and specifications for the construction of the South Beach Restroom Area Number One, and authorized the Director of Public Works to solicit bids for construction. On May 17, 1994, bids were received and opened. However, the low bid exceeded the budgeted funds by over $26,000, and on June 20, 1994, all bids were rejected and Council approved the Department of Public Works to re -advertise the project. The plans and specifications were reviewed for cost reductions and a new set was prepared for the re -bid. On December 5, 1994, bids were received and opened for the South Beach Restroom Area No. One, and are summarized below: Contractor Total Bid 1. Chaarani & Associates $ 252,000 2. Sturgeon General $ 253,000 3. Mahr Construction $ 264,985 4. Hondo Company $ 274,900 5. Rohm Construction, Inc. $ 315,000 6. Varkel Construction $ 345,000 Based upon an award of a construction contract to Chaarani & Associates, the cost of the project would be as follows: Contract Costs * Construction Change Orders ** Project Supplementals TOTAL $ 252, 000 $ 25,200 2,000 $ 279,200 0011976.01 -3- 05/03/95 2:38 PM r EQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: PW 95-031 Examples of possible Change Orders include changes in field conditions, unavailable materials, errors in the plans, and changed city requirements. ** Examples of supplementals include soil testing, city services, etc. Environmental Status: Not Applicable MTU:LMJ:RH:gd Doc # 11968.1 0011976.01 -4- 05/03/95 2:38 PM 14�' CITY OF HUNTINGTON BEACH 0 INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Michael T Uberuaga City Administrator FROM: Robert J. Franz, Deputy City Administrator SUBJECT: Requested Appropriation for Construction of Public Facility F.I.S. 95-30 DATE: 05/05/95 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $279,200 to accommodate the construction of a public facility more commonly known as the South Beach Restroom Area Number One. Upon approval of the City Council, the balance of t e unreserved, undesignated Parking Authority Fund would be reduced to $2 ,0 0. Deputy City/Admihnistrator RJF:ar RCA ROUTING SHEET -`� INITIATING DEPARTMENT: Public Works SUBJECT: South Beach Restroom Area #1 CC-908 COUNCIL MEETING DATE: May 15, 1995 RCA ATTACHMENTS . .......... STATU$.:.,,.,.,. .......... ...... - Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable - Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (if applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EX .......... PLANATION FOR MI SING ATTACHMENTS": EXPLANATION FOR. RETURN ;OF ITEM: ......... ......... . (Below Space For City Clerk's Use Only) y _ ff [ /�J7 i r•- -,•.AFC - =_�1�= % �_�: j;..l_.:R�A,yM'^�M�j. �1:. :i:'aL'��' PRODUCER Alliance General Insurance Marketing P. 0. Box 651 Orange, CA 92666 (714) 324-7001 (714) 379-8833 INSURED Chaarani & Associates, Inc. 3745 W. Chapman Ave., #200 Orange, CA 92668 I ,cam- •�.,.x,.�.—w - ISSUE DATE ("AtdiDD!YY) C,•.9 �, r ., •. s � 6/27/1995 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO'FV. COMPANIES AFFORDING COVERAGE LETTERNY A Crusader Insurance Co. LETTERNY 13 Cal Comp COMPANY LETTER COMPANY LETTER COMPANY LETTER TF:'c IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO fWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE !SSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI. TIONS OF SUCH POLICIES. ;0 v PE OF INSU=.ONCE POLICY NUMBER POLICY EFFECTNE POLICY EXPA TION LIABILITY LIMITS IN THOUSANDS EACH DATE 1!M/DD DATE i69tDOhY) OCCURRENCE GENERAL Xj LIABILITY CIC803071 10/23/9410/23/95 BODILY $ 1, 000 _:+PR=HErsrvEFC= PROPERTY DAMAGE 8 Inc . \ c?c;+ISES10?ERP.TIO':S U',OERGROL4ID ' EXPLOSON & COLU?_ZE H.=2ARD P=ODUCTSICOMPLETED OPEP .T;O'JS CONTRCCTU.AL PD BI 8 BI COMBINED $Inc $ INDEPENDENT CONITR.-CTIOFSZ EROAD FORM PROP ERRTY DALLAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY A 5T r F-Aw I';IJiY ' ANY ALTO _L UNNE-0 AUTOS (PRN. PASS.) A' L O'r7i ED AUTOS p THAIr=?. �;^rJ+T'' • IV?P SSN� H!RED AUTOS I 3 fia PROPERTY NON-O'VINED AUTOS H DAMAGE S BI & PD GARAGE LIABILITY t—I COMBINED EXCESS LIABILITY UMBRELLA FORM PD BI & BI COMBINED $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION W 9 5 41 18 3 3 2 4/ 1 7/ 9 5 9/ O 1/ 9 5 STATUTORY• (EACH ACCIDENT) AND ' $ Inc.( DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY .. $ I n c . (DISEASE -EACH EMPLOYEE) OTHER )ESCR;PT10N OF OPERATtOrdS/LOCATIONSNEHICLES!SPECIAL ITEMS "_S 1'0R?.4:1 ,T v� a TO Huntington Beach South Beach Restroom No. One s-' ��%%!'. city Attorney A° ley 1>u :,; C,'c-LQx r i.¢F.? 7 _�t3,P:T•ri '`R..ral'a,±.r__c��;��'.J=�..:; =..`"..Ls,si'W^fi"� The City of Hunting ton -Beach SHOULD ANY OF THE ABOVE DES IBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL )00U- .N4QQ its Officers, Agents and ._Employ e MAIL-30—DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 Main Street LEFT, Huntington Beach, CA 92648 AUTHOR17ED REPRESENTATIVE .-A.,:J:_; �. �_ 3: ,.,,.Mtn, ....m, ~rm�.�.� - ._ .�.. ��.._ •- ._ •_ •__•.__•__._•------- -- A.! CITY OF-HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 26, 1995 Chaarani & Associates, Inc. 3745 W. Chapman Ave., Suite 200 Orange, CA 92668 CALIFORNIA 92648 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance gxckashcon (Telephone: 714536-5227 ) Bids received Dated December 5, 1994 10:00 AM C C-908 SOUTH BEACH REST ROOM Engineer's Estimate: $220,000 Engineer: Randy Huttenberger BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Adams/Mallory Construction 2. Allsta e Construction 3. Chaarani & Associates $ v� J�o2i 4. H. L. Miller $ 5. Hondo 6. Mahr Construction 7. Meridian Pacific Construction 8. Midland Construction 9. Rohm Construction, Inc. 10. States Link Construction, Inc. 11. Sturgeon General DOD del $ 12. United Builders 13. Universal Construction 14. Varkel Construction, Inc. 15. 16. BID OR PROPOSAL BOND GENEINSURANCE COMPANY, OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA S!v"ECO FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 . id VARKEL CONSTRUCTION, INC. KNOW ALL BY THESE PRESENTS, That we, of LAGUNA HILLS, CALIFORNIA (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY. OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, herein called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obliges) in the penal :lens of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID --- Dollars ($ 107. OF BID--------- ) or the payment of which the Principal and the Surety bind themselves, their e1rs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED and SEALED this 30TH day of NOVEMBER 1994 THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for "SOUTH BEACH RESTROOM, NO. 1" NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond be required, with surety acceptable to the Obligee for the faithful performance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. VARKEL CONSTR I Principal FIRSTA Q Q ANY OF AMERICA By ICHAEL A. QUIGLE Attorney -in -Fact (7 Registered trademark of SAFECO Corporation. S-1139/EP 9/92 PRINTED IN U.S.A. r C STATE OF CALIFORNIA SS. COUNTY OF ORANGE On NOVEMBER 30, 1994 , before me, J. JOHNSTON 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 entity upon behalf of which the person(s) acted, executed the instrument. WrrNESS my hand and official seal. Signa4ojE h 5 tti OPTIONAL STM J. 10 11 iNTTQ COMM. H1007524 Notary Public California M „ Q � ORANGE COUNTY cn My Commission Exp. 10/22/97 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TrLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL. ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES J DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 1 ALL-PURPOSE ACKNOWLEDGEMENT FIRST NATIONAL POWER INSURANCE COMPANY OF AMERICA KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA' 4333 BROOKLYN AVE NE SEATTLE. WASHINGTON 98105 No. 9589 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint NNN■NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNMICHAEL A. OUIGLEY, AIIso Viejo, CallfornlaNNNNNNNNNNNNNNN its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the Company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents R.A.-ISRS6V. SECRETARY This 15 t h day of CERTIFICATE November DAN D. 1-.1cLEAW. PRESIDENT Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 1993 . "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the Company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws. and 00 A copy of the power -of -attorney appointment. executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." 1. R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-1049/EP 1/93 .,S�?Wi' CF Q �oR P o Ra,�,c� S -AL Q T 1Q28�`��� a a this 30TH day of NOVEMBER .. A PIERSON SECRE ArW 19 94 . KNOW ALL MEN BY THESE PRESENTS: That we, INSURANCE COMPANY OF THE WEST P O Sox 81063 San D-ego. CA 92138 B11) OR PROPOSAL BONE) ROHM CONSTRUCTION, INC. (hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH in the just and full sum of TEN PERCENT OF THE TOTAL AMOUNT BID (hereinafter called the obligee) Dollars (S--- 10%--- ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 12/5/94 for SOUTH BEACH RESTROOM NO. ONE (CC-908) in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this iST day of DECEMBER 119 94 ROHM CON RUCTIIO TIM T Y If. ROHM, PRE INSURA E C MP Y OF T By WEST D. J. PICARD ICW CAL 120 Attorney -in. Fact CAUFORNIA ALL-PURPO" ACKNOWLEDGMENT State of CALIFORNIA - County Of ORANGE _) On 12/1/94 - before me, BEATA A. ARGUELLO, NOTARY PUBLIC personally appeared D. J. PICARD W personally known to me OR to be the personM whose namep) is/subscribed to the within instrument and acknowledged to me that he/W%PW executed the same in his/beqdkek authorized capacity), and that by his/hzqftb& signature" on the instrument the person00, or the entity upon behalf of which the personM acted, executed the instrument. WITNESS_ my hand and official seal_ �� • °' • BEATA A. ARGUELLO w COMM. #991500 (n Signature of No to ' 4 NOTARY PUBLIC -CALIFORNIA m Q ORANGE COUNTY MY COW. Expires APR.14,1997 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER: Though statute does not require the Notary to fill In the data below, doing so may prove Invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) Titles - - PARTNER(S) LIMITED GENERAL xxx ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: (name of =soig*ipr entity) INSURANCE COMPANY OF THE WEST THIS CERTIFICATE MUST BE ATTACHED TO THE FOLLOWING DOCUMENT: TITLE OF TYPE OF DOCUMENT: BID BOND NUMBER OF PAGES- of DATE OF DOCUMENT: 12/1/94 SIGNER(S) OTHER THAN NAMED ABOVE: CD - 7(a) INSURAN k.E COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: C. J. GRANGER, JR. ROBERT J. HANNA . TODD M. ROHM D. J. PICARD its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred In Its name, place and.stead, to execute, seal, acknowledge -and deliver any and all bonds, undertakings, recognizances or other written obligations In the nature thereof. 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 Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -In -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be It further "RESOLVED: That the Attorney -in -tact may be given full power to execute for and In the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this LOTH DAY OF OCTOBER 1985 PopO INSURANCE COMPANY OF THE WEST E F =cT \�cORP044rfo CAI/Folk President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this LOTH DAY OF OCTOBER 1$Mre the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. VVVV.%'w-.X :'Y'd�fn',Prg�NhgfL✓ti'VL'�J�! SEAL b r•, h; ^.i1 PORTER STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: �1lot-, Notary Public I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is In full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 1ST day of DECEMBER 1994. �jOMPANyo F `�LpRPOq,, IFS'=„ � f N T Z �RCM 1 ��, Secretary � hail-Ai '271QCN/ aiu')1 C4ilFOR%\* CALIFORNIA ALL-PURPOSE ACKN'WLEDGMENT No.5907 State of _ County of CALIFORNIA ORANGE On 12/1/94 before me, D. J. PICARD, A NOTARY PUBLIC , DATE NAME. TITLE OF OFFICER - E.G.. -JANE DOE, NOTARY PUBLIC - personally appeared TIMOTHY M. RORM , NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ to .be the person(s) whose name(z) is/zm subscribed to the.within instrument and ac- knowledged to me that het4beAUgy executed the same in hisftexkbaia authorized OFFICIAL SEAL capacity(ies), and that by hishAmuAlbak r W D.J.ICARD -CAsl natures on the instrument the ersonNOTARYPUBLIC - CALIFORNtA g ( ) p �)�o�GEECOUNNTY or the entity upon behalf of which the pqy��w1E19.may 22,I9 t person(s) acted, executed the instrument. WITNESS my han nd off icii eal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL El CORPORATE OFFICER PRESIDENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S). ❑ GUARDIAN/CONSERVATOR ❑ OTHER: - SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ROHR CONSTRUCTION, INC. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309-7184 4333 Brooklyn Avenue N.B Suple, WA 9810S BID BOND KNOW ALL BY THESE PRESENTS, That use, HONDO COMPANY INC. . . of 2121 S . LYON STREET, SANTA ANA , CA 92705 (hereinafter called the Priacipal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Wasbiagtoa as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF-HUNTINGTON BFACT (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF AMOUNT OF BTD. TEN PERCENT OF AMOUNT OF BID, Dollars (S l Oi OF AmnuNT ATn? for the payment of which the Principal and the Surety bind thetneelves, their heirs, executors, administraton, sttooaasars and assigns, jointly and severally, firmly by thew presents. ' THE CONDITION OF THIS OBLIGATION IS SUCH, That Wherese, the Principal has submitted or is about to submit a proposal to the Obligee ao a oaotreat far SO. BEACH RESTROOM NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such tithe u may be specified, enter into the contract in writing, and give bond, if bond is required, with surety aoosptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force turd of fact. Signed and sealed this 1st day of DECEMBER 19 94 Wit eeas f FIRST I,TIONAL INSURANCE COMPANY OF AMERICA, %//1L// l�I'Al21W e* J STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS. On DECEMBER 1, 1994 before me, SUE BURCHFIEL PERSONALLY APPEARED MATTHEW C. WELTY. ATTORNEY IN FACT 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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL COEBURCHREL MM. #975EL 404 0 �^ MWOTARY N&C • CAUFORNIA 70 ce RIMERSIDE COUNTY Vt My Comm. Dc, Ires Oci 15,1 M This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER nnE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Ma' `eM• 6/94 ALL-PURPOSE ACKNOWLEDGEMENT 4333 Brooklyn Avenue N.E. Seaule, W A 9810S KNOW ALL BY THESE PRESENTS: POWER OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA ATTORNEY 4333 BROOKLYN AVE NE SEATTLE. WASHINGTON 98105 No. 9762 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint rrmrrrrrrrrtrtrMrrrrrrrrmurMATTHEW C. WELTY; Corona, CelifOrnie��rrrrr���rrrrr�rr■MMr�rrrrrrr• its true and lawful attorneys) -in -fact, with full authority to' execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents 7 P;E=SIN. SECRET-.F.Y this 4 t h day of October . 19 94 CERTIFICATE DAN D hl,LEAN. PRESIDENT Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. -. FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws, and 00 A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. R. A. Pierson. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation. and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 1st day of S-1049/EP 7/94 December 19 94 . VIGILANT INSURANCE COMPANY 15 Mountain View Road, P. 0. Box 1615 CHUBB Warren, New Jersey 07061-1615 KNOW ALL MEN BY THESE PRESENTS that MAHR CONSTRUCTION BID BOND (AIA A310) BOND# 10-B PREMIUM -NIL as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH TRW PFRrFMT nV AMnTTNT RTn as Obligee, in the sum of Dollars ($ 10% ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for SOUTH BEACH RESTROOM NO. ONE BID NO. CC-908 NOW, THEREFORE, N the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or In the event of the failure of the Principal to enter Into such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated NOVEMBER 29, 1994 MAHR CONSTRUCTION VIGILANT INSURANCE COMPANY by / )'&a DAVID L. CULBERTSON Attorney in Fact Form 15-02-0332 (Ed. 1.93) POWER OF ATTORNEY Know all Men by these Presents, That the VIGt►-.,JT INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New York Corpora- tion, has constituted and appointed, and does hereby constitute and appoint David L. Culbertson, Linda L. Culbertson, Diana Laskowski, Charles L. Flake, and Karen Chandler of Anaheim, California ------------------------------------------------------------ each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds or obligations given or executed in the course of its business, and consents for the release of retained percentages and/or final estimates. In Witness Whereof, the said VIGILANT INSURANCE COMPANY has, pursuant to its By-laws, caused these presents to be signed by its Vice -President and Assistant Secretary and its corporate seal to be hereto affixed this 19th day of November 19 92 CorpotiateSe I . (chard D. O'Connor Aql nt Secretary STATE OF NEW JERSEY 1 SS. County of Somerset I VIGILANT I 7�� By rge McClellan Vice -President On this 19th day of November 19 92 , before me personally came Richard D. O'Connor to me known and by me known to be Assistant Secretary of the VIGILANT IN- SURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D. O'Connor being by me duly swom, did depose and say that he is Assistant Secretary of the VIGILANT INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with George McClellan and knows him to be the Vice -President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Acknowledged and Sworn to before me on the date a7written. �--� JANET A. SCA17ONE Notary Public CERTIFICATION Notary P_blic, Statc Of 1`tew JC7`y STATE OF NEW JERSEY } SS. Ccamr.icsioa Exj.ir; Caches 2, 134a County of Somerset I, the undersigned, Assistant Secretary of the VIGILANT INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on June 13, 1974 and most recently amended March 3, 1986 and that this By -Law is in full force and effect. "ARTICLE XV Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice -Chairman or the President or a Vice -President, jointly with the Secretary or an Assistant Secretary• under their respective designations, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee• or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers o1 attorney for and on behalf of the Company may and shall be executed in the name and on behalf o1 the Company, either by the Chairman or the Vice -Chairman or the President or a Vice - President or an Vice -President• jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman. Vice Chairman. President, any Vice President, any Vice President. any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undenakins and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I further certify that said VIGILANT INSURANCE COMPANY is duly licensed to transact fidelity and surety business in the State of CALIFORNIA and is also duly licensed to become sole surety on bonds, undertakings, etc. permitted or required by the laws of the United States. And I further certify that the foregoing Power of Attorney is now in full force and effect. Given under my hand and the seal o1 said Company at Warren. N.J., this 2 9 TH day of NOV EMBER tg 94 Corporate Seal Asslatantsocretery . PRINTED U 5 A BOND NO. GE5646892 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we STURGEON GENERAL as PRINCIPAL, (hereinafter called the Principal), and GULF INSURANCE COMPANY , a corporation duly organized under the STATE OF MISSOURI and authorized to transact a general surety business in the State of CA. as SURETY, (hereinafter called the Surety), are held firmly bound unto: Citv of Huntington Beach as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompan in bid of the Principal, not, however, in excess of Twenty —Eight Thousand and 00/100's *************'�************ dollars, ($ 28,000.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: Build Restroom NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed, and dated this 2nd day of December 19 94 STURGEON GENERAL Principal GULF RANCE COMPANY BY RAND SPOO Attorney -in -Fact CALIFORNIA ALL-PURPOSE AC, OWLEDGMENT No. 5907 State of County of CALIFURNYIA On December 2, 1994 before me, UWRESA I. BOK, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER • E.G., -JANE DOE, NOTARY PUBLIC - personally appeared RAMY SPOHN NAME(S) OF SIGNER(S) personally known to me - OR - ❑ to be the person(&) whose name(&) is/-+r-9. subscribed to the within instrument and ac- knowledged to me that hel(sheAhey exeGuteGI, the same in his/air authorized capacity(-tt4), and that by his, ai.r signatureH on the instrument the person, or the entity upon behalf of which the personH acted, executed the instrument. THERESA L BOX COMM,f9TiM Z WITNESSyryy hand and official seal. z -® Notary Public — CatltorMa i Z Y, , RIVERSIDE COUNTY My C(>mm. E)qIres MAR b,1996 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL - ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL O ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Gulf Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES December 2, 1994 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 GULF INSURANCE COMP Y �f KANSAS CITY, MISSOUL POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the loth day of August, 1993, to wit: "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 corporations as may be selected from time to time; and any such Attorney -in -fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors -or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attomey(s)-in-fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or 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 powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint NND UMBER GE564(,.,92 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP Sturgeon General 5140 E. La Palma Avenue Anaheim Hills, CA 92807 EFFECTIVE DATE December 5, 1994 CONTRACT AMOUNT $ 280,000.00 BOND AMOUNT $ 28,000.00 Randy Spohn of Anaheim, California its true and lawful attorney (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 undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. IN WITNESS WHEREOF, 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. �SJRANCF 00 GULF INSURANCE COMPANY J G°PPORgTc� ?�A r " SEAL SO\) STATE OF NEW YORK ) Christopher E. Watson SS President COUNTY OF NEW YORK ) On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. J\D JqF, / 1 OP 9 V NpTARI- David Jaffa vT �° No.24-4958634 STATE OF NEW YORK ) �OF NE`N Qualified in Kings County SS Comm. Expires November 13, 1995 COUNTY OF NEW YORK ) 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. SVtIANCF C Signed and Sealed at the City of New York. °°epORgT� SEAL j ��) Dated the 2nd day of December , 19 94 Lawrence P. Miniter Senior Vice President CALIFORNIA ALL-PURPOSE At tOWLEDGMENT No.5907 A State of California County of Orange On 12-5-94 DATE before me, Eva Siciliani — Notary Public NAME TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC" personally appeared Michael Sturgeon , NAME(S) OF SIGNER(S) )fia personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/h subscribed to the within instrument and ac- knowledged to me that hehebaklxexecuted the same in his/kt.&�authorized capacity(W4 and that by his/txKTftxajax signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. EVA SICILIANI U , Comm. ^ 0 Comm. #1016449 �(j►�U—� y �� ats ;��� rt' NOTARY PUBLIC CALIFORNIAS', a " ORANGE COUNTY n Comm. Exp res Feb 8, 1998 j 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 4 RR INDIVIDUAL 4 ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Michael Sturgeon DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA Know all men by these presents: BOND NO.: 0407665-55 PREMIUM: NIL BID DATE: 12/5/94 PUBLIC WORKS BID BOND That we, CHAARANI & ASSOCIATES, INC. (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALIFORNIA CITY OF HUNTINGTON BEACH as Surety, are held and firmly bound unto (hereinafter called Obligee) in the penal sum of TEN percent ( 10 %) of the bid amount, but in no event to exceed THIRTY—THREE THOUSAND AND NO/100----------------------------------- .Dollars ($ 33,000.00----.7 for the payment of which the Principal and the Surety bind themselves; their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for CC 4908 — SOUTH BEACH RESTROOM #1 NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 9ND DAY OF DECEMBER 19 f . � roos•vo�r� 0 'tor , ,Yty CHAARANI & ASSOCIATES, INC. (Print or type name of Principal) By. (Signature of Principal) By: AMWEST SURETY COMPANY Attorney -in -Fact A uN•A3017 (3 90) n CALIFORNIA ALL-PURPOSc ACKNOWLEDGMENT No.°407 I On 12/2/94 before me, DATE NAME TITLE OF CFFIC'cR • G..':ANE CCe. NOTARY PueL:C' personally appeared PHILIP E. VEGA N MEtS) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personal whose name( is/ subscribed to the within instrument and ac- knowledged to me that he%@executed the same in his/hpgF&MR authorized capacity(iRgAx and that by his/h�€x signature() on the instrument the person(W, asseoaaataaaoaeaaaaasoaaaaaaaaaaaaaasaaa or the entity upon behalf of which the a = Z KELLY A. SAITMAN z person(M acted, executed the instrument. Fes. P P = c iiv'TL, Y ,::UGUC • C�U;CYvIA I $niv E_zt.,AB.�;C20 COUNTY WITNE my hand and official seal. My Comm. ctpi C, June 27, 1998 a aaaaaaaco::crsz:4aoaamai:a:«:cr•;.:.s�i+.aa4a3r7L:Ya n V` 0SIGNA-ruPECFNoTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the'document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TntF(S) ❑ PARTIER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDLWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME CF PEASCN(S) CA ENTrrY(IES) AMWFST SIIRFTY TNSIIRANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT :•foj TITLE OR TYPE OF DOCUMENT 1 12/2/94 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 6236 Remmet Ave.. P.O. Box 7184 - Canoga Park. CA 91309.7184 OGGI®IG�GGGG ®GGGG®GOOD IOGOEGG®0�EGG 0 0®GG�G®®G®MM0®�® �0000000000013 �GGG�aGOGOG �� I �G �° .l _' 7®0GC0000000 ®®®®©©ODD00000©o©000uuvuuDOEiI�Uvt�uO����r�u�u�u��uu���CLU�,�ChiLt. �� �®®000Moo©oao©®©oo� ®��©OODDD0D00o000D0o0000000a00000ooa0oo00000D0oo000o00Do0ooD00D©®D00000000o00Do©� T'_ WC I[)FOfi`��C�dN�D�S`�,�.�,.�,�,,���c��,�gc�e�c����r�e���a��Qa��a�r��c�€��sr����s���������,r��� Min " POWTR NUMBER EXECUTED ON OR AFTER O^o�6J C-55 �+ 10-25-95 f3 i3 O � This document is printed on multicolored security paper with black and red ink, with border in blue ink and bears the raised 0 e' seal of Amwest Sure Insurance Company the "Company"). Only unaltered originals of this Power of Attorney are valid. This Surety P Y C P Y") YY r� Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used t= in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made �C, by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used connection d ico G= <3 with any bond issued by the Company must be on this form and no other form shall have force or effect. ®� 30 3D00 KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California � � ®� 313 c J io (th "C y' ), does hereby make, constitute and appoint: €� ci Al PDAc1�'�A Q ®� -]GG® <7 �q1' . 3000 r 3000 PHILIP E. VEGA GG GG C 3000 '" JAY P. FREEMAN ]G80G c 00®C 3000G4> AS EMPLOYEES OF AVERBECK INSURANCE BROKERS 30000 70000 3y ®139G F 3000G .x 31313013 2 13000 GGGC :313131313 _3 '31313013 E� GG®C 3G0130 E� 31313130 3 GGGC GGGC 313000 €> its true and lawful Attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety Sa OGMC 30000 31301313 C. to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, GGGGC 00013C ®®®® r reco n ance or other written obliQQ��' do s t tl e lure thereof as follows: �®®®0 ' 31 '� o n dss u t o $ M Y * v 0 �, �O a. 0 ° GGGQC GGGGC p 30111E C-4 � 1111313115 -ontract (Performance & Payment), Court, Subdivision $**1,000,000.0`fl 000C OGOC 1111100 113000 License & Permit Bonds u to $rMM*r10 000.00 00G0C 11111110.E MisceLLaneous Bonds up to $*-4— , 0 �®®00c 10 000.00 G®MGC 0000C ®®®® 0000E 1111300 a 11111111E 0000E ®®®® '' ®® 910013® 1211010 �00011 111100E 1 ®Faun 111111®® 110®®®� 93 110011E 200000 0 20000 ';' DUMB= 130013E ®©®® and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the � �0000 11111111E 11111333E �0000 € Company, which are now in full force and effect. 8311110E 7 DOD Da Q 0© CERTIFICATE ®1111®E 11111111E 00®DE DO , �oODo 83000E =00 1, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, <: UUUUCo an <P DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked UUME1E 031300E J�O© � and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant ®®®0� T-000n 4 provisions of the By -Laws of the Company, are now in full force and effect. 011110E I00 0€5 831400E 1c000 .R« D00DC aDOo y 0300DE MOIOOD C, 3 0300EMC 0001000 Bond number 0407665-55 Signed and sealed this 2ND clay of DECEMBER 19 94 0 ©©CDC OOpoloao00 838300E O OOOpoo'M 4. 0 00 0 4 07 66 5 - 5 5 ooaoaoo°p00 00®©naop0 00 ©®ODE 000 0 F 95-2678392 ONTAR 00 Karen G. Cohen, Secretary a � a p DDCI[]� 0930FOI ©�a Ell �..�^_.;.,..€:��_.:.;u�����ec,;�,��aLL�ao�:��-.��. �� ,. e t-aL:c, 000°' ©M D °ov a0000©©©©®DD®DDDDDD®®®®®®® 00 p c °O O D❑O DDD❑©DD00DD11®11D®ODOR®®®®® m..JO ...:° ..a ... 6G 0❑oDDC oDaD� EMU an ©❑lo 00°O°0000°oo°O°00 DDDD❑o❑o❑DODO®®®ADD®®®DID®®®®®®®®G®GGGGGl7 G OOo°vc0000000 0 O °4130110 00093C 000011 0 0ovo0oo o© ©© © 00001011 000Uc nnnnnnnnnn�n��®�RRR®®®®®®®aa®®®GOGGGG DDDDio `ISJf�,Lite IYV I IVC NOTICE INVITING BIDS ;ACH , FOUNTAIN VALLEY CC-908 Notice is hereby given that sealed bids will be re- IRM ceived by the City of _HunIBM - tington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, Califor- nia, until the hour of 10:00 (EACH • COSTA MESA PILOT a.m. on DEC. 5, 1994 pub- licly and, read,aloud in the Council Chambers for I SOUTH BEACH RE- STROOM NO. ONE in the City of Huntington Beach. i A set of plans, specifica- ,tions, and other contract documents may be ob- tained on Nov. 14, 1994, at ithe Department of Public !Works, 2000 Main' Street, ,Huntington Beach, Califor- Client Reference # CC- �o nia, upon receipt of a non - ;refundable fee of $30.00. Each bid shall be made on the Proposal Form and Independent Reference 'in the manner provided in (the contract documents, ,and -shall be accompanied by a certified or cashier's check or a bid bond for not ' less than 10% of the amount of the bid, made payable to the City of Hun- i tington Beach. The Con- tractor shall, in the per- formance of the work and (improvements, conform to the Labor Code of, the State of California and other laws of the State of , ' California applicable thereto, with the exception - only of such variations that , Advertisers may be required under the • special statues pursuant to which proceedings hereun- der are taken and which Enclosed please find clipping of your ad from the first have not been superseded by the provisions of the lication, beginning Labor Code. Preference to I b h II b I a or s a a given only in the manner provided by If you need any changes or corrections, please call IitE law. No bid shall be consid- �� earliest convenience . ered unless it is made on a form furnished by the City / 6� of Huntington Beach and is made in accordance with , The cost of this publication will be $ the provisions of the pro- posal requirements. Each bidder must quali- li- censed and also prequThanks for your cooperation and patronage. Pied as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. i Sincerely, By order of the City Coun- A of the City of Huntington Beach, California the 20th )f June, 1994. .Connie Brockway, "ity Clerk of the City of 11untington Beach Judy tting Published Huntington Manager3each-Fountain Valley In- fependent November 17, I Legal Advertising manager A, December 1, 1994. - 113-379 i 330 West Bay Street, Costa Mesa, CA 92627 (714) 642-4321 FAX (714) 631-5902 PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) ' PUBLIC -NOTICE I am a Citizen of the United States and a NOTICEI INVITING BIDS resident of the County aforesaid; I am CC-908 . Notice is hereby over the age of eighteen years and not a given . that sealed bids will be re- calved by the City of Hun- j party to or interested in the below tington Beach at the office of the City Clerk at City Hall, 2000 Main Street, entitled matter. I am a principal clerk of Huntington Beach, Callfor. nia, until the hour of 10:00 HUNTINGTON BEACH INDEPENDENT, a licly an readEC. a 1994 pub- a.mthe � licly and read aloud in the a newspaper of general circulation, printed Council Chambers for I SOUTH BEACH RE. , and published in the City of Huntington STROOM NO. ONE in the City of Huntington Beach. , I Beach, County of Orange, State of A set of plans, specifica- tions, and other contract California, and that attached Notice is a documents may be ob- tained on Nov. 14, 1994, at, true and complete copy as was printed the Department of -Public Works, 2000 Main Street, i Huntington Beach, Califor- published in the Huntington Beach upon receipt a non- nia,and refundable fee of $30.00. and Fountain Valley issues of said Each bid shall o made on the Proposal Form and newspaper to wit the issue(s) of: in the manner provided In . the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of, the amount of the bid, made I payable to the City. of Hun- tington Beach. The Con- tractor -shall, in the per- formance of the work and improvements, conform to I November 17, 24, 1994 the Labor Code of the 1 State of California and December 1, 1994 other lawthe State of Califo nia f applicable I declare, under penalty of perjury, that r thereto, with the exception i only of reghvariations that ma be re cared under the the foregoing is true.and correct. Special Statues pursuant which proceedings hereun- der are taken _and which have not been superseded I by the provisions of the Labor Code.Preference to , Executed on December 1 1994 labor shall be given only in 1 the manner provided by , at Costa Mesa California. law. ' bid shall be ca r � ered unless it is madeeonon a form furnished by the City of Huntington Beach and is made in accordance with j the provisions of the pro- posal requirements. Each bidder must be li- censed and also prequali- ~ fied as required by law. I The City Council of the City of Huntington Beach � reserves the right to reject any or all bids. Signatu re By order of the City Coun- cil of the City of Huntington Beach, California the 20th of June, 1994. Connie Brockway, City Clerk of the City of Huntington Beach Published Huntington Beach -Fountain Valley In- dependent November 17, 24, December 1, 1994. 113-379— a PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange ) am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: November 17, 24, 1994 December 1, 1994 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on December 1 , 199A_ at Costa Mesa, California. Signature NOTICE " INVITING BIDS CC-908 Notice is hereby given that sealed bids will be re- ceived by the City of Hun- tington Beach at the office of the City Clerk at- City Hall, 2000 Main Street," Huntington Beach, Califor- nia, until the hour of 10A0 a.m. on DEC. 5, 1994 pub- licly and read aloud in the Council Chambers for SOUTH BEACH RE STROOM NO. ONE in the I City of Huntington Beach. . A set of plans, specifica- tions, and other contract documents may be ob- tained on Nov. 14, 1994, at 1 the Department of. Public Works,, 2000 Main Street, iHuntington Beach, Califor- nia, upon receipt of a non- refundable fee of $30.00. Each bid shall be made on the Proposal Form and , in the manner provided in' the contract documents, 1 and shall be accompanied 11 by a certified or cashier's check or a bid bond for noti less than 10% of the amount of the bid, made i payable to the City of Hun- I tington Beach. The Con- tractor shall, in the per- formance of the work and improvements,. conform to the Labor Code, of the State of- California and other laws of the State of,1 California applicable I thereto, with the exception only of such variations that l may be'required under the' special statues pursuant to which proceedings hereun- der are taken and which have not been superseded by the provisions of the Labor Code. Preference to i labor shall be. given only in the manner provided by 4 law. No bid shall be consid- ered unless it is made on a form furnished by the City of Huntington Beach and is made In accordance with the provisions of the pro- posal requirements. Each bidder must be li- censed and also prequali- fied as required by law. The City Council of the City of Huntington Beach reserves the right to reject j any or all bids. ` By order of the City Coun- cil of the City of Huntington Beach, California the 20th of June, 199, Connie Brockway, City Clerk of the City of Huntington Beach Published Huntington Beach-Fountaln Valley In- j dependent November 17, 24, December 1, 1994. _ 113-379 a SECTION C PROPOSAL for the RESTROOM NUMBER ONE from CASH CONTRACT No. 908 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: Incompliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 180 Calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees 'to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of. work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all PROJECT BID SCHEDULE 1. I L.S. I South Beach Restroom No. One, inclusive of all Site Work m rents Dollars TOTAL AMOUNT BID IN FIGURES: $ C� 5�� 0 O d '-"' - i TOTAL AMOUNT BID IN WORDS: o OVIV612,�—b FiF� l tj o -FA O v �ol�Azs orgyL-y 1 C-1s bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find R T n Rnlyn in the amount of $ -i -� , n n n , n n_ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. GRADING, DEMOLITION & PAVING: EL CAMINO PAVING 433715 C12 ORANGE, CA CONCRETEI& BLOCK: METRO B SANTA ANA CA PLUMBING MOON & CROCK T RIVERSIDE LANDSCAPE I FULLERTON, CA 329274 C DOORS &HARDWARE: DDH- SIGNAL HILLS, CA 600031 C RAMING TRA CONSTRUCTION HESPERIA CA 570876 ROOFING ROOF ENGINEERING RIVERSIDE CA T.AQVDTM M V MTTTTL17 LK-rmvnnn-rQLQ f1DTA7("L, AA'7T A-7 /1 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBA1][ TED WrM BID State of California ss. County of Orange MOUNZER CHAARANI , being first duly sworn, deposes and says that he or she is C1-Zi-1; , 11IN1;of CHAARANI & ASSOC., INC. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. CHAARANI & ASSOCIATES, INC. Name oT Bidder Signature of Bidder 3745 W. Chapman Ave., Suite 200, Orange, CA Address. of Bidder Subscribed and sworn to before me this 5th day of December , 19 94 DONNA w►vckWML o N ooa or�4 , COUMY NOTARY PUBLI , Ny Comm. 6pires MAY 29, IW7 , NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCII. CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as RESTROOM NUMBER ONE, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: DEC 5, 1994 CHAARANI & ASSOCIATES, INC. Contractor By PRESIDENT Mile C-5 •. 7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No xxxx If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the.Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: DECEMBER 5, 1994 ••WQ • s PRESIDENT Title C-7 . BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Tjar- Bidder Name 3745 W. CHAPMAN AVE., SUITE 200 Business Address ORANGE, CA 92668 Telephone Number B - 383921 State Contractor's License No. and Class 26 November 1979 ngin ate Issued 31 March 1996 Expiration Date BASSAM CHAARANI November 28 19.94 The work site was inspected by of our office on , The following are persons, firms, and corporations having a principal interest in this proposal: Mounzer Chaarani President/Treasurer Maureen Chaarani Vice President/Secretary W The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed . work and improvements in accordance with the plans and specifications set forth. CHAARANI & ASSOCIATES INC. r2 - 0 Signature of Bidder MOUNZER CHAARANT nn or Typed Signature 3745 W CHAP. Addres O B'dderORANGE, CA 92668 ( 4 634 - 952n Telephone Number Subscribed and sworn to before me this Sth day ofnAr-ATnb, , ^ .. NOTARY NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 3. City of La Habra Name and Address Roy Name and Telephone No. of Project Manager: R a m s l a n d ( 310 ) 9 0 5- 9 7 2 4 $503,000.00 Child Development Center In Process Contract Amount Type of Work Date Comple University of California, Irvine Name and Address Name and Telephone No. of Project Manager: Janis DeJohn J14 ) 456-7166 $200,000.00 CARET Cancer Prevention 1992 Contract Amount T e n a n t I m p xTyptuanWOrk Date Completed MicroAge Computer Store Name and Address Name and Telephone. No. of Project Manager: K a n a n H a m z a h 714 ) 4 3 4 -1 10 0 $135,000.00 Tenant Im ro 1992 Contract Amount Type of Workate CompTeFR C-10 E IVE P LfN T f'� DEc V S CHAARANI & ASSOCIATES, INC. 3745 W. Chapman Ave., Suite 200 . ORANGE, CALIFORNIA 92668 SEALED BID FOR THE RESTROOM NUMBER ONE CASH CONTRACT No. 908 BID DATE: DECEMBER 5, 1994 10:00AM RECEIVER CITY CLERK CITY of HUNTINCTC'+ -EaC4. LALIF. KAY 17 2 o1 PH '34 E'Ln , fC r ti Mil uj 00 z L I "N '31�r^ �N3v3� 4019HILMN >531��333>t r Submitted to: Submitted by: Prepared by: v REQUEST FOR CITE' COUNCIL ACTION Honorable Mayor and City Council Michael T. Uberuaga, City Administrator�� Ron Hagan, Director of Community Services Louis F. Sandoval, Director of Public Works 4 ,1 Subject: South Beach Restroom Number One; CC-908 Consistmt i%ith Council Policy? [X] Yes Date: June 20. 1994 .tVROVED BY CITY COUNCIL -�� 19V— [ ] Ne%v Policy or Exception Stater:icnt of bsuc, Recommended Action. Analysis, Emironmcntal Status. Funding Source, Alternative Action, Attachments: M%TENIENT OF ISSiJE: K The City Council previously authorized the solicitation of contractors for the construction of a public facility commonly known as the South Beach Restroom Number One. RF.COATME,NDED ACTION: 1. Reject all Bids submitted and return bid bonds, and; 2. Authorize the Department of Public Works to re -advertise for bids. ANALYSIS: On April 4, 1994, Council approved the plans and specifications for the construction of the South Beach Restroom Number One and authorized the Director of Public Works to solicit bids for construction. On May 17, 1994, bids were opened and are summarized below: Contractor Total Bid Corrected Bid Amount 1. Universal Construction $266,442.00 $266,432.10 2. United Builders 269,579.85 268,579.85 3. Irvine Engineering Corp. 269,999.49 270,045.81 4. Zagros Inc. 273,165.00 275,165.00 5. Lynch Construction 313,247.00 313,344.07 6. Rohn Construction 315,398.00 315,398.12 7. Team Construction 317,120.06 Correct 8. h'hdland Construction 343,963.35 343,961.35 9. States Link Construction 346,459.00 346,441.91 10. Louis T. Gabriel Construction 356,588.76 356,579.86 11. Standard Construction 367,537.00 367,537.97 f�� -- I �)- RCA; CC-90s June 20,1994 Pa,e two Purkisr,Ross, RSI, Architects contracted by the City of Huntington Beach to prepare construction dra-,wings for the project, originally estimated the final construction cost at $240,000. The low bid for the project is $266,442, or $26,442 more than the estimate and over budget; this amount does not include the 10% of bid or $26,640 normally allowed for contingencies in construction projects. In revie"ing the bid schedules, it was noted that items were very high, and not consistent with the other bids. It was felt by both the architect and City staff that eight bid items were beyond industry standards in terms of dollar arnounts. City staff will reevaluate the plans and specifications prior to re -bidding the project. FITNDTN'G SOURCE,: $239,250 is available in Fiscal Account No. E-CX-PG908-6-31-00 (South. Beach Restroom No. One)_ A Federal Land and Water Conservation Grant will match 50% or up to $130,473 at the completion of the project. ALTERNATIVE AMON: 1. Select Universal Construction; budget amendment for eddition1 funding would be required. 2. Deny award of contract to Universal Construction and select one of the other bidders; budget amendment for additional funding would be required. 3. Reject all bids and forego the construction of these improvements; do not accept Land and Water Conservation Fund Grant. ATTACAMEIN"TS: None NITU:I FS:RH:RAM:gd ItEQUEST FOR CITY COUNCIL/PARKING AUTHORITY &ON Date: April 4, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Ron Hagan, Director of Community Services' GN d Louis F. Sandoval, Director of Public Works /)�Y bve- Subject: South Beach Restroom #1; CC-908 A*fweav mft� Cow- le ;Pf'C441 OP Consistent with Council Policy? [XI Yes [ ] New Policy or Ezcepti n Statement of Issue, Recommended Action, Analysis, invironme f yL Alt ---- _ =Tr-aww' 19-ft STATEMENT OF ISSUE: a. CVW;&' Plans and Specifications for the construction of the South Beach Restroom #1 are complete and are ready for Council Approval. RECOMMENDED ACTION: 1. Approve the plans and specifications for the construction of the South Beach Restroom #1, and authorize the Director of Public Works to solicit construction bids; 2. Approve the attached Sample Contract, subject to award of contract to Council approved lowest responsive bidder; and 3. Approve an amendment to the FY 93194 Parking Authority budget to allocate $239,250 to construct South Beach Restroom #1. $130,473 of the project costs will be reimbursed by a Land and Water Conservation Grant. ANALYSIS: City Council on December 12, 1992, approved a resolution applying to the Land and Water Conservation Grant Program for South Beach development. The grant requires a 50% match from the City. The City received a grant of $130,473 to build a new restroom. On June 7,1993, City Council directed staff to prepare plans for the South Beach Restroom #1. The landscape architectural firm of Purkiss Rose RSi has completed the plans and specifications for the construction of the South Beach Restroom #1 ( see Location Map). This construction South Beach Restroom # I RCA; CC-908 April 4, 1994 Page 2 is a "Prototype" of the entire South Beach Master Plan concept. The project includes the demolition of existing facilities, constructing a new restroom facility and - beginning the separation of bicycle and pedestrian trails. Staff is now requesting permission to solicit bids, approve the sample contract and put the funding into the appropriate expenditure account. ENVIRONMENTAL STATUS: Coastal Development Permit No. 93-19, including a Categorical Exemption, and Design Review Board Document No. 93-17 have been conditionally approved by the Zoning Administrator of the City of Huntington Beach. FUNDING SOURCE: Contract Estimate $217,500 Change Order Contingency (10%) $21,750 Total Project Cost Estimate $239,250 Funding: Parking Authority. Land- and Water Conservation Grant will reimburse Parking Authority $130,473 at the completion for the project. Grant requires a 50% matching contribution. ALTERNATIVE ACTION: Deny approval of plans and specifications; forego the construction of these improvements; do not accept the $130,473 grant. AWACHNIENTS: 1. Project Location Map 2. Sample Contract 3. Fiscal Impact Statement MTU:RHIFS:rh PROJECT LOCATIONS MAP FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR A13 F CONTENIS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW- PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW - PENALTY 7 15. PAYMENT OF TRAVEL 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 30. DEFAULT & TERMINATION 15 31. DISPOSITION OF PLANS. ESTIMATES AND OTHER 15 32 NON -ASSIGNABILITY 16 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND ACT 18 42. CONTRACT WORK HOURS 18 43. CLEAN AIR ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ENTIRETY 21 SAhiPLE 6ME STR00WAGREE10311 M4 SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF THE SOUTH BEACH RESTROOM NO. 1 THIS AGREEMENT is made and entered into on this day of 1994, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of Califomia, hereinafter referred to as "CITY," and a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as the construction of the south beach restroom no. 1, in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration cf 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, plant, 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 bome by CITY, and for well and faithfully completing the work 1 SAMPLE &RESTRoo1.VAGREEW18194 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 WLQRK� PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of 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 1991 edition of Standard Specifications for Public Works Construction, published by Builders 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 2 SAMPLE 6MESTRooMt1AGREEW18M4 Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit MA). E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not Indicated In the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW ), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars ($_ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of 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 d;ligently prosecute PROJECT 3 SAMPLE OIRFSTRooM1AGREFWI 9194 to completion within calendar/working days from the execution of this Agreement by CITY, excluding delays provided for herein. 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 bn the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and In accordance with the terms and conditions 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 conceming the timely and orderly conduct of the work on 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 CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. a SAh1lPLE &RESTROOWAGREEIQ3 M94 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or Equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is Issued. In the 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 guarantee the CONTRACTOR's faithful performance of the work; 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. 5 SAMPLE 6'RESTROOMIAGREEMI &94 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the Califomia Government Code sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of Califomia the general prevailing rate cf per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by Califomia Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the Califomia Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the Califomia Labor Code, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five 6 SAhlPLE &'RESTRoo /AGREEM1 &S4 dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in Califomia Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with palifomia Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14, CALIF RN(Z IA EIGHT HOUR LAW- PENALTY pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Califomia Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section W77.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this p. 7 SAMPLE WRESTROOM AGRMWI8194 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in Connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. 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 payrcll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. 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 working/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 8 SAMPLE &RESTROOMIAGREEMI 8194 ( ) 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 in section Q herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay In completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays 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 fumished 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 8 SAMPLE 6MESTR00WAGREE1031i " 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 claim 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. 20 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 to 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. 21. 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 10 SAMPLE "ESTROOMIAGRE£I03 I M4 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 fact 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. 22. 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 payment 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 11 SAMPLE VRESTROOM AGREEW18,S4 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 shalt not be considered as an acceptance of any part of the work. 23. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTIQN 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 p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to %Vithhold which have been filed under the provisions of the statutes of the State of Califcmia. 25. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. 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 12 SAMPLE &RESTROOMIAGREE1=18, 94 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 Wilful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require a!I subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall fumish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. 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 13 SAMPLE 61REsTRooWAGREcW1 &94 damage liability insurance. All insurance shall be underwritten by insurance companies In forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified withcut thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall 14 SAMPLE 61RESTROOWAGREEWW94 pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION !2F PLAN. ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 15 SAMPLE VRESTRODWAGREEW I SS4 32. 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. 33. 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. 34. STOP NOTICES,. RECOVERY QF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice riled 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. 35. 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. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained there"n shall in no way be held to explain, 16 SAMPLE 6/RESTROOMIAGREEWI &94 modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of labor in accordance with the Davis - Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 SAMPLE "EsTRoom1AGREEW1 &S4 CONTRACTOR is required to have an affirmative action plan which declares that It does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance In employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from Including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as 18 SAMPLE MESTROOMUAGREEW18.94 supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL. WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the DPA List of Violating facilities. 19 SAMPLE &RESTROOMIAGREFIO$ I&W (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and a!I reports and forms that may be required in accordance therewith. 46. 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 service expenses incurred by CONTRACTOR. 20 SAMPLE VRESTROOWAGREM18 S4 47. 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 By: print name ITS: (circle one) ChairmanlPresident/Vice President By: print name ITS: (arde one) Secretary/Chief Financial Officer/Asst. Secretary -Treasurer ATTEST: City Clerk REVIEWED D APPRS}y D- 41"701- 5��12r City AdministratorJr CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: ,1r.jfCity Attorney �Ca A1r` INITIATED AND APPROVED: Director of Public Works 21 SAMPLE "ESTRWWAGREE ni&94 �� X4 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HJHTIAGTUY BEACH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED APPROPRIATION FOR CONSTRUCTION OF SOUTH BEACH RESTROOM, FIS 94-35 DATE: MARCH 22, 1994 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $239,250 to allow for the construction of the South Beach Restroom #1. Upon approval of the City Council, the balance of the unreserved, undesignated Parking Authority Fund would be reduced to $41,000, prior to the anticipated reimbursement of State Grant monies in the amount of,$134.47S / ROBED. FRAN Deputy City dmin RJF:skd l FE CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNS BROCKWAY CRY CLERK CALL FOR SPECIAL MEETING 0 HUNTINGTON BEACH PARKING AUTHORITY Linda Moulton -Patterson, Director Jim Silva, Director Ralph Bauer, Director Earle Robitaille, Director Grace Winchell, Chairman Victor Leipzig, Director Dave Sullivan, Director CALIFORNIA 92648 You are hereby notified that a Special Meeting of the Huntington Beach Parking Authority of the City of Huntington Beach, California, is called for andwill be held in the Council Chamber of the Civic Center, at the hour of 6:30 P.M. on Wednesday, April 6,1994, for the purpose of approving plans and specifications, construction contract, and amendment to the FY 93-94 Parking Authority Budget for the construction of South Beach Restroom #1. Dated: April 5, 1994 Chairman, Huntington Beach Parking Authority ATTEST: Secretary I hereby certify that I received the above notice, "Call for Special Meeting of the Huntington Bea;.h Parking Authority," prior to 6:30 P.M. on Tuesday, April 5, 1994. d8af esklerWaMcbmeml3 Chairman, Huntington Beach Parking Authority (Telephone: 70 4-536-5227) **.I�**:- kf.k•kfk*k*1f*f¢t.t1*y.4 441 fff•*',ffk•*.f*X.fMf,b**d•*•X*:I*f'k*kk*bk*'i•**Y�**k TRANSMI S ION REPORT PHONE/TT; :? DATE P.ND T 111E DURAT I ON MIDDE PAGE FESULT 714 646 4170 04-0F, O1:OIPM 0 0' F, i 0 GOOD •. I I . t .' t i• I t• t 1 1 1 f. 1 i, t t 1 , t, t f•.• , ... t .. t- i i t l t 1 4 1.- f'', I f t f t i i l i ,.: t t t f -, t i f I t f f OFFICE OF THE CITY CLERK ` CITY OF MWINGTOMBEACH ' 2000 MAIN STREET/P. O. BOX 190 HUNTINGTON BEACH, CALIFORNIA 92648 ' Muldfax Image Mate. ; • (7I4)374-I557 ***PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE*** TO: FAX NO.' PHONE ISO. FROM: NtMMER OF PAGES . of (INCLUDING COVER PAGE) DATE SENT:/���a — TIME SENT: -� / -PM OPERATOR'S NAME PLEASE NOTIFY OPERATOR IMMEDIATELY IF NOT RECEIVED PROPERLY (714) 536-5227 CONIMENTS: CHARGE FOR THIS MATERIAL: PLEASE REMIT-10 THE 1038K Ja"le eL-J CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK x CALL FOR SPECIALMEETING m n�L,rqs OF � �"„o HUNTINGTON BEACH PARKING AUTHORITY CA Linda Moulton -Patterson, Director Jim Silva, Director Ralph Bauer, Director Earle RobitailIe, Director Grace Winchell, Chairman Victor Leipzig, Director Dave Sullivan, Director You are hereby notified that a Special Meeting of the Huntington Beach Parking Authority of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 6:30 P.M. on Wednesday, April 6,1994, for the purpose of approving plans and specifications, construction contract, and amendment to the FY 93-94 Parking Authority Budget for the construction of South Beach Restroom #1. • I Dated: April 5, 1994 Chairman, Huntington Beach Parking Authority ATTEST: Secretary I hereby certify that I received the above notice, "Call for Special Meeting of the Huntington Beach Parking Authority," prior to 6:30 P.M. on Tuesday, April 5,1994. d e afil a sWe rW a Mcbme m 13 Chairman, Huntington Beach Parking Authority (Talophone: 714.536-5227) PH-:)NE,,"T' I NC. DATE AND TIME DURAT I -:-IT MODE PAGE RESULT 714 966 7716 04-OF 91:12PM 00' P7 f- 2 GOOD , . , , , , . , I 1 7 1 - . I , , f t i f , 1 1 t 1 1 , , . . I i , , . , I i , , , 1 , , ! I , , , , I ; I i. �,qb6 �� IS°�' a m OFFICE OF THE CITY CLERK CITY OF HUNTINGTON. BEACH 2000 MAW STREET/P. O. SOX 190 . MITINGTON BEACH, CALIFORNIA 92648 ' Muldfax Image Mate, , (714) 374-1557 * *PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE* TO: FAX NO. PHONE NO. FROM: NMMER OF PAGES , . (INCLUDING COVER PAGE) DATE SENT: SENT: -'iIPM a OPERATOR'S NAME PLEASE NOTIFY OPERATOR IMMEDIATELY IF NOT RECEIVED PROPERLY (714) S36•-5227 COMMENTS: CHARGE FOR THIS MATERIAL: PLEASE RENUT TO TNE_ADDRFSS ABOVE 1038K tj 3, NO? to" CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK d CALL FOR SPECIAL MEETING OF a HUNTINGTON BEACH PARKING AUTHORITY Linda Moulton -Patterson, Director Jim Silva, Director Ralph Bauer, Director Earle Robitaille, Director Grace Winchell, Chairman Victor Leipzig, Director Dave Sullivan, Director CALIFORNIA 92648 �m W %DP, FIX: Q.. -T/PCs You are hereby notified that a Special Meeting of the Huntington Beach Parking Authority of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 6:30 P.M. on Wednesday, April 6,1994, for the purpose of approving plans and specifications, construction contract, and amendment to the FY 93-94 Parking Authority Budget for the construction of South Beach Restroom ##1. Dated: April 5,1994 Chairman, Huntington Beach Parking Authority ATTEST: Secrctary I hereby certify that i received the above notice, "Call for Special Meeting of the Huntington Beach Parking Authority," prior to 6:30 P.M. on Tuesday, April 5,1994. dE ar&1csAc1erkVan1cbmem13 Chairman, Huntington Beach Parking Authority (Telephone: 714538a5227) R* b*k**J.*.9********* Y AVfq Ei 1 T 1 14L. 'J b4::?U J" DATE AND Tilli 04-06 01 :0 fPM DURATION 01' i" MODE PAGE 0� P.ESULT 300D , , f , - , t f , f , t , 1 , , i I t I I t I f , f - f 1 1 , 1 . , f . , . . . . I t , . • f . ' t . . , I t t , , . t , , I , . . t 1 I . I t f . , I . . , f . . ' OFFICE OF THE CITY CLERK ., CITY OF IMTrNGTON.BEACH 2000 MAIN STREET/P. O. BOX 190 • IIUNTINGTON BEACH, CALWORNIA 92648 ' Multifax Image Mate (714) 374-1557 •PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE* TO: FAX NO. -23Z - PHONE NO. - FROM: NUMBER OF PAGES (INCLUDING COVER PAGE) DATE SENT: T04E SENT: •� '/� _ _ � /PM OPERATOR'S NAME PLEASE NOTIFY OPERATOR I:4IEDIATELY IF NOT RECEIVED PROPERLY (714) 536-5227 CONBSENTS: CHARGE FOR THIS MATERUL: - PLEASE REMTT IQ THE ADDRUS ABOVE 103sx . CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITYCLERK CALL FOR SPECIAL. MEETTNG OF HUNTINGTON BEACH PARKING AUTHORITY oa � , � MMo4on-Patterson, Director �hnkilva�Pirector kald'h Bauer, Director Earfp Roi;itaille, Director Grace I;qnchell, Chairman Victor Leipzig, Director Dave Sullivan, Director CALIFORNIA 92648 ay /rOut� �,• x c 70 � C" ar o r r }1 V1 s fn 'n v = = 1, �Af - Eel, You are hereby notified that a Special Meeting of the Huntington Beach Parking Authority of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 6:30 P.M. on Wednesday, April 6,1994, for the purpose of approving plans and specifications, construction contract, and amendment to the FY 93-94 Parking Authority Budget for the construction of South Beach Restroorn #1. Dated: April 5,1994 Chairman, Huntington Beach Parking Authority ATTEST: Secretary I hereby certify that I received the above notice, "Call for Special Meeting of the Huntington Beach Parking Authority," prior to 6:30 P.M. on Tuesday, April 5,1994. d8afi1esWerkVankbmem13 Chairman, Huntington Beach Parking Authority (Telephone: 714-533-5227 ) APR- 6-94 WED 12:36 CITY OF 2000 MAIN STASET P. 02 �`- POZ HUwkrYGTC3fQ 93SACH ffl 1 OFFICE OF THE CITY +GL6RK WHIZ RROCKWAY Y CI*"It CALL, FOR SPECIAL MESIT40 m CALIFORNIA 92643 Rj � '' IRJN"i NOTON BEACH PARKNO AUTHORITY d•w Z _ a s rattwon,, Mtector gy /./o vowirwtor Bjer, Director Ro iUdle, Director Victor Leipzig, Director Dave Sullayan, Direc#er You arc hereby notified that a Special Meeting of the Hunting ft Becb Parking . wkwity of the City of Huntington Beach, CaMrWa, is called for and wlll beheld in the Council Clamber of tho Givio Ccuter, at the roux of 6:30 P,K on Wednesday, April 6,1994, for the purpose of approving plans end specifications, comst=dan oontrac' and amendment to the FY 93-94 Parking Authority Budgct for the wnstraWon of south Beach Rmtroom Al. Dated: April 5 1994 ^+ cbairmw, Human$ton Beseh Parma Authority ATYEST: -04- nwil I hereby certify that I received theabove notio; "Call for Special Me of the Huntington Brach Parking Authority," prior to 6:30 P.M. on Tues&y, April 5,1994, t+hohmaa, Huntlr &n Beach Parkes Authority d8�filgb'lclerkyulV�ameml S R (roi+phw,v0 11443"MI APR- ura�ge C----ounty REGISTER Fn GIX It I Attention: Company: U114 o Dater _ Niunber of pages: Fax 0:- From: Remarks: M yqlutA k� The Orange County Register 625 N. Grand Ave. Santa Ana, CA. 9271. New Loom phone: 714 953.7951 Business Fax: 714 565-3665 NeRTwm Fax: 714 542.5037 Sports Fax: 714 .565-8684 Please advise sender of any problems as soon as possible, 777' 04/06/94 15:11 '0714 646 4170 -17ILY PILOT EDIT _ `a001 04-1'16-94 01:01PM FROM r " CLERK POi �. CITY OF HUNTINGTON BEACH OJLV 2000 MAIN STREET CALIFORNIA 928A8 OFI=ICS OF THE CITY CLERK CONNIE BROCKWAY CffY CLERK CALL FOR SPECTA NMETING ry M OF s�+, t, a HUNTINGTON BEACH FAKING AUTHORITY Linda Moulton -Patterson, Mrectur Jim Silva, Director Ralph Bauer, Director Earle R.obitaillo, Director Grace Winchell, Chairman Victor Leipzig, Director Dave Sullivan, Director You are hereby notified that a Special Meeting of the Huntington BeachParking Authority of the City of Huntington Beach, Caiafotnia, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 6:30 P.M. on Wedzicsday, April 6, 1994, for the purpose of approving plans and speeihcations, constmiction contract, and amendment to the FV 93-94 Parking Authority Budget for the construction of South Beach Restroom #1. Dated: April S, 1994 _ Chairman, Huntington Beach Parking Authority ATTEST: ,r Secretary I hereby certify that I received tho above notice, "Call for Special Meeting of the Huntington Dimch Parking Authority," prior to 6:30 P.M. on Tuesday, April S, 1994. Chairman, Huntington Beach Parking Authority d8aflles1cle tftn%ebmeml 3 AEQUEST FOR CITY COUNCIUPARKING AUTHORITY ACTION Date June 7, 1993 Submitted to: The Honorable Mayor and City Council Michael T. Uberua a City Administrator"" Submitted by: g . Y � Prepared by: Ron Hagan, Director, Community Services Subject: SOUTH BEACH COASTAL DEVELOPMENT PERMIT AND REST ROOM PLAN PREPARATION G/y/!.? - L'srr�w.�G ?! Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 1i7� There is a need to hire a consultant to prepare a Coastal Development Permit for the South Beach Master Plan and design the rest room renovation for which the city has received a Land and Water Conservation Fund Grant. ox .1� ; • ♦ Approve an amendment to the current year budget by appropriating $39,575 ($34,320 for design, $3,470 contingency and $1,735 for reproduction) from the Parking Authority to Purkiss-Rose for the preparation of the Coastal Development Permit for the South Beach Master Plan and the plans and specifications for the renovation of a beach rest room facility. On October 7, 19910 City Council approved the South Beach Master Plan. For this project, a Coastal Developm nt Permit has to be processed through the Coastal Commission, and an environmental assessment must be made. On December 21, 1992, Council authorized application for a Land and Water Conservation Fund Grant for south beach. The State of California has notified the city that it is the recipient'of a $130,473 grant to renovate one of the rest rooms on the beach. The estimated cost of the rest room is $245,000. The grant requires a 50 percent match by the city. The Parking Authority will provide the matching funds. Plans and specifications need to be prepared and submitted to the state prior to September 1, 1993 (see attachment 2). A tl-74 C r M M1 a /Jl 0' r REQUEST FOR CITY COUNCIL ACTION Page two Purkiss-Rose has been involved since the inception of the South Beach Master Plan process. The firm is currently under contract with the city with specified rates and percentages. Staff recommends that the city direct Purkiss-Rose to continue the overall planning process by preparing the Coastal Development Permit and plans and specifications for the renovation of the rest room. This renovation is in concurrence with the South Beach Master Plan. Purkiss-Rose Proposal $34,370 l0t Contingency 3,470 5t Reproduction l Total Parking Authority $39,575 To be reimbursed by the Land and Water Conservation Fund Grant. p,LT_ ERHATIME ACT19 Do not move forward with the proposed action and do not accept the $130,473 in Land and Water Conservation Grant Fund monies. p.TTACEMEN S 1. Fiscal Impact Statement 2. April 2 letter from State Department of Parks and Recreation 3. April 22 proposal from Purkiss-Rose MUhiSMGTOM �EACFf TO: FROM: SUBJECT: DATE: CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION MICHAEL T. UBERUAGA, City Administrator ROBERT J. FRANZ. Deputy City Administrator REQUESTED APPROPRIATION TO FUND PROFESSIONAL SERVICES ASSOCIATED WITH THE SOUTH BEACH MASTER PLAN PROJECT, FIS 93-61 MAY 19, 1993 As required by Resolution 4832. a Fiscal Impact Statement has been prepared for the proposed appropriation of $39,575 in Parking Authority monies as part of the City's required 50% match in the qualifying for Land and Water Conservation Grant Funds to accommodate Design elements of the South Beach Master Plan Project. Upon approval of the City Council, the balance of the unau ited, undesignated Parking Authority Fund would be reduced to $468,000. /� ROS�W J . j;RAN Z Deputy Cilt Admini RJF:skd WPADSERT:1450 atd j � 5 April 22,1993 purkisserose --rsi Mr. Jim Engle _. Community Services mu,n City of Huntington Beach,wo 2000 Main Street — Huntington Beach, CA 92648 ic n;ain Subject: Fee Proposal to Provide Professional Design Services for Restroom Number One Dear Jim: We are pleased to have this opportunity to present our fee proposal for the restroom number one facility located at South Beach adjacent Beach Blvd. entry off Pacific Coast Highway. It is our understanding that the state grant money has been approved for this project. trt:f:t F rkiss•Rose RSI will be utilizing the design services for restroom number one to create the South Beach "prototype" restroom which would eventually be the restroom design for all of South Beach, Pier PIaza and North Bead. Please note that we have itemized our proposal into three (3) tasks the first of which is the preparation of the coastal development permit application. The second task is design development and construction document preparation. The final task (task three) would be construction observation. Our office appreciates the opportunity to provide the City of Huntington Beach with our professional services. Please call me if you have any questions concerning our proposal. cerely, . Pick Principal M Landscane Arch: ecUre Recreation and Park Planning :19 %x.h Ha:t}•r Pcule &" (::t:er-.on. Cal:') rna a20 F&N ��•: p.• •gy 6:;4. ft:' ir.'a:; r.11". PROFESSIONAL FEES Task Dne: Coastal Development Permit ► Meet with City staff _ ► Prepare all CDP documents _--- - S 3,000.00 Total Task One: $ 3,000.00 . r. Task Two: Design Development and Constnution Document Phase- ► Meetings with City staff for input, obtain approval and coordinate project $ 500.00 ► Design development to layout all specific elements, details and special features for City and state review and approval prior to starting worldng documents. $ 29000.00 ► Develop a comprehensive set of construction documents for implementation: Planning and landscape architectural services: $ 3,500.00 Hardscape, landscape and irrigation design ' Civil engineering: $ 6,000.00 Rescarrh wrd b`:,-;-.teet, x r► case grading plan, sewer and water plan * Architectural: $10,250.00 Restroom, mechanical, structural and plumbing design for restroom Electrical Engineering: $ 2,420.00 Utilize existing services, develop new site lighting, and restroom lighting Geo Technical: W_ Foundation report, and field exploration -- - Structural Engineering: _ . Retaining walls ` p- _ -_Prepare construction cost estimates Total Task Two: Task Three. Contract Administration ► Consult with City staff and contractor during the duration of the project. Approve submittals, approve quality of work and as -built drawings Total Fee: $ 2,200.00 Inc. - ' S27,370.00 $34,370.00 MW STATE OF CAUFORNIA — RESOURCES AGENCY' - PETE MRLSON. Govamor DEPARTMENT OF PARKS AND RECREATION P.O. Box 9428M ' SACFiAMENjoi�423 ~ `l9 s April 2, 1993 Mr. Jim Engle Superintendent, Community Services Community Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Engle: South Beach Renovation We are pleased to Inform you that your grant request for the above project has been selected for funding from the 1992/93 Fiscal Year Land and Water Conservation Fund (LWCF) Program in an amount up to $130,473. Your project will assist in meeting California's pressing need for additional park and recreation areas. We congratulate you an your timely efforts In thls matter. Because It Is in the best Interest of the LWCF Program to expend grant funds and accelerate prefect completion, we are continuing our policy of imposing a deadline for submission of construction plans and specifications. Accordingly, plans and specif"cations must be submitted to this Department, Local Services Section, by September 1, 1993. Although you may proceed with the preparation of plans and specifications immediately, you are cautioned not to begin advertising for bids or construction untl you have received authorization to prcceed from the State. Enclosed is a copy of Instructions for Undertaking a Develgl2mCnt Project to assist you In preparing the required documentation and Implementing your project. Again, our congratulations to you and your agency for submitting a successful project application. Sincerely. Jy. Odel T. King, Jr., Manager Local .cervices Section Enclosure 5/9 NOTICE INVITING BIDS r CC -Oa Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the -office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach. California, until the hour of 2.00 p.m. on MAq , at which time they will be opened publicly and read aloud in the Council Chambers for the _y-SinslZemg. _�c�r-1 _i�. 01�F in the City of Huntington. Beach. A et of plans, specifications, and other contract documents may be obtained on 28— -Y at the Department of Public Works, 2000 Main Street, Hun ington Beach, California, upon receipt of a non-refundable fee of $!gnp --. .Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State o€ California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless It is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By prder of the City Council of the City of Huntington Beach, California the S, of ei L Connie_DrpCkwy City Clerk of the City of Huntington Beach 2000 Main Street (714) 536--5431 032BG - PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: April 28, 1994 May -5, 12, 1994 i declare,. under penalty of perjury, that the foregoing is true and correct. Executed on May 12 1994 at Costa Mesa, California. Signature PUBLIC NOTICE NOTICE INVITING BIDS CC-908 Notice is hereby given that sealed bids will be re- ceived by the City of Hun- tington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, Califor- nia, until the hour of 2:00 p.m. on May 17, 1994, at which time they will be opened publicly and read aloud in the Council Cham- bers for the South Beach Restroom No. One in the City of Huntington Beach. A set of plans, specifica- tions, and other contract documents may, be ob- tained om April 22, 1994 at the Department of Public Works, 2000 Main Street, Huntington Beach, Califor- nia, upon receipt of a non- refundable fee of $30: Each bid shall be ' made on the Proposal Form and In the manner provided Jn the contract documents, and shall be accompanied, by a certified or cashier's check or a bid bond for not, less than 10% of the amount of the bid, made payable to the City of Hun- tington Beach. The Con-, tractor shall, in the per- formance of the work and improvements, conform to the Labor Code of the State of California and' other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereun- der are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be consid- ered unless it is made on a form furnished by the .City of Huntington Beach and is made in accordance with the provisions 'of' the pro- posal requirements. Each bidder must be li- censed and also prequali- fied as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Coun pit of the City of Huntington Beach, California the 18th1 of April, 1994. Connie Brockway, City Clerk of the City of Huntington Beach, 2000 Main Street, (714) 536-5431 Published Huntington Beach -Fountain Valley In- dependent April 28, May 5,', 12, 1994. r a� City of Huntington Beach Project Name: South Beach Restroom No. One Public Works Department Bid Openning: May 17, 1994 @ 2:00pm 2000 Main Street, P.O. sox 190 Engineer's Estimate: $219,210.50 Huntington Beach, CA 92648 Cash Contract # • 908 Item 1 Temporary CL Fencing 2 Cleachring /Grubbing 3 Cut 4 Fin 5 import Sol (pure volume) 6 Building Demolition 7 AC and Base Removal 8 Concrete Removal 9 6" Concrete Paving 10 4" Concrete Paving 11 r Wide Concrete Band 12 Mow Strip - Concrete 13 AC P_-Ang SUMMARY scn tion Contract Quantity Unit 520 fir, r 1 lump surr 20 cu yc 165 cu yc 145 Cu yc 1 lump Senn 5100 sq r 1450 sq r 2620 sq f 1669 sq f 127 In 16 on r 3111 Sq f 14 Interlocking Pavers with Base Concrete 376 sq f 15 8"Wide Concrete Curb 220 Gn f 16 18" High Concrete Bench 50 In f 17 36 High Block Pilasters 5 eact 18 Concrete Block Shower Wall ( 42" high) 15 In f 19 Concrete Block Pilasters w/shower plumbing 5 eact 20 36" High PVC Railing 111 In r 21 Drinking Fountain with Sump 1 eact 22 Trash receptacle/ holder 3 eats' 23 Bike Rack 5 eact 24 Restroom Building 1 lump sun 25 Site Electrical and Electrical Service 1 lump sun 26 Building Electrical 1 lump Burr 27 Remove, Store and Replant Palms 7 eact 28 Turf - Sod 521 sq r 29 Groundcover 277 sq f 30 Fine Grade 1757 sq f Sub -Total Base Bid; Universal Construction Bidder 1 Price Amount United Builders Bidder 2 Price Irvine Engineering Corp. Bidder 3 Pnc�e ( .. Amount `. Zagros Incorporated Bidder 4 Price'e� . Amount sa.os $4,997.20 s2.00 $1240.0o $1.05 $651.00 $10.00 $6,200.00 s4,000.00 54,000.00 $1,000.00 $1,000.00 33,500.00 53.500.00 $12.000.00 a12,000.00 $50.00 $1.000.00 $15.00 $300.00 $15.00 $300.00 $10.00 $200.00 $10.00 $1.650.00 $15.00 $2.475.00 $18.97 $3.130.05 $10.00 $1,650.00 $IS-00 $2.175.00 $15,00 a2.175.00 $22.45 $3.25s.25 s20.00 s2,900.00 54,500.00 $4.500.00 $6,500.00 $6,500.00 54.950.00 54,950.00 $10.000.00 $10,000.00 $1.57 $8,007.00 $0.75 $3,825.00 $0.89 $4.539.00 $2.00 $10.200.00 $2.41 $3.494.50 $1.00 $1.450.00 $0.98 $1,421.00 $2.00 $2,900.00 $3.05 $7,991.00 $2.50 $6.550,00 $4.50 $11.790.00 $3.00 $7,860.00 $2.40 $4,005.60 $2.251 $3.755.25 $2.25 $3,755.25 $2,00 $3.338.00 $10.00 51,270.00 $10.00 $1,770.00 $12.00 $1.524.00 $10.001 $1,270.00 $24.00 5384.00 $10.00 $160.00 $15-00 5240.00 $1000 $160.00 s3.00 $9.333.00 $2.75 s8.665.25 $3.85 $11.977.35 $4.00 $12.444.00 $17.29 $8,501.04 $8.00 $3.008.00 $8.50 $2,444.00 $10.00 $3.760.00 s5.00 $1.100.00 $12.00 a2,64o.00 $15.001 $3,300.00 $12.00 $2.640,00 $125.00 $6,250,00 $70.00 53.500.00 $25.00 s1,25o.00 $W'00 $2,500.00 $600.00 $3,000.00 $175.00 5875.00 5500.00 52.5W.00 $500.00 $2,500.00 $75.00 $1.125.00 s50.00 $750.00 $65.00 $975.00 $100.00 a1.5o0.00 $1,400.00 $7.000.00 3250.00 $1,250.00 $1,200.001 $6,000.00 5500.00 $2.500.00 530.00 $3.330,00 $45.00 54.9%.00 $50.00 $5,550.00 $80.00 $8,880.00 $4,700.00 $4.700.00 $3,000.00 $3.000.00 51,800.00 $1,800,00 $2,000.00 a2.000.00 5300.00 $900.00 $300.00 S9o0.00 $500.00 $1500A0 $500.00 $1,500.00 s500.00 $2.5oo.00 $100.00 $500.00 ass0.00 a2.750.00 s500.00 $2,500.00 $135,000.00 $135.000.00 S168,000.00 $166.000.00 $135.035.23 $135,035.23 $130.000,00 $130,000.00 $2.200.00 $2.200.00 $11.000.00 311,000.00 $24,000.00 $24,000,00 $10,000.00 $10,000.00 s6,6oa.00 $6.6m.00 $13.000.00 $13,000.00 $12,000.00 512.000.00 $15,000,00 $15,000.00 $400.00 $2,800.00 $250.00 $1.750.00 $500,00 53.500.00 $500.00 $3,500.00 $1.72 $896.12 $1.00 $521.00 $1.25 5651.25 $1.00 $521.00 $2.35 $650.95 s1.00 a277.00 55.00 $1.385.00 $2.00 s554.00 $1.42 $2.494,94 $0.30 5527.10 $1.29 $2,268.53 $1.00 $1,757.00 s239,a55.35 $253,748.60 $257M9.9 1Mwwwn. $252.734.00 .Ir ftern ..... .... .... .. .. ....... ....... ..... ..... ... ................ ............. 31 Soil Amendments 32 Irrigation System 33 Automatic Controller 34 90 - day Landscape Maintenance 35 One gallon shrubs 36 37 38 39 41 42 43 44 45 46 47 48 49 so 52 53 54 56 57 58 Ell 9F :)ntract, u I a . MR . y Unit.-.: 1757 1 Sq 1757 Sq - each —1 1757 Sq PI 432 each ase Universai Construction Bidder 1 Price �;'AMO Ont:­.:'� United Builders Bidder 2 Emit:.:.. I .... .... P ric, 4"""' ""A moun S0.501 $87850 Irvine Engineering Corp. Bidder 3 7 "r N577'" rice,: ­-..ArnbdnV-­ Zagros Incorporated Bidder 4 .. ..... .... ......... $0.68I $1,194.76 $1.4.5 $2,547.055 $1.001 $1,757.00 $8.14 $14.301.98 $3.00 $5,271.00 S2.75 $4,831.75 $1.00 S11,757.00 $3,700.00 $3,700.00 $6.500.00 $6,500.00 SSM-00 5500,00 $5,000.00 $5.000.00 $0.51 $900.01 $0.75 $1.317.75 $0.50 $878.50 $1.00 $1,757.00 $15.00 $8,480.00 $2.00! $864.00 $7.75, S3,348.00 $5.00 $2,160.00 $266,432.10' $268.579.135 $270,045.81 $275,165. O:Oj NNW 5266,432.10w $268.579 85 1 $270,045.81 $2!75,165.odo City of Huntington Beach Public Works Department 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 BID SUMMARY .INteom • i L Descrption Contract OLUn it 1 Temporary CL Fencing 620 lin 1 2 Cleachring /Grubbing I lump curt 3 Cut 20 cu yc 4 Fill 165 Cu yc 5 Import Sod (pure volume) 145 Cu yc 6 Building Demolition I lump surr 7 AC and Bass Removal 5100 sq f 8 Concrete Removal 1450 eq f 9 6* Concrete Paving 2620 sq f 10 4" Concrete Paving 1669 sq f 11 8" Wide Concrete Band 127 tin r 12 Mow Strip - Concrete 16 on r 13 AC Paving 3111 sqt 14 Interlocking Pavers wi h Base Concrete 376 sq f 15 8* Wide Concrete Curb 220 lin f 16 IS" High Concrete Bench 50 in f 17 36* High Block Pilasters 5 ent 18 Concrete Block Shower Wall 42" high) 15 tin f 19 Concrete Block Pilasters w1shower plumbing 5 each 20 36'High PVC Railing 1 i i fin f 21 Drinking Fountain with Sump I ese 22 Trash receptacle I holder 3 each 23 Bike Rack 5 ewt 24 Restroom Building I lump surr 25 Site Electrical and Electrical Service I lump surr 26 Building Electrical I lump surr 27 Remove. Store and Replant Palms 7 each 28 Turf - Sod 521 sq r 29 lGroundcover 277 sq 0 30 1 Fine Grade 1757 sq 11 Sub -Total Base Bid: Project Name: South Beach Restroorn No. One Bid Openning: May 17,1994 @ 2:00pm Engineer's Estimate: $219,210,50 Cash Contract # : 908 Lynch Construction Inc. Bidder 5 Rohn Construction Inc. Bidder 6 1:Am6UnV' y Team Construction Bidder 7 Price ouru.-" Midland Construction Co. Bidder 8 A UR M nci 'Amount Price Amotnt $2.271 $1,407.40 $1.35 $837.00 $1.64 $1.016-60 52.15 311.33100 $5,e50-00 $5.850.00 $2.360-00 $2.360.00 $7.200-00 $7=.00 $6,000.00 $6,000.00 $13.50 $270-00 $29-50 $590.00 $18.00 $360.00 $5.00 3100.00 S31.61 $5.215.65 $29-50 $4.867.50 $18.18 32.999.70 $709.50 $24.83 $3.600.35 $21.25 $3,081.25 $9.00. $1=.00 _$4.30 $15.00, 52,175.00 $4.100.00 $4.100.00 $3,068.00 $3,068.00 S5.1920.00 $5,820.00 $4.000.00 $4,000.00 $0.60 S3,01513.00 $0.60 $3,060.00 32.02 $10,302.00 $0.55 $2.1805.00 $2.07 $3,001.50 $1.18 $1.711.00 $1.50 S2,175.00 $0.75 $1,087.50 $8.21 $16,270.20 $3.06 $8,017.20 $3.66 $9,589.20 S4.70 $12,314.00 $3.70 $6,175.30 $2.65 $4.422.85 $3.48 $5,808.12 $3.90 $6,509.10 $13.23 $11,680.211 $14.20 $11.803.40 $1080 $1.371,60 $10.50 $1.333.50 $12.81 $204.96 $9.50 $1152.00 $4.80 $75.80 $9.40 $150.40 $3.09 59,1512.99 $1.73 $5,362.03 $3.04 $9,457.44 $4.25 $13,221.75 $9.31 $3.500.56 $10.32 S3,1580.32 $10.2e $3.657.75 $15.00 35'840.00 $10.07 $2,215.40 $12.00 $2.640.00 $16,00 S3.696.00 $11.00 $2,420.00 $171.00 $8.550.00 S99,00 $4,950.00 $55-20 $2.760.00 $165.00 $8,250.00 $160.00 5800.00 $230.00 $1.150.00 S327.60, $1.638,00 $300.00 $1.5m.00 380'00 S11,200.00 $63.00 $945.00 560'00 $900.00 $125.00 $1.875,00 $300,00 $1,500,00 $335.00 $1,675.00 $1.023.60 ss118.00 $440.00 $2,200.00 $65.77 $7=.47 $70.40 $7.814.40 $70.00 $7.770.00 $150.00 $16.650.00 $3,000.00 $3,000.00 $3,021-00 S3.021.001 $2.640.00 $2,M.00 51.800.00 $1.800.00 $583.33 _$1.749,99 $480.00 $1,440.00 $300.00 5900.00 $400.00 $1,200.00 $380.00, $11.900,00 SI65.00 $825.00 $180.00 5900.00 $500.00 $2.500.00' $174,035.00 $174.035.00 $199.400.00 $199,400.00 $182,181.00 $182,181.00 $195,000.00 $195,1000.00 $1 I'sw 00 $1 I.5w.00 $11,120.00 $11,120.00 $19.680.00 $19.680.00 $11.000.00 $11.000.00 $14,800.00 $14,800.00 $9.540.00 $9,540.00 $9,12o.00 $9.120-00 $15.000,00 $15,000.00 $785.71 $5.499.97 $354.00 $2.478.00 $360-00 $2,520.00 $350.00 $2.450.00 $2.50 $1.302.50 $1.00 $521-00 $1.20. $625.20 $0.95. $494.95 $0.451 s124.6s $0.70 $193.90 $0.54 $149.55 $1.001 $277.00 $0.211 5368.97 - $0.23 $404.11 $0.09 $158.13 $0.251 $439.25 3299196 07 529134996 .331, AID- Lyncn construction Inc. Bidder 5 'rr Price :. f ..:.:Amount . Rohn Construction Inc. Bidder 6 Price . Amount r Team Construction Bidder 7 Unrt Price . Ariiaunt:'.. Midland Construction Co. Bidder 8 U tttt ::Price,:- Anya`tstttv...: F Itemunit • Na '. "'"'.,.... ..:w+h.,.. i:Y:.F'. a::•:::u. • ..:..x•N.: •:?<:.:t +x :.: X'f„fi DesCn ttort,...............::... ::.....:n ::.,..,: rQuarttit � f,::Unit •: 31 Soil Amendments i 1757 1 sq ft $0.37 i 5650.09 50 84 $1.475 eA to.19 5333 83 $0.00 S1,4C5.£0 32 Irrigation System 1757 sq ft $3.o7 $5,393.99 $8.15 S10,805.55 $3.39 $5.956.23 $8.00 $10.542.00 33 Automatic Controller 1 each 54,700.00 $4.700.00 $8,732.00 $8.732.00 $5.598.00 $5.598.00 $8,500.00 $8,500.00 34 90 - day Landscape Maintenance 1757 sq R $0.60 $1,050.00 $0.37 5650.09 S0.31 $544.67 $0.40 $702.80 35 One gallon shrubs 432 each $4.08 $1.753.92 $S.52 $2.384.64 $6.00 $2.592.00 $5.50 $2,376.00 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Additive Alternates Total Base Bid: $313,344.07 $315,398.12 $317520.06 5343,961.35 AQ Al A64 A A65 A3 A66 A A67 A A68 A A69 A7 A7 Total I $313.344.07 $315,398.12 S317,120.06 5343,961.35 10 City of Huntington Beach Public Works Department 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 BID SUMMARY .. . . . No. :: _ Descr 1 Temporary CL Fencing 2 Cleachring /Grubbing 3 Cut 4 Fill 5 Import Sol (pure volume) 6 Building Demolition 7 AC and Base Removal 8 Concrete Removal 9 6" Concrete Paving 10 4" Concrete Paving 11 8" Wide Concrete Band 12 Mow Strip - Concrete 13 AC Paving Contract Lion Cluantity 620 . 1 20 165 145 1 5100 1450 2620 1669 127 16 3111 14 Interlocking Pavers with Base Concrete 1 376 15 8" Wide Concrete Curb 16 18" High Concrete Bench 17 36" High Block Pilasters 18 Concrete Block Shower Wall ( 42" high, 19 Concrete Block Pilasters wlshower plun 20 36" High PVC Rating 21 Drinking Fountain with Sump 22 Trash receptacle 1 holder 23 Bike Rack 24 Restroom Building 25 Site Electrical and Electrical Service 26 Building Electrical 27 Remove, Store and Replant Palms 28 Turf - Sod 29 Groundcover 30 Fine Grade 50 5 15 111 1 3 5 1 1 7 521 277 1757 Unit in I imp sun cu yc cu yc cu yc imp sun sq r sq r sq r sq r tin r iln r sq r sq r lin r tin r east 4n r eact in r eacr eact eact imp Burr rmp sum unp surr each sqf sqA aqn 7'" Name: South Beach Restroom No. One Bid Openning: May 17, 1994 @ 2:00pm Engineer's Estimate: $219,210.50 Cash Contract # : 908 States Link Construction Bidder 9 Louis T. Gabriel Const. Bidder 10 Un1t <Pr""rce ..,. ..r:.Airlount .:: Standard Construction Co. Bidder 11 .,::.Price..,.:. ....Arzrount Bidder 12 :. Price Amount.::} nit'. Pace s , <Amour�t... $5.84 $3,620.60 $1.54 5954.80 $1.50 SS30.00 $6.772.00 $6.772.00 $3,440.97 $3,440.97 $3,000.00 $3,000.00 $23.35 b467.00 $8.19 $163.80 535.00 $700.00 $23.35 S3,BS2.75 530.67 $5,060.55 $13.00 $2,145.00 $31.52 $4,570.40 $11.70 $1,696.50 $20.00 $2,900.00 $6,421.00 $6,421.00 $4,709.25 $4,709.25 $5,000.00 $5,000.00 $0.64 $3.264.00 $1.11 $5.661.00 S0.S0 $2,550.00 $1.12 $1,624.00 $1.76 $2,552.00 $1.00 31,450.00 $5.41 $14,174.20 $4.33 $11.344.60 $4,56 $11,947.20 $3.61 $6.025.09 $3.22 $5.374.18 S4.38 $7.3 t 0.22 $9.34 s1,186.18 $5.80 $736.60 $1.00 $889.00 $16.35 $261.60 $9.36 $149.76 $3.50 $56.00 $3.41 $10,608.52 $3.59 $11.168.49 $3,50 $10,888.50 $7.59 $2,8S3.84 $10.47 $3.936.72 $11,28 $4,241.28 $16.35 $3,597.00 $8.72 $1.918.40 $12.00 $2,640.00 $107.41 $5,370.50 $43.08 S2,154.00 $50.00 S2,500.00 $408.64 $2,043.20 $310.05 51,550.25 5300.00 $1.500.00 $10S.08 $1.576.20 $43.42 $651.30 $100.00 $1.500.00 $788.00 $3,940.00 $813.15 54,065.75 5500.00 $2,500.00 $77.06 $8.553.66 $79.06 $8.775.66 $25.00 $2,77S.00 $2,989.00 $2.969.00 $2,925.00 $2,925.00 $3.100.00 $3.100.00 $583.77 St,751.31 $292.50 $877.50 5300.00 $900.00 $175.13 S875.65 $117.00 s585.00 $300.00 $1,500.00 $196,125.00 $196.125.00 $224,532.00 $224,532.00 S242,000.00 $242,000.00 $10,500.00 $10.500.00 $9,243.00 $9,243.00 $9,500,00 $9,50000 $16,042.00 $16,042.00 $14,90S.80 $14,905.80 $14.000.00 $14.000.00 $350.26 S2,4S1.82 $351.00 $2.457.00 $1,000.00 $7.000.00 $0.97 $505.37 $0.97 S505.37 $2.00 $1.042.00 $0.70 $193.90 $0,70 $193.90 $2.00 5554.00 $0.23 $404.11 $0.23 $404.11 $1.00 S1.757.00 $322.620.09 5332,693.26 5348.775.20 Sheet 5 Item Aq ........ .. ..... - .. .... Contract I n 31 Soil Amendments 1757 1 sq f 32 Irrigation System 1757 sq f 33 Automatic Controller 1 . each 34 90 -day Landscape Maintenance 1757 sq F 35 One gallon shrubs 432 each 36 39 40 41 42 43 44 45 46 47 48 49 so 51 52 53 54 55 56 57 58 59 60 61 otal Base Bid: states Link construction Bidder 9 Bidder 10 --- --------- - Amount:.:.: Prk�' t. Standard Construction Co. Bidder 11 Pn nt:' ce:...; ;Amqu Bidder 12 Piri �c 6e �:'Amount ...... Price ::�-.-Arnoun S0,841 $1,47588 $084 $1.A75 " $1.00 $1.757.00 $6,09 $10.700.13 $6.11 $10.735.27 $4.27 $7.499.93 $S,M.00 $8,640.00 $8,658-00 $8,658.00 $7.600.00 $7.600,00 $0.37 $650.09 $0.37 $650.09 $0,34 $599.84 $5.48 $2,358.72 $5.48, $2.367.36 $3.00 $1.296.00 $346.444.91j 5356.579.86 $367,527.F7 IL 5356,579.86 S346.444-9�1h§j@Mj S367,527.97 I have'rec[C-908, ived the Faithful Performance Bond and the Labor and Materials bond for South Beach Restroom No. One on behalf of the Treasurer's Office Dated By RETURN BID BONDS ALL BIDS REJECTED TITAN INDEMNITY COMPANY `i San Antonio, Texas BID BOND BOND NUMBER ,110.4 39 N l� KNOW ALL MEN 8Y THESE PRESENTS: That...... 5t.a.n.d.ard...... ................................................................................................... Of.............................................................................................................. .................................................................................................................................. . as Principal, and TITAN INDEMNITY COMPANY. Cit _of Huntin ton Beach a Texas corporation, as Surety, are held and firmly bound unto._.......Y............. .....................�....-...-..................... --_............ as Obligee, in the full and just sum of t.T1....PEr.enfir.I...O o_)_,,,Of.,.tt1e.,,gte3t5t,,,,aI[1OLlt1t. bid not to exceed a maximum of thirty -fie thousand($35,000.00)�Ilars. lawful money of the United States, for the payment of which sum, we'l and truly to be made, we bind ourselves, our heirs. executors. administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal Beach Res troom & Landscaping CC-908 THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will. within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void: othemise the Principal and Surety will pay unto the Obligee the dilference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with ano! her party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. i Signed, sealed and delivered .I`. #y..J:Z.f....1994 (Date) r Standard Construction Co.,I11RAL) I ......................... iSEA!} ........................................................... I aj Maven a , ident TAN INDEMNITY COMPANY j ................ .t..... 1 B l a k e A. P S r, Attorney in -fact , 71C.e1t•2 I coin-RACT AMT. N/A Titan Indemnity Company San Antonio, Texas GENTRAL POWER OF ATTORNEY DONDAMT: $35,000.00 BONDNo.: 110439 110439 Know all men by these Presents, that TITAN INDEMNITY COMPANY has made, constituted and appointed, and by these presents does make, consG;ute and appoint Blake A. Pfister its true and lawful Attorney -In -Fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, bonds, undertakings, contracts of Suretyship, and olher documents of a similar character Issued In the course of IS business, and to bind the Company thereby, provided that no bond or undertaking or contract of suretyship exemlad under their authority shall exceed in the amount the sum of Five Hundred Thousand and 001100 Dollars ($500,000) fits Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Directors of TITAN INDEMNITY COMPANY on the 15th day of January,1993. Roeotved: That Mark E. Watson, Jr., Presdent Mark E. Watson, tit. Secretary, Michael J. 4odayte, Treasurer, Bob L S"ey. Executive vice President, and Ge-w Holt, Yrce Resident of s rely operations, or arty of them. shall have the power to apponb Attorneys -In -Fact as bid business of Ow Corporation may require or to audnori:e any persons lo execute on berwatf of ft Corpo,ation any bonds, undenakings, recognaances. stipulations. policies, contracts. agreements, deeds and release and assignment of tudtments, decrees. morvapae and tnstr rnenq In the nature of mortg sges and also as other instrwnents and documents which the business of the Corporation may require and to affix the seat of fie Corporation thereto. Firsotwed Further. That the Company seal and the signature of any of the aforesaid cf6.rs may be affixed by racsimrle to any power of attorney certificate of aither given for the execi,tion of any bond, undertaking, contract or suretyship, or 00w written obligation in the nature tharecf. such signature and seal when do used being hereby adopted by the Company as tM original signature of such off m and the oriptraf sear of the Comparry. to be vai-d and bind'mg upon rice Company with the same force and arecl as though manually affixed. In Witness Whereof, TITAN INDE16INITY COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidelts and attested by its Secretary this 15th day of January.1993. �y A9est: Mark E. Watson, III, Secretary The State of Texas County of Sew TITAN INDEMNITY COMPANY By: Bob L Sibley, Executive Vice President On this 28th day of May.1993 before me personally came Bob L Sibley, to me known, who being by me duty sworn, did depose and say that he Is the Executive Vice President of TITAN INDEMNITY COMPANY, the corporation described in and which execuled the above instrument; that he knows the seal of the sad corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Jill Buntgardner, Notary Public Certificate 1, the undersigned, the Treasurer of TITAN INDEMNITY COMPANY, a Teas Corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and turthermore that the Resolution of the Board of Directors, set forth in no said Power of Attorney, is new in force. Sig-ted and sealed in the City of San Antonio, In the State of Texas. Da,.ed the 17 thday of May .19 9 4 Michael J. S^diyle, Treasurer CrIC•GFo 05240 RID OR PROPOSAL BOND KNOW ALL MIEN BY THESE 011ESEMCS: That We, MIDLAND CONSTRUCTION CO. (hereinafter called the Princlpal), as Principal, and WASHINGTON INTERNATIONAL. INSURANCE COMPANY, a corporallon organized and doing business under acid by viduo bf the taws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA at Surety, are herd and firmly bound unto CITY OF MJNTINCTON BEACH (hereinafter called the Obligee) In the just and full lure of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID Dollars ($ 102 OF BIg—}lawful money of the Uniled States of America, for the payment of which, wall and truly to be made, we hereby bind ourselves and our het:s and each of our successors and assigns, jointly and Severally, firmly by these presents. THE CONDITION OF THIS ODLIOATION IS SUCH THAT, M-1Ei1EAS, the above bounden Principal as aforesaid, Is about to hand In and submit the Obligee a bid or proposal for the "SOUTH BEACH RESTROOH BUILDING" In accordance with the plans and specifications filed In the office of the obligee and under the notice Inviting proposals theteforc NOW, VtFlMht, If the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the princlpal thereupon by the said obligee, and said principal shall enter Into a contract and bond for the complelion of bald work As required by law, then this obligation to be null and void; otherwise to be and remain In full fotcs and effect. IN VaTHESS WHEAEO , sgid princlpal and said Surety have canted these presents to be truly signed and seated this 16TH day of MAY ,19 MIDLAND CONSTRUCTION CO. WAS10410N9,1101161ATOR"SURANCE COMPANY A. QOIGLEY \ Attorney —In —Pact ;� . 1 General WISHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MCN BY THESE PRESENTS: That the Washington International Insurance Corrapny, a corporation organized end existing under the laws o'. the State of Arizona, and having Its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint JENNIFER JOHNSTON AND MICHAEL A. QUIGLEY EACH IN THEIR SEPARATE CAPACITY its true and lawful ettorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such Instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to at intents and purposes, as if the same has been duly executed end acknowledged by its President and its principal office. This Power of Attorney shall be limited In amount to s2,000,0WX0 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, 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 authcrity given him. 2. 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 bord or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMONY seal to be a STATE OF COUNTY Washington International Insurance Company has caused this instrument to be signed and its corporate &uthorized officer, this 1st day of January, 1994. t:t= CE COMPANY S"n_An2Wrson, Vice President on this 1st day of January, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, being by me duty sworn, said that he is the therein described and authorized officer of the Washington International Insurance CoVany; that the seal affixed to said instrument is the Corporate Seal of said Company; IN 7ESTINO14" s =t0F riTAR e'fjCWnto se hand and affixed my Offieial Seat, the day and year first above written. "OFi'ICI StL CHR15TiNE IAREZSKY i Notary Pubnt. State of tlfinois istine Zarets , kotary P ie My Comm=lc:oe []Lit" �Q'7'96 y Commission E pires tuber 1996 CERTIFICATE STATE OF ILLINOIS) CWNTT CF COOK) 1, the undersigned. Secretary of WSHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, Do HEREBY CERTIFY that the foregoing end attached POWER of ATTORMET 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 the' 6TH day of WAY , 19 . 4 f Lewis M. Moeller, Secretary r THE AMERICAN INSTITUTE OF ARCHITECTS i AAA Occur.:e:tt A370. Bid Bond KNOW ALL MEN -BY THESE PRESENTS, thatwe LOUIS T. GABRIEL CONSTRUCTION, INC. P.O. BOX 1060 . GLENDORA, CA 91740 1144M WAa" Nil ""ee " samm of lti4l nde of Cmutaen as Principal, hereinafter called the Principal, and GREAT AMERICAN INSURANCE COMPANY irr..e iws.+t iWr Am" aid adds«a of regal We of sate P.O. BOX 5440 ORANGE, CA 92613-5440 a eorporatfcn duly organized under the laws of the State of OHIO as Surety, hereinafter called the Surety, are held ind firmly bound unto CITY OF HUNTINGTON BEACH Gies iwsen lull a m%e aid addrp, e, legal utle of 0-.444 as Oblige hereinafter callrV the Obligee, In L':e sun cf TEN PERCENT OF THE AMOUNT BID ---- IDolIsrs iS 10% OF BID- ). far the payment of which sum wetli and truly to be made, the said Principal and the said Surety, bind vurselves, our heirs, executors, administrators. sudce=m and assigns, Ieiridy and severally, firmly by Leese presents. WHEREAS, the Principal has submitted a bid for We.w rnen full &~. &Wml ind dow"ien N Rmimcd RESTROOM NO. ONE NOW, TM12VO%ti It the Qbfixee shot aerspt the bid of 6e TrindpA AM. the /rIndpal shop enter into a Contract with the CbHW in accordance with the terms of such bid. And &e such bond of bonds as may be Vtdfied in the bidding or Contract Ccwvments with Eoed and sufficient surety for the faithful performance of wch Conts&d And for the Prompt payment of labor and Puteriai furnished in the prosecution thereof, or in the Avert of the failwt of the Fdrid„a) td enter such Contract and slue such bond or bonds. If the h9ndpd stud pap to the O&Igee the tfiKrrrrce mX to exceed the Penalty her*ol betwern the Amount spedffed in said W and wc% tar=er amount for which the cbhsee nw in good faith cantraci wiih another parry to perform trio Work covered by said bid, th*n this obftaslon shall be null and road. other-4e to mma;n In full force and effect Signed and sealed tihis 13TH T, I Ll&— fWunew (Witness) day a! f--t:1Y 1594 LOUIS T. GABRIEL CONSTRUCTION, TX. ` BY: I l (ride) GREAT AMERICAN INSURANCE CCVP W BY; (Tide) JAY P. REEK&N, ATTORNEY —IN —FACT AtA OCCUAOmf AM . 810 aCP40 • ArA e. )fSMAXY TM to • TPI AMt)uCM OCTTrU" Of AA011TIICTS. MS N.Y. AW_ KW. WASHInCMFt O. C =COS Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of �ALI PDRI IA County of ��AAI g�►eJvRR,a/tea On MA V 13, 12N before me,��/ Al, NAUSU� A107flKV PUBLIC , OAT NAME. TITLE OF OFFICER E.G.. 4ME DOE, NOTARY PUBLIC' personally appeared AY P�2EI�mA,c.1 NAME(5) OF 51GNER(S) personally known to me - OR - to be the person(.&) whose name4a) is/a-m subscribed to the within instrument and ac- knowledged to me that helsh4ftay executed the same in hisIbAvA#e+f authorized •!aN••!a!!a!!!!ai•!!!-a■s!•ras•lNN9••• h�+r�4� ca acit and that b his/T� i'iCIAL SFAL ; P Y{+�-r Y SHiFf P �. DA1`JISH signature(&) on the instrument the person{}, NOTr.RYPUBLIC -CAUro.RNIA ; or the entity upon behalf of which the • ri,y NOTARY BOND FILED IN - i LOS ANGELES COUNTY : person($) acted, executed the instrument. � f • MY C0rrrri6si0n Expires January 30, 1S95 •sssassslssaasasrr.lsa!!slrsessssarsass! WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TIT EIS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: WAE Or PERSON(S) ORE pES) DESCRIPTION OF ATTACHED DOCUMENT 6/0 Ballo TITLE OR TYPE OF DOCUMENT l NUMBER OF PAGES L9V DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • $235 Aemmet Ave., P.O. Box 7784 a Canoga Park, CA 91W9-7184 \. Y11 GtF1 AIVER1CAN INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI.OHIO 45202.513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SIX POWER OF ATTORNEY No.013525 KNOW ALL .LIEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE CONIPANY, 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 rnd contracts of suretyship, or other written obligationsin the nature thereof; provided that the liability of the said Companyonany such bond, un.lertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JOHN CAL VIN DONALD R. DES COMBES ALL OF ALL ROBERT J. CULP PHILIP E. VEGA ONTARIO. UNLIMITED JAY P. FREEMAN KIM M. WALKER CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS W HEREOFthe GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriatr officers and its corporate seal hereunto affixed this 15 tit day of July 11993 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF 01110. COUNTY OF HA161ILTON — ss: On this 15th day of July. 1993 . before me personally appeared GARY T. DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them. be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalfof the Company. as surety. any ands ll bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof,- to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at anytime. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be axed by facsimile to any power of attorney or certificate ofeithergiven for the execution ofany bond. undertak rg, contract orsuretyship. or other written obligation in the nature thereof, such signature andseal µ•hen so used being herebyadopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the samr force and effect as though manually affixed. CERTIFICATION 1, RO'NALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this �7_&j,1 day of - yam► 1 ' �- SIONP (a 93) i KIOW ALL LIEN BY THESE PRESENTS: That we, rt� %NSVAaNC£ COMPA%V CF THE WEST sa" o•fao. cA 9:138 BID OR PROPOSAL BOLD ROM. CONSTRUCTION, INC. (hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed far the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto THE CITY OF HUNTINGTON BEACH in the just and fell sum of TEN PERCENT OF THE TOTAL AMOUNT BID (hereinafter called the obligee) Ocllars (S -----IOC----_ ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS 0BCIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated MAY 17, 1994for RESTROOM NUMBER ONE (908) in accordaice with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be cull and void, otherwise to be znd remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 13TH day of MAY ,19 94 ROHM CON STAUCTION-.e�C. TIMOTHY V ROM, PRESID1,147 INSURA CE 0L1P OF THE T By D. J. PICARD, Attarncyin-Fact I CW CA L 120 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 7-State of -CALIFORNIA _^ COU:Ity Of ORANGE On 5/13/94 before me, BEATA A. ARGUELLO, NOTARY PUBLI. personally appeared D. J. PICARD xxx personally known tome OR proved to me on the basis of satisfactory evidence to be the personal -whose name4-) is/am subscribed to the within instrument and acknowledged to me that he/zfkkey executed the same in his/fta7 lW&authorrzed capacity(, and that by his/boqtdxEk signature(e) on the instrument the personal, or the entity upon behalf of which the person(!)) acted, executed the instrument. NCH-•N��HHt N♦}i��NN • BEATA A. ARGUELLO UJ Comm 0991500 N C ' • NOTARY PLM C . C& FORM OR-44E COUNTY • `"' Vt Comm. EipirK AM 14,1297 WITNESS. my hand and official seal. r Signature of No ry OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER: Though statute does not require the Notary to fill in the data below, doing so may prove Invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) Titles PARTNER(S) LIMITED xxx ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR. OTHER GENERAL SIGNER IS REPRESENTING: (name of person(s) or entity) INSURANCE. COMPANY OF THE WEST THIS CERTIFICATE MUST BE ATTACHED TO THE FOLLOWING DOCUMENT: TITLE OF TYPE OF DOCUMENT: BID BOND NUMBER OF PAGES: 01 DATE OF DOCUMENT: 5/13/94 SIGNER(S) OTHER THAN NAMED ABOVE: CD - 7(a) INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO. CALIFORNIA -Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West. a Corporation duly authorized and existing t,nder the laws of the State of California and having its principal office in the City of San Diego. California. does hereby nominate, constitute and appoint: C. J. GRANGER, JR. ROBERT J. HANNA TODD M. ROIiM D. J. PICARD i;s true and lawful Attorneys)•in-Fact, with full power and authority hereby conferred In Its name. place and stead, to execute, seal. acknowledge and deliver any and all bonds. undertakings. recognizances or other written obligations In the nature thereof. 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 Insurance Company of the West at a meeting duly called and held on the Sixth day of February. 1973. which said Resolution has not been amended or rescinded and of which the following is a true, full. and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -In -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney -in -fact may be given full power to execute for and In the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF. Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to t•e signed by its duly authorized officers this LOTH DAY OF OCTOBER 1985 t`curro INSURANCE COMPANY OF THE WEST tc. i �airrpAw�• President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 10TH DAY OF OCTOBER 1Me the subscriber, a Notary Public of the State of California, In and for the County of San Diego, duly commissioned and qualified, came ERNEST R71DY, President of INSURANCE COMPANY OF THE WEST. to me personally known to be the individual and officer described In and who executed the preceding instrument, and he acknow- ledged the execution of the same. and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid. and that the seal affixed to the preceding Instrument Is the Corporate Seal of the said Corporation. and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Official Seal, at the City of San Diego. the day and year first above written. tir1Jk4•.'ti'�tL :': i :.=f4f."fi'1Y1LY,�'LliVtil 3f At Nr, s` A PORTER � �. • ! ^•-•.v,-14.Nolary Public t� :. �-lts'a�IVtii.'.:': u'i i .�1►•'iriiiiiSilL'Y'.1 ' STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO 1, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy. Is In full force and effect, and has not been revoked. IN WITNESS WHEREOF. I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation. this 13TH day of MAY 19 94- • � OF N 'r 1 s •.,t* t t� : r " Secretary ICW CAL 37 (REV. 51821 VIM_ 1nSC��Cp BID BOND BOND NO. 50439-5 KNOW ALL M_N BY THEM PRCSEWS, That we. TEAM CONSTRUCTION MANAGEMENT as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto In the full and just sum of CITY OF HUNTINGTON BEACH TEN PERCENT OF AMOUNT BID. (hereinafter called the Obligee) Dollars, ($ 10 % OF AMOUNT BID. ) for the payment whereof In lawful money of the United States, we bind ourselves. our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHERE -AS, the said PRINCIPAL has submitted the accompanying bid for HUNTINGTON BEACH SOUTH BEACH RESTROOM NO. 1 - JOB/BID #908 NOW, THEREFORE, lithe said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with suretyacceptable to the Obligee forthe faithful performance of the said contract, then this obligation shall be veld; otherwise to remain In full force and effect. Signed and Seated this Z 6 tr h day of MAY .., , 1 g_ 9 4 _ TEAM CONSTRUCTION MANAGEMENT CC 307 REV- 2AI INDEMNITY COMPANY of 0 AttWWrimFad POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA -- AND DEVELOPERS INSURANCE COMPANY N2 142999 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granle7 shall In any event terminate on the 31 st day of March.1996. 2. This Power of Attorney is void If altered or if any portion is erased. 3 Thls Power of Attorney is void unless the seal Is readable, the text Is In brown Ink, the signatures are In blue ink and this notice is In red ink_ 4. This Prover of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obllges s records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each svieralty, but not Jol ttly, hereby make, constitute and appoint "GEORGE QURCHFIEL, MATT WELTY, JOINTLY OR SEVERALLY' the true and fe*ful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and en behalf of each of said Corporations aS sureties, bonds, undertakings and contracts of su-etyshtp In an amount not exceeding Two Million Five Hundred Thousand Dollars ($2.500.11W) in any single undertaking; giving and granting unto said Attorneys) -In -Fact full power and authority to do and to perform every act nexssary, requisite or proper to be done N connection therewith as each of said corporations could do. but reserving to each of $a d corporations tu'l power of substitution and revocation; and all of the acts of said Attorneys) -In -Fact, pursuant to these presents, are hereby ratified and Confirmed. The authorty and powers conferred by this Power of Attorney do not extend to Orly of the following bonds, undertakings or contracts of suretyship: Bank deposit[ ry bonds, mortgage deficiency bonds, mortgage guarantee bonds. guarartees of Installment paper, note guarantee bonds, bonds on financial institutions, lease bends. Insurance Company qualifying bonds, sell -Insurer'$ bonds, fidelity bonds or boil bonds. This Power of Attoney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY. effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby Is. authorized to execute Powers of Attorney. gLilifforig the attorncy(s1 named In the Powers of Atiorrey to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney. RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certlflca*.e bearing such facsimile signatures shalt be valid and binding upon the carporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which It is attached. IN WITNESSVlHERc-OF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be Signed by their respec- five Presidents and arrested by their respective Secretaries this 1 st day of April. 1993. INDEMNITY COMPANY OF CALIFORNIA Da a F. vincernl Jr. President ATTEST Walter Crowell Secretary SPATE OF CALIFOnNIA ) ) SS. COUNTYOFORAAGE ) CEVELOPERS INSURANCE COMPANY Ey r 40snF. Vincenti, Jr.resident P',xFOR 1; Q e' O:T a rt o rail !f o Ise? ATTEST i Isr$ r a lx�wey Walter Crowell Secretary On April 1.199., before me, Tiresa Taafua. personally appeared Dante F. Vincenti. Jr. and Walter Crowell. personally known to me (or provided to me on the basis of satisfactory wildence) to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged 10 me that he/she/they executed the Same In his/her/their authorized Cloaciy(fes), and that by his/her/their signature(s) on the instrument the person(s), or the ertity upon behalf of which the person(&) acted, executed the Instrument. WITNESS my hsnd and official seal. S gnature =•ae•e•aae t]FFIGLII SFAL i- TIRESATAAFUA NOTARY PUBLIC - CAL iF ORNu �s PRiNCIPAL OFFICE N ORANGE COL74TY Mr CoRrriaaia+ Esp. Aug. 4. 1995 CERTIFICATE•~ The unders'gned. as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not teen revoked; and lurthermere, that the provisions of the resolutions of the respective Eoards of Directors of said corporations set forth In the Power of Attorney, are in force as of the date of this Certificate. This Cert.l cats Is executed In the City of Irvine. California, this _5_tiC� day of --Jy Ate 199 j- . IYDEMNITY COMPANY OF CALIFORNIA rpAry DEVELOPERS INSURANCE COMPANY �Nsu9 p�0*F rl4,, °'r' tPg�a P 044 ey ---- ', lssr a lay ` bler Fi C L.. eIsle e L.C. Fiebiger * + �� g . • +° Senior Vice President ~I fro +` Senor Vice President 17-310 REV. 4193 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, LYNCH CONSTRUCTION, INC. BOND 04-B PREMIUM: NIL (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto _CIIX OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full su.M of TEN PERCENT OF A`:OUNT BID Dollars ($ 10% J lawful money of the United States of America, for the payment of which well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the RESTROOM NL*1B£R ONE CASH CONTRACT NO. 908 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void: otherwise to be and remain in full force and effect. IN WITN7ESS WEEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 19 94 . BDB 600201 16TH day of LYNCH CONSTRUCTION, INC. By WASHINGTON INTERNATIONAL INSURANCE COMPANY By �ltk L 6,,4� DAVID L. CULBERTSON ATTORNEY -IN -FACT WASHINGTON INTERNA7IC941, INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company,s corporation organized a. existing under the laws of the State of Arizona, and having its principal office in the Village of Schour&ri Illinois, does hereby constitute and appoint + • KAREN CHANDLER, DAVIO L. CULSERTSON, LINDA L. CULBERTSON, • • + • CWL£S L. FLAKE, DIANA LASKOVSX1 AND LEXIE SHESl MO - • Its true and lawful attorneyCSI-in-fact to execute, seal and deliver for and on its behalf as surety, any and a bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof which are or spay be allowed, required, or permitted by law, statute, rule, regulation, contract or Otherwise, a4 the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washingtt. International insurance Company as fully and empty, to all intents and purposes, as If the same has been dul 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 sdopti March 22, 1978, July 3, 1980 and October 21, 1936 which read, in part, as follows: 1. The President may designate Attorneys -in -Fact, and authorize thew to execute on behalf of the Company, se attach the Seal of the Company thereto, bonds, and undertakings, recognizences, contracts of indemnity and oth4 writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized 1 certify to copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of t? Campany, and to remove, at any time, any such Attorney -in -fact or Specist Attorney -in -Fact and revolve the authorit given hfm.■ 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasure and Secretary, and the corporate seal of the Corpaiy, may be affixed to any Power of Attorney, certificate, bond c undertaking relating thereto, by facsimile. Any such Power of Attorney. certificate bond or undertaking ' such facsimite signature or facsimile seat affixed in the ordinary course of business shall he valid and upon the company. Ill TESTIMONY WHEREOj.%•on international corporate seal to�e�dI �� /y Authorized off o a ; CORPORATE o SEAL • f �y MIZOHII 6:, r STATE OF ILUNRi'Sj'i •-•.,,�.••• — COUNTY CF COCK Insurance,ptiripany has caused this instrtment to be signed a-d :or, thfVlOph day of November, 1992. TON INJEROTIONAL IM-RANC"a COMPANY son, Vice President On this 30th day of November, 1992, before me came the individual who executed the preceding instrument, to .- persoriatly known, and, being by One duly sworn, said that he is the therein described and authorized officer of Washington International Insurance Company: that the seat affixed to said instrtreent is the Corporate Seal of Company; IN TESTIMONY WHEREOF, I have hereunto set my hard and affixed my Official Seal, the day and year first written. "OFFICIAL SEAL" i1 r����u�r CHRISTINE ZARfTSKY "■"�� t istine ;aratW, Notary Puolic Notary Mrs(. Stitt of Illinois } My Cams,isslon E)(: Octoherkt 1996 My Comm'ssioe Expires 10.7.96 CATE STATE OF ILLINOIS ) COUNTY OF COOK ) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARiZONA Corporation, DO CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in Putt force and has not been revoked, _ furthermore that Article 911, Section S of the By -Laws of the Corporation, and the Rtsotutton of the Board - Directors, set forth in the Power of Attorney, are new In -force. Signed and seated in the County of Look. Datedtd of W&%►, 14 94 . Lewis M. Moetler, Secretary . e ;qa aTITAN INDEMNITY COMPANY San Antonio, Texas BID FOND 107105 84NO NUMBER , "• KNOW ALL MEN BY THESE PRESENTS! IRVINE ENGINEERING CORPORATION That 17880 SKYPARK CIRCLE, SUITE 270 IRVINE, CA 92714 _. as Principal, and TITAN jNDERtNITY COMPANY. a Texas corpo attom as Surtr:y, are held and t imty bounty u'ro C I TY OF HUNT I NGTON B EACH _ TEN PERCENT OF THE AMOUNT BID NOT TO EXCEED as Cbligee. In the full and just sum of THIRTY THOUSAND(M..000.00) tawful m-amey of the flatted 5tmes, for the payment of whit!► SUM Vielt and truly to be made, we bind oulseNes. OUT heiMGxaCutors. 1 edminiswrom successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principat Is herewith submitting Its proposal SOUTH BEACH RESTROOM #1 ' THE CONDITION O F TK I S OBLIGATION is such that if the of orssaW Principal shatl be awarded the contract the said Princpat v.ill. v.ithin the time require-4 enter Into a format corwact "give a Food andsuf6etent bond io secire theportortt!ance ofthe terms and conditions of the contntL then this obligation to be void; o:herwise the Princ?paj and Surety vvin pay unto the obligee the d:ltsrsnca in money bem-sen *.*amount of the bid of the said Ptincipal and the amoumi for WNrh the ObliSea legally curt -aces With another p", to perform the work if the letter amount be in excess of the former, but in no event sha:l liability hereunder exceed the penal sum hereof, MAY 16, 1994 $i9�ed. seated and delivered .-_..._.O�__ Iate) IRVIW ENGINEERING CORPORATION AN IN0E-MNITYCOMPANY BY: JAY P. F EEMAN-------Anorney-=n.fart nc." 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 Stata of CgA .�ii.IA CU r Countyof 11 On -(�Aj l(D 1g9y _ before me�, T Q DATE n personally appeared NAME. TITLE OF OFFICER - E.G..' JANE DOE. NOTARY 'j NAMEIS) OF SIGNER(S) personally known to me - OR - eyed t itfertee- to be the person(&) whose name(.&) Islafe- subscribed to the within instrument and ac- knowledged to me that hekhe,44ay executed the same in histhe 4h4&4- authorized ee•ate••a►�•ee°.sc•e+o��•°aaee°°•e+°se°• capacity(i.es), and that by hislhef ltheir ,�;:;. c•:::e:ar...�:e : signature(e) on the instrument the person{sj Z,:'-1'' H. C:"'� 5H ° or the entity upon behalf of which the -�A K, _.�'.' • F,�ri iP'".I:r J". • CALIFORNIA NOW.rY LON.) FILED tN person(o acted, executed the instrument. LO9 ANZ; LFS COU?M t'y Commiss'cn Emras J:nL::ry 30. 1995 E'°°'°`°°`°'°�°t�s:c:.,:��°�•°°°°°°'°" WITNESS my hand and official seal. / SiGNATURE OF NOTARY OPTIMML Though the data below Is not required by taw. it may prove valuable to persons relying on the document and could prevent fraudilent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmF;S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIARICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSC"S7 OR EN nTYUES) r DESCRIPTION OF ATTACHED DOCUMENT A;6 •C1. — TITLE OR TYPE OF DOCUMENT IJ NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 6236 Remmet Ave., P.Q. Box 7184 - Canoga Park. CA 91309-7154 Titan Indemnity Company I San Antonio, Texas 107105 r GENERAL POWER OF ATTORNEY CONTRACTAMT NSA BOND AMT $30,000.00 BOND No •107105 Know all men by these Presents; that TITAN INDEMNITY COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint • Jay Freeman, Philip E. Vega e its true and lawful Attorney -In -Fact, for it and in Its name, place and stead to execute on behalf of the said Company, as surety, bonds, undertakings, contracts of suretyship, and other documents of a similar character Issued in the course of Its business, and to bind the Company thereby, provided that no bond or undertaking or contract of suretyship executed under their authority shall exceed in the amount the sum of Five Hundred Thousand and 00/100 Dollars ($500,000) This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Directors of TITAN INDEMNITY COMPANY on the 15th day of January, 1993 Resolved That Mark E Watson Jr President Mark E Watson III Secretary Michael J Bodayle Treasurer Bob L Sibley Executive Vice President and Gene Holt Vice President of Surety Operations or any of them shall have the power to appoint Attorneys In Fact as the business of the Corporation may require or to authorize any persons to execute on behalf of the Corporation any bonds undenakinds recognizances stipulations, policies contracts agreements deeds and release and assignment of judgments decrees, mortgages and instruments in the nature of mortgages and also all other instruments and documents which the business of the Corporation may require and to affix the seal of the Corporation thereto Resolved Further That the Company seat and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney certificate of either given for the , execution of any bond undertaking contract or suretyship or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the onginal 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 In Witness Whereof, TITAN INDEMNITY COMPANY has caused Its official seal to be hereunto affixed, and these presents to be signed by one of Its Vice Presidents and attested by Its Secretary this 15th day of January, 1993 TITAN INDEMNITY COMPANY Attest - By 1 { Mark E Watson, III, Secretary Bob L Sibley, Executive Vice President The State of Texas County of Bexar On this 28th day of May, 1993 before me personally came Bob L Sibley, to me known, who being by me duly sworn, did depose and say that he is the Executive Vice President of TITAN INDEMNITY COMPANY, 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 name thereto by like order Jill Bumgardner, Notary Public Certificate I, the undersigned, the Treasurer of TITAN INDEMNITY COMPANY, a Texas 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 - s Signed and sealed in the City of San Antonio, in the State of Texas Dated the 16TH day of MAY 19 94 I Michael J Bodayle, Treasurer (TIC GPOA 052493) , AMWEST SURETY INSURANCE COMPANY A—t WOODLAND HILLS, CALfFORNfA BOND N0. 004003354 PREMIUM Premium included in Bid Bond Service BID DATE &17/94 PUBLIC WORKS BID BOND Know a'I men by these presents: That we. UNIVERSAL CONSTRUCTION MAINTENANCE INTERGRATION COMPANY INC (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALI=CF:NIA , as Surety. are held and fimly band unto CITY OF HUNTINGTON BEACH. CA (hereinafter ca'led Obligee) in the penal sum of Ten percent (10W0 ) of the amount of the attached bid in nut to exceed_Twenty Seven Thousand Five Hundred and 00/100------------ Dollars( $27 ,500.00 -- ), for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for REMOVE EXISTING RESTROOM AND CONSTRUCT NEW ONE HUNTINGTON BEACH NOW, THEREFORE, if the contract is awarded to the Principal and the surety has been provided with sufficient proof by Obligee of acceptable financing for the project, and the Principal has, within such time as may be specified, (but In no event later than 60 days after such award), entered into the contract in writing, and provided a bond with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be viod; otherwise to remain in full force and effect. SI,3NED, SEALED AND DATED THIS 17M DAY OF May, 1994. UNIVERSAL CONSTRUCTION MAINTENANCE INTERGRATION CO! Pnnapat Name wswBy: �J� CfQ s,q.yiw• ~ c AMWEST ISURETY INSURANCE COMPANY �a........� By: / C RAYMOND K. F19SERTS Anorreym-Fact AUN•A3092 423 �fi-i P.t}S ; :-Cis :• ::•�.•� � V : �•>`+:'"?�ti� .•t`L•u � [;:L =--`�C •J: 2-��"'G'JcM{.E.� : C'�';J�?�G:'21c"-C)O^.�G7C+,r�'}O?"v4�: D-a�ivC{f1'!�/J•iVt/�`1Cl NOT YAL IU FOR BONDS PowrRNUMBER ;%'?.1 � EXECUTED Ors OR AFTER —76 1--2d-95 rt ',�� x 0�12053:-�, This document Is printed on multi -colored security paper with black and red ink, with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the 'CompanY ). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is rWd solely in connection with the exemtion and delivery of the bond noted below and may not be used In conjunction with any other power of attorney. No representations c r w•atnatttles regarding this Power of Attorney may be made - -a by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used In eonnecdori a with any bond issued by the Company must be on this form and no other form shall have force or of ea. ' KNOW ALL AIEN BY THESE PRESENTS, that Amw•est Surety Insurance Company, a Calilbirii ;= }� corporation (the-Com an -), dtxs hereby make, constitute and appoint: it„Yt"0!JU K. lZ�(3l}RTS -, r, AS AN EMPLOYEE OF AMWEST SURETY INSURANCE CCt�PAI%Y f its true and lan-ful Attomey-in-Fact, with Iimited power and authority for and on behalf of the Company as sumti;� Jo execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,--:, recpgnizances or other written obligations in the nature thereof as follows: V did bonds up to $--1,000,000.00 -_ Contract (Performance S Payment), CCurt, SuEaivision 4-45,000,000A License s Permit Bonds up to S**1,000,000.00 Y" Miscellaneous Bonds up to $T;1,000,C00.00 Strap Business Administration Guaranteed Bonds up to $*Y1,250,000.Q r z - and to bind the Company thereby. This appointment is trade under and by authority of the By -Laws of the Company, m-hich are now in full force and effect. CERTIFICATE �• J- y 1. the undersigned secretary of Am«•est Surety Insurance Company, a California corporation, i } DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked { {; and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant i provisions of the By -Laws of the Company, are now in full force and effect. r. NOTARY ACKNOWLEDGMENT State of CA Cou,,ly Of ORANGE On May 17, 1994 1 before me, CAROL L. WEAVER (here insert name) Notary Public, personally appeared RAYMOND K. ROBERTS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they execute] the same in his/her/their authorized capacity(es), and that by his/her/their signature(s) on the instrument the person(s), or the enti •upoij�behalf ot-whichAha.parscw(s)lled, executed the instrument. /' :', �'• r,1 � • rf1WITNESS ai sal seat C Signature. Seal :'� �` C:r� . c-,�:as •".�„ 3, ., ,3 CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAL(S) CORPORATE OFFICER(S) 0 ® 0 0 PARTNER(S) GUARDIANICONSERVATOR ATTORNEY IN FACT OTH?R TRUSTEE(S) SUBSCRIBING WITNESS NAME OF PERSON(5) OR ENTITY(IES) AMWEST SURETY INSURANCE COMPANY ATTENTION NOTARY: Although the Information requested below is OPTIONAL. It could prevent fraudulent attachment of this Certificate. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN: Document Title or Type: Number of Pages: Document Date: Signer(s) other than named above; d _ UN-A901G (7191) NOTARY ACKNOWLEDGMENT State of CA County of ORANGE On before me, (here insert name) Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me all that helshe/they executed the same in his/her/their authorized capacity(ies), and teat by hisbentheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. :signature (Seal) CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAL(S) a CORPORATE OFFICER(S) U PARTNERS) GUARDIANICONSERVATOR ATTORNEY IN FACT OTHER TRUSTEE(S) a SUBSCRIBING WITNESS NAME OF PERSON(5) OR ENTITY(IES) ATTENTION NOTARY. Although the information requested below Is OPTIONAL, It Could prevent fraudulent attachment of this certificate. THIS CERTIMATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN: Document Title or Type: Number of Pages: Document Date: Signer(s) other than named above; AvN-A9016 (7191) BONDI 5-B BID OR PROPOSAL BOND • PRMIUM-NIL KNOW ALL MEaT BY THESE PRESENTS s That we, UNITED BUILDERS (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and f irmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% } lawful money of the United States of America, for the payment of which well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the REST ROOM NUMBER ON CASH CONTRACT NO. 908 • in accordance with the plane and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void: otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 10TH day of KkY , 19 94 . BDB 600201 WASHINGTON INTERNATIONAL INS URAN COMPANY DAVID L. CULBERTSON ATTORNEY -IN -FACT --I- general WASHINGTON INTIANATICNAL INSURANCE CC14POY P06TI OF ATTORNEY XMW ALL 14EN BY THESt: PRESENTS: That the Vashington International Insurance Corpany,a corporation organized a. existing under the lows of the State of Arizona, and having its principal office in the village of Schaumibur; Illlnots, does hereby constitute and appoint • * KAREN CHANDLER, DAVID L. CULSERTSON, LINDA L. CJLBERTSCN, • ' * CHARLES L. FLAK$, DIANA LASXOWSKI AND LEXIE SHERWOOD - Its true and lawful attorneyW-in-fact to execute, seat and deliver for and on its behalf as surety, any and a' bonds and undertakings. recognizance:, contracts of Indemnity and other writings obligatory in the nature thereof which are or azy be allowed, required, or permittel by taw, statute, rule, regulation, contract or otherwise, or the execution of such instruments) in pursuance of these presents, shall be as binding upon the said Vashingtc International Insurance Company as fully end ar�ply, to sit intents and purposes, as If the sane has been dut executed and acknowledged by Its President a; its principal office. This Power of Attorney shalt be limited in wont to $2,000,000.00 for any single obligation. This Power of Attorney is Issued pursuant to authority granted by the resolutions of the Board of Directors adoptec lurch 22, 1974, July 3, 1930 and October 21, 1936 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 attach the Seal of the Company thereto, bonds, artir undertakings, recoynlzances, contracts of irdernity and othe, writings obligatory In the nature thereof, and to appoint Special Attorneys -In -Fact, who are hereby authorized ti certify to copies of any power-of•attorney issued in pursuant to this section and/or any of the By -taws of thi Company. and to remove. at any time, any such Attorney -in -Fact or Special Attorney- in- fact and revoke the authority given him.w 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Tressurer 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 bond or undertaking bearir+i such facsimile signature or facsimnite seat affixed in the ordinary course of business shaft be valid and bindlni upon the company. IN TESTIMONY VHEREC 'on International Insurance corporate seal tojej ,fit Nuthorixed off er, thi r ••rrrr•� AV TOM IN E! C0 PQRATE Its ; SEAS. Y • Oeei, N ArOK LZO STATE of ILLINCI'ffr '••••.•••'• �` CDMTY OF COCK pany has caused this instrument to be signed and its h day of November, 1992. SCNAL INSLILUCE CWPANY Vice on this 301h day of November, 1992, before me came the individual who executed the preceding instrument, to ;.e personally known, and, being by me duty sworn, said that he is the therein described and authorized officer of Z`i Washington International Insurance Compary; that the seal affixed to said instrument is the Corporate Seal of Ccrpany; IN TEST JKAgy WHEREOF, I have hereunto se; my hand and affixed ary official Seal, the day and year first m. = written. "OFFICIAL SEAL" d MUSTINE 7-ARZTSKY ; isti2arets�f. Notary Pupil: Notary MR. State of Illinois S my Corssmission Emvsirss Octoberlt 1996 My Comm'ssios Ex;',ts 10-7.96 .r-r.,r-rr STATE OF ILLINOIS ) =TY OF COOK ? . 1, the undersigned, Secretary of WASHINOTCM IMI SRHAiSOXAL IMSURAMCE COMPANY, an ARIZONA Corporation, DO mmtx_ss CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in futt force and has not been revoked, _- furthermore that Article fit, Section S of the By -Laws of the Corporation, and the Resolution of the hard Uz Directors, set forth In the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated t1yE L110)TIM11 d of Lewis M. Moeller, Secretary BID Bono KNOW ALL MEN BY THESE PRESENTS, That we, STATES LINK CONSTRUCTION, INC. AMERICAN BONDING COMPANY Tucson, Arizona 85711 BOND NO: 9439802 . as Principal, hereinafter called the Principal, and AMERICAN BONDING COMPANY, of Tucson, Arizona, a corporation duly organized under the laws of the State of Arizona,as Surety, hereinafter called the Surety, arc held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in 1hesum0f THIRTY SEVEN THOUSAND DOLLARS AND NO/100'S************************** Dollars (s 37,000.00** for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for ONE BLOCK BUILDING SHOVE GRADE NOW, THEREFORE, if the Obligeee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failureof the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this LOTH day of MAY . I9 94 (Witness) (Witness) STATES LINK CONSTRUCTION, INC. �. (Principal) (Seat) (Title) AN CA SON 'G O%1PANY By (Scat) JULIA B. IU)CIO. (Attorney -in -Fact) CALIFORNIA ALL-PURPOSE ACKNOWLEDGNIEUT No. sw? State of CALIFpRrUA County of RrwEF{SIEE on before me, 7rFIWA Z- "- NwARY FumlC DATE NAME. TITLE OF OFFICER - E.Q..'JANE DOE. NOTARY PUBLIC personally appeared JUUA B. L=O NAMEISI OF SIGNERS) ® personally known to me - OR - ❑ to be the persons whose nameN isfefe subscribed to the within instrument and ac- knowledged to me that #ie/shelf executed the same in 4+0herA4;4gr authorized capacity, and that by h}s/her4the.i THERESA 1. BOK signatureH on the instrument the person}, `- C01�4ti1.l959255 n K"PUSUG•CAIIFORMA M or the entity upon behalf of which the "1EG°"In co�III�E:�IIa>`t>v-a,9scPerson{� acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Thcugh the data below is not required by taw, it may prove valuat:le to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CI -AIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER T1n.E(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN,CONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: r "iF OF PEtt MS)OR F"TYt1ES) DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT TWO NUMBER OF PAGES 5/10/94 DATE OF DOCUMENT PRINCIPAL SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - $236 Remmet Ave.. P.O. Box 7184 9 Canoga Park. CA 91309-7184 AMERICAN BONDING COMPANY GENERAL POWER OF ATTORNEY Know all men by these Presents, That AMERICAN BONDING COMPANY has matte, Constituted and appointed, and by these present; does make, constitute and appoint JULIA B. LUCIO of RIVERSIDE, CALIFORNIA tits true land ia%vtul attorney -in tact. lot h rind tin M Maine, 9tace, and stead io exe Attu on beh tl 011ha said COMPW y. as surety. bonds, undertati<ns astid 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 TWO MILLION FIVE HUNDRED THOUSAND—($2,500,000) 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 DnCtDrs of the Company on the 15th day of November,1991. 'RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board. the President, an Executive Vice President or a Senior vice President or a Vice President of the Company. be, and that each or any of them is, aulhortied to execute Powers of Attornay Quatifyin9 the atlornsydhdsel named In the glwn Power of Attorney 10 exacuti In behalf of the Corrpany, bonds, undertakings and all contracts of suretyship; and Mal an Assistar I Vice President, a Secretary or an Asmsiant Secretary be, and that each or any of them hereby Is. anhorited to attest the execution of any such Pore of Attorney, and to attac-N Iherato the seal of the Company. FURTHER RESOLVED, that the signalures of such officers and the seal of the Company maybe affixed to any such Parer of Attorney or to any certificate noting thereto by lacsirnlla, and any such Power of Attorney or cartif tale bearing such facsimile signatures o• facsimile seat shall be valid and binding upon the Company when w affixed and In the tuture •rith mspect to env bond, undertekins a contract of auretythip to which It It attacMd' In WAness Whereof, AMERICAN BONDING COMPANY has caused es official seat to be hereunto affixed, and these presents to be signed by one of its V ce Presidents and attested by one of its Assistant Vice Presidents this 4th Day of April, 1994. Atte a J J� williarn•� Kenzie, Assistant Vice President AMERICAN BONDING COMPANY By Saw 1la0 V Edward I Edenfield IV, Vice President STATE OF ARIZONA n_. COUNTY 0= PIMA On I is 4th day of April , 19 94 , before me personally came Edward J. Edenfield IV, to me known, who being by me duly sworn, did depose and say that he is a We President of AMERICAN BONDING COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seat affixed to the said instrument is such corporate seat, that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. OFFICIAL SEAL CHRISTIE 3URify C.HFtISTlENOTARY PUBLIC LEY NOTARY TU LIC NOTARY PUBLIC !icy Commission Expires My Commission Expires March 10. 1925 Varch 10. 1995 CER Ti I, the undersigned, an Assistant Secretary of AMERICAN BONDING COMPANY. an Arizona corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been rwioked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sewed at the city of Tucson, in the State of Arizona Dated the 1 OTH day of �O�fkp SEQ� 'two w' MAY .19 94 Floremo E. Robert. Assistant Secretary TITAN INDEMNITY COMPANY San Antonio, Texas BID BOND KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER That...._............... _............... ... .......... ........ ........................ ................................. ...«_........ _. ..... ..«..«««..._ . _ .: «._«_._.._ ... _. _._ of _.. a g ro s........,Inc. ...................................... .......... .... ___ ._.. ......_......._.«.«......_ .....___..... _._._.._ ......... as Principal, and TITAN INDEMNITY COMPANY, a Texas corporation, as Surety. are held and firmly bound unto CitV40f, _Hunt:ngtOn.„Belch asO56gee,inthe full and just sum oftr�'.3�.._p. c. tr..(:.d16.�. .Q. .. he...:Srea,test amount bid not -to exceed a maximum of tlArt _ thousand($34,000.00 f)ottars. lawful money of the United States, for the payment of which sum, well andtrulyto be made, we bind ourselves. our heirs, executors, administrators. successors and assigns. jointly and severally, firmly by these presents. WHEREAS. the said Principal is herewith submitting its proposal South Beach RestrOOM NO-1 THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time tequired, enter into a format contract and give a goo3 and sufficient bond to secure the perlormaMe of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of theformer. but in no event shall liability hereunder exceed the penal sum hereof. S:oned, sealed and delivered «]!td�I. 1 2., ««1994.� (Date) . r • � �,w � Ire F ................�«_........_.._...«......_.__._._._..._._._.......«._...._........._.__._.«................ (SEAL) irOOz OR TIT N INDEMNNIIITYYCCOMPANY ti r__..r.r,... •... . r� r'• '..................................... Blake A. r, Anorneyin•fact W-00.2 N Titan Indemnity Company 110432 San Antonio, Texas A GENERAL POINTER of ATron y CONTiRA,^,TAMT. NSA BONDAMT: $30,000.00� BONDNo.: 110432 Know a!I men by these Presents, that TITAN INDEMNITY COMPANY has made, constituted and appointed, and by these presents does make, constitute aW appoint Blake A. Pfister its true and lawful Attorney -In -Fact, for it and in Its name, place and stead to execute on behalf of the said Company, as surety, bonds, undertakings, contracts of suretyship, and other documents of a similar character Issued in the course of its business, and to bind the Company thereby, provided that no bond or undertaking or contract of suretyship executed under their authority sha!1 exceed ir: he amount the sum of Five Hundred Thousand and 001100 Dollars ($500,000) This Power of Attorney is granted and is signed and seated by the authority of the following Resolution adopted by the Board of Directors of TITAN INDEMNITY COMPANY on the 151h day of January,1993. RemAved: That Mark E. Watson. Jr.. President, Uark E. Watson. In. secretary. Michael J. Bcdayma. Treasurer. Bob tr Sibley, Execv6ve Moe PreskIWL"Gene W k Vice President of surety Operations. or ar y of Them. shall have the power b sppoirri Attorneys -In -Fact as the business of 04 Corporation may require or lo s4torize any persona lo execute on beheld of fhf Corporation Any bonds, undenakinps, recoyn zar,ces. stip,Aatmoru. p c*s, eonlram. apreemsets. deeds and release and assVewt of iudgmerns, aecxees, mongages and lnstnenenfs in ese nature cf mengages and also ax other instruments and documents which the business of the Corporation may require and b affix @re seed of du Corporation thereto. Resolved Futter: Thal Ow Company seal and the signature of any of a» efoi id ofticrs may be allured by tacsimile to any power of arton»y cerd.`rate of sew given for the e■eci on of any tend. urdedaking, conmad or auretyshia, or other written obligation in the nature thence, such signature and seal when so used being hereby adopted by the Company as the original signature of such otsoer and the original seat of fie Company. To be valid and bins" g upon the Company with the saiie k" and effect as ff>orr➢h mwx ally affixed. In Witness Whereof, TITAN INDEMNITY COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and arested by its Secretary this 15th day of January.1993. Attest: Mark E. Wawa, ill, Secretary The State of Taxes County of Bexar TITAN INDEMNITY COMPANY By: Bob L Sibley, Executive Vice President On this 28th day of May,1993 before me personally came Bob L Sibley, to me known, who being by me duly sworn, dd depose and say that he is the Execo!rve V to President of TITAN INDEMNITY COMPANY, the corporation descibed in and which executed the above instrument, that he knows the seal of the said corps ration; that the seal a'f+xed to the said instrument is such corporate see 3hat it was so atrixedby order of the Board of Directors of said corporation and that he sigred his name thereto by like order. Jill Bumgardner, Notary Public Certiftca'e 1, the undersigned, the Treasurer of TITAN INDEMNITY COMPANY, a Texas Corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Aromey 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 seated in the City of San Antonio, in the State of Texas. Dated the 12 thday of May ,i9 94 Michael J. Way!e, Treasurer (rrC-GPOA 061493) 0 SECTION C PROPOSAL for the RESTROOM NUMBER ONE from CASH CONTRACT No. 908 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees M perform all the work therein described, and to furnish all Iabor, material, equipment and —'dent insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the C1 y of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 180 consecutive calendar days, starting from the da':, of the Notice to Proceed. BFf -.)ER declares that this proposal is based upon careful examination of the work site, plans, s^ Jfications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid op.ning date. If at such time the contract is not awarded, the AGENCY will reject all C-1 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 3iA `bin the amount of S 3SXb which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature onl C- C-Z LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name of Subcontractor and address State License Number CIMS ��e vrCa i, �arbou�- u..t�-4c. Sf-t tr aa,, s, -ack C �'lu►w�c' SPay- P jv�,, ,. G Vv,. . ��.,ds f �,,�sr•�s G.�.-.�s t' N�rt-# -Qom• I q CwLc C-27 T�aso�.a v ge) a"Xt Z a. ►-Aa er- p a Q cf - so" By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 PROJECT BID SCHEDULE RESTROOM NUMBER ONE Item Estimated Item with unit print Unit Price Extended No. Quantity written in words Amount 1. 620 L.F. Temporary C.L.F. Fencing Dollars $ f - 50 s • o 0 930 Cents 2. 1 L.S. Clearing/Grubbing Dollars • o 0 $ S Cents 3. 20 C.Y. Cut Dollars $ .00 35 $ , pz 700 Cents 4. 165 C.Y. Fill Dollars 13 • Oe7 2,145 $ $ Cents 145 C.Y. Import Soil (pure volume) L46. ® Dollars S 20%0oS qo0ceat� 1 L.S. Building Demolition ® Dollars . o0 $ $ 5600 Cents 7. 5,100 S.F. AC and Base Removal ® DoIIars • o fl s�5� s255D Cents C-Is 1 l 7. Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount S. 1,450 S.F. Concrete Removal ® Dollars o p . b o Cents 9. 2,620 S.F. 6' Concrete Paving 0 Dollars 4•s4 l .00 111Lf7 s s Cents 10. 1,669 S.F. 4' Concrete Paving ® Dollars •00 s 4-3 9 s 73o R Cents 11. 127 L.F. 8' Wide Concrete Sand ® Dollars t7v Cents 12. 16 L.F. Mow Strip . Concrete ® Dollars .e O s 3. so s 56 Cents 13. 3,111 S.F. A.C. Paving ® Dollars - c Z s 3-50 $ 10 900 Cents 14. 376 S.F. Interlocking Pavers with Base Concrete 0 Dollars •off $11.Zg ;4240 Cents (- % 91 C 28 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount IS. 220 L.F. 8' Wide Concrete Curb +I ® Dollars S i Z oa S Z 6" Oc7 I i i Cants 16. 50 L.F. 18High Concrete Bench -Do -Oc] 0 Dollars $ 5-0 S 2�SOO i i rents 17. 5 EA. 36' High Block Pilasters � 0 Dollars $ • oo 300 $ • 0't5 )5-00 Cents ' 18. 15 L.F. Concrete Block Shower Wall (42' high) C� Dollars $ i 00 S 16-00 Cents i 19. 5 EA. Concrete Block Pilasters wl Plumbing for shower , OCR . 00 S 5700 s 25� Q;? Dollars i rents 20. 111 L.F. 36' High P.V.C. Railing Dollars $ •oa 25 $ Z 77.! f 21. 1 EA. Drinking Fountain with Sump. I Dollars S Sion $ i rents C-3s Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 22. 3 EA. Trash receptacle/holder ® Dollars a oa $ qCO ao Cents 23. S EA. Bike Rack Dollars •oo S 3C)o - o o S [St)D rrnts 24. 1 L.S. Restroom Building l oa Dollars S $ Cents Z q L corn' p 8 25. 1 L.S. Site Electrical and Electrical Service RSod ® Dollars S $ rrnts 26. 1 L.S. Building Electrical Dollars i •aa s 1�000 $ r-ats 27. 7 EA. Remove, Store and Replant Palms Dollars ,ao s txo • OiD s 7o0 O 28. 521 S.F. Turf - Sod o� Op Dollars $ Vents j 3 4 Li G4s Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 29. 277 S.F. Groundcover Dollars $ Oa Z' s • 559- b4 Cents 30. 1,757 S.F. Fine Grade Dollars S 1. o $ •Ob R5 7 .,. rents 31. 1,757 S.F. Soil Amendments 00 •CZ ® Dollars $ 1 $ 117 - r-nts 32. 1,757 S.F. Irrigation System -00 7500 ® Dollars S $ rPnts 33. 1 EA. Automatic Controller .Oa 7600 Dollars $ s rents 34. 1,757 S.F. 90-day lAndscspe Nfaintenaace ® Dollars $ $ 600 Cents 35. 432 EA. One gallon shrubs .oO 3.00 00 ® Dollars s $ 1 Zq6` ---Cents C-5s TOTAL AMOUNT BID IN FIGURES: $ 3 6$ 5 3 7` TOTAL AMOUNT BID IN WORDS: T k►-ec.�u.�o�,+�eo� 5 iX i+-a.�,a,.,,� C-bs NONCOLLUSION AM DAVIT TO BE EXECUTED BY BIDDER AND SUBI4II'I'TED NVMI BID State of California ss. County of Orange being fi1J.9'Weretj duly sworn, deposes and says that he or We is .., ��&5IoF� _ of_,�ANDA9_o Ve Party making the foregoing bid that the bid is not made in the interest of, or on the of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Gam• a� �. �,. �'N C. Name of Bidder l�4'va `ti�Ca�= igna re of Bidder � •�S t4iV}vP Address of Bidder Subscribed and sworn to before me this . / 7 day of 1'1,41)� , 192! . NOTARY SAM PROODIAN NOTARY SEAL S =AC-Q FB MIAW C,,]o]2kS5 �3t8 LnELMY Commission UI' LY Y AGREEA ENT HONORABLE MAYOR AND CITY COUNCIL CITY OF I1UN TV;GTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as RESTROONi NUMBER ONE, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. Tlie undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 5 - /7- Q 4 ontractor fk : MA. Va"d-& y ie C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No v If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Contractor 1 hit I ' Ma a,,-,� y ie C-7 11 1134O 41. 1 0 +9C % - I I1 BIDDER certifies that the following informat ion is true and correct: S-ra-'.JAJ st -aC tZ.," Q. 1 kL c rsiaaer Name 2 51 R 1 business Aaaress - �wt'-a- ells Z6s3 7111, 031- OZ4- 7 Telephone Number =# 35263 - State Contractor's License No. an ass 1996 'Onginal Date Issued Tv VLQ- The work site was inspected by trfl) J1* of our office on S " t 2 , 39Lq The following are persons, firms, and corporations having a principal interest in this proposal: --R4-T 13' J4VAn)D/4j)1 M e6'rx • MO�VCLIVIAA' C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. pan Name 3 �at -e o Bider :M4l 3 MWAn1laPID 4 Printed or Typed Signature Zstgr Roccdae tom•.g1653 ress of Bidder- 7141 d ZT7 . ,.._ Telephone Number Subscribed and sworn to before me this JIL9 day of 19-1-9fl. NOTARY PUBLIC .,,. NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. Name and Address Name and Telephone No. of Project Manager: - Contract Amount Type o1 Work rate Completed' Name and Address Name and Telephone No. of Project Manager: - r ontract Amount Type of Workate Completed 3. Name and Address Name and Telephone No. of Project Manager: ontract Amount Type of WorkDate Completed W] cc: Jim Engle, Deputy Director, Community Services Jack Miller, Construction Manager Geneil Dixon, Labor Compliance Randy Huttenberger, Project Manager File CC-908 "Misc. Corresp." This is to acknowledge receipt and review of Addendum Number One, dated May 5, 1994. It is understood that the revision of new documents shall be included in the bid documents. SI" r d er4 5tr t/c1m. (p . 1 nr,_. Company .;t By Date Z5 c� 1 t�oc�,,d�e_a� L!juy�a- H tf1S, OeA , 1 E L F ca N+ L) vxtn9� Be"y 1 Hai h st 1 1) 1 r'Y ,'�B 11) b6, [`d LS I lI lug AIIiZ hol ;ltliNnH u -S (2a q z (qg 7E7STpoC-) h! A/c) OAIE�- SECTION C PROPOSAL for the RESTROOM NUMBER ONE from CASH CONTRACT No. 908 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 190 consecutive calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all C-1 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. d/ Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10 % of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Dare Received BUder's Signature C-2 PROJECT BID SCHEDULE RESTROOM NUMBER ONE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 1. 620 L.F. Temporary C.L.F. Fencing JA..0 ® — -- - " - -7 Dollars _ Cents s 2•IS s �l333 2. 1 L.S. Clearing/Grubbing ® _5�.,�1 �R L1� Dollar's — Cents 3. 20 C.Y. Cut ® Fl yr— .. Dollars IeP; 7— Cents . 4. 165 C.Y. Fill ® Dollars s. 4.3o n q 5 p s i H l n f Cents 5. 145 C.Y. Import Soil (pure volume) Dollars ell Cents 6. 1 L.S. Building Demolition a faU !L "St10U SA&'h Dollar A , t700 • s Qr,OCd .^` Cents 7. 5,100 S.F. AC and Base Removal ® d Dollars f,12 fIvr cents5.— C-ls n 0 Item Estimated Item with unit prier Unit Price Extended No. Quantity written in words' .. Amount 8. 1,450 S.F. Concrete Removal ® 0 Dollars s 6.15 s %/6 g-4. sv SF v� ►s S Y Fty CCents 9. 2,620 S.F. 6" Concrete Paving o u /'� ® -- Dollars ^ . -7 $�t s S u t4ly Cents 10. 1,669 S.F. V Concrete Paving 0 Dollars ld 50 11. 127 L.F. V Wide Concrcie Band ® 'iE IJ Dollars �� s /0,5o So s 1�335� FrF� ., Cents 12. 16 L.F. Mow Strip - Concrete ® f1i RAJ& Dollars s • LFo a s 1.5d �'nult.,7y Cents 13. 3,111 S.F. A.C. Paving Dollars -1 s 4 .7,-r 03221 u1 WCA 7Y 1✓1 VCCenta 14. 376 S.F. Interlocking Pavers with Base Concrete ® F 1 FiFI~ _ Dollars $ _ .( Coats C-2s Item Estimated item with unit price Unit Price Extended No.. Quantity written in words Amount. 15. 220 L.F. Be Wide Concrete Curb ® F[EVEAl Dollars S I r $ 21 If ZO Vents I6. 50 L.F. I8' High Concrete Bench 0 wa NuoulRZ A Dollars $ 0 rent 17. 5 EA. 36' High Block Pilasters ® %k E 04A) 91�t"� Dollars s 340 $ 11 St 4 f M� 18. I5 L.F. Concrete Block Shower Wall (42' high) c3,�rFf���f1D1� l'�TiJr:1�VDollars $ l�s ' S 11975 Cents 19. 5 EA. Concrete Block Pilasters wl Plumbing for shower f-1 ) FD {III�`� y� �n_ ;� s 2 / ?C1d ®,p�trR Dollars C� Cents 20. 111 L.F. 360 High P.V.C. Railing ® �r tNy 02 0 DnFD F-I MVDollam S 15,0 A $ I bj �5d cats 21. 1 EA. Drinking Fountain with Sump. FI<t!TPPjI uuAflltt-flats $ - OMES C-3s Item Estimated Item with unit price Unit Price Extended No. Quantity written in worda Amount 22. 3 EA. Trash receptacle/bolder I2x�'� DoIPs Aj $�` l $ ! 23. 5 EA. Bike Rick ®_ P I OF fly P) Dollars $ $ rla D rts 24. 1 L.S. Restroom Building "c= t)u d7z D C -E1y e -_ Ttly u S 4 L21) , Dollars $ S cents 25. 1 L.S. Site Electrical and Electrical Service $ f p0 $ - . d rents 26. 1 L.S. Building Electrical ®- Zhd yj'�Nprs S 5 ibU� S Cents 27. 7 EA. Remove. Store and Replant palms rM� 28. 521 S.F. Turf - Sod 5 0 Dollars S d• Q t/ $ Yents J C-4s j A& OW Item Estimated Item with gait price Unit Price Extended No. Quantity written in words Amount 29. 277 S.F. Groundcover Dollars s s 2 �• meats 30. 1,757 S.F. Fine Grade --� 0 -- Dollars s s Li'3 9 ZwF�LVFrvc" Cents 31. 1,757 S.F. Soil Amendments a ° Dollars $ O + SD S i, 405 �d ir-wil Y rents 32. 1,757 S.F. Irrijation System �— -Dollars S A s y S O re..0 33. 1 EA. Automatic Controller E141471 Dollars S $'S� s ��J�c6ri O cents 34. 1,757 S.F. 90-ay Landscape Maintenance ®. Dollars s D, #0 �o a Aj'-Y Cats 35. 432 EA. One gallon shrubs Dollars s 379 F 1 f Z r cents C-5s TOTAL AMOUNT BID IN FIGURES: $ y 3�%�� 35 , 1 , TOTAL AMOUNT BID IN WORDS: rl-4/L5E c1 urJb -b Fe al-7Y• -rl4AEtF C-6s NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBAIM7ED WITH BID State of California ss. r County of Orange ptim BAWL) _ , being first duly sworn, deposes and says that he or she is OWAIER of 1DLAL)b &-d—s-MUCTIC&L the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or steam; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the p61ic body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. CVM5rRU(-170j C D. ,ggos Pre.5MIJ& wl -,"0102 PLAYA a f f- ACY, (A 9oa-?3 KUM of RIUC—r Subscribed and sworn to before me this _1I day of , � , 19 4 y. NOTARY GLOW, oro Pib1C � ��i� LOS AMan COLD NOTARY SEAL I LIST OF SUBCONTRACTORS In a=rdance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Rork Name of Sub conrraaar and Address :<i ; . : < Srate Lfce to f ' :: Nwnber.:: f . Czars MA504# MUtCEA- M45vrJ9Y CFN W'WX'd& G2C-C PWH&V & 6 A llfd Ptu LA EtELT�KAL A L6- C��✓�F L ; w .t VIVA PAdI9 . vlAll A L. A c../AJ 4 fl- -P?A Y P By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C3 UT LrrY AGREEMENT 110"NORABLE MAYOR AND CITY COUNCEL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as RESTROOM NUMBER ONE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, 1sJWW11.ar with the operation to be per and the hazards Involved. The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requutmerits, Public Utility Commission orders,- . and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. ntractor AH61L �rA5521 y AL - Mile Date: C-S I 0 DISQUALIFICATION QUF.S17ONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUFSTiON'NAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of lave or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTMCATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works con=ct has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. M��t-nr►t> cofJSiRuCS�o� �. Contractor AMu,- �J0.55i1-� y iiue Dax: 510111 C-7 r. UNDERGROUND SERVICE ALERT IDENTIF1CATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1.-800-422-4133 a minimum of two working days before scheduled excavation. i;�cation Number. br 0brM1-JQ> (AP60 Dig Alert Ident )i►flctuJD tPJSTPZ�6110tj to .: . Contractor AMER, ,JA.SSAr Y—Q& Y NV owtil FIL >< e i Dat,: 5I l W Note: Mform is requiredfor every Dig Akre Iden4ftadon Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY Won request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 01DU,0D C&ISWLAC IOO CO. PERS 0,6 W, Su l TE 10 FL-AYA 'bCt_ AEY, CA f\OM3 �310� 823-31$1 Telephone Number b aLS 353 CAA SS S State n=tor s 14wense No. an JAuuA&Y 94 Ofigual Date Issued Expiration Date The work site was inspected by AMM AI�2I of our office on S 13 , 19 a. The following are persons, fums, and corporations having a principal interest in this proposal: AM E2 %fA SS /21 y C•9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. £405 ftt-skW& 3)Q .410'1, tul rDE t Afy, CA 94 q3 X=I of Bidder . '22 - 3 \9 i Telephone Number Subscribed and sworn to before me this _� day of COW'6 -� if 89U46 •r w fvOtarj/ PlbtlC — Capfxlia NZ. LOS ANGr S C0L" ! iOfTiftl. Exr*o3 OCi Z9. 1994 NOTARY PUBLIC— NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1, c t-Ty 4-_SE-iLrWWV � Jgoo c1yIc cqQ .bt • $FcZLar CA 9070� Name and Address Name and Telephone No. of Project Manager i Ic iA Pt Eke r.__( 310Bow $276,ex ADNIT0J tI I-00f . of JMM5 cartrtuMITY crA- 311Y 2. G -A - GW7Y fflcF of 64CAzi 340 fR! WY MJATY 4 cry 0242 Name and Address Name and Telephone No. of Project Manager. 'Pe6a' ZbOOSCV1 3/0 �03 -8 z 23 Lt U y r Saa 2 cooUc. 4 IA16alicoD mx1rY DAY cTil • / 93 Contract Amount Type of Wdrkate coMpeRR 3. eIT Y c* eoJG, BFAZA L 3 33 w - oc CAJ AVr � [e •J & $ekj4 CA 90,762 . Name and Address Name and Telephone No. of Project Manager. Bum �clLL r 3/O-1 595-9360 13 6WO ADDlfl6d Of EL W" AA)L PAWL C61164 ��93 'Contract Amount -"Type of ate mp c;0 C-10 t- +� C) fi MIDLAND CONSTRUCTION CO. 8405 Pershing Dr., Suite 102 Playa Del Rey, CA 90293 Tel (310) 823-3181 • Fax (310) 823-4468 6 ontS7'ALkcT1o,\J 6F ZE5T&6P.4. $J I i C"�TX � t�VINfIN1Gi2��J 13FAG}-� B,D DATE s/1719LI f.M i t{ 6$ ,J Q� i it IN • jf �� � `kt3�C � L1 ���i1HitH �Ur�1D�s�C�—���c—� s�w� ck cAu��� �- b oL3u3 SECTION C PROPOSAL for the RESTROOM NUMBER ONE from CASH CONTRACT No. 908 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 180 consecutive calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all C-1 PROJECT BID SCHEDULE RESTROOM N MMER ONE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 1. 620 L.F. Temporary C.L.F. Fencing a ____ QDollars • F 'M "F22,2- Cents 2. 1 L.S. Cleaning/Grubbing �"j1 ;'T +�s►'� Fta►A1� F61 Dollars Cents 3. 20 C.Y. Cut ® Dollars Cents 4. 165 C.Y. Fill Dollars CCAts 5. 145 C.Y. Import Soil (pure Vol e) Cya- 6 ollars ® D s� cWts -f—�- 6. 1 L.S. Building Demolition �4 � Dollars $o9.a5 ' F�V Cents 7. 5,100 S.F. AC and Base Removal Dollars S Cents C-1 s m Estimated Item with unit price Unit Price Extended . rNo Quantity : written in words Amoi nt. 1,450 S.F. Concrete Removal ® h iy� Dollars Cents r 9. 2,620 S.F. 6' Concrete Paving: ® Dollars - s�*33 s 11,-A- � � Cents 10. 1.669 S.F. 4' Concrete Paving 0 Dollars s 3. as s5,3'16.0� Cents 11. 127 L.F. 8' Wide Concrete Band Dollars 3rT Cents �— 12. 16 L.F. Mow Strip - Concrete ® ._ Dollars S� Cents ---� 13. 3,111 S.F. A.C. Paving —�1 � ; n Dollars 1 Cents 1 � 14. 376 S.F. Interlocking Pavers with Base Concrete ® � Dollars s ID,In s Fey s���ni cars C-2s Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 15. 220 L.F. 8' Wide Concrete Curb ® Dollars $b . 1 a $�are nts 16. 50 L.F. 18' High Concrete Bench Dollars $43 . oS $ a 1,23 eats 17. 5 EA. 36' High Block Pilasters 0���' ��'� OJ Dollars ` 531D • D S j $ \4 S xents 18. I5 L.F. Concrete Block Shower Wall (42' high) ®F ' ' `� Dollars $ qMD *� r� s � . JV -TOO-Cents 19. 5 EA. Concrete Block Pilasters wl Plumbing for shower s<�3- 15, sqOU5,9 � oilars rents 20. 111 L.F. 36" High P.V.C. Railing ® �) Dollars $ �� 5�,• S1 Cents 21. 1 EA. Drinking Fountain with Sump. ?7.���' saw. = a �a5-cb , Oul1 t7 t;�Cents C-3S item Estimated Item with unit price Unit Price Extended No. Quantity written in words . Amount 22. 3 EA. Trash r=eptaclelholder TYIDDollars $p.rj $ La 1 1 •�� Cents 23. 5 EA. Bike Rack (M DM Mmt�Ia=,Dollars $ � 1 r1 . ob Q $ u • � nts 24. 1 L.S. Restroom Building rpats 25. 1 L.S. Site Electrical and Electrical Service t �Tc`i11ouS Dollars Raqm S 1, nts 26. I L.S. Building Electrical �Dollars� $ C1Gl�l is 27. 7 EA. Remove, Store and Replant Palms ®-EW t j F� t' Do n $ 3J t . tJ��- ats 28. 521 S.F. Turf - Sod ® ~—� Dollars � S f� V. `"n 1 ri S UOS'•G A Cents C-4s Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 29. 277 S.F. Groundcover Dollars $ Q ,V1 Q (� j $ -1'1 • �� nts 30. 1,757 S.F. Fine Grade ® Dollars $ 0 �� S ` nts 31. 1,757 S.F. Soil Amendments ® Dollars $ Do . $ I LIED) CAM nts 32. 1,757 S.F. Irrigation System {� ® Dollars $ $1�1�'�� -Cents 33. 1 EA. Automatic Controller 1�1CC�S�X 11' Dollars3G a nts 34. 1,757 S.F. 90-day Landscape Maintenance Dollars ?�Tj $ �• ✓ i S 5 nts 35. 432 EA. One gallon shrubs 1l Dollars $ �. $a Vents r C-5s TOTAL AMOUNT BID IN FIGURES: $ .351t) Sao% TOTAL AMOUNT BID IN WORDS: mk�� VUV,)w Z; � TN�vs4� F��S \�ut3QtiGO GiGI-c1' S� C-6s bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check% or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: .Addenda No. Date Received Bidder's Signature . . May 7,1994 C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Rork Name of Subcontractor and .address State License' Number. Class Plumbing Q a,rC, Q `4�A(�3�C %i}c 3 �'L'�' ON C,,- Electric P $VA C— 0 Stucco pWA4 Wrtcv Masonry Luc .A, �,. C gs Mel Landsca . Ls Nrj& QC1 i- &8 7Z- CZ-Z Roofing •„t Painting -) �a,,, - - r INP Foundati ns hk� Svd Demolition "A_ Excavatirig Asphalt we,vov\n� Concrete ' N h J JVA ` � 1 JAIJ eMeAi iv IC_ l Sec 1Y ew %31$ I Y By submission of this proposal, the Bidder certifies; 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 U Blr S V► e' thA C LaHE NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMPI'TED WITH BID State of California ss. County of Orange Louis T. Gabriel Jr. , being first duly sworn, deposes and says that he or she is Vice President of Louis T. Gabriel Conft.party making the foregoing bid that the bid is not made in the interest of, or or. the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or steam bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that th.e bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Louis T. Gabriel Construction Inc. ame of Bidder 32152 Links Pointe, Laguna Niguel, CA 92677 Address of Bidder Subscribed and sworn to before me this 17�day of , 19 ` q . NOTARY PUBLI :—,,,, r cv. NOTARY SEAL RENEE L VIVELY ORANGE COUNTY MN Comm. Explfw SEP 22.1 M ULITY AGREE AM HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BF-ACI19 CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as RESTROOM NUMBER ONE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the ha; ards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: May 17,1994 Louis T. Gabriel Construction Inc. Contractor y Y Vice President ie C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIOINMIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No xx If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-b COINOE \TSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: May 17,1994 Louis T. Gabriel Construction Inc. onimmor Y Vice President Title C-7 UNDERGROUND SERAUCE ALERT IDENTIFICATION N ZIEBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 421614217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422AI33 a minimum of two working days before scheduled excavation. Dig Alert Ident(rication Number. Date: May 17,1994 Louis T. Gabriel Construction Inc. ontractor Y Vice President Title Note: This form is required for every Dig Alert Identication Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Louis T, Gabriel Construction Inc. Bidder Rame 32152 Links Pointe, Laguna Niguel, CA 92677 Business Address 714 ) 496-7366 Telephone Number 401470 B-1 State Contractor's License No. and Class March 17,1981 Original ate Issued June 1995 Expiration Date Tre work site was inspected by Lou Gabriel of our office on May 10 0 19 94 The following are persons, firms, and corporations having a principal interest in this proposal: Louis T. Gabriel Jr. Thomas Gabriel C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Louis T. Gabriel Construction Inc. t�- Louis T. Gabriel Jr. rnntea or -i ypea bignature / 32152 Links Pointe, Laguna Niguel, CA 92677 Address of Bidder �-_- RENEELSHNEIY 714 496-7366 .� ..• t- • COMM. * 940724 -- - - •71, (votary PUMC — Carfoff is Telephone Number ORANGE COUNTY My Comm. Exphes SEP 22.1 M Subscribed and sworn to before me this I7 day of , 19 � `�'. r NOTARY NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Brea No. One Civic Ctr Circle, Area, CA 92621 Name and Address Name and Telephone No. of Project Manager: Ron Ki shpaugh 711 990-7765 265,000.00 Civic Center Renovation Sept 1993 Contract Amount Type of Workate omp et 2. City of Laguna Niguel 27781 La Paz Rd. T,aguna Niguel, CA 92677 Name and Address Name and Telephone No. of Project Manager: Terry Lutz 714 362-4360 95,000.00 New Park Restrooms Dec 1993 Contract Amount Type of Workate Comp et 3. Orange Unified School Dist 1401 N. Handy, Orange, CA 92666 Name and Address Name and Telephone No. of Project Manager:_ Duain Raney r 711 997-6320 665,000.00 Inter/Exter Renovation of Dist. Dec 1992 Contract Amount Type of WerkO f f i c e s Date Completed C-10 0 LOUIS T. GABRIEL WNSTRMTM 32152 LinkS Pointe Laguna Niguel, CA 92677 License #W1470 A 4 . Z.—) 1 I ,i s{ f HUNTINGTON DLACii, LAUi.1 157P `14 Nfo O►.r� SECTION C PROPOSAL for the RESTROOM NUMBER ONE from CASH CONTRACT No. 908 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer ' of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 180 consecutive calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, ' specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all C-1 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. PIN If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Cam, Accompanying this proposal of bid, find Bidder's Bond in the amount of $ which said amount is not less than 10 % of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). 0- 01 Bidder shall signify receipt of all Addenda here if any: g Y P � Addenda No. Date Received Bidder' e 1 5/5/94 C-2 PROJECT BID SCHEDULE RESTROOM NUMBER ONE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 1. 620 L.F. i Temporary C.L.F. Fenccyg Dollars $ /,3 5 s ?�37 Cents 2. 1 L.S. Clearing/Grubbing j` r Dollar�s� s B(ao s 23too •ea Cents 3. 20 C.Y. Cuter ' 0 t 06 A406J t✓ Dollars $ o'1`1��o $ Cents 4. 165 C.Y. Fill ® (--dvrDollars Cents S. 145 C.Y. Imp�o/rt Soil (pure volume) Dollars Cents 6. 1 L.S. Building Demolition � r C��rc��.�� G-"",>(K� ��nV►� Dollars ` $3a $ Cents 7. 5,100 S.F. AC and Removal Base ® f1� -6t, lh p1� 54.E �l k Dollars O6O de) s� � r s3 Cents C-is 0= 00= 011-y Item No. Estimated Quantity Item with unit price. written in words Unit Price Extended Amount 8. 1,450 S.F. Concrete Removal Dollars Cents s 1711 9. 2,620 S.F. 6" Concrete Paving a , �,f fky/�_44 SL foG� Dollars Tu)4 Cents �o 17, 2d 10. 1,669 S.F. 4" Concrete Paving _ J� ��„� f Li.YJ ® �?iur �`vvs"'"a✓rr� f�t'"�" Dollars ' -[-(-Cents 11. 127 L.F. 8" Wide Concrete Band ���C l�LO✓S �� Dollars Cents 12. 16 L.F. Mow Strip -Concrete ® QrVG �'�" `�' �e�' % wG Dollars Cents 13. 3,111 S.F. A.C. Paving f �ve4aG j � yy,e4 ollarsa Cents $ /,73 s 1539-2-63 14. 376 S.F. Interlocking Pavers with Base Concrete r Dollars ` t�6 cr Cents $ �b'vZ L�3 eo;Z $ C-2S _qR I� Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 15. 220 L.F. 8" Wide Concrete Curb U ® Iwo 140r1i A sll( Dollars $ 1 ;L - "0 $ if M9 rents 16. 50 L.F. 18" High Concrete Bench CjW7 1 �d 771 7 ��� ® Dollars $ $ Vents 17. 5 EA. 36" High Block Pilasters ® Dollars $ a3d $ t �� rents 18. 15 L.F. Concrete Block Shower Wall (42" high) �. �� Dollars $ $ rents 19. 5 EA. Concrete Block Pilasters w/ Plumbing for shower $ 3 35 $ 1675 a Dollars 20. 111 L.F. 36" High P.V.C. Railing ® Dollars s 76- s 781 �, 46 rents 21. 1 EA. Drinking Fountain with Sump. 3 02-` 3 02 1, 00 ® Dollars s $ Cents C-3s Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 22. 3 EA. Trash receptacle/holder ® Dollars $ Y6a $ �'y1i .06 Vents 23. 5 EA. Bike Rack ® Dollars $ 1 6 5 $ Cents 24. 1 L.S. Restroom Building ® Dollars $ �� y(�! $ rents 25. 1 L.S. Site Electrical and Electrical Service ® Dollars hh $ $ (l 1�•� rents 26. 1 L.S. Building Electrical ® Dollars $ Cl( 45"to $ q 57D Vents 27. 7 EA. Remove, Store and Replant Palms ® Dollars $ $ g qn Cents 28. 521 S.F. Turf - Sod ® Dollars $ $ �� f Vents C-4s Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 29. 277 S.F. Groundcover ® Dollars $ 0,70 $ I !p 3 - fd Vents 30. 1,757 S.F. Fine Grade ® Dollars $ �3 u $ 1161 Cents 31. 1,757 S.F. Soil Amendments + g / t ® Dollars $ $ Cents 32. 1,757 S.F. Irrigation System / 6 J r �!$ 6 ® Dollars $ $ Cents 33. 1 EA. Automatic Controller (g� Dollars $ S 7 7 $ Q, 7 3� Cents 34. 1,757 S.F. 90-day Landscape Maintenance ® Dollars $ , 3 $ Cents 35. 432 EA. One gallon shrubs �` d �Z ® Dollars $ $ Cents C-5s !a eF i MEN r TOTAL AMOUNT BID IN FIGURES: S 3 f C 3 y'b� �Z5 TOTAL AMOUNT BID IN WORDS: 73rcc lladr 1 F fk cm 7ZQv,.a �irc.�, t� ►ire h+nc� £� C-6s Pd LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and _ business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the �- portion of the work to be done by such subcontractor. ]IF ir AF MEN Ponlon of Rork Name of Subcontractor. and ,address , .. -.. : ..Slate License'- Number... C_ lars A. r4a• Ne ui M e n ez 190 301 � ►�, 4 �� n� qa'? z LZV15 41 PAS t<Y Pac Fiz.&M,Wi Dew lun e styl 01 M.4s qV1f SS f1�6t ILC� C1� Slyri'G I C S� - Z Tr t� ff I (3,� r,i o 97 15 7 awr;,_, -'�h do w-/ Ff 7 ra 630 7 7 5' P1V(A L1,4 G&�de-n C-bw- u ut n cs"f' mt, Fcn, W J^v 3 3 6 l Zd By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 M NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BmDER AND SUBMIT D WITH BID State of California ss. County of Orange JIMOTiL M. ROHM - - , being first duly sworn, deposes and says that he or she is OM— L*S CONSTRUCTION, INC. the ply making the foregoing bid that the bid is not made in the interest of, or or. the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not di:-ectly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any amner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interest:d in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitt�d his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will nct pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ROHM CONSTRUCTION, INC. Me of B.Rder tg curt qf Bidder 22343 E. LA PALrlA AVE., SUITE #114 XORBA L110A, CA 92687-7247 A Tess of Bidder Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 5/13/94 before me, BEATA A. ARGUELLO, NOTARY PUBLIP personally appeared TIMOTHY M. ROM xx personally known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(es), and that by his/her/their sign,7ture(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. BEATA A. ARGUELLO , 1 COMM. #99150D can m NOTARY PUP-M • CALirORM T. G+PiaVGE COL*M },ty Calm. Epbes APR. K 107 WITNESS. my hand and official seal. 2� A &6�zr� Signature of NqKary OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER: Though statute does not require the Notary to fill In the data below, doing so may prove Invaluable to persons relying on the document INDIVIDUAL va CORPORATE OFFICER(S) PRESIDENT Titles - - PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) - GUARDIANICONS ERVATOR OTHER SIGNER IS REPRESENTING: (name of person(s) or entity) ROM CONSTRUCTION INC. THIS CERTIFICATE MUST BE ATTACHED TO THE FOLLOWING DOCUMENT: TITLE OF TYPE OF DOCUMENT: NONCOLLUSION AFFIDAVIT NUMBER OF PAGES: 01 DATE OF DOCUMENT:5/13/94 SIGNER(S) OTHER THAN NAMED ABOVE: CO - 7(a) it UTILITY AGREEMENT 0 HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby Promises and agrees that in the Performance of the work specified in the contract, known as RESTROOhi NUMBER ONE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: " t Qualified Person: A person who, by reason of e.rperienre or instruction, is familiar with the operation to be performed and the hazards imblved. The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. VMS i• The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 5/17/94 Rohm Construction Contractor -�-- x Y President We C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 Il . COMPENSATION INSURANCE CERTMCA.TE Pursuant to Section 1861 of the State Labor Code each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every femployer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such I provisions before commencing the performance of the work of this contract. Rohm Construction I Contractor i --77 y President Title ■ ` i Date: 5/17/94 r h $ BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Rohm Construction, Ina. bidder Name 22343 E. La Palma Ave., Suite 114 business Address Yorba Linda, CA 92687 t _7.14) 692-8096 Telephone Number 608821 B & C-10 State ontractor S license No. anClass 1/7/91 Original ate issued 1 /31 /95 Expiration- Date Li L Th_ work site was inspected by Jose Rosales of our office on MaY 9 , 1994 . The following are persons, firms, and corporations having a principal interest in this proposal: 1 , Timothy M. Rohm C-9 ILL The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 22343 E. La Palma Ave., Suite 114 Address of Bidder Yorba Linda, CA 92687 714 fig?. -BOW;. - - - Telephone Number Subscribed and sworn to before me this - day of - , 19 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 Pomona Unified School District, 800 S. Garey Ave.,_Pomona, CA 91766 Name and Address Name and Telephone No. of Project Manager:Chris Butler 009 ) 397-4945 705,000 Renovaticn/Kell Elem. School 9/15/93 Contract Amount Type of Workate Completed 2. CoLnty of orange, 14 Civic Center Plaza, Santa Ana► CA 92701 Name and Address Name and Telephone No. of Project Manager:, Maurine Rakhshani(71470-7943 477,452 120' Tower Support & rmip. Bl 4 15 94 Contract Amount Type of Workate Completed 3. Coachella Valley Water Dist., P.O. Box 1058, Coachella, CA 92236 Name and Address Name and Telephone No. of Project Manager: Paul Cockrell 619 398-2651 817,060 Service Station & lticroaave Facility- 5 94 nntrnrt Amnnnt Tvre of WorE-Date COMDIRR C-10 -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 5/13/94 before me, BEATA A. ARGUELLO, NOTARY PUBLIC personally appeared TIMOTHY M. Rout XXK personally known tome OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. BEATA A. ARGUELLO w Comm. m15oo Q w NOTARY PUKX . CALIFOR 1 M ORANGE COUNTY My Contra. E)Vres lPR,14. i997 WITH ESS_my hand and official seal. ignature of Nota OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER: Though statute does not require the Notary to fill in the data below, doing so may prove Invaluable to persons relying on the document. INDIVIDUAL xxx CORPORATE OFFICER(S) PRESIDUg Titles PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: (name of person(s) or entity) Rout CONSTRUCTION IXC. THIS CERTIFICATE MUST BE ATTACHED TO THE FOLLOWING DOCUMENT: TITLE OF TYPE OF DOCUMENT: BID FORK NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER(S) OTHER THAN NAMED ABOVE: CD - 7(a) CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 Louis F. Sandoval Director ADDENDUM NUMBER ONE South Beach Restroom Number One CC-90S May 5, 1994 Notice to All Bidders: CALIFORNIA 92648 Public Works Department (714) 536-5431 The First Addendum is hereby issued to clarify the following items and/or discrepancies: Re: Bid Opening`, The bid opening date has been changed to May 17, 1994 at 2:00 PM Re: Federal Funding Requirements: Contractor shall include in the bid proposal all costs and requirements associated with fulfilling the Federal Funding as specified within the enclosed attachments. Attachment A, B, C, and D are hereby made part of the contract documents. Re: Include in the bid package the funding source and number; State of California Department of Parks and Recreation LAND AND tiVATER CONSERVATION FUND PROGRAM PROJECT NO. 06-01343 Re: Pre -Bid Job Walk: There ,tk1II NOT be a pre -bid job walk on this project, however, all bidders are encouraged to visit the job site prior to submitting a bid proposal. Very truly yours, Robert E. Eichblatt, P.E. City Engineer REE:RH:rh 4 Attachments cc: Jim Engle, Deputy Director, Community Services Jack N iller, Construction Manager Geneil Dixon, Labor Compliance Randy Huttenberger, project Manager File CC-908 "Misc. Corresp." This is to acknowledge receipt and re%iew of Addendum Number One, dated ?,.lay 5, 1994. It is understood that the revision of new documents shall be included in the bid documents. Rohm Construction, Inc. Company By 5/17/94 Date ROHM CONSTRUCTION, INC. 22343 E. La Palma Ave. Suite 114 YORBA LINDA, CA 92687 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Project #06-01343 South Beach Restroom Number One CC-908 - Land & Water Conserv. Fund May 17, 1994 2:00 p.m. V�l3l� Ll►J 43t,133321 IM PROJECT BID SCHEDULE ,r RESTRO01M NUMBER ONE Item Estimates! Item with unit price Unit Price Extended No. Quantity written in worsts Amount 1. 620 L.F. Temporary C.L.F. Fencing ® -- d fX t Dollars s i.C�4 s o� . 60 Cents 2. 1 L.S. Clearing/Grubbing 0 Sv m "'605i.r-3+ ��� �+w«�re� DolIara s ZDa PO ; � Zp0.O(� � Cents 3. 20 C.Y. Cut 15Ab�Jeern -� }` -- Dollars 3too•00 Cents 4. 165 C.Y. Fill ® Dollars - l $ Cents 5. 145 C.Y. Import Soil (pure volume) ®. �3,AC, Dollars s 9.dr5 s t 3n 5.od No Cents 6. 1 L.S. Building Demolition $ S_ 8 O $ �v Cents 7. 5,100 S.F. AC and Base Removal _ t,o O — - Dollars $ 2.D 2 $ to 31)7-W 01- ._ Cents C-Is Item 'Estimated Item with unit pricy Unit Price Extended No. Quantity written in words Amount 8. 1,450 S.F. Concrete Removal ® OA(- -1 Dollars Cents 9. 2,620 S.F. 6' Concrete Paving —V�Aftc, 0 Dollars S t Cents $ 3•i�(o s �5�'t.Zo 10. 1,669 S.F. 4' Concrete Paving (D --- - ���� - Dollars $oB,LZ C` Cents 11. 127 L.F. 8' Wide Concrete Band Dollars Cents $ 10-bo $ 1311.&0 12. 16 L.F. Mow Strip - Concrete Q MU Ir Dollars S� $ S �l(0•$0 Cents 13. 3,111 S.F. A.C. Paving �{ C 3 - 0 4- 9, ¢5-t.44- ® Dollars ou� S- $ Cents 1 14. 376 S.F. Interlocking Pavers with Base Concrete (� Dollars Iw) — 41Y Cents C-2s N Item Estimated Item with unit price .. ` Unit Price ' ` . � � Extended No. Quantity written in words :': = MMOMi Amount 15. 220 L.F. 8' Wide Concrete Curb 5i �(fec n Dollars $ . I � `bf). $ nts 16. 50 L.F. 18' lligh Concrete Bench $ •po --Cents 17. 5 EA. 36' lligh Pilasters ,Block ® 1 hii� 11x+�ir`.f�-SNfti Dollars $ Z� (.�U $ -Do n(s 18. 15 L.F. Concrete Block Shower Wall (42" high) �1 X Dollars $ $ �DO.OU rents 19. 5 EA. Concrete Block Pilasters w/ Plumbing for shower S Oi3 •LSD $ �� 11 a 00 at)..,-Hi„ (( Dollars .t nts 20. 111 L.F. 36" High P.V.C. Railing Dollars S i0.O(7 $ 0•DD Cents 21. 1 EA. Drinking Fountain with Sump.p V)rA Rr, 4UCI rWI, {i�� Dollars $ �YJ rents C-3s I I I I Item Estimated - Item with "it price'. Unit Price Extended No. Quantity Written in words'.' 'Amount: 22. 3 EA. Trash receptaclelholder '(L -64(tt� — Dollars S — — — Cents 23. 5 EA. Bike Rack a oy%.C- VOA t� tDollars I V Cents 24. 1 L.S. Restroom Building mc, VWVj (137-, IBLOC (07- QA-00 Dollars U $ $ Cents 25. 1 L.S. Site Electrical and Electrical Service tj � - -W 44m ICA, (AMOO tot, �bo. to Doll V $ $ ?:z Cents 26. 1 L.S. Building Electrical tt ollafs $ 1k 1yo-CO $ Q 'Lo -OD NO --.Cents 27. 7 EA. Remove, Store and Replant Palms --:Llfff, , 64Dollars S D flU s C1, --10 28. 521 S.F. Turf - Sod a ---- - - One— Dollars $ &,,2.r.7-0 4Vft� nts C-4s i� I EstimatedItem with unit price Unit price Extended Quantity written in wards Amount F 277 S.F. Groundcover r ®r— —�� Dollars Sf7,SQ- S �dq,5� ents 30. 1,757 S.F. fine Grade .MO PZt __ Dollars $ A Cents 31. 1,757 S.F. Soil Amendments ® No n c- .,. _ Dollars s p , $ 333.63 n+nc�cerl�C.nts 32. 1.757 S.F. Irrigation System (,� s t• G Dollars 3.3 e1 $ S cis lo. 23 n ents .33. 1 EA. Automatic Controller GCS . -A4 •ititG�}�;n�ft�� Dollars rents 34. 1,757 S.F. I 90-day Landscape Maintenance ® .-- �'� Dollars $Q , 3 1 $ 544 j 6-tV .,Onf— rents 35. 432 EA. One gallon shrubs Sl� ® - Dollars $ (,.Qp s 54a.DO D Cents C-Ss t, In ■ a ti n w If If ITOTAL AMOUNT BID IN FIGURES: 1$ 3 (-7 1 Z b. 0 (a I TOTAL AMOUNT BID IN WORDS: -iree-herd<<�, S.r Jenitc',N -t�-oMr d, orb II C-6s 19 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ 1 Oo 01 �4 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please Insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received ` - Bidd r'.r Sigh �'9-q4-- C-2 cc: Jim Engle, Deputy Director, Community Services Jack Muller, Construction Manager Geneil Dixon, Labor Compliance Randy Huttenberger, Project Manager File CC-908 "Misc. Corresp." ?his is to acknowledge receipt and review of Addendum Number One, dated May 5, 1994. It is understood that the revision of new documents shall be included in the bid documents. Fur►n GV)S C)i&-n 1))UY1Q((IN1-rd- Compan�yn /� �/I UI ', /' _ /l By f f clnw.! Vtjy-\ 5- n -qA- Date s•: I I I NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California 41 County of Orange 1j'c1,\0'ck"n ,being first duly sworn, deposes and says that he or she is +[x± of IM+M (�'j&' _bjn Mlopl►t"- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contcnts thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ante of Bidder ignalbre of Bidder Td less of Bidder Subscribed and sworn to before me this day of Ail - NOTARY PUBLI •-., OFFICWL SEAL MKA 8. VANDERPLAS Notary Pub2c•Cd:'cWIa ' 4 `• ORANGE COUtiTf C-d My Cwwrii-neon F)wns APM 18. 1995 NOTARY SEAL ■ V UTILITY AGREE' LENT 19 HONORABLE MAYOR AND CITY COUNCIL CITY OF IIUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned herebypromises and agrees that in the performance of the works irted in p g Pe l� the contract, known as RFSTROOM NUMBER ONE, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved.' The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal•OS11A requirements. I I The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the: undersigned, and [fiat the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date:_ Ri in - Tit e C-5 s DISQUALIFICATION QUESTIONNAIKE In accordance with Government Code Section 14310.5 the Bidder shall complete, under penalty P er Pe Y of perjury, the following questionnaire. QUESTIONNAIRE Ilas the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. 11 11 11 NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the 11 Proposal shall constitute signature of this questionnaire. P C•6 a. - w n iA n COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will Comply with such provisions before commencing the performance of the work of this contract. Date: 5 `,-I -q 4- P4 n Title ra C-7 L1 f BIDDER'S .iNTORAIATION BIDDER certifies that the following information is true and correct: 'fa w\ % r Didder Name Y tt a'A 1 rU n Business Address 4"6 (71T4 C% 9Uq & i Telephone Number 'tale Contractor's License No. anU Class �Original aie Issued 1 11Expiration Date ill IN IN in it l� it The work site was inspected by Sep of our office on Ma 15 _, 19c4 The following are persons, firms, and corporations having a principal interest in this proposal: T! J } fX ry"r+\ c'— C-9 1-0.11. R.. The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. om a7m, -S ignatu�� o i e PliCAI aeI sty n FrintEd or TyTM Signature 2Z1ir1 - S„t i�� E� tNl+fl ti (1� �Zb� OFMAL SEAL Address �' r�i�er EMi EL VANDEMAM Notory PUAC-Carfartla ff QQ 4 =• ORANGE COUNN XL #' My Ccmftssion Excirn - Apd is. 1995 Telephone Number Subscribed and sworn to before me this 17 day of 19l . � -.el NOTARY PUBLIC -,��1-- 01 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Workate Completed 2. Name and Address Name and Telephone No. of Project Manager: Contract Xmount Type of Workate amp et Name and Address Name and Telephone No. of Project Manager: Contract Aniount rypc of WONate Cornplet C-10 .!I 4 19 .11 A Li A A 4 SECTION C PROPOSAL for the RESTROOM NUMBER ONE from CASH CONTRACT No. 908 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 180 consecutive calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all C-1 221. ,MA(n) Sr ) STD. fl �nfii�lhT�n1 Zed � fZ4 „SEA�v �or MAY 11 �eSrj oN6 ftlyN TyCie6�e.A2 a5v4 caseku ro. 90b SJWS t0P GALtFn►QNIIk V�, o'F fAUS i Q�GR�I�J Lpi�I> j WpTf$L c*,sSifGV14iWpJ Fom,D TV.-OGV-A4(4 SECTION C PROPOSAL for the RESTROOM NUMBER ONE from CASH CONTRACT No. 908 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all Iabor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 180 consecutive calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all C-1 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bo,,d in the amount of 9/ 10$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Dare Rerei ved SWer's Sigrrg a :. . . 1 5--I2--94 C-2 PROJECT BID SCHEDULE RESTROOM NUMBER ONE Item Estimated Item with unit price Unit Price 'Extended. No. Quantity written in words Amount . 1. 620 L.F. Temporary C.L.F. Fencing . 7 uJ (n_ Dollars 2. 1 L.S. Clearing lGrubbing Dollars Cents 3. 20 C.Y. Cult 1) ,, l tr4-r_Gn Dollars Cents 4. 165 C.Y. Fill ' On Dollars s � � s �1 `� Cents p�f.G 5. 145 C.Y. Import Soil (pure volume) 04t1 Dollars $ 6. 1 L.S. Building Demolition ®T ) r o h LJ Dollars , $ Ll Inc) Cents 7. 5,100 S.F. AC and Base Removal Dollars s r' Cents $• (00 $ 3DD d C-ls Item Estitnateol Item with unit price Unit price , Extended No. Quantity written in words : Amount 8. 1.450 S.F. Concrete Removal Dollars a 07 s 0 0 Cents 9. 2,620 S.F. 6' Concrete Paving ® �l"ZL, - .__. Dollars e 161 ents 10. 1,669 S.F. 4' Concrete Paving ® —f -7-1 Dollars �vt Cents s 3.76 �- 11. 127 L.F. 8" Wide Concrete Band Dollars h rem s 13 23 $ j is a Cents 12. 16 L.F. Mow Strip - Concrete C ' lJ �0-' Dollars ® G' —D►'� nts ' s 12 � s a DS. 13. 3,111 SX. A.C.PPaaving Q r ►�! y — Dollars Cents 14. 376 S.F. InterlockingPaverswith Base Concrete ® /U l' `lc-,, Dollars SJ�f `Cents C-2s 14 It.m Estimated Item with unit price Unit Price Extended . No. Quantity written in words Amount 15. 220 L..F. S" Wide Concrete Curb ®^ zkn Dollars s (CJ. b 7 s ZZ 5- �y'G ents 16. 50 L.F. IS* High Concrete Bench �undmjsfu Dn /7e gy p- .Dollars $ i 7 I $� SSD rents 17. 5 EA. 36" iligh Block Pilasters I Dollars $ _ rents 18. 15 L.F. Concrete Block Shower Wall (42" high) (� 1 Dollars $ Vents 19. 5 EA. Concrete Block Pilasters w/ Plumbing for shower , ree y' "`�.1 Dollars s 0 --3G� $ Sao 20. Ili L.F. 36" High PY C. Railing ® Dollars E � Gents 21. 1 EA. Drinking Fountain with Sump. —7% O CfS�"ej Dollars 3 s —Zents C-3s Item Estimated Item with unit puce Unit Price Extended No. '.Quantity ... written in words :...: 'Amount 22. 3 EA. I`Ille. /1 ✓/►clot 5 G�9'7 f�, •� �-d , ,JDollars ® .�j•rr �'GU nts 23. S EA. Bike Rack / 1r roc_ h �ndr f4&ltars S t� S 1 ou 24. 1 L.S. Restroom Building One h.,,d,,d r u1-- Dollars S �� $ rents ,. 25. 1 L.S. Site Electrical and Electrical Servi �IvG v�i� h ausa�c� ® Dollars S S _ rents ' 26. 1 L.S. trical d Building PC i� r'tfi J air ►'?�' urti:t 0 _ 1 a rDhi31813 rents V. 7 EA. Remove, Store and Replant Paling 1 ® e t/�f7 v � �Cents e dRe 28. 521 S.F. Turf - Sod ® Dollars nts C-4s Item Estimated Item with unit price -.. Unit price Extended . No. Quantity .. written in words 29. 277 S.F. Groundcover oO fa' I Dollars -1j7� Jam. --Cents $ 30. 1,757 S.F. Fine Grade Dollars S p �Q r bnbe 31. 1,757 S.F. Soil Amendments ® Dollars —7 S $ Se e v 0L r ents 32. 1,757 S.F. Irrigation System irfJ70� /� j� 6b �► _.. Dollars $ $5Y 4e ents 33. 1 EA. Automatic Controller f Se ✓ J Dollars rents 34. 1,757 S.F. 90-day Landscape Maintenance 35. 432 EA. One gallon shrubs r Dollars s D 1 is C-5s TOTAL AMOUNT BID IN FIGU: V 7, (� TRES TOTAL AMOUNT BID IN WORDS:?'A'� C-6s LIST OF SUBCONTRACTORS In accordance with Government Code Section 41D4, the Bidder small set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name of Subcontractor_ and Address.._' : State License' Number. Class P!-M- n /�- L} 7l66,r� lC_ r�� CeY r 59 gl 7 L124F176 C-33 ,�DOIELql ler r- " F V oas"7 C-3 f iI � r �7 0 C-IG G.�ec C 1 �e'l 4 s a rn n I Cv Sd C-10 tArdsca . (t-Ck- 4-, (P&.-sq r C-27 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND 67MA 7 D WITH BID State of California ss. County of Orange John T. Lynch 0 being first duly sworn, deposes and says that he or she is President of Lynch oonstructlon._Inc-the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. UNM COMMMITICN, INC. Name of Bidder ~` 0MCIAL hWAD9.1 M ,.''+SCOTT L, CA �✓�; W-1-i P61WIc— a urC O Bidder' ORANCECOT. Lynch, President M•'YComm. EnftsAUG 5082 Bolsa Avenue, i;102, 1juntingtcn Beach, Ca Aadress of Bidder 92649 Subscribed and wo to a me this !� day of d —� 1921. NOTARY PUBLI �p Q'1_V'A NOTARY SEAL C-4 UTILITY AGREEMENT ]IONORABLE MAYOR AND CITY COUNCIL CITY OF IIUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as RF,STROOM NUMBER ONE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or Instruction, Is familiar with the operation to be performed and the hazards Imblved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 5-16-94 MUM CONSTR =Ia4, INC. Contractor y ,C7 M T. IXNMI President 1 e C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONVAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary in -crest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 5-I6-94 Date: LYNM CONSTRiX.TIt]N, INC. Contractor y , ptl T. LYNC11 Pms ident Title C7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 42I6/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422AI33 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. Contractor to Date: Note: This form is required for every Dig Alert Ident(flcution Number Issued by U.S.A. during the course of the Fork. Additional forma may be obtained from the AGENCY upon request. C-8 BIDDER'S iNFOR UON BIDDER certifies that the following information is true and correct: LYNCH CONSTRUCTION, INC. Bidder Name 5082 Bolsa Avenue, Suite 102 usiness Address Huntington Beach, CA 92649 4714 ) 897-0313 Telephone Number 390763 B State Contractor's License No. and Class 1980 Mginal Date Issued 6-30-94 (Will be renewed) plration Date The work site was inspected by John T. Lynch of our office on May 15, , 1994 . The following are persons, firms, and corporations having a principal interest in this proposal: John T. Lynch (President & Treasurer) Alary Jane Lynch (Secretary) C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. LYN.CA CONSTRUCT ON, INC. o p met s OFFICIAL NOTARY SEAL 70 ature O 1 ddef SCOTr L. CAMPBELL JOHN T . LYNCH Notary Public—Calitorda --- ORANGE COUNTY not or Signature Ay Comm. Expires AUG 19.1904 5082 Bolsa Ave. #102, Huntington Beach, CA 92649 Address of Bidder t 714 1 897-0313 FAX: 714 890-5327 Telephone Number Subscribed an sworn "e me this 16th day of may , 1994 NOTARY NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 3. County of Orange, John Wayne Airport, 18601 Airport Way, #41, Santa Ana, CA 92707 Name and Address Name and Telephone No. of Project Manager: Paul Peters (714 252-5243 Hangar Demolition Still working Contract Amount Type of Workate Completed U,C.I. -Engineering Services, 19172 Jamboree Rd., Irvine, CA 92717 Name and Address Name and Telephone No. of Project Manager: Duane Ringel (1 714 1) 856-5526 $75,000.00 Physical Sciences Observatory 2-22-94 Contract Amount Type of Workate Completed Saddleback Comi=ity College, 28000 Marguerite Parkway, Mission Viejo, CA 92692 Name and Address Timothy Mead, AIA �714 1 582-4652 Name and Telephone No. of Project Manager: _r Various Repairs to Physical Sciences Bldg, 1993 Contract Amount ype of Workate Complet C-10 k�) LYNCH CONSTRUCTION, INC. + , 5082 Bolsa Avenue, Suite 102 Huntington Beach, CA 92649 (714) 897-0313; FAX (714) 890-5327 r "SEALED BID" FOR RESTROOM NUMBER ONE IN THE CITY OF HUNTINGTON BEACH DO NOT OPEN WITH REGULAR MAIL Project Title; Restroom Number One Cash Contract No: 908 State of California Department of Parks & Recreation LAND AND WATER CONSERVATION FUND PROGRAM Project No. 06--01343 a i i RECEIVED CITY CLERK CITY 3F NUHTiNM4 nEACH. CALIF. HAY 17 1 s r P11 '94 I Citr; Clerk City of Huntington Reach. Second Floor, City Hall ,2000'Main Street Huntington Beach, CA 92648 t I 11 Igo L w L L L L I L SECTION C PROPOSAL for the RESTROOM NUMBER ONE from CASH CONTRACT No. 908 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 180 consecutive calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contact with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of i• the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANYTTEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all C-1 Le 1. L L L �Y it L La IrY t �r t �u Lik J{f id Lai �u 61A PROJECT BID SCHEDULE RESTROOM NUMBER ONE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 1. 620 L.F. Temporary C.L.F. Fencing ® Dollars s I.o $ 6 1 Cents 2. 1 L.S. Clearing/Grubbing ® Dollars S 3-;90. C�o S 3. 7 6V Cents 3. 20 C.Y. Cut rr 0 Dollars Cents 4. 165 C.Y. Fill Dollars J Cents S. 145 C.Y. Import Soil {pure volume) ® Dollars 25 S Z $ 3 277 Cents 6. 1 L.S. Building Demolition a Dollars Cents 7. 5,100 S.F. AC and Bane Removal � Dollars 4 539 cents C-1 S i f 11 i L �r L L L i Li L L 1 iw I L L L L t 6W Item L L L i Li L L 1 iw I L L L L t 6W Item Estimated Item with unit price Unit Price Extended No. Qtzntity written in words Amount 8. 1,450 S.F. Concrete Removal ® Dollars $ .9� .... s I,tZ, cents 9. 2,620 S.F. 6' Concrete Paving Dollars s 4,a s 11, 71o^ Cents . 10. 1,669 S.F. 4' Concrete Paving Z� ® Dollars s Z.71 S 3. Cents 11. 127 L.F. 8' Wide Concrete Band ® Dollars Cents 12. 16 L.F. Mow Strip - Concrete / ® Dollars _ S 1 J S Z't-a Cents 13. 3,111 S.F. A.C. Paving f@ Dollars � -35 $ 3. $ 11,Cl�� CMta 14. 376 S.F. Interlocking Pavers with Base Concrete / Dollars Cents C-2s i. it 16! 1.1 6 Item Esdamted Item with unit prig Unit Price Extended N0. Quantity written in words Amount 15. 220 L.F. 8' Wide Concrete Curb r Dollars S 1: $ 3 3 "' 16. SO L.F. 190 Nigh Concrete Bench 0 Dollars S -2 t - S rMt 17. 5 EA. 36" High Block Pilasters Dollars � ry rM is. 15 L.F. Concrete Block Shower Wall (42' high) Dollars rM � 19. 5 EA. Concrete Block Pilasters w1 Plumbing for shower m Dollars 20. 111 L.F. 36' High P.V.C. Railing Dollars rr„ts 21. 1 EA. Drinking Fountain with Sump. Dollars rM� C-3s L. ' L. L L L I L ty� r Ll L L L i" W 4" 4W Item Estimated item with unit price Unit Price Extended No. Quantity written in words Amount 22. 3 EA. Trash raceptaclelholder � Dollars S sue_ $ nts 23. 5 EA. Bike Rack Dollars S > j 0 S Z l J o Cents 24. I L.S. Restroom Building ® Dollan ZJ $ 13�, )3! 23 $ 177, 0 _ rM+ts 25. 1 L.S. Site Electrical and Electrical Service Dollars S '2 4`.od $ 'ZI#r s rents 26. 1 L.S. Building Electrical Dollars $ i ?p o a $ l Z, o•M-d rn(a 27. 7 EA. Remove, Store and Replant Palms ® Dollars $ Jit•O $ —3 28. 521 S.F. Turf - Sod Dollars S ,1 J S �j )'l Z j cents Gds 6 i L 1 L L L W Item Estimated Item with unit price Unit Prig Extended No. Quantity written in words Amount 29. 277 S.F. Groundcover 0 Dollars S S, +' $ 3 i� .. rents 30. 1,757 S.F. Fine Grade' Dollars sit 7,01 S r.n� • 31. 1,757 S.F. Soil Amendments ® Dollars s ?, Lf S Z, Y 0 1 Cents 32. 1.757 S.F. Irrigation System �5 Q- 631 ® — Milan s__.__,� _ s 33. 1 EA. l Automatic Controller Dollars $ 7 cents 34 J 1,757 S.F. 90-day Iandscape Maintenance Dollars $ • sa $ _ r"ts 35. 432 EA. One gallon shrubs Dollars S 7 2 S 3, 3 •t •d - rAnts C-5s TOTAL AMOUNT BID IN FIGURE.$: S Z 6 * ,c, cti q TOTAL AMOUNT BID ]N WORDS:7,, �GwOrt[�� cSi�CT`��I„JG� /�a,IF fltw Ab fE ¢Y00 C-6s _ZI W bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words small govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find e's o in the amount of $ 2 coo which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check% or "Bidder's Bond', as the case may be). Bidder shall signify receipt of all Addenda here, if any: G2 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words small govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find e's o in the amount of $ 2 coo which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check% or "Bidder's Bond', as the case may be). Bidder shall signify receipt of all Addenda here, if any: G2 it No LP LI Li LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work : No LP LI Li LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work : Na u of Subcontraxor'w d Address .< '::.:::_. ...uJnber, `:. Sraie Licasse Clan cu.-r6,.✓ eog-S r Qo..ls mua / � Pw�►,i8...� .Q Er.6cr+r�cAL /tFfD�t.Q�$t[� ��J'?Gic �K✓i.JC ,(ov�i. /Gi ill /Ca �s ICAo �i.Jc, 5M.J 1`4 �4sJ�4 . i6, By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds 4u furnished by subcontractor for this project. C-3 6" +� NONCOLLUSION AFTZDAVTT TO BE EXECUTED BY BIDDER AND SUBMrITM WITH BID L"9 IM State of California ss. 60 County of Orange CHI / 1/4-e4 ::Z � ., being first dui sworn, deposes and says that he or she is be r. c C7— of � l�' -oM z'2 "^1 the party malting the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not W collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall W refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. �1J ame o f B i d d er A Signature of Biddd /7 So 5!ryP,4ex G,e, Nell A r�essof Mda7ff Subscribed and sworn to before me this 7 day of , I9 y¢ . (mac! ft CMM # 1021 NOTARY PUBLI 3 33 C-4 L I" YV190ITT"5151101ai bw HONORABLE MAYOR AND CITY COUNCIL 1W CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: i.. The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as RFSTROOM NUMBER ONE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qjalified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved.' The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility'company's requirements; Public Utility Commission orders, . and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the acquirements contained herein. 6 L IDate: U Contractor Y .9Z 1,0er^ l T Ti e C-S L DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 ' COMPENSATION INSURANCE CERTIFICATE tPursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and . shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor I ' Y Title - - Date: -T ' C-7 P BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name /28b0 , c5U, re p2 7O Business Address i�2✓„/E , CA 927 /4 7/4 Telephone Number State Contractor's License No. and Class No ✓. /o `A4 , /qgZ_ ZWginal Date issued _ JAB/. 3/ s', i�9s The work site was inspected by d. 44clF/ of our office on —a2:j / s , 19-14. The following are persons, firms, and corporations having a principal interest in this proposal: ' The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Ii��in�E �/�r/��i2/1/�^7 �O•C/�O�fF'i'7o/�/ Company Name Sigitaftue of BiddleF 'Printed or Typed Signature J-7?A o S/C Woe c"2 sd/OV0 /k ✓/^/Ar ' s of Bidder Telephone Number ' Subscribed and sworn to before me this 17 day of A -GA X 19-!L . Q ASHKAN A. RAUFI NOTARY PUBLI • Comm # 1021664 ' Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: ' 1, G�iY9 0� T�lSrin� . d1Ad CE�Jri�vnla�[.. Name and Address ' Name and Telephone No. of Project Manager: E,0 �''�� r%4 l s73 - 3i710 XAP oao /fo�� no .✓ iAI AE06' ev J 'Contract Amount o workate omp IER nType 2. �-1ou.,l . �./ r- i _ 00C.-Moz- Okrrei aT . 3 3 20 AW . P—e- � Name and Address Name and Telephone No. of Project Manager: Coy►/ IFow-D r g69I .279 - — ' 16,60 DOD 0' 'e~'ge4j ^/ P&o 1m Contract Amount Type of Workate Completed ' 3, Geis-� OF f��.fr��l�'rd/.l ��c�i . act ��r/�✓ ST ti d. es► Name and Address ' e Name and Telephone No. of Project Manager: Z)O^/ A1aecc r ontract Amount Type Of or ate Completed C-10 Inv;rat t`lullittill", tiump. 17880 SKYPARK CIRCLE - SUITE 270 IRVINE, CALIFORNIA 92714 �J 19 r L W L P L R F L L .7 L SECTION C PROPOSAL for the RESTROOM NUMBER ONE from CASH CONTRACT No. 908 in the CITY OF HUNTINGTON BEACH I TO THE HONORABLE IN AYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein' to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 180 consecutive calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, f specifications, Instructions to Bidders and all other contract documents. If this proposal is J6, accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set L forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE Li CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all L C-1 L., r , L Lbids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. LIf awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 6UIVEfs 'FOND in the amount of $ a% SfK3. which said amount is not less than 10 % of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). L U L L L L L L L L Bidder shall signifyreceipt of all Addenda here, if any: Y Addenda No. Date Received Biddrr's 'gnarrre L im it L L L L+ L f L f L L L W L 4 i L PROJECT BID SCHEDULE RESTROOM NIJNIBER OIVE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 1. 620 L.F. Temporary C.L.F. Fencing � 151cH r Dollars $ U•Ob O.r) 51� Cents 2. 1 L.S. Clearing/Grubbing ®-EULy Dollars Cents s OD rs s � 3. 20 C.Y. Cut r F FTC ® Dollars $ SD C.Y. $ I000 Cents 4. 165 C.Y. Fill .,� INN Dollars . $ s 6 Cents 5. 145 C.Y. Import Soil (pure volume) Dollars cents s IS $ 17 6. 1 L.S. Building Demolition �1 ffix'�PcD ®.Y�iU Dollars Cents $ S M-s $ 'J 7. 5.100 S.F. AC and Base Removal ® ONE Dollars + F1FJY SCV6V $ l�sf s " Cents ,bo C-Is l gf�o f � i L L L irr 1w iw I L L L L Item Estimated Item with unit price_ Unit Price Extended No. Quantity written in words Amount 8. 1,450 S.F. Concrete Removal wo _ Dol la rs -, Cents 9. 2,620 S.F. 6' Concrete Paving Dollars rive Cents OX 10. 1,669 S.F. 4' Concrete Paving T,�o ® Dollars LI,00D t Crag 11. 127 L.F. 8' Wide CCoon-crtete Band `�-N � Dollars s ID L.f, J $,aJQ Cents U. 16 L.F. Mow - Concrete -Strip h,t 1Eh%T� rG'yR Dollars ®' siq $ CW ,,,e $ Cents 13. 3,111 S.F. A.C. Paving 7 H4FE ® Dollars Cents 14. 376 S.F. Interlocking Pavers with Base Concrete DoIars w JOY—VIA16 S "� S (7.400 Cents C-2S ?,41A C 5 - SO I. I L L 1 60 i0 tw r L P L L L 3 L iW L Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 15. 220 L.F. S' Wide Concrete Curb ® �vr Dollars $ u $ I On -� - nts 16. 50 L.F. 18' High Concrete Bench ® O,JC l�v�JnlP�n. i WArY FDollllars 50 Vents 17. 5 EA. 36` fligh Block Pilasters ® 'X111Ub/�ED —. Dollars - S�_A �.� $ �. O0 ants is. 15 L.F. Concrete Block Shower Wall (42' high) ® 6618 ! Dollars $ rents 19. 5 EA. Concrete Block Pilasters w/ Plumbing for showerEFti 4�v�rv�ecD s Q,? Dollars - 20. 111 L.F. 36' High P.V.C. Railing i N LL Dollars $ 30 l.F S 3 33 _ C-nts 21. 1 EA. Drinking Fountain with Sump. ® tl aE tAl NVPL)"Ot Dollars S // %, S 00 f'-nts C-3s FA V- 00 aW 40 u Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 22. 3 EA. Trash receptacle/holder a 7NREE NOA14V'ED Dollars $ 3UOEA $ lOD r'Pnts 23. 5 EA. Bike Rack ® Ft,'E �n/DiPED Dollars $ $ Cents 24. 1 L.S. Restroom Building i8 I 9-H FNtr f 3 ® 1422'I>� 1N�Dolars S �1 $ 4 Y'1� _ -_- rents 25. 1 L.S. Site Electrical and Electrical Service o TyE j Zwa HLAIVea Dollars $ o?20t/)j4 $ &.Oo 19 Cents 26. 1 L.S. Building Electrical slXTY SIX HdtJDk]> 6j6D0� Dollars; $ 5. . rents 27. 7 EA. Remove, Store and Replant Palms F_ uR �111JDl�ED Dollars $ 1t1Q EA. $ nts 28. 521 S.F. Turf - Sod 0 DNE Dollars S I S,F. p $ ' Is. r•Pnts C-4s M r i Q94.1-v L L L I" 4 v 1W L i L L L f L L 1W L 1W Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 29. 277 S.F. Groundcover a rwd Dollars S <, --�LS s,F, S -roinY- FNr rents 30. 1,757 S.F. Fine Grade ® er-e- Dollars $ 507 rooVgq,�— Tuv— Cents r 31. 1,757 S.F. Soil Amendments ® Dollars $ A sr $ S,xrr_ E'1Ghr rents 32. 1,757 S.F. Irrigation System Dollars $ S,F j'T_C1GNr OM"', Cents 33. 1 EA. Automatic Controller ' 1 rri2T� c�F�f`n/ �Nl'�ED Dollars S 71VF S ]6 F,. 34. 1,757 S.F. 90-day Landscape Maintenance 1 H REE Dollars $� Cents 35. 432 EA. One gallon shrubs F17ILEf`) Dollars s ` S 'EA- S 6 �I wi sines C-5s �50. 15 W L L L L h. iw V W 1 L 1 L TOTAL AMOUNT BID IN FIGURES: S 066, % P TOTAL AMOUNT BID IN WORDS: Tvvo HV01VO sixT; Six THOUSAND F7ovg Hv DRED o nlD o T„ A/ J)VLL,4, C-6s 1» L L i9 a. r1l Lr 1 L f L L r L iW L L L LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Rork Name of Subcontractor and Address State License Number Class pl b r — 7D5y 31S3b5 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 L NONCOLLIISION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUB1111TTED WITii BID L State of California ss. County of Orange - 'IF- & 11�A., being first duty sworn, deposes and says that he or she is .�-4 6.c .. of Ar �r , -Cos e- gal the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contact of anyone 1.► interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown k thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and L.. will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. L ame of Bidder --7Y4 - r � Rg—n'541 r Bidder Addrss of /Bidder Subscribed and sworn to ay of ! fore me this `d ", 199- 6 kwC�v�r . � NOTARY PUBLIC^ 1 0 NOTARY SEAL C-4 L tX WXM auu� a�.■. � �a;sarc r."Nw L UTILTl'Y AGREEMENT L HONORABLE MAYOR AND CITY COUNCEL L CITY OF IIUWINGTON BEACH, CALIFORNIA LGentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as RFSTROMM NUMBER ONE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. L The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. r Date: 5'&1-6q L L 1W 1,.-1V&t"J Contractor NY — At S 1 r12- 1--i' - We C-S 14 L DISQUALIFICATION QUESTIONNAIRE LIn accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. WW QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No, If the answer is yes, explain the circumstances in the space provided. L F L L L he 6. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 L L L COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works �+ contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: +�- I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insurer] against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. W 6 �.. Date: Ad L L L L L L i4 L L dl�161111'1 e& fl�.o ontractor y ie C-7 L L v V f� L L L L W L L UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert IdentTication Number. Date:���' y Contractor y iue Note: 7hisfonn is required for every Dig Alert Identification Number issued by U.S.A. during the course of the work. Additional forms may be obtained from the AGENCY upon request. C-8 err L L L lw. d" W W W ihw BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: BidiLtl�-����-,`C.jti,�,�s�■ (L.IS 71 �?l c- r�k,�LL�.et btiC �. der Name uscness Address r tv Gc{S. Z Telephone Number .- The work site was inspected by - b OEra`hFof our office on ' /`j`� , 19-U. The following are persons, firms, and corporations having a principal interest in this proposal: . - 1% L —, L L /I / It A " r (C? / - 7 C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their I.+ ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. f L J L. I L L L L L L L I" law f. t. 725 zam ST. SRr✓ Folv OA 9i'731 A ress o Bidder 3Q1O) D I-lLW Telephone Number � �� �. wry 4SIOISM u � Subscribed and sworn toLforethis da} of , 19 „oDW � M NOTARY PUBLI U" NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. C,Ty F Lorv& &anq 333. fir . One ti &vD. Lvti6 3c-lcti Name and Address Name and Telephone No. of Project Manager. r 0 mount Tvve o 2. RID WNW MIM-6 SC'40VL EL /A1c6gt E SCHylx _P/S7: Name and Address V Nime and Telephone No. of Project Manager: a35,00D Co,ysTQrkr�crU �LFc7'.PlC•az 33- 9y CCE► C&,5Cv1 ELCmcrinyy , EL Alvil,TE xHem D15r,Qy-T 3. - Name and Address V Name and Telephone No. of Project Manager:. T,�..__.... C-10 PLEF��E %ioSF_ J I GoP1E5 OF _ MBE LVJ3E1�$� —flDS 111AA,k-.1JUr YE-T $EJ-7-J.1 EdED $Y DUfZ_ _IIIOrFIGE,_iKE__H_nS�HH� T7EEN_RffN �f_ ___ WILL GET YOU_h_COP_Y OF BOTd ------ IIIPAPERs_Rs II�Y _009_OFFIGE•_----. ----- ----- � D? ) ESN coA1TRACT , 72,5 Battery Street, Unit D �10 San Pedro, Ca. 90731 �; (310) 831-9452 Fax (310) 832-4571 �� C vrY DF To: }Ax)t�i' l wG-w UNIVERSAL CONSTRUCTION J�N�©� $,� MAINTENANCE i'ssmoom � 1 ?C .kUD SECTION C I PROPOSAL ' for the RESTROOM NUMBER ONE 1 from CASH CONTRACT No. 908 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: ' In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and ' incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 180 consecutive calendar days, starting from ' the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documen-ts.J If this proposal is ' accepted for award, BIDDER agrees to enter into a contra with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. 4IDDER understands that failure to ' enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the ' bid opening date. If at such time the contract is not awarded, the AGENCY will reject all I C-1 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, �w the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find SIMe'SE'd in the amount of STEn Pr-cef,� which said amount is not less than 10 0 of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash "Certified Check% or "Bidder's Bond", as the case may be), yr �r L Bidder shall signify receipt of all Addenda here, if any: L L ! L& La 40 1W W Addenda No. Date Received A Q Bidder' 'gnawe Coo- 5-2,24 111,M&U& C-2 6" La L L L L L MI PROJECT BID SCHEDULE RFSTROOM NLTAiBER ONE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount I. 620 L.F. 'Temporary C.L.F. Fencing " 0 Dollars s a. co $ Cents 2. 1 L.S. Clearing/Grubbing ® 6,%,Ivg Dollars $ /,Dov $ 000 Cents 3. 20 C.Y. Cut ' J — Dollars Cents 4. 165 C.Y. Fill (0 1 ^J Dollars Cents S. 145 C.Y. Import Sail (pure volume) ' ® r � f" � f �" Dollars $ �s or s a � 7sC= its 6. 1 L.S. Building Demolition � .5!� �'rs. h�✓J 6ia�E �4c',r.�J�lf�ollars s G, soo $ b, Sao Cents T- 7. 5,100 S.F. AC and Base Removal 3 , J r a $ ,-% S¢ $ 3 ?,2s°o .�✓fir f/��"CGIIt3 C-Is L L L L L L L L Item Estimated Item with unit price Unit Price Extended No. Quantity witten in words Amount 8. 1,450 S.F. Concrete Removal 0 ^''' 2- Dollars� Cents � 9. 2,620 S.F. 6' Concrete Paving a 7dj0 ., _ Dollars Cents 10. 1,669 S.F. 4' Concrete Paving Dollars $ a• S 3, 75s ��fNrY F/6 Cents 11. 127 L.F. 8' Wide Concrete Band � (2 ���" .. Dollars $/ p.6a $ 70 Cents 12. 16 L.F. Mow Strip - Concrete Dollars $ /0.00 � $ Cents 13. 3,111 S.F. A.C. Paving ® 77.E e) Dollars s 7s $ S, sss j�`/Cents ,2• 14. 376 S.F. Interlocking Pavers with Base Concrete Dollars $ Salo $ Cents C-2s L L L L L L L L L L Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 15. 220 L.F. 8' Wide Concrete Curb /d f - Dollars $ /.A oa $ 52, 6/1y°O - rents 16. 50 L.F. 18" High Concrete Bench aLl' Dollars $ 70 =' $ 3r s oe"- rents M 5 EA. 36" High Block Pilasters A Dollars $ rants 18. 15 L.F. Concrete Block shower Wail (42" high) ® e2f2a� Dollars S ,SO S 75 dO= rents 19. 5 EA. Concrete Block Pilasters w/ Plumbing for shower $o? $O op s � � n 0 ZI..O Dollars Ni-wry?f D Fi�`i -,,'� _ rents 20. 111 L.F. 36" High P.V.C. Railing ® j��ry iii'f Dollars $ fi S -x{��Soa rents 21. 1 EA. Drinking Fountain with Sump. Dollars3, WO rents C-3s I L L 1 L L I L is L r L L 1W L I L i" Item Estimated Item with unit price Unit Price Extended No. Quantity written is words Amount 22. 3 EA. Trash receptaclelholder f M" e —, &--"1 ."O _ Dollars $ Cents 23. 5 EA. Bike Rack Dollars s /Qd C,�O S 500 o0 rents 24. 1 L.S. Restroom Building av of ,ter i:f'-:51A ' sax Dollars $ /d,N,CGn r'nts 25. 1 L.S. Site Electrical and Electrical Service ✓f6�f/`% l�� f s�.M% Dollars S 0� $ lli COO ;o flents 26. 1 L.S. Building Electrical 0 Z211X gCij 77/62 44uo Dollars $ /� $ ats 27. 7 EA. Remove, Store and Replant Palms -7,0 /YVA-1131-if7i'0/F-TY —Dollars S rents 28. 52I S.F. Turf - Sod r 4 Dollars $ Cents C-45 G L. L L L L L L L I Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 29. 277 S.F. Groundcover 0'''1:— Dollars S 400 s 71 7 7 °s rents 30. 1,757 S.F. Fine Grade 0 Dollars S 130 $ :%2 7 r 0 -1/ '/M/ rents 31. 1,757 S.F. Soil Amendments ® Dollars S f o 4 $ S 9 72 / s" FiG� gents 32. 1,757 S.F. Irrigation System �'e:� x 71 tip Dollars $ $ - - Cents 33. l EA. Automatic Controller rJX Ttilt �ihJt? C/�/f Mae tp f�" Dollars $ —cents 34. 1,757 S.F. 90-day Landscape Maintenance Dollars $ -. 71 $ 35. 432 EA. One gallon shrubs ® _1710 Dollars S •.� $ '00 - -- Cents C-5s 1 LO �j ka I im L Y L L 6 I iw TOTAL AMOUNT A i0 BID IN FIGURES: � TOTAL AMOUNT BID IN WORDS•o''�"'�'��� ��/�/f /fu.rGi't4 �f- fA;ry 4d/IMZ5 7 esh'�'G ' C-6s E c r,.+rs S L L L L 4+ L i Lb �f IrJ i. L L LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-haif of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion work Name of Subcontractor and A&Iressof "O"We Mfu.%o ®I _j s; By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 46 LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C 1 'G !'+•r KS.•.-.^� �•.. ti �ci: `L�[. '�C .CC+r•...; ..� rvY`T �� �-r.�.. ti �h�> ��.,+.,,��: w . s.�- .�.'�4 . � i�.'T�_ �r�•�.-. •. k 7-9.7..._ ti'l.. �1� •: ti titi: a 7.•S ��•- �L .7..J ��i�.1�S.�v�� �-'-�:.:A • , ■� OPTIONAL SECTION snow State ctr ��4 �.�x�— CAPACITY CLAIMED BY SIGNER County c,f Tf*to WWI* d,,,0tI0%*o 10,A Nolan, IP 1111 In the data Wow• doing so may prova trwa URW to WIN" M" on"ooalxneml On before me,... ! .:•—� w= v�t�1 �`j[�rl NflIvroUAl i DATO Nu.IG. Tlria Or l7FhICE • r..l1, ;ulr pc, ur)TAar PU4LIC• / conponATE oFri6fin(S) persona ty appeared—..,.. l�ia�e NAN11(51 CX $10AAt% 'personally known to me - 011- D prtved 10 me on the basis of satisfactory evidence to be the person(s) whose name(s) Islare subscribed to the within instrument and ac- knowledged to mo that helshehhey executed the same In his/her/their authorized Tnftw J. VANEVERY 1` capacity(les), and lhat by his/her/their •- COMM. C951447 c Sfgnature(s) on the Instrument the person(s). �E �Ut4TV A or the entity upon behalf of which the p,,& jWm im It.1994 person(s) acted, executed the instrument. 0 PARTIVFFI(S) L1Ml'TED GENERAL �] ATTORNEY•114-FACT TRUSTEF(S) [3 OUARDIANnCOMSEF)VATon OTHER: SIGNER 1S REPRESENTING: WIT: "handfficial seal. NAM OF, PER SONt3 OPI E►+1ITvt1F:1) BKsrunracCFyUTAH1r 9r9>r■ ■�+� OPTIONAL SECTION THIS CElMrlrA1' MUST BE ATTACHED TO THE OR TYPE OF DOCUMIwNT� THE: DO(.,UMFNT DESCRI90 AT RIGHT._ NUMBER OF PAGES DATr% OF 0MUMENT _ Though IN, dltll naultlod h0fo Is not raquk07 by low, r— Il COW prevent traudulanl 61 INS loan. SiONSR(S) OTHER THAN TAMED ASOVE qp1902 NATIONAL NOTARY ASSOCIATION • 421A Pommel Ave., P.O. Fox 7184 • Conga Park. CA 21309-7154 I' L L NONCOLLUSION AFFIDAVIT TO BE EXECUTED ` BY BIDDER AND SUBNIITl'ED RTPH BID 4 f State of California � ss. County of Orange ipgg first duly sworn, deposes and says that he or she is L r�ecl 10i lCt of the party malting the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown 1 thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and L, - will not pay fee to any corporation, partnership, company association, organization, bid L depository, or to any member or agent thereof to effectuate a collusive or sham bid. ni+- J 3ui lder s Name of Bidder r° Signature of idder cQcoo4i Cc--4� '3DY. 3 219 w. Lgqu- - Q e-A 97-to-77 LAddress of Bidder Subscribed and sworn to before me this day of HS , 1924. NOTARY PUBLIC ' NOTARY SEAL C-4 �� TWM L VANEVERY .401447 Comm t L x L I L L L L L UTIILTFY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF IIUNTINGTON BEACII, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as RESTROOM NUMBER ONE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding L upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. L. L 4r L L I L L Date: -5-1 -794 c,r)ee_ Title C-s im L 1 L L L io DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 L- am COMPENSATION INSURANCE CERT MCATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works +� contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: 1 �'•' I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Y1i ed ',Ej) * 1ders CO;, nfor "Dcn d ec .�.,� J �Z . i� Oux�.fe. ie � Date: - C-7 L V L I L i 4W L L L L { a. L V, L L L UNDERGROUND SERVICE ALERT IDENTIFICATION N AMER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8444224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. i d -P;Ul lC�e� By D�rj !�- cr d# eaAA_,2.Y L ie Date: 5' �]-'Ct4 . Note: This form is required for every Dig Alert Ident' nation Number Issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 L Irr L L L L L L L L A L I L L BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Un'14ect �s I t e rs Bidder Name 6?004 I CC oe LY 7J9 Busin ss Address txr. 0 auej CA 9 Z4�-77 Telephone Number (P 7(v28 State Contractor's License No. and Class 3 193 Y Original ate issued Z • q5 piration Date The work site was inspected by of our office on , 104. The following are persons, firms, and corporations having a principal interest in this proposal: J�OnGbaJU - oWn2R, C-9 ►LI: OAN1A ALL-PURPOSE ACKNOWLEDGMENT Witt" �.y.y.�.t Wit; r'^^�.�,n.� ti ^c'e:t t�.y+�hCC L SY ^ C - �t KCCr.S• �....� vti-•-•:. . ti w-\:ti7r v?:�?r'ra�: -\1. A��.�.-*11.��.�.?1.a.,-•. �..�.1.Y. �. :1 «7.'1.. .. 7� i.� � v1:T 7.;;YJ. � � l.��ti.. �'�L.�ti'.7-.��?.'A',.� • stale o:. �►�_. ••r■� OPTIONAL SECTION flfllte� �..._— Q ran CAPACITY CLAIMED BY SIGNER County cif _..�..�� �_ .._ not TWO ttatWe doss 1ft*0 #* Notary b lIII In the doing 41a131 Ooilow, so may prove yj f On f� before me,.._� z,. v�n ��r_, MMkfib4 b penK po M+ft on Vve doaxne q. t� �INDIVIDUAI OATo l+µ+c• sine o- prlrG6n . F.n.. u r+e ore, r�)TARr rYntirc• / . p CORPORATE oFrICEn(s) persona ly appeared_...._ .0nae f .� #dAatelal 1]I ilat4rpm TORUS) 'personally known to me - OR - I] proved to me on the basis of satisfactory evidence ❑ PARTNER(s) LIMITED ; 0 to be the person(s) whose name(s) Islare GENERAL subscribed to the within Instrument and ec- (] ATTOWIEY-W-FACT knowledged to mo that hel_heAhey executed p TRUSTEF(S) The same In his/her/thelr Authorized p OIJARDIAN;CONSERVATOn ' capaclty(les), and that by hls/her/lhelr poTHt_R TNEMMJ.VANEVM Ignature(s) on the Instrument the persons), CoNa . 1os1447 Sar the entity upon behalf of which the --i wWIM PUKX • CALIFORNIA aNwp,I11 cou"ITY erson(s) acted, executed the instrument. off w C*W JWL 2. 1to$ SIGNER IS REPRESENTING: :- ITNE my hand and official seal. NAMOt•PTrRs�►JlslOfltlilnY q iJrer-i h;1dPf� y _ 8+4lIAhrAit]F! Arty �1 �4 .III .■ff�f.M OPTIONAL 3 ION THIS CERTIFICATE MUST BE ATTACHED TO trrLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: v� .— NUMBER OF PAGES DATE OF DOCUMENT ,l}} Though fAu dala r§W*8ted hofe Is riot requited by low. N could privenf fraudulent restteclxnenl of this form. 61ONVA(S) OTHER THAN NAMED ABOVE i V1002 PIATIONAL NOTARY ASSOCIATION 9 $236 Rommel Ave.. P.O. Valt 7184 • Cenoge Park. CA 21309.7104 L - L L L L L La I The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plants and specifications set forth. • �� �VAWMiIrERY � ua�t+t ; �ra«°0�"i fv� n, tom! -8D; Lo rr injilA tgnature of Bidder- M:n +dea�.�.. Printed or Ty ignature �- 1 Ccz_ 37r • Z19 Aa rem ss of' idder ���� l��e.� C�# 9Zto7 7 r -7 )348- 7Z 7 Telephone Number f Subscribed and sworn to before me this i—rlbday of Mat-, 192• . I r. NOTARY NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within &.e past two years, . la?b� 1.10�� ��✓d . Name and Address Name and Telephone No. of Project Manager: �Imon4-Z�-77 a 131 a7-cam IQI Cis "Contract Amount TvDe- of Workbate ComMeted 2. 10 CCWpa Q e} CY-kc" 3z) CA erren L CA- 9 ZCc-]5 Name and Address Name and Telephone No. of Project Managers- -+� �`�'f r� �� 8 0533'` 3'0t 502000-, 1 A4 Contract Amount Name and Address Name and Telephone No. of Project 9(0IS-19 ;I" Cacr 14fanage . WI ype or wor C-10 zCA cD70D 4N4'- 11L} �3�-U477 CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 Louis F. Sandoval Director ADDENDUM NUMBER ONE South Beach Restroom Number One CC-903 May 5, 1994 Notice to All Bidders: CALIFORNIA 92648 Public Works Department (714) 536-5431 The First Addendum is hereby issued to clarify the follo«ing items and/or discrepancies: Re: Bid_ OnenM The bid opening date has been changed to May 17, 1994 at 2:00 PM Re: Federal Funding.Reauirements: Contractor shall include in the bid proposal all costs and requirements associated v ith fulfilling the Federal Funding as specified within the enclosed attachments. Attachment A, B, C, and D are hereby made part of the contract documents. Re: Include in the bid_packaee the fundinz-source and number State of California Department of Parks and Recreation LAND AND WATER CONSERVATION FUND PROGMf PROTECT NO.06-01343 Re: Pre -Bid rob Walk - There will NOT be a pre -bid job walk on this project, however, all bidders are encouraged to t7sit the job site prior to submitting a bid proposal. Very truly yours, Robert E. Eichblatt, P.E. City Engineer REE:RH:rh Attachments cc: Jim Engle, Deputy Director, Community Services Jack Miller, Construction Manager Geneil Dixon, Labor Compliance Randy Huttenberger, Project Manager File CC-908 "Misc. Corresp." This is to acknowledge receipt and review of Addendum I,41umber One, dated May 5, 1994. It is understood that the revision of new documents shall be included in the bid documents. 5 Date i J CA -PE- DP- , u9 LA&-L) L\jA �j &ckeaL Cam- 7 a NvQi1 N � C�- 9 z.G4 % t N�nlee.� Grp 6v C )�$ � - No' 6 1 LZ rt-4- aejzLL � r j 1 a ��� , i� �y �� it CH Z�b-cp i 4 r PC. l ! AN, SECTION C PROPOSAL. for the RESTROOM NUMBER ONE from CASH CONTRACT No. 908 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and undt the supervision of the City Engineer of the City of Huntington Beach, and to enter into a L ontract at the following prices. The undersigned agrees to complete the work within 180 consecutive calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpo. of comparing bids and that final compensation under the contract will be based upon the ..ctual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all C-1 STATES LM( CONMUMOK 4NC. i bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit paces shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10, working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find a RJ- Jin the amount of $ which said amount is not less than 10 o of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash', "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any; addenda No. Date Received Bidder`s Signature Z—Ve,"l STATES UNK CONSMUMON, SM C-2 I PROTECT BID SCHEDULE RESTROONI NUMBER ONE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 1. 620 L.F. Temporary C.L.F. Fencing live 0 Dollars rCents s5.134 s 3,619 2. 1 L.S. Clearing/Grubbing SeVC-%+J _NJO $(77Z S /-17Z Cents - 3. 20 C.Y. Cut ® Dollars $ 23��� Cents 4. 165 C.Y. Fill Q Dollars r ' s 23 .35 s 3 $ �3 T Cents 5. 145 C.Y. Import Soil (pure volume) 0 �,"r`C�I �� Dollars Cents s31.5?1 $4571 I L.S. Building Demolitio r6. Six 4—kou►sck-d WO"L►+ci.V-j5 ® Dollars S 2- $&,4 Z I Cents" ` 7. 5,100 S.F. AC and Base Removal � Dollars s .64 s_3�z7� 'Cents C-1 S STATES LINM CON qTUCT10N, MM W Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount S. 1,450 S.F. Concrete Removal ® Dollars s s16z5 Cents 9. 2,620 S.F. V Concrete Paving ®C, Dollars ' r Cents s.41 s 1-4 r 63 10. 1.669 S.F. 4' Concrete Paving a Ahaf— Dollars � Cents s 3.6r s 692—� 1t. 127 L.F. 8' Fide Concrete Band Oln'L_ -- Dollars rCeArts ' 3 S 12. 16 L.F. Mow Strip - Concrete (V S i4ccY1 Dollars h J''Cents s /6.35 $Z 62-- 13. 3,111 S.F. A.C. Paving a_ 2�T�`�c-- Dollars s?. 1 s 1p606 Cents 14. 376 S.F. Interlocking Pavers with Base Concrete ✓G''� Dollars Ce14 nts STATES UNK CONSTRUCTiOK W. C-2s Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 15. 220 L.F. 8" Wide Curb `Concrete ® _ iXC C •+1,,,, _ Dollars S �j • 3 rj S 5 9 b r ' ents M 50 L.F. 180 High Concrete Bench (CQ"— Lu LIF r-) f Vfn" Dollars S JD%. Q f $ j3 7 -Cents 17. 5 EA. 36' High Block Pilasters Dollars $64 S Z 4 3 671 og, x ents IS. 15 L.F. Concrete Block Shower W211(42' high) C Dollars QQ S /d.5►4CJ s 1576 rents 19. 5 EA. Concrete Block Pilasters wl Plumbing for shower f rr c A � e� S �w S: 4 D ® lays is 20. 111 L.F. 35' High P.Y.C. Railing ® "t Dollars S prj S . 4.1XPants 21. 1 EA. Drinking Fountain ith Sunup. d rlul 4% Dollars $ �— nts C-3s STATES ! NN CONMUOOK NZ Item Estimated Item with unit price Unit Price Extended No. Quantity written in wards Amount. 22. 3 EA. Trash receptacle/holder r' eVotlars S5 5.7 $J' -�2cr-cll grit ents 23. 5 EA. Bike Rack (zDc?l"ciLu"dfe -Teve" 4 11-ve Dollars S 175 �3 S r--Cents 24. 1 L.S. Restroorp Bu' ding e rt OiiJ 561 C 0LLSQr• !q6, s 12- nts 25. 1 L.S. Site E ectricai and El to aI Service 4 T,s-hatcsccr.�jr.dre (� I Dollars S �d p p S -O rents 26. 1 L.S. Building Electrical .I�+ ! r. ti i♦r ltarrs S S ents 27. 7 EA. Remove, Store and R lant Palms Dollars S 3 S 2 Z 7&�_3% rents 28. 521 S.F. Turf - Sod Dollars $ STATES UNK CONSTRUCTION, INC C-45 Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 29. 277 S.F. Groundcover 0 Dollars s . Q s AM nts 30. 1,757 S.F. Fine Grade Dollars s • z3 s410 is 31. 1,757 S.F. Soil Amendments Dollars S s 1,477 L—L dents 32. 1,757 S.F. Irrigation System Dollars $ - o S 1070 B U r r C Cents 33. 1 EA. Automatic Controller ix t AgLtstyw Pollam d; kr� s S8440 � cents 34. 1,757 S.F. 90-day Landscape N aainter=ce Dollars s ;37 Se556 i11- nts 35. 432 EA. One gallon shrubs Dollars $ nts STATES UNN CONSTAUCilm in C-5 s STATEO ! INN CONSTRUCTION, IM C-bs Y� LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor, Portion of Work Name of Subcontractor and Address State License Number Class W09 c- �rlr.i A��or, MaSa.� Anaheim t3�+�1 E� ►-c. �. Ll 9 3z u 3 4 z 7 Elec , c.R P cts r t f ir. i*M1 G���n� +�CQ•,s wuc lO� j 5741-3-3 i�tats kid goo r -nee .12 7-20 fzouy G e « '► Ji Ih 4La -T'ticL ✓ 5 Cmr+�c� c �C.cf s ;-�t�, e� �3 ► % 9 7 A4 r s ,:. o- � rGi 0. ' } 6 , r T .•C ✓ (� 6 31 e, 97 O;& A s P t3 S Ur.'j R C k6 31 S r 5 W8E17- Lv a C w13f___ By submission of this proposal, the Bidder certifies: STATES L1N!( CONSTR";TlON,1NC: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. j Portion Name of Subcontractor and Address State License Class of Work Number i By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 8 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. i C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBAMTED VVMI BID state of California ss. County of Orange r , being first duly sworn deposes and says that he or she is p of a - lv% 1 it t-_ Ccwrl�x the parry making the foregoing id that the bid is not made in the interest of, or on the behalf of, any undisclosed person, annership, company, association, organization, or corporation; that the bid is genuine and not allusive or sham; that the bidder has not directly or indirectly induced or solicited any other idder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, onnived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall .frain from bidding; that the bidder has not in any manner, directly or indirectly, sought by greement, communication, or conference with anyone to fix the bid price, or that of any other idder, or to secure any advantage against the public body awarding the contract of anyone iterested in the proposed contract; that all statements contained in the bid are true; and, further, Sat the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown iereof, or the contents thereof, or divulged information or data relative thereto, or paid, and till not pay fee to any corporation, partnership, company association, organization, bid eposhory, or to any member or agent thereof to effectuate a collusive or sham bid. &TAM UNK CONMUCrION. M Name of Bidder ✓ti 1 �r a /1.9 a7o3 Address of BiddW DIM1A G.7pHMfF} ubscribed and sworn to before me this day of �-----f-- , i99 -. Nota yPUDIc ° a1°r xNo LOS ANMEs COUNW 1W Comm. Expires.lAN lfl 1047 IOTARY PU NOTARY SEAL C-4 UT LrrY AGREEMENT I1ONORABLE MAYOR AND CITY COUiI'CEL CITY OF HUIN'TLNGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as RESTROOM NUMBER ONE, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission: orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: STATES) UK( CV, gTrUCTION, RC Contractor N�ss�uN _ AU\f�c-, jN, Y -- ie C5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE; This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. STATES uric CONSTAIMMON, INM � C-6 COMPENSATION INSURANCE CERTMCATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: { :"3 117 /9 :9_ STAJE'jM%-r( rV"TPUCTSOK M Contractor C-7 BIDDER'S INFORMAITON BIDDER certifies that the following information is true and correct: STATES LItiIK COMMUCTION, INt Bidder Name Telephone Number tate (:ontractor'S License Expiration Date The work site was inspected by of our office on ,, M - , 19-cd. The following are persons, firms, and corporations having a principal interest in this proposal: M The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. -5f,-,te s L. K 4,�ti5f r-�a In Comp y y pame / ��- - •i� c�-sue-� -Signature of Bidder / Printed or Typed Signature TWdress of Bidder 30D 9 7 ( Telephone Number Subscribed and sworn to before me this f {?day of PA-11 , �1 NOTARY PUBLI DU4WA G. YOHMEM 19 COMM. i 9825 IS Wory Pub1c — Cdlfomla LOS ANGELES COUNTY QWW Comm. E)3**s JAN 10. 1997 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. I and Address Name and Telephone No. of Project Manager:�1L ► r» ;n (=!g --r>62--3A8'5 %�. /7nrti A arm % :�Pth► r,i....n P.e..ir�:M.l tVr.ri i�r7v�' E�t�nnvn �h�1 mount Name and Address 11 Name and Telephone No. of Project Manager:_ 5cluw c L. ram, �99-49Z/ r mount Ow 993 o r ':S74►•5 19.�3 A Sew At irle c s/P_ `, - - - - — — Name and Address Name and Telephone No. of Project Manager - Contract Amount Type ot Workate Completed C-10 STATES LINK CONSTRUCTION, INC. CONTRACTORS - ENGINEERS April 18, 1994 JOBS' REFERENCES: 1- Project: William Peak Park Improvements. Finished: May - 1993 , Amount: $ 320,000. Owner : City of Buena Park , 6650 Beach Blvd. Buena Park CA 90622. Contact Person: Nabil S. Henein - City Engineer. - Tel.: (714) 562 - 3685 Architect: Harris & Associates 4281 Katella Ave. y 100 Los Alatnitos CA 90720 Contact Person: David Volz -Tel. (714) 229 - 0900 Scope of Work: Demolition, Construction of new Pre -Engineered Restroom Facility.. Graining and Baseball Fields. 2- Project : Constriction of Public Works Facility. Finished: June - 1993, Amount: $465,000. Owner : City of Bell Gardens 7100 S. Garfield Ave. Bell Gardens CA 90201 C/O : Willdan Asso. 12900 Crossroads Parkway S., #200 Industry CA 91746 Tel. (310 ) 908 - 6200 Contact Person: Jim Church -Project Engineer. Architect: Meyer and Associates 23265 S. Pointe Dr. # 102 Laguna Hills CA93653 Contact Person: Randall K. Meyer - Tel. (71 4) 380 - 1151 Scope of Work: Demolition, Sitework, Renovation of Office Building and Cvllsti-LlCtlon of New CityYard. Attached Please Find a list of the Corporate Officers Jobs Experiences. 16617 Valley View Blvd., Cerritos, CA. 90701 - Ibl: (213) 926-6633 - Fax: (213) 926-4535 STATES LINK CONSTRUCTION, INC. CONTRACTORS • ENGINEERS PARTICIPATED PROJECTS (officers' Experiences) Ladell Elementary School, New Buildings Addition Cypress School District. 9500 Moody St. Cypress, Ca. 90630 Glendale Community College, Auditorium Remodel Glendale Community College District 1500 N. Verdugo Rd., Glendale, Ca. 91208 Hyperion Construction Division Building C-25 Bureau of Engineering, Hyperion Construction Div. City of Los Angeles Playa Del Rey, Ca. Covina City Hall and Public Building City of Covina 125 E. College St., Covina, Ca. 91723 Second Street School Remodeling Los Angeles Unified School District 1425 San Pedro St., Los Angeles, Ca. 90051 Franklin Elementary School Modernization Santa Ana Unified School District 1405 French St., Santa Ana, Ca. 92701 San Fernando City Hall City of San Fernando 117 MacNell St., San Fernando Ca. 91340 2,000,000 2,210,000 7,000,000 3,000,000 11300,000 1,100,000 2,000,000 16617 Valley View Blvd., Cerritos, CA. 90701 • Tel: (213) 926-6633 • Fax: (213) 926-4535 Hammel Street School, Los Angeles Unified School District. LA., CA.. Sheridan Street School, Los Angeles Unified School District. LA., CA.. Fire Station Boat Facilities, Los Angeles'Harbor Department. San.Pedro, CA.. Santa Monica Pier Carrousel Park, City of Santa Monica. Santa Monica, CA.. PAGE 2 $860,000 $1,260,000 $630,000 $1,150,000 CITY OF HUNTINGTON -BEACH 2000 MAIN STREET P. 0. BOX 190 Louis F. Sandoval Director ADDENDUM NUMBER ONE South Beach Restroom Number One CC-908 May 5, 1994 Notice to All Bidders: CALIFORNIA 92648 Public Works Department (714) 536-5431 The First Addendum is hereby issued to clarify the following items and/or discrepancies: Re: Bid Opening: The bid opening date has been changed to May 17, 1994 at 2:00 PM Re: Federal Funding Requirements: Contractor shall include in the bid proposal all costs and requirements associated with fulfilling the Federal Funding as specified within the enclosed attachments. Attachment A, B, C, and D are hereby made part of the contract documents. Re: Include in the bid package the funding source and number: State of California Department of Parks and Recreation LAND AND WATER CONSERVATION FUND PROGRAM PROJECT NO. 06-01343 Re: Pre -Bid Job Walk: There will NOT be a pre -bid job walk on this project, however, all bidders are encouraged to visit the job site prior to submitting a bid proposal. Very truly yours, Robert E. Eichblatt, P.E. City Engineer REE:RH:rh Attachments cc: Jim Engle, Deputy Director, Community Services Jack Miller, Construction Manager Geneil Dixon, Labor Compliance Randy Huttenberger, Project Manager File CC-908 "Misc. Corresp." This is to acknowledge receipt and review of Addendum Number One, dated May 5, 1994. It is understood that the revision of new documents shall be included -in the bid documents. 6tati* LIVY a4s� Company r By 01• Date State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION CERTIFICATION OF NONSEGREGATED FACILITIES Federally Assisted Projects The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their, _ services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding S10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Company: STATES LINK CONSTP1.10TION, INC. Im By: Title: Date: .-5117194 mbell ynC__Xce16�4z d /5&1e,4 DPR 542 (Rev. 1/82) 0 C� 11 Is RECEIYED C." YL "WrING 1'-,Ii RE,-, cit. C-A 'l STATES LINK CONSTR UC TION, INC 16617 Valley View Blvd. Cerritos, CA. 90701 TO: c-) cri 0 I-Icx ;-e\ s� tj o -5111194 SECTION C PROPOSAL for the RESTROOM NUMBER ONE from CASH CONTRACT No. 908 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 180 consecutive calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all C-1 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. oa Accompanying this proposal of bid, find `d6 J in the amount of $ 3d, a o 0. which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond% as the case may be). Bidder shall signify receipt of aII Addenda here, if any: Addenda No. Dart Received Bidder's Signawe r 5. G, 4 4 r' C-2 C LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render.service to the bidder on said contract in an amount in excess of ore -half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion: " of Work Name of Subcontractor and Address ,:.:.".':... '.. State License ` ; Number t ; ; Class r•n �aY' W � (Nn ravi'Q m Bewee �¢. rn a�cr'n (o3c'to�`� A C ► Z EG £? 1 e f' —�ec�'+�� c ' uc�� or►' u,s �n 55QA b CIO ew-, cew. GMra Goo-izz G5( 'Ccr� o t"J.3co-now=- S-.k wse. 66 1r C cs5dr: �%to/1?�S rya i� ons C. - W. 9 `7 G PLsLnnb{r Rah man-Z-aman� CIO •` I By submission of this proposal, the Bidder certifies.--, 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of County of iiM�"� 040 before me, DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared 4lh#i0 old / , NAME(S) OF SIGNER(S) ❑ personally known to me - OR -proved to me on the basis of satisfactory evidence to be th erso ) whose iaTI�(sare subscribed to the within instrument and ac- Wknowledged to me that h ShjOhey executed (Y:rZ,*8 =R " .R' the same in his�t elr authorized A T oc3U� � apacit s), and that by hi�heir q a ur ) on the instrument the per), f"�,�'T0,2� a entity upon behalf of which the w9M. son .acted, executed the instrument. WITNg,SFp my hand and official seal. 91GNATURE OF NOTARY OPTIONAL SECTIOP OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO IT�E OR TP , QO&UMENT C1 '/ C� Qti4'TL THE DOCUMENT DESCRIBED AT RIGHT: /�S'f/ AG"iICY l� Q v� 6t NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 1� NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange , being first duly sworn, deposes and says that he or she is of / ; ra a -42s ,4"C - the party making the foregoing bid that the bid not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. `2 3-7? (2,' Address o idler S, C f g 2 -7o Subscribed and sworn to before me this day of , 19. NOTARY PUBLIC C-4 NOTARY SEAL 1 1 1 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as RESTROOM NUMBER ONE, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance ' with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: , V 11 Q LA I �- Contractor er By C-5 1 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 t ' COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: ' I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ZRs 6AD-S l Mr — Contractor By - 'PT e Title Date: �� q C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. W-1 E CIII BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 72dGP,- S /r--C',- Bid er Name rn,14- Business Address Telephone Number n' .n I A, Ci. ct)(�3 State Contractor's License No. and Class Expiration Date ' The work site was inspected by —Ec mL Aso rt of our office on 19—114 The following are persons, firms, and corporations having a principal interest in this proposal: ���'-i �1, l C-9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of f��Ztyr-r•JlA- County of On t before me, DATE personally appeared E,G.. JANE DOE. NOTARY PUBLIC ❑ personally known to me - 411 - roved to me on the basis of satisfactonLevidence to be the Z&j6Zt) whose )dVare _ subscribed to the within instrument and ac- knowledged to me that he/Of they executed -eir (YNjMALMSE the same in his/ a authorized iMOTcam� pacit i} s), and that by his/ a their I nature on the instrument t arson N►Otnrt►t Da�.e.�Q,tf�-+ , 'the or the entity upon behalf of which >--Derambkacted, executed the instrument. � [YNiflu L REBE � WAr FFOW VVITTIESS my hand and ot`iclal seat. d �r c�°lga eCir=*r. siamfrutli OF NOTARY No. 51" OPTIONAL SECTION � CAPACITY CLAIMED BY SIGNER Trough statute does not require She Notary to fill In the data below, doing to may prove invaluable to Persons rerylrg on the downwA. [] INDIVIDUAL [] CORPORATE OFFICER(S) TITLE(S) PARTNER(S) LIMITED GENERAL [] ATTORNEY -IN -FACT TRUSTEE(S) [] GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAWE OF PFMwS) OR ENTITY!19) OPTIONAL SECTI THIS CERTIFICATE MUST BE ATTACHED TO 17 OR PE,OF U E THE DOCUMENT DESCRIBED AT RIGHT: //YY�I�I�Ll�hk NUMBER OF PAGES DATE OF DOCUMENT Though the dais requested here Is roll required by law. I/ It could prevent Iraudutert reattad+ment of this form. SIGNER(S) OTHER THAN NAMED ABOVE � 01993 NATIONAL NOTARY ASSOCIATION - 82M Rommel Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform I the contract for the proposed work and improvements in accordance with the plans 6d specifications set forth. Z G ompany Name , #: I - ig i re'-oi er OPrinted or yped Sig -nature /2�- Address of Bidder S.A c Ar q 27o r.-- � 141 7 4 4 —for 3 2-- c ,r Telephone Number aSubscribed and sworn to before me this I'-)_ day of Mat' , 190 . F"I"NOTARY PUBLIC' NOTARY SEAL ' Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: U (v��c`-Z6 -:Ichoa(?'-Q>'-J- Name and Address Name and Telephone No. of Project Manager: N91'5on r QS1 �1—Zs 77 f___ _ _ oa _ _I n . _ _ _ Contract Amount Type of Work Date Completed nn 2. 'Cu,S-n'ls'\ Sc kcJ ty.' &o'n Name and Address V 1�' R(' ZJ � �I.elSan 6I Name and Telephone No. of Project Manager: ��► ��7 7 O cQQ schoaQ-3 Lq q Contract Am2 ount Type o Work Date Completed 3. Name and Telephone No. of Project Manager: G r Cam `r err 4 -- 71 9-M PvT� 14 v v C-10 71 I cc: Jim Engle, Deputy Director, Community Services Jack Miller, Construction Manager Geneil Dixon, Labor Compliance Randy Huttenberger, Project Manager File CC-908 "Misc. Corresp." This is to acknowledge receipt and review of Addendum Number One, dated May 5, 1994. It is understood that the revision of new documents shall be included in the bid documents. z66 Company By 5' D G 4 Date - r ,,,%".... State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION CERTIFICATION OF NONSEGREGATED FACILITIES Federally Assisted Projects The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their, a services at any .location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he Mill obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. I Company: Project No.: 4C) a- Ii. B i v i i Date: DPR 542 (Rev. 1/82) 43 Wala al "slurnia — 7110 llatouccas Agency DEPARTMENT OF PARKS AND RECREATION %n h CONTRACTOR'S LIST OF FEDERAL AND NON-FEDERAL WORK IN BID CONDITION AREAS CONTRACTORS NAME DATE � r2� 1 I DID CONDITION AREA �_� ._ PROJECTNUMBER- 1. -FEDERALLY ASSISTED CONTRACTS NAME OF FEDERAL AGENCY FUNDING PROJECT PROJECT NAME AND ADDRESS OF PROJECT SITE PROJECT NUMBER CONTRACT DOLLAR AMT CONSTRUCTION START DATE PER CENT COMPLETE PROJEC' OMPLEI Cc�y s� � ; �. p� e•a� �- �s-�rcfr�•� fZe hatc:.i-i c✓1 �SOI— 84o z 4`7ck�v 4, � � q 4 Sol It. NON-FEDERAL CONTRACTS CONTRACT WITH PROJECT NAME AND ADDRESS OF PROJECT SITE PROJECT NUMBER CONTRACT DOLLAR AMT CONSTRUCTION START DATE PER CENT COMPLETE PROJECT COMPLEI r PROJECT BID SCHEDULE RESTROOM NUNMER ONE Item Estimated Itcm with unit Unit Price No. vtZuantity ;wntten�in words-' ; X SFr{ l �}':� �i /?y'}<`r' W-K :Amount< 1. • 620 L.F. Temporary C.L.F. Fencing ' ' ® Dol:ars 00 D4 Cents 2. • 1 L.S. Clearing/Grubbing ' t �D Dollars • o a = s $ 120490. Cents 3. : 20 C.Y. Cut . • ® Dollars o, ° S o20D, Cents 4. 165 C.Y. Fill i ® Dollars pa cX) s !o, s /6.sa Cents 5. ;? 145 C.Y. Import Soil (pure volume) j •• i. •" Dollars oo JD . Cents 6. 1 L.S. Building Demolition 4v Q Dollars s $ /a o00 Cents 7, 5,100 S.F. AC and Base Removal ® Dollars OD �41� $ /0,200 Cents — C-ls i 'Item: rry Estimated ar2} i d.: '•f'+�.i'�t=.Yrr. ..,. Item with'unit price° x z: v ' $¢> +R.!a+.. Unit Price j'1i.r 8va. r -F.xieadod No. r ' Quaauty w' written to words ry . {; u , $ z h :. t :� ,y >.. .� . Amount, v: S. 1,450 S.F. Concrete Removal Dollars 00 OO $ $ 2 M. Cents 9.. : 2,620 S.F. 6' Concrete Paving ' Dollars pp % �6O . Cents 10. ' 1,669 S.F. 40 Concrete Paving ® Dollars 00 0 0 $ $ 1335 Cents 11. 127 L.F. 8' Wide Concrete Band ® Dollars f D $ Cents 12. 16 L.F. Nfow Strip - Concrete Dollars 00 00 166. Cents 13. 3,111 S.F. -A. C. Paving Dollars 00 s 1t- $ I2 4 44. Cents 14. 376 S.F. Interlocking Pavers with Base Concrete ® Dollars CO OJ $ IO $ Cents C-Z$ VA :Item;; :'Estimated"" :Item -with unit'Brice.�,,y,�"_4,�:{.';,-t,��•>.;<-�..,y' Unit xteadad,}.�'�r.�: No. `written in words 15. 220 L.F. $" Wide Concrete Curb 00 00 Dollars s r 2, s N 6 40. Cents 16. 50 L.F. 18" High Concrete Bench 00 Wooers s 50o0 Cents 17. : 5 EA. 36High Block Pilasters Dollars 00 S SdO $ ren ts is. 15 L.F. Concrete Block Sbower Will (42' high) ® Dollars $ /OD. S 1 jQ0 Oo 19. ' 5 EA. Concrete Block Pilasters wl Plumbing for shower 00 s S Sop S C� Sao, Dollars Cents 20. 111 I—F. 360 High P.Y.C. Railing 00 00 Dollars S, �gp, S 9990.1 21. .- 1 EA. Drinking Fountain with Sump. 00 b , ® Dollars S $ Q avo rents { . • 1... t..rt..14--J..--I .. .... .'. ". , • . . C-3s i Hera f .•Estlmaied h:n wr . Win: vN ? R:i }�fkv <' ° UIIit Price X .. N. rExieIIdod =Iteoi with'unit price ; .WriiieLl ill'WOrClB x c$ -re' + {e- vQn y.. k Amount' 22. 3 EA. Trash receptacle/holder e� Oa Dollars S Sao. Cents • i 23. 5 EA. Bike Rack _ ® Dollars S ba 'SCO. S oQ �2 San. C.aty 24. 1 L.S. Restroom Building c3 Dollars 25. : 1 L.S. Site Electrical and Electrical Service OD Dollars Cents 26. . -`.1 L.S. ` Building Electrical 00 Dollars S S I.seoa Cents 27. 7 EA. Remove, Store and Replant Palms Dollars S CO 5e6 S 3sa d Cents 28. 521 S.F. Turf - Sod � Dollars S � •fo Cents C-4s ti S tCl11% 'EStuated! a -Item with Umfpcer ,:„„ices • ..; t a :f• s ::. £ t¢x YfUnit Pricc, . ,> <'�• >.,^•z a Extended y No. Quantttyti :. :wntten'in`words# ti' >> ,„ k.f •�'� f , *xV Amount ,` . > ... . 29. 277 S.F. Groundcover Oa 00 Dollars S 2. S �S 4 • r--ats 30. • •1,757 S.F. Fine Grade of O� ® Dollars S r-..ts 31. 1,737 S.F. Soil Amendments R 00 vo ® Dollar$ S C• 4t5 32. 1,757 S.F. Irrigation System �D OQ 4 '] 5 7• Dollars s S --_Cents 33. 1 FA. Automatic Controller Op 40 ® Dollars S C:�j n n S sew. mats 34. 1,757 S.F. 90-dsy Landscape Maintenance ® Dollars Ou S /. pa S 1 7 Y?. nts 35. -432-EA. One gallon shrubs 0 o ' ® Dollars a - r Cent oa f.9 �6s' 0'5$ TOTAL AMOUNT BID IN FIGURES: $ TOTAL AMOUNT BID IN WORDS: C-6s G 78G�QO-s (N C, /,23-72T- C-Jgatuft P(ft4(y,,8m(t qklol- S/0 7=eX.1 No qm tj ea� I u