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CITY OF COSTA MESA
PUBLIC WORKS AGREEMENT FOR
CITY PROJECT NO. 25-01
THIS PUBLIC WORKS AGREEMENT (“Agreement”), dated April 7, 2026
(“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the
State of California (“CITY”), and ELEGANT CONSTRUCTION, INC., a California
corporation (“CONTRACTOR”).
WHEREAS, CITY desires to construct the public improvements described below
under Paragraph 1, Scope of Work (the “Project”); and
WHEREAS, CITY has determined that CONTRACTOR is the lowest responsible
bidder; and
WHEREAS, CITY now desires to contract with CONTRACTOR to furnish
construction and related services for the Project; and
WHEREAS, CITY and CONTRACTOR desire to set forth their rights, duties and
liabilities in connection with the services to be performed.
NOW, THEREFORE, for and in consideration of the covenants and conditions
contained herein, the parties hereby agree as follows:
1.SCOPE OF WORK.
The scope of work generally consists of expansion of the skate park area, which
includes site preparation, grading, and storm drainage improvements, construction of new
concrete skatepark elements and flatwork; installation of synthetic turf, fencing,
landscaping, and irrigation modifications; electrical work for site, along with required
striping and signage at the parking lot, and final site restoration, in accordance with the
approved plans and contract documents.
The Work is further described in the “Contract Documents” referred to below.
The Project is known as the Costa Mesa Skate Park Expansion Project, City
Project No. 25-01 (the “Project”), located at 900 Arlington Drive, Costa Mesa, CA.
2.CONTRACT DOCUMENTS.
The complete Agreement consists of the following documents relating to the
Project:
(a)This Agreement;
ATTACHMENT 4
Project and Specification No. 25-01
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(b)CONTRACTOR’s bid, attached hereto as Exhibit A and incorporated herein;
(c)Bid package, including, but not limited to, notice inviting bids, Addenda One
to Three, American Rescue Plan Act (“ARPA”) Rider [Federal Award Identification
Number – SLFRP1607], Beneficiary Agreement Between the County of Orange and City
of Costa Mesa for American Rescue Plan Act Funding, complete plans, profiles, detailed
drawings and specifications, general provisions and special provisions. The bid package
is attached hereto as Exhibit B and incorporated herein;
(d)Faithful Performance Bond and Labor and Material Bond, including agent’s
Power of Attorney for each bond, and proof of Insurance attached hereto as Exhibit C;
(e)Drug-Free Workplace Policy, attached hereto as Exhibit D and incorporated
herein; and
(f)Provisions of the most current edition of The Greenbook: Standard
Specifications for Public Works Construction (“The Greenbook”). Provisions of The
Greenbook are incorporated by this reference as if fully set forth herein.
The documents comprising the complete Agreement will be referred to as the
“Contract Documents.”
All of the Contract Documents are intended to complement one another, so that
any Work called for in one and not mentioned in another is to be performed as if
mentioned in all documents.
In the event of an inconsistency in the Contract Documents, the terms of this
Agreement shall prevail over all other Contract Documents. The order of precedence
between the remaining Contract Documents shall be as set forth in The Greenbook.
The Contract Documents constitute the entire agreement between the parties and
supersede any and all other writings and oral negotiations.
3.CITY’S REPRESENTATIVE.
The CITY’s Representative is Irina Gurovich, referred to herein as the Project
Manager (“Project Manager”).
4.CONTRACTOR’S PROJECT MANAGER; PERSONNEL.
(a)Project Manager. CONTRACTOR’s Project Manager must be approved by
City. Such approval shall be at CITY’s sole discretion.
(b)Personnel. CITY has the right to review and approve any personnel who
are assigned to perform work under this Agreement. CONTRACTOR shall remove
personnel from performing work under this Agreement if requested to do so by CITY.
ATTACHMENT 4
Project and Specification No. 25-01
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This Paragraph 4 is a material provision of the Agreement.
5. SCHEDULE.
All Work shall be performed in accordance with the schedule approved on behalf
of CITY by the Project Manager, and in accordance with the time of performance set forth
in Paragraph 11 (Time of Performance).
6. EQUIPMENT - PERFORMANCE OF WORK.
CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and
materials necessary to perform and complete the Work in a good and workmanlike
manner in strict conformity with the Contract Documents.
The equipment, apparatus, facilities, labor and material shall be furnished and
such Work performed and completed as required in the plans and specifications to the
satisfaction of the Project Manager or his or her designee, and subject to his or her
approval.
7. COMPENSATION.
CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in
CONTRACTOR’s bid. CONTRACTOR’s total compensation shall not exceed Two Million
Eight Hundred Ninety-Eight Thousand Three Hundred Seventy-Five Dollars and Zero
Cents ($2,898,375.00).
8. ADDITIONAL SERVICES.
CONTRACTOR shall not receive compensation for any services provided outside
the scope of the Contract Documents unless such additional services, including change
orders, are approved in writing by CITY prior to CONTRACTOR performing the additional
services.
It is specifically understood that oral requests or approvals of such additional
services, change orders or additional compensation and any approvals from CITY shall
be barred and are unenforceable.
9. PAYMENTS TO CONTRACTOR.
On or before the last Monday of each and every month during the performance of
the Work, CONTRACTOR shall meet with the Project Manager or his or her designee to
determine the quantity of pay items incorporated into the improvement during that month.
A “Progress Payment Order” will then be jointly prepared, approved, and signed by the
Project Manager and the CONTRACTOR setting forth the amount to be paid and
providing for a five percent (5%) retention. Upon approval of the progress payment order
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Project and Specification No. 25-01
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by the Project Manager, or his or her designee, it shall be submitted to CITY’s Finance
Department and processed for payment by obtaining approval from the City Council to
issue a warrant.
Within three (3) days following City Council’s approval to issue a warrant, CITY
shall mail to CONTRACTOR a warrant for the amount specified in the progress payment
order as the amount to be paid. The retained five percent (5%) shall be paid to
CONTRACTOR thirty-five (35) days after the recording of the Notice of Completion of the
Work by the CITY with the Orange County Clerk-Recorder and after CONTRACTOR has
furnished releases of all claims against CITY by persons who furnished labor or materials
for the Work, if required by CITY.
Upon the request of CONTRACTOR and at its expense, securities equivalent to
the amount withheld pursuant to the foregoing provisions may be presented to CITY for
substitution for the retained funds. If CITY approves the form and amount of the offered
securities it will release the retained funds and will hold the securities in lieu thereof.
CONTRACTOR shall be entitled to any interest earned on the securities.
In the event that claims for property damage or bodily injury are presented to CITY
arising out of CONTRACTOR’s or any subcontractor’s work under this Agreement, CITY
shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five (35)
days from the mailing of any such notice to evaluate the claim and to settle it by whole or
partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If CITY
does not receive notice within the above-mentioned 35-day period that the claim has been
settled, and if the Project Manager, after consultation with the City Attorney, determines
that the claim is meritorious, CITY may pay the claim or a portion of it in exchange for an
appropriate release from the claimant, and may deduct the amount of the payment from
the retained funds that would otherwise be paid to CONTRACTOR upon completion of
the Work; provided, however, that the maximum amount paid for any one claim pursuant
to this provision shall be One Thousand Dollars ($1,000.00), and the maximum amount
for all such claims in the aggregate paid pursuant to this provision shall be Five Thousand
Dollars ($5,000.00).
10. PROMPT PAYMENT OF SUBCONTRACTORS.
CONTRACTOR agrees to pay each subcontractor under this Agreement for
satisfactory performance of its contract no later than seven (7) days from the receipt of
each payment the CONTRACTOR receives from CITY.
CONTRACTOR agrees further to release retainage payments to each
subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily
completed.
Any delay or postponement of payment from the above-referenced time frame may
occur only for good cause following written approval of the CITY.
ATTACHMENT 4
Project and Specification No. 25-01
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11. TIME OF PERFORMANCE.
CONTRACTOR shall commence Work by the date specified in CITY’s Notice to
Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be
completed within Three Hundred (300) calendar days from the first day of commencement
of the Work.
12. TERMINATION.
(a) Termination for Convenience. CITY may terminate this Agreement at any
time, with or without cause, by providing thirty (30) days’ written notice to CONTRACTOR.
(b) Termination for Breach of Contract.
(i) If CONTRACTOR refuses or fails to prosecute the Work or any
severable part of it with such diligence as will ensure its timely
completion, or if CONTRACTOR fails to complete the Work on time,
or if CONTRACTOR, or any subcontractor, violates any of the
provisions of the Contract Documents, the Project Manager may give
written notice to CONTRACTOR and CONTRACTOR’s sureties of
the CITY’s intention to terminate this Agreement; and, unless within
five (5) days after the serving of that notice, such conduct shall cease
and arrangements for the correction thereof be made to the
satisfaction of the CITY, this Agreement may be terminated at the
option of CITY effective upon CONTRACTOR’s receipt of a second
notice sent by the CITY indicating that the CITY has exercised its
option to terminate.
(ii) If CONTRACTOR is adjudged bankrupt or files for any relief under
the Federal Bankruptcy Code or State insolvency laws, this
Agreement shall automatically terminate without any further action or
notice by CITY.
(iii) If CONTRACTOR is in breach of any material provision of this
Agreement, CITY may immediately terminate this Agreement by
providing written notice to CONTRACTOR of same.
13. LIQUIDATED DAMAGES.
In the event the Work is not completed, for any reason, within the time required
including any approved extensions of time, and to the satisfaction of the Project Manager,
CITY may, in addition to any other remedies, equitable and legal, including remedies
authorized by Paragraph 12 (Termination) of this Agreement, charge to CONTRACTOR
or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to
One Thousand Seven Hundred Dollars ($1,700.00) as liquidated damages for each
calendar day beyond the date provided for the completion of such work.
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Project and Specification No. 25-01
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The parties hereto agree that the amount set forth above, as liquidated damages
constitutes a fair and reasonable estimate of the costs the CITY would suffer for each day
that the CONTRACTOR fails to meet the performance schedule. The parties hereby
agree and acknowledge that the delays in the performance schedule will cause CITY to
incur costs and expenses not contemplated by this Agreement.
14. PERFORMANCE BY SURETIES.
In the event CONTRACTOR fails or refuses to perform the Work, CITY may
provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 12
(Termination), of this Agreement. CITY shall immediately give written notice of such intent
to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties
shall have the right to take over and perform this Agreement; provided, however, that the
sureties must, within five (5) days after CITY’s giving notice of termination, (a) give the
CITY written notice of their intention to take over the performance of this Agreement; (b)
provide adequate assurances, to the satisfaction of the CITY, that the Work shall be
performed diligently and in a timely manner; and (c) must commence performance thereof
within five (5) days after providing notice to the CITY of their intention to take over the
Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY
may take over the Work and complete it, at the expense of CONTRACTOR, and the
CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages
including those referred to in Paragraph 13 (Liquidated Damages), incurred by CITY. In
such event, CITY may, without liability for so doing, take possession of such materials,
equipment, tools, appliances, Contract Documents and other property belonging to
CONTRACTOR as may be on the site of the Work and reasonably necessary therefor
and may use them to complete the Work.
15. DISPUTES PERTAINING TO PAYMENT FOR WORK.
Should any dispute arise respecting whether any delay is excusable, or its
duration, or the value of the Work done, or of any Work omitted, or of any extra Work
which CONTRACTOR may be required to do, or respecting any payment to
CONTRACTOR during the performance of this Agreement, such dispute shall be decided
by the Project Manager, and his or her decisions shall be final and binding upon
CONTRACTOR and its sureties.
16. SUPERINTENDENCE BY CONTRACTOR.
At all times during performance of the Work, CONTRACTOR shall give personal
superintendence or have a competent foreman or superintendent on the worksite, with
authority to act for CONTRACTOR.
17. INSPECTION BY CITY.
CONTRACTOR shall at all times maintain proper facilities and provide safe access
ATTACHMENT 4
Project and Specification No. 25-01
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for inspection by CITY to all parts of the Work and to all shops on or off-site where the
Work or portions of the Work, are in preparation. CITY shall have the right of access to
the premises for inspection at all times. However, CITY shall, at all times, comply with
CONTRACTOR’s safety requirements on the job site.
18. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.
CONTRACTOR warrants that it has examined the site of the Work and is familiar
with its topography and condition, location of property lines, easements, building lines
and other physical factors and limitations affecting the performance of this Agreement.
CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission,
and all approvals, licenses, or easements necessary for any operations conducted off the
premises owned or controlled by CITY. CONTRACTOR shall be responsible for the
proper care and protection of all materials delivered to the site or stored off-site and for
the Work performed until completion and final inspection and acceptance by CITY. The
risk, damage or destruction of materials delivered to the site or to Work performed shall
be borne by CONTRACTOR.
19. CONTRACT SECURITY AND GUARANTEE.
CONTRACTOR shall furnish, concurrently with the execution of this Agreement,
the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the
contract price as security for the faithful performance of this Agreement, and (2) a
separate surety bond in an amount equal to at least one hundred percent (100%) of the
contract price as security for the payment of all persons furnishing labor or materials in
connection with the Work under this Agreement. Sureties for each of the bonds and the
forms thereof shall be satisfactory to CITY. In addition, such sureties must be authorized
to issue bonds in California; sureties must be listed on the latest revision to the U.S.
Department of the Treasury Circular 570; and must be shown to have sufficient bonding
capacity to provide the bonds required by the Contract Documents.
CONTRACTOR shall provide a certified copy of the certificate of authority of the
surety issued by the Insurance Commissioner; a certificate from the clerk of the county in
which the court or officer is located that the certificate of authority of the surety has not
been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has,
that renewed authority has been granted; and copies of the surety’s most recent annual
statement and quarterly statement filed with the Department of Insurance pursuant to
Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the
Insurance Code.
CONTRACTOR guarantees that all materials used in the Work and all labor
performed shall be in conformity with the Contract Documents including, but not limited
to, the standards and specifications set forth in the most current edition of The Greenbook.
CONTRACTOR shall, at its own expense, make any and all repairs and replacements
that shall become necessary as the result of any failure of the Work to conform to the
aforementioned Contract Documents, and/or standard specifications; provided, however,
ATTACHMENT 4
Project and Specification No. 25-01
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that CONTRACTOR shall be obligated under this provision only to the extent of those
failures or defects of which CONTRACTOR is given notice within a period of twelve (12)
months from the date that the Notice of Completion is recorded.
The rights and remedies available to CITY pursuant to this provision shall be
cumulative with all rights and remedies available to CITY pursuant to statutory and
common law, which rights and remedies are hereby expressly reserved, and neither the
foregoing guarantee by CONTRACTOR nor its furnishing of the bonds, nor acceptance
thereof by CITY, shall constitute a waiver of any rights or remedies available to CITY
against CONTRACTOR.
20. INDEMNIFICATION.
CONTRACTOR agrees to protect, defend, indemnify and hold harmless CITY and
County of Orange (“COUNTY”) and their respective elected and appointed boards,
officers, agents, and employees from any and all claims, liabilities, expenses, or damages
of any nature, including attorneys’ fees, for injury to or death of any person, and for injury
or damage to any property, including consequential damages of any nature resulting
therefrom, arising out of or in any way connected with the performance of this Agreement.
The defense obligation provided for hereunder shall apply without any advance showing
of negligence or wrongdoing by the CONTRACTOR, its employees, and/or authorized
subcontractors, but shall be required whenever any claim, action, complaint, or suit
asserts as its basis the negligence, errors, omissions or misconduct of the
CONTRACTOR, its employees, and/or authorized subcontractors, and/or whenever any
claim, action, complaint or suit asserts liability against the CITY and COUNTY, its
respective elected officials, officers, agents and employees based upon the work
performed by the CONTRACTOR, its employees, and/or authorized subcontractors under
this Agreement, whether or not the CONTRACTOR, its employees, and/or authorized
subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding
the foregoing, the CONTRACTOR shall not be liable for the defense or indemnification of
the CITY and COUNTY for claims, actions, complaints or suits arising out of the sole
active negligence or willful misconduct of the CITY and COUNTY. This provision shall
supersede and replace all other indemnity provisions contained either in the CITY’s
specifications or CONTRACTOR’s proposal, which shall be of no force and effect.
CONTRACTOR shall comply with all of the provisions of the Workers’
Compensation insurance laws and Safety in Employment laws of the State of California,
including the applicable provisions of Divisions 4 and 5 of the California Labor Code and
all amendments thereto and regulations promulgated pursuant thereto, and all similar
State, Federal or local laws applicable; and CONTRACTOR shall indemnify and hold
harmless CITY and COUNTY from and against all claims, liabilities, expenses, damages,
suits, actions, proceedings and judgments, of every nature and description, including
attorney fees, that may be presented, brought or recovered against CITY and COUNTY
for or on account of any liability under or failure to comply with any of said laws which
may be incurred by reason of any Work performed under this Agreement by
CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR.
ATTACHMENT 4
Project and Specification No. 25-01
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CITY and COUNTY do not, and shall not, waive any rights against CONTRACTOR
which it may have by reason of the above hold harmless agreements, because of the
acceptance by CITY and COUNTY or the deposit with CITY and COUNTY by
CONTRACTOR of any or all of the insurance policies described in Paragraph 21
(Insurance) of this Agreement.
The hold harmless agreements by CONTRACTOR shall apply to all liabilities,
expenses, claims, and damages of every kind (including but not limited to attorneys’ fees)
incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR
or any subcontractor or others performing on behalf of CONTRACTOR, whether or not
such insurance policies are applicable. CONTRACTOR shall require any and all tiers of
subcontractors to afford the same degree of indemnification to the CITY and COUNTY
and their elected and appointed boards, officers, agents, and employees that is required
of CONTRACTOR and shall incorporate identical indemnity provisions in all contracts
between CONTRACTOR and all tiers of its subcontractors.
In the event that CONTRACTOR and CITY and COUNTY are sued by a third party
for damages caused or allegedly caused by negligent or other wrongful conduct of
CONTRACTOR, or by a dangerous condition of CITY’s and COUNTY’s property created
by CONTRACTOR or existing while the property was under the control of
CONTRACTOR, CONTRACTOR shall not be relieved of its indemnity obligation to CITY
and COUNTY by any settlement with any such third party unless that settlement includes
a full release and dismissal of all claims by the third party against the CITY and COUNTY.
21. INSURANCE.
(a) Minimum Scope and Limits of Insurance. CONTRACTOR shall not
commence work under this Agreement until it has obtained all insurance required under
this Paragraph 21 and CITY has approved the insurance as to form, amount, and carrier,
nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar
insurance required of the subcontractor has been obtained and approved.
CONTRACTOR shall obtain, maintain, and keep in full force and effect during the
life of this Agreement all of the following minimum scope of insurance coverages with an
insurance company admitted to do business in California, rated “A,” Class X, or better in
the most recent Best’s Key Insurance Rating Guide, and approved by CITY:
(i) Commercial general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal injury
or bodily injury with a policy limit of not less than One Million Dollars
($1,000,000.00) per occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or
shall be twice the required occurrence limit.
ATTACHMENT 4
Project and Specification No. 25-01
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(ii) Business automobile liability for owned vehicles, hired, and non-
owned vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00) combined single limit per accident for bodily injury
and property damage.
(iii) Workers’ compensation insurance as required by the State of
California, with Statutory Limits, and Employer’s Liability insurance
with a limit of no less than One Million Dollars ($1,000,000.00) per
accident for bodily injury or disease. CONTRACTOR agrees to
waive, and to obtain endorsements from its workers’ compensation
insurer waiving subrogation rights under its workers’ compensation
insurance policy against the CITY and COUNTY, its officers, agents,
employees, and volunteers arising from work performed by
CONTRACTOR for the CITY and COUNTY and to require each of
its subcontractors, if any, to do likewise under their workers’
compensation insurance policies.
(iv) Umbrella or excess liability insurance that will provide bodily injury,
personal injury and property damage liability coverage at least as
broad as the primary coverages set forth above, including
commercial general liability, automobile liability, and employer’s
liability. Such policy or policies shall include the following terms and
conditions:
(1) A drop down feature requiring the policy to respond in the
event that any primary insurance that would otherwise have
applied proves to be uncollectable in whole or in part for any
reason;
(2) Pay on behalf of wording as opposed to reimbursement;
(3) Concurrency of effective dates with primary policies;
(4) Policies shall “follow form” to underlying primary policies; and
(5) Insureds under primary policies shall also be insureds under
the umbrella or excess policies.
(b) Endorsements. The commercial general liability insurance policy and
business automobile liability policy shall contain or be endorsed to contain the following
provisions:
(i) Additional insureds: The City of Costa Mesa and the County of
Orange (COUNTY) and their respective elected and appointed
boards, officers, officials, agents, employees, and volunteers are
additional insureds with respect to: liability arising out of activities
performed by or on behalf of the CONTRACTOR pursuant to its
contract with the City; products and completed operations of the
CONTRACTOR; premises owned, occupied or used by the
ATTACHMENT 4
Project and Specification No. 25-01
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CONTRACTOR; automobiles owned, leased, hired, or borrowed by
the CONTRACTOR.”
(ii) Notice: “Said policy shall not terminate, nor shall it be canceled nor
the coverage reduced, until thirty (30) days after written notice is
given to CITY.”
(iii) Other Insurance: “CONTRACTOR’s insurance coverage shall be
primary insurance as respects the City of Costa Mesa and the
COUNTY, and its respective officers, officials, agents, employees,
and volunteers. Any other insurance maintained by the City of Costa
Mesa and/or the COUNTY shall be excess and not contributing with
the insurance provided by this policy.”
(c) Reporting Provisions. Any failure of CONTRACTOR to comply with the
reporting provisions of the policies shall not affect coverage provided to the City of Costa
Mesa and/or the COUNTY, and its respective officers, officials, agents, employees, and
volunteers.
(d) Insurance Applies Separately. CONTRACTOR’s insurance shall apply
separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer’s liability.
(e) Deductible or Self-Insured Retention. If any of such policies provide for a
deductible or self-insured retention to provide such coverage, the amount of such
deductible or self-insured retention shall be approved in advance by CITY. No policy of
insurance issued as to which the CITY or COUNTY is an additional insured shall contain
a provision which requires that no insured except the named insured can satisfy any such
deductible or self-insured retention.
(f) Proof of Insurance. Prior to commencement of the Work, CONTRACTOR
shall furnish CITY, through the Project Manager, proof of compliance with the above
insurance requirements in a form satisfactory to City’s Risk Management.
(g) Non-Limiting. Nothing in this Paragraph 21 shall be construed as limiting in
any way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
22. PREVAILING WAGE REQUIREMENTS.
(a) Prevailing Wage Laws. CONTRACTOR is aware of the requirements of
Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California
Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the
performance of other requirements on “public works” and “maintenance” projects. This
Project is a “public works” project and requires compliance with the Prevailing Wage
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Laws. CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials,
officers, employees and agents free and harmless from any claim or liability arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws.
(b) Payment of Prevailing Wages. CONTRACTOR shall pay the prevailing
wage rates for all work performed under this Agreement. When any craft or classification
is omitted from the general prevailing wage determinations, CONTRACTOR shall pay the
wage rate of the craft or classification most closely related to the omitted classification. A
copy of the general prevailing wage rate determination is on file in the Office of the City
Clerk and is incorporated into this Agreement as if fully set forth herein. CONTRACTOR
shall post a copy of such wage rates at all times at the project site(s).
(c) Legal Working Day. In accordance with the provisions of Labor Code
Section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR and any
subcontractor(s) of CONTRACTOR shall comply with the provisions of the Labor Code
regarding eight (8)-hour workday and 40-hour work week requirements, and overtime,
Saturday, Sunday, and holiday work. Work performed by CONTRACTOR’s or any
subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any
one week, must include compensation for all hours worked in excess of eight (8) hours
per day, or 40 hours during any one week, at not less than one and one-half times the
basic rate of pay. CONTRACTOR shall forfeit as a penalty to CITY Twenty-Five Dollars
($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in
the execution of the Work by CONTRACTOR or by any subcontractor(s) of
CONTRACTOR, for each calendar day during which such worker is required or permitted
to the work more than eight (8) hours in one calendar day or more than 40 hours in any
one calendar week in violation of the Labor Code.
(d) Apprentices. CONTRACTOR shall comply with the provisions of Labor
Code Section 1777.5 concerning the employment of apprentices on public works projects.
CONTRACTOR shall be responsible for ensuring compliance by its subcontractors with
Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to Labor Code Section 1776, CONTRACTOR
and any subcontractor(s) shall keep accurate payroll records, 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, worker, or other employee employed by CONTRACTOR or any subcontractor
in connection with this Agreement. Each payroll record shall contain or be verified by a
written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and (2) The
employer has complied with the requirements of Sections 1771, 1881, and 1815 of the
Labor Code for any work performed by his or her employees on this Project. The payroll
records shall be certified and shall be available for inspection at all reasonable hours in
accordance with the requirements of Labor Code Section 1776. CONTRACTOR shall
also furnish each week to CITY’s Project Administration Division a statement with respect
to the wages of each of its employees during the preceding weekly payroll period.
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(f) Registration with DIR. CONTRACTOR and any subcontractor(s) of
CONTRACTOR shall comply with the provisions of Labor Code Section 1771 and Labor
Code Section 1725.5 requiring registration with the DIR.
23. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall, at its own cost and expense, comply with all applicable local,
state, and federal laws, regulations, and requirements in the performance of this
Agreement, including but not limited to laws regarding health and safety, labor and
employment, and wage and hours.
24. ADDITIONAL CONTRACT PROVISIONS – State. Contractor shall comply
with all of the terms and conditions of the documents included in Exhibit “A”, specifically,
State of California – Natural Resources Agency Department of Parks and Recreation
Grant Contract, attached hereto and incorporated herein by this reference as though set
forth in full.
25. DRUG-FREE WORKPLACE POLICY.
CONTRACTOR, upon notification of the award of this Agreement, shall establish
a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in
the workplace, the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace, and the employee assistance programs available
to employees. Each employee engaged in the performance of a CITY contract must be
notified of this Drug-Free Awareness Program and must abide by its terms.
CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100-5,
attached hereto. Failure to establish a program, notify employees, or inform the CITY of
a drug-related workplace conviction will constitute a material breach of contract and cause
for immediate termination of the contract by the CITY.
26. NON–DISCRIMINATION.
In performing this Agreement, CONTRACTOR will not engage in, nor permit its
agents to engage in, discrimination in employment of persons because of their race,
religion, color, national origin, ancestry, physical handicap, medical condition, marital
status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Section 1735 of the California Labor Code.
27. PROVISIONS CUMULATIVE.
The provisions of this Agreement are cumulative and in addition to, and not in
limitation of, any other rights or remedies available to CITY.
28. NOTICES.
ATTACHMENT 4
Project and Specification No. 25-01
14
It shall be the duty and responsibility of CONTRACTOR to notify all tiers of
subcontractors and material men of the following special notice provision; namely, all
preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to
no other department, and shall be either personally delivered or sent by certified mail,
postage prepaid.
All other notices shall be in writing and delivered in person or sent by certified mail,
postage prepaid. Notices required to be given to CITY pursuant to this Agreement shall
be addressed as follows:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Irina Gurovich
Notices required to be given to CONTRACTOR shall be addressed as follows:
Elegant Construction, Inc.
15375 Barranca Parkway, Suite J-103
Irvine, CA 92618
Attn: Hazen Almassry, CFO/Vice President
Notices required to be given to CONTRACTOR’s sureties shall be addressed as
follows:
_____________________________
_______________________________
_______________________________
Attn: _________________________
29. INDEPENDENT CONTRACTOR.
The parties hereto acknowledge and agree that the relationship between CITY and
CONTRACTOR is one of principal and independent contractor and no other. All personnel
to be utilized by CONTRACTOR in the performance of this Agreement shall be employees
of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries
and wages, employer’s social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
Nothing contained in this Agreement shall create or be construed as creating a
partnership, joint venture, employment relations, or any other relationship except as set
forth between the parties. The parties specifically acknowledge and agree that
CONTRACTOR is not a partner with CITY, whether general or limited, and no activities
of CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be
interpreted by any of the parties hereto as establishing any type of business relationship
other than an independent contractor relationship.
30. PERS ELIGIBILITY INDEMNIFICATION.
ATTACHMENT 4
Project and Specification No. 25-01
15
In the event that CONTRACTOR or any employee, agent, or subcontractor of
CONTRACTOR providing services under this Agreement claims or is determined by a
court of competent jurisdiction or the California Public Employees’ Retirement System
(PERS) to be eligible for enrollment in PERS as an employee of the CITY,
CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any
employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR
or its employees, agents, or subcontractors, as well as for the payment of any penalties
and interest on such contributions, which would otherwise be the responsibility of CITY.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, CONTRACTOR and any of its employees, agents, and
subcontractors providing service under this Agreement shall not qualify for or become
entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any
incident of employment by CITY, including but not limited to eligibility to enroll in PERS
as an employee of CITY and entitlement to any contribution to be paid by CITY for
employer contribution and/or employee contributions for PERS benefits.
31. VALIDITY.
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any of the other provisions of this Agreement.
32. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any legal action relating to or arising out of this Agreement shall
be subject to the jurisdiction of the County of Orange, California.
33. NO THIRD PARTY BENEFICIARY RIGHTS.
This Agreement is entered into for the sole benefit of the CITY and CONTRACTOR
and no other parties are intended to be direct or incidental beneficiaries of this Agreement
and no third party shall have any right in, under or to this Agreement.
34. ASSIGNABILITY.
This Agreement may not be transferred or assigned by either party, or by operation
of law, to any other person or persons or business entity, without the other party’s written
permission. Any such transfer or assignment, or attempted transfer or assignment,
without written permission, may be deemed by the other party to constitute a voluntary
termination of this Agreement and this Agreement shall thereafter be deemed terminated
and void.
35. WAIVER.
ATTACHMENT 4
Project and Specification No. 25-01
16
No waiver of any provision of this Agreement shall be effective unless in writing
and signed by a duly authorized representative of the party against whom enforcement
of a waiver is sought referring expressly to this Paragraph. The waiver of any right or
remedy in respect to any occurrence or event shall not be deemed a waiver of any right
or remedy in respect to any other occurrence or event, nor shall any waiver constitute a
continuing waiver.
36. HEADINGS.
Section and subsection headings are not to be considered part of this Agreement,
are included solely for convenience, and are not intended to modify or explain or to be a
full or accurate description of the content thereof.
37. CONSTRUCTION.
The parties have participated jointly in the negotiation and drafting of this
Agreement and have had an adequate opportunity to review each and every provision of
the Agreement and submit the same to counsel or other consultants for review and
comment. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the
parties and in accordance with its fair meaning. There shall be no presumption or burden
of proof favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement.
38. COUNTERPARTS.
This Agreement may be executed in one or more counterparts by the parties
hereto. All counterparts shall be construed together and shall constitute one Agreement.
39. CORPORATE AUTHORITY.
The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that by
doing so, the parties hereto are formally bound to the provisions of this Agreement.
40. EXECUTIVE ORDER N-6-22 RUSSIA SANCTIONS.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the
EO) regarding Economic Sanctions against Russia and Russian entities and individuals.
"Economic Sanctions" refers to sanctions imposed by the U.S. government in response
to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO
directs state agencies to terminate contracts with, and to refrain from entering any new
contracts with, individuals or entities that are determined to be a target of Economic
Sanctions. This Executive Order extends to recipients of any State Grants (Grantee).
Grantees include those who have contracted or will contract to receive State grants funds.
Accordingly, should the State determine that a Grantee is a target of Economic Sanctions
ATTACHMENT 4
Project and Specification No. 25-01
17
or is conducting prohibited transactions with sanctioned individuals or entities, that shall
be grounds for termination of this agreement. The State shall provide the Grantee
advance written notice of such termination, allowing the Grantee at least 30 calendar days
to provide a written response. Termination of any contract found to be in violation of this
Executive Order shall be at the sole discretion of the State.
[Signature page follows.]
ATTACHMENT 4
Project and Specification No. 25-01
18
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF COSTA MESA
A municipal corporation
__________________________________ Date: _____________________
Cecilia Gallardo-Daly
City Manager
CONTRACTOR
__________________________________ Date: _____________________
Signature
__________________________________
Name and Title
ATTEST:
__________________________________ Date: _____________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: _____________________
Kimberly Hall Barlow
City Attorney
ATTACHMENT 4
Project and Specification No. 25-01
19
APPROVED AS TO INSURANCE:
__________________________________ Date: _____________________
Ruth Wang
Risk Management
APPROVED AS TO PURCHASING:
__________________________________ Date: _____________________
Carol Molina
Finance Director
DEPARTMENTAL APPROVAL:
__________________________________ Date: _____________________
Raja Sethuraman
Public Works Director
__________________________________ Date: _____________________
Irina Gurovich
Project Manager
ATTACHMENT 4
EXHIBIT A
CONTRACTOR’S BID
ATTACHMENT 4
Project and Specifications 25-01
Skate Park Expansion
PROPOSAL FOR THE
SKATE PARK EXPANSION (900 ARLINGTON DR, COSTA MESA)
CITY PROJECT NO. 25-01
The Honorable City Council
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Dear Councilmembers:
In compliance with the NOTICE INVITING BIDS FOR THE COSTA MESA SKATE PARK
EXPANSION, CITY PROJECT NO. 25-01, a copy which is hereto attached, the undersigned
has carefully examined the location of the proposed Work, the Plans, Specifications and other
Contract Documents and is therefore satisfied as to the conditions to be encountered, as to
the character, quality and quantity of work to be performed and materials to be furnished and
as to the requirements of the specifications and the Contract. It is mutually agreed that the
submission of a proposal shall be considered prima facie evidence that the BIDDER has
made such examination.
If awarded the Contract, the undersigned agrees to commence the Work under the Contract
WITHIN TEN (10) WORKING DAYS AFTER DATE OF CONTRACT, AND COMPLETE SAID
WORK WITHIN THREE HUNDRED CALENDAR (300) DAYS from the first day of
commencement of such work unless legal extension is granted in accordance with the terms
set forth in the specifications, and to perform and complete the Work as shown on the Plans
and in accordance with the Specifications and other Contract Documents, and to furnish all
labor, materials, tools and equipment necessary to complete the Work in-place therefor, in the
manner and time herein prescribed at the following prices, to wit:
TOTAL BASE BID AMOUNT (in Figures):
TOTAL BASE BID AMOUNT (in Words):
___________________________________________________________________________
TOTAL BASE BID PLUS ADDITIVE ALTERNATE BID 1 AMOUNT (in figures):
____________
Bidder's Initials
P-1
H.A
$2,898,375.00
Two million eight hundred ninety-eight thousand three hundred seventy-five
$3,235,525.00
ATTACHMENT 4
Project and Specifications 25-01
Skate Park Expansion
____________
Bidder's Initials
PROPOSAL
EXPANSION OF THE COSTA MESA SKATE PARK
Base Bid
NO. DECRIPTION EST.
QTY UNIT
UNIT
PRICE
TOTAL
AMOUNT
1 Mobilization (5% Maximum), Project
Scheduling, and Project Record 1 LS $ $
2 Traffic Control and Work Site Protection 1 LS $ $
3 Demolition and Site Clearing 1 LS $ $
4 Water Pollution Control 1 LS $ $
5 NDS 900 Square Catch Basin with 991 Atrium
Green Traffic Grate 1 EA $ $
6 NDS 900 Square Catch Basin with Square
Traffic Grate (Heel Proof) 4 EA $ $
7 18" x 18" Brooks Drain Box (Overflow
Drainage Structure) 1 EA $ $
8 12" x 12" Square Area Drain with Solid Cover 1 EA $ $
9 4" Diameter PVC SDR35 Drain Pipe 105 LF $ $
10 6" Diameter PVC SDR35 Drain Pipe 400 LF $ $
11 8" Diameter PVC SDR35 Drain Pipe 425 LF $ $
12 Parkway Drain 1 EA $ $
13 MC-3500 Stormtech Unit 1 EA $ $
14 Sump Pump and Force Main 1 LS $ $
15 Remove Existing Drainage Outlet Structure 1 LS $ $
16 Tree Removals - 4" DIA. and Less 5 EA $ $
17 Tree Removals - Larger than 4" DIA 11 EA $ $
18
Traffic Striping and Signage including
Identification, directional and informational
signs (**)
1 LS $ $
Subtotal (Page P-1b) $____________
H.A
$100,000.00 $10,000.00 $50,000.00
$25,000.00
$5,000.00
$5,000.00
$2,000.00
$10,000.00
$100.00
$150.00
$200.00
$10,000.00
$130,000.00
$100,000.00
$10,000.00
$1,800.00
$1,800.00
$10,000.00
$100,000.00
$10,000.00
$50,000.00
$25,000.00
$5,000.00
$20,000.00
$2,000.00
$10,000.00
$10,500.00
$60,000.00
$85,000.00
$10,000.00
$130,000.00
$100,000.00
$10,000.00
$9,000.00
$19,800.00
$10,000.00
666,300
ATTACHMENT 4
Project and Specifications 25-01
Skate Park Expansion
____________
Bidder's Initials
P-1b (rev 2)
PROPOSAL (continued)
EXPANSION OF THE COSTA MESA SKATE PARK
Base Bid
NO. DESCRIPTION EST.
QTY UNIT
UNIT
PRICE
TOTAL
AMOUNT
19 PCC Sidewalk (per Civil Plans) 270 SF $ $
20 Synthetic Turf w/ Hydro Chill Infill 1,545 SF $ $
21 PCC Maintenance Band (8" Wide) 225 LF $ $
22 Tube Steel Fence (4' Ht.) 225 LF $ $
23 Cobble 475 SF $ $
24 PCC Skatepark Paving (**) 1 LS $ $
25 PCC Ramps, Low Walls, and Features (**) 1 LS $ $
26 Shotcrete (**) 1 LS $ $
27 Skatepark Metal Edging (**) 1 LS $ $
28 Soil Preparation and Fine Grading 14,430 SF $ $
29 Existing Tree Protection 1 LS $ $
30 Weed Abatement 14,430 SF $ $
31 Turf from Sod 14,430 SF $ $
32 Irrigation Modification (**) 1 LS $ $
33 Construction Surveying 1 LS $ $
34 Boulder Dedication Plaque 1 EA $ $
35 Site Grading 1 LS $ $
36 90-Day Maintenance 1 LS $ $
37 Allowances 1 FA $120,000 $120,000
38 Proposed Musco Lighting (**) 1 LS $ $
Subtotal (Page P-1b (rev2) $______________
BASE BID GRAND TOTAL (PAGE P-1a plus P-1b(rev2) $______________
H.A
$50.00 $45.00
$200.00
$160.00
$70.00 $350,000
$315,000
$489,000
$140,000
$8.00
$5,000
$0.50
$1.50 $70,000
$30,000
$1,500.00
$120,000.
$5,000.00
$13,500.00
$69,525.00
$45,000.00
$36,000.00
$33,250.00$350,000.00
$315,000.00
$489,000.00
$140,000.00
$115,440.00
$5,000.00
$7,215.00
$21,645.00$70,000.00
$30,000.00
$1,500.00
$120,000.00
$5,000.00
245,000 245000
2,232,075
2,898,375
ATTACHMENT 4
Project and Specifications 25-01
Skate Park Expansion
The award of the Contract shall be based on the lowest responsive Base Bid amount.
Should the CITY authorize the Base Bid and Additive Alternate Bid, then the award
amount shall be based on the lowest responsive Bid Amount determined as Base Bid
plus Total Bid Amount of Additive Alternate Bid Item).
The City reserves the right to delete one or more bid items and/or to increase and/or
to decrease bid items’ quantities.
The CITY also reserves the right to reject all Bids.
________________
Bidder's Initials
P-1c(rev)
PROPOSAL (continued)
EXPANSION OF THE COSTA MESA SKATE PARK
ADDITIVE ALTERNATIVES
NO. DECRIPTION EST.
QTY UNIT
UNIT
PRICE
TOTAL
AMOUNT
C39 Cameras/ Conduit (**) 1 LS $ $
C40 Musco Lighting Retrofit 1 LS $ $
TOTAL ADDITIVE ALTERNATE BID:
$_______________
TOTAL ADDITIVE ALTERNATE BID AMOUNT (in Figures):
_____________________________________________________________________________
TOTAL ADDITIVE ALTERNATE BID AMOUNT (in Words):
______________________________________________________________________________
TOTAL BASE BID + ALTERNATIVE BID AMOUNT (In Figures):
_______________________________________________________________________
H.A
$220,000.00
$117,150.00
$220,000.00
$117,150.00
337,150
Three Hundred Thirty-Seven Thousand one Hundred Fifty dollars
$3,235,525.00
337,150
Three million two hundred thirty-five thousand five hundred twenty-five
ATTACHMENT 4
Project and Specifications 25-01
Skate Park Expansion
P-1C
PROPOSAL (CONTINUED)
NOTES:
1. The accuracy of estimate quantities as shown is not guaranteed; the Bidder
shall make his/her own estimate from the drawings and field review for
verification. If the unit price and the total amount are different, the unit price will
control the bid. Payment shall be based on actual work done and/or actual
quantities used.
2. The City reserves the right to delete one or more bid items and/or to increase
or decrease bid items’ quantities, at no additional cost to the City.
3. (*) Allowance is for unforeseen work not included in the contract documents
and to be included in the total bid amount as identified as follows. Use of the
allowance will be at the sole discretion of the City and must be authorized in
writing at the discretion of the City. This Bid item will cover unforeseen work
that is not included in the contract documents. Any money used from the
project allowance will be authorized via an Allowance Disbursement Form at
the City’s sole discretion. Any amount of money remaining in the Allowance line
item upon completion of the Project will be deducted from the Contract by
Deductive Change Order for the full amount(s) remaining therein. The
Contractor has no beneficial interest in, and/or claim to, the Allowances and
hereby disclaims any and all such interests.
4. (**) Schedule of Values shall be submitted before 4:00 PM of the 5th business
day following the bid opening. Price includes the indirect cost and markup.
5. FA designates force account. Payment shall be made on a time and materials
basis, only if directed by the Engineer.
6. Request for Information shall be submitted before 2PM Thursday, January 8,
2026.
7. (F) Designates Final Pay Item. When an item of work is designated as “FINAL
PAY ITEM” in the Specifications, the estimated quantity for that item of work
shall be the final pay quantity, unless the dimensions of any portion of that item
are revised by the Engineer, or the item or any portion of the item is eliminated.
If the dimensions of any portion of the item are revised, and the revisions result
in an increase or decrease in the estimated quantity of that item of work, the
final pay quantity for the item will be revised in the amount represented by the
changes in the dimensions. If a final pay item is eliminated, the estimated
quantity for the item will be eliminated. If a portion of a final pay item is
eliminated, the final pay quantity will be revised in the amount represented by
the eliminated portion of the item of work.
The estimated quantity for each item of work designated as “FINAL PAY ITEM”
in the Specifications, shall be considered as approximate only, and no
guarantee is made that the quantity which can be determined by computations,
based on the details and dimensions shown on the plans, will equal the
estimated quantity. No allowance will be made in the event that the quantity
based on computations does not equal the estimated quantity. In case of
discrepancy between the quantity shown in the Engineer’s Estimate for a final
pay item and the quantity or summation of quantities for the same item shown
on the plans, payment will be based on the quantity shown in the Engineer’s
Estimate.
____________
Bidders Initials
H.A
ATTACHMENT 4
Project and Specifications 25-01
Skate Park Expansion
P-1d
ATTACHMENT 4
Project and Specification No. 25-01
P-2 PROPOSAL
PROPOSAL
Base Bid (Continued)
(Please Type or Print)
Total Amount for Base Bid (in written words)
($ )
in figures
Contractor's Lawful Name: _______________________________________________
Bidder's Name: Bidder's Initials:
Contractor's License No. Expiration:
Contractor's Taxpayer I.D. Number
Contractor's DIR Registration Number:
Signature: Date:
Contractor's Address:
Telephone Number:( ) Mobile No.:( ) ___________
Fax Number: ( ) E-mail:
24-Hour Emergency Contacts:
Telephone Number: ( ) Name
Mobile No.: ( ) ________________
Telephone No.: ( ) Name
Mobile No.: ( ) ________________
Telephone No.: ( ) Name
Mobile No.: ( ) ________________
_____________
Bidder's Initials
Elegant Construction Inc
H.AHazem Almassry
1053447 05-31-27
1000406720
22/01/2026
15375 Barranca Parkway suite J-103
Irvine CA92618
949-444-5161 949-771-5136
Bidding@elegantcon.com
Hazem Almassry
949-771-5136
949-444-5161
H.A
Two million eight hundred ninety-eight thousand
three hundred seventy-five $2,898,375.00
ATTACHMENT 4
Project and Specification No. 25-01
P-2a PROPOSAL
PROPOSAL SCHEDULE
(CONTINUED)
The Contractor agrees that the City will not be held responsible if any of the
approximate quantities shown in the foregoing proposal shall be found incorrect, and he
shall not make any claim for damages or for loss of profits because of a difference
between the quantities of the various classes of work as estimated and the work actually
done. If any error, omission or misstatements shall be discovered in the estimated
quantities, it shall not invalidate this contract or release the Contractor from the exec ution
and completion of the whole or part of the work herein specified, in accordance with the
specifications and the plans herein mentioned and the prices herein agreed upon and
fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle
him to any damages or compensation otherwise than as provided for in this contract.
The Contractor agrees that the City shall have the right to increase or decrease
the quantity of any bid item or portion of the work or to omit portions of the work as may
be deemed necessary or expedient, and that the payment for incidental items or work,
not separately provided in the proposal shall be considered included in the price bid for
other various items or work.
Accompanying this proposal is "Cash," "Certified Check," or "Bidder's Bond" (circle
one) in the amount of
($ ) equal to at least ten (10%) percent of the total bid price, payable to the
City of Costa Mesa, to guarantee that within fourteen (14) days after written notice is
deposited in the mail, or the bidder has received notice by telephone, the bidder will
furnish proper Certificates of Insurance, and required bonds satisfactory to the City and
execute a contract in accordance with the proposal and in the manner and form required
by the contract documents.
The undersigned deposits the above-named security as a proposal guarantee and
agrees that it shall be forfeited to the City of Costa Mesa as Liquidated Damages if the
above requirements are not complied with.
_____________
Bidder's Initials
H.A
ATTACHMENT 4
Project and Specification No. 25-01
P-3 PROPOSAL
Respectfully Submitted,
Contractor's Business Name Contractor Title
Business Address: Street Singed By Title
City State Zip Contractor's License No. and Classification Exp. Date
Business Phone Number Date
Name Title Residence: Street
City State Zip Residence phone Number
If the bid is by a corporation, state the names of the officers who can sign an agreement on behalf
of the corporation and whether more than one officer must sign.
Corporation Taxpayer I.D. Number
Can Sign Must Sign
Name
Name
Name
If the bid is by a partnership or a joint venture, state the names and addresses of all general
partners and joint ventures.
Partnership or Joint Ventures Taxpayer I.D. Number:
Name
Address
Name
Address
If the bidder is a sole proprietorship or another entity that does business under a fictitious name,
the bid shall be in the real name of the bidder with a designation following showing "DBA (the
fictitious name)"; provided, however, no fictitious name shall be used unless there is a current
registration with the Orange County Recorder.
The full names and residences of all persons and parties interested in the foregoing proposal, as
principals, are as follows:
NOTE: Give first and last names in full; in case of corporation, give names of President,
Secretary, Treasurer and Manager, and affix corporate seal; in case of partnerships and
joint ventures, give names of all the individual members.
_____________
Bidder's Initials
Elegant Construction Inc Hazem Almassry / Vice President
Vice President15375 Barranca Parkway suite J-103
Irvine CA92618 1053447 A, B, C8, C12, C13, C15, C36, C54 05-31-27
01/22/2026949 444-5161
Hazem Almassry / Vice President
Irvine California 92618
15375 Barranca Parkway suite J-103
949 444-5161
Hazem Almassry
Sam Alhakim
Hazem Almassry / CFO
sam alhakim / CEO
H.A
ATTACHMENT 4
Project and Specification No. 25-01
P-4 CONSTRUCTION REFERENCES
Bidder shall signify receipt of all Addenda here, if any:
Addendum No.
Date Received
Bidder's Signature
CONSTRUCTION PROJECT REFERENCES
In order to more fully evaluate your firm’s background and experience for the project
herein proposed, it is requested that you submit a list of Public Works and/or similar
construction projects completed, or in progress, within the last 24 months. This
information will be used to evaluate whether the bid is responsive and or responsible to
the call for bids.
Date Project Awarded
Awarding Agency Agency's Contract
Administrator Contact
Information
_____________
Bidder's Initials
1
2
3
Jan 14, 2026
Jan 15, 2026
Jan 20, 2026
July 2024 City of Tustin
December , 2024 County of Riverside
Jason J. Churchill 714-573-3355
Trai Nguyen (951) 955-6780
CITY OF TUSTIN Marilyn Buescher 714-573-3334February , 2025
H.A
ATTACHMENT 4
Project and Specification No. 25-01
P-5 SUBCONTRACTOR DESIGNATION
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100 -4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of b usiness of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one -half (½) of one percent (1%) of the prime contractor's total bid or in the case of bids for the construction of streets or highways, including bridges, in excess of one-half (½) of one percent (1%) of the prime contractor’s total bid or ten thousand ($10,000) dollars, whichever is greater. Bidder shall further set forth t he portion of the work, which will be done by each such subcontractor with its Department of Industrial Relations (DIR) registration number. Only one subcontractor for each such portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he/she/it shall be deemed to have agreed to perform the balance of all work, which is not covered, and he/she/it shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which no subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the Owner. All information must be filled out and typed. Please use additional pages in this format if needed.
Bid
Item (s)
Number
%
Portion
of Work
Name, Address and E-mail of
Subcontractor
State License
Number
Class DIR Registration
Number
By submission of this proposal, the Bidder certifies:
1. That (I)(we)(it) 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 by subcontractor for this
project.
_____________
Bidder's Initials
24-27 100
SPOHN RANCH INC6824 S CENTINELA AVENUE LOS ANGELES, CA 90230Business Phone Number:(626) 330-5803 761475 A 1000005197
38 100 R M F CONTRACTING INC1523 N HARMONY CIRANAHEIM, CA 92807 (949) 770-226 813655 C10 1000003540
SCAPEPROS LANDSCAPING CORPORATION1100 E ORANGETHORPE AVENUEANAHEIM, CA 92801 Business Phone Number:(714) 512-598528-32 &36 100 1114665 C27 1001138222
H.A
ATTACHMENT 4
Project and Specification No. 25-01
P-5a BIDDERS LIST
CITY OF COSTA MESA BIDDERS LIST
All bidders/proposers are required to provide the following information for all DBE and non-DBE
subcontractors and suppliers, who provided a proposal, bid, quote, or were contacted by the
proposed prime. This information is also required from the proposed prime contractor, and must
be submitted with their bid/proposal. City of Costa Mesa will use this information to maintain and
update a “Bidders List” to assist in evaluating the level of DBE participation on all Public Works
projects. To the extent permitted by law, all information submitted will be held in confidence.
If Bidders List information is not submitted with the bid, it shall be submitted to the City of Costa
Mesa, Construction Management Division, 77 Fair Drive, Costa Mesa, CA 92626, no later than
4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following the
bid opening. Bidders List information sent by U.S. Postal Service certified mail with return receipt
and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays
and legal holidays, following bid opening will be accepted even if it is received after the fourth day
following bid opening. Failure to submit the required Bidders List information by the time specified
will be grounds for finding the bid or proposal non-responsive.
Firm Name: ___________________________________ Phone: _________________
Address: _____________________________________ Fax: _________________
_____________________________________
Contact Person: _______________________________ No. of years in business:____
Is the firm currently certified as a DBE under 49 CFR Part 26? YES NO
Type of work/services/materials provided by firm? __________________________________
What was your firm’s Gross Annual receipts for last year?
Less than $1 Million
Less than $5 Million
Less than $10 Million
Less than $15 Million
More than $15 Million
This form can be duplicated if necessary to report all bidders (DBE subcontractors, non-DBE
subcontractors and/or suppliers’ information).
3.
_____________
Bidder's Initials
Elegant Construction Inc 949 444-5161
15375 Barranca Parkway suite J-103
Irvine CA92618
Hazem Almassry 6
All construction services
H.A
ATTACHMENT 4
Project and Specification No. 25-01
P-6 BIDDERS BOND
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Required if the bidder desires to submit bond instead of a certified or cashier's check.)
KNOW ALL PEOPLE BY THESE PRESENTS:
That we, as
principals, and _______________________________________________________ as
surety, are held and firmly bound unto the City of Costa Mesa, a municipal corporation,
organized under the laws of the State of California and situated in Orange County in the
sum of ________________________________________________ ($_____________)
to be paid to the City, its successors and assigns, for which payment well and truly to be
made, we bind ourselves, our heirs, executors, and administrators, successors or assigns,
jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That is the certain proposal of the above bounden, _____________________, if
accepted by the City of Costa Mesa, and if the above bounden,
________________________________________, his heirs, executors, administrators,
successors and assigns, shall duly enter into and execute a contract for such
construction, and shall execute and deliver the CERTIFICATE OF INSURANCE and the
LABOR AND MATERIAL and the FAITHFUL PERFORMANCE BONDS described within
fourteen (14) days from the date of the mailing of a notice of the above bounden,
_________________________________________________, by and from the City, that
said contract is ready for execution, then this obligation shall become null and void;
otherwise it shall be and remain in full force and virtue.
IN WITNESS WHEREOF:
We hereunto set our hands and seals this _____ day of _____________, 20__.
_______________________________ _______________________________
________________________________ _______________________________
________________________________ _______________________________
Contractor/ Principal Surety/Power of Attorney
(Notary Acknowledgement to be attached) (Notary Acknowledgment to be attached)
____________________
Bidder's Initials
See Attached
ATTACHMENT 4
Project and Specification No. 25-01
P-7 CONTRACT ASSURANCE
CONTRACT ASSURANCE
The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The CONTRACTOR shall
carry out applicable requirements of 49 CFR part 26 in the award and administration of
DOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements
is a material breach of this contract, which may result in the termination of this contract
or such other remedy as recipient deems appropriate.
The CONTRACTOR will require that the above provision is included in all subcontracts.
_____________
Bidder's Initials
H.A
ATTACHMENT 4
Project and Specification No. 25-01
P-8 NONCOLLUSION AFFADAVIT
NONCOLLUSION AFFIDAVIT
The bidders, by its officers and agents or representatives present at the time of
filing this bid, being duly sworn on their oaths say, that neither they nor any of them have
in any way directly or indirectly entered into any arrangement or agreement with any other
bidder, or with any public officer of such CITY OF COSTA MESA whereby such affiant or
affiants or either of them has paid or I s to pay to such bidder or public officer any sum of
money, or has given or is to give to such other bidder or public o fficer anything of value
whatever, or such affiant or affiants or either of them has not directly or indirectly, entered
into any arrangement or agreement with any other bidder or bidders, which tends to or
does lessen or destroy free competition in the le tting of the contract sought for on the
attached bids; that no bid has been accepted from any subcontractor or supplier through
any bid depository, the By-Laws, Rules, or Regulations of which prohibit or prevent the
Contractor from considering any bid from any subcontractor or supplier which is not
processed through said bid depository, or which prevent any subcontractor or supplier
from bidding to any Contractor who does not use the facilities or accept bids from or
through such bid depository; that bidder has not bid as subcontractor to other bidders;
that no inducement of any form or character other than that which appears upon the face
of the bid will be suggested, offered, paid or delivered to any person of the contract, nor
has this bidder any agreement or understanding of any kind whatsoever, with any person
whomsoever to pay, deliver to, or share with any other person in any way or manner, any
of the proceeds of the contracts sought by this bid.
_______________________________
Contractor Firm Name
_______________________________
Name of Principal
_______________________________
Title
_______________________________
Signature
Subscribed and sworn to before me by:
_________________________________
This ____ day of _____________, 20___.
My Commission Expires: ____________
Notary Public Bidder's Initials
Elegant Construction Inc
Hazem Almassry
Vice President
H.A
See Attached
ATTACHMENT 4
Project and Specification No. 25-01
P-9 WORKERS COMPENSATION
CONTRACTOR'S CERTIFICATION
OF
WORKERS' COMPENSATION INSURANCE REQUIREMENTS
FOR
PUBLIC WORKS PROJECTS
(Labor Code §1861)
I am aware of the provisions of Section 3700 of the California Labor Code which requires
every employer to be insured against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that Code, and I will comp ly with such
provisions before commencing the performance of the work of this contract.
Dated:
CONTRACTOR
Company Name
PROJECT: THE EXPANSION OF THE COSTA MESA SKATE PARK
City Project No. 25-01
_____________
Bidder's Initials
01-22-26
Elegant Construction Inc
H.A
ATTACHMENT 4
Project and Specification No. 25-01
P-9a DRUG-FREE WORKPLACE
DRUG-FREE WORKPLACE POLICY
CONTRACTOR, upon notification of contract award, shall establish a Drug -Free
Awareness Program to inform employees of the dangers of drug abuse in the workplace,
the penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace, and the employee assistance programs available to employees. Each
employee engaged in the performance of a CITY contract must be notified of this Drug -
Free Awareness Program, and must abide by its terms. Failure to establish a program,
notify employees, or inform CITY of a drug-related workplace conviction will constitute a
material breach of contract and cause for immediate termination of the contract by CITY.
CONTRACTOR shall conform to all the requirements of CITY'S Policy No. 100 -5.
A copy of this policy is attached to the sample contract agreement as an attachment in
the Project Specifications.
_____________
Bidder's Initials
H.A
ATTACHMENT 4
Project and Specification No. 25-01
P-10 CAMPAIGN CONTRIBUTION DISCLOSURE
BIDDER/APPLICANT/CONTRACTOR CAMPAIGN
CONTRIBUTION DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or
cumulative contributions greater than $249 to any city council member in the twelve months
prior to submitting an application, proposal, statement of qualifications or bid requiring
approval by the City Council.
Date
Name of Donor
Company/Business
Affiliation
Name of
Recipient
Amount
Except as described above, I/we have not made any campaign contribution in the amount of
$250 or more to any Costa Mesa City Council Member in the twelve months preceding this
Application/Proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Bidder/Applicant/Proposer
Date
____________________
Bidder's Initials
None
Elegant Construction Inc
01-22-26
H.A
ATTACHMENT 4
Bid Addendum No. 1
Project and Specifications No. 25-01
Page 1 of 3
CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200
FROM THE PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION
DATE:
TO:
SUBJECT:
JANUARY 14, 2026
ALL PROSPECTIVE BIDDERS
SKATE PARK EXPANSION PROJECT, CITY PROJECT NO. 25-01 - ADDENDUM NO. 1
Please forward this addendum to the appropriate individual as soon as possible. Please sign acknowledging receipt
herein and e-mail a copy of this sheet to kevin.gaxiola@costamesaca.gov. The bidder shall individually identify and
acknowledge receipt of ALL addenda by signing and enclosing each form in his/her bid package submittal. Failure to do
so may result in a disqualification of his/her bid. A COPY WILL NOT BE SENT BY MAIL.
Received by: _______________________________________________________________
Company: _________________________________________________________________
All bidders shall register with PlanetBids in order to retrieve the addendum. It is the responsibility of each prospective
bidder to check PlanetBids on a DAILY basis through the close of bids for any applicable addendums or updates.
This addendum, effective on this date, addresses the following items:
BID OPENING DATE: THURSDAY, JANUARY 22, 2026
BID OPENING TIME: NO CHANGE, 2:00 P.M.
BID OPENING PLACE: NO CHANGE
THE PRE-BID RFI LOG
This addendum addresses all RFIs received to date. The Pre-Bid RFI Log, including both the RFI questions and
corresponding responses, is included herein.
PROJECT SPECIFICATIONS
1. Added Sections / Documents
The following sections and documents have been added to the Project Specifications:
•Table of Contents – Pages i through iv
•Notice Inviting Bids – Pages N-1 and N-2
•SECTION 01 50 00 – Construction Facilities and Temporary Controls
•SECTION 01 78 39 – Project Record Documents
•SECTION 05 05 13 – Powder Coating
•SECTION 09 96 23 – Graffiti Resistant Coatings
•SECTION 10 14 00 – Signage
•SECTION 01 35 00 – Safety Requirements
•SECTION 28 2000 – Video Surveillance
Elegant Construction Inc
ATTACHMENT 4
Bid Addendum No. 2
Project and Specifications No. 25-01
Page 1 of 2
CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200
FROM THE PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION
DATE: JANUARY 15, 2026
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: SKATE PARK EXPANSION PROJECT, CITY PROJECT NO. 25-01 - ADDENDUM NO. 2
Please forward this addendum to the appropriate individual as soon as possible. Please sign acknowledging receipt
herein and e-mail a copy of this sheet to kevin.gaxiola@costamesaca.gov. The bidder shall individually identify and
acknowledge receipt of ALL addenda by signing and enclosing each form in his/her bid package submittal. Failure to do
so may result in a disqualification of his/her bid. A COPY WILL NOT BE SENT BY MAIL.
Received by: _______________________________________________________________
Company: _________________________________________________________________
All bidders shall register with PlanetBids in order to retrieve the addendum. It is the responsibility of each prospective
bidder to check PlanetBids on a DAILY basis through the close of bids for any applicable addendums or updates.
This addendum, effective on this date, addresses the following items:
BID OPENING DATE: THURSDAY, JANUARY 22, 2026
BID OPENING TIME: NO CHANGE, 2:00 P.M.
BID OPENING PLACE: NO CHANGE
PRE-BID RFI:
Q1:
Plans indicate that Poles/Fixtures 1–6 are existing and include an alternate price to replace fixtures. Does the Base Bid
include new poles and fixtures for Poles 1–6, or only for Poles 7–11?
A1:
The Base Bid includes new poles and fixtures only for Poles 7–11. Poles 1–6 are existing and shall remain in place.
Existing Poles 1–6 shall be retrofitted with new Musco fixtures. An alternate bid item is provided for replacement of
fixtures on existing Poles 1–6, if selected by the City.
Q2:
Note 2 states to pull new circuits in an existing pull box for new Musco lights. Are there existing empty conduits from the
pull box to the panel to serve the new lighting circuits, or are new home runs required?
A2:
There are no confirmed existing empty conduits available to serve the new Musco lighting circuits. The Contractor shall
provide new home runs from the panel to serve all new Musco lighting circuits.
PROJECT SPECIFICATIONS
1. Sections / Documents
The following sections and documents have been added to the Project Specifications:
Elegant Construction Inc
ATTACHMENT 4
Bid Addendum No. 3
Project and Specifications No. 25-01
Page 1 of 1
CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200
FROM THE PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION
DATE: JANUARY 20, 2026
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: SKATE PARK EXPANSION PROJECT, CITY PROJECT NO. 25-01 - ADDENDUM NO. 3
Please forward this addendum to the appropriate individual as soon as possible. Please sign acknowledging receipt
herein and e-mail a copy of this sheet to kevin.gaxiola@costamesaca.gov. The bidder shall individually identify and
acknowledge receipt of ALL addenda by signing and enclosing each form in his/her bid package submittal. Failure to do
so may result in a disqualification of his/her bid. A COPY WILL NOT BE SENT BY MAIL.
Received by: _______________________________________________________________
Company: _________________________________________________________________
All bidders shall register with PlanetBids in order to retrieve the addendum. It is the responsibility of each prospective
bidder to check PlanetBids on a DAILY basis through the close of bids for any applicable addendums or updates.
This addendum, effective on this date, addresses the following items:
BID OPENING DATE: THURSDAY, JANUARY 22, 2026
BID OPENING TIME: NO CHANGE, 2:00 P.M.
BID OPENING PLACE: NO CHANGE
BID PROPOSAL:
Bidders shall use the revised Bid Proposal Page P-1b (Rev 2). The revisions include the following:
• Bid Item No. 35 Site Grading has been added to the Bid Proposal.
• Double asterisks ()** have been added to Bid Item No. 27, indicating that submission of a Schedule of Values is
required.
CLARIFICATIONS TO PROJECT SPECIFICATIONS:
SECTION 28 2000 – Video Surveillance has been updated and is hereby incorporated into the Project Specifications and
made a part of the Contract Documents.
The contents of this bid addendum shall have precedence over all related provisions within the contract documents. It is
the intent of the City of Costa Mesa to clarify the above-referenced items to all bidders. Should it be necessary to request
clarification on these matters, please send your request via e-mail to irina.gurovich@costamesaca.gov.
Irina Gurovich
Project Manager
B0J �u?/L
Elegant Construction Inc
ATTACHMENT 4
ATTACHMENT 4
ATTACHMENT 4
ATTACHMENT 4
ATTACHMENT 4
ATTACHMENT 4
ATTACHMENT 4
Project and Specification No. 25-01
P-11 PROPOSAL
BIDDER’S QUALIFICATIONS
Skatepark construction is highly-specialized. It requires careful precision and an intimate
understanding of skateboarding’s nuanced details. Skateboard wheels are extremely sensitive,
therefore even the slightest inconsistency, dimension discrepancy or misinterpreted detail can
lead to major safety and functionality issues.
To validate that the bidder possesses the specialized expertise and qualifications to perform the
work, bidders are required to submit the following form as part of their bid. Submission of this
form does not automatically constitute qualification.
LICENSING & REGISTRATION
The specialty skatepark contractor must possess a current and active contractor license issued
by the State of California’s Contractors State License Board:
• Business Name: ____
• License #: ____
• Expiration Date: ____
The specialty skatepark contractor must possess a current and active registration issued by the
State of California’s Department of Industrial Relations:
• Business Name: ____
• Registration #: ____
• Expiration Date: ____
SHOTCRETE NOZZLEMAN
The specialty skatepark contractor’s shotcrete nozzleman is required to be certified by the
American Concrete Institute.
• Name: ____
• Certification ID: ____
• Expiration Date: ____
INSURANCE
Does the specialty skatepark contractor meet the following minimum insurance requirements?
• Workers Compensation and Employers Liability insurance in the amount of $1,000,000
YES ☐ NO ☐
Spohn Ranch, Inc.
761475
5/31/27
Spohn Ranch, Inc.
1000005197
6/30/28
Mark Bradford
01262561
5/4/29
ATTACHMENT 4
P-12 BIDDERS QUALIFICATIONS
• Comprehensive General Liability or Commercial General Liability insurance covering all
operations or job specific in the amount of $1,000,000 per occurrence, $2,000,000
aggregate
YES ☐ NO ☐
• Excess Liability/ Umbrella Insurance in the amount of $3,000,000
YES ☐ NO ☐
• Errors and Omissions/ Professional Liability insurance in the amount of $1,000,000 per
occurrence, $1,000,000 aggregate
YES ☐ NO ☐
LEGAL
In the past 5 (five) years, has the specialty skatepark contractor failed to complete a
construction contract or been assessed liquidated damages?
YES ☐ NO ☐
If yes, please explain:
In the past 5 (five) years, has the specialty skatepark contractor been sued for damages for
breach of contract, defective construction or breach of warranty?
YES ☐ NO ☐
If yes, please explain:
In the past 5 (five) years, has a claim or lawsuit been filed against the specialty skatepark
contractor’s performance bonding company arising from a breach of contract or defective
construction?
YES ☐ NO ☐
If yes, please explain:
X
ATTACHMENT 4
P-13 BIDDERS QUALIFICATIONS
If yes, please explain:
In the past 5 (five) years, has a claim or lawsuit been filed against the specialty skatepark
contractor’s performance bonding company arising from a breach of contract or defective
construction?
YES ☐ NO ☐
If yes, please explain:
In the past 5 (five) years has the specialty skatepark contractor had work rejected by an Owner
or Owner’s representative?
YES ☐ NO ☐
If yes, please explain:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________
PRIOR SPECIALTY SKATEPARK CONSTRUCTION EXPERIENCE
The specialty skatepark contractor is required to have MINIMUM SIX (6) YEARS OF
EXPERIENCE and constructed 5 (five) concrete skateparks of a minimum of 12,000 square feet
for a public entity within the United States within the last 5 (five) years. Projects must have been
open and continuously in operating condition for at least 1 (one) year.
1. PROJECT NAME: Rockaway Beach Skatepark, New York, NY
ATTACHMENT 4
P-14 BIDDERS QUALIFICATIONS
OWNER:
OWNER CONTACT INFORMATION:
SHOTCRETE NOZZLEMAN:
YEAR OPENED:
SQUARE FOOTAGE:
CONTRACTOR’S SCOPE: _____
2. PROJECT NAME:
OWNER:
OWNER CONTACT INFORMATION:
SHOTCRETE NOZZLEMAN:
YEAR OPENED:
SQUARE FOOTAGE:
CONTRACTOR’S SCOPE:
3. PROJECT NAME:
OWNER:
OWNER CONTACT INFORMATION:
SHOTCRETE NOZZLEMAN:
YEAR OPENED:
SQUARE FOOTAGE:
CONTRACTOR’S SCOPE:
4. PROJECT NAME:
OWNER:
NYC Parks Department
Mark Bradford
2021
Concrete skatepark construction
15,000
imelda.bernstein@parks.nyc.gov
South Ogden Skatepark
City of South Ogden, UT
Kelly Malobovich
2024
mdixon@southogdencity.gov
19,000
Concrete skatepark construction
Riverside Skatepark, City of Cedar Rapids, IA
City of Cedar Rapids, IA
Mark Bradford
2022
14,000
Steve Krug, s.krug@cedar-rapids.org
Skatepark design and construction
Crowley Lake Skatepark
Mono County, CA
ATTACHMENT 4
P-15 BIDDERS QUALIFICATIONS
OWNER CONTACT INFORMATION:
SHOTCRETE NOZZLEMAN:
YEAR OPENED:
SQUARE FOOTAGE:
CONTRACTOR’S SCOPE:
5. PROJECT NAME:
OWNER:
OWNER CONTACT INFORMATION:
SHOTCRETE NOZZLEMAN:
YEAR OPENED:
SQUARE FOOTAGE:
CONTRACTOR’S SCOPE:
Mark Bradford
pchapman@mono.ca.gov
15,000
2018
Skatepark design and construction
West Jordan Wheels Park
City of West Jordan, UT
dustin@sandlinc.com
Kelly Malobovich
2024
15,000
Skatepark design and construction
ATTACHMENT 4
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ATTACHMENT 4
ATTACHMENT 4